Los Altos Hills City Zoning Code
CHAPTER 1
ZONING
Ord- 621_0
§ 10-1.101 Title.
This chapter shall be known and may be cited as the "Zoning Law of the Town of Los Altos Hills."
(§ 1, Ord. 305, eff. October 3, 1986)
§ 10-1.102 Scope.
The provisions of this chapter are not intended to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws, or with private restrictions placed upon property by covenant, deed, or other private agreement, or with restrictive covenants running with the land to which the Town is a part. Where the provisions of this chapter impose a greater restriction upon land, buildings, or structures than are imposed or required by such existing provisions of laws, covenants, contracts, or deeds, the provisions of this chapter shall control.
(§ 1, Ord. 305, eff. October 3, 1986)
§ 10-1.103 Purposes.
The provisions of this chapter are adopted to protect and guide the growth and expansion of the Town in an orderly manner, consistent with the General Plan and true to the rural residential character of the community; to provide for space deemed necessary to advance the welfare of the public in assuring adequate light, pure air, and safety from conflagration and disaster; to promote the smooth flow of traffic; to provide adequate residential off-street parking facilities; to protect the community against excessive storm water runoff, soil erosion, earth movement, and earthquake and other geological hazards; to minimize the silting of drains and drainage channels; to preserve and enhance the natural beauty of the community; and to solve other conditions arising from the concentration of the population.
(§ 1, Ord. 305, eff. October 3, 1986)
§ 10-1.104 Interpretation.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and welfare.
(§ 1, Ord. 305, eff. October 3, 1986)
§ 10-1.201 Scope.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as set forth in this article.
(§ 1, Ord. 305. eff. October 3, 1986)
§ 10-1.202 Designated.
means a subordinate use or subordinate structure customarily incident to and located on the same lot or parcel with the primary use.
means and includes animal husbandry, livestock farming, flower growing, crop and tree farming, and viticulture.
as applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
means any device used to transmit and/or receive electromagnetic waves, with the exception that antennas that are a part of a wireless telecommunications facility, as defined under Article 13 of Chapter 1, Title 10 of this Code, that are designed to radiate or receive radio frequency signals or electromagnetic waves for the provision of services, shall be excluded from, and not be governed under, this chapter and article but shall be governed under Article 13 of Chapter 1, Title 10 of this Code.
"Gross area" means the total area included within the boundaries of any parcel or lot of land, which boundaries are specified in the deed to the property.
"Net area" means the gross area of any parcel or lot of land, less panhandles and all public and private easements for vehicular access within the parcel or lot, excluding easements primarily for emergency access. Notwithstanding the foregoing, for purposes of determining lot unit factor (LUF), net area shall only exclude the paved portions of panhandles and the paved portions of all public and private easements for vehicular access.
of a lot or parcel shall be defined by the formula:
S | = | .00230IL | |
A |
where: | |
(i) | S is the average slope in percent; |
(ii) | I is the contour interval in feet; |
(iii) | L is the combined length of contour lines in scale feet within the net area; and |
(iv) | A is the net area of the parcel or lot in acres. |
The topographic base map to be used shall meet the requirements for tentative subdivision maps as set forth in Section 9-1.603(g). Under certain special circumstances, as approved by the Town Planner, measurements along contours may be made at contour intervals of 10 feet. |
Any portion or portions of a parcel or lot which have an average natural slope greater than 55% may, as an option to the applicant, be assigned an average slope of 55% for the purposes of computing the average slope of the entire parcel or lot, provided however, that the excluded area shall not have an average slope exceeding 100%. |
means a floor level, or portions thereof, which has:
All portions directly below a building; and
The finished floor elevation of the building level above shall not be greater than 28 inches above the adjoining natural or finished grade, whichever is lower; and
At least 75% of its perimeter length wholly underground; and
Daylighted basements shall comply with all height and setback requirements of this title. Basements, including cellars and bunkers, which are not located within the footprint of the building above, may be permitted by the Planning Commission when it finds that such structures do not encroach in setbacks, are a minimum of 18 inches below natural grade, are wholly underground except for required exiting, lighting and ventilation and are counted as development area except when placed under a surface already counted as development area. Bunker area exceeding 1,500 square feet shall be counted as floor area. |
Daylight Basement Structure Height Setback. For basement floor levels, any floor area portion and the first 20 feet of a daylighted basement shall be limited in structure height per Section 10-1.504. |
means a structure with a minimum structure height of six feet having a roof supported by columns or walls for the housing or enclosure of persons, animals, or chattels.
means the line along which the vertical surface of a building intersects the ground.
means a permit issued by the Town for construction, erection, or alteration of a structure or building.
means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, "cannabis" does not mean "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
means the commercial transfer of cannabis or cannabis products from a licensed commercial cannabis business established outside of Town limits to an adult customer in accordance with State law. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer or independently licensed under the State that enables qualified patients and primary caregivers to arrange for or facilitate the commercial transfer by a licensed dispensary of medical cannabis or medical cannabis product.
means that the specific inspections and tests have been performed where required and that such tests comply with the applicable requirements of this chapter.
"Recreational club" means a club or recreational facility operated by a nonprofit organization.
includes cultivation, possession, manufacture, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, distribution, or sale of cannabis or a cannabis product.
means a residence facility for participants in a religious order or organization; provided, however, no money or other consideration shall be required to be paid by the residents to the proprietor.
on any lot or parcel means that area which is described in Section 10-1.502(b) of this article.
means any antenna, external to or attached to the exterior of any building or structure, which is parabolic or semi-circular in cross-section.
means a facility where medical cannabis, medical cannabis products, or devices for the use of medical cannabis or where medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers, pursuant to express authorization by local ordinance, medical cannabis and medical cannabis products as part of a retail sale.
means a private way or route for use by vehicular traffic leading from a parking area, house, garage, or other structure to a public or private right-of-way, and serving no more than two parcels or lots.
"Primary dwelling" means a building designated and/or customarily used as a residence by not more than one family and situated on a parcel or lot on which no other primary dwelling is located.
"Secondary dwelling" means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. A secondary dwelling shall include facilities for living, sleeping, eating, cooking, and sanitation, and be located on the same parcel under the same ownership as a primary dwelling.
means temporary housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. Emergency shelters may include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
means housing as defined in Section 17008 of the California Health and Safety Code (HSC), for six or fewer employees.
means a geologist licensed and certified as an engineering geologist by the State of California.
means one person or two or more individuals living together in a dwelling, sharing household responsibilities and activities, and having close social or economic or psychological commitments to each other.
means an eligible agricultural employee housing development that is maintained and operated by a qualified affordable housing organization or by a local or State public housing agency, as defined in Section 17021.8 of the California Government Code.
means a constructed barrier or screen composed of wood, metal, masonry, glass, plastic or any other construction material (not including graded berms or living hedges).
means any area of land from which vegetation has been removed or cut for the purposes of fire protection.
means the gross horizontal area of the several floors of all buildings, including garage space and carport space (if the carport space was approved after March 9, 2002), measured to the outside of exterior walls. Floor area is counted twice when the vertical distance between the upper surface of the floor and the underside of the roof directly above it is greater than 17 feet, except when counted floor area occupies the intervening space. Stairwells shall only be counted as floor area once. That portion of an attic is considered floor area when the distance between the upper surface of the attic floor and the underside of the roof above it is more than seven feet in height. For the purposes of this definition, all attic spaces are considered to have floor surfaces. Area meeting the definition of a basement is exempted from floor area.
means all property abutting one side of a road.
"Private garage" means a building or an accessory to a main building providing for the storage of automobiles.
means to bring an existing surface to a designed form by excavating, filling, or smoothing operations.
means the electrical distribution and transmission system in Los Altos Hills.
means floor area, as defined in this section, which includes provisions for space heating, with floor to ceiling heights in excess of seven feet, and is intended for living purposes for human occupancy. "Habitable floor area" shall include, but is not limited to, bedrooms, bathrooms, kitchens, living, family, and dining rooms, office/study areas, game rooms, poolhouses, or similar use areas, as well as entry foyers, hallways, stairs, etc., which connect such areas. Floor area clearly intended for garage or storage use, barns or stables (excluding any habitable portion of the building), and basements and attics with floor to ceiling heights of less than seven feet are not considered "habitable."
"Structure height" means the vertical distance at any point from: (1) the natural grade which existed prior to grading for the proposed structure, (2) existing grade indicated on an approved grading plan, if different than the natural grade, or (3) the proposed building pad if excavated below natural grade, whichever elevation is lowest, to the highest part of the structure directly above.
means an occupation carried on by the resident of a dwelling as a secondary use of the premises.
means any vehicle or structure designed and constructed in such a manner as will permit the occupancy thereof as sleeping quarters for one or more persons, or the conduct of any business, profession, occupation, or trade, or any use, as selling or advertising, devised and so designed that the vehicle or structure is or may be mounted on wheels and used on highways conveyed or drawn by its own or other motive power.
means a person who holds a certificate issued by the State of California to practice landscape architecture.
means a portion of land shown as a unit on a recorded parcel or subdivision map.
"Corner lot" means a lot abutting on two or more intersecting roads.
means the number obtained by dividing the net area in acres of the subject parcel or lot of land by the minimum average lot size that would be required for a parcel of average slope equal to that of the subject parcel, as determined by the following formula:
For lots or parcels where the average slope is less than 10%, the LUF is equal to the net area of the lot or parcel.
For lots or parcels with average slopes between 10% and 55%, then:
LUF = An [1-0.02143(S-10)] | |
where: | |
(i) | An = net area of the parcel or lot; |
(ii) | S = average slope of the net area of the parcel or lot in percent. |
is a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
Pets.
The storage of possessions.
Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
means the existing ground surfaces currently found on the site but shall not include illegal or unapproved grading, cut or fill.
means the portion of a lot which connects the buildable section of the lot to a public or private vehicular right-of-way.
means all contiguous land held in one ownership as indicated in the records of the County Recorder, which is not shown as a lot or unit on a recorded parcel or subdivision map.
means designated pedestrian, equestrian, and/or bicycle routes as shown on the Pathway Master Plan of the Town.
means any person to whom a site development permit has been issued.
means any person, firm, or corporation, public or private, the State and its agencies or political subdivisions, the United States of America and its agencies and instrumentalities, and any agent, servant, officer, or employee of any of them.
means a facility that converts sunlight into electricity through the utilization of semiconductor cells.
means the cutting to the ground of vegetation, including trees and plants, as well as complete extraction or killing by spraying.
means facilities which provide 24 hour nonmedical care for seven or more persons in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This definition includes group homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California.
"Public road" means a road which has been dedicated or deeded to the public for public use and which road may or may not have been accepted for maintenance.
Distinct from a public school, "private school" means a kindergarten school, elementary school, secondary school (middle and/or high school) that is not funded at public expense and is privately controlled and administered.
"Public school" means a kindergarten school, elementary school, secondary school (middle and/or high school), technical school, community college, state college, state university or charter school that is funded at public expense and is controlled and administered by a public agency.
means a line established by the provisions of this chapter to govern the placement of structures with respect to right-of-way lines or property lines.
means housing consisting of single-room dwelling units that is the primary residence of its occupant or occupants and offered monthly or longer.
means a single lot or parcel of land, or a contiguous combination thereof, where site development work is performed.
means the altering of terrain and/or vegetation by grading or construction of any kind.
means the Planning Director or the Planning Commission.
means the approved plans which bear the stamp of approval of the Planning Director or Planning Commission.
means a facility that converts radiant energy from the sun into useful thermal energy including heated water.
means a building used for housing hoofed animals.
means anything such as buildings, decks, swimming pools, tennis courts, and patios, requiring construction or erection on the ground.
"Nonconforming structure" means a structure, or a portion thereof, which no longer conforms to the site area, coverage, setback or other open space, height, or other regulations prescribing physical development standards for the district in which such structure is located.
means housing that is operated within another residential use classification and with no limit on the length of stay, that is occupied by a target population as defined by Section 50675.14 of the California Health and Safety Code and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
means the cultivating or plowing of soil not to exceed 12 inches in depth from the existing grade.
means a motor vehicle or trailer, specifically designed or altered, and equipped for human habitation, including water and waste-water facilities, which is not designed to be placed on a permanent foundation, but is designed to be driven under its own power or towed by a motor vehicle from location to location.
means buildings configured as rental housing developments within another residential use classification, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.
means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained.
"Nonconforming use" means a building or land occupied by a use which does not conform to the regulations for the district in which such building or land is situated.
mean a discrete surface not more than four feet in width constructed of paving, asphalt, masonry, or flagstone, used for the purpose of connecting one point to another to provide access.
means a constructed barrier or screen composed of wood, metal, masonry, glass, plastic or any other construction material (not including graded berms or living hedges).
means an official designated by the City Manager to enforce the provisions of this chapter.
(§ 1, Ord. 305, eff. October 3, 1986; § 1, Ord. 313, eff. June 5, 1987; § 1, Ord. 314, eff. November 6, 1987; § 1, Ord. 327, eff. December 10, 1989; § 1, Ord. 329, eff. October 20, 1989; § 1, Ord. 334, eff. July 20, 1990; § 1, Ord. 369, eff. April 15, 1994; § 1, Ord. 370, eff. May 20, 1994; § 3, Ord. 381, eff. April 19, 1986; § 1, Ord. 384, eff. October 18, 1996; § 1, Ord. 413, eff. July 21, 2001; § 1, Ord. 425, eff. March 6, 2003; § 2, Ord. 437, eff. December 18, 2004; § 1, Ord. 446, eff. June 11, 2006; § 1, Ord. 449, eff. August 1, 2006; § 1, Ord. 531, eff. November 20, 2011; § 1, Ord. 544, eff. July 20, 2013; § 1, Ord. 553, eff. November 16, 2014; § 2, Ord. 562, eff. June 18, 2016; § 2, Ord. 573, eff. December 14, 2017; § 2, Ord. 577, eff. October 20, 2018; § 2, Ord. 587, eff. January 18, 2020; Ord. 612, eff. 7/20/2024; Ord. 615, eff. 4/19/2025)
§ 10-1.301 Established.
§ 10-1.302 Zoning map.
The districts established by Section 10-1.301 of this article and the boundaries thereof are shown upon that certain map entitled "Zoning Map for the Town of Los Altos Hills, California," which map and all notations and information thereon are adopted by reference and made a part of this chapter as though set forth in this chapter in full. The zoning map, for convenience, may be divided into section maps, and each section map may be separately referred to or amended for the purposes of amending the zoning map. The zoning map and each of its section maps, and the notations, references, and other information shown thereon, shall be as much a part of this chapter as if the matters and information set forth by such maps were all fully described in this chapter.
(§ 1 Ord. 305, eff. October 3, 1986)
§ 10-1.303 Amendments to the zoning map.
(a)
The zoning map of the Town is amended to rezone that portion of the Residential-Agricultural District shown upon that certain map marked "Exhibit A" and attached to Ordinance No. 151 of the Town from Residential-Agricultural District to Open Space Reserve District.
(b)
The zoning map of the Town is amended to rezone that portion of the Residential-Agricultural District shown upon that certain map marked "Exhibit A" and attached to Ordinance No. 157 of the Town from Residential-Agricultural District to Open Space Reserve District.
(c)
The zoning map for the Town is amended to include within the Residential-Agricultural (RA) District that certain real property shown and delineated on the Section Zoning Map marked "Exhibit A" and attached to Ordinance No. 237 of the Town which map is incorporated and made a part of this section by reference.
(d)
The zoning map for the Town is amended to include within the Residential-Agricultural (RA) District that certain real property shown and delineated on the Section Zoning Map marked Exhibit "A" and attached to Ordinance No. 238 of the Town which map is incorporated and made a part of this section by reference.
(e)
The zoning map for the City of the Town of Los Altos Hills, California, is hereby amended to include within the Residential-Agricultural (RA) District that certain real property shown and delineated on the Section Zoning Map marked "Exhibit A" and attached hereto, which map is hereby incorporated and made a part hereof by reference.
(f)
The zoning map for the City of the Town of Los Altos Hills, California, is hereby amended to include within the Residential-Agricultural (RA) District that certain real property shown and delineated on the Section Zoning "Exhibit A" and attached hereto, which map is hereby incorporated and made a part hereof by reference.
(§ 1, Ord. 305, eff. October 3, 1986)
§ 10-1.304 Zoning map-Notations of amendments.
If changes are made in district boundaries or other matters portrayed on the zoning map, such changes shall be made on the zoning map promptly after the amendment has been approved by the Council, together with an entry on the zoning map indicating the ordinance number authorizing such change and the date upon which such change becomes effective.
(§ 1, Ord. 305, eff. October 3, 1986)
§ 10-1.305 Uncertainties in boundaries.
Wherever any uncertainty exists as to the boundary of any district as shown on the zoning map, the following rules shall control:
(a)
Where a boundary line is indicated as following a street, the boundary line shall be construed as following the centerline of such street.
(b)
Where a boundary line is indicated as approximately following a property line, the property line shall be construed to be the boundary.
(c)
Where a boundary line crosses property under one ownership, the boundary line shall be determined by the use of the notation or scale designated on the map.
(d)
Where further uncertainty exists, the Planning Commission, upon a written application or on its own motion, shall determine the location of the boundary in question, giving due consideration to the location indicated on the zoning map and the purposes of this chapter.
(§ 1, Ord. 305, eff. October 3, 1986)
§ 10-1.306 Prezoning adjoining unincorporated lands and zoning annexed lands.
Adjoining lands in unincorporated territory may be prezoned by amending the zoning map to include such land in a zoning district category. In the event any prezoned lands are subsequently annexed to the Town, the zoning indicated on the map shall become effective at the time of annexation. All other lands annexed to the Town shall be in the Open Space Reserve (OSR) District until otherwise classified.
(§ 1, Ord. 305, eff. October 3, 1986)
§ 10-1.307 Unclassified land.
In every case where any land has not been specifically included within a district, or if any district is determined to be invalid or inapplicable, such land is hereby declared to be in the Residential-Agricultural (R-A) District until otherwise classified.
(§ 1, Ord. 305, eff. October 3, 1986)
§ 10-1.308 Building moving.
No building shall be moved onto any site in the Town except by a permit granted by the Council and, if granted, upon conditions and restrictions deemed reasonable and only after the consideration and report of the Planning Commission.
(§ 1, Ord. 305, eff. October 3, 1986)
§ 10-1.309 Conformity required.
Except as otherwise provided in this chapter:
(a)
Land or structures in any district shall hereafter be used only for the purposes listed in this chapter as permitted in that district, and in accordance with the regulations established by this chapter for that district, and in accordance with any conditions and requirements which may have been established in connection with the authorization of any variance or the granting of any conditional use permit.
(b)
No structure shall be erected, reconstructed, relocated, or structurally altered to have a greater bulk or higher proportion of parcel coverage than permissible under the limitations set forth in this chapter for the district in which the structure is located. If already greater than the maximum permitted, it shall not be further increased.
(c)
No open space or off-street parking space existing or provided hereafter about any structure shall be reduced below the minimum requirement set forth in this chapter for such open space or parking space. If already less than such minimum requirements, it shall not be further reduced.
(d)
No parcel or lot held under one ownership as of January 1, 1973 shall be reduced in dimension or area so as to be smaller than required by the provisions of this chapter. If already less in dimension or area, the dimension or area shall not be further reduced.
(§ 1, Ord. 305, eff. October 3, 1986)
§ 10-1.310 Zoning permit-When required.
A zoning permit issued by the Planning Officer shall be required for:
(a)
All buildings or structures hereafter erected, constructed, or moved within or into the Town, or
(b)
All buildings or structures hereafter altered or repaired resulting in an increase in the external dimensions of the building or structure, or
(c)
The use of vacant land or for a change in the use of any land within any zoning district established pursuant to the zoning law of the City of the Town of Los Altos Hills. The application for a zoning permit shall be accompanied by a fee, the amount of which shall be established by a resolution of the City Council.
A zoning permit shall not be issued for any building, structure or use which would violate the provisions of the zoning law of the Town. Neither a building permit not a site development permit shall be issued until a zoning permit has been obtained.
(d)
Trailer coaches intended to be used as temporary residences during construction or substantial remodeling of a primary dwelling.
(§ 1, Ord. 305, eff. October 3, 1986; § 2, Ord. 334, eff. July 20, 1990)
§ 10-1.401 Nonconforming structures.
(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 50% 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.
(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 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 10-1.503, 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 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.
(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.
(§ 1, Ord. 305, eff. October 3, 1986; § 1, Ord. 344, eff. May 17, 1991; § 1, Ord. 345, eff. April 17, 1991; § 1, Ord. 387, eff. August 1, 1997)
§ 10-1.402 Nonconforming uses-Continuation.
A nonconforming use may not be changed, enlarged, or altered, nor shall the building structure, or premises upon which such use is located be enlarged, reconstructed, or structurally altered unless such use is changed to a use permitted by the provisions of this chapter.
(§ 1, Ord. 305, eff. October 3, 1986)
§ 10-1.403 Nonconforming uses-Conversion to conforming uses.
When any building or land which has been used other than in conformity with the regulations applicable to the district of which it is a part, and when the Council, after due notice and hearing thereon, shall have found that the use has become dangerous or injurious to the public health, safety, or welfare, such use shall forthwith be converted to the classification of the area in which it is located. Should any nonconforming use be changed to another use not specifically authorized by the provisions of this chapter, the Council, after due notice and hearing thereon may order the discontinuance of the previously authorized nonconforming use and the conversion of the use to the classification of the area in which such use is located.
(§ 1, Ord. 305, eff. October 3. 1986)
§ 10-1.404 Nonconforming uses-Discontinuance.
A nonconforming use shall be considered as permanently discontinued and may not be resumed if it is discontinued or abandoned for 180 days or more within 12 consecutive calendar months.
All nonconforming use shall be permanently discontinued not later than January 27, 1976.
(§ 1, Ord. 305, eff. October 3, 1986)
§ 10-1.405 Nonconforming uses-Repairs to damages.
The provisions of this chapter shall not prevent the reconstruction, repairing, rebuilding, and continued use of any structure occupied by a legal nonconforming use when damaged by fire, collapse, explosion or Act of God occurring on or after December 4, 1961, wherein the expense of such work does not exceed 50% of the appraised value, for tax purposes, of the structure at the time such damage occurred.
(§ 1, Ord. 305, eff. October 3, 1986; § 2, Ord. 344, eff. May 17, 1991)
§ 10-1.406 Nonconforming uses-Maintenance.
Such repairs and maintenance as are required to keep it in sound condition may be made to a structure occupied by a legal nonconforming use; provided, however, no structural alterations nor change of use shall be made except as required by law or ordinance or authorized by the Planning Commission by a conditional use permit.
The total structural repairs and alterations which may be made to a structure pursuant to the provisions of this section shall not, during its life subsequent to the date of its use becoming nonconforming, exceed 50% of its then appraised value, for tax purposes, unless such use is changed to a conforming status.
(§ 1, Ord. 305, eff. October 3, 1986; § 3, Ord. 344, eff. May 17, 1991)
§ 10-1.501 Minimum parcel size.
(a)
No parcel shall have a net area less than 43,560 square feet; however, the minimum lot area required shall be determined by Section 9-1.604 of the Los Altos Hills Municipal Code. Any parcel created prior to January 1, 1980 which does not meet these minimum lot area requirements may be used by the owner of the parcel, or any successor in interest, as a site for the use permitted in the district, provided all other regulations for the district are complied with, and such parcel has a minimum lot unit factor of 0.5. Parcels which have a lot unit factor of less than 0.5 will be allowed development only upon the issuance of a Conditional Development Permit.
(b)
Each lot shall contain a circle having a diameter of 160 feet inscribed totally within its net area.
(c)
Each lot shall contain an area of at least one net acre within a circle no greater than 350 feet in diameter.
(d)
Each lot shall be configured to avoid discontinuous segments and avoid areas of lot width or depth less than 30 feet, other than where such a configuration already exists and is not made narrower by the creation or alteration of the lot.
(§ 1, Ord. 305, eff. October 3, 1986; § 1, Ord. 382, eff. May 17, 1996; § 1, Ord. 407, eff. July 15, 2000)
§ 10-1.502 Development area.
Except as provided in subsections (c) and (d) of this section, the amount of development area in square feet allowable on a parcel or lot shall not exceed the amounts determined by application of the formula in subsection (a) of this section where An is net area in acres, S is the average slope of the parcel or lot in percent, as defined in Section 10-1.202, LUF is the lot unit factor as defined by Section 10-1.202 and MDA is the maximum development area allowable.
(a)
Maximum Development Area Formula. For all parcels or lots, the allowable development area in square feet shall relate to the average slope of the parcel or lot and the Lot Unit Factor for the parcel or lot as specified in the formula given in subsections (1), (2), and (3) below:
(b)
Development Area. Development area shall be measured in a horizontal plane and shall include the following:
(2)
The total area of land covered by structures not counted in subsection (b)(1) of this section, such as parking areas, patios, decks, walkways, swimming pools and tennis courts, together with other surfaces comprised of artificially emplaced building materials such as paving, roofing, masonry, stone or wood;
(3)
The first 100 feet of driveway, as measured along the center line, closest to the primary dwelling; and
(4)
That portion of a driveway exceeding 12 feet in width which is located beyond the area described in subsection (b)(3) of this section.
Where there is a common driveway in a driveway easement or a panhandle and the driveway, or a portion of the driveway, serves more than one residence, then using the regulations stated in subsections (b)(3) and (b)(4) of this section, the amount of driveway area shall be proportioned to the residences based upon use of the driveway;
(5)
Exemptions. Walkways constructed of unconsolidated building materials such as decomposed granite, tanbark and other wood chips; roof overhangs unsupported from the ground; and synthetic turf material with natural appearance and drainage characteristics similar to natural turf, when used on athletic fields at public recreational facilities and schools, subject to a conditional use permit approval by the City Council;
(6)
Development Area Bonus. A development area bonus (500 square foot maximum) of one square foot for every one square foot of roof-mounted photovoltaic (PV) power generation facility (solar panels) shall be granted subject to the following requirements:
(i)
The development area bonus shall apply only to properties that do not already exceed the maximum development area allowable,
(ii)
The roof-mounted PV facility shall be grid tied or connected,
(iii)
For new residences, the roof-mounted PF facility shall be fully installed and grid connected prior to the final inspection and occupancy of the new residence,
(iv)
For all other structures and projects, the roof-mounted PV facility shall first be installed with a building permit and receive satisfactory final inspection prior to granting of the development area bonus,
(v)
The development area bonus shall only be used for projects that otherwise comply with all other zoning and site development ordinances,
(vi)
The maximum allowable development area bonus shall be reduced by one square foot for every one square foot of ground-mounted PV system over 500 square feet that is exempted from development area requirements by action of the Planning Commission,
(vii)
Any development area bonus request may be referred to the Planning Commission by the Community Development Director. A development area bonus request for a property of less than one net acre in size shall be subject to Planning Commission review and decision,
(viii)
Sunset Provision. This section shall expire on July 31, 2016,
(ix)
The Community Development Director shall provide the City Council with an annual report that evaluates the effectiveness of this subsection as an incentive for increasing PV system installations;
(7)
Photovoltaic Power Generation Facilities. Photovoltaic power generation facilities that are connected to the grid and that are 500 square feet or less are exempt from the requirements of this section. Photovoltaic power generation facilities greater than 500 square feet in area are subject to the requirements of this section, unless the Planning Commission determines that the off-site visual impacts of the facility are adequately mitigated.
(c)
Minimum MDA. The allowable development area on any parcel or lot shall not be reduced to less than 7,500 square feet by application of the provisions of this section, except as set forth in Section 10-1.502(e) or except in the case of parcels or lots which have a lot unit factor of 0.50 or less. Parcels or lots which have a lot unit factor of 0.50 or less require a Conditional Development Permit and development area may be restricted below 7,500 square feet as a condition of the permit. Maximum development area for lots which require a Conditional Development Permit shall be established as the maximum floor area allowed by Section 10-1.503(c), plus 2,100 square feet. The Site Development Authority may approve development area of up to a total of 4,500 square feet for any lot or parcel without requiring a variance, so long as the findings for a Conditional Development Permit are made. Notwithstanding the foregoing, this subsection (c) shall not apply to any parcel that has a LUF less than 1.0 and was created after the enabling date of the ordinance implementing this sentence.
(d)
For any lot on which substantial areas of slope in excess of 30% constrain the allowable development area for the site, the lot unit factor and maximum development area may be calculated based solely on the flatter portion of the property, provided that: (1) the area used in the calculation results in a lot unit factor (LUF) in excess of 1.0 and provides a minimum of a 160 foot diameter building circle within that area; (2) the remaining steep slopes excluded from the calculation are contiguous and placed in a conservation easement, prohibiting any construction, grading or development in perpetuity; and (3) driveway access to the building site is located outside of the conservation easement area.
(e)
The standards set forth in this section for maximum development area (MDA) are maximum standards. The City Council and Planning Commission have the discretion to apply stricter standards to reduce development area where site specific constraints dictate further limitations, such that the purposes of the ordinances are complied with. Some examples of site constraints include, but are not limited to, the shape or natural features of the lot, easements which restrict development, the potential for erosion, or high site visibility.
(§ 1, Ord. 305, eff. October 3, 1986, § 2, Ord. 313, eff. June 5, 1987; § 2, Ord. 382, eff. May 17, 1996; § 1, Ord. 389, eff. August 15, 1997; § 1, Ord. 412, eff. July 7, 2001; § 1, Ord. 431, eff. November 16, 2003; § 3, Ord. 446, eff. June 11, 2006; § 1, Ord. 500, eff. August 13, 2006; § 1, Ord. 522, eff. December 18, 2010; § 1, Ord. 547, eff. October 19, 2013; § 1, Ord. 552, eff. November 16, 2014; § 1, Ord. 610, eff. October 28, 2023)
§ 10-1.503 Floor area.
Except as provided in subsections c and d below, the amount of floor area in square feet allowed on a parcel or lot shall not exceed the amount determined by application of the formula in subsection (a) of this section, where S is the average slope of the parcel or lot in percent, as defined in Section 10-1.202, LUF is the lot unit factor as defined in Section 10-1.202, and MFA is the maximum floor area allowable.
(a)
For all parcels or lots, the allowable floor area in square feet shall relate to the average slope of the parcel or lot and the lot unit factor for the parcel or lot as specified in the formula given in subsections (a)(1), (a)(2) and (a)(3) of this section:
(c)
Minimum MFA. The allowable floor area on any parcel or lot shall not be reduced to less than 5,000 square feet by application of the provisions of this section, except as set forth in subsection (e) of this section or except in the case of parcels or lots which have a lot unit factor of 0.50 or less. Parcels or lots which have a lot unit factor of 0.50 or less require a Conditional Development Permit and floor area may be restricted below 5,000 square feet as a condition of the permit. Maximum floor area for lots which require a Conditional Development Permit shall be established as the ratio of the lot unit factor (LUF) for the lot divided by 0.50 times 5,000 square feet. The Site Development Authority may approve floor area of up to 2,500 square feet for any lot without requiring a variance, so long as the findings for a Conditional Development Permit are made. Notwithstanding the foregoing, this subsection (c) shall not apply to any parcel that has a LUF less than 1.0 and was created after the enabling date of the ordinance implementing this sentence.
(d)
For any lot on which substantial areas of slope in excess of 30% constrain the allowable floor area for the site, the lot unit factor and maximum floor area may be calculated based solely on the flatter portion of the property, provided that: (1) the area used in the calculation results in a lot unit factor (LUF) in excess of 1.0 and provides a minimum of a 160 foot diameter building circle within that area; (2) the remaining steep slopes excluded from the calculation are contiguous and placed in a conservation easement, prohibiting any construction, grading or development in perpetuity; and (3) driveway access to the building site is located outside of the conservation easement area.
(e)
The standards set forth in this section for maximum floor area (MFA) are maximum standards. The City Council and Planning Commission have the discretion to apply stricter standards to reduce floor area where site specific constraints dictate further limitations, such that the purposes of the ordinances are complied with. Some examples of site constraints include, but are not limited to, the shape or natural features of the lot, easements which restrict development, or high site visibility.
(§ 1, Ord. 305, eff. October 3, 1986; § 3, Ord. 382, eff. May 17, 1996; § 2, Ord. 389, eff. August 15, 1997; § 2, Ord. 412, eff. July 7, 2001; § 1, Ord. 522, eff. December 18, 2010; § 1, Ord. 610, eff. October 28, 2023)
§ 10-1.504 Height.
(a)
Structures. No structure or part of a structure shall be constructed or altered to exceed 27 feet in structure height in any permitted location, except that primary dwellings shall be permitted a maximum structure height of up to 32 feet subject to all of the following requirements:
(1)
For each one foot increase in structure height above 27 feet the minimum required side and rear yard setback lines, as defined by Section 10-1.505, shall each be increased, in distance from the property line, an additional three feet. No portion of the primary dwelling structure shall be located between the property line and the setback line.
(2)
For each one foot increase in structure height above 27 feet the minimum required front yard setback line, as defined by Section 10-1.505, shall be increased, in distance from the property line, an additional four feet. No portion of any structure shall be located between the property line and the setback line.
(3)
Eligible structures shall have sloped roof surfaces only with a minimum roof pitch of 4:12 that terminate at a ridge.
(4)
The maximum continuous wall height shall not exceed 27 feet.
(5)
Dormer rooflines shall not exceed a maximum height of 27 feet.
(6)
The current maximum overall building height of 35 feet, as described in subsection (b) of this section, shall not be exceeded.
(b)
Special Height Limitation. No structure shall exceed a height of 35 feet, measured as the distance between the lowest natural grade topographical elevation of the structure along the building line and the highest topographical elevation of the roof of the structure. No point of the building may exceed 35 feet above the lowest pad elevation of the building.
(c)
Exceptions. The following structures or elements of structures are exempt from the height limits to the extent indicated:
(1)
Chimneys and appurtenances can extend above the 27 foot height limit. However, the maximum height including chimneys and appurtenances shall not exceed 35 feet and all points of the building must lie within a 35 foot horizontal band based from the lowest visible natural or finished grade.
(d)
Ornamental Garden Structures. Ornamental garden structures without roofs and which do not exceed six feet in height may be located between property lines and setback lines provided they do not exceed three feet in height when located in an area bounded by the center line of intersecting roads or easements for vehicular access, public or private, and a straight line joining points on such center lines 80 feet distant from their intersection.
(e)
Antennas and Dish Antennas. No antenna, whether freestanding or attached to a building, shall be erected or installed until any permit required by Section 10-2.301 shall first have been obtained and the allowable height thereby determined. The height to which any antenna may be extended, whether freestanding or attached to a building, shall mean the vertical distance at any point from the natural ground level of the property on which the antenna is erected or installed and which existed prior to grading for any structure, or from any building pad on the property if excavated below natural ground level, whichever elevation is lower, to the highest part of the antenna directly above.
(f)
The standards set forth in this section for height are maximum standards. The City Council and Planning Commission have the discretion to apply stricter standards to reduce height where site specific constraints dictate further limitations, such that the purposes of the ordinances are complied with. Some examples of site constraints include, but are not limited to, the shape or natural features of the lot, easements which restrict development, or high site visibility.
(§ 1, Ord. 305, eff. October 3, 1986; § 1, Ord. 326, eff. September 16, 1988; § 4, Ord. 370, eff. May 20, 1994; § 3, Ord. 389, eff. August 15, 1997; § 1, Ord. 421, eff. August 17, 2002; §§ 2, 3 and 4, Ord. 434, eff. May 15, 2004; § 1, Ord. 522, eff. December 18, 2010)
§ 10-1.505 Setback lines.
The location of structures with respect to property lines, street rights-of-way, and easement lines shall be regulated as follows:
(a)
No structure, nor portion thereof, other than driveways, including necessary backup areas; walkways; minor ornamental garden structures subject to the height limits specified in Section 10-1.504(f); fences; driveway light fixtures, limited to one fixture on each side of a driveway, for a maximum of two fixtures per lot, subject to the height limits specified in Section 10-1.504(h); or underground utility facilities, shall be constructed, altered, or maintained so as to be located between the property line and any setback line, except as otherwise permitted by the provisions of this chapter.
(b)
Exceptions to the setback line requirements are as follows:
(1)
For additions and remodels to existing legally constructed structures with eaves that currently extend beyond the required setbacks, the addition or remodel shall be allowed to be constructed so as to match the existing eave extension.
(2)
For additions, remodels and new construction on properties where the options for siting of structures are substantially constrained by existing natural features of the lot (e.g., steep slopes, significant natural water courses, unusual lot configurations or size, mature oak trees, earthquake fault zones, or native vegetation) or by dedicated conservation, open space, or access easements, eaves may extend into any front, side, or rear yard not more than four feet. This exception may be granted in writing by the Town Planner; provided that, the Town Planner, in his or her discretion, may have the Planning Commission make this determination. If the applicant disagrees with the Town Planner's decision, the applicant may request that the Planning Commission make this determination and the Planning Commission shall do so. Nothing in this section nor any decision made under this section shall preclude a property owner from applying for a variance under Article 10.
(c)
The setback line for any structure shall be:
(1)
Where a parcel abuts on a single street or other access way, 40 feet from the nearest such public or private street right-of-way, easement for vehicular access, or where an official plan line has been established, from such official plan line.
(2)
Where a lot abuts on more than one such street, easement, or official plan line, the Planning Commission or the Site Development Authority, whichever entity first acts upon an application relating to the development of a particular property, shall designate the street, easement or official plan line from which the 40 foot setback shall be measured, which will in the judgment of the Site Development Authority, have the least negative environmental, visual or aesthetic impact on neighboring properties and the public at large.
(3)
Thirty feet from property lines, nearest lines of public or private streets, rights-of-way easements for vehicular access, or official plan lines in all other instances.
(d)
For the purposes of subsection (c) of this section, the term "easement for vehicular access" shall refer to easements across one lot or parcel which provide access to one or more other lots or parcels. Easements for utilities which include vehicular access solely for the maintenance of utilities within such easements shall be excluded from the term "easement for vehicular access."
(e)
The standards set forth in this section for setbacks are minimum standards. The City Council and Planning Commission have the discretion to apply stricter standards to increase setbacks where site specific constraints dictate further limitations, such that the purposes of the ordinances are complied with. Some examples of site characteristics include, but are not limited to, high site visibility where a greater setback is deemed necessary to reduce the appearance of bulkiness of the structure; and/or proximity to other lots or structures where a greater setback is deemed necessary to promote a variety in setbacks to avoid the appearance of uniform house designs or layouts.
(§ 1, Ord. 305, eff. October 3, 1986; § 2, Ord. 326, eff. September 16, 1988; § 1, Ord. 361, eff. January 15, 1994; § 1, Ord. 388, eff. August 1, 1997; § 4, Ord. 389, eff. August 15, 1997; § 1, Ord. 391, eff. December 5, 1997; § 1, Ord. 522, eff. December 18, 2010)
§ 10-1.506 Existing antenna or dish antenna.
The regulations concerning antennas or dish antennas set forth in this chapter shall not apply to any antenna or dish antenna in existence on the effective date of said regulations if the owner of the property on which the antenna or dish antenna is located shall file a declaration with the Town on a form prescribed by the Planning Department.
No fee shall be required, charged or collected by the Town for filing of any declaration.
In the event that the antenna or dish antenna must be replaced or repaired, no permit will be needed if it substantially conforms to the antenna or dish antenna replaced or repaired, particularly as to height and location.
(§ 1, Ord. 305, eff. October 3, 1986)
§ 10-1.507 Fences, walls, gates and columns.
(a)
Purpose. The following regulations were created to preserve the beauty and open rural quality of the Town while acknowledging that residents have the right to fence their properties in order to protect their children, contain their animals, and maintain privacy.
(b)
Permits Required. No fence, wall, gate, or column structure shall be erected or replaced without the prior issuance of a Zoning or Site Development Permit from the Town.
(c) Column Fence Gate Legal nonconforming structure Open fence or gate Points, spikes, and/or sharpened edges Solid fence or gate Wall
Definitions. The following definitions are established for the purpose of this article and the meaning and construction of words and phrases is as follows:
means a round or square pillar, pole, or post flanking an entranceway constructed of such materials as brick, stone, concrete, or other materials. Includes mailbox columns.
means a structure serving as a barrier or screen constructed of wood, metal, wire, masonry, glass, plastic or any other material (not including graded berms or living hedges).
means a movable frame or solid structure that swings, slides, or rolls controlling ingress and egress through an opening in a fence, wall, or vegetation.
(Refer to Section 10-1.401(h) of the Zoning Ordinance.)
means a fence or gate constructed in such a way so that no more than 50% of the surface area obstructs a ground level view through the fence or gate.
mean any end of a vertical bar that is capable of causing, or is likely to cause injury to people, pets, and/or wildlife.
means a fence or gate constructed in such a way so that more than 50% of the surface area obstructs a ground level view through the fence or gate.
means an upright structure of wood, stone, brick, or other substance or combination of substances serving to enclose, divide, support and usually having greater mass than a fence.
(d)
Prohibited Fences, Walls, Gates, and Column Types. The following fences are prohibited:
(1)
Chain-link or cyclone fences, including any fence with bare lengths of wire stretched between metal poles, with the exception of dark green, black, or brown vinyl-coated chain-linked fences with matching vinyl-coated cross bars and caps.
(2)
Barbed or razor wire fences, including any fence with attached barbs, sharp points, or razors. Electric fences, including any fence designed to produce an electric shock, except where necessary for animal husbandry operations.
(3)
Any fence, wall, and/or gate that may cause harm to people, pets, and/or wildlife due to points, spikes, or sharpened edges on the top or bottom part of the fence, wall structure and/or gate.
(4)
Any perimeter fence, wall, gate, or column where the color reflectivity value exceeds 50%.
(5)
Any fence, wall, gate, or column located within a public or private road right-of-way or pathway easement, except for a mailbox column with an approved permit.
(e)
Fences, Walls, Gates and Columns Requiring Public Notice. Permit requests for the types of fences, walls, gates and columns identified below require notification of adjacent neighbors and neighbors across the street:
(1)
Fences, walls, gates and columns that require the removal of existing screening vegetation (trees and shrubs).
(3)
Any other proposal deemed appropriate by the Planning Director for a noticed hearing. Such proposals may include solid fences, as well as walls or vinyl-coated chain-link fences along any road right-of-way, and fences or walls longer than 1,000 linear feet.
Open fences using natural materials and colors, including unpainted and stained white, brown or gray wood; welded or woven wire and wood posts; and natural stone and/or brick construction are preferred and generally not subject to public notice. |
Staff shall notice a permit hearing and conduct the permit review hearing pursuant to Section 10-2.1305(b) except that only adjacent neighbors and neighbors across the street need to be notified. At or prior to the permit hearing, neighbors and the fence permit applicant shall be provided with notice that the approval or denial of any permit may be appealed pursuant to Section 10-1.1009. |
(f)
Development Standards for Fences, Walls, Gates and Columns.
(1)
Fences and walls located on property lines or in setback areas that are not adjacent to a road right-of-way shall not exceed a maximum height of six feet.
(3)
Fences, walls, gates and columns located behind setback lines are not subject to these development standards.
(4)
Open Fences and Gates.
(i)
Minimum setback from centerline of adjacent public or private road right-of-way: 30 feet.
(ii)
Maximum height of open fences and gates at the minimum setback from the centerline of adjacent public or private road right-of-way: four and one-half (4.5) feet.
(iii)
Minimum setback from centerline of adjacent public or private road right-of-way for six feet tall open fences and gates located between adjacent public or private roadways and the structural setback line for the particular property: 45 feet.
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(5)
Solid Fences, Gates and Walls.
(i)
Minimum setback from centerline of adjacent public or private road right-of-way: 30 feet.
(ii)
Maximum height of solid fences, gates, and walls at the minimum setback from the centerline of adjacent public or private road right-of-way: three feet.
(iii)
Minimum setback from centerline of adjacent public or private road right-of-way for six foot tall solid fences, gates, and walls located between adjacent public or private roadways and the structural setback line for the particular property: 60 feet.
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(6)
Open Driveway Gates.
(i)
Minimum setback from centerline of adjacent public or private road right-of-way: 30 feet.
(ii)
Maximum height of open driveway gates at the minimum setback from the centerline of adjacent public or private road right-of-way: four and one-half (4.5) feet (average).
(iii)
Minimum setback from centerline of adjacent public or private road right-of-way for open driveway gates with a six feet average height (seven feet maximum height) located between adjacent public or private roadways and the structural setback line for the particular property: 45 feet.
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(7)
Columns.
(i)
Minimum setback from centerline of adjacent public or private road right-of-way: 30 feet.
(ii)
Maximum height of columns at the minimum setback from the centerline of adjacent public or private road right-of-way: six feet; seven feet (with lights).
(iii)
Maximum height of columns located between adjacent public or private road right-of-way and the structural setback line for the particular property: six feet; seven feet (with lights).
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(8)
Outdoor Athletic Court Fencing. Maximum height of outdoor athletic court fencing located beyond the structural setback line for the particular property: 10 feet.
(9)
Open Space/Conservation Easement Perimeter Fences.
(i)
Maximum height of open space/conservation easement perimeter fences: six feet.
(ii)
Minimum distance of lowest fence strand or rail from ground: 12 inches above grade.
(iii)
Open space/conservation easement perimeter fences shall provide openings sufficient to accommodate the free passage of wildlife through the easement. A split-rail wood fence (see exhibit) or equivalent design shall be required. Where a pathway is located within an open space/conservation easement, the perimeter fence shall be required to have at least two openings at least as wide as the width of the pathway easement.
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(10)
Any fence crossing or intersecting an officially designated wildlife corridor shall conform to the requirements specified above for an open space/conservation easement perimeter fence.
(11)
No fence, wall, gate, or column shall be located within a public or private road right-of-way or pathway easement. A four foot tall mailbox post or column may be granted an exception to be located within a road right-of-way. An encroachment permit from the Engineering Department is required to install a mailbox post or column within a road right-of-way easement. Any existing fence, wall, gate, or column located within any road right-of-way may be required to be removed at the owner's expense.
(12)
Solid walls, fences, or gates shall not exceed a maximum height of three feet and all shrubs and plants shall be pruned to a height not to exceed three feet above the road level at its nearest point in an area bounded by the center line of intersecting roads or easements for vehicular access, public or private and a straight line joining points on such center lines 80 feet distant from their intersection (see figure). All side limbs of trees in such area shall be pruned to a height of not less than six feet above the road surface. The purpose of the provisions of this section is to provide an unobstructed view of approaching traffic on the intersecting roads. The City Engineer may prescribe greater restrictions than the height set forth in this subsection where unusual conditions make such additional restrictions desirable in the interests of the public safety.
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(13)
Any fence or wall may be required to be landscaped. Screen plantings required as a condition of approval for any fence or wall shall be maintained in good condition by the property owner.
(14)
The vertical dimension of any fence, wall, gate, or column shall be measured from the finished grade on both sides of any such fence, wall, gate, or column to any point on top of the fence, wall, gate, or column, including post/column caps and any ornamental features.
(g)
Requirements for Nonconforming Fences, Walls, Gates and Columns. Replacement of existing legal nonconforming fences, walls, gates, and columns shall be subject to the requirements in this section. Exceptions may be granted pursuant to subsection (h) of this section, or where the strict application of these requirements will result in a hardship for the property owner. Repair of short sections of legal nonconforming fences, walls, gates, or columns (repair of less than 50 feet or repair of no greater than 25% of total fence or wall length) will not require a permit if no other work is done on the same structure over a 12 month period. The replacement of any nonconforming structure shall be prohibited if the City Engineer determines that a public safety hazard exists or that the structure encroaches in an easement or public right-of-way. Any fence, wall, gate, or column constructed without a lawfully issued permit is a violation of the Municipal Code and shall be subject to the provisions of Title 1, Chapter 2 of the Municipal Code.
(h)
Exceptions. Exceptions may be granted subject to a noticed hearing and upon the Site Development Authority making all of the following findings:
(1)
The height and design of the proposed fence, wall, gate or column are compatible with other fences in the neighborhood;
(2)
The proposed removal of vegetation and trees and disturbance to natural terrain have been minimized; and
(3)
The proposed structure is otherwise in compliance with all regulations and policies set forth in the Municipal Code and the General Plan.
Any fence proposed to exceed a height of six feet in a setback area or to be located closer to the centerline of the road than required shall require a variance in accordance with the provisions of Article 10 of the Zoning Ordinance. |
(§ 1, Ord. 434, eff. May 15, 2004; § 1, Ord. 442, eff. March 9, 2006; § 1, Ord. 517, eff. March 16, 2010)
§ 10-1.508 Estate homes.
(a)
Purpose. Single-family residential development on a grand scale typically includes a primary dwelling of substantial size as well as accessory structures such as a swimming pool, tennis court, secondary dwelling, pool cabana, barn, and stables. The following regulations have been established to address the potential impacts of estate homes and to ensure that they are developed in a manner that is compatible with the open, rural character of the Town.
(b) Estate home
Definitions. The following definition is established for the purpose of this article:
means a building with floor area totaling 10,000 square feet of floor area or greater, not including areas that meet the definition of "basement" set forth in Section 10-1.202. For the purposes of this article, buildings connected by a breezeway, covered walkway, or other means with a height of six feet above grade or greater shall be deemed one building.
(c)
Setbacks.
(1)
Additional Setbacks. Additional setbacks shall apply to estate homes as follows:
Front setback: 44 feet plus four feet per 2,000 square feet over 10,000 square feet up to a maximum of 60 feet.
Side and rear setbacks: 33 feet plus three feet per 2,000 square feet over 10,000 square feet up to a maximum of 45 feet.
Size of Building | Setback Requirements for Estate Homes | |
|---|---|---|
Front | Sides and Rear | |
10,000—11,999 s.f. | 44 | 33 |
12,000—13,999 s.f. | 48 | 36 |
14,000—15,999 s.f. | 52 | 39 |
16,000—17,999 s.f. | 56 | 42 |
18,000+ s.f. | 60 | 45 |
(2)
Exceptions. Exceptions to the additional setbacks required in subsection (d)(1) may be granted by the Planning Commission where the options for siting of buildings are substantially constrained by existing natural features of the lot (e.g., steep slopes over 30%, significant natural watercourses, unusual lot configurations or size, mature oak trees, earthquake fault zones, or native vegetation) or by dedicated conservation, open space or access easements. Nothing in this section or any decision made under this section shall preclude a property owner from applying for a variance under Article 10 of this title.
(e)
Approval Process. Site development applications for estate homes are not eligible for the fast-track process under Section 10-2.1305.1.
(f)
Conditions. Every Site Development Permit granted for an estate home may be subject to conditions that are deemed necessary to protect the public health, safety and general welfare and to secure the objectives set forth in this chapter. The City Council and Planning Commission have the discretion to apply stricter standards to increase setbacks, reduce height, reduce floor area, and reduce development area where site specific constraints dictate further limitations, such that the purposes of the ordinances are complied with. Some examples of site constraints include, but are not limited to, the shape or natural features of the lot and easements which restrict development.
(g)
Additions. Any proposed addition to an existing building which brings the total floor area of the building in excess of 10,000 square feet, shall be subject to the procedures and requirements of this chapter.
(h)
Landscape Screening. Any development project subject to this section is required to provide an application for landscape screening. The landscape screening plan shall be reviewed and approved by the Planning Commission.
(§ 1, Ord. 511, eff. February 24, 2008)
§ 10-1.601 Residential uses.
Each primary dwelling shall provide surfaced off-street parking facilities for a minimum of four cars, including a minimum of two covered parking spaces for each new primary dwelling, subject to the following requirements:
(a)
Each parking space shall be at least 10 feet wide and at least 20 feet long.
(b)
Unobstructed vehicular access shall be available at all times for all required parking spaces.
(c)
All parking spaces shall comply with setback standards per Article 5 of this chapter.
(d)
Notwithstanding the foregoing, parking requirements for accessory dwelling units shall be subject to the requirements of Article 14 of this chapter.
(§ 1, Ord. 305, eff. October 3, 1986; § 2, Ord. 329, eff. October 20, 1989; § 1, Ord. 419, eff. March 9, 2002; § 1, Ord. 546, eff. October 19, 2013; § 2, Ord. 590, eff. August 21, 2020; § 2, Ord. 592, eff. April 17, 2021)
§ 10-1.602 Conditional uses.
Parking areas for conditional uses shall be adequate to accommodate all vehicle storage requirements for maximum foreseeable assemblies without resorting to adjoining roads or interior driveways for parking. In no case shall the combined ground coverage of structures, roadways, parking areas, or other impervious facilities exceed 40% of the net area of the lot.
(§ 1, Ord. 305, eff. October 3, 1986)
§ 10-1.701 Primary uses permitted (R-A).
The following primary uses shall be permitted in the Residential-Agricultural District and subject to the Town of Los Altos Hills' Objective Design Standards User Guide and pursuant to the provisions of this chapter:
(a)
Primary dwellings.
(c)
Emergency shelters, which shall operate under the following standards:
(1)
An emergency shelter shall be located on property designated Institutional on the Town of Los Altos Hills Land Use Diagram;
(2)
No individual may be denied emergency shelter because of the inability to pay.
(3)
Required parking shall be based on the number of staff to provide one space per individual but shall not exceed the parking requirements applicable to other residential or institutional uses in the same zone as set forth under Article 6 of this chapter. Parking spaces shall comply with the standards set forth under Section 10-1.601(a)-(c).
(4)
The capacity of the shelter shall be limited to that required to meet community needs, as established by the most recent Town-wide homeless enumeration count;
(5)
The maximum number of beds shall be five and length of stay shall not exceed six months per individual;
(6)
Each emergency shelter shall be 300 feet apart from another emergency shelter;
(7)
The shelter shall be operated by a responsible, licensed social service provider with experience in managing or providing social services. The provider shall maintain one qualified on-site supervisor at all times;
(8)
Exterior building light fixtures shall be shielded and downward facing, and limited to one exterior light fixture per exterior doorway; and
(9)
A management plan shall be submitted to the Town prior to shelter operation. The plan shall include the following content: the provision of site security during operational hours, case management procedures, length of stay, in-take requirements, facility operation standards, parking, hours of operation, services provided, and a monitoring and oversight program.
(d)
Employee and Farmworker Housing. These uses shall be permitted as set forth in Sections 17021, 17021.6, and 17021.8 of the California Health and Safety Code.
(e)
Residential care facilities shall be permitted subject to meeting applicable licensing requirements by the State of California.
(f)
Transitional and Supportive Housing. Transitional and supportive housing uses shall be subject only to those requirements and restrictions that apply to the primary use classification of the R-A district under which they operate.
§ 10-1.702 Accessory uses and structures permitted (R-A).
(a)
Home Occupations. Home occupations shall be permitted where the use is entirely subordinate to the primary use of the premises for the home of a family. There shall be no retail sales on the premises, no advertising of any kind visible from off the premises, no evidence from off the premises of the business, no parking more than normally required for a residence, and not over one assistant outside the family unit shall be employed. The raising on the premises of agricultural products and the sales thereof shall be expressly excepted from the provisions of this chapter but shall be subject to reasonable regulations by the Town.
(b)
Walls, Fences, Trees and Shrubs. Walls, fences, trees and shrubs shall be permitted within the confines of a lot or contiguous lots subject to the height limitations set forth in Section 10-1.504 of Article 5 of this chapter.
(c)
House Number Signs. A sign not more than one and one-half (1.5) square feet in area bearing the house number and the name of the occupant, or a name designated, other than one of a commercial purpose, shall be permitted.
(d)
Accessory Buildings. Accessory buildings may be constructed only in accordance with the setback requirements of this chapter. An accessory building may be erected prior to the construction of the main building only if it is agreed that the main building shall be completed within three years from the date of the issuance of the permit for the accessory building. A temporary accessory building shall be removed within 30 days after the completion of the main building or within 18 months after the issuance of a permit for the accessory building, whichever is the earlier date.
(e)
Private Stables. A maximum of two hoofed animals per acre shall be permitted provided one additional hoofed animal may be kept on each additional one-half acre, or fraction thereof, and provided, further, the conditions are satisfactory to the County Department of Health or such other agency as may be in charge of health standards for the Town.
(f)
Swimming Pools, Tennis Courts, Greenhouses and Workshops. Swimming pools, tennis courts, greenhouses, workshops, and other accessory uses found by the Planning Commission to comply with the definition of accessory use, shall be permitted.
(g)
Small Family Day Care Homes. Small family day care homes which provide care, protection and supervision of six or fewer children (including children under the age of 10 years who reside at the home) in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, pursuant to State regulations, shall be permitted. No business license fee or tax shall be imposed on a small family day care home.
(h)
Household Pets and Domestic Animals. Household pets and domestic animals as permitted by Town regulations may be kept.
(i)
Ornamental Garden Structures. Ornamental garden structures, such as benches, statuary, raised planters and fountains, shall be permitted.
(j)
Antennas and Dish Antennas. Antennas and dish antennas are permitted subject to the requirements set forth in Article 5 of Chapter 1 and Article 3 of Chapter 2 of Title 10.
(k)
Accessory Dwelling Units. Accessory dwelling units shall be permitted on any lot with a primary single-family dwelling unit as set forth in Article 14 of this chapter, and be subject exclusively to the requirements of Article 14 notwithstanding any other provisions of this chapter.
(l)
Temporary Trailer Coaches. Trailer coaches during construction or substantial remodeling of a primary dwelling are permitted, subject to receipt of a zoning permit, pursuant to Section 10-1.310, after a public hearing held by the Zoning Administrator pursuant to Section 10-1.1005. One trailer coach specifically designed and equipped for human habitation may be placed on a lot, in accordance with the setback requirements of this Code and occupied only by the owner of the lot and members of the owner's family, as a temporary residence during construction or substantial remodeling of the primary dwelling on the lot. This permit shall be granted for no more than six months, but shall be renewable upon the determination of the Zoning Administrator that the use has not resulted in detriment or nuisance to the adjacent properties or the neighborhood. However, in all cases, the trailer coach shall be removed prior to building permit final.
(m)
Photovoltaic power generation facilities.
(n)
Solar thermal energy facilities.
(o)
One short-term rental unit operated pursuant to the requirements of Article 12 of this chapter.
(p)
Low-Barrier Navigation Center.
(1)
A low-barrier navigation center shall be located on property designated Institutional and or Public on the Town of Los Altos Hills Land Use Diagram.
(2)
Planning Department approval is required prior to establishing a low-barrier navigation center project. Such approval shall be ministerial without discretionary review or a hearing. Upon receipt of an application, the Planning Department shall notify the applicant whether the application is complete within 30 days pursuant to California Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed.
(3)
A low-barrier navigation center shall meet the following requirements:
(i)
It offers services to connect people to permanent housing through a services plan that identifies services staffing.
(ii)
It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
(iii)
It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
(iv)
It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
(q)
Single Room Occupancy (SRO) Uses.
(1)
SRO uses shall be permitted on property designated Institutional and/or Public on the Town of Los Altos Hills Land Use Diagram.
(2)
The minimum size of a unit shall be 150 square feet and the maximum size shall be 400 square feet, which may include bathroom and/or kitchen facilities.
(3)
The unit must contain either food preparation or sanitary facilities (and may contain both) if the SRO use consists of new construction, conversion of nonresidential space, or reconstruction. For acquisition or rehabilitation of an existing residential structure or hotel, neither food preparation nor sanitary facilities are required to be in the unit. If the SRO units do not contain sanitary facilities, the building where units are aggregated must contain sanitary facilities that are shared by tenants. If individual kitchen facilities are not provided in the unit, common kitchen facilities shall be provided with at least one kitchen per floor.
(4)
Each unit shall have a separate closet.
(5)
Two hundred square feet of common space shall be provided per floor.
(6)
Laundry facilities shall be provided in a separate room at the ratio of one washer and dryer for every 10 units, with at least one washer and dryer per floor.
(7)
A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO building.
(8)
An SRO building with 10 or more units shall have an on-site manager.
(§ 1, Ord. 305, eff. October 3, 1986; § 1, Ord. 319, eff. April 1, (R) 1987; § 3, Ord. 329, eff. October 20, 1989; § 3, Ord. 334, eff. July 20, 1990; § 1, Ord. 358, eff. December 4, 1993; § 1, Ord. 403, eff. December 4, 1999; § 1, Ord. 430, eff. October 4, 2003; § 2, Ord. 446, eff. June 11, 2006; § 1, Ord. 545, eff. July 20, 2013; § 1, Ord. 556, eff. February 15, 2015; § 1, Ord. 575, eff. May 19, 2018; § 2, Ord. 590, eff. August 21, 2020; Ord. 612, eff. 7/20/2024; Ord. 615, eff. 4/19/2025)
§ 10-1.703 Conditional uses and structures (R-A).
The following uses may be established in the Residential-Agricultural District subject to the approval of the Planning Commission, and the issuance of a permit thereof pursuant to the provisions of this chapter:
(a)
Public libraries;
(b)
Churches, other places of worship, and convents, but not including funeral chapels or mortuary chapels. The number of residents of a convent shall not exceed three and one-half (3.5) times the estimated maximum number of lots permitted by the provisions of this chapter on such property as is devoted exclusively to convent use;
(c)
House trailers or other vehicles may not be used as primary or secondary dwellings. A temporary permit for the use of a house trailer as a dwelling for not more than 30 days in any calendar year may be issued by the City Clerk upon certification that the use pursuant thereto shall be by a bona fide nonpaying guest, but in all events applicable setback requirements shall be strictly enforced;
(d)
Recreational facilities, including recreational or community center buildings and grounds for games and sports, except those customarily earned on primarily for profit;
(e)
Large Family Day Care Homes. Large family day care homes which provide care, protection and supervision of seven to 12 children, inclusive, (including children under the age of 10 years who reside at the home) in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, pursuant to State regulations, shall be granted a conditional use permit under the following circumstances and procedure:
(1)
Only one large family day care home may be located on a parcel;
(2)
The Zoning Administrator shall review and decide the application for a use permit;
(3)
Not less than 10 days prior to the date on which the decision will be made on the application, the Zoning Administrator shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a 100 foot radius of the exterior boundaries of the proposed large family day care home. No hearing on the application shall be held before a decision is made, unless a hearing is requested by the applicant or other affected person;
(4)
The use permit shall be granted on reasonable conditions regarding traffic, parking and noise control and on the condition that the home comply with the regulations adopted by the State Fire Marshal relating to large family day care homes;
(5)
The applicant or other affected person may appeal the decision of the Zoning Administrator in accordance with this chapter.
(f)
Public schools where designated on the General Plan Land Use Diagram;
(g)
Private schools where designated on the General Plan Land Use Diagram;
(h)
Public utility and service uses:
(1)
No conditional use permit or building permit shall be required for any public utility distribution or transmission line; provided, however, the proposed routes of all electrical distribution lines carrying current in excess of 15 kilovolts and the location of public utility structures requiring rights-of-way of 30 feet or more in width shall be submitted to the Planning Commission for approval prior to the acquisition of rights-of-way therefor, and any construction thereon shall not be commenced until such approval shall have been received; and
(2)
Service uses are those uses which are determined by the Council to be beneficial to the provision of emergency or public safety services (including, but not limited to, communications facilities, storage of vehicular and other equipment, materials and supplies for emergency use in protective work, the restoration of public facilities, and/or debris and wreckage clearance).
(i)
Fire stations;
(j)
Police stations;
(k)
Town facilities;
(l)
Commercial stables in compliance with the provisions of Chapter 1 of Title 6 of this Code and when deemed appropriate by the Planning Commission to meet the needs of the residents of the Town for stabling facilities;
(m)
Use of a single-family residence building and accessory structures by a California nonprofit public benefit corporation qualified for exemption from federal income tax under Section 501(C)(3) of the Internal Revenue Code for meetings and overnight accommodations relating to the charitable activities of the corporation; provided that:
(1)
The site (single parcel or combination of contiguous parcels) comprises a minimum of 25 acres; and
(2)
A minimum of 75% of the site is secured to remain as open space and/or conservation areas for the period of time and in accordance with the terms and conditions of the conditional use permit issued in respect to such use.
(n)
The use of artificial lighting may be permitted for tennis courts on properties with a General Plan designation of Private Recreation Area (RA-PR). Lighting must be shielded so that the light source is not visible from off-site and must be located no less than 120 feet from any property line.
(§ 1, Ord. 305, eff. October 3, 1986; § 2, Ord. 314, eff. November 6, 1987; § 4, Ord. 329, eff. October 20, 1989; § 2, Ord. 358, eff. December 4, 1993; § 4, Ord. 382, eff. May 17, 1996; § 1, Ord. 406, eff. February 5, 2000; § 3, Ord. 437, December 18, 2004; § 1, Ord. 551, eff. November 16, 2014)
§ 10-1.704 Area, coverage, height and setback limitations (R-A).
See Article 5 of this chapter for the applicable provisions.
(§ 1, Ord. 305, eff. October 3, 1986)
§ 10-1.705 Off-street parking (R-A).
See Article 6 of this chapter for the applicable provisions.
(§ 1, Ord. 305, eff. October 3, 1986)
§ 10-1.706 Prohibited uses.
The following uses are prohibited in the Residential-Agricultural District (R-A):
(a)
Medical and nonmedical cannabis cultivation, except for indoor and outdoor cultivation of amounts legally authorized for personal use per Section 11362.1 of the California Health and Safety Code. Outdoor cultivation for personal use must be done in a secured location, shall not be visible from the public right-of-way, and shall not be located within building setbacks or within an easement granted to the Town of Los Altos Hills;
(b)
All commercial medical and nonmedical cannabis activities except delivery by legally licensed commercial cannabis businesses established outside of Town limits in accordance with State law;
(c)
Medical and nonmedical cannabis dispensaries;
(d)
Processing of medical and nonmedical cannabis except for the amounts legally authorized for personal use as defined by Section 11362.1 of the California Health and Safety Code.
(§ 2, Ord. 562, eff. June 18, 2016; § 2, Ord. 573, eff. December 14, 2017; § 2, Ord. 577, eff. October 20, 2018)
§ 10-1.801 Primary uses permitted (OSR).
The following primary uses shall be permitted in the Open Space Reserve District:
(a)
Agricultural uses, including horticulture and grazing, except those uses identified as prohibited under Section 10-1.804;
(b)
Forest preserves; and
(c)
Other open space uses.
(§ 1, Ord. 305, eff. October 3, 1986; § 2, Ord. 562, eff. June 18, 2016)
§ 10-1.802 Accessory uses and structures permitted (OSR).
The following accessory uses and structures shall be permitted in the Open Space Reserve District:
(a)
Structures other than buildings which are necessary for the conduct of a permitted primary use: and
(§ 1, Ord. 305, eff. October 3, 1986)
§ 10-1.803 Area, coverage, height and setback limitations (OSR).
See Article 5 of this chapter for the applicable provisions.
(§ 1, Ord. 305. eff. October 3, 1986)
§ 10-1.804 Prohibited uses.
The following uses are prohibited in the Open Space Reserve District (OSR):
(a)
Medical and nonmedical cannabis cultivation, except for indoor and outdoor cultivation of amounts legally authorized for personal use per Section 11362.1 of the California Health and Safety Code. Outdoor cultivation for personal use must be done in a secured location, shall not be visible from the public right-of-way, and shall not be located within building setbacks or within an easement granted to the Town of Los Altos Hills;
(b)
All commercial medical and nonmedical cannabis activities except delivery by legally licensed commercial cannabis businesses established outside of Town limits in accordance with State law;
(c)
Medical and nonmedical cannabis dispensaries;
(d)
Processing of medical and nonmedical cannabis except for the amounts legally authorized for personal use as defined by Section 11362.1 of the California Health and Safety Code.
(§ 2, Ord. 562, eff. June 18, 2016; § 2, Ord. 573, eff. December 14, 2017; § 2, Ord. 577, eff. October 20, 2018)
§ 10-1.901 Upper Neary Quarry Lands Regulations.
(a)
If the Upper Neary Quarry Lands, or any portion of them, have been or are annexed to Los Altos Hills, the number of primary dwelling units on the area annexed may not exceed the maximum number of dwelling units that could have been located on that area under Sections 14-6.1 and 14-6.2 of the Santa Clara County Zoning Ordinance on November 28, 1988. (Sections 14-6.1 and 14-6.2 of the Santa Clara County Zoning Ordinance can be found on file in the office of the City Clerk and are not contained herein.)
(b)
No clustering of residences may be required on the Lands. Only one primary dwelling may be permitted on each lot. Each lot must have a net area of at least 10 acres.
(c)
As a condition for development of the Lands, or any portion of them, a conservation easement must be granted to the Town of Los Altos Hills which will permanently preclude the construction of any dwelling units not permitted under subsection (a). The Town shall accept the conservation easement.
(d)
Dwellings or other structures may not be sited on ridgelines or hilltops. Structures shall be limited in height so that they do not interfere with views of ridgelines or hilltops.
(e)
The maximum development area and maximum floor area for lots on the Lands may not exceed the maximum development area and maximum floor area, respectively, allowed by the Los Altos Hills Zoning Ordinance on a one acre flat lot in the Town's Residential Agricultural zone.
(Special Election June 1989)
§ 10-1.902 Definitions.
For purposes of this article:
(or its equivalent) is as defined in Section 10-1.202.
(or its equivalent) is as defined in Section 10-1.202.
are the area of approximately 300 acres included in Lots One through Twenty-Four on Figure 2-2, Project Site Plan, Quarry Hills Project Draft Environmental Impact Report, Town of Los Altos Hills, July 1988, (EIP Associates).
(Special Election June 1989)
§ 10-1.1001 Applications.
Each application for a conditional use permit, conditional development permit, variance, or appeal shall be accompanied by the following:
(a)
A reference to the specific provisions of this chapter which are involved;
(b)
As the case may be:
(c)
A filing fee and a deposit for services as adopted by resolution of the Council.
(§ 1, Ord. 305, eff. October 3, 1986; § 1, Ord. 339, eff. November 3, 1990)
§ 10-1.1002 Appeals from decisions of administrative officials.
Any interested party may appeal the decision of an administrative official in the administration or enforcement of the provisions of this title to the Planning Commission by filing a written notice of appeal with the City Clerk within 14 days of the date of the decision. Any member of the Council or any two members of the Planning Commission may file such an appeal within such timeframe without the payment of a fee. All appeals shall be in accordance with the provisions of Section 10-1.1001 and subject to public hearing by the appropriate body pursuant to the provisions of Section 10-1.1005 of this article. A public hearing shall be set no later than 45 days after the date of the filing of the notice of appeal, unless time is waived by the appellant or project applicant. All actions by the Planning Commission shall be in accordance with the provisions of Section 10-1.1006 of this article.
(§ 1, Ord. 305, eff. October 3, 1986; § 2, Ord. 339, eff. November 3, 1990; § 2, Ord. 592, eff. April 17, 2021)
§ 10-1.1003 Variances.
The Planning Commission or a Staff Committee, comprised of the Zoning Administrator and the City Manager or designee shall act as the permitting body for variance applications, as described in Section 10-1.1007(2) of this article. The Staff Committee or Planning Commission shall hold a public hearing on each application for a variance. Notice of such hearing shall be in accordance with the provisions of Section 10-1.1005 of this article. All actions taken shall be in accordance with the provisions of Sections 10-1.1006 and 10-1.1007 of this article.
(§ 1, Ord. 305, eff. October 3, 1986, § 3, Ord. 314, eff. November 6, 1987)
§ 10-1.1004 Conditional use permits-Conditional development permits.
The Planning Commission shall hold a public hearing on each application for a conditional use permit or conditional development permit Notice of such hearing shall be in accordance with the provisions of Section 10-1.1005 of this article. Actions of the Planning Commission shall be in accordance with the provisions of Sections 10-1.1006 and 10-1.1007 of this article.
(§ 1, Ord. 305, eff. October 3, 1986)
§ 10-1.1005 Public hearing-Notices.
Notices of public hearings shall be posted in at least three public posting places and posted on the property adjacent to a public street or from any access road or way to property not having public frontage. Notices of such hearings shall also be served by United States mail to the owner of the subject property, or the owner's authorized representative, to the project applicant and to each property owner whose property is within 500 feet of the exterior boundary of the property, using addresses from the latest equalized assessment roll. In lieu of using the assessment roll, the Town may require these addresses to be obtained from records of the county assessor or tax collector which contain more recent information than the assessment roll. All required names and addresses shall be provided by the applicant or his or her representative at the time the permit application is filed. Such posting and mailing shall be completed at least 10 days prior to the date of the hearing.
The notice shall state the purpose of the application, the time and place of the hearing thereon, and a statement that all written and oral statements will be considered by the Planning Commission.
(§ 1, Ord. 305, eff. October 3, 1986, § 2, Ord. 351, eff. May 15, 1992)
§ 10-1.1006 Action of the Planning Commission.
Following the approval or denial of an appeal, a site development or a zoning permit, or a recommendation to the City Council related to a conditional use permit, Zoning Code amendment or General Plan amendment, the Planning Commission shall transmit a record of its action to the City Council and the City Clerk. The transmittal shall state the full record of the findings made and shall be filed in the office of the City Clerk by appropriate reference.
(§ 1, Ord. 305, eff. October 3, 1986; § 1, Ord. 372, eff. August 19, 1994; § 2, Ord. 592, eff. April 17, 2021)
§ 10-1.1007 Conditional use permits, conditional development permits and variances-Approval- Conditions.
Conditional use permits, conditional development permits and variances may be granted only when facts are established which support the findings required by the provisions of this section. Conditions may be attached to any approved application in order to secure the purposes of this chapter.
(§ 1, Ord. 305, eff. October 3, 1986, § 4, Ord. 314, eff. November 6, 1987)
§ 10-1.1007(1) Conditional use permits-Approval-Conditions.
Conditional use permits may be granted only when facts are established which support the findings required by the provisions of this section.
(a)
Findings. Conditional use permits shall be granted by the City Council only when it is found that:
(1)
The proposed use or facility is properly located in relation to the community as a whole, land uses, and transportation and service facilities in the vicinity;
(2)
The site for the proposed use is adequate in size and shape to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping, and such other features as may be required by this chapter or, will be needed to assure that the proposed use will be reasonably compatible with land uses normally permitted in the surrounding area;
(3)
The site for the proposed use will be served by streets and highways of adequate width and pavement to carry the quantity and kind of traffic generated by the proposed use; and
(4)
The proposed use will not adversely affect the abutting property or the permitted use thereof.
(b)
Conditions. Every conditional use permit granted may be subject to such conditions as are deemed necessary to protect the public health, safety and general welfare and secure the objectives of the General Plan and this chapter.
(§ 1, Ord. 305, eff. October 3, 1986, § 4, Ord. 314, eff. November 6, 1987; § 2, Ord. 372, eff. August 19, 1994)
§ 10-1.1007(2) Variances-Approval-Conditions.
The Staff Committee comprised of the Zoning Administrator and City Manager or designee (herein called the "Staff Committee") and Planning Commission are empowered to grant variances from the requirements of this title. The Staff Committee or Planning Commission shall act as the authority to grant variances as specified in subsections (d) and (e) below.
(a)
Purpose. The purpose of the variance is to resolve practical difficulties or undue hardships, not of the applicant's own making, which may result from the exceptional size, shape, topography, location, or other physical site conditions, or the use or development of property in the immediate vicinity. In this context, personal, family, or financial difficulties, loss of prospective profits and neighboring violations are not practical difficulties or hardships justifying a variance. In some cases, the location of existing structures may result in a practical difficulty or hardship.
(b)
Findings. The Staff Committee or Planning Commission may grant the requested variance in whole or in part only if, from the application or the facts presented at the public hearing, it can affirmatively find that all of the following four requirements have been met:
(1)
That, because of exceptional or extraordinary circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the provisions of this title is found to deprive such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification;
(2)
That upon the granting of the variance, the intent and purpose of the applicable sections of this title will still be served and the recipient of the variance will not be granted special privileges not enjoyed by other surrounding property owners;
(3)
That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the same zoning district;
(4)
That the variance will not authorize a use or activity which is not otherwise expressly authorized by the zoning district regulations governing the parcel or property.
(c)
Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity within the same zoning district.
(d)
The Staff Committee shall act as the permitting body for all applications involving the following:
(1)
Maximum Development Area (MDA). Requests to exceed MDA by 500 square feet or less;
(2)
Maximum Floor Area (MFA). Requests to exceed MFA by 150 square feet or less;
(3)
Setbacks. Requests for encroachments into any setback of two feet or less and measuring 150 square feet of floor area or less;
(4)
Fences and Walls. Requests to locate fences on the roadway side of the "reference line" defined in Section 10-1.504(d)(1).
(e)
The Planning Commission shall act as the permitting body for all variance applications involving the following:
(1)
Maximum Development Area (MDA). Requests to exceed MDA by more than 250 square feet;
(2)
Maximum Floor Area (MFA). Requests to exceed MFA by more than 150 square feet;
(3)
Setbacks. Requests for encroachment into any setback of more than two feet and measuring less than 150 square feet of floor area;
(4)
Height. All requests for height envelope encroachments, to exceed maximum height of 27 feet and/or to exceed special height limitation of 35 feet;
(5)
Others. All other variance applications not specified above, and any applications referred to the Planning Commission by the Zoning Administrator.
(§ 1, Ord. 305, eff. October 3, 1986; § 5, Ord. 314, eff. November 6, 1987; § 3, Ord. 326, eff. September 16, 1988)
§ 10-1.1007(3) Conditional development permits-Approval-Condition.
(a)
On substandard lots, due to the difficulty of accommodating development which meets the objectives and standards of the Town, any lot which has a lot unit factor of .50 or less shall require a Conditional Development Permit from the Planning Commission. In addition, any lot significantly constrained by a human habitation setback for geologic hazard areas or a nonhuman habitation setback for noise shall require a Conditional Development Permit from the Planning Commission, unless the Zoning Administrator finds that the lot is not significantly constrained by such setback or zone. Prior to the granting of any permit, the Planning Commission must find that:
(1)
The site for the proposed development is adequate in size, shape and topography to accommodate the proposed intensity of development, including all structures, yards, open spaces, parking, landscaping, walls and fences, and such other features as may be required by this chapter.
(2)
The size and design of the proposed structures create a proper balance, unity and harmonious appearance in relation to the size, shape and topography of the site and in relation to the surrounding neighborhood;
(3)
The rural character of the site has been preserved as much as feasible by minimizing vegetation and tree removal, excessive and unsightly grading and alteration of natural land forms.
(4)
The proposed development is in compliance with all regulations and policies set forth in the Site Development ordinance.
(b)
Every Conditional Development Permit granted may be subject to such conditions as are deemed necessary to protect the public health, safety and general welfare and to secure the objectives set forth in the findings above. Such conditions may include, but are not limited to, reduction in Maximum Development Area allowed, reduction in Maximum Floor Area allowed, installation of landscaping, and resisting of structures.
(§ 1, Ord. 305, eff. October 3, 1986; § 6, Ord. 314, eff. November 6, 1987; § 1, Ord. 337, eff. September 14, 1990; Ord. 338, eff. September 19, 1990; § 1, Ord. 341, eff. January 4, 1991)
§ 10-1.1008 Effective dates.
(§ 1, Ord. 305, eff. October 13, 1986; § 7, Ord. 314, eff. November 6, 1987; § 1, Ord. 348, eff. August 16, 1992; § 3, Ord. 372, eff. August 19, 1994; § 1, Ord. 448, eff. June 25, 2006; § 2, Ord. 592, eff. April 17, 2021)
§ 10-1.1009 Appeals.
(a)
Any interested party may appeal a decision of the Staff Committee to the Planning Commission by filing a written notice of appeal with the City Clerk within 14 days of the decision prior to it becoming final under Section 10-1.1008. A nonrefundable filing fee and a deposit for services shall accompany each appeal, except that any member of the City Council or any two members of the Planning Commission may file such an appeal without payment of a fee.
(b)
Any interested party may appeal a decision of the Planning Commission to the City Council by filing a written notice of appeal with the City Clerk within 21 days of the decision prior to it becoming final under Section 10-1.1008. A nonrefundable filing fee and a deposit for services shall accompany each appeal, except that any Councilmember may file an appeal without payment of a fee.
(c)
The City Council or Planning Commission, whichever is applicable, shall hold a public hearing, in accordance with the provisions of Section 10-1.1005 to consider the appeal. A public hearing shall be set no later than 45 days after the date of the filing of the notice of appeal, unless time is waived by the appellant or project applicant.
(§ 1, Ord. 305, eff. October 3, 1986; § 1, Ord. 312, eff. June 5, 1987; § 8, Ord. 314, eff. November 6, 1987; § 3, Ord. 339, eff. November 3, 1990; § 2, Ord. 348, eff. August 16, 1992; § 4, Ord. 372, eff. August 19, 1994; § 1, Ord. 404, eff. December 4, 1999; § 2, Ord. 592, eff. April 17, 2021)
§ 10-1.1010 Council review of actions.
(a)
If the City Council holds a meeting within 21 days of a Planning Commission action, the City Clerk shall note the decision on the meeting agenda and the City Council may discuss the action taken for the sole purpose of eliciting any desired information, following which any member of the Council may appeal the matter to the City Council by noting so on the record.
(b)
If the City Council does not meet within 21 days of a Planning Commission action, the City Clerk shall give written notice of the decision to each Councilmember after receiving the transmittal of the record pursuant to Section 10-1.1006. Included in that notice shall be the date by which a written appeal must be received by the City Clerk in accordance with Section 10-1.1009.
(c)
If a Councilmember appeals the matter to the City Council, the Council shall hold a public hearing in accordance with the provisions of Section 10-1.1005. A public hearing shall be set no later than 45 days after the date of the submission of a written appeal, unless time is waived by the Councilmember or project applicant.
(§ 1, Ord. 305, eff. October 3, 1986; § 2, Ord. 312, eff. June 5, 1987; § 3, Ord. 348, eff. August 16, 1992; § 5, Ord. 372, eff. August 19, 1994; § 2, Ord. 592, eff. April 17, 2021)
§ 10-1.1011 Denial-Resubmission.
An application for a conditional use permit, conditional development permit, variance, or appeal which has been denied by the Staff Committee, Planning Commission or Council which is substantially similar to one which has been so denied may not be resubmitted by the applicant within a period of one year from the date of the final action.
(§ 1, Ord. 305, eff. October 3, 1986; § 9, Ord. 314, eff. November 6, 1987)
§ 10-1.1012 Expiration.
(a)
Any conditional development permit or variance granted in accordance with this article shall expire unless a building permit has been procured within one year of the effective date of the conditional development permit or variance. Any conditional use permit granted in accordance with this article shall expire unless the authorized use has been commenced at the site within one year of the effective date of the use permit.
(b)
Demolition or substantial alteration of structures authorized by a variance or conditional development permit shall void the variance or conditional development permit, unless all permits necessary to replace or repair the structures in essentially the same form as originally authorized are acquired within one year of the destructive or damaging incident.
(c)
Cessation of activity at the site of a conditional use permit for more than one year shall void the use permit.
(d)
The Zoning Administrator, or designee, may, if the permittee presents satisfactory evidence of unusual difficulties relative to the permit or variance, grant a reasonable extension of time if a request is made before the expiration date of the permit or variance. The City Council may grant a reasonable extension of time if a written application is made after the expiration date of the permit or variance; provided, however, that the City Council's decision shall only be made after a noticed public hearing in accordance with Section 10-1.1005.
(§ 2, Ord. 333, eff. June 15, 1990)
§ 10-1.1013 Amendments.
Amendments to this chapter shall be made pursuant to the applicable provisions of State law.
(§ 1, Ord. 305, eff. October 3, 1986; § 1, Ord. 333, eff. June 15, 1990)
§ 10-1.1101 Administration and enforcement.
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the persons named in accordance with the provisions contained in Article 11 of Chapter 2 entitled "Site Development" of Title 10 of the Los Altos Hills Municipal Code consisting of Sections 10-2.1301 to 10-2.1318. inclusive, as the same exist or as hereafter amended or added to.
(§ 1, Ord. 305. eff. October 3, 1986)
§ 10-1.1201 Purpose and intent.
The purpose of this chapter is to establish regulations governing the short-term rental of residential property within the Town of Los Altos Hills. The establishment of these regulations will provide for additional residential options while ensuring that short-term rental activities do not become a nuisance or a threat to public health, safety, or welfare due to excessive noise, disorderly conduct, overcrowding, traffic congestion, illegal parking, refuse accumulation, and other effects related to short-term rentals.
(§ 1, Ord. 575, eff. May 19, 2018)
§ 10-1.1202 Definitions.
For purposes of this chapter, the following definitions apply:
(a)
"Primary residence" means the residence must be used as the owner/applicant's primary residence for a minimum of 270 days per year and must be listed as the mailing address with the Santa Clara County Assessor.
(b)
"Short-term rental" means to provide transient lodging use in exchange for compensation in any dwelling unit, in whole or in part, on residential property for a period of 30 consecutive calendar days or less.
(c)
"Validated nuisance" means a prohibited use or impact associated with a short-term rental including those listed within the short-term rental policy and which sufficient documentation is provided to confirm the occurrence and extent of the violation.
(§ 1, Ord. 575, eff. May 19, 2018)
§ 10-1.1203 Short-term rentals prohibited.
No person shall use or maintain, nor shall any person authorize, aid, facilitate or advertise the use of, any residential property on any parcel for short-term rental without registering and obtaining a short-term rental license from the Town of Los Altos Hills.
(§ 1, Ord. 575, eff. May 19, 2018)
§ 10-1.1204 General requirements.
Short-term rentals permitted on residential property shall be subject to the following restrictions and requirements:
(a)
A maximum of one short-term rental unit is permitted per residential property.
(b)
The short-term rental property shall contain the property owner's primary residence.
(c)
The short-term rental shall comply with all applicable local, State, and Federal laws, including, but not limited to, State and local health, safety, fire, and building codes.
(d)
The host must provide all renters with facilities for sleeping, bathing, and toileting within a permanent dwelling that is suitable for human occupancy. Rental of sleeping space in or on balconies, porches, tents, sheds, vehicles, garages or outdoor areas is prohibited.
(e)
Short-term rental uses are permitted solely for residential purposes only. No events or commercial uses are permitted. This includes site rentals for weddings, corporate meetings/events/trainings, photo or video shoots, birthday parties, etc.
(f)
All short-term rental parking must be provided on-site in approved parking areas. No overnight street parking is permitted pursuant to Municipal Code Section 4-3.1006.
(g)
The host is responsible for ensuring the property does not become a nuisance due to any short-term rental occupant activities. Any short-term rental with three validated nuisance violations will result in revocation of the short-term rental license.
(§ 1, Ord. 575, eff. May 19, 2018)
§ 10-1.1205 Conditional short-term rental permit approval required.
An applicant may apply for a conditional short-term rental permit if an exception to the general requirements is requested or if a previously approved short-term rental license has been revoked. A noticed public hearing before the Site Development Committee is required for consideration of a conditional short-term rental permit.
(a)
Additional limitations and restrictions may be imposed to ensure any nuisance concerns or site-specific limitations are adequately addressed to ensure that the short-term rental use would be compatible with the general intent of this article and the policies of the Town of Los Altos Hills. Additional limitations or restrictions may include, but are not limited to:
(§ 1, Ord. 575, eff. May 19, 2018)
§ 10-1.1206 Fees.
The City Council may establish and set by resolution all fees and charges as may be necessary to effectuate the purpose of this chapter.
(§ 1, Ord. 575, eff. May 19, 2018)
§ 10-1.1207 Violations a public nuisance-Penalties, nuisance abatement, and other remedies.
Any short-term rental operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance which the City may seek to abate, remove, and enjoin in any manner provided by law. Such remedies shall be in addition to any other remedies available to the City under this chapter or applicable local or State law.
(§ 1, Ord. 575, eff. May 19, 2018)
§ 10-1.1301 Purpose.
The purpose and intent of this article is to provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, design, operation and maintenance of wireless telecommunications facilities in the Town of Los Altos Hills. These regulations are intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with wireless telecommunications facilities. This article provides standards necessary to: (1) preserve and promote harmonious land uses and the public right-of-way in the Town; (2) promote and protect public health and safety, community welfare, visual resources, and the aesthetic quality of the Town consistent with the goals, objectives and policies of the General Plan; (3) provide for the orderly, managed, and efficient development of wireless telecommunications facilities in accordance with the State and Federal laws, rules, and regulations; and (4) encourage new and more efficient technology in the provision of wireless telecommunications facilities.
This article is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulation for rights-of-way management; (3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions; (5) prohibit any collocation or modification that the Town may not deny under Federal or State law; or (6) otherwise authorize the Town to preempt any applicable Federal or State law.
(§ 2, Ord. 587, eff. January 18, 2020)
§ 10-1.1302 Definitions.
For the purposes of this article, the following defined terms shall have the meaning set forth in this section unless the context clearly indicates or requires a different meaning.
means any equipment associated with the installation of a wireless telecommunications facility, including, but not limited to, cabling, generators, air conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment buildings, pedestals, meters, vaults, splice boxes, and surface location markers.
means that part of a wireless telecommunications facility designed to radiate or receive radio frequency signals or electromagnetic waves for the provision of services, including, but not limited to, cellular, paging, personal communications services (PCS) and microwave communications. Such devices include, but are not limited to, directional antennas, such as panel antenna, microwave dishes, and satellite dishes; omnidirectional antennas; wireless access points (Wi-Fi); and strand-mounted wireless access points. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes.
means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(1), as may be amended, which defines that term as a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. Section 1.6100(b)(9) or any equipment associated with a tower. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks). The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in 47 C.F.R. Section 1.6100(b)(1)(i) and (ii) that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in 47 C.F.R. Section 1.6100(b)(1)(i) and (ii).
means mounted to the side or façade, but not the roof, of a building or another structure such as a water tank, pump station, church steeple, freestanding sign, or similar structure.
means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.
means the mounting or installation of new transmission equipment on an existing tower or structure with existing transmission equipment.
means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(2), as may be amended, which defines that term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting or receiving radio frequency signals for communications purposes.
means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(3), as may be amended, which defines that term as any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (1) collocation of new transmission equipment; (2) removal of transmission equipment; or (3) replacement of transmission equipment.
means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(4), as may be amended, which defines that term as any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the State or local government under this section.
means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(4), as may be amended, which provides that a constructed tower or base station is existing for purposes of Section 6409(a) regulations if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.
means the Federal Telecommunications Commission.
means the heated and conditioned space in a single-family residence or accessory dwelling unit as defined by the California Building Code. For the purposes of this Article, existing habitable floor area includes unbuilt space meeting the above criteria that has an approved building permit that was issued prior to the submittal date of a wireless application.
means a facility within a cellular network that provides radio coverage to a large area of mobile network access. A macro cell differs from a microcell by offering a larger coverage area and high-efficiency output. Output power is usually in a range of tens of watts.
means a facility that provides a small range of coverage for a cellular network and is a radio access point with a low radio frequency (RF) power output footprint and range. Specifically, a "small cell wireless facility" means a facility that meets all of the following conditions as defined by the FCC:
The facility meets one of the following mounting height requirements:
The volume of each antenna associated with the deployment is at most three cubic feet;
The volume of all other wireless equipment associated with the structure is at most 28 cubic feet;
The facility does not require antenna registration under Federal regulations;
The facility is not located on tribal lands; and
The facility does not result in human exposure to radio frequency radiation in excess of the applicable Federal safety standards.
means any change to an existing wireless telecommunications facility that involves any of the following: collocation, expansion, modification, alteration, enlargement, intensification, reduction, augmentation, or aesthetics, including, but not limited to, a change in size, shape, color, visual design, noise or exterior material. Modification does not include repair, replacement, or maintenance if those actions do not involve a change to the existing facility involving any of the following: collocation, expansion, modification, alteration, enlargement, intensification, reduction, or augmentation.
means a structure consisting of a single pole used to support antennas or related equipment and includes a monopine or similar monopoles camouflaged to resemble trees or other objects.
mean the same as defined in 47 U.S.C. Section 332(c)(7)(C)(i), as may be amended, which defines the term as facilities that provide personal wireless services.
means the same as defined in 47 U.S.C. Section 332(c)(7)(C)(i), as may be amended, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.
means a single shaft of wood, steel, concrete, or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of the Los Altos Hills Municipal Code.
means radio frequency or electromagnetic waves between 30 kHz and 300 GHz in the electromagnetic spectrum range.
means all public streets and utility easements, now and hereafter owned by the Town or other public entity, but only to the extent of the Town or public entity's right, title, interest or authority to grant a license to occupy and use such streets and easements for wireless communication facilities.
means mounted directly on the roof of any building or structure, above the eave line of said building or structure.
means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified at 47 U.S.C. Section 1455.
means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(6), as may be amended, which provides that for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(7), as may be amended, which defines that term differently based on the particular wireless facility type (tower or base station) and location (in or outside the public right-of-way). For clarity, this definition organizes the FCC's criteria and thresholds for a substantial change according to the wireless facility type and location.
For towers outside the public right-of-way, a substantial change occurs when:
The proposed colocation or modification increases the overall height more than 10% or the height of one additional antenna array not to exceed 20 feet (whichever is greater); or
The proposed collocation or modification increases the width more than 20 feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or
The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or
The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.
For towers in the public rights-of-way and for all base stations, a substantial change occurs when:
The proposed collocation or modification increases the overall height more than 10% or 10 feet (whichever is greater); or
The proposed collocation or modification increases the width more than six feet from the edge of the wireless tower or base station; or
The proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or
The proposed collocation or modification involves the installation of any new groundmounted equipment cabinets that are 10% larger in height or volume than any existing ground-mounted equipment cabinets; or
The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.
In addition, for all towers and base stations wherever located, a substantial change occurs when:
The proposed collocation or modification would defeat the existing concealment elements of the support structure as determined by the Planning Director; or
The proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this section.
The thresholds for a substantial change outlined above are disjunctive. The failure to meet any one or more of the applicable thresholds means that a substantial change would occur. The thresholds for height increases are cumulative limits. For sites with horizontally separated deployments, the cumulative limit is measured from the originally-permitted support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012—the date that Congress passed Section 6409(a). |
means a freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and primarily used to support wireless telecommunications facility antennas.
means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(8), as may be amended, which defines that term as equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
means a pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission.
means any facility constructed, installed, or operated for wireless service. Wireless telecommunications facility includes, but is not limited to, antennas or other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting such equipment, related accessory equipment, equipment buildings, parking areas, and other accessory development. Wireless telecommunications facility does not mean any of the following:
A facility that qualifies as an amateur station as defined by the FCC, 47 C.F.R. Part 97, of the Commission's Rules, or its successor regulation.
An antenna facility that is subject to the FCC Over-The-Air-Receiving Devices Rule, 47 C.F.R. Section 1.4000, or any successor regulation, including, but not limited to, direct-to-home satellite dishes that are less than one meter in diameter, TV antennas used to receive television broadcast signals and wireless cable antennas.
Portable radios and devices, including, but not limited to, hand-held, vehicular, or other portable receivers, transmitters or transceivers, cellular phones, CB radios, emergency services radio, and other similar portable devices as determined by the Planning Director.
Telecommunications facilities owned and operated by any government agency.
Telecommunications facilities owned and operated by any emergency medical care provider.
Mobile services providing public information coverage of news events of a temporary nature.
Any wireless telecommunications facilities exempted from the Los Altos Hills Municipal Code by Federal law or State law.
(§ 2, Ord. 587, eff. January 18, 2020)
§ 10-1.1303 Applicability.
This article applies to all wireless telecommunications facilities as follows:
(a)
All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this article governing the operation and maintenance, cessation of use and abandonment, removal and restoration of wireless telecommunications facilities and wireless telecommunications collocation facilities and the prohibition of dangerous conditions or obstructions by such facilities; provided, however, that in the event a condition of approval conflicts with a provision of this article, the condition of approval shall control unless and until the permit is amended or revoked.
(b)
Notwithstanding any provision of the Los Altos Hills Municipal Code to the contrary, provisions governing the installation of a public utility facility or accessory equipment shall not apply to wireless telecommunications facilities.
(§ 2, Ord. 587, eff. January 18, 2020)
§ 10-1.1304 Wireless telecommunications facility permit required.
No wireless telecommunications facility shall be located or modified within the Town on any property, including the public right-of-way, without the issuance of a site development permit or conditional use permit as required by this article. Such permit shall be in addition to any other permit required pursuant to the Los Altos Hills Municipal Code.
Description of Wireless Facility | Public/Private Property (not in public right-of-way) | Public Right-of-Way |
|---|---|---|
New Macro Cell Site | Conditional Use Permit | Conditional Use Permit/Encroachment Permit |
Monopole, Roof-mounted facility, Building/structure-mounted facility, Co-location that results in a substantial change as defined in this article | Planning Commission/ City Council | Planning Commission/ City Council |
Existing Macro Cell Site Co-Location | Site Development Permit | Site Development Permit/Encroachment Permit |
Co-location on an existing macro cell site with no substantial change as defined by this article | Administrative Review | Administrative Review |
New Micro/Small Cell Site | Conditional Use Permit | Site Development Permit/Encroachment Permit |
Mounted on an existing utility pole, replacement utility pole, new pole, or other new or existing structure | Planning Commission/ City Council | Administrative Review |
Existing Micro/Small Cell Site Co-Location | Site Development Permit | Site Development Permit/ Encroachment Permit |
Co-location on an existing macro cellsite, or on an existing utility pole or structure with an existing small cell wireless facility | Administrative Review | Administrative Review |
(§ 2, Ord. 587, eff. January 18, 2020)
§ 10-1.1305 Application for permit.
(a)
Submittal Requirements. All applications for a permit required by this article must be made in writing on such form as the Planning Director prescribes, which shall include the following information, in addition to all other information determined necessary by the Planning Director as well as all other information required by the Town as part of an application for a conditional use permit:
(1)
Full name and contact information for the facility owner, facility operator, agent (if any), and property owner, and related letter(s) of authorization. If the facility (such as a street light pole, street signal pole, utility pole, utility cabinet, vault or cable conduit) is located on or in the property of an person or entity other than the owner of the facility, the applicant shall provide a duly executed written authorization from the property owner(s) authorizing the placement of the facility on the property.
(2)
The type of facility, including a full written description of the proposed facility, its purpose and specifications.
(3)
A detailed site and engineering plan of the proposed facility containing the exact proposed location of the facility or facilities, created by a qualified licensed engineer and in accordance with requirements set by the Planning Director.
(4)
Photographs of facility equipment and an accurate visual impact analysis with photo simulations.
(5)
If located at an existing wireless facility site, the applicant shall submit a technically sufficient written report, certified by a qualified radio frequency emissions engineer, certifying that the facility is in compliance with current FCC standards for RF emissions.
(6)
Completion of an RF exposure guidelines checklist and proof that the applicant has complied with and obtained all applicable licenses or other approvals required by the FCC.
(7)
A written description identifying the geographic service area for the subject installation, accompanied by a plan and maps showing anticipated future installations and modifications, if applicable.
(8)
A written report that analyzes acoustic levels for the proposed wireless telecommunications facility and all associated equipment including, without limitation, all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators in order to demonstrate compliance with the Town's noise regulations. In lieu of a written report, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits.
(9)
An application and processing fee and deposit for a consultant review as set forth in the Independent Expert section that follows.
(10)
Any other studies or information determined necessary by the Planning Director may be required.
(b)
Independent Expert. The Planning Director may retain, on behalf of the Town, an independent, qualified consultant to review any application for a permit for a wireless telecommunications facility to review the technical aspects of the application, including, but not limited to, the following matters:
(1)
The accuracy, adequacy, and completeness of submissions;
(2)
Compliance with applicable radio frequency emission standards;
(3)
Whether any requested exception is necessary to close a significant gap in coverage and is the least intrusive means of doing so;
(4)
Technical demonstration of the unavailability of alternative sites, facility designs or configurations, and coverage analysis; and
(5)
The validity of conclusions reached or claims made by applicant.
The cost of this review shall be paid by the applicant through a deposit pursuant to an adopted fee schedule resolution. |
(c)
Noticing Requirement. Within five business days of submission of an application containing all the information required by this article and any applicable regulations, the applicant shall provide a notice by mail to all properties within a 500 foot radius of the location of the proposed facility. Such notice shall be of form and content specified by the Planning Director in a publicly stated format, as may be revised from time to time, but at a minimum must be clearly marked as a notification of a proposed wireless communications facility installation, identify the applicant and service provider(s) who will utilize the facility, and include a plain language description of the proposed facility, photo-simulations or illustrations depicting the proposed facility, and the address where comments may be sent to the Planning Director within 15 days of the date of the notice. Applicant shall provide proof of mailing of the required notices no less than five days after mailing the notices.
(§ 2, Ord. 587, eff. January 18, 2020)
§ 10-1.1306 Location and configuration preferences.
The purpose of this section is to provide guidelines to applicants and the reviewing authority regarding the preferred locations and configurations for wireless telecommunication facilities in the Town. When a lower ranked alternative is proposed for either a wireless telecommunication facility or accessory equipment pursuant to the preferential orders provided herein, the application must include technical information demonstrating that a higher ranked option is not technically feasible in light of the provider's service objectives. If the location or configuration of a proposed facility qualifies for two or more categories of preferred locations or configurations, it shall be deemed to belong to the lower preferred category.
The Planning Director shall consider the extent to which a proposed wireless telecommunication facility or accessory equipment complies with these preferences and whether there are feasible alternative locations or configurations to the proposed facility that are more preferred under this section given the technical feasibility.
(a)
Wireless Telecommunications Facilities.
(1)
Order of Preference—Configurations. The order of preference for the configuration for wireless telecommunication facilities from most preferred to least preferred is:
(2)
Order of Preference—Location. The order of preference for the location of wireless telecommunications facilities from most preferred to least preferred is:
(i)
Town-owned properties;
(ii)
Foothill College;
(iii)
Water tanks;
(iv)
Other public or quasi-public facilities, such as churches;
(v)
Public right-of-way;
(vi)
Residential properties of at least 10 acres, provided that the applicant has submitted evidence satisfactory to the Town demonstrating the property owner's consent or other form of proof demonstrating applicant's legal right to use the property.
(b)
Accessory Equipment. The order of preference for the location of accessory equipment for wireless telecommunication facilities including collocating facilities from most preferred to least preferred is:
(§ 2, Ord. 587, eff. January 18, 2020)
§ 10-1.1307 Design and development standards for all facilities.
The design and development standards set forth in this section apply to all wireless telecommunications facilities no matter where they are located. The intent of the Town is for wireless telecommunications facilities to be designed and maintained so as to minimize visual, noise, and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the design and development standards in this section. The requirements of this section apply to modifications of existing wireless telecommunication facilities as well as new installations.
(a)
Aesthetics.
(1)
The applicant shall employ screening and camouflage design techniques in the design and placement of wireless telecommunications facilities in order to ensure that the facility is screened by existing development, topography, or vegetation, to the extent feasible, and as is required for similar construction projects within the Town, whenever possible. Improvements which will be primarily viewed against soils, trees or grasslands shall be painted colors matching these landscapes while elements which rise above the horizon shall be painted a blue gray that matches the typical sky color at that location. Equipment mounted to existing utility poles shall be painted with low reflectivity paint to match the pole on which it is mounted.
(2)
Antenna elements shall be flush mounted, to the extent reasonably feasible. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers. Antennas shall be situated as to reduce visual impact without compromising their function. Whip antennas need not be screened.
(3)
Where appropriate, facilities shall be installed so as not to damage or destruct existing vegetation and landscape at the installation location, and shall maintain such existing landscaping on the site, including trees, foliage and shrubs, whether or not utilized for screening. If existing vegetation and landscape are damaged or destroyed in the process of installing the facility, the owner or applicant of the facility shall restore such damage or destruction to the condition that is substantially the same as that prior to installation. Further, additional landscaping shall be planted, irrigated, and maintained where such vegetation is deemed necessary by the Town to provide screening or to block the line of sight between facilities and adjacent uses.
(4)
The antennas shall be covered with socks matching the artificial foliage on the monopine and all cables, support structures and all other associated equipment on the monopine shall be painted to match the color of the new darker green foliage, to the satisfaction of the Planning Director, prior to final inspection of the facility (if applicable).
(b)
Minimum Setback.
(1)
The minimum setback from a wireless communications antenna to the nearest existing habitable floor area of an adjacent single-family residence or accessory dwelling unit shall be 200 feet.
(2)
The minimum setback from a wireless communications antenna to a public or private school property with any combination of students from pre-school through grade 12 shall be 1,100 feet.
(c)
Noise and Lighting.
(1)
No lighting or other illumination is permitted unless either specifically required by the Federal Aviation Administration or other government agency. Lightning arresters and beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency.
(2)
Each wireless telecommunications facility and wireless telecommunications collocation facility shall be operated in such a manner so as to minimize any possible disruption caused by noise or maintenance.
(3)
Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 5:00 p.m. and 7:00 a.m.
(4)
At no time shall equipment noise from any facility exceed an exterior noise level of 40 dBA at the facility's property line or at the edge of the right-of-way.
(5)
Any equipment, including, but not limited to, air conditioning units, that may emit noise that would be audible from beyond three feet from the facility in the case of a facility located in the right-of-way, or in the case of other facilities the facility's property line, shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations under the Los Altos Hills Municipal Code.
(d)
Public Safety and Other Requirements.
(1)
No signs or advertising devices other than certification, warning or other signage required by law is permitted.
(2)
All facilities shall be designed and located in such a manner as to not obstruct, block, or impede vehicular traffic nor impede pedestrian, bicycle or equestrian pathway users and shall not create dangers to traffic safety.
(3)
Each wireless telecommunications facility and wireless telecommunications collocation facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight, or attractive nuisances. The reviewing authority may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location or accessibility, a facility has the potential to become an attractive nuisance.
(§ 2, Ord. 587, eff. January 18, 2020)
§ 10-1.1308 Additional design and development standards for facilities outside the public right-of-way.
Facilities located outside the public right-of-way are subject to the design and development standards set forth in this section in addition to all design and development standards that apply to all facilities.
(a)
Aesthetics.
(1)
Roof-mounted facilities shall be designed and constructed to be fully concealed or screened, to the extent feasible, in a manner compatible with the existing architecture of the building onto which the facility is mounted by using the same or substantially similar color, texture, and type of material. However, to the extent feasible, screening shall not increase the bulk of the mounting structure nor alter the character of the structure as to being not compatible with the mounting building.
(2)
All cables, including, but not limited to, electrical and utility cables, shall run within the interior of the telecommunications tower to the greatest extent possible or shall be camouflaged or hidden to the fullest extent feasible without jeopardizing the physical integrity of the tower.
(3)
Monopole installations should be situated so as to utilize existing natural or man-made features including topography, vegetation, buildings, or other structures to be screened and blend with the existing natural or built surroundings, to the extent feasible and as is required for similar construction projects within the Town.
(4)
All antenna components and accessory wireless equipment shall be treated with exterior coatings of a color and texture to match the predominant visual background or existing architectural elements so as to visually blend in with the surrounding development. Subdued colors and non-reflective materials that blend with surrounding materials and colors shall be used.
(5)
If a faux tree is proposed for the monopole installation, it shall be of a type of tree compatible with those existing in the immediate areas of the installation. If no trees exist within the immediate areas, the applicant shall create a landscape setting that integrates the faux tree such as by adding species of trees that are of a similar height and type.
(6)
Accessory equipment for roof-mounted facilities shall be screened with materials that are painted the color of the building, roof, or surroundings. Accessory equipment for telecommunications towers shall be visually screened by locating the equipment either within a nearby building or in another type of enclosed structure, which shall comply with the development and design standards of the zoning district in which the accessory equipment is located. Such enclosed structure shall be architecturally treated and adequately screened from view by landscape plantings, decorative walls, fencing or other appropriate means, selected so that the resulting screening will be visually integrated with the architecture and landscaping of the surroundings.
(b)
Other Requirements.
(1)
Minimum setback from all property lines for structures and all equipment shall be 50 feet.
(2)
In no event shall the installation of facilities replace or interfere with parking spaces in such a way as to reduce the total number of parking spaces below the number that is required by the applicable zoning standard under this Code.
(3)
Facilities mounted to a telecommunications tower, including, but not limited to, the attached antennas, shall be designed to be the minimum functional height and width required to adequately support the proposed facility under applicable State or local building codes and safety standards and meet FCC standards and regulations. The applicant shall provide documentation satisfactory to the Planning Director establishing compliance with this paragraph. In any event, facilities mounted to a telecommunications tower shall not exceed the applicable height limit for structures in the Zoning Code.
(§ 2, Ord. 587, eff. January 18, 2020)
§ 10-1.1309 Additional design and development standards for facilities in the public right-of-way.
Facilities located in the public right-of-way are subject to the design and development standards set forth in this section in addition to all design and development standards that apply to all facilities.
(a)
Aesthetics.
(1)
All wireless equipment mounted on a utility pole shall be painted to match, as much as possible, the color of the existing or proposed pole by using identical or similar color tone samples.
(2)
If an applicant proposes to replace a pole in order to accommodate the facility, the pole shall match the appearance of the original pole to the extent feasible, unless another design better accomplishes the objectives of this section. Such replacement pole shall not exceed the height of the pole it is replacing by more than seven feet. Any replacement pole shall have the capacity and structural integrity to accommodate any potential co-location of multiple providers.
(3)
New poles shall be designed to resemble existing poles in the right-of-way, including size, height, color, materials and style, with the exception of any existing pole designs that are scheduled to be removed and not replaced, unless another design better accomplishes the objectives of this section or is shown to be the only technically feasible alternative. Such new poles that are not replacement poles shall be located no closer than 100 feet to an existing pole. Any new pole shall have the capacity and structural integrity to accommodate any potential co-location of multiple providers.
(b)
Height and Structural Requirements.
(1)
General pole height and width limitations:
(i)
All poles shall be designed to be the minimum functional height and width required to support the proposed antenna installation and meet FCC standards and regulations. Poles and antennas and similar structures shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the facility.
(ii)
Notwithstanding the above, no facility shall be located on a new pole exceeding 35 feet in height, including, but not limited to, the pole and any antenna that protrudes above the pole.
(iii)
Pole mounted accessory equipment shall not exceed six cubic feet in volume.
(iv)
Pole mounted antennas shall not exceed three cubic feet in volume.
(v)
Accessory equipment located above ground at the base of the pole shall not exceed 10 cubic feet in volume. Equipment placed in an underground vault may not exceed 28 cubic feet.
(2)
Pole mounted antennas shall be located a minimum of 10 feet from all pedestrian paths and a minimum of 15 feet above the ground.
(3)
Utility Poles. The maximum height of any antenna mounted to an existing utility pole shall not exceed 10 feet above the high voltage lines at the top of the utility pole nor an overall height of 40 feet from the ground to the top of the antenna. All installations on utility poles shall fully comply with the California Public Utilities Commission general orders, including, but not limited to, General Order 95, as revised.
(4)
Street Light Poles. The maximum height of any antenna mounted to a street light pole shall not exceed three feet above the existing height of a street light pole. Any portion of the antenna or equipment mounted on such a pole shall be no less than 18 feet above any drivable road surface.
(5)
All pole mounted wireless facilities shall utilize wireless metering.
(6)
All cables, including, but not limited to, electrical and utility cables, between the poles and to any accessory equipment shall be placed underground, if feasible. The conduit installed for all under-grounded cables shall provide sufficient space to accommodate potential additional providers and/or users to use the same conduit.
(7)
All new wires needed to service the wireless telecommunications facility must be installed within the width of the existing utility pole so as to not exceed the diameter and height of the existing utility pole, to the extent feasible.
(8)
Accessory equipment located at the base of the pole shall not exceed two feet in height. Equipment shall be screened and camouflaged to the fullest extent possible, including the use of landscaping or alternate screening, to blend with the existing natural or built surroundings.
(c)
Distance and Public Safety Requirements.
(1)
Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian, bicycle, equestrian or vehicular traffic, obstruction or disturbance to the public's use of the right-of-way, such as noise and public nuisances, or safety hazards to pedestrians and motorists.
(2)
A facility shall not be located within any portion of the public right-of-way interfering with access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other vital public health and safety facility.
(3)
Small cell facilities for each carrier shall be separated by at least 1,500 feet from other existing and proposed wireless facilities of that same carrier. All other pole mounted wireless telecommunications facilities must be separated by at least 1,000 feet from other existing and proposed wireless facilities of that same carrier.
(§ 2, Ord. 587, eff. January 18, 2020)
§ 10-1.1310 Conditions of approval for all facilities.
In addition to compliance with the requirements of this article, upon approval, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the reviewing authority. However, this section shall not be construed as a basis to deny eligible facilities request made pursuant to applicable provisions of the Middle Class Tax Relief and Job Creation Act of 2012.
(a)
Any changes or revisions to the telecommunications facility or its use shall require an amendment to the applicable permit(s). Additionally, the Planning Director may schedule a review or revocation hearing before the Planning Commission regarding any Conditional Use Permit, if any condition of approval is not being met or the facility is being used inconsistent with the approved use or in violation of Town development codes.
(b)
No modifications to the approved plans are allowed except as otherwise first reviewed and approved in writing by the Planning Director or by action of the Planning Commission, depending on the scope of the changes, and consistent with the requirements of Section 6409(a) as applicable.
(c)
Upon completion of project construction, the applicant shall conduct testing of the equipment and any applicable emergency communications antennas to ensure satisfactory operations of the facility, identify any interference requiring mitigation, and implement mitigation measures if needed. The applicant shall be strictly liable for interference caused by the wireless communications facilities with the Town's emergency communications systems. The operator shall be responsible for all labor and equipment costs for determining the source of the interference and all costs associated with eliminating the interference (including, but not limited to, engineering analysis, filtering and installing directional antennas).
(d)
As is required for other construction projects within the Town, the applicant shall defend, indemnify, and hold harmless the Town of Los Altos Hills and its agents, officers, and employees from any claim, action, or proceeding against the Town of Los Altos Hills or its agents, officers, or employees to attack, set aside, void, or annul an approval of the project to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Applicant's duty to so defend, indemnify, and hold harmless shall be subject to the Town's promptly notifying the Applicant of any said claim, action, or proceeding and the Town's full cooperation in the defense of such actions or proceedings.
(e)
The facility shall comply with the recommendations outlined in the project's reports. Not later than 30 days after installation and initial operation of the antenna facility, and on or prior to January 1st of each year thereafter, testing of radio frequency emissions shall be conducted by qualified professionals for the purposes of determining compliance with applicable FCC radio frequency emission standards. Reports of such testing shall be provided in writing to the Planning Department, with comparison to applicable Federal emission standards. If at any time the emission levels are shown not to comply with Federal standards, the Conditional Use Permit shall be scheduled for a revocation hearing before the Planning Commission.
(f)
The operator of the site shall be responsible for repair or repainting of the proposed facilities in case of vandalism or wear and must do so within 72 hours of notice by the Town that a complaint has been received.
(g)
The communications facility shall comply with the Town's noise ordinance at all times. If the Town receives a complaint of excessive noise at the facility, then the applicant shall perform an acoustical analysis of the ground equipment to demonstrate that noise emissions from the equipment is at or below 40 dB at the property line.
(h)
The applicant shall not cause interference in the frequencies allocated as primary to the amateur radio service and may be required to correct any and all future interference problems experienced by other licensed services.
(i)
The applicant shall not place any facilities that will deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The applicant shall allow the Town reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting and public signage.
(j)
At all times, all required notices and signs shall be posted on the site as required by the FCC and California Public Utilities Commission, and as approved by the Town. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.
(k)
All conditions of approval shall be binding as to the applicant and all successors in interest to applicant.
(l)
A condition setting forth the permit expiration date shall be included in the conditions of approval for all permits.
(§ 2, Ord. 587, eff. January 18, 2020)
§ 10-1.1311 Conditions of approval for facilities in the public right-of-way.
In addition to compliance with the requirements of this article, upon approval all facilities in the public right-of-way shall be subject to each of the conditions of approval set forth in Section 10-1.1310, each of the following conditions of approval, and any modification of these conditions or additional conditions of approval deemed necessary by the reviewing authority. However, this section shall not be construed as a basis to deny eligible facilities request made pursuant to applicable provisions of the Middle Class Tax Relief and Job Creation Act of 2012.
(a)
The wireless telecommunications facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the Town engineer for the purpose of: (1) protecting the public health, safety, and welfare; (2) preventing interference with pedestrian and vehicular traffic; and (3) preventing damage to the public right-of-way or any property adjacent to it. The Town may modify the permit to reflect such conditions, changes or limitations by following the same notice and public hearing procedures as are applicable to the grant of a wireless telecommunications facility permit for similarly located facilities, except the applicant shall be given notice by personal service or by registered or certified mail at the last address provided to the Town by the applicant.
(b)
The applicant shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement or property without the prior consent of the owner of that structure, improvement or property. No structure, improvement or property owned by the Town shall be moved to accommodate a wireless telecommunications facility unless the Town determines that such movement will not adversely affect the Town or any surrounding businesses or residents, and the applicant pays all costs and expenses related to the relocation of the Town's structure, improvement or property. Prior to commencement of any work pursuant to an encroachment permit issued for any facility within the public right-of-way, the applicant shall provide the Town with documentation establishing to the Town's satisfaction that the applicant has the legal right to use or interfere with any other structure, improvement or property within the public right-of-way to be affected by applicant's facilities.
(c)
The applicant shall assume full liability for damage or injury caused to any property or person by the facility.
(d)
The applicant shall repair, at its sole cost and expense, any damage including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to Town streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation or maintenance of a wireless telecommunications facility in the public right-of-way. The applicant shall restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. In the event the applicant fails to complete such repair within the number of days stated on a written notice by the Planning Director, the Planning Director shall cause such repair to be completed at applicant's sole cost and expense.
(e)
Prior to issuance of a building permit and before commencing any construction, the applicant shall obtain the Planning Director's approval of a tree protection plan prepared by a certified arborist if the installation of the wireless telecommunication facility will be located within the canopy of a street tree, or a protected tree on private property, or within a 10 foot radius of the base of such a tree. Depending on site specific criteria (e.g., location of tree, size, and type of tree, etc.), a radius greater than 10 feet may be required by the Planning Director.
(f)
The applicant shall modify, remove, or relocate its facility, or portion thereof, without cost or expense to the Town, if and when made necessary by:
(1)
Any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or aboveground facilities including, but not limited to, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by the Town or any other public agency;
(2)
Any abandonment of any street, sidewalk, or other public facility;
(3)
Any change of grade, alignment or width of any street, sidewalk or other public facility; or
(4)
A determination by the Planning Director that the wireless telecommunications facility has become incompatible with public health, safety or welfare or the public's use of the public right-of-way.
(g)
Any modification, removal, or relocation of the facility shall be completed within 90 days of written notification by the Town unless exigencies dictate a shorter period for removal or relocation. Modification or relocation of the facility shall require submittal, review and approval of a permit amendment pursuant to the Los Altos Hills Municipal Code. The permittee shall be entitled, on permittee's election, to either a pro-rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to the original location as the standards set forth in the Los Altos Hills Municipal Code allow. In the event the facility is not modified, removed, or relocated within said period of time, the Town may cause the same to be done at the sole cost and expense of permittee. Further, due to exigent circumstances as provided in the Los Altos Hills Municipal Code, the Town may modify, remove, or relocate wireless telecommunications facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter.
(§ 2, Ord. 587, eff. January 18, 2020)
§ 10-1.1312 Findings.
Where a wireless telecommunication facility requires a conditional use permit under this article, the reviewing authority shall not approve any application unless, in addition to the findings generally applicable to all conditional use permits, all of the following additional findings are made:
(a)
The proposed facility complies with all applicable provisions of this article.
(b)
The proposed facility has been designed and located to achieve compatibility with the community to the maximum extent reasonably feasible.
(c)
The applicant has submitted a statement of its willingness to allow other carriers to collocate on the proposed wireless telecommunications facility wherever technically and economically feasible and where collocation would not harm community compatibility.
(d)
Noise generated by equipment will not be excessive, annoying nor be detrimental to the public health, safety, and welfare and will not exceed the standards set forth in this article.
(§ 2, Ord. 587, eff. January 18, 2020)
§ 10-1.1313 Emergency deployment.
In the event of a declared Federal, State, or local emergency, or when otherwise warranted by conditions that the Planning Director deems to constitute an emergency, the Planning Director may approve the installation and operation of a temporary wireless telecommunications facility (e.g., a cell-on-wheels or "COW"), which is subject to such reasonable conditions that the Planning Director deems necessary.
(§ 2, Ord. 587, eff. January 18, 2020)
§ 10-1.1314 Operation and maintenance standards.
All wireless telecommunications facilities must comply at all times with the following operation and maintenance standards.
(a)
All necessary repairs, restoration and graffiti removal shall be completed by the applicant, owner, or operator within 72 hours after discovery of the need by the applicant, owner, operator or any designated maintenance agent or after notification is received from the Planning Director.
(b)
All facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, fire protection equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably free of:
(1)
General dirt and grease;
(2)
Chipped, faded, peeling, and cracked paint;
(3)
Rust and corrosion;
(4)
Cracks, dents, and discoloration;
(5)
Missing, discolored, or damaged artificial foliage or other camouflage;
(6)
Graffiti, bills, stickers, advertisements, litter and debris;
(7)
Broken and misshapen structural parts; and
(8)
Any damage from any cause.
(c)
All trees, foliage or other landscaping elements approved as part of the facility shall be maintained in good condition at all times, and the applicant, owner and operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the Planning Director.
(d)
The applicant shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation.
(e)
Each facility shall be operated and maintained at all times in compliance with applicable federal regulations, including FCC radio frequency emissions standards.
(f)
Each facility shall be operated and maintained to comply at all times with the noise regulations of this article and shall be operated and maintained in a manner that will minimize noise impacts to surrounding residents. Except for emergency repairs, any testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays, unless alternative hours are approved by the Planning Director. Backup generators, if permitted, shall only be operated during periods of power outages or for testing.
(g)
If a flagpole is used for camouflaging a wireless telecommunications facility, flags shall be flown and shall be properly maintained at all times.
(h)
Each owner or operator of a facility shall routinely inspect each site to ensure compliance with the standards set forth in this section and the conditions of approval.
(i)
State or Federal Requirements. All wireless facilities, including ancillary equipment, must meet or exceed current standards and regulations of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), and any other agency of the State or Federal government with the authority to regulate wireless facilities. If such standards and regulations are changed, then the operators of the wireless facility governed by this article shall bring such facilities into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring permitted facilities into compliance with such revised standards and regulations shall constitute grounds for the revocation of Town permit and require removal of the small cell facility at the service provider's expense. This section shall not be construed as a basis to deny eligible facilities request made pursuant to applicable provisions of the Middle Class Tax Relief and Job Creation Act of 2012.
(§ 2, Ord. 587, eff. January 18, 2020)
§ 10-1.1315 No dangerous conditions or obstructions allowed.
No person shall install, use or maintain any wireless telecommunications facility which in whole or in part rests upon, in or over any public sidewalk, roadside pathway or off-road pathway, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes with or impedes the flow of pedestrian, bicycle, equestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, artwork other objects permitted at or near said location.
(§ 2, Ord. 587, eff. January 18, 2020)
§ 10-1.1316 Permit expiration.
A permit for any wireless telecommunications facility shall be valid for a period of 10 years, unless the Planning Commission authorizes a longer period or pursuant to another provision of the Los Altos Hills Municipal Code the permit lapses sooner or is revoked. At the end of such period, the permit shall expire.
An applicant may apply for extensions of its permit in increments of no more than 10 years and no sooner than 12 months prior to expiration of the permit. If a permit has not expired at the time an application is made for an extension, the Planning Director may administratively extend the term of the permit for subsequent 10 year terms upon verification of continued compliance with the findings and conditions of approval under which the application was originally approved, as well as any other applicable provisions of the Los Altos Hills Municipal Code that are in effect at the time the permit extension is granted.
At the Planning Director's discretion, additional studies and information may be required of the applicant. If the Planning Director determines that the facility is nonconforming or that additional conditions of approval are necessary to bring the facility into compliance with the provisions of the Los Altos Hills Municipal Code in effect at the time of permit expiration, the Planning Director shall refer the extension request to the Planning Commission.
The request for an extension shall be decided by the Planning Commission if the permit expired before the application is made for an extension or if the Planning Director refers the matter to the Planning Commission. After notice and a public hearing, the Planning Commission may approve, conditionally approve, or deny the extension.
(§ 2, Ord. 587, eff. January 18, 2020)
§ 10-1.1317 Cessation of use or abandonment.
A wireless telecommunications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for 90 or more consecutive days. If there are two or more users of a single facility, then this provision shall not become effective until all users cease using the facility.
The operator of a facility shall notify the Town in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within 10 days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the Planning Director of any discontinuation of operations of 30 days or more.
(§ 2, Ord. 587, eff. January 18, 2020)
§ 10-1.1318 Removal and restoration, permit expiration, revocation or abandonment.
Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the permit or abandonment of the facility, the applicant, owner or operator shall remove its wireless telecommunications facility and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the Town. The facility shall be removed from the property within 30 days.
Failure of the applicant, owner, or operator to promptly remove its facility and restore the property within 30 days after expiration, earlier termination, or revocation of the permit, or abandonment of the facility, shall be a violation of the Los Altos Hills Municipal Code.
In the event the Planning Director or Public Works Director determines that the condition or placement of a wireless telecommunications facility located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, "exigent circumstances"), the Planning Director or Public Works Director may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall be served upon the person who owns the facility within five business days of removal and all property removed shall be preserved for the owner's pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within 60 days, the facility shall be treated as abandoned property.
In the event the Town removes a facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the Town for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the Town may collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with the Los Altos Hills Municipal Code. Unless otherwise provided herein, the Town has no obligation to store such facility. Neither the applicant nor the owner nor operator shall have any claim if the Town destroys any such facility not timely removed by the applicant, owner, or operator after notice, or removed by the Town due to exigent circumstances.
(§ 2, Ord. 587, eff. January 18, 2020)
§ 10-1.1319 Effect on other ordinances.
Compliance with the provisions of this article shall not relieve a person from complying with any other applicable provision of the Los Altos Hills Municipal Code, including, but not limited to, obtaining any necessary encroachment or building permits. In the event of a conflict between any provision of this article and other provisions of the Los Altos Hills Municipal Code, this article shall control.
(§ 2, Ord. 587, eff. January 18, 2020)
§ 10-1.1401 Purpose and intent.
The purpose of this article is to establish regulations governing the development of accessory dwelling units on residential zoned properties with a single-family dwelling within the Town of Los Altos Hills. The establishment of these regulations will encourage the construction of accessory dwelling units and contribute to the community's housing stock while ensuring that the new units are consistent with the semi-rural hillside character of the Town and do not create any significant impacts with regards to traffic flow or public safety. The regulations further promote and achieve the goals and policies in the Town's housing element within the general plan and comply with state laws related to accessory dwelling units, including California Government Code Section 66314 et seq.
(§ 2, Ord. 590, eff. August 21, 2020; § 1, Ord. 591, eff. October 17, 2020; Ord. 612, eff. 7/20/2024)
§ 10-1.1402 Definitions.
For purposes of this article, the following definitions apply:
means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit and a manufactured home, as defined in Health and Safety Code Section 18007.
is the interior habitable area of an accessory dwelling unit, including basements and attics, but not including a garage or other non-habitable areas adjacent to the unit.
means a dwelling unit that is up to 500 square feet in size and contained entirely within an existing primary dwelling unit that provides an efficiency kitchen and a separate exterior entrance, and may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
is defined the same as, and is equivalent to, development area.
means the single-family residence on the property and is the larger of the two if there is an existing accessory dwelling unit on the property.
means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
means the same as an accessory dwelling unit.
(§ 2, Ord. 590, eff. August 21, 2020; § 1, Ord. 591, eff. October 17, 2020)
§ 10-1.1403 General standards and requirements.
Accessory dwelling units are permitted on all residential properties and subject to the following general standards and requirements:
(a)
Type and Unit Size.
(1)
One accessory dwelling unit and one junior accessory dwelling unit are allowed on any lot with an existing or proposed single-family dwelling unit provided that the lot has adequate access to water and sewer or septic services, or as otherwise allowed per California Government Code Sections 66323(a)(1) and (2).
i.
A junior accessory dwelling unit is not considered a separate or new dwelling unit for purposes of providing service for water, sewer, or power, including calculation of a connection fee.
(2)
The maximum size of a detached accessory dwelling unit that is a studio or with one bedroom is 850 square feet and the maximum size of an accessory dwelling unit with more than one bedroom is 1,000 square feet.
(3)
The maximum size of an attached accessory dwelling unit is 1,000 square feet or 50% of the primary dwelling's living area, whichever is less, provided that at least 800 square feet is allowed.
(4)
The maximum size of a junior accessory dwelling unit is 500 square feet.
(5)
The size limits specified in this subsection do not apply when an accessory dwelling unit is created via conversion of existing floor area in an existing structure.
(b)
Placement on the Lot. Applications for an accessory dwelling unit shall be ministerially reviewed and approved by the Planning and Building Departments as provided in Section 10-1.1406 of this article. However, an application for an accessory dwelling unit, excluding conversions of existing floor area, in any of the following locations shall be required to obtain a site development permit pursuant to Section 10-2.301:
(1)
Areas encumbered by a recorded easement, including, but not limited to, access easements, conservation easements, general public easements, open space easements, pedestrian pathway easements and public utility easements;
(2)
Areas with slopes that meet or exceed 30%;
(3)
Areas within 25 feet of the top of a creek bank;
(4)
Areas within a geotechnical or seismic hazard zone. Review and approval of a geotechnical and/or geologic report prepared by a licensed geotechnical engineer or registered civil engineer is required in order to locate a structure within a geotechnical or seismic hazard zone;
(5)
Areas within the critical root zone of a heritage oak pursuant to Section 12-2.300. Review and approval of an arborist report prepared by a licensed or consulting arborist is required if a structure is proposed within the critical root zone of a heritage oak tree.
(c)
Occupancy.
(1)
An accessory dwelling unit or junior accessory dwelling unit may be rented separately from the primary dwelling unit.
(2)
An accessory dwelling unit or junior accessory dwelling unit shall be rented for a period of no less than 31 days and cannot be occupied as a short-term rental unit, as defined under Section 10-1.1202.
(3)
Accessory dwelling units and junior accessory dwelling units shall not be sold or otherwise conveyed separately from the primary dwelling on the property, unless the accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation, and all of the conditions set forth under Government Code Section 66341(b) — (e) have been satisfied.
(d)
Development Area and Floor Area.
(1)
An accessory dwelling unit is allowed up to 800 square feet of development area beyond the maximum development area permitted pursuant to Section 10-1.502.
(2)
An accessory dwelling unit is allowed up to 800 square feet of floor area beyond the maximum floor area permitted pursuant to Section 10-1.503.
(4)
The floor area limits specified in this subsection do not apply when an accessory dwelling unit is created via conversion of existing floor area.
(e)
Setbacks. An accessory dwelling unit shall comply with the following setback requirements:
(1)
Setbacks for an accessory dwelling unit are as follows:
i.
The front yard setback, which is measured from the edge of the property lines adjacent to the primary public or private street right-of-way or access easement, shall be 40 feet. This requirement shall not be construed to prohibit the construction of an accessory dwelling unit that is in compliance with other applicable requirements of this article.
(2)
The setback from side and rear property lines shall be at least four feet;
(3)
A setback from side and rear property lines of at least 30 feet is encouraged and can qualify the accessory dwelling unit for incentives pursuant to Section 10-1.1407;
(4)
All portions of an accessory dwelling unit, include eave overhangs and other projections, shall meet the required setbacks.
(f)
Height.
(1)
The maximum height of an attached accessory dwelling unit may be up to the maximum height for a primary dwelling unit pursuant to Section 10-1.504;
(2)
The maximum height of a detached accessory dwelling unit shall be one story and 16 feet on a lot with an existing or proposed primary dwelling unit.
(3)
For detached accessory dwelling units on a lot with an existing or proposed primary dwelling that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor as defined under Public Resources Code Section 21155, the maximum height shall be 18 feet, or 20 feet where necessary to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
(g)
Parking and Access. An accessory dwelling unit shall comply with the following parking and site access requirements:
(1)
Vehicular access to an accessory dwelling unit from the nearest public or private street shall be provided by a common driveway with the primary dwelling;
(2)
No parking shall be required for an accessory dwelling unit or the primary dwelling unit if the accessory dwelling unit application is submitted with the application to create the primary dwelling unit, for any of the following:
i.
When a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or conversion to, an accessory dwelling unit;
ii.
The accessory dwelling unit is located within one-half mile walking distance of public transit;
iii.
The accessory dwelling unit is located within an architecturally and historically significant historic district;
iv.
The accessory dwelling unit is converted from the proposed or existing floor area of the primary dwelling or an existing accessory structure;
v.
When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit;
vi.
When the accessory dwelling unit is within one block of a car share vehicle;
(3)
No additional on-site parking shall be required for a primary dwelling unit for the construction of a junior accessory dwelling unit.
(§ 2, Ord. 590, eff. August 21, 2020; § 1, Ord. 591, eff. October 17, 2020; Ord. 612, eff. 7/20/2024)
§ 10-1.1404 Design requirements.
An accessory dwelling unit shall be reviewed and approved without discretionary review or a hearing. As part of the planning department's ministerial approval, the following objective design requirements shall be confirmed:
(a)
The design of the accessory dwelling unit shall be as follows:
(1)
For a detached unit, it shall match the design of the primary dwelling by use of the same exterior wall materials, identified color tones, window types, door and window trims, roofing materials and roof pitch;
(2)
For attached units, it shall be constructed so that the entire structure appears to be one dwelling by use of the same building form, color tones, window types, and window and door trims;
(b)
For detached units that are within 30 feet of a side or rear property line, the exterior entrance shall not face a side or rear property line;
(c)
Exterior wall colors and materials shall have a light reflectivity value (LRV) of 50 or less and roof materials shall have a light reflectivity value (LRV) of 40 or less;
(d)
Exterior building light fixtures shall be shielded and downward facing, and limited to one exterior light fixture per exterior doorway, or the minimum necessary to comply with the California Building Standards Code.
(§ 2, Ord. 590, eff. August 21, 2020; § 1, Ord. 591, eff. October 17, 2020; Ord. 612, eff. 7/20/2024)
§ 10-1.1405 Building and construction.
An accessory dwelling unit shall be designed and constructed in compliance with all applicable requirements of the California Building Standards Code and local code amendments. In addition, the following requirements shall be confirmed:
(a)
An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation.
(b)
An accessory dwelling unit is only required to have fire sprinklers if they are required for the primary dwelling.
(c)
An accessory dwelling unit constructed with a new single-family dwelling on the same lot must be connected to the public sanitary sewer system or be connected to a private sewage disposal system that is deemed to be adequate by the Santa Clara County Department of Environmental Health.
(d)
All electrical and utility services to a new detached accessory dwelling unit shall be undergrounded.
(e)
If the existing primary dwelling on the property has overhead electrical and utility services, and no upgrades to the overhead service are required to serve the new accessory dwelling unit, then the utility service from the power pole to the primary dwelling is not required to be undergrounded.
(§ 2, Ord. 590, eff. August 21, 2020; § 1, Ord. 591, eff. October 17, 2020)
§ 10-1.1406 Permit review process.
Applications for an accessory dwelling unit must be submitted to the Building Department on a form and with information and materials as required by the Building Official and the Planning Director, and shall be approved or disapproved within 60 days after receiving the complete application. The applicant may request that the 60 day review period be waived.
(§ 2, Ord. 590, eff. August 21, 2020; § 1, Ord. 591, eff. October 17, 2020)
§ 10-1.1407 Incentives.
(a)
If a detached accessory dwelling unit provides a side and rear yard setback of at least 30 feet and provides at least one additional on-site parking space, it shall be eligible for the following incentives:
(b)
If an attached accessory dwelling unit provides at least one additional on-site parking space, it shall be eligible for the following incentive:
(§ 2, Ord. 590, eff. August 21, 2020; § 1, Ord. 591, eff. October 17, 2020)
§ 10-1.1408 Fees.
The City Council may establish and set by resolution all fees and charges, consistent with Government Code Sections 66314 et seq., and related provisions, as may be necessary to effectuate the purpose of this article.
(§ 2, Ord. 590, eff. August 21, 2020; § 1, Ord. 591, eff. October 17, 2020; Ord. 612, eff. 7/20/2024)
§ 10-1.1409 Accessory dwelling unit amnesty.
Owners of existing non-permitted accessory dwelling units which were constructed or otherwise in existence prior to December 31, 2019, may apply for a building permit to legalize the unit subject to conformance with the regulations in this article, the current California building standards code in effect at the time of the application, and such rules and regulations as may be adopted by resolution of the City Council. Notwithstanding the foregoing, an application for an accessory dwelling unit shall not be denied based on the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
(§ 2, Ord. 590, eff. August 21, 2020; § 1, Ord. 591, eff. October 17, 2020; Ord. 612, eff. 7/20/2024)
§ 10-1.1501 Purpose and intent.
The purpose of this article is to establish objective standards and regulations to govern the development of qualified Senate Bill No. 9 (2021) ("SB 9") subdivisions and development projects on single-family residential zoned properties within the Town of Los Altos Hills. The establishment of these regulations will result in the orderly subdivision and development of qualified SB 9 projects while ensuring that the new units are consistent with the semi-rural character of the Town and do not create any significant impacts with regards to public infrastructure or public safety. The regulations are established to implement the requirements under California Government Code Sections 65852.21 and 66411.7.
(§ 2, Ord. 610, eff. October 28, 2023)
§ 10-1.1502 Definitions.
For purposes of this article, the following definitions apply:
means an attached or a detached residential dwelling unit as defined by Section 10-1.1402 of this Code.
means any parcel of land that (1) adjoins another parcel by any portion of a shared property line; (2) is separated from another parcel at any point only by a public right-of-way, ingress-egress easement, or public or private easement; or (3) is separated from another parcel only by other real property which is in common ownership or control of the same owner or development project applicant
means restrictive covenants that run with the land and bind upon successive owners that protects against future development such as preservation of open space, scenic, riparian, historical, agricultural, forested, or similar conditions. Open space and riparian easements are included in this definition.
means an ADU, a JADU, a primary dwelling, and an SB 9 unit, as applicable.
means a primary dwelling or other dwelling unit on a parcel that exists prior to any voluntary demolition or reconstruction or remodel where no more than 50% of the exterior wall framing has been removed or altered. Any existing dwelling unit where more than 50% of the exterior wall framing has been removed is considered a new dwelling for purposes of this article.
means a dwelling unit as defined by Section 10-1.1402 of this Code.
means the portion of a lot which connects the buildable section of the lot to a public or private vehicular right-of-way.
means designated pedestrian, equestrian, and/or bicycle routes as shown on the Pathway Master Plan of the Town.
means a road, way, or street in private ownership and under private maintenance, not offered for dedication as a public road, way, place, or street, which affords the principal means of access to three or more lots or parcels which do not have frontage on a public street.
means a dwelling unit that seeks to use or is developed using the provisions in this article and the provisions identified in California Government Code Sections 65852.21 and 66411.7.
means single-family residential lots created from an SB 9 lot split.
(§ 2, Ord. 610, eff. October 28, 2023)
§ 10-1.1503 SB 9 lot split eligibility.
Any parcel within the Residential-Agricultural (R-A) zoning district meeting the requirements of this article and Article 16 of Chapter 1, Title 9 of this Code is eligible for SB 9 lot split, except under the following circumstances:
(a)
Any parcel that was established through a prior exercise of SB 9 lot split as provided for in this article.
(b)
Any parcel proposing to be subdivided that is adjacent to another parcel where either the owner of the parcel proposing to be subdivided or any person acting in concert with said owner has previously subdivided that adjacent parcel using the provisions in this article. For the purposes of this article, "any person acting in concert" with the owners includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the property owner.
(c)
Any parcel located within an historic district or included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a parcel within a site that is designated or listed as a Town of Los Altos Hills or Santa Clara County landmark or historic property or district pursuant to a Town of Los Altos Hills or Santa Clara County ordinance.
(d)
Any parcel where SB 9 lot split would require the demolition or alteration of any of the following types of housing:
(1)
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(2)
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
(3)
A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(4)
Housing that has been occupied by a tenant in the last three years.
(e)
Any parcel fully encumbered with a conservation easement or identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), or other adopted natural resource protection plan.
(f)
Any parcel that is designated prime farmland or farmland of Statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure.
(g)
Any parcel containing wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993), that would prevent the development of the parcel.
(h)
Any parcel within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subsection does not apply to parcels that have been excluded from specific hazard zones by actions of the Town pursuant to Government Code Section 51179(b), or parcels that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(i)
Any parcel with a hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
(j)
Any parcel within a special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by the FEMA. However, an SB 9 lot split and/or development project may be located on a parcel described in this subsection if (i) the parcel is otherwise eligible for approval under the provisions of this article; and (ii) the project applicant is able to satisfy all applicable Federal qualifying criteria demonstrating either of the following is met:
(1)
The site has been subject to a letter of map revision prepared by the FEMA and issued to the Town.
(2)
The site meets FEMA requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(k)
Any parcel within a regulatory floodway as determined by the FEMA in any official maps published by the FEMA, unless the SB 9 lot split and/or development project has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
(l)
Any parcel containing habitat for protected species identified as candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(§ 2, Ord. 610, eff. October 28, 2023)
§ 10-1.1504 Objective development standards for SB 9 lot splits.
The following objective standards and regulations apply to all SB 9 lot splits:
(a)
The subdivision shall create no more than two new parcels of approximately equal area provided that one parcel shall not be smaller than 40% of the lot area of the original parcel proposed for subdivision. In no instance shall any resulting parcel be smaller than 1,200 square feet in area.
(b)
Where noted, the requirements of this Section 10-1.1504 shall be waived by the Community Development Director if the applicable regulation at issue would physically preclude the construction of two SB 9 units on either resulting parcel or would result in an SB 9 unit from being less than 900 square feet in floor area. All such waivers made by the Community Development Director shall be final.
(c)
No more than two dwellings shall be permitted on an SB 9 lot. For the purposes of this subsection, "dwelling unit" means a primary dwelling, an SB 9 unit, an accessory dwelling unit or junior accessory dwelling unit.
(d)
Existing parcels shall be split approximately perpendicular to the longest contiguous property line. Resulting lots shall have a maximum depth to width ratio of three to one (3:1). However, this requirement shall be waived if the subdivider demonstrates that it would prohibit an SB 9 lot split that otherwise meets the requirements of this article.
(e)
The front parcel line of any newly created parcel shall be the parcel line that is closest to or parallel to the public or private road that serves the parcel.
(f)
A 20 foot wide panhandle (for a flag lot) or an ingress/egress easement shall be provided for all new parcels that do not have direct frontage on a public or private road. Driveway access to the new parcels shall be shared as identified in Figures 1, 2, and 3, unless the new driveways are a minimum of 100 feet apart. No more than one driveway cut is permitted for each parcel.
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(g)
Easements for access and public and private utilities shall be provided for any newly created parcel that does not front on a public or private street.
(h)
Separate utility meters shall be provided for each parcel prior to recordation.
(i)
All newly created parcels shall be connected to public sewer or provide a private onsite wastewater treatment system (OWTS) that is fully contained within the new parcel boundaries to be approved by the Santa Clara County Environmental Health Department.
(j)
No setbacks shall be required for an existing structure on the parcel from a proposed parcel line. For the purposes of this article, existing dwelling units or accessory structures may be demolished and reconstructed as new units pursuant to the ministerial approval process of this article to the same or lesser massing and dimensions of the previously existing dwelling or accessory structure at the same location and within the same building footprint. Roof decks and balconies are permitted if reconstructed in the same location and orientation. However, in no event shall any reconstruction increase the height, floor area, development area, or setbacks of the prior existing dwelling or structure.
(k)
In the event that an applicant desires to demolish and reconstruct an existing dwelling unit or accessory structure, the applicant shall apply for a demolition permit with the Town concurrently or after submitting an application pursuant to this article, and shall submit with the demolition permit application a predemolition survey prepared by a licensed surveyor or civil engineer and as-built plans and elevations of the existing dwelling or structure prepared by a licensed architect. All other accessory structures that are not primary or secondary dwellings shall be reviewed by the applicable hearing body pursuant to pursuant to the provisions of Article 3, Chapter 2 of Title 10 of this Code.
(l)
An SB 9 lot split is subject to all impact or development fees related to the creation of a new parcel pursuant to Title 9 of this Code and any applicable fee schedules adopted by the City Council and most currently in effect.
(§ 2, Ord. 610, eff. October 28, 2023)
§ 10-1.1505 Objective development standards for SB 9 units.
The following objective standards and regulations apply to the development of SB 9 units:
(a)
Number of Units Permitted.
(1)
For parcels not created through an SB 9 lot split, the following unit types and count shall be permitted on one parcel:
(2)
For SB 9 lots, the following unit types and count shall be permitted:
(i)
Up to two dwelling units, consisting of existing or proposed (including reconstruction pursuant to Section 10-1.1504(j) of this Code) primary dwellings or SB 9 units; or
(ii)
Up to two SB 9 units.
(3)
No ADUs and JADUs are permitted.
(b)
Unit Size and Construction. The maximum size and development area for one SB 9 unit shall be 900 square feet with a maximum height of 16 feet. The maximum development area (MDA) permitted on an SB 9 lot shall be the maximum floor area (MFA) plus an additional 2,100 square feet.
For any vacant SB 9 lot with an MFA of less than 1,800 square feet, the parcel shall be allowed to construct up to two SB units with a maximum size of 900 square feet and a height of 16 feet each. For an SB 9 lot with one existing residence exceeding the MFA of the parcel, 900 square feet of floor area and development area shall be excluded from the MFA and MDA. For parcels not created through an SB 9 lot split, 900 square feet of floor area and development area for the construction of SB 9 units shall be excluded from the maximum floor area and development area. No basement, bunker, or roof deck shall be permitted in any of the foregoing developments.
(c)
Setbacks. The minimum front yard setback for any new SB 9 dwelling unit shall be 40 feet measured from any point of the architecture extrusions, including roof eaves and permanent wall features to the front parcel line or a public or private road right-of-way and four feet from the side and rear parcel lines. In addition, all outdoor patios, covered patios, decks, and other hardscape, except walkways as defined in Section 10-1.202, shall meet the standard 40 foot front and 30 foot side and rear setbacks as set forth under Section 10-1.505. Notwithstanding the foregoing, no setback shall be required for a dwelling unit proposed pursuant to this article that is constructed in the same location and to the same dimensions as an existing structure on the parcel in accordance with Section 10-1.1504(j).
(d)
Structures shall not be located in the following locations:
(1)
In areas encumbered by a recorded easement, including, but not limited to, public utility easements, conservation easements, access easements, equestrian easements, general public easements, pathway easements, and open space easements;
(2)
In areas within 25 feet of the top of a creek bank;
(3)
Within 10 feet of a parcel line where a pathway is designated on the adopted Pathway Master Plan for the Town of Los Altos Hills;
(4)
Areas with slopes greater than 30%.
(e)
Required Parking. One on-site parking space is required per SB 9 unit as follows:
(1)
The parking space may be covered or uncovered and shall be at least 10 feet wide by 20 feet deep.
(2)
The space may be provided as tandem parking on a driveway or located in a setback area, unless specific findings are made by the Community Development Director that parking in a setback area or as tandem is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(3)
The parking space shall not encroach into a required fire truck turnaround or obstruct the driveway access to the primary dwelling.
(4)
However, no parking shall be required in either of the following circumstances:
(i)
The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(ii)
There is a car share vehicle located within one block of the parcel.
(f)
Heritage Oak Tree Removal. If an SB 9 unit development project proposes to remove, or damages in the course of construction, a heritage oak tree, the applicant shall be required to provide replacement trees in accordance with the following:
(1)
For a heritage oak tree between 12 and 18 inches in trunk diameter: replacement of two 24 inch box California native oak trees.
(2)
For a heritage oak tree between 18 and 24 inches in trunk diameter: replacement of three 24 inch box California native oak trees.
(3)
For a heritage oak tree greater than 24 inches in trunk diameter: replacement of four 24 inch box California native oak trees.
(g)
Development Incentives for SB 9 Units on Parcels Meeting Certain Requirements. If an SB 9 unit is proposed to be constructed to meet the 40 foot front and 30 foot side and rear setbacks as set forth under Section 10-1.505, and if the applicant or property owner proposes to dedicate to the Town all of the following as applicable: (i) for any parcel, a public right-of-way interest pursuant to Section 9-1.703; (ii) for a parcel with a slope equal to or exceeds 30%, an open space easement covering the entire sloped area; (iii) for a parcel containing a creek identified in the General Plan, an open space easement providing at least a 25 foot buffer zone from the top of the creek bank; or (iv) for a parcel with a proposed pathway identified on the Town's Pathway Master Plan, a pathway easement of at least 10 feet in width covering the identified pathway segment, then any SB 9 unit constructed on the parcel shall receive development incentives as described below and subject to the following:
(1)
The maximum floor area (MFA) and maximum development area (MDA) permitted on the parcel shall be calculated in accordance with the requirements of the underlying zoning district per Sections 10-1.502 and 10-1.503.
For parcels with a lot unit factor (LUF) as defined under Section 10-1.202 less than or equal to 0.5, the maximum size of one SB 9 unit shall not exceed 2,000 square feet. For parcels with a lot unit factor (LUF) as defined under Section 10-1.202 greater than 0.5, the maximum size of one SB 9 unit shall not exceed 3,000 square feet.
For SB 9 lots with a lot unit factor (LUF) as defined under Section 10-1.202 less than or equal to 0.5, up to 2,000 square feet or the maximum floor area of the lot minus 900 square feet, whichever is less, shall be available for the development of one SB 9 unit. For SB 9 lots with a lot unit factor (LUF) as defined under Section 10-1.202 greater than 0.5, up to 3,000 square feet or the maximum floor area of the lot minus 900 square feet, whichever is less, shall be available for the development of one SB 9 unit.
(2)
The maximum height of an SB 9 unit shall be 16 feet.
(3)
A basement shall be permitted for SB 9 units subject to the requirements of Section 10-1.202 and the setback requirements under Section 10-1.505, which shall also apply to any light wells and roof eaves. Additionally, if any portion of the basement is visible above ground level, then the entire square footage of said basement shall be included in the calculation of maximum floor area for the lot pursuant to Section 10-1.503.
(4)
Required parking for an SB 9 unit shall be as follows, based on the proposed floor area of said unit. All spaces shall be at least 10 feet wide by 20 feet deep. No more than seven parking spaces shall be required on one lot.
Floor Area | Number | Forms | Setbacks |
|---|---|---|---|
Under 1,000 square feet | 1 | uncovered | Permitted in the setback areas |
1,000 to 1,600 square feet | 2 | uncovered | One space may be located in the setback areas; all other spaces shall be outside the 40-foot front and 30-foot rear and side setbacks |
1,600 to 2,400 square feet | 3 | uncovered | |
2,400 to 3,000 square feet | 4 | 2 covered | |
2 uncovered |
(5)
Any SB 9 unit receiving a development incentive pursuant to this subsection (g) shall comply with the 40 foot front and 30 foot side and rear setbacks as set forth under Section 10-1.505.
(6)
For any SB 9 unit receiving a development incentive pursuant to this subsection (g), trees and shrubs shall be provided as landscape screening within the 40 foot front and 30 foot rear and side setback areas as follows: maximum spacing for existing and proposed screening trees shall be 25 feet on center and 10 feet on center for existing and proposed screening shrubs. All new screening trees shall be California-native evergreen trees of at least 24 inch box size, and all screening shrubs shall be California-native evergreen shrubs of at least 15 gallon box size. However, the foregoing landscape screening shall not be required or located in a recorded easement area, except for open space easements, including, but not limited to, a driveway or ingress-egress easement, public utility easements, areas for septic systems, and within 25 feet from the top of bank of creeks.
(h)
Driveways and Access. All dwelling units on a parcel shall be served by a common driveway from the nearest public or private street. Driveway access to all new units shall be compliant with the Santa Clara County Fire Department standard details and specifications for driveways and turnarounds.
(i)
Sewer Connection. All newly created dwelling units shall be connected to public sewer or provide an onsite wastewater treatment system (OWTS) approved by the Santa Clara County Department of Environmental Health.
(j)
Occupancy Requirements. An SB 9 unit may be rented separately from the primary dwelling unit. However, no SB 9 unit shall be rented for a period of less than 31 days and cannot be occupied as a short-term rental unit, as defined under Section 10-1.1202.
(k)
Development projects pursuant to this article shall be subject to all impact or development fees related to the development of a new dwelling unit.
(l)
Notwithstanding the foregoing, no housing development project shall be permitted on a site pursuant to this article if the underlying parcel falls within any provision under Section 10-1.1503(c) through (l).
(m)
Where noted, the requirements of this Section 10-1.1505 except for the requirement under subsection (d)(1) above shall be waived by the Community Development Director if the applicable regulation at issue would physically preclude the construction of two SB 9 units on the parcel or would result in an SB 9 unit from being less than 900 square feet in floor area. All such waivers made by the Community Development Director shall be final.
(§ 2, Ord. 610, eff. October 28, 2023)
§ 10-1.1506 Objective building and design requirements for SB 9 units.
All SB 9 units shall be reviewed and approved without discretionary review or public hearing. As part of the Planning Department's ministerial approval, the following requirements shall be confirmed for SB 9 unit developments and construction:
(a)
All SB 9 units shall comply with applicable requirements of the California Building Standards Code, including, but not limited to, the Residential Code and the Fire Code.
(b)
Proposed grading for SB 9 unit development and associated site improvements shall not exceed the vertical cuts and fills thresholds listed as below:
Cut | Fill | |
|---|---|---|
House and Garage | 8′ | 3′ |
Driveway | 10′ | 5′ |
Fire Truck Turnaround | 7′ | 5′ |
Patio and Yards | 4′ | 3′ |
(c)
No site grading shall be permitted within 10 feet of any property line and public or private road right-of-way easements, except such grading is permitted for the construction of pathways; to allow access for driveways where they cross a property line; within a panhandle; or for the construction of an SB 9 unit within five feet of the building footprint within the parcel.
(d)
The height of lowest finished floor(s) of a structure shall not be set in excess of four feet six inches above the existing grade, to ensure that structures step with the slope. Supported decks shall not exceed three feet above adjoining grade except where located within six feet of an exterior wall of a building.
(e)
For detached units proposed or expanded to be greater than 900 square feet in floor area, the exterior materials and design shall match the design of any existing primary dwelling unit on the parcel through the use of the same exterior wall materials, identified color tones, window types, door and window trims, roofing materials and roof pitch.
(f)
For an attached unit, the exterior materials, windows and other architectural features shall match the existing structure by employing the same building form, color tones, window design, door and window trims, roofing materials and roof pitch.
(g)
Detached units shall maintain no less than 10 foot separation, inclusive of eaves, measured from the exterior walls.
(h)
All operable doors, outdoor steps, landings, railings, HVAC equipment attached to a dwelling, propane tanks, generators, water collection tanks, hardscape, storage for trash receptacles, above-ground backflow preventer valves and temporary construction equipment shall be located at least 10 feet away from any property line. Operable doors shall not be located within 10 feet of the property line.
(i)
No exterior entrance shall face the rear or side property lines if the distance is less than 30 feet between the entrance and the property line that the entrance faces.
(j)
Windows shall not occupy more than 33% of any façade of an SB 9 unit. Prior to issuance of certificate of occupancy, windows shall install "privacy glass" if the distance between the windows and the property line is less than 10 feet. However, privacy glass shall not be required if a window is situated six feet or higher measured from the finish floor to the bottom of windowsills.
(k)
Exterior wall colors and materials shall have a light reflectivity value (LRV) of 50 or less and roof materials shall have a light reflectivity value (LRV) of 40 or less. All metal roofs shall conform to a color specified in Exhibit A of the Metal Roofing Policy approved by the Planning Commission and most currently in effect.
(l)
Exterior building lighting shall be fully shielded and downward facing and limited to one exterior light fixture per exterior doorway, or the minimum necessary to comply with the California Building Standards Code.
(m)
The following lighting features are permitted, and light emission and color temperatures of any light bulbs used shall be limited as follows:
Maximum Light Emission (Lumens, Φv) | Maximum Color Temperature (Kelvin, K) | |
|---|---|---|
Path Lights | 200 | 2700 |
Step Lights | 110 | 2700 |
Exterior Wall Scones | 600 | 3000 |
Recessed Ceiling Lights | 600 | 3000 |
Pendant Lights | 600 | 3000 |
Gate Lights | 600 | 3000 |
Temporary Construction Lighting | 500 | 3000 |
(n)
Recessed lights and downlights shall not be installed in second floor roof eaves. Such lights in first floor eaves shall be located over entryways, garage doors, and patio doorways only. Recessed lights and downlights in first floor roof eaves shall be positioned so that the light cone does not shine down into a neighboring property. No lighting shall be placed at or near the peak of the roof line of a one- or two-story gabled roof.
(o)
Pathway and driveway lighting shall be fully shielded fixtures, directed downward and no taller than 18 inches. The spacing between pathway lights shall be 20 feet on center.
(p)
Garage door windows, panels, or other openings shall not emit light more than 30% of the door's surface area. The emitting light shall be translucent, allowing no more than 30% of the interior light emission to pass through to the outside.
(q)
Notwithstanding subsection (l) above, the following outdoor lighting types are prohibited:
(1)
Any light beams that emits or stretches beyond the aerial space defined by the property lines.
(2)
Up-lighting of any kind.
(3)
Wall wash lighting of exterior walls.
(4)
Visible LED lighting strips, tape lights, and bistro lights.
(5)
Bistro lights, pendant lights, and any similar lighting fixtures hung down from or hung amongst trees.
(6)
Tree lights.
(r)
Only two landscape lights shall be permitted to locate within the 30 and 40 foot setback areas set forth under Section 10-1.505.
(s)
All SB 9 units are required to have fire sprinklers. A solid (no openings) one-hour fire wall shall be required between an SB 9 unit, the primary dwelling, an ADU, or any two units configured as a duplex on a parcel. No internal accesses are permitted between the SB 9 units and other dwelling units. In addition, a deed restriction in a form approved by the City Attorney's office shall be recorded stipulating that the duplex shall be maintained as two separate units.
(t)
For the purposes of identifying a heritage oak as defined in Section 12-2101 of this Code, an arborist report prepared by an International Society of Arboriculture (ISA) certified arborist shall be submitted by the applicant if construction is proposed within the driplines of any trees with trunk diameters of 12 inches or greater to be preserved.
(u)
No roof decks are permitted on SB 9 dwelling units. A hedge, consisting of 15 gallon minimum evergreen shrubs and at a minimum four feet in height, shall be planted and maintained inside the parcel line (and outside of any recorded easement area) at six foot intervals adjacent to the wall of the SB 9 dwelling unit located closer than 10 feet from the side and rear property lines.
(v)
A Water Efficient Landscape Ordinance (WELO) Worksheet of the Town shall be submitted by the applicant for any proposed landscape associated with SB 9 units. The applicant shall furnish to the Town a landscape maintenance and water usage deposit in the amount based on the Town's adopted fee schedule most currently in effect. For two years after completion of the project, Town staff shall review water usage for the parcel and conduct a site inspection to ensure any installed landscape features and screening remain in existence and continue to be adequately maintained. The deposit shall be applied towards remedying insufficient or removed landscape screening or water usage greater than the annual usage indicated on the approved parcel water budget worksheet.
(w)
All electrical and utility services to a new dwelling unit shall be undergrounded.
(x)
All basements within a dwelling unit shall include at least one emergency escape/rescue opening as required by the applicable provision of the California Building Code. In addition, each bedroom located in the basement within a dwelling unit shall require a light well with dimensions of three feet by nine feet, extending maximum three feet from the exterior wall, and meeting the requirements for ingress and egress under the California Building Code (CBC) or California Residential Code (CRA).
(y)
Notwithstanding the foregoing subsections, any development or design standards, except for requirements of any provisions of the California Building Standards Code, including, but not limited to, the Residential Code and the Fire Code, that would physically preclude the construction of up to two SB 9 units on the parcel or that would physically preclude an SB 9 dwelling unit from being 900 square feet in floor area shall be waived by the Community Development Director. All such waivers made by the Community Development Director shall be final.
(§ 2, Ord. 610, eff. October 28, 2023)
§ 10-1.1507 Adoption of fees and charges.
The City Council may establish and set by resolution all fees and charges, consistent with Government Code Sections 65852.2 and 65852.22, and related provisions, as may be necessary to effectuate the purpose of this article.
(§ 2, Ord. 610, eff. October 28, 2023)