The purpose of this title is to establish a zoning plan and regulations implementing the general plan and regulating land use within the town and certain unincorporated areas that may be prezoned pursuant to the California Government Code. This title divides the Town of Atherton into zoning districts consistent with general plan land use designations. It further provides regulations for uses, height, bulk, setbacks, open spaces, size of buildings and structures, and population densities. These regulations are necessary for the orderly use of land, for the provision of adequate light and air, to prevent overconcentration of population, to provide adequate community facilities and utilities, and to promote the public health, safety, and general welfare. (Ord. 582 § 1 (Exh. A), 2009)

No building or structure shall be erected, reconstructed, or structurally altered in any manner, nor shall any building or land be used for any purpose, other than as permitted by and in conformance with this title and all other ordinances, laws, and maps referred to in this title. (Ord. 582 § 1 (Exh. A), 2009)

The provisions of this title shall apply to all persons and the Town of Atherton. It shall apply to other governmental entities to the extent the law allows. (Ord. 582 § 1 (Exh. A), 2009)

The purpose of this chapter is to establish the administration of this title and to set forth the basic responsibilities of the officials and bodies charged with its administration.

An application for a permit may be applied for by the owner of record of the property for which the permit is sought or by the owner’s agent as authorized in writing. The application shall be filed with the town planner on a prescribed form, together with all fees, plans, maps, and any other information required by the office of the town planner. Necessary submittal materials are listed on the form for each permit type.

If an application has been denied by the final approval authority, the application may not be presented in substantially the same form for a period of at least one year from the date the application was denied. (Ord. 582 § 1 (Exh. A), 2009)

Nonrefundable fees to cover the costs of processing the application shall be required for all planning permits, appeals, amendments, and other applications in an amount as shall be established from time to time by resolution of the city council. (Ord. 582 § 1 (Exh. A), 2009)

After an application is accepted as complete, the project shall be reviewed in accordance with the California Environmental Quality Act (CEQA). The town planner will consult with other departments as appropriate regarding compliance with all provisions of the Atherton Municipal Code and other adopted policies and plans. The town planner will prepare a report to the designated approval authority (planning commission and/or city council as described in Table 17.06.070-1) describing the project, along with a recommendation to approve, conditionally approve, or deny the application. (Ord. 582 § 1 (Exh. A), 2009)

All permits shall take effect ten days following the date of the decision unless an appeal is filed as provided pursuant to section 17.06.100 (Appeals) of this title. No building permit may be issued until the expiration of this period or determination of all appeals, whichever occurs last. (Ord. 582 § 1 (Exh. A), 2009)

The following figure 17.06.130-1 illustrates the steps and flowchart of the procedures discussed in the preceding sections. The intent of this figure is to help the reader understand the steps in the process and is not meant to supersede the provisions in sections 17.06.050 through 17.06.110. The figure is meant for illustrative purposes only.

The provisions of this Chapter shall be known as the Development Agreement adoption procedure. The purposes of this Chapter are to prescribe the procedures for consideration of Development Agreements and, by encouraging appropriate projects, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development. This procedure shall apply to projects within all Zoning Districts within the Town. (Ord. 634 § 2 (Exh. A), 2018)

An application for a Development Agreement shall be made by a person, or the authorized agent of a person, having a legal or equitable interest in the affected property and written authorization, if not the legal owner, from the legal owner of the subject property. The application shall be made on a form prescribed by the Planning Department and shall be filed with and processed by such Department in the same manner as provided for in section 17.07.030. The application shall be accompanied by a fee established by Resolution of the City Council, from time to time amended, and by the proposed Development Agreement and any supporting material which shall include, among other matters, the following:

The Planning Commission shall review the application for the Development Agreement at the next available duly noticed public hearing following a determination by the Planning Department that the application is complete. The applicant shall be given advance notice of the time, date and place of any hearing by the Planning Commission during which the applicant’s application will be considered. The Commission shall determine whether the proposal conforms to the criterion set forth in section 17.07.050, and may recommend approval or disapproval of the application, or recommend its approval subject to changes in the proposed Development Agreement or conditions of approval, giving consideration to the factors set forth in section 17.07.060. (Ord. 634 § 2 (Exh. A), 2018)

Upon receiving a recommendation on the application from the Planning Commission, the City Council shall consider the application at its next available meeting, at a duly noticed public hearing. The applicant shall be given advance notice of the time, date and place of any hearing by the City Council during which the applicant’s application will be considered. The Council shall review the recommendation of the Planning Commission and shall determine whether the proposal conforms to the criterion set forth in section 17.07.050, and may approve or disapprove the proposed Development Agreement, or approve it subject to changes therein or conditions of approval, giving consideration to the factors set forth in section 17.07.060. If the Council approves the Development Agreement or approves it subject to changes or conditions, it shall do so by Ordinance and the Agreement shall be effective upon the effective date of the Ordinance. (Ord. 634 § 2 (Exh. A), 2018)

A Development Agreement may be approved only if it is found that the proposed project is consistent with the Town’s General Plan, Zoning Ordinance and any other applicable land use controls or development policies that have been adopted by the City Council. (Ord. 634 § 2 (Exh. A), 2018)

In reviewing an application for a Development Agreement, the Planning Commission and the City Council shall give consideration to the status and adequacy of pertinent Town-adopted plans, including but not limited to the General Plan and Zoning Ordinance; any uncertainty or issues about the affected area which may suggest the necessity of retaining flexibility over future development; the traffic, parking, public service, visual, and other impacts of the proposed development project upon abutting properties and the surrounding area; the provisions, if any, for reservation, dedication, or improvement of land for public purposes; the type and magnitude of the project’s economic benefits to the Town, and of its contribution, if any, toward meeting of housing needs; and to any other comparable, relevant factor as determined by the Planning Commission and/or City Council. (Ord. 634 § 2 (Exh. A), 2018)

Within ten days following the effective date of the Development Agreement, the City Clerk shall record with the County Recorder a copy of the fully executed agreement. If the agreement is amended, canceled, or revoked pursuant to section 17.07.080 or 17.07.090, the City Clerk shall record notice of such action with the Recorder. (Ord. 634 § 2 (Exh. A), 2018)

A Development Agreement shall be enforceable by any party thereto. The interests of the applicant may not be transferred or assigned to a new person without the written consent of the Town. In any case, the burdens of such agreement shall also bind, and its benefits shall also inure to, all successors in interest. A Development Agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Such amendments and cancellations shall be processed in the same manner as an original application and shall be subject to the same procedural requirements. (Ord. 634 § 2 (Exh. A), 2018)

Whenever a Development Agreement is proposed for a project which requires zoning approval, or subdivision approval, the application for the Development Agreement may be included with the application(s) for said approval(s), but shall nonetheless be subject to all the separate procedures and criterion pertaining to review of Development Agreements. (Ord. 634 § 2 (Exh. A), 2018)

The purpose of the zoning clearance is to ensure that permits for new and modified uses and structures comply with this title, using staff-level plan check procedures. Zoning clearance is required for all structures that require a building permit. It is also required for all business licenses. (Ord. 582 § 1 (Exh. A), 2009)

The designated approval authority for zoning clearance is the town planner. The town planner approves, conditionally approves, or denies the zoning clearance in accordance with the requirements of this title. (Ord. 582 § 1 (Exh. A), 2009)

The purpose of this chapter is to specify the authority and procedures for clarification of ambiguity in the regulations of this title in order to provide consistent interpretation and application. (Ord. 582 § 1 (Exh. A), 2009)

If ambiguity arises concerning the meaning or applicability of any of the provisions of this title, it shall be the responsibility of the town planner to review pertinent facts, determine the intent of the provision, and issue an interpretation of the relevant provision(s) as specified in this title. (Ord. 582 § 1 (Exh. A), 2009)

Interpretations shall be in writing and shall cite the provisions being interpreted, together with an explanation of the meaning or applicability of the provision(s) in the particular or general circumstances that caused the need for interpretation. The town planner shall maintain a complete record of all interpretations made pursuant to this chapter and make the record available for public review. Interpretations that would benefit from codification in this title should be amended into the zoning code as part of an annual review and update. (Ord. 582 § 1 (Exh. A), 2009)

Interpretations by the town planner may be appealed to the designated appeal authority pursuant to chapter 17.06 (Zoning Code Administration and Permit Provisions). (Ord. 582 § 1 (Exh. A), 2009)

The purpose of the conditional use permit is for the individual review of uses, typically having unusual site development features or operating characteristics, to assure compatibility with surrounding areas and uses. A conditional use permit is required for all uses specifically identified as requiring a conditional use permit in division II or III of this title. (Ord. 582 § 1 (Exh. A), 2009)

The designated approval authority for a conditional use permit is the planning commission. The town planner provides a recommendation and the planning commission approves, conditionally approves, or denies the conditional use permit in accordance with the requirements of this title as described in section 17.06.070 (Approval Authority) and Table 17.06.070-1 (Approval Authority). (Ord. 582 § 1 (Exh. A), 2009)

Conditional use permits shall be granted only when the approval authority determines that the proposed use or activity complies with all of the following findings:

In granting a conditional use permit, the designated approval authority may impose such reasonable conditions or restrictions, including, but not limited to, time limits, review of performance, and performance standards, as it deems necessary to secure the purpose of this title and to assure operation of the use or the construction of improvements in a manner compatible with existing and potential uses of adjoining properties and in the general vicinity, and may require guarantees and evidence that such conditions are being or will be complied with. (Ord. 582 § 1 (Exh. A), 2009)

The purpose of the special structures permit process is to assure special buildings and structures are compatible with surrounding areas and uses. (Ord. 582 § 1 (Exh. A), 2009)

A special structures permit shall be required for the following buildings and structures as identified throughout this title:

The designated approval authority for special structures permits is the planning commission. The town planner provides a recommendation and the planning commission approves, conditionally approves, or denies the special structures permit in accordance with the requirements of this title as described in section 17.06.070 (Approval Authority) and Table 17.06.070-1 (Approval Authority). (Ord. 582 § 1 (Exh. A), 2009)

Special structure permits shall be granted only when the approval authority determines that the proposed building or structure complies with all of the following:

In granting a special structures permit, the approval authority may impose such reasonable conditions or restrictions as it deems appropriate or necessary to protect the public health, safety, or general welfare, and to secure the purposes of this title, and may require guarantees and evidence that such conditions are being, or will be, complied with. (Ord. 582 § 1 (Exh. A), 2009)

In accordance with California Government Code Section 65906, a variance request allows the town to grant exceptions to the development standards and provisions of this title in cases where, because of special circumstances applicable to the property, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning districts. A variance approval is required to grant exception from any of the development standards and provisions of this title. Variance applications may not be granted for uses or activities not otherwise permitted by zoning district regulations. (Ord. 582 § 1 (Exh. A), 2009)

The designated approval authority for variances is the planning commission. The town planner provides a recommendation and the planning commission approves, conditionally approves, or denies the variance in accordance with the requirements of this title as described in section 17.06.070 (Approval Authority) and Table 17.06.070-1 (Approval Authority). (Ord. 582 § 1 (Exh. A), 2009)

A variance may be granted from site development, height, floor area, setback, or other requirements of this title applicable within any district, other than allowed use provisions, only if the designated approval authority makes the following findings:

In granting a variance, the designated approval authority may impose such reasonable conditions or restrictions as it deems appropriate or necessary to protect the public health, safety, or general welfare, and to secure the purposes of this title, and may require guarantees and evidence that such conditions are being, or will be, complied with. (Ord. 582 § 1 (Exh. A), 2009)

This chapter provides a process for individuals with disabilities to make requests for reasonable accommodation for relief from the various land use, zoning, or rules, policies, practices, and/or procedures of the town. It is the policy of the town, pursuant to the Federal Fair Housing Act (as amended), to provide people with disabilities reasonable accommodation in rules, policies, and procedures that may be necessary to ensure equal access to housing. (Ord. 582 § 1 (Exh. A), 2009)

The applicant shall provide the following information when requesting reasonable accommodation:

All requests for reasonable accommodation relating to increased occupancy of a group home shall be filed first with the town planner. At his/her discretion, the town planner may either act upon the request as described in section 17.17.040 (Approval Authority and Approval Process) or forward the request to the planning commission as described in section 17.17.040 (Approval Authority and Approval Process). If a request is forwarded to the planning commission, it shall be processed as a conditional use permit and shall be subject to the findings stated in section 17.17.060 (Required Findings for Reasonable Accommodations). (Ord. 582 § 1 (Exh. A), 2009)

In making a determination regarding the reasonableness of a requested accommodation, the approval authority shall make the following findings:

Appeal of the town planner or planning commission action on the request for reasonable accommodation shall be made in accordance with the procedures specified in section 17.06.100 (Appeals). (Ord. 582 § 1 (Exh. A), 2009)

The purpose of a zoning amendment is to allow modifications to any provisions of this title (including the adoption of new regulations or deletion of existing regulations) or to change the zoning designation on any parcel(s). (Ord. 582 § 1 (Exh. A), 2009)

Amendments may be initiated by:

The designated approval authority for zoning amendments is the city council. The town planner and planning commission provide recommendations and the city council approves, conditionally approves, or denies zoning amendments in accordance with the requirements of this title as described in section 17.06.070 (Approval Authority) and Table 17.06.070-1 (Approval Authority). (Ord. 582 § 1 (Exh. A), 2009)

Zoning amendments shall be granted only when the approval authority makes the finding that the proposed zoning amendment (text or plan) is consistent with the general plan goals, policies, and implementation programs. (Ord. 582 § 1 (Exh. A), 2009)

When considering rezoning applications, the city council has the authority to impose restrictions on property including the restriction of use. (Ord. 582 § 1 (Exh. A), 2009)

Adoption of the zoning amendment by the city council shall constitute final action and approval of the amendment. Authorization for construction or occupancy in accordance with the amendment may only be granted upon or after the effective date of the action. (Ord. 582 § 1 (Exh. A), 2009)

The purpose of the front/rear lot line redesignation is to provide a process for the property owner to request a different front or rear lot line. While the front lot line is generally the narrowest portion of the lot fronting a street, a property owner may apply for a front/rear lot line redesignation in order to have a different line designated as the front line. (Ord. 582 § 1 (Exh. A), 2009)

The designated approval authority for front/rear lot line redesignation is the planning commission. The town planner provides a recommendation and the planning commission approves, conditionally approves, or denies the redesignation as described in section 17.06.070 (Approval Authority) and Table 17.06.070-1 (Approval Authority). (Ord. 582 § 1 (Exh. A), 2009)

Subsequent to any front/rear lot line redesignation approved by the planning commission, the city clerk shall record the location of the newly designated front lot line in the offices of the County Recorder of San Mateo County. Costs for such recordation shall be borne by the applicant, and the effective date of the redesignation shall be the date of recordation. (Ord. 582 § 1 (Exh. A), 2009)

The purpose of prezoning is to establish the designation of land use by zoning district for unincorporated property adjoining the town, within the sphere of influence. (Ord. 582 § 1 (Exh. A), 2009)

The method of accomplishing prezoning shall be the same as for zoning code amendments as provided in chapter 17.18 (Zoning Code Amendment) of this title. Such zoning shall become effective at the time annexation becomes effective. (Ord. 582 § 1 (Exh. A), 2009)

The purpose of a general plan amendment is to allow for modifications to the general plan text (e.g., goals, policies, or implementation programs) or to change the general plan land use designation on any parcel(s). (Ord. 582 § 1 (Exh. A), 2009)

The designated approval authority for general plan amendments is the city council. The town planner, general plan committee, and planning commission provide recommendations and the city council approves, conditionally approves, or denies the general plan amendment in accordance with the requirements of this title as described in section 17.06.070 (Approval Authority) and Table 17.06.070-1 (Approval Authority). (Ord. 582 § 1 (Exh. A), 2009)

Pursuant to Government Code Section 65358, no mandatory element of the general plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the general plan. (Ord. 582 § 1 (Exh. A), 2009)

A general plan amendment may be initiated by motion of the planning commission or city council, by application by property owner(s) of parcel(s) to be affected by a general plan amendment, or by recommendation of the town planner to clarify text, address changes mandated by State law, maintain internal general plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the town. (Ord. 582 § 1 (Exh. A), 2009)

In the event that a general plan amendment is requested by a private property owner, the applicant shall demonstrate to the city council that there is a substantial public benefit to be derived from such amendment. (Ord. 582 § 1 (Exh. A), 2009)

Adoption of the general plan amendment by the city council shall constitute final action and approval of the amendment. Authorization for construction or occupancy in accordance with the amendment may only be granted upon or after the effective date of the action. (Ord. 582 § 1 (Exh. A), 2009)

All departments, officials, and public employees of the town vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this title. Any such permits or licenses issued in conflict with the provisions of this title shall be null and void. It shall be the duty of the city manager to enforce the provisions of this title pertaining to erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. (Ord. 582 § 1 (Exh. A), 2009)

Each violation of this title shall constitute a public nuisance and be subject to abatement proceedings and costs pursuant to chapter 8.20 (Nuisance Abatement). (Ord. 582 § 1 (Exh. A), 2009)

This chapter provides regulations for nonconforming land uses, buildings, and structures that were lawful before the adoption or amendment of this zoning code, but that would be prohibited, regulated, or restricted differently under the current terms of this zoning code or future amendments. (Ord. 582 § 1 (Exh. A), 2009)

Terms that are relevant to this chapter are defined in chapter 17.60, Definitions. (Ord. 582 § 1 (Exh. A), 2009)