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HomeMy WebLinkAbout95-85 S • RESOLUTION NO. 95-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE TOWN OF LOS ALTOS HILLS ESTABLISHING AN EXPEDITED PROCEDURE FOR THE RECONSTRUCTION OF SINGLE FAMILY RESIDENCES OR OTHER BUILDING DESTROYED IN A NATURAL DISASTER RESOLVED by the City Council of the City of the Town of Los Altos Hills, County of Santa Clara, State of California, that WHEREAS, as a result of a natural disaster a number of homes in the Town have been destroyed by fire; and WHEREAS, the property owners whose homes have been destroyed desire to begin reconstruction; and WHEREAS, the City of the Town of Los Altos Hills (herein called the "Town") desires to expedite the reconstruction not only of the homes destroyed in the fire of July 1985 but also the reconstruction of any home destroyed as a result of a subsequent natural disaster, NOW, THEREFORE, IT IS HEREBY ORDERED AND DETERMINED as follows : 1. The City Council expressly finds that the reconstruction of a single family residence or other building as a result of a natural disaster does not constitute the voluntary development or redevelop- ment of real property, or the expansion of or change of uses thereon but merely the attempt to restore the property to the status quo which it enjoyed prior to the particular disaster which necessitates recon- struction of the previously existing improvements. 2 . Notwithstanding the failure of the destroyed single family residence or other building, as the case may be, to comply with one or more provisions of Title 9 entitled "Planning and Zoning" of the Los Altos Hills Municipal Code as it presently exists or hereafter may S be amended prior to the occurrence of a natural disaster, it is the policy of the City Council of the Town to permit the reconstruction of a previously existing single family residence or other building, and to process the necessary application in connection therewith in an expeditious manner. 3. (a) As used in this Resolution, the term "natural disaster" shall refer to and include any sudden and ruinous misfortune occasioned by the violence of nature proceeding from physical causes , with or with- out the intervention of man, including but not limited to fire, light- ning, tempests, an inundation, earthquake, landslide, mudslide or tornado. (b) As used in this Resolution, the term "other building" shall refer to and include any building on the same property whose use is accessory or subordinate to the single family residence, and which is used for the housing or enclosure of persons or animals. Provided, however, the term "other building" shall not include a secondary dwell- ing for which a valid existing use permit has not been obtained. 4. The owner of the property upon which a single family residence or other building as that term is defined in this Resolution was lo- cated and which has been destroyed as the result of any natural disaster shall be entitled to reconstruct the same or a substantially similar single family residence or other building, as the case may be. 5. Each Property Owner shall submit. (a) a single application which, when approved, shall include issuance of all necessary building, site or other permits which may be necessary, and (b) building plans required by the Town and which comply with all of the requirements of the most recently adopted editions of the Uniform Building, Housing, Plumbing, Mechanical and Fire Codes, National Electrical Code, Family -2- Y o • Dwelling Code and any other type of Uniform Code adopted and in- cluded in Title 8 entitled "Building Regulations" of the Los Altos Hills Municipal Code. 6 . In order to expedite the processing of applications for the reconstruction of a single family residence or other building destroyed as the result of a natural disaster, the City Council shall appoint a Disaster Site Development Committee consisting of two (2) members of the City Council, two (2) members of the Plan- ning Commission and the City Engineer. Provided, however, the City Engineer may delegate the performance of his duties to a City Employee whom he shall designate upon informing the City Council. 7 . The Disaster Site Development Committee shall hear any ap- plication submitted under the provisions of this Resolution at its next regular meeting, and shall approve, conditionally approve or disapprove such application. Provided, however., the Disaster Site Development Committee shall approve or conditionally approve an application only after it has been able to make a finding based upon the facts presented to it that the approval or conditional approval of that application will not ad- versely affect the public health, safety and general welfare of the residents of the neighborhood within which the property which is the subject of the application is situated. Any person dissatisfied with the decision of the Disaster Site Development Committee may appeal that decision directly to the City Council which shall hear the matter at its next regular meeting. -3- • • REGULARLY passed and adopted this 24th day of July, 1985. MAYOR ATTEST: gussmwof CITY CLERK -4-