HomeMy WebLinkAbout3.4 ITEM 3.4
TOWN OF LOS ALTOS HILLS July 7, 2016
Staff Report to the Planning Commission
SUBJECT: INTRODUCTION OF AN AMENDMENT TO SECTIONS 10-1-503 AND 10-
1.1007 OF THE LOS ALTOS HILLS MUNICIPAL CODE MODIFYING
DEVELOPMENT REGULATIONS FOR SUBSTANDARD LOTS; FILE #342-
15-MISC
FROM: Suzanne Avila, AICP, Planning Director
RECOMMENDATION That the Planning Commission:
Forward a recommendation to the City Council for approval of Zoning Ordinance amendments
adding'a Floor Are Ratio limit for substandard lots and findings for setback variances.
BACKGROUND
.On:May-21,2015 the City Council discussed,concerns about development of small lots and decided
to study the issue., The Council,directed that.a Planning Commission Subcommittee be formed to
with staff to evaluate existing ;ordinances and provide a recommendation on changes to
development regulations for substandard lots (lots less than one acre in size)with an emphasis on
small lots (lot of 0.50 acre or less).
On September 15, 2015 a Planning Commission Study Session was held to present alternative
approaches to regulation of floor area for substandard lots and additional findings for setback
variances, and to receive public input. Notice of the study session was mailed to property owners
Town-wide. Following the Study Session the Subcommittee reconvened to discuss modifications
to the draft Zoning Ordinance amendments based on comments received from the public and other
Planning Commissioners.
On December 3, 2015 the Planning Commission held a public hearing to consider revised
ordinance amendments and received additional public testimony. The Commission forwarded a
recommendation to the City Council for adoption of Zoning Ordinance amendments to add setback
variance findings and a Floor Area Ratio (FAR)'limit.
On February 18, 2016 the City Council considered the proposed amendments and remanded the
matter back to the Planning Commission for further consideration, including a recommendation
on grandfathering of floor area on small lots that are developed in excess of a 0.18 FAR.
On May 23,2016 the City Council and Planning Commission held a joint study session to discuss
issues related to development of substandard lots and grandfathering. It was determined that
existing Municipal Code provisions for nonconforming development is adequate to address
redevelopment of small lots that are currently developed in excess of the 0.18 FAR. The Council
directed the Planning Commission to hold a public hearing and forward a recommendation on the
proposed Zoning Ordinance amendments.
Staff Report to the Planning Commission
Development of Substandard Lots
July 7,2016
Page 2 of 2
DISCUSSION
In developing the proposed Zoning Ordinance amendments, the Planning Commission
Subcommittee considered the following means of regulating floor area, bulk and the mass of
homes on substandard lots:
• Modification of the Lot Unit Factor(LUF) formula
• Development of a Floor Area Ratio (FAR)
• Use of a building circle to determine allowable floor area
• Reduction of setbacks based on lot size
• Reduction of allowable building height based on lot size and/or proposed setbacks
Rather than proposing reduced setbacks for small lots, the Subcommittee developed a new set of
findings to be used when a setback variance is requested (see Attachment 1). These findings will
be required to be made in addition to the existing variance findings.
The Subcommittee also recommends the application of a Floor Area Ratio (FAR) limit for
substandard lots. FAR is a percentage of allowable floor area related to the lot size. An applicant
with a substandard lot will be required to calculate the Maximum Floor Area (MFA) using both
the applicable LUF based formula and the adopted FAR limit, and the more restrictive of the two
numbers will be applied. A FAR range of 0.14 to 0.20 was considered.
At the December 3, 2015 meeting the Planning Commission recommended adoption of a FAR of
0.18. The proposed FAR did not change based on the presentation and discussion at the May 23
Council-Commission Joint Study Session.
ATTACHMENTS
1. Draft Ordinance(seven pages)
ATTACHMENT 1
ORDINANCE
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING
SECTIONS 10-1.503 AND 10-1.1007(2) OF THE LOS ALTOS HILLS
MUNICIPAL CODE ESTABLISHING A FLOOR AREA RATIO LIMIT FOR
SUBSTANDARD LOTS AND ADDING SETBACK VARIANCE FINDINGS
WHEREAS,the Town of Los Altos Hills ("Town")has an overriding interest in planning
and regulating the use of property within the Town. Implicit in any plan or regulation, is the
Town's interest in maintaining the overall quality of life in the community by ensuring that
development patterns are consistent with the Town's policies and character; and
WHEREAS, Goal 1 of the Town's General Plan Land Use Element is to maintain the
semi-rural character of the community while providing for residential uses and open space; and
WHEREAS,to support Land Use Element Goal 1, the Town's General Plan incorporates
Land Use Policy 1.1, which provides that uses of land shall be consistent with the semi-rural
atmosphere of the community, minimize disturbance to natural terrain, minimize removal of the
natural vegetation, and create the maximum compatibility of development with the natural
environment through site design and landscaping; and
WHEREAS, Goal 1 of the Town's General Plan is further served by the Land Use
Designations for setbacks that regulate the placement of buildings with respect to property lines in
order to provide a maximum amount of open space between buildings on adjacent parcels and
between buildings and street rights-of-way and such setback requirements are codified in Los Altos
Hills Municipal Code Title 10, Chapter 1; and
WHEREAS, Goal 2 of the Town's General Plan Land Use Element is to ensure that all
development occurs in a manner that minimizes disturbances to natural terrain, vegetation and
wildlife, and maximizes the preservation of natural resources and open space; and
WHEREAS,to support Land Use Element Goal 2, the Town's General Plan incorporates
Land Use Policy 2.2, which provides that residential densities shall be guided by considerations
of topography, vegetative cover and significant physical limitations inherent in the natural
environment; and
WHEREAS, lot unit factor ("LUF") is a metric that the Town uses to calculate the
appropriate amount of development for a particular lot based on the average slope and net area;
and
WHEREAS, the Town's Zoning Code requires an owner to obtain a conditional
development permit prior to development of a lot with an LUF of less than .5; and
WHEREAS, it is in the interests of the health, safety, and welfare of the residents of the
Town of Los Altos Hills to maintain the low density,rural atmosphere of the community through
the provision of regulations which do not allow for the overdevelopment of substandard lots; and
WHEREAS,the Planning Commission of the Town of Los Altos Hills conducted a study
session on September 15, 2015 and a public hearing on December 3, 2015 and on a 4-1 vote,
recommended that the City Council adopt a floor area ratio limit of 0.18 for substandard lots and
additional setback variance findings; and
WHEREAS, the City Council of the Town of Los Altos Hills finds that this project is
exempt from California Environmental Quality Act (CEQA) pursuant to "general exemptions"
described in Section 15061(b)(3) of the CEQA Guidelines, since the ordinance would not have
any significant effects on the environment.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby
ORDAIN as follows:
SECTION I. FINDINGS.
Based on the entirety of the record as described above, the City Council for the Town of
Los Altos Hills hereby makes the following findings:
1. The foregoing recitals are true and correct and made a part of this Ordinance.
2. This project is exempt from California Environmental Quality Act (CEQA)
pursuant to "general exemptions"described in Section 15061(b)(3)of the CEQA Guidelines,since
the ordinance would not have any significant effects on the environment.
3. The proposed Zoning Ordinance amendments are consistent with the adopted
General Plan because limiting floor area on substandard lots is compatible with the low density,
semi-rural atmosphere of the community. None of the amendments will conflict with or impede
achievement of any of the objectives, goals, policies, programs, or general land use designations
established in the General Plan and are compatible with such General Plan objectives, policies,
general land uses, and programs.
SECTION II. AMENDMENTS.
The City Council hereby amends the following sections of the Los Altos Hills Municipal Code to
read as follows. Sections and subsections that are not amended by this ordinance are not included
below, and shall remain in full force and effect.
1. Section 10-1.503 Floor area is hereby amended to read as follows:
Except as provided in subsections(c), (d) and 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)Q 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.
j(b) Floor Area.Floor area shall be measured as defined in Section 10-1.202 of this title.
�b (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(b)(1),(b)(2)and(b)(3)of this section:
(1) For parcels or lots where S is equal to or less than ten(10)percent:
MFA=LUF x 6,000 square feet
(2) For parcels or lots where S is greater than ten (10) percent and less than
thirty(30)percent:
MFA=LUF x [6,000-50(S-10)] square feet
(3) For parcels or lots where S is equal to or greater than thirty(30)percent:
MFA=LUF x 5,000 square feet
(c) Floor Area Ratio Limit. The floor area ratio limit equals floor area in square
feet divided by net lot area in square feet as defmed in Section 10-1.202 of this
title. For substandard lots (lots with a net area less than 1.00 acre), a Floor
Area Ratio Limit of 0.18 applies. The maximum floor area using this limit is
calculated by multiplying the net lot area by a factor of 0.18. The maximum
floor area for substandard lots shall be determined by calculating both the
LUF based MFA defmed in subsection (b) and the floor area ratio limit based
MFA defmed in this subsection; the lower of the two numbers shall be the
maximum floor area allowed.
(d)(e) Minimum MFA. The allowable floor area on any parcel or lot shall not be reduced
to less than five thousand (5,000) square feet by application of the provisions of
this section, except as set forth in subsection (c) or (f) 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 five thousand (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 five thousand(5,000)square feet or a floor area ratio
limit of 0.18, whichever is less. The Site Development Authority may approve
floor area of up to two thousand five hundred(2,500)square feet for any lot without
requiring a variance, so long as the findings for a Conditional Development Permit
are made.
j(d) For any lot on which substantial areas of slope in excess of thirty (30) percent
constrain the allowable floor area for the site,the lot unit factor and maximum floor
area maybe 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 one hundred sixty(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.
f (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)
2. Section 10-1.1007(2) Variances-Approval-Conditions is hereby amended to read as
follows:
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).tel and fJ 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 (4)
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) Findings for setback variance. The Staff Committee or PlanningCommission
may grant a requested setback variance in whole or in part only if from the
application or the facts presented at the public hearing, it can affirmatively find
that one or more of the following requirements has been met in addition to the
findings in subsection (b):
(1) The setback encroachment conforms with existing legal nonconforming
setbacks existing on this lot; or
(2) The setback encroachment is minimal and provides significant
accommodation of site-specific building constraints while still fitting into
the neighborhood context; or
(3) The setback encroachment is necessary due to unique site characteristics,
the semi-rural character of the town will be maintained, and there will not
be a significant adverse impact on neighboring properties.
�( 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.
.(e_2( ) The Staff Committee shall act as the permitting body for all applications involving
the following:
(1) Maximum Development Area(MDA). Requests to exceed MDA bye two
hundred f�yt (500 250)square feet or less;
(2) Maximum Floor Area(MFA). Requests to exceed MFA by one hundred fifty
(150) square feet or less;
(3) Setbacks. Requests for encroachments into any setback of two (2)feet or less
and measuring one hundred fifty(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).
fJ(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 two hundred fifty(250) square feet;
(2) Maximum Floor Area (MFA). Requests to exceed MFA by more than one
hundred fifty(150) square feet;
(3) Setbacks. Requests for encroachment into any setback of more than two (2)
feet ed or measuring more than one hundred fifty(150) square feet of
floor area;
(4) Height. All requests for height envelope encroachments, to exceed
maximum height of twenty-seven(27) feet and/or to exceed special height
limitation of thirty-five(35) feet;
(5) Others. All other variance applications not specified above, and any
applications referred to the Planning Commission by the Zoning
Administrator. The following primary uses shall be permitted in the
Residential-Agricultural District:
SECTION III. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance
is held invalid or unconstitutional, the remainder of this ordinance, including the application of
such part or provision to other persons or circumstances shall not be affected thereby and shall
continue in full force and effect. To this end,provisions of this ordinance are severable. The City
Council of the Town of Los Altos Hills hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that
any one or more sections, subsections, subdivisions,paragraphs, sentences, clauses, or phrases be
held unconstitutional, invalid, or unenforceable.
SECTION IV. EFFECTIVE DATE AND PUBLICATION.
This ordinance shall take effect thirty (30) days after adoption. Within fifteen days after
the passage of this ordinance the City Clerk shall cause this ordinance or a summary thereof to be
published once, with the names of those City Councilmembers voting for or against it in a
newspaper of general circulation in the Town of Los Altos Hills, as required by law.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
BY:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney