§ 14.81

California Government Code Section 65906 establishes the authority of the city to grant variances to the development standards and provisions of the Zoning Code in cases where, because of special circumstances applicable to the property, the strict application of the Zoning Code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zones.

(Ord. No. 2024-519, § 3(App. C), 12-10-2024)

14.81.020 - Applicability.

A.

A variance application shall be limited to deviations from any provision of Title 14 of the Los Altos Municipal Code is proposed, including, but not limited to, those standards related to height, lot area, yards, open spaces, setbacks, lot dimensions, signs and parking, unless otherwise specified. Deviations from code requirements not contained within Title 14 shall not be authorized to submit for a variance request.

B.

Variances may not be approved for uses or activities not otherwise expressly authorized by the Zoning Code. A variance is not a substitute for a zone change, zone text amendment, or conditional use permit.

C.

Personal, family, medical, and financial hardships and neighboring violations or legal non-conformities do not represent grounds on which to file a variance application.

D.

Variances to use provisions of the Zoning Code are prohibited.

(Ord. No. 2024-519, § 3(App. C), 12-10-2024)

14.81.030 - Submittal requirements and review.

A.

Filing. An application for a variance shall be filed and processed in compliance with all applicable provisions of Title 14 of the Los Altos Municipal Code. The application shall include the information and materials specified in the development services department handout for variance applications, together with the required fee. It is the responsibility of the applicant to provide evidence in support of the findings required by this chapter.

B.

Project Review Procedures. Following receipt of a completed application, the zoning administrator shall investigate the facts necessary for action consistent with the purpose of this chapter.

C.

Notice, Hearings, and Appeals.

1.

A public hearing shall be required on a variance application. Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 14.01.130 (Public Notice Requirements).

2.

The commission's decision is appealable to the council in compliance with Chapter 14.01.100 (Appeals).

(Ord. No. 2024-519, § 3(App. C), 12-10-2024)

14.81.040 - Findings and decision.

A.

A variance may be granted provided that the zoning administrator or planning commission, or the city council on appeal, finds, after a full investigation and public hearing, that all the following are true:

1.

The variance does not grant or authorize a use or activity that is not otherwise allowed in the zone; and

2.

Special circumstances exist applicable to the subject property, including size, shape, topography, location, or surroundings such that strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and the same zoning district; and

3.

The granting of the variance does not constitute a grant of special right or privilege inconsistent with the limitations upon other properties in the vicinity and the same zoning district; and

4.

The granting of the application will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience.

B.

Failure to make all the required findings shall require denial of the variance.

(Ord. No. 2024-519, § 3(App. C), 12-10-2024)

A.

In granting a variance, certain safeguards may be required and certain conditions established to protect the public health, safety, convenience and general welfare and to assure that the purposes of the Zoning Code shall be maintained with respect to the particular use on the particular site and in consideration of the location, use, building and characteristics and environmental impact of the proposed use and of existing and potential uses within the general area in which such use is proposed to be located.

B.

The conditions attached to variance may include such provisions concerning height, area, yards, open spaces, setbacks, parking, loading, signs, improvements, site design, operation characteristic, land use compatibility, general character, appearance, environmental impact, time limits for commencing the construction authorized, revocation dates, and other conditions the zoning administrator or planning commission may deem appropriate and necessary to carry out the purposes of the Zoning Code and chapter.

(Ord. No. 2024-519, § 3(App. C), 12-10-2024)

Each application shall be reviewed on an individual case-by-case basis and the approval of a prior variance is not admissible evidence for the approval of a new variance.

(Ord. No. 2024-519, § 3(App. C), 12-10-2024)

Variances shall run with the land and confer the rights granted to and conditions placed upon the applicant onto subsequent property owners.

(Ord. No. 2024-519, § 3(App. C), 12-10-2024)

Chapter 14.82 - MEDICAL AND ADULT-USE CANNABIS REGULATIONS[[18]]

Sections:

Footnotes:

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Editor's note— Ord. No. 2018-451, § 3, adopted October 9, 2018, repealed Ch. 14.28, §§ 14.28.10— 14.28.40, and reenacted a new Ch. 14.28 to read as set out herein. Former Ch. 14.28 pertained to similar subject matter and derived from Ord. No. 2016-418, § 3, adopted January 26, 2015.

14.82.10 - Legislative findings and statement of purpose.

A.

The city council finds that the prohibitions on medical and adult-use commercial cannabis uses are necessary for the preservation and protection of the public peace, health, safety, and welfare for the city and its community. It is also the intent of this chapter to regulate indoor cannabis cultivation, and to prohibit all outdoor cultivation, for personal use, including by qualified patients and primary caregivers. The city council's prohibition of such activities is within the authority conferred upon the city council by the California Constitution and other state law.

B.

The city council finds that this chapter: (1) exercises its local authority to enact and enforce local regulations and ordinances, including those regarding the zoning, permitting, licensing, or other entitlement of the activities prohibited by this chapter; and (2) exercises its police power to enact and enforce regulations for the public benefit, safety, and welfare of the city and its community.

(Ord. No. 2018-451, § 3, 10-9-2018)

14.82.020 - Medical and adult-use commercial cannabis uses.

A.

Commercial Cannabis Uses Prohibited. All medical and adult use commercial cannabis uses as defined in Section 14.02.070 are prohibited from establishing or operating within the city of Los Altos. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of a commercial cannabis use in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.

B.

Exception for Cannabis Deliveries. Cannabis retailers and other cannabis delivery services are prohibited from physically locating or establishing in the city. However, state-licensed cannabis retailers, as defined in Section 14.02.070 that are legally established and located outside city limits may provide cannabis deliveries to medical or adult-use customers within Los Altos, under the following conditions:

1.

The cannabis retailer must be licensed under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code, Division 10) to provide cannabis deliveries.

2.

The cannabis delivery service must operate in compliance with the applicable laws and regulations of the local jurisdiction in which the delivery service is physically located and state law.

C.

This section shall not be construed to prohibit use of the public roads pursuant to Business and Professions Code, Section 26090 or those activities allowed by Section 26054, subdivisions (c) or (d).

(Ord. No. 2018-451, § 3, 10-9-2018)

14.82.030 - Cultivation of cannabis for personal use.

A.

Indoor Cultivation. The indoor cultivation of cannabis for personal use, including cannabis cultivation for personal medical use by a qualified patient or primary caregiver, is prohibited except in compliance with the following:

1.

Cannabis cultivation shall only occur indoors at a private residence, or inside a legal accessory structure located upon the grounds of a private residence.

2.

Cannabis cultivation shall be limited to six plants total per residence, whether immature or mature, regardless of how many residents reside at the private residence.

3.

Persons engaging in indoor cultivation must comply with all state and local laws regarding fire safety, water use, electrical wiring, buildings, and indoor cultivation, including without limitation, Health and Safety Code Sections 11362.1 and 11362.2.

4.

The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of cannabis is prohibited. Use of gas products shall be limited to those allowed by the California Building, Electrical, and Fire Codes as adopted and amended by the city of Los Altos.

5.

The residence shall maintain fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident(s), and the premises shall not be used primarily or exclusively for cannabis cultivation.

6.

All areas used for cannabis cultivation shall be located within a fully enclosed and secure structure. "Fully enclosed and secure structure" means a space within a building, greenhouse, or other legal structure which has a complete roof enclosure supported by connecting, enclosed walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.

7.

A fully enclosed and secure structure used for the cultivation of cannabis that is separate from the main residential structure on a premises must maintain a minimum setback of ten (10) feet from any property line.

Any structure used for the cultivation of cannabis must have proper ventilation and air filtration to protect the health and safety of occupants and the neighborhood, prevent mold damage, and to prevent cannabis plant odors or particles from becoming a public nuisance.

B.

Outdoor Cultivation Prohibited. Outdoor cultivation of cannabis, including cannabis cultivation for personal medical use by a qualified patient or primary caregiver, personal adult-use, or commercial purposes, is prohibited in all zoning districts in the city of Los Altos.

(Ord. No. 2018-451, § 3, 10-9-2018; Ord. No. 2019-455, § 2, 3-26-2019)