HomeMy WebLinkAbout133FOLLOWS:
ORDINANCE NO. 133
AIV ORDINANCE OF Till; TOWN OF LOS ALTOS HILLS
REGULATING THE DESIGN, CONSTRUCTION, MAIN-
TENANCE OR ALTERATION OF DRIVEWAYS, GRADING,
EXCAVATIONS, FILLS, AND OTHER ASPECTS OF SITE
DEVELOPMENT WITHIN THE TOWN OF LOS ALTOS HILLS,
AND REPEALING ORDINANCES INCONSISTENT HE
REWZTH
THF CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS DOES ORDAIN AS
SITE DEVELOPMENT
ARTICLE 1 - GENERAL
SECTION 1. AUTHORITY. This ordinance is enacted pursuant to the power
of the Town of Los Altos Hills to make all regulations necessary and appropriate
to preserve the public health, safety and welfare of the citizens of the Town
of Los Altos Hills.
SECTION 2. APPLICABILITY. The provisions of this ordinance shall apply
to all site development within the Tom of Los Altos Hills; however, a permit
shall be required only for those types of development set forth in Article 3.
Section 1.
SECTION 3 PURPOSE. This ordinance is adopted to promote public safety
and the general public welfare, to protect property against loss from erosion,
earth movement and flooding, to promote and enhance a superior community
environment, and to ensure the maximum preservation of the natural scenic
character of major portions of the Town by establishing minimum standards
and requirements relating to land grading, excavation and fills, installation
of driveways and procedures by which these standards and requirements may
be enforced. It is intended that this ordinance be administered with the
foregoing purposes in mind and specifically so as to:
A. Ensure that the development of each site occurs in a manner
harmonious with adjacent lands so as to minimize problems of drainage,
erosion, earth movement and similar hazards as well as visually unpleasant
relationships.
B. Ensure that public lands and places, water courses, streets
and all other lands in the Town are not subject to erosion and the hazard
of earth movement or faulty drainage.
C. Ensure that the planning, design and construction of a
development will be done in a manner which provides both maximum safety
and human enjoyment, while making it as unobtrusive in the natural terrain
as possible,
D. Ensure, insofar as practical in permitting reasonable develop-
ment of land and minimizing fire hazard, the maximum retention of natural
vegetation to aid in protection against erosion, earth movement and other
similar hazards and to aid in preservation of natural scenic qualities of
the Town,
SECum 4e INTERPRETATION OF SITE DEVELOPMENT ORDINANCE,
4.01 In their interpretation and application, provisions of this
ordinance shall be held to be minimum requirements, except where they
are expressly stated to be maximum requirements. It is not intended to
impair, or interfere with any private restrictions placed upon property by
covenant or deed; p_;ovided, however, that where th4s ordinance imposes
higher standards or a greater restriction upon the development of land than
are imposed or required by such private restrictions, the provisions of
this ordinance shall control.
4,02 Whenever any provision of this ordinance and any other provisions
of law, whether set forth in this ordinance or in any other law, ordinance or
resolution of any kind, impose overlapping or contradictory regulations over
the development of lard, or contain any restrictions covering any of the -same
subject matter, that provision which is more restrictive or imposes higher
standards or requirements shall govern.
ARTICLE 2 - DEFINITIONS
SECTION 1. For the purposes of this ordinance, certain terms used herein
are defined as set forth below:
BUILDING PrPNIT means a permit issued by the Town of Los Altos Hills for
the construction, cr.:action or alteration of a structure or building.
CERTIFY or CF.RTIFICAT_ION means the specific inspections and tests where
required have been performed, and that such tests comply with the applicable
requirements of this ordinance.
CUSIC YARDS means the amount of material in excavation and/or fill
measured by the method of "average end areas",
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DRIVEWAY means a way or route for use by vehicular traffic leading from a
Parking area or from a house, garage or other structure, to the road or street.
ENGINEERING GEOLOGIST means a graduate in geology or engineering geology
Of an accredited university, with five or more full years of professional
post graduational experience in the geological science of which at least three
full years shall be in the field of engineering geology that has required the
application of geological data, techniques, and principles to engineering
problems dealing with ground water and naturally occurring rock and soil, for
the purpose of assuring that geological factors are recognized and adequately
interpreted and presented.
EXCAVATION means any act by which matter, earth, sand, gravel, rock
or any other similar material is cut into, dug, quarried, uncovered,
removed, displaced, relocated or bulldozed by man and shall include the
conditions resulting therefrom.
EXISTING GRADE means the vertical location of the existing ground surface
prior to excavation or filling.
.FILL means any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported or moved
by man to a new location .and shall include the conditions resulting therefrom.
GRADING means excavation or fill or any combination thereof and shall
include the conditions resulting from any excavation or fill.
PARCEL means all contiguous land in one ownership or any portion of land
separated from other portions as on a recorded subdirbsion or record of survey
map or by metes and bounds description.
PERMITTEE means any person to whom a site development permit is issued.
PERSON means any person, firm or corporation, public or private, the
State of California and its agencies or political subdivisions, and the
United States of America, its agencies and instrumentalities, and any agent,
servant, officer or employee of any of the foregoing.
REMOVAL means cutting vegetation to the ground or stumps, complete
extraction, or killing by spraying.
SITE means a single lot or parcel of land, or a contiguous combination
thereof, where grading work is performed as a single unified operation,
SITE DEVELOPMENT means altering terrain and/or vegetation by grading
and constructing driveways.
SITE DEVELOPMENT C(X4IITTEE means the Chairman of Planning Commission,
the City Manager and the City Engineer.
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SOILS ENGINEER means a registered Civil Engineer of the State of California,
specializing in soil mechanics and foundation engineering, which sciences
deal with the application of the principles of soils mechanics in the investi-
gation and analysis of the engineering properties of earth material.
CITY ENGINEER means the Engineer of the Town of Los Altos Hills.
VACANT means land on which there are no structures or only structures
which are secondary to the use or maintenance of the land itself.
ARTICLE 3 - PROCEDURES
SECTION 1. GENERAL. No person shall commence or perform any grading
in excess of the limits specified below without first obtaining a site develop-
ment permit. A separate site development permit shall be required for each
site on which grading is to be done.
A. A site development permit shall be required in all cases where
development comes under any one or more of the following provisions unless such
work is exempted therefrom by Section 1 B,
1) Excavation, fill, or any combination thereof exceeds
two hundred (200) cubic yards.
2) Fill will exceed. three (3) feet in vertical depth at its
deepest point measured from the natural ground surface.
3) An excavation will exceed four (4) feet in vertical depth
at its deepest point.
4) An excavation, fill or combination thereof, will exceed an
area of five thousand (5,000) square feet.
5) Vegetation is to be removed from an area exceeding five
thousand (5,000) square feet on any vacant parcel of land or any parcel of
land in excess of ten (10) acres.
B. A site development permit shall not be required in the following
cases:
1) Excavations below finished grade for septic tanks and
drain fields, tanks, vaults, tunnels, equipment basements, swimming pools,
cellars, or footings of buildings or structures for which a building permit
shall have been issued by the Town.
2) Excavation or removal of vegetation in public utility ease-
ments by public utility companies for the purpose of installing underground
utilities.
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C
3) Site development under an agreement with the Town pursuant
to requirements placed on the filing of a Parcel Map or Final Subdivision Map.
4) Removal of vegetation as a part of the work authorized by
an approved building permit.
5) Tilling of the soil for agricultural or fire protection
purposes.
6) Where the average ground slope of the area to be graded is
less steep than four (4) feet vertical to one hundred .(100) feet horizontal.
SECTION 2. APPLICATION. Each application for a site development permit
shall be made by the owner of the property or his authorized agent to the
.Planning Commission Secretary through normal administrative channels on a
form furnished for that purpose. Such application shall be accompanied by the
following items unless the City Engineer finds them unnecessary to insure
compliance with the provisions of this ordinance. When grading, a driveway
construction or vegetation removal is proposed as a part of a building permit
application, the building permit application and site development permit
application may be combined, and one plot plan, in the number of copies
required by the Planning Commission, may be submitted showing building plans
and site development plans. In such instances, a Civil Engineer shall certify
as to the accuracy of the existing and proposed contour lines.
A. Plot plan drawn by a Civil Engineer or an Architect or other
qualified person in the number of copies per City Staff requirements showing:
1) Location of existing and proposed buildings or structures
on the applicant's property.
2) Location of all existing and proposed streets, roadways,
driveways, easements and rights-of-way.
3) The present contours of the site in dashed lines and the
proposed contours in solid lines. Contour intervals shall be not less than
two (2) feet where slopes are predominately five (5) percent or less, and
five (5) feetwhere slopes are predominately steeper than five (5) percent.
Ninety percent of all contours shall be accurate within 1/2 contour interval
and all contours shall be accurate within contour interval. The source of
topographical information shall be indicated.
,I) The location of all drainage to, from and across the site,
the location of intermittent and permanent springs and culverts and other
drainage structures.
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B. Additional information as required by the City Staff:
1) Details of any proposed drainage structures, cribbing,
terraces and/or surface protection, not including vegetative cover,.required
as a result of grading and required for the support of adjoiningproperty.-
2) Grading specifications.
3) Profiles.
4) Drainage calculations.
5) Soils data including a report from a registered soils
engineer and/or an engineering geologist.
6) Statement of the estimated starting and completion dates
for the grading work proposed and any landscape work that may be required..
7) Landscape plans and specifications for the site,.and if
appropriate, information relating to landscaping of adjacent or surrounding
areas affected by the proposed development. When specially requirned by the
Site Development Committee, such plans and specifications shall be prepared
by a licensed landscape architect. These plans shall show:
a) Distribution of plant material;- location, quantity and
key number of each species of plant in each group; outline of alllawnareas,-
areas to be seeded, sodded and sprigged; existing trees, if any, to be
preserved,transplanted or removed; kind, size, and work involved as related
to slope control and/or physical environment.
b) List of plant material giving standard botanical plant
names and key number for each variety for reference to plan, and in addition,.
the size, quality or other pertinent description common to the trade.
c) A specification describing the methods for planting the
areas to be landscaped with special emphasis on (a) soil preparation, fertiliza
tion, plant material and methods of planting, and (b) initial maintenance of
the plant material and slopes until a specified percentage of plant coverage
is established uniformly on the cut and fill slopes:
d) A statement by the licensed landscape architect regarding
(1) the length of time after plantings with the specified maintenance normally
required to produce the specified percentage of plant coverage on the slopes
in the slope control areas, and (2) the additional length of time, without any
special maintenance, normally required to produce a coverage of permanent
planting which will control erosion:
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e) Details of all items and features pertaining to site
preservation and improvements such as remaining walls, and tree wells and
details not shown on other plans accompanying the application.
f) Such other and further details as may be specified and
required by the City Engineer to Carry out the purposes of this ordinance.
S) Such other information as shall be required by the City
Engineer.
SECTION 3 CONSULTANTS. Tom officers administering this ordinance may
require the applicant to furnish the services of engineering geologists, soils
engineers, foresters and landscape architects to advise in the review of site
development permit applications.
SECTION A. GRANTING PERMIT. To further the specific purposes of this
ordinance as set forth in Article 1, Section 3, the following procedures are
established:
A. Grading Work Under Five Hundred Cubic Yards. Where the
aggregate volume of grading on any site or contiguous group of sites is in
excess of two hundred (200) cubic yards but not over five hundred (500) cubic
.yards, the Site Development Committee shall review the application for the
proposed site development permit; and if, after receiving recommendations from
the Site Development Committee, the City Engineer finds the application for the
proposed grading plan in conformance with the provisions of this ordinance, he
may issue a permit with such reasonable conditions as he may deem necessary to
secure substantially the objectives of this ordinance; or he may in the alterna-
tive refer the application to the Planning Commission in the manner provided
for in Section 4 B.
B. Grading Work in Excess of Five Hundred Cubic Yards and/or
Removal of Vegetation. Where the aggregate volume of grading on any site or
contiguous group of sites is in excess of five hundred (500) cubic yards, or
the proposed cuts and fills exceed five (5) feet at their maximum point, or
where approval to remove vegetation as required by Article 3, Section 1 of
this ordinance:
1. The application shall be referred to the Site Development
Committee for review. - The Chairman of the Planning Commission may refer the
application to the entire Planning Commission.
2. Following such review, the Site Development Committee shall
prepare and forward a report with recommendations to the Planning Commission.
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3. The Planning Commission may hold a hearing on the applica-
tion for the proposed site development permit, and before holding such hearing
shall send notices to each adjacent property owner andto such other additional
owners as, in the opinion of the City Manager, may be substantially affectad
by such grading operations.
A) Upon completion of the hearing and after consideration of
the recommendations of the Site Development Committee, the Planning Commission
shall approve, approve with such reasonable conditions as it way deem
necessary to secure substantially the objectives of this ordinance, or dis-
approve the application for the site development.
5) i-ailure of the Planning Commission to make a determination
upon the approval, conditional approval, or disapproval of the application
for a site development permit within. sixty (60) days after receipt of all
necessary information for such action will constitute an approval of the
application unless such time is extended with the consent of the applicant.
C. Prohibition of Pre -Grading. Pio site development permit shall
be issued for an intended building site unless:
1) Such permit is accompanied by or combined with a. valid
building permit issued by the Town, and
2) The proposed gracing is coordinated with any overall grading
plan previously approved by the Town for the area in which the site is
situated.
SaCTION 5. DENIAL OF PERMIT. 'There, in the opinion of the Site
Development Committee, the work as proposed by the applicant is contrary to
the purposes of this ordinance, the site development permit shall be ceniec:.
The applicant may appeal such denial as provided in Article 5, Section 5.
Factors to be considered in the denial shall include, but not be limited to,
possible saturation of fill ane unsupported cuts by water, both natural an;
domestic; run-off surface waters that produce erosion, and silting of
drainage ways; sub -surface conditions such as the rock strata and faults, nature
and type of soil or rock that when disturbed by the proposed grading may
create earth movement and produce slopes that cannot be landscaped, and exces-
sive and unnecessary scarring of the natural landscape through grading or
removal of vegetation.
SECTION 6. RESPONSIBILITY. Failure or the Town officials to observe
or recognize hazardous or ugly conditions or to recommend denial of the
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grading permit, or of the Planning Commission to deny said permit, shall not
relieve the permittee for responsibility for the condition or damages resulting
therefrom and shall not result in the Town of Los Altos Hills, its officers
or agents, being responsible for the conditions or damages resulting therefrom.
SECTION 7. RETENTION OF PLANS. Plans, specifications and reports
for all site development shall be retained in original form or on microfilm
by the Town.
SECTION 8. INSPECTIONS. The City 3ngineer shall, when requested by
the City Manager or applicant, make the inspections hereinafter required
and shall either approve that portion of the work completed or shall notify
the permittee wherein the same fails to comply with this ordinance. Where
it is found by inspection that conditions are not substantially as stated or
shown in the application for a site developnent permit, the City Engineer
may stop further work until approval is obtained for a revised grading plan
conforming to the existing conditions.
A. Plans for grading work, bearing the stamp of approval of the City
Engineer, shall be maintained at the site during the progress of the grading.
Until the final inspection is made, a sign issued by the Town of Los Altos
Hills indicating permission to grade has been granted by the Town shall be
prominently displayed on the front property line of the property
.involved so as to be visible from the street on which the property fronts. In
order to obtain inspections in accordance with the following schedule, the
permittee shall notify the City Engineer at least two (2) full working days
before sai@ inspection is to be made.
1) Initial Inspection. Before commencement of grading operations,
and after required construction stakes have been set by a Civil 3n9ineer, Land
Surveyor, or other qualified person.
2) Rough Grading• When all rough grading has been completed.
3) Final Inspection. When all work, including installation of
all drainage and other structures and required planting, has been completed,
Structures requiring steel reinforcement will require an additional inspection
once steel is in place, prior to concrete being poured.
B. Inspection by Building Inspector. All structures required by
this ordinance and requiring building permits shall be inspected by the
Building Inspector in accordance with procedures established by the Building
Code, provided, however, no building pe mit for such structures shall be
issued until the City Engineer has issued a site development permit for the
building site or has determined that a site development permit is not required
by this ordinance, -9-
ARTICLE 4
STANDARDS AND SPECIFIC REQUIREMENTS
SECTION 1. APPLICABILITY. All grading and grading operations shall
comply with the requirements set forth in this Article in addition to other
requirements of this ordinance.
SECTION 2. HOURS OF OPERATION, All grading operations shall be
carried on between the hours of 7:00 a. m, and 5:30 p, m., Monday through
Friday, unless the City Engineer finds evidence that an emergency exists
which would imperil the p:ablic safety, in which case he may permit the work
to proceed during such other hours as may be necessary for the duration of
the emergency. Work nay be done at other hours if prior consent is granted
therefor by the City Engineer,
SECTION 3. DUST AND DIRT CONTROL. All graded surfaces of any nature
shall be wetted or suitably contained to prevent nuisance from dust or
spillage on Town streets or adjacent properties. Equipment materials and
roadways on the site shall be used in a manner or treated so as to prevent
excessive dust conditions.
SECTION 4. SLOPES. The maximum slope of any fill shall not exceed
two (2) horizontal to one (1) vertical or of any cut one and one-half (1'k)
horizontal to one (1) vertical. When cohesionless soils are used, or other
conditions warrant a further restriction of slope, City Engineer may require
a flatter slope,
SECTION 5. FILL MATERIAL. All fill shall be earth, rock or other inert
materials free from organic material and free metal, except that topsoil spread
on cut and fill surfaces nay incorporate humus for desirable moisture retention
properties.
SECTION 6. DRAIPIAGE. Adequate provision shall be made to prevent any
surface waters from damaging the cut face of an excavation, or any portion of
a fill. All drainage ways and structures shall carry surface waters without
producing erosion to the nearest practical street, storm drain or natural
water course approved by the City Engineer as safe place to deposit and receive
such waters. The City Engineer nay require such drainage structures to be
constructed, or installed, as are necessary to prevent erosion damage, or to
prevent saturation of the fill or material behind cut slopes.
SECTION 7. FINISHED CUTS AND SLOPES. The exposed or finished cuts
or slopes of any fill or excavation shall be smoothly graded and no such fill,
slope, cut or inclined graded surface shall exceed a vertical height of
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thirty (30) feet unless intercepting drains or terraces are provided. Such
drains or terraces shall be permanently lined or protected with materials
approved by the City Engineer and accumulating surface waters shall be conducted
to an approved point of discharge. Any such terrace or intercepting drain shall
be designed to prevent overflow which may cause erosion. All exposed slopes
of any cut or fill subject to erosion shall be protected by approved planting,
crib walls or walls and planting, terracing, or a combination thereof. Graded
surfaces exceeding an area of five thousand (5,000) square feet shall be
treated as provided in Section 10.
SECTION S. BACKFILLING. Any pipe trench or other trenching or
excavation made in any slope of an excavated or filled site shall be backfilled
to the level of the surrounding grade. Such backfill shall be compacted to
the original density of the excavated materials, but.in no case less than ninety
(90) percent of the maximum density achieved by AASHO Soil Compaction Test
Method T99-57 or T180-57 or as selected by the City Engineer.
SECTION 9. COMPACTION OF FILLS. All fills intended to support
buildings, structures, or where otherwise required to to compacted for
stability of material, shall be compacted, inspected and tested in accordance
with the following provisions:
A. The natural ground surface shall be prepared by removal of
topsoil and vegetation, and, if necessary, shall be graded to a series of
terraces.
B. Unless otherwise directed by the City Engineer, the fill shall
be spread in a series of layers, each not exceeding six (6) inches in thickness,
and shall be compacted by sheepsfoot roller or otherwise approved methodafter
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each layer is spread.
C. The moisture content of the fill material shall be controlled at
the time of spreading and compaction to obtain required maximum density.
D. The fill raterial after compaction shall have minimum relative
density of not'less than ninety (90) percent of maximum density in all portions
of the fill requiring compaction, as determired by the AASHO Soil Compaction Test
Method T99-57 or T180-57, or other testing method approved by the City Engineer.
E. A written report of the compaction, showing location and depth of
test holes, materials used, moisture conditions, recommcnded soil bearing
pressures, and relative den3ity obtained from all tests, prepared by a Civil
Engineer or Soils Engineer licensed by the State of California shall be submitted
to the City Engineer. Cost of report, compaction tests plus additional tests if
required; all paid for by owner-.
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F. The City Engineer may require additional tests or information if,
in his opinion, the conditions or materials are such that additional information
is necessary, and nay modify or delete any of the above listed requirements
that, in his opinion, are unnecessary to further the purpose of this ordinance.
SECTION 10. EROSION CONTROL AND LUMSCAPING. All cut and fill surfaces
created by grading and subject to erosion except plowing or discing for agricul-
tural or fire break purposes, shall be planted with a ground cover that is
compatible with the natural ground covers in the Town and that will thrive with
little or no mlintenance once established. Topsoils are to be stockpiled
during rough grading and used on cut and fill slopes.. On slopes likely to be.
extensively disturbed by later construction, an interim ground cover may be
planted to be supplemented by the permanent ground cover and/or shrubs and
trees when the site is finally developed and landscaped. When slopes too steep
to support continuous ground cover have been permitted and in lieu thereof
niches and ledges provided for planting, such slopes need not be planted with
a continuous ground cover, but may instead be screened with vines and plantings.
Cuts and fills along public roads may be required to be landscaped so as to
blend into the natural surroundings. All plant materials shall be satisfactory
to the approving authority for the site development permit.
SECTION 11. TILLING FOR AGRICULTURAL AND FIRE PROTECTION PURPOSES„
Tilling of the ground for agricultural or fire protection purposes shall be
by such practices as contour plowing which will prevent erosion and prevent
damage to natural drainage channels..
SECTION 12. SITE DEVELOPMENT CERTIFICATE. If, upon final inspection
of .any grading (as specified in Section 8. A 3), it is found that the work
authorized by the site development permit has been satisfactorily completed
in accordance with the requirements of this ordinance, and any other require-
ments imposed, a site development certificate covering such work, and stating
that the work is approved, shall be issued to the permittee by the City Engineer,.
A. The City Engineer shall have the power to revoke any site
development certificate whenever. he finds that the work covered by the
certificate has been materially extended or altered, without a permit, or that
any planting, retaining walls, cribbing, drainage structures, or other pro-
tective devices as shown on the approved plans and specifications submitted
with the application for a permit have not been maintained in good order and
repair.
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B. Before such revocation, the City Engineer shall first give
written notice to the owner of the property involved, specifying the defective
condition and stating that unless such defective condition is remedied
satisfactorily, the site development certificate may be revoked. I£ the
defective condition is remedied to the satisfaction of the City Engineer, the
certificate shall not be revoked.
SECTION 13. SPECIAL PRECAUTIONS.
A. If at any stage of the grading, the City Engineer determines by
inspection that the nature of the formation is such that further work as author-
ized by an existing permit is likely to imperil any property, public way, water-
course or drainage structure, the City Engineer may require, as a condition to
allowing the work to be done, that such reasonable safety precautions be taken
as he considers advisable to avoid likelihood of such peril. "Special precau-
tions" may include, but shall not be limited to, specifying a flatter exposed
slope, construction of additional drainage facilities, berms, terracing compac-
tion, or cribbing, installation of plant materials for erosion control, and
reports of a registered soils engineer and/or of a registered engineering
geologist whose recommendations may be made requirements for further work..
B. Where it appears that storm damage may result because the
grading is not complete, work may be stopped and the permittee required to
install temporary planting to control erosion, install temporary structures or
take such other measures as may be required to protect adjoining property or
the public safety. On large operations or where unusual site conditions
prevail, the City Engineer may specify the time of starting grading and 'time of
completion or may require that the operation be conducted in specific stages
so as to insure completion of protective measures or devices prior to the
advent of seasonal rains.
SECTION 14. DRIVEWAY DESIGN - ENTRANCE DRIVEWAYS.
A. Driveways shall enter the fronting road or street as nearly at
right angles, (or a radial line, if on a curve) as physical features permit.
Returns connecting the sides of a drive and road shall have a radius of
ten (10) feet.
B. Driveways shall be designed and constructed in such a manner
that anticipated maximum storm water run-off originating on the roadway will
not drain down the drive, and anticipated maximum storm water runoff originat-
ing on the private property will not drain down the roadway except in the ditch
or gutter line.
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C. Where the driveway is in embankment, culverts and embankment
protectors shall be used to convey the runoff or other drainage to proper dis-
posal channels.
D. Adequate and safe sight distance shall ba provided for a design
speed of fifteen (15) miles per hour..
E. Standing space for motor vehicles, im_raediately adjacent to the
driveway, shall be provided.
F. Where a driveway crosses an existing or proposed trail or path,
the driveway shall be designed so as not to impair the use of such trail or
path.
G. An encroachment permit shall be required for work to be done in
the public right-of-way.
H. Horizontal alignment of the driveway shall be adequate for safe
and convenient travel.
I. Driveways shall have a minimum grade of 0.5% and a maximum
grade of 15% unless in the cpinion of the approving authority a steeper grade
will result in a devslopmant more in keeping with the purposes of this
ordinance, in which case grades up to 205 may be permitted. All grade changes
shall be connected with vertical curvas long enough to prevent contact of car
or fire truck undercarriage or bumper, and to give adaquate riding comfort,
and shall meet the stcndards of the Tcwa Enoineer.
SECTION 15. DRIVEWAY CONSTRUCTION STANDARDS.
A. Driveway entrances to a road or street shall have a minimum
paved width of asphalt, concrete or rucked, of ten (10) feet, e::clusive of
berms, and a maximum paved width of asphalt, concrete or rocked, of twenty
(20) feet. City Enginaer may require a. minimum of twelve (12) foot where he
deems necessary.
B. Driveways serving a single bui'_dinc site with a length measured
from roadway to garage, of less than two hundred (200) feet shall have a
minimum paved width, asphalt or rocked, of ten !10) feet.
C. Driveways serving more than one building site, or having a
length in excess of two hundred (200' fcot., shall have a minimumpaved width
of asphalt, concrete or rocked, of ten (_0; feet, and in addition, turnouts
shall be provided at intervals, not exceeding three hundred and fifty (350) feet
or at such shorter distances as may be required because of limited sight
distance due to the curvature of alignment. The total width at such turnouts
shall be not. less than eighteen (18) feat.
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D. Crown or cross -slope or driveway shall be from one (1) percent
to three (3) percent.
E. Driveways shall have a minimum compacted thickness of untreated
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� rock base of four (4) inches serving one lot, and six (6) inches for two (2)
I or more lots.
F. Where the center line grade of any section of driveway exceeds
eight (8) percent and drains toward the street or road serving the parcel,
the driveways shall be surfaced with a plant mixed surface one and one-half
(1k) inches thick, or be constructed of some other combination of base and
surface providing equal strength and durability. For grades over fifteen (15)
percent, concrete may be required.
G. Berms and drainage facilities shall be provided where required
by the City Engineer.
H. All culverts, bridges and other related structures shall be
designed for H-15 loading criteria as adopted by the State of California,
Department of Public Works, Division of Highways, to facilitate safe movement
of emergency vehicles and fire -fighting equipment.
ARTICLE 5
FEES, DEPOSITS, BONDS, APPEALS, EXCEPTIONS AND PENALTIES
SECTION 1. EXCEPTIONS. The Planning Commission may authorize exceptions
to any of the requirements and regulations set forth in this ordinance.
Application for any exception shall be made by a verified petition relied
upon by the petitioner. Such petition shall be filed with the site
development permit application. In order for the land referred to in the
petition to come within the provisions of this section, it shall be necessary
that the Planning Commission find all of the following facts with respect thereto: .
A. That the land is of such shape or size, or is affected by such
physical conditions, or is subject to such title limitations of record that
it is impossible or impractical for the subdivider to comply with all of the
regulations of this ordinance.
B. That the exception is necessary for the preservation and
enjoyment of a substantial property right of the petitioner.
C. That the granting of the exception will not be detrimental
to the public welfare or injurious to other property in the vicinity of the
subject property.
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#133-3/4/68
SECTION 2:. REFERRAL OF PROPOSED EXCEPTION, Each proposed exception
shall be referred to the officers or agencies involved and. such officers or
departments shall transmit to the Commission their recommendation, which.
recommendations shall be reviewed prior to the granting of any exception.,
- SECTION 3. EXCEPTION, APPROVAL BY THE PLANNING COMMISSION...
The Planning Commission, after public hearing thereon, may, by resolutions_
approve the site development .permit application with the exceptions and
conditions it deems necessary or it may disapprove such site development
permit application and exception application or take such other.. action as is
appropriate.
SECTION 4. REVOCATION OF PERMIT.
A. Authority. In the event any person holding a site development
permit pursuant to this ordinance violates the terms of the permit, or con
ducts or carries on said site development in such a manner as to materially
affect the health, welfare, or safety of persons residing, or working in the.
neighborhood of the property of the said permittee, or conducts or carries.
on said site development so that it is materially detrimental to the public
-
welfare or injurious to property or improvements in the neighborhood, the
Planning Commission shall revoke or suspend the site development permit,,and
a temporary suspension may be made effective immediately upon notification
by the City Engineer.
E. Procedure for Revoking Site Development Permit. No site
development permit shall be permanently revoked or suspended until a hearing
is held by the Planning Commission. Written notice of such hearing shall be.
served upon the permittee, either personally or by registered mail, and shall.
state:
1) The grounds for complaint or reasons for the revocation .or -
suspension, in clear and concise language.
2) The time when, and the place where, such hearing is to be
held. Such notice shall be served by registered mail or personal service, on..
the permittee at least five (5) days prior to the date set for the hearing...;,
At any such hearing the permittee shall be given an opportunity to be heard,
and he may call witnesses and present evidence on his behalf. Upon conclusion
of such hearing, the Planning Commission shall determine whether the permit
shall be suspended or revoked. In the event the determination is to suspend
or revoke the permit, the permittee may appeal the decision to .the Town Council
in the same manner provided in Section 5.
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3) The Planning Commission shall hold the hearing to consider
recommendations for revocation or suspension of permits which have been
temporarily suspended at the next regularly scheduled meeting of the Planning
Commission at which all conditions of paragraph 2) above can be fulfilled,
SECTION 5, APPEALS. Any applicant aggrieved by a determination of
any administrative official may appeal such determination to the Planning
Commission by filing a written notice of appeal with the Planning Commission
Secretary within ten (10) days after receiving notification of the adminis-
trative official's determination. Any applicant aggrieved by a determination
of the Planning Commission nay appeal such determination to the Town Council
by filing a written notice of appeal with the City Manager within ten (10)
days after receiving notice of the Planning Commission's determination,
The City Manager shall then put the matter on the next open agenda for
hearing at a regularly scheduled Town Council meeting.
SECTION 6. FEES. Filing fees and deposits for services shall be as
set forth by resolution of the City Council.
SECTIO14 7, BONDS. The applicant may be required by the City Engineer
to file with the Town Clerk a faithful performance bond or other improvement
security satisfactory to the City Attorney in the amount deemed sufficient
by the City Engineer to cover all the costs of improvements as required by
this ordinance, landscaping, maintenance of landscaping for such periods as
specified by the Town, engineering, inspection fees and incidental expenses.
SECTION 3. EXPIRATION OF PEP34IT. Every site development 'permit
shall expire by .limitation and become null and void if the work authorized
by such permit has not been commenced within one hundred and eighty (130) days,
or is not completed within one (1) year from date of issue; except that the
City Engineer may, if the permit holder presents satisfactory evidence that
.unusual difficulties have prevented work being started or completed within the
specified time limits, grant a reasonable extension of tine if written
application is made before the expiration date of the permit.
SECTION g. PROHIBITED ACTIVITIES.
A. The provisions of this ordinance shall not be construed as
permitting the removal of topsoil solely for resale, or of permitting quarrying
of any nature within the limits of the Town of Los Altos Hills.
B. This ordinance shall also not be construed as authorizing any
person to maintain a private or public nuisance upon their property, and com-
pliance with the provisions of this ordinance shall not be a defense in any
action to abate such nuisance.
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SECTION 10. VIOLATIONS AND PENALTIES. No person, firm or corporation
shall construct, enlarge, alter, repair or maintain any grading, excavation
or fill, or cause the same to be done, contrary to or in violation of any
provisions of this ordinance.
A. Any person, firm or corporation violating any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor, and each such
person shall be deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of any of the provisions of tris
ordinance is committed, continued, or permitted, and upon conviction of any
such violation such person shall be punishable by a fine of not more than
five hundred dollars ($500.00), or by imprisonment for not more than one
hundred and eighty (180) days, or by both such fine and imprisonment.
B. Site Development Committee shall be, and they are hereby
empowered to investigate and make reports to the Planning Commission on any
violations of this ordinance. The Planning Commission, if it determines
that a violation exists, may recommend that legal action be taken by the
Town Council.
SECTION 11. CONSTITUTIONALITY. If any section, subsection,
sentence, clause or phrase of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portions of the ordinance. The Council of the Town of Los Altos Hills hereby
declares that it would have passed this ordinance and each section, subsection,.
sentence, clause and phrase hereof, irrespective of the fact that any one
or more of the sections, subsections, sentences, clauses or phrases hereof
be declared invalid or unconstitutional.
SECTION 12. SHORT TITLE. This ordinance shall be known as the
"Site Development Ordinance of the Town of Los Altos Hills".
SECTION 13. REPEALS. All ordinances and regulations of the Townof Los
Altbs Hillsinconsistent herewith are hereby repealed.
SECTION 14 NUISANCES. Each violation of this ordinance shall be
and constitute a public nuisance and be subject to abatement as such.
SECTION 15. EFFECTIV2 DATE. This ordinance shall be posted in
three (3) public places within the Town of Los Altos Hills and shall
become effective thirty (30) days following its adoption.
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CERTIFICATION OF ADOPTION
I HERBBY CERTIFY that the foregoing ordinance was introduced
at a regular meeting of the City Council of the Town of Los Altos Hills
held on February 19, 1968, and was thereafter, at a regular meeting of
said Council held on March 4, 1968, passed and adopted by the following
roll call vote:
AYES: Councilmen Aiken, Benson, Davey, Fowle, Mayor Henley
NQS: None
ABSENT: None
APPROVED:
/s/ ALBERT T. HENLEY
Mayor
Town of Los Altos Hills
ATTE57':
/s/ DENNIS
R. LAHR
City Clerk
Town of Los
Altos Hills
3/4/68
#133 - Site Development Ordinance
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RESOLUTION NO. 419
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
ESTABLISHING FEES FOR SITE DEVELOPMENT.
RESOLVED BY the City Council of the Town of Los Altos Hills
that the fees to be paid to the Town pursuantto Article V, Section 6
of Ordinance No. 133 adopted by this Council on March 4, 1968, shall
be as follows:
Permits
Not over 50 cubic yards $ 20.00
At least 50 cu. yds. but less than 100 cu. yds. $ 75.00
At. least 100 cu. yds. but less than 500 cu. yds. $100.00
At least 500 cu. yds. but less than 1000 cu. yds. $150.00
1000 yards or over $150.00 plus $5.00 for each additional 1000
cubic yards or portion thereof.
Appeal $ 35.00
I HEREBY CERTIFY that the foregoing resolution was passed and
adopted at a regular meeting of the City Council of the Town of
Los Altos Hills held on March 4, 1968, by the following roll call
vote:
AYES: Councilmen Aiken, Benson, Davey, Fowle, Mayor Henley
NOES: None
ABSENT: None
ATTEST:
/s/ DENNIS R. LAHR
City Clerk
APPROVED:
ALBERT T. HENLEY
��� Mayor