HomeMy WebLinkAbout06-89 • • •
RESOLUTION NO. 6-89
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF
LOS ALTOS HILLS CALLING A SPECIAL ELECTION TO BE HELD IN
THE TOWN OF LOS ALTOS HILLS ON JUNE 6, 1989; REQUESTING
SERVICES OF REGISTRAR OF VOTERS; AND REQUESTING
CONSOLIDATION OF ELECTIONS AND SPECIFYING CERTAIN
PROCEDURES FOR THE CONSOLIDATED ELECTION
RESOLVED, by the City Council of the Town of Los Altos Hills, County
of Santa Clara, State of California, that
WHEREAS, the City Council desires to submit the Proposition herein
more particularly set forth to the electors of the Town of Los Altos Hills at a
Special Election to be called for that purpose, and
WHEREAS, the Ordinance to which the Proposition refers and which is
being submitted to the electors of the Town is set forth in Exhibit "A"
attached hereto and incorporated into and made a part of this Resolution by
reference,
NOW, THEREFORE, BE IT FURTHER RESOLVED AND ORDERED BY THE
CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS as follows:
1. Pursuant to Elections Code Sections 2500(3), 2502, 2650 and
22807, a Special Election hereby is called to be held in and for the Town of
Los Altos Hills on Tuesday,June 6, 1989, for the purpose of submitting to the
qualified voters of the Town of Los Altos Hills the following Proposition, to
wit:
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PROPOSITION:
• Shall the Ordinance of the Town of Los
Altos Hills amending the Town General
Upper Neary Quarry Lands Plan and Zoning Law to restrict the
number of single family homes which
Development Regulations could be built on lots having a
minimum net area of ten acres each
and Limitations on the Upper Neary Quarry Lands in
the event of their annexation to the
TOWN, and prohibiting either
clustering or siting homes on ridgelines
or hilltops, limiting height, restricting
maximum development area and floor
area, and requiring dedication of
conservation easements, be adopted?
2. The City Council does hereby designate and refer to the Proposition
set forth in Section 1 of this Resolution as the Proposition to be set forth on
the ballots prescribed for use at the Special Municipal Election to be held on
June 6, 1989.
3. The City Clerk shall publish Notice of the measure to be voted on at
said Election as required by Elections Code Section 22835.
4. Pursuant to Elections Code Section 23300, the City Council hereby
requests the County Board of Supervisors or the County Registrar of Voters
to order the consolidation of the Special Municipal Election hereby called
with any other election to be conducted within the boundaries of the Town
of Los Altos Hills on June 6, 1989, with respect to which the County Board of
Supervisors or the County Registrar of Voters has power to order a
consolidation. The City Council further consents to and orders the
consolidation of the Special Municipal Election hereby called with any District
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Election whose area lies wholly or partially within the boundaries of the
Town of Los Altos Hills pursuant to any provision of law.
Upon consolidation, the consolidated election shall be held and
conducted, election officers appointed, voting precincts designated, ballots
printed, polls opened at 7:00 A.M. and closed at 8:00 P.M., ballots counted
and returned, returns canvassed, and all other proceedings in connection
with the election shall be regulated and done by the Registrar of Voters of
the County of Santa Clara in accordance with the provisions of law regulating
the elections so consolidated.
5. Pursuant to Elections Code Section 22003, the City Council hereby
requests the Board of Supervisors of the County of Santa Clara to make
available the services of the Registrar, of Voters for the purpose of
performing the usual services in the conduct of the consolidated Election,
including the provisions of election supplies and voter's pamphlets.
6. This Resolution shall take effect from and after its adoption.
REGULARLY passed and adopted this 9th day of January, 1989.
/
BY
MAYOR
ATTEST:
CITY CLE" '
020189
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EXHIBIT -A-
AN ORDINANCE TO REGULATE AND LIMIT DEVELOPMENT OF
UPPER NEARY QUARRY LANDS IF ANNEXED TO
THE TOWN OF LOS ALTOS HILLS
Section 1. Purposes
This Ordinance is to protect the important natural qualities and visual
beauty of the Upper Neary Quarry Lands. It makes more specific and
implements the policies of the Los Altos Hills General Plan with respect to
those lands.
A proposal is now pending before the Town of Los Altos Hills to annex
the Upper Neary Quarry Lands to the Town and to develop them as a
residential subdivision. If the Lands are annexed, this Ordinance would
maintain the existing limits imposed by Santa Clara County on the number of
dwelling units that can be built on the Lands. It would further protect the
area and preserve its rural character by limiting the size of development and
prohibiting location of houses along ridgelines. It permits the Town Council
to impose further or additional restrictions on development.
Section 2. findings
(a) The area covered by this Ordinance, the Upper Neary Quarry
Lands, an area of about 300 acres, is immediately adjacent to Los Altos Hills.
It connects the Duveneck Windmill Pasture area to other parts of the Rancho
San Antonio Open Space Preserve. It is composed primarily of steep hillsides
and ridges.
(b) Use of the Lands is now regulated by Santa Clara County. The
County has classified the area Hillside and by its General Plan and Zoning
Ordinance limits the number of residences that may be located there.
(c) Private developers propose to annex the Lands to Los Altos Hills
and to build many more dwelling units than are permitted under County
regulations.
(d) This more intensive development, which would occur largely on
the ridgelines, would greatly harm the valuable natural and scenic qualities
of the Lands.
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(e) Apart from this Ordinance, existing and prospective Los Altos Hills
regulations do not impose needed limits on development on the Lands. They
could permit three times as many houses as the County permits. Town
Zoning Ordinances were not designed for the rugged, remote terrain covered
by this Initiative.
Section 3. General Plan Amendment
The following paragraph shall be added to the General Plan of the
Town of Los Altos Hills:
127A. (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 the area under Sections 14-6.1 and 14-
6.2 of the Santa Clara County Zoning Ordinance on November 28, 1988.
(b) No clustering of residences may be required on the Lands. Only
one primary dwelling may be permitted on a lot. Each lot must have a net
area of at least ten 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 subparagraph (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 the maximum floor area for
lots on the Lands may not exceed the maximum development area and the
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.
Section 4. Zoning Ordinance Amendment
Article 10 is added to Title 10, Chapter I of the Los Altos Hills
Municipal Code:
(1) Section 10-1.1001. Upper Neary Quarry Lands Regulations.
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(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 the area under Sections 14-6.1 and 14-6.2 of
the Santa Clara County Zoning Ordinance on November 28, 1988.
(b) No clustering of residences may be required on the Lands.
Only one primary dwelling may be permitted on a lot. Each lot must have a
net area of at least ten 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
notermitted under Subparagraph (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 the maximum floor area
for lots on the Lands may not exceed the maximum development area and
the 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.
(2) The Town Council may renumber this Section; and may add
provisions as long as they are consistent with this Ordinance.
Section 5. Supersedure of Inconsistent Provisions
To the extent that any provision in the General Plan, Zoning Ordinance,
or other Ordinances or Resolutions of the Town of Los Altos Hills is
inconsistent now or hereafter with this Ordinance, that provision is
superseded and nullified by this Ordinance.
Section 6. Town Government Responsibilities and Authority
(a) The Town Council and other officials of the Town of Los Altos ;Hills
are mandated by the voters to implement and enforce the provisions of this
Ordinance fully.
(b) Nothing in this Ordinance shall prevent the Town from imposing
further or additional restrictions on subdivision and development on the
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Upper Neary Quarry lands. It is assumed that the Town in the regular
course will impose regulations on the Lands with respect to uses, height of
structures, set back lines, off street parking, and further protection of
natural and visual resources.
Section 7. Consistency with Federal and State Law
The provisions of this Ordinance shall not apply to the extent, but only
to the extent, that they would violate the Constitution or law of the United
States or of the State of California.
Section 8. Severability
If any provision or application of any provision of this Ordinance is
held unconstitutional or violative of any state or federal law, the invalidation
shall not affect the validity of any other provision or application of any
provision. The voters of Los Altos Hills declare that the provisions and
applications of the provisions of this Ordinance are severable and would
have been enacted as they were even though any other provision or
provisions or application or applications are held unconstitutional or
otherwise violative of law.
Section 9. Definitions
For purposes of this Ordinance:
(a) The "Upper Neary Quarry lands" or "Lands" 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).
(b) "Development area" is "development area" (or its equivalent) as
defined in the Los Altos Hills Zoning Ordinance.
(c) "Floor area" is "floor area" (or equivalent) as defined in the Los
Altos Hills Zoning Ordinance.
Section 10. Repeal or Amendment
The provisions of this Ordinance may only be repealed or amended by
the voters of Los Altos Hills in a valid election.
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