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HomeMy WebLinkAbout36-89 • RESOLUTION NO. .36-89 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: i • • PROPOSITION: Shall the Ordinance of the ttiw-in.of Los Altos Hills amending the Town General Various Neary Quarry Lands Plan and Zoning Law to restrict the number of single family homes which Development Regulations and could be built on lots having a minimum net area of twelve acres Limitations, Neary Quarry on the Upper Neary Quarry Lands; prohibiting clustering of homes Closure and Prohibiting Hale and limiting maximum development and floor areas to 75 and Permanente Creek Water percent of that allowed in Town's Residential-Agricultural Zoning Initial Diversion District; requiring Neary Quarry Closure; prohibiting initial diversion of Hale or Permanente Creek Waters to fill any man made lake; prohibiting any dwelling on Sensitive Upper Neary Quarry Ridge Lands if any Neary Quarry Lands are annexed to Town; and restricting certain street connections, 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 2 • • 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 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 1st day of March, 1989. BY MAYOR ATTEST: CITY CLER. 020189 3 • • EXHIBIT "A" AN ORDINANCE TO REGULATE AND LIMIT DEVELOPMENT OF "NEARY QUARRY LANDS," "UPPER NEARY QUARRY LANDS" AND "SENSITIVE UPPER NEARY QUARRY RIDGE LANDS" IF ANNEXED TO THE TOWN OF LOS ALTOS HILLS, REQUIRING CLOSURE AND RECLAMATION OF NEARY QUARRY, AND PROHIBITING INITIAL DIVERSION OF HALE AND PERMANENTE CREEL WATERS Section 1. Purposes The purposeof this Ordinance is to close the Neary Quarry and prevent any development of the sensitive ridges above said Quarry, and request that they be kept in permanent open space, as well as to preserve Hale and Permanente Creeks. Section 2. Findings a ( ) The area covered bythis Ordinance, all the NearyQuarrylands, an area of about 360 acres, is immediately adjacent to Los Altos Hills. Two significant creeks, Hale and Permanente, run through the lands, and need protection. (b) Use of the lands is now regulated by Santa Clara County. The County has a policy which encourages cluster development. (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 sensitive ridgelines, would greatly harm the valuable natural and scenic qualities of the lands and creeks. (e) The other proposed ballot measure does not protect Hale or Permanente Creeks, or the sensitive ridgelines from development. (f) Any development of the Lands of Neary Quarry should be done in a manner so as to protect the neighborhoods from through traffic, especially from Foothill College. Section 3. General Plan Amendment 1 • • 127A. (a) If the Neary Quarry lands, or any portion of them have been or are annexed to Los Altos Hills, then Zoning Ordinances of Los Altos Hills shall prevail. (b) No clustering of residences shall be allowed on the lands. Only one primary dwelling may be permitted on a lot. Each lot on the Upper Neary Quarry Lands shall have a net area of at least twelve acres. (c) As a condition of development of the lands, the Neary Quarry shall be closed and reclaimed. (d) If any man-made lake should be created on the Neary Quarry Lands, the initial fill up of such lake shall not be from the diversion of water from Hale and/or Permanente Creeks. (e) No dwelling of any type may be allowed on the Sensitive Upper Neary Quarry Ridge Lands. As a condition of development, these areas shall be left in their natural state. (f) The maximum development area and the maximum floor area for lots on the Upper Neary Quarry Lands shall be limited to 75% of the maximum development area and the maximum floor area, respectively allowed by the Los Altos Hills Zoning Ordinance in the Town's Residential- Agricultural zone. (g) The street connections of Stonebrook to Magdalena, Ravensbury to the Lands of Neary Quarry, and Olivetree to the Lands of Neary Quarry, shall be limited to official emergency vehicles only. Section 4. Zoning Ordinance Amendment Article 10 is added to Title 10, Chapter 1 of the Los Altos Hills Municipal Code: 1. Section 10-1.1001. Neary Quarry Lands Regulations (a) If the Neary Quarry Lands, or any portion of them have been or are annexed to Los Altos Hills, then Zoning Ordinances of Los Altos Hills shall prevail. 2 S (b) No clustering of residences shall be allowed on the lands. Only one primary dwelling may be permitted on a lot. Each lot on the Upper Neary Quarry Lands shall have a net area of at least twelve acres. (c) As a condition of development of the lands, the Neary Quarry shall be closed and reclaimed. (d) If any man-made lake should be created on the Neary Quarry Lands, the initial fill up of such lake shall not be from the diversion of water from Hale and Permanente Creeks. (e) No dwelling of any type may be allowed on the Sensitive Upper Neary Quarry Ridge Lands. As a condition of development, these areas shall be left in their natural state. (f) The maximum development area and the maximum floor area for lots on the Upper Neary Quarry Lands shall be limited to 75% of the maximum development area and the maximum floor area, respectively allowed by the Los Altos Hills Zoning Ordinance in the Town's Residential- Agricultural Zone. (g) The street connections of Stonebrook to Magdalena, Ravensbury to the Lands of Neary Quarry, and Olivetree to the Lands of Neary Quarry, shall be limited to official emergency vehicles only. (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 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. 3 • 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 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 no 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 "Neary Quarry Lands" or "Lands" are the area of approximately 360 acres included in Lot One through Forty-Three on Figure 2-2, Project Site Plan, Quarry Hills Project Draft Environmental Impact Report, Town of Los Altos Hills, July, 1988, (EIP Associates). (b) The "Upper Neary Quarry 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).' (c) The "Sensitive Upper Neary Quarry Ridge Lands" are the area of approximately 100 acres included in Lots Three through Eleven on Figure 2- 2, Project Site Plan, Quarry Hills Project Draft Environmental Impact Report, Town of Los Altos Hills, July, 1988, (EIP Associates). (d) "Development area" is "development area" (or its equivalent) as defined in the Los Altos Hills Zoning Ordinance. (e) "Floor area" is "floor area" (or its equivalent) as` defined in the Los Altos Hills Zoning Ordinance. 4 • • 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. 021689 • 5