AMENDMENT TO THE ZONING ORDINANCE TO EXTEND TEE SUNSET PROVISION OF LOS ALTOS HILLS MUNICIPAL CODE SECTION

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1 AGENDA ITEM #9.N TOWN OF LOS ALTOS HILLS StaffReport to the City Council September 19,2013 SUBJECT: FROM: AMENDMENT TO THE ZONING ORDINANCE TO EXTEND TEE SUNSET PROVISION OF LOS ALTOS HILLS MUNICIPAL CODE SECTION (B) (6) (v) & (viii) (ROOF MOUNTED SOLAR - DEVELOPMENT AREA BONUS); FILE # Debbie Pedro, Community Development Director-d APPROVED: Carl Cahill, City Managerc. C-. RECOMMENDATION That the City Council: Waive reading and adopt the Ordinance amendment in Attachment #1 extending Los Altos Hills Municipal Code Section (B) (6) (v) & (viii) - Development Area Bonus - until July 30, BACKGROUND On August 15, 2013, the City Council voted to unanimously introduce an Ordinance amendment to extend the solar/development area bonus for one (1) year until July 30,2014. DISCUSSION The Planning Commission and City Council will review the Town's solar incentives again in The review will address the effectiveness and, ifneeded, modifications to the Town's solar incentive program. FISCAL IMPACT There is no fiscal impact associated with this recommendation. ENVIRONMENTAL CLEARANCE (CEQA) The proposed Ordinance Amendment is categorically exempt from the provisions of the California Environmental Quality Act by Section (e). ATTACHMENTS 1. Draft Ordinance City Council staffreport - August 15, 2013 (no attachments) Staffreport prepared by: BrianFroelich, Associate Planner

2 Attachment 1 ORDINANCE NO. 547 ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS fills AMENDING SECTION OF THE MUNICIPAL CODE WITH REGARD TO ROOF MOUNTED PHOTOVOLTAIC FACILITIES AND DEVELOPMENT AREA BONUS WHEREAS, the City Council of the Town of Los Altos Hills ("Town") wishes to advance the Town's energy conservation goals and increase energy efficiency in residential, public and private facilities; and WHEREAS, the Town wishes to amend the section of the Zoning Code to extend the Development Area Bonus for RoofMounted Photovoltaic Facilities until July 30, NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN as follows: 1. AMENDMENT OF CODE. Section (Development Area), Article 5 (Area, Coverage, Height, and Setback Limitations) of Chapter 1 (Zoning) of Title 10 (Zoning and Site Development) of the Los Altos Hills Municipal Code is hereby amended to read as follows: Development area. Except as provided in subsections (c) and (d) ofthis section, the amount ofdevelopment area in square feet allowable on a parcel or lot shall not exceed the amounts determined by application ofthe formula in subsection (a) ofthis section where An is net area in acres, S is the average slope ofthe parcel or lot in percent, as defined in Section , LUF is the lot unit factor as defined by Section 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 ofthe 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: (1) For parcels or lots where S is equal to or less than ten (10) percent: MDA = LUF x 15,000 square feet. (2) Forparcels orlots where S is more thanten (10) percent and less thanthirty (30) percent: MDA = LUF x [15, (S-10)] square feet. (3) For parcels or lots where S is equal to or greater than thirty (30) percent: MDA = LUF x 7,500 square feet. (b) Development Area. Development area shall be measured in a horizontal plane and shall include the following: (1) Total floor area, as defmed in Section ofthis title; (2) The total area ofland covered by structures not counted in subsection (b)(i) of this section, such as parking areas, patios, decks, walkways, swimming pools and lof4

3 tennis courts, together with other surfaces comprised ofartificially emplaced building materials such as paving, roofing, masonry, stone or wood; (3) The first one hundred (100) feet of driveway, as measured along the center line, closest to the primary dwelling; and (4) Thatportionofa driveway exceedingtwelve (12) feet in width which is located beyond the area described in subsection (b)(3) ofthis section. Where there is a common driveway in a driveway easement or a panhandle and the driveway, or a portion ofthe driveway, serves more than one residence, then using the regulations stated in subsections (b)(3) and (b)(4) ofthis section, the amount of driveway area shall be proportioned to the residences based upon use ofthe driveway; (5) Exemptions. Walkways constructed ofunconsolidated building materials such as decomposed granite, tanbark and other wood chips; roofoverhangs unsupported from the ground; and synthetic turfmaterial 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 (five hundred (500) square foot maximum) ofone square foot for everyone square foot ofroof-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 ofthe 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 [mal inspection prior to granting ofthe 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 everyone square foot ofground-mounted PV system over five hundred (500) square feet that is exempted from development area requirements by action ofthe Planning Commission, (vii) Any development area bonus request may be referred to the Planning Commission by the Planning Director. A development area bonus request for a property ofless than one net acre in size shall be subject to Planning Commission review and decision, (viii) Sunset Provision. This section shall expire on July 30, 2014, (ix) The Planning Director shall provide the City Council with an annual report that evaluates the effectiveness ofthis subsection as an incentive for increasing PV system installations; 20f4

4 (7) Photovoltaic Power Generation Facilities. Photovoltaic power generation facilities that are connected to the grid and that are five hundred (500) square feet or less are exempt from the requirements ofthis section. Photovoltaic power generation facilities greater than five hundred (500) square feet in area are subject to the requirements of this section, unless the Planning Commission determines that the offsite visual impacts ofthe facility are adequately mitigated. (c) Minimum MDA. The allowable development area on any parcel or lot shall notbe reduced to less than seven thousand five hundred (7,500) square feet by application ofthe provisions ofthis section, except as set forth in Section (e) or except in the case of parcels orlots whichhave a lot unit factor of0.50 orless. Parcels or lots whichhave a lot unit factor of0.50 or less require a Conditional Development Permit and development area may be restricted below seven thousand five hundred (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 (c), plus two thousand one hundred (2,100) square feet. The Site Development Authority may approve development area ofup to a total offour thousand-five hundred (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. (d) For any lot on which substantial areas ofslope in excess ofthirty (30) percent 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 ofthe property, provided that: (l) the area used in the calculation results in a lot unit factor (LUF) in excess of 1.0 and provides a minimum ofa 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. (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 ofthe ordinances are complied with. Some examples ofsite 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. 2. EFFECTIVE DATE; POSTING. This ordinance shall become effective thirty (30) days from the date of its passage, and shall be posted within the Town of Los Altos Hills in three (3) public places. INTRODUCED: PASSED: AYES: NOES: 30f4

5 ABSTENTIONS: ABSENT: BY: Mayor _ ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 40f4

6 Attachment 2 TOWN OF LOS ALTOS IDLLS StaffReport to the City Council August 15,2013 SUBJECT: FROM: AMENDMENT TO THE ZONING ORDINANCE TO EXTEND THE SUNSET PROVISION OF LOS ALTOS HILLS MUNICIPAL CODE SECTION (B) (6) (v) & (viii) (ROOF MOUNTED SOLAR - DEVELOPMENT AREA BONUS); FILE # Debbie Pedro, Community Development Director ~f' APPROVED: Carl Cahill, City ManagerC..t.,. RECOMMENDATION That the City Council: Waive reading and introduce the Ordinance amendment in Attachment #1 extending Los Altos Hills Municipal Code Section (B) (6) (v) & (viii) - Development Area Bonus - until July 30,2018. BACKGROUND On July 13, 2006, the City Council adopted the Development Area Bonus, Ordinance 500. The Ordinance allows for properties that do not already exceed the Maximum Development Area to receive a one-to-one square foot ofadditional Development Area for each square foot ofinstalled roofmounted photovoltaic panels, the maximum bonus = MDA square feet. On July 25, 2013, the Planning Commission unanimously recommended adoption of the Ordinance amendment to extend the solar/development area bonus for five (5) more years. The Planning Commission also discussed a word change in the Section (B) (6) (v) from "regulations" to "ordinances". This change is to distinguish that eligible projects must comply with all Zoning and Site Development Ordinances but not all Town Policies (i.e. Grading Policy Exceptions). On March 28, 2013, the Environmental Initiatives Committee unanimously recommended xt nsign-g:.f:'-the-sgl81'lde-v@lepment-area-13enus; DISCUSSION The five years prior to the adoption of the Ordinance, the Town averaged 20 solar permits per year ( ). Following the Ordinance, the average is now 52 solar permits per year ( ). The bonus allows for lots with MDAs of 7,500 to more easily accommodate Fire Tmck turnarounds, driveways, and outdoor living spaces. One ofthe City Council's goals at the time of adoption was to offer an incentive to property owners that would not otherwise install

7 StaffReport to the City Council Amendment to Zoning Ordinance Section (B) (6) (v) & (viii) Augustl5,2013. Page 2 of3 photovoltaic systems. Property owners that are remodeling or building new residences are often in that target category. Additionally, the bonus is a planning tool to resolve minor practical site difficulties, likely reduces the number of development area variance requests, and aids in the ability to resolve minor development area code violations. The proposed amendment would allow the incentive to continue for an additional five (5) years and allow Town officials to reassess at that time. Sol!attl'V Building~ Permits Issued '2;0:02-2Q12 70, Summary ofamendments: Existing: (v) The development area bonus shall only be used for projects that otherwise comply with all other zoning and site development regulations Proposed: (v) The development area bonus shall only be used for projects that otherwise comply with all other zoning and site development ordinances Existing: (viii) Sunset Provision. This section shall expire on July 30,2013 Proposed: (viii)sunset Provision. This section shall expire on July 30, 2018 FISCAL IMPACT There is no fiscal impact associated with this recommendation.

8 StaffReport to the City Council Amendment to Zoning Ordinance Section (B) (6) (v) & (viii) August 15,2013 Page 3 of3 ENVIRONMENTAL CLEARANCE (CEQA) Ordinance 500 was adopted with an fuitial Study/Mitigated Negative Declaration. The proposed Ordinance Amendment is categorically exempt from the provisions of the California Environmental Quality Act by Section (e). ATTACHMENTS 1. Draft Ordinance Planning Commission staffreport - July 25,2013 (no attachments) StaffrepOlt prepared by: Brian Froelich, Associate Planner