HomeMy WebLinkAbout387 ORDINANCE NO. 387
ORDINANCE' OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS AMENDING
CHAPTER 1 (ZONING) OF TITLE 10 (ZONING AND SITE DEVELOPMENT)
OF THE LOS ALTOS HILLS MUNICIPAL CODE TO AMEND
THE SECTIONS ,ON NON-CONFORMING STRUCTURES
WHEREAS, the City Council wishes to revise the regulations
regarding non-conforming structures and pavement in setbacks .
NOW, THEREFORE, the City Council of the Town of Los Altos
Hills does ORDAIN as follows :
1 . AMENDMENT OF CODE. Section 10-1 .401 (Nonconforming
Structures) of Chapter 1 (Zoning) , Title 1.0 of the Los Altos Hills
Municipal Code is hereby amended to read:
(a) Damaged or Destroyed Structures . The provisions of
this chapter shall not prevent the reconstruction,
repairing, or rebuilding of any legal nonconforming
structure which has been damaged or destroyed by natural
disaster, including but not limited to earthquake, fire .
and flood, so long as the reconstruction, repair or
rebuilding does not result in an increase in the
nonconformity or change of use that existed prior to the
damage or reconstruction.
(b) Less Than Substantially Rebuilt Structures . The
provisions of this chapter shall not prevent the
reconstruction, repairing, or rebuilding of any legal
nonconforming structure which will be voluntarily altered
such that not more than 500 of the nonconforming portion
of the structure' s floor area and not more than 50% of
the nonconforming exterior walls are rebuilt, either as
a single project or cumulatively over time, so long as
the reconstruction, repair or rebuilding does not result
in an increase in the nonconformity or change of use that
existed prior, to the reconstruction. The structure
dimensions, square footage and use prior to demolition
must be submitted to and verified by the Planning
Director at the time of issuance of a demolition permit
or site development permit, whichever occurs first .
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(c) Substantially Rebuilt Structures. The provisions of
this chapter shall not prevent the reconstruction,
repairing, or rebuilding of any legal nonconforming
structure which will be voluntarily altered such that
more than 50% of the nonconforming portion of the
structure' s floor area or more than 50% of the
nonconforming exterior walls are rebuilt, subject to the
limitations outlined in subsection (b) , unless the
Planning Commission finds that : 1) the structure could
be relocated elsewhere on the site, accommodating the
same square footage and development area existing
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previously without substantial environmental damage, and
2) relocation of the structure would substantially reduce
adverse visual or privacy impacts to neighbors or to the
general public .
(d) Development Area and Floor Area. The provisions of
this chapter shall not prevent the reconstruction, repair
or rebuilding of the amount of legal nonconforming
development area or floor area (in excess of the area
allowed by Sections 10-1 . 502 and 503 , respectively, of
the Zoning Code) , provided that the reconstruction,
repair or rebuilding does not result in an increase in
the nonconformity or change of use that existed prior to
the reconstruction. Development area and floor area,
location, square footage and use prior to demolition must
be submitted to and verified by the Planning Director at
the time of issuance of a demolition permit or site
development permit, whichever occurs first .
(e) Time Limit for Approval . If pursuant to
reconstruction, repair or rebuilding under subsections
(b) through (d) above, a complete application for a site
development permit or building permit is not submitted
prior to one year after the date the structure or portion
thereof was demolished, or not later than two years after
demolition in the case of damaged or destroyed structures
addressed in subsection (a) , any new construction must
meet all of the then current Zoning Code provisions . The
City Council may, at its discretion, authorize an
extension of time for submittal of an application, upon
written request by the applicant prior to the expiration
of the prescribed time limit .
(f) Height . Notwithstanding the above provisions (b) ,
(c) and (d) , no legal nonconforming structure or portion
thereof shall be voluntarily demolished and/or altered to
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result in a building height in excess of that permitted
by this chapter, unless the Planning Commission finds
that such height is appropriate due to the historic
nature of the structure .
(g) Additions to Nonconforming Structures . Any addition
to a legal nonconforming structure shall comply with all
provisions of this chapter, except that the Planning
Director may approve additions not to exceed 150 square
feet in area to be located within a setback, if the
Director finds that : 1) the encroachment would be a
continuation of an existing encroaching building edge, 2)
the addition would encroach no closer to the property
line than the adjacent building edge, 3) the addition
would be limited to one story, not to exceed 19 feet in
height, 4) the addition is desirable in order to provide
architectural consistency with the remainder of the
structure, 5) the addition would have no adverse visual
or privacy impacts on neighbors or the general public;
and 6) the addition would be consistent with floor area
and development area limitations of the Zoning Code .
(h) Legal Nonconforming Structure. For the purposes of
this section, a legal nonconforming structure is one
which was legally- permitted at the time it was
constructed, or legally permitted by an approved variance
but which does not comply with one or more of the Town' s
current Zoning Code provisions .
(i) Increase in Nonconformity. An increase in
nonconformity will occur when any nonconforming structure
or portion thereof is altered to increase the footprint,
volume or height, or to further exceed maximum
development area or floor area, or to increase the extent
of encroachment into a setback or to propose an
encroachment or excess development area in a different
location than previously existed.
(j ) Change of Use. A change of use means conversion of
a non-habitable structure (such as garages, carports,
barns/stables, or storage) to residential uses (main
residence, secondary dwelling, pool house, etc. ) , or the
conversion of an outdoor use area (walkway, patio) to a
more intensive use (swimming pool, tennis court) . Change
of use is only relevant to setback nonconformities .
Change of use to a less intensive use may be permitted by
the Planning Director.
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(k) Variances . Nothing in this section is intended to
prohibit a property owner from seeking, or the Planning
Commission and City Council from granting, a variance
pursuant to the appropriate provisions of the Zoning
Code.
2 . EFFECTIVE DATE; POSTING. This ordinance shall become
effective thirty (30) days from the date of its passage, and shall
be -posted within the Town of Los Altos Hills in three (3) public
places.
INTRODUCED: June 18, 1997
PASSED: July 2, 1997
AYES : Mayor-Pro Tem Johnson and Councilmembers Dauber, Hubbard and
Siegel
NOES : None
ABSTENTIONS : Mayor Casey
ABSENT:
'
BY.
Mayor
ATTEST
City Clerk
AP ROVED AS TO FORM:
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