HomeMy WebLinkAbout572 ORDINANCE 572
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING
CHAPTER 1 OF TITLE 9 (SUBDIVISIONS AND PLAN LINES) OF THE
LOS ALTOS HILLS MUNICIPAL CODE
WHEREAS, the California State Subdivision Map Act ("Map Act") regulates the
subdivision of property within the State of California; and
WHEREAS, the Map Act states that the regulation and control of the design and
improvement of subdivisions are vested in the legislative bodies of local agencies and each local
agency shall, by ordinance, regulate and control the initial design and improvement of common
interest developments and subdivisions for which the Map Act requires a tentative and final or
parcel map; and
WHEREAS, the Town of Los Altos Hills adopted Subdivision Ordinance No. 180 to
comply with the Map Act requirements; and
WHEREAS, the Town of Los Altos Hills General Plan Land Use Element states that the
Town shall continue to implement the Subdivision Ordinance and to review and update the
regulations as needed to ensure that development occurs in a manner compatible with the Town's
semi-rural character and its natural environment; and
WHEREAS,the Map Act has been amended over the years and specific regulations in the
Town's Subdivision Ordinance are currently not in compliance with state law; and
WHEREAS, the Town desires to make amendments and additions to the Subdivision
Ordinance in order to bring the Town's regulations into compliance with state law and to provide
further clarity to the subdivision process; and
WHEREAS, the Planning Commission has conducted numerous public hearings and
thoroughly reviewed the draft ordinance and recommended approval to the City Council; and
WHEREAS, the City Council of the Town of Los Altos Hills finds that this project is
exempt from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to
Section 15061(b)(3) of the CEQA Guidelines, because it can be seen with certainty that there is
no possibility that the ordinance will have a significant effect on the environment.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby
ORDAIN as follows:
1. Title 9,Chapter 1, "Subdivisions"is hereby amended to read as follows:
Article 1.Title, Purposes and Objectives
Ordinance 572 Pagc I
9-1.101 Title.
This chapter shall be known and referred to in its entirety as the "Subdivision Law of the
Town of Los Altos Hills."(§ 1:10, Ord. 180, as amended by § I, Ord. 232, eff July 3, 1976)
9-1.102 Purposes and objectives.
The provisions of this chapter are enacted for the purpose of promoting the public health,
safety, convenience and general welfare in the Town and are adopted to regulate the subdivision
of land and to require the provision of certain prescribed improvements which are needed in
consequence of the subdivision of land in order to achieve the following purposes:
(a) To insure the development of land in a manner consistent with the general community
objectives set forth in the General Plan;
(b) To insure that all subdivisions and the development of land conform to the primary
objectives of providing for a permanently wholesome rural residential environment in the
Town;
(c) To protect property in the Town against deterioration and obsolescence;
(d) To preserve and protect the natural beauty, the established character and ecological health
of the community, and through good design, to provide for a harmonious relationship
between completed subdivisions and the natural environment;
(e) To provide lots of adequate size and appropriate design for the purposes for which they are
to be used;
(1) To protect the community against excessive stormwater runoff, soil erosion, earth
movement, flooding, earthquake, and other geological hazards;
(g) To facilitate law enforcement and fire protection through orderly design and development
and the provision of adequate facilities and improvements;
(h) To insure at the time of subdivision the provision of an adequate water supply, storm
drainage, sewage disposal, and other utilities, services, and improvements needed as a
consequence of the division of land;
(i) To insure that governmental costs are minimized by requiring the installation of
improvements of adequate size and quality;
(j) To provide for streets of adequate capacity, with appropriate improvements to provide
access to abutting property, to carry the anticipated traffic, and to insure that streets are
designed to minimize potential safety hazards to vehicles and their occupants,pedestrians,
and equestrians;
Ordinance 572 Page 2
(k) To assure that street rights-of-way are corridors of natural vegetation and terrain through
which motorists and others can travel and retain the feeling of passing through a natural,
undisturbed area, and that street rights-of-way are designed to form an important part of
the natural and rural environment of the Town;
(1) To provide paths and trails for the use, safety, and convenience of pedestrians, bicyclists,
and equestrians desiring access to community facilities,travel throughout the community,
and the enjoyment of the natural amenities of the community;
(m) To minimize through traffic on residential streets;
(n) To provide for the coordination of subdivision development with the provision of public
facilities, such as parks, recreation areas, schools, and other types of community facilities.
This chapter is enacted in accordance with the Subdivision Map Act,being Division 2, of
Title 7, of the Government Code of the State of California, herein called the"Subdivision
Map Act."(§ 1:20, Ord. 180, as amended by § I, Ord. 232, eff July 3, 1976)
Article 2. Definitions
9-1.201 Scope.
For the purpose of this chapter,unless otherwise apparent from the context, certain words
and phrases used in this chapter are defined as set forth in this article and these shall control.Terms
not defined in this article shall be as defined in Title 10, Chapter 1 of the Town Municipal Code.
Terms defined neither in this article nor in Title 10, Chapter 1, shall be as defined in the
Subdivision Map Act. Such definitions are incorporated in this article by reference and shall apply
to such words and phrases used therein as though set forth in this article in full,unless the context
clearly indicates a contrary intention. (§ 2:10, Ord. 180, as amended by § 1, Ord. 232, eff July 3,
1976)
9-1.202 Designated.
Area, Gross. Gross area means the total land area included within the boundary of any
parcel of land or lot, which boundaries are specified in the deed to the property, or as shown and
delineated on a recorded final map, parcel map or record of survey on file in the office of the
County Recorder.
Area, Net. Net area means the gross area of any parcel of land, less panhandles and all
public and private easements for vehicular access within the parcel,excluding easements primarily
for maintenance and emergency access. Panhandles are defined separately.
Average parcel slope means the value S, in percent, computed in accordance with
subsection (b) of Section 9-1.604.
Ordinance 572 Page 3
Building site means that portion of a lot or parcel on which a residence may be placed so
as to conform with the provisions of this chapter and all building, sanitary, zoning, and other laws
or ordinances of the Town. The building site shall not include areas within required yard, creek
and drainage setbacks, shall be outside of known fault zones and easements, and shall not include
areas with slopes in excess of 30% unless the average slope of the property exceeds 30%. All
proposed building sites shall be sufficient in area to accommodate the maximum floor area
permitted for a proposed parcel.
Certificate of Compliance means a document prepared and issued by the Town, and
intended for recordation certifying that a parcel or parcels of property within the Town are lots
lawfully created and existing in compliance with this title and the Subdivision Map Act and can
be sold, leased or financed without further proceedings under this title.
Corridor means the same as "panhandle." In addition, the term means a portion of land
utilized primarily for vehicular access from the public or private vehicular right-of-way to the
buildable area of two or more lots. Said portion of land may be in single ownership with granted
easements, or may be in multiple ownerships with granted reciprocal easements.
Driveway means a private way or route for use by vehicular traffic leading from a parking
area,house,garage or other structure to a public or private right-of-way, and serving no more than
two (2)parcels or lots.
Easement, Buffer. Buffer easement means a portion of land which may be improved by
the subdivider at Town discretion in such a manner as to delimit unattractive visual surroundings,
reduce noise from surrounding lands or roadways, separate vehicular traffic from pedestrian and
equestrian traffic for traffic safety purposes, or for any other reasons as may be determined by the
Planning Commission and affirmed by the City Council.
Easement, Conservation is a voluntary legal agreement between a landowner and a
qualified conservation organization or a public agency that protects the land in its natural, scenic,
historical, agricultural, forested, or open space condition in perpetuity. A conservation easement
permanently limits the extent and location of future structures and defines the type of land use(s)
that can occur while allowing landowners to retain ownership and control of the property.
Easement,Open Space means an easement over a portion of land reserved for the express
purpose of protecting natural vegetation, terrain, watercourses, and wildlife habitat and for the
purpose of preventing or limiting drainage and erosion problems. This type of easement may be
required by the Town as a condition of approval for the subdivision/development of parcels in
designated Open Space Conservation Areas, on areas with a 30% or greater slope, on areas with
heritage oak trees,or on other environmentally sensitive areas such as along drainages,creeks and
riparian corridors. Limitations on the location and type of future structures, the placement of
utilities,allowable uses and other variables are defined in an Agreement for Open Space Easement,
while allowing landowners to retain ownership of the property.
Easement, Pathway. Pathway easement means a portion of land reserved for the express
use of equestrian, pedestrian, or bicycle traffic, or any combination use thereof, as recommended
Ordinance 572 Page 4
by the Pathway Committee, determined by the Planning Commission and affirmed by the City
Council.
Easement,Sanitary Sewer.Sanitary sewer easement means a portion of land reserved for
the express use of sanitary related improvements, both immediate and future, and shall be
determined as such by the City Engineer.
Easement, Slope Control. Slope control easement means a portion of land reserved
immediately outside of and adjoining the right-of-way of a road which is of sufficient width to
allow for the maintenance of the slope in order to prevent damage to the roadway and/or adjoining
properties, and shall be determined as such by the City Engineer.
Easement, Storm Drain. Storm drain easement means a portion of land reserved for the
express use of storm runoff or watercourse improvements both immediate and future, and shall be
determined as such by the City Engineer.
Frontage means that portion of the length of a single parcel or lot which abuts public or
private road rights-of-way.
Government Code means the Government Code of the State of California,or as amended.
Health Department and/or Health Officer means the County of Santa Clara Department
of Environmental Health and/or an employee of the Department of Environmental Health or his or
her assistant(s) or authorized deputy(ies) acting as the Health Officer for and of the Town.
Improvements are defined as the following:
(a) Utility improvements, though not limited to the following, mean storm drains, sanitary
sewers,potable water systems,electrical,telephone,gas and fire protection systems,which
the subdivider has agreed to install on lands which are offered for dedication as streets
and/or easements as deemed necessary for the general use of lot owners in the subdivision
and the local neighborhood;
(b) Street improvements, though not limited to the following, mean pavement, curbs,
combined curbs and gutters, landscaping, retaining walls, road dividers, erosion controls,
sewage collection and disposal systems, storm drainage facilities, and flood control
facilities;
(c) Other improvements mean other specific improvements or types of improvements, the
installation of which, either by the subdivider, by public agencies, by private utilities, by
any other entity approved by the Town or by a combination thereof, is necessary or
convenient to insure conformity to or implementation of the General Plan or any specific
plan adopted pursuant to Division 1, Chapter 3, Article 8 of the California Government
Code, commencing with Section 65450.
Ordinance 572 Page 5
Lot means a unit or portion of land separated from other parcels or portions by description
and accomplished by a recorded parcel map,record of survey map, or a recorded final subdivision
map,or created legally by deed. The word"parcel"shall be considered the same as the word"lot".
Maps shall be defined as the following:
(a) Preliminary map means a map prepared by a State-registered civil engineer or State-
licensed land surveyor, for the purpose of showing the initial conceptual design of a
proposed subdivision, and the existing conditions in and around it, and need not be based
upon an accurate or detailed final survey of the property;
(b) Tentative map means a map prepared by a State-registered civil engineer or State-licensed
land surveyor for the purpose of showing the design of a proposed subdivision and the
existing conditions of the property and its surroundings;
(c) Final Map or Parcel Map means a map prepared in accordance with the provisions of this
chapter and the Subdivision Map Act, which map is designed to be placed on record in the
office of the County Recorder
Means of access means a street, right-of-way, a public or private easement designed for
ingress to and egress from any parcel of land to a public street.
Owner means any individual, firm, association, syndicate, co-partnership, corporation,
trust, or any other legal entity having sufficient proprietary interest in the land sought to be
subdivided to commence and maintain proceedings to subdivide the same, pursuant to the
provisions of this chapter.
Panhandle means the portion of a lot which connects the buildable section of the lot to the
public or private vehicular right-of-way. Said portion of land which accomplishes the above
connection shall be used primarily for vehicular access to a single lot.
Parcel means all contiguous land which has not been separated by the means described in
this chapter and held in one ownership as indicated in the records of the County Recorder.
Public utility means private corporations or governmental jurisdictions authorized by law
to establish and maintain any such works or facilities in,under,or over any public street,easement
or right-of-way.
Reserve strip means those controlling the access to public ways and will not be approved
unless such strips are necessary for the protection of the public welfare and/or substantial property
rights and shall only be approved when the complete control and disposal of the land and all of its
uses comprising such strips are placed completely within the exclusive control of the City Council.
Right-of-way, as used in this chapter, includes all or any part of the entire width of a road
and/or street easement.
Ordinance 572 Page 6
Road means a way for vehicular traffic, whether designated as a road, lane, street, avenue,
way, place, drive, cul-de-sac, thoroughfare, or otherwise, and includes any portion of a right-of-
way for motor vehicle travel which affords the principal means of access to abutting property,
including public and private rights-of-way and easements for ingress and egress purposes.
Road,Arterial means a road for inter-community and local traffic, providing connections
to freeways and expressways which provides through traffic movement between areas and across
the Town, subject to the necessary control of entrances, exits, and roadside use.
Road, Collector means a road which, because of its design and location is intended to
collect traffic from local and neighborhood connector roads and carry that traffic to the limited
arterial roadway system. Collector Roads are also designed with limited driveway access to
provide principal connections from residential areas to arterials or expressways.
Road, Connector means a road which, because of its design and location, connects
adjacent residential land uses and generally connects one neighborhood area with another.
Occasionally, a connector road will directly connect to an arterial road.
Road, Cul-de-Sac. Cul-de-sac road means any road having but one outlet for vehicular
travel, the terminus of said road being within the subdivision, enclosed by parcels of land
comprising lots or parcels of the subdivision, and having special facilities for the turning around
of vehicular traffic.
Road, Dead-end. Dead-end road means any road having but one outlet for vehicular,
pedestrian, and equestrian traffic which is designed to be continued as a through street at a later
date and terminating one foot from the property adjoining the subdivision.
Road, Emergency Fire. Emergency fire road means any roadway designed expressly for
use in the event of a fire and/or emergency either of a manmade or natural cause.
Road, Local. Local road means a road which, because of its design and location with
respect to other roads, is used primarily for local traffic or access to the abutting property.
Road, Private. Private road means a road, way, or street in private ownership and under
private maintenance,not offered for dedication as a public road,way,place or street,which affords
the principal means of access to three or more lots or parcels which do not have frontage on a
public street.
Road, Public. Public road means a road dedicated to, accepted by, and maintained by the
Town, the County, or the State, including roads offered for dedication to the Town which have
been improved, or for which an improvement security is in effect to improve the same. The term
includes "Town road,""accepted road," "accepted public road,"and"dedicated road."
Standard mean the specifications and standard drawings of the Town of Los Altos Hills
for design and construction of improvements, which specifications and drawings have been
approved by the City Council.
Ordinance 572 Page 7
Subdivider means any individual, firm, association, syndicate, partnership, corporation,
trust, or any other legal entity, public, governmental, or otherwise, who proposes to divide, does
divide, or causes to be divided, real property into a subdivision of land for himself, herself, for
another, for itself, or for others except that employees and consultants of such persons or entities,
acting in such capacity, are not"subdividers".
Subdivision means and includes the division of any improved or unimproved real property
or portion thereof, as shown on the latest equalized Santa Clara County assessment roll, as a unit
or as contiguous units, which land is to be divided for the purpose of sale, lease or financing, or
construction of improvements thereon, whether immediate or future. A subdivision includes all
divisions of land which are excluded from the definition of subdivision in Section 66424 of the
Government Code, or as amended. The separation of a single lot, parcel, or site from a larger lot,
parcel,or site shall constitute a subdivision.
Subdivision Committee means a committee composed of the following persons or their
designated representatives: the City Engineer, the Planning Director, other staff as appropriate,
one member of the Planning Commission, as designated by the Chair of that Commission, one
member of the Environmental Design and Protection Committee, one member of the Open Space
Committee, and one member of the Pathways Committee. A quorum of the committee members
is not required to conduct a meeting.
Substandard lot means a parcel of land that does not meet the minimum parcel size
requirements in Section 10-1.501 of the Zoning Ordinance.
Article 3. General Provisions
9-1.301 Applicability.
No division of land shall be made within the Town except in conformity with the applicable
provisions of this chapter and the Subdivision Map Act of the State.(§ 3:10,Ord. 180,as amended
by § I, Ord. 232, eff. July 3, 1976)
9-1.302 Interpretation.
Whenever any provisions of this chapter and any other provision of the City law, whether
set forth in this chapter or in any other law, ordinance, or resolution of any kind, imposes
overlapping or contradictory regulations over the subdivision of land, or contains any restrictions
covering any of the same subject matter,that provision which is more restrictive or imposes higher
standards or requirements shall govern. (§ 3:15, Ord. 180, as amended by § t, Ord. 232, eff. July
3, 1976)
Ordinance 572 Page 8
9-1.303 Issuance of permits for new development.
No building permit shall be issued for any new structure, nor shall any permit be issued by
the Health Department for any new septic tank or sewage disposal system,serving a new structure,
within an area upon which a tentative subdivision map has been filed, until the final map thereof
has been recorded. (§ 3:20, Ord. 180, as amended by § 1, Ord. 232, eff. July 3, 1976)
9-1.304 Denial of permit.
Permits or other approval necessary to develop any real property which has been divided,
or which has resulted from a division, in violation of the provisions of this chapter shall not be
issued or granted if the Town finds that development of such real property is contrary to the public
health or the public safety. This authority to deny such permit or approval shall apply whether the
applicant was the owner of the real property at the time of such violation or whether the applicant
is the current owner of the real property with or without actual constructive knowledge of the
violation at the time of the acquisition of the applicant's interest in such real property. The City
Council may authorize the issuance or granting of such permit or approval upon the imposition of
such conditions as would have been applicable to the division of the property at the time the current
owner of record acquired the property. Any decision of Town officials may be appealed as
provided for in Article 10 of this chapter. (§ 3:30, Ord. 180, as amended by § 1,Ord. 232, eff.July
3, 1976)
9-1.305 Waivers.
The Commission may recommend and the Council may grant a waiver of any or all of the
provisions of this chapter and the Town standards for any parcel which does not have an existing
residence and is not to be used for such purpose.
Whenever a waiver is granted pursuant to the provisions of this section,a condition of approval or
deed restriction shall be applied limiting the future use of the lot.
9-1.306 No sale or lease until Final Map is in full compliance.
(a) No person shall sell, lease, or finance any parcel or parcels of real property or commence
construction of any building for sale, lease or financing thereon, or allow occupancy
thereof, for which a final map is required by this division or local ordinance,until the final
map thereof in full compliance with this division and any local ordinance has been filed
for record by the recorder of the county in which any portion of the subdivision is located.
(b) No person shall sell, lease or finance any parcel or parcels of real property or commence
construction of any building for sale, lease or financing thereon, or allow occupancy
thereof, for which a parcel map is required by this division or local ordinance, until the
parcel map thereof in full compliance with this division and any local ordinance has been
filed for record by the recorder of the county in which any portion of the subdivision is
located.
Ordinance 572 Page 9
(c) Conveyances of any part of a division of real property for which a final or parcel map is
required by this division or local ordinance shall not be made by parcel or block number,
initial or other designation,unless and until the final or parcel map has been filed for record
by the recorder of the county in which any portion of the subdivision is located.
(d) Subsections (a), (b), and (c) do not apply to any parcel or parcels of a subdivision offered
for sale or lease,contracted for sale or lease,or sold or leased in compliance with or exempt
from any law (including a local ordinance), regulating the design and improvement of
subdivisions in effect at the time the subdivision was established.
(e) Nothing contained in subsections(a)and(b)shall be deemed to prohibit an offer or contract
to sell, lease,or finance real property or to construct improvements thereon where the sale,
lease, or financing, or the commencement of construction, is expressly conditioned upon
the approval and filing of a final map or parcel map, as required under this division.
9-1.307 Voidability of deeds or contracts.
(a) The provisions of this section shall not apply to the conveyance of any parcel or real
property identified in a certificate of compliance or identified in a recorded final
subdivision map or parcel map, from and after the date of recording.
(b) The provisions of this section shall not limit or affect in any way the rights of a grantee or
his or her successor in interest under any other provisions of law.
(c) Any deed of conveyance, sale or contract to sell real property which has been divided, or
which has resulted from a division, in violation of the provisions in the Subdivision Map
Act or this chapter is voidable at the sole option of the grantee,buyer or person contracting
to purchase, his or her heirs, personal representatives, or trustee in insolvency or
bankruptcy within one year after the date of discovery of the violation of the provisions in
the Subdivision Map Act or other ordinances of the Town enacted pursuant to the
provisions of this chapter, but the deed of conveyance, sale or contract to sell is binding
upon any successor in interest of the grantee, buyer, or person contracting to purchase,
other than those above enumerated, and upon the grantor, vendor or person contracting to
sell, or his or her assignee,heir or devisee. (§ 1, Ord.232, eff. July 3, 1976)
9-1.308 Recordation.
No map of any subdivision shall be entitled to be recorded in the office of the County
Recorder until the map has met all the conditions of approval as set forth in this chapter. Should
any unapproved map or any unapproved description of a subdivision nevertheless be recorded,the
City Council shall institute proceedings to have such map or description cancelled from the records
in the office of the County Recorder. (§ 1, Ord. 232, eff. July 3, 1976)
Ordinance 572 Page 10
9-1.309 Recording of Notice of Violation.
All City employees having knowledge that real property has been divided in violation of
the Subdivision Map Act or of this chapter shall report the same to the City Manager, who shall
cause to be mailed by certified mail to the current owner of record of the property a notice of
intention to record a notice of violation, describing the real property in detail, naming the owners
thereof, and stating that an opportunity will be given to the owner to present evidence. The notice
shall specify a time, date, and place for a meeting at which the owner may present evidence to the
City Manager why the notice should not be recorded. The notice shall also contain a description
of the violations and an explanation as to why the subject parcel is not lawful under subdivision
(a) or(b) of Section 66412.6.
The meeting shall take place no sooner than 30 days and no later than 60 days from date of mailing.
If, within 15 days of receipt of the notice, the owner of the real property fails to inform the City
Manager of his or her objection to recording the notice of violation,the City Manager shall record
the notice of violation with the county recorder. If, after the owner has presented evidence, it is
determined that there has been no violation, the City Manager shall mail a clearance letter to the
then current owner of record. If, however, after the owner has presented evidence, the City
Manager determines that the property has in fact been illegally divided, the City Manager shall
record the notice of violation with the county recorder. The notice of violation, when recorded,
shall be deemed to be constructive notice of the violation to all successors in interest in such
property. The county recorder shall index the names of the fee owners in the general index.
9-1.310 Merger of nonconforming parcels.
The Town shall require the merger of a parcel or unit with a contiguous parcel or unit held
by the same owner if any one of the contiguous parcels or units held by the same owner does not
conform to standards for minimum parcel size,under the zoning ordinance applicable to the parcels
or units, and if all of the following requirements are satisfied:
(a) At least one of the affected parcels is undeveloped by any structure for which a building
permit was issued or for which a building permit was not required at the time of
construction,or is developed only with an accessory structure or accessory structures,or is
developed with a single structure, other than an accessory structure, that is also partially
sited on a contiguous parcel or unit.
(b) With respect to any affected parcel, one or more of the following conditions exists:
(1) The parcel comprises less than 5,000 square feet in area at the time of the
determination of merger;
(2) The parcel was not created in compliance with applicable laws and ordinances in
effect at the time of its creation.
(3) The parcel does not have direct access to a public sewer line and cannot install a
new private wastewater disposal system that meets current Santa Clara County
Department of Environmental Health requirements.
Ordinance 572 Page 11
(4) The parcel does not meet slope stability standards due to existing soils or other
geological and seismic conditions.
(5) The parcel does not have legal access or a recorded access easement adequate for
Fire Department access and maneuverability.
(6) Development of the property would create health and/or safety hazards due to
unstable soils and landslide areas, increased stormwater runoff on slopes that are
greater than 30%, and the substantial removal of natural vegetation would
destabilize existing slopes.
(7) The parcel is inconsistent with the development standards in the general plan,other
than minimum lot size or density. The general plan delineates minimum building
setbacks of 40 feet from the front property line, 30 feet from the side and rear
property lines and 25 feet from the top of creek banks, limits development of
ridgelines, restricts development on slopes that exceed 30%, leaves undisturbed
natural swales and drainage channels, and requires the dedication of open space
easements based on the extent of steep slopes generally in excess of 30%, the
presence of heritage oak trees, and the location of creek corridors.
(c) The owner of the affected parcels shall be notified of the merger proposal pursuant to
Section 66451.13 of the Subdivision Map Act, and shall be afforded the opportunity for a
hearing pursuant to Section 66451.14. For purposes of this section, when determining
whether contiguous parcels are held by the same owner, ownership shall be determined as
of the date that the Notice of Intention to Determine Status is mailed.
9-1.311 Notification of intended merger.
Whenever the Planning Director believes that a parcel or unit of land may satisfy the
requirements set forth in Section 9-1.310 and ought to be merged, or whenever the Planning
Commission or the City Council makes such determination and instructs the Planning Director to
initiate proceedings under this chapter, the Director shall cause to be mailed by certified mail to
the then current record owner of the property a notice of intention to determine status, notifying
the owner that the affected parcels may be merged pursuant to the standards of Section 9-1.310,
and advising the owner of the opportunity to request a hearing on determination of status and to
present evidence at the hearing that the property does not meet the criteria for merger. The notice
of intention to determine status shall be filed with the County Recorder on the date that the notice
is mailed to the property owner.
9-1.312 Request for hearing; notice.
At any time within thirty days after recording the notice of intention to determine status,
the owner of the affected property may file with the Planning Director a request for a hearing on
determination of status. Upon receiving such request, the Director shall fix a time, date and place
for a hearing to be conducted by the City Council and shall notify the property owner of the hearing
by certified mail. The hearing shall be conducted not more than sixty (60) days following the
Director's receipt of the property owner's request for the hearing, but may be postponed or
continued with the mutual consent of the City Council and the property owner.
Ordinance 572 Page 12
9-1.313 Action by the City Council.
(a) At the hearing conducted by the City Council in accordance with Section 9-1.312, the
property owner shall be given the opportunity to present any evidence that the affected
property does not meet the standards for merger as specified in Section 9-1.310. Upon the
conclusion of such hearing, the City Council shall make a determination that the affected
parcels are to be merged or are not to be merged and shall notify the property owner of its
determination.
(b) A final determination and notice of merger by the City Council shall be recorded in the
office of the County Recorder within thirty (30) days after the date on which the
determination is rendered. The notice shall specify the name of the record owners and the
legal description of the affected property.
9-1.314 Determination when no hearing is requested.
If, within the thirty(30) day period specified in Section 9-1.312, the owner does not file a
request for a hearing, the City Council may, at any time thereafter, make a determination that the
affected parcels are to be merged or are not to be merged. A determination of merger shall be
recorded as provided in subsection 9-1.313(b)no later than ninety(90)days following the mailing
of notice required by Section 9-1.311.
9-1.315 Release of notice of intended merger.
If the City Council determines that the affected parcels shall not be merged, it shall cause
to be recorded in the office of the County Recorder a release of the notice of intention to determine
status recorded pursuant to Section 9-1.311, and shall mail a clearance letter to the then current
owner of the property.
9-1.316 Effective date of merger.
If the City Council determines that the affected parcels shall be merged, the merger will
become effective upon recording in the office of the County Recorder the determination of merger
as provided in subsection 9-1.313(b).
9-1.317 Certificate of Compliance.
Any person owning real property or a vendee of that person pursuant to a contract of sale
of the real property may request,and the Town shall determine,whether the real property complies
with the provisions of the Subdivision Map Act and this chapter.
9-1.318 Certificate of Compliance required.
A Certificate of Compliance shall be required prior to the submittal of a Site Development
Permit on any vacant, substandard parcel, as defined in Section 9-1.202, that was not created
through a legal recorded map.
Ordinance 572 Page 13
9-1.319 Certificate of Compliance submittal requirements.
The applicant shall submit a complete application in accordance with the requirements
established by the Town and shall be accompanied by the required fees and deposits as prescribed
by resolution of the City Council.
9-1.320 Certificate of Compliance procedures—City Council approval required.
If the City Council determines that the real property complies with the Subdivision Map
Act and this chapter, then the City Council shall approve the Certificate of Compliance and cause
it to be filed for record with the Santa Clara County Recorder.
If the City Council determines that the real property does not comply with the provisions of the
Subdivision Map Act and this chapter, then the Council shall issue a Conditional Certificate of
Compliance. The City Council may, as a condition to granting a Conditional Certificate of
Compliance,impose any conditions that would have been applicable to the division of the property
at the time the applicant acquired his or her interest therein, and that had been established at that
time by the Map Act or this chapter. However, if the applicant was the owner of record at the time
of the initial violation of the provisions of the Map Act or this chapter who by a grant of the real
property created a parcel or parcels in violation of this division or local ordinances enacted
pursuant to this division,and the person is the current owner of record of one or more of the parcels
which were created as a result of the grant in violation of this division or those local ordinances,
then the local agency may impose any conditions that would be applicable to a current division of
the property. Upon making the determination and establishing the conditions, the City Council
shall cause a conditional certificate of compliance to be filed for record with the Santa Clara
County Recorder.
The certificate shall serve as notice to the property owner or vendee who has applied for the
certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee
or assignee of the property, that the fulfillment and implementation of these conditions shall be
required prior to subsequent issuance of a permit or other grant of approval for development of the
property. Compliance with these conditions shall not be required until the time that a permit or
other grant of approval for development of the property is issued by the local agency.
Once a determination to approve or conditionally approve the Certificate of Compliance is made
by the City Council,each Certificate of Compliance or Conditional Certificate of Compliance shall
include,but not be limited to, all of the following:
(a) Name or names of owners of the parcel;
(b) Assessor parcel number or numbers of the parcel;
(c) The number of parcels for which the certificate of compliance or conditional certificate of
compliance is being issued and recorded;
Ordinance 572 Page 14
(d) Legal description of the parcel or parcels for which the certificate of compliance or
conditional certificate of compliance is being issued and recorded;
(e) A notice stating as follows: "This certificate relates only to issues of compliance or
noncompliance with the Subdivision Map Act and local ordinances enacted pursuant
thereto. The parcel described herein may be sold, leased, or financed without further
compliance with the Subdivision Map Actor any local ordinance enacted pursuant thereto.
Development of the parcel may require issuance of a permit or permits, or other grant or
grants of approval. "
(f) Any conditions to be fulfilled and implemented prior to subsequent issuance of a permit or
other grant of approval for development of the property, as specified in the conditional
certificate of compliance.
9-1.321 Lot Line Adjustment requirements.
A parcel map shall not be required for a lot line adjustment between four (4) or fewer
existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel,
and where a greater number of parcels than originally existing is not thereby created. Where an
owner of adjoining parcels has previously obtained a lot line adjustment for four adjoining parcels
and subsequently requests a lot line adjustment for one or more additional adjoining parcels, a
subdivision is required. Where more than one property owner concurrently requests a lot line
adjustment for more than four adjoining parcels, a subdivision is required. Review and approval
by the Town is limited to a determination of whether or not the parcels resulting from the lot line
adjustment conform to the general plan, any applicable specific plan, and zoning and building
ordinances. No conditions or exactions shall be imposed on the approval of a lot line adjustment
except to conform to the general plan,applicable specific plan and zoning and building ordinances,
to require the prepayment of real property taxes prior to the approval of the lot line adjustment,or
to facilitate the relocation of existing utilities, infrastructure,or easements. The lot line adjustment
shall be reflected in a deed, which shall be recorded. No record of survey shall be required for a
lot line adjustment unless required by Section 8762 of the Business and Professions Code.
9-1.322 Lot Line Adjustment required information.
The applicant shall submit a complete application in accordance with the requirements
established by the Town and shall be accompanied by the required fees and deposits as prescribed
by resolution of the City Council. The required plat map and legal descriptions shall be prepared
by a registered civil engineer or land surveyor. In addition, a certification shall be required from
the owner of each affected parcel documenting ownership of the parcel and certifying the owner's
right to authorize the lot line adjustment.
9-1.323 Lot Line Adjustment procedures.
An application for a lot line adjustment shall be filed with the Planning Director or his or
her authorized representative. The application shall be signed by all parties holding an ownership
interest in any properties which are the subject of the proposed lot line adjustment.
Ordinance 572 Page 15
Upon submittal of an application for a lot line adjustment the Planning Director or his or her
authorized representative shall examine the application and supplemental data and information to
determine if all requirements for the filing are in accordance with the provisions of the Subdivision
Map Act and this chapter, as to form and information required to be furnished therewith, or shown
thereon, and all required fees for filing have been paid.
The Planning Director or his or her authorized representative shall then transmit copies of the lot
line adjustment, along with accompanying data, to the Santa Clara County Department of
Environmental Health (if on a private wastewater system), Town departments and committees,
public utilities, and the appropriate water district for review and comments.
Once the application has been deemed complete and in compliance with the General Plan, the
Zoning Ordinance, and this chapter, then the Planning Director or his or her authorized
representative shall schedule a noticed public hearing. Ten (10) days prior to the scheduled
hearing, a public notice shall be mailed to the owners of each parcel subject to the lot line
adjustment and to all properties within five hundred (500) feet of the exterior boundaries of the
proposed lot line adjusted properties,advising of the time,place,and date of the hearing, with said
notices addressed to the owners as noted on the last equalized tax assessment roll. All required
names and addresses shall be provided by the applicant or his or her representative at the time of
submittal of the lot line adjustment application.
The Planning Director, at a noticed public hearing, shall review the lot line adjustment for
conformance with the general plan, zoning and building ordinances, and the provisions of this
chapter and shall be the approving body for lot line adjustments. The Planning Director shall
approve, conditionally approve or deny the application. If the Planning Director conditionally
approves the application, such conditions must be satisfied within the time set forth in Section 9-
1.326.
9-1.324 Findings for Approval
A Lot Line Adjustment between conforming parcels may be approved if the following
findings can be made,or can be made on the basis of conditions imposed by the Planning Director:
a) That the proposed lot line adjustment is consistent with the General Plan;
b) That the proposed lot line adjustment does not create a parcel(s) reduced in dimension or
area so as to be smaller than required by the provisions in this chapter or the Zoning
Ordinance;
c) That the lot line adjustment does not result in the creation of a new nonconforming situation
nor increase the intensity of an existing nonconforming situation;
d) That the proposed lot line adjustment will not conflict with existing easements.
Ordinance 572 Page 16
A Lot Line Adjustment involving one or more nonconforming parcels may be approved if the
following findings can be made or can be made on the basis of conditions imposed by the Planning
Director:
a) That the proposed lot line adjustment does not result in an existing conforming parcel being
reduced in dimension or area so as to be smaller than required by the provisions in this
chapter or the Zoning Ordinance;
b) That the proposed lot line adjustment does not result in a nonconforming parcel that is less
in dimension or area than the original parcel;
c) That an existing parcel with an Lot Unit Factor(LUF) greater than 0.50 is not adjusted to
result in an LUF of 0.50 or less;
d) That the lot line adjustment does not result in the creation of a new nonconforming situation
nor increase the intensity of an existing nonconforming situation;
e) That the proposed lot line adjustment will not conflict with existing easements.
The Planning Director shall not impose conditions on an approval of a lot line adjustment except
for those conditions which the Planning Director deems necessary or appropriate for
implementation of, and conformity with, any General Plan policies, any zoning regulations set
forth in this chapter or the Zoning Ordinance, any regulations set forth in the Town's building
ordinances, or to facilitate the relocation of existing utilities, infrastructure or easements.
9-1.325 Appeal to Planning Commission.
The Planning Director's approval, approval with conditions, or denial of a lot line
adjustment may be appealed to the Planning Commission. Appeals shall be filed with the City
Clerk within twenty-two (22) days after the action of the Planning Director from which the appeal
is being taken. The procedure for appeals shall be in conformance with Article 10 of this chapter.
9-1.326 Expiration and time extensions
If the Planning Director conditionally approves the lot line adjustment application, all
conditions imposed by the Planning Director shall be satisfied within twenty-four (24) months
from the date on which the Planning Director, (or Planning Commission or City Council on
appeal), granted its conditional approval of the lot line adjustment application. Applicant shall
submit evidence of compliance as required by the Planning Director.
A one year extension of time from the expiration date may be granted by the Planning Director.
The application for extension shall be filed prior to the expiration date, and shall be accompanied
by the payment of a fee in such amount as established from time to time by resolution of the City
Council. Extension of tentative approval is not a matter of right and the Planning Director may
deny the application if, in the Planning Director's sole and absolute discretion, such extension is
not warranted.
Ordinance 572 Page 17
If any required condition is not satisfied within the times set forth by this section,such conditional
approval shall expire.
9-1.327-Recordation of lot line adjustment.
Upon the City Engineer's determination that all conditions of approval, if any, have been
satisfied, and the legal descriptions and plat are approved,the Town will prepare the Certificate of
City Engineer and notify the property owner(s) that the document is ready to be filed for record in
the office of the County Recorder. The approved lot line adjustment shall be reflected in a deed,
which shall be recorded in the office of the County Recorder. It is the responsibility of the owner(s)
to record the document.
Article 4. Preliminary Maps and Hearings
9-1.401 Purpose of preliminary map.
The provisions of this article are to provide an advisory service to the subdivider prior to
his or her preparation of a tentative map, and compliance or noncompliance with this advisory
service shall be discretionary with the subdivider. (§4:10, Ord. 180, as amended by § 1, Ord. 232,
eff July 3, 1976)
9-1.402 Maps—Preparation—Conformance with laws.
The initial action for any subdivision shall be the preparation of a preliminary map which
shall show or be accompanied by such data as is required by this article. Every person desiring to
divide a parcel of land in the Town into two or more parcels shall use the procedures as set forth
in this article, except as set forth in Section 9-1.403. A preliminary map shall not be considered
for any purpose unless all the provisions of this article are complied with by the subdivider. (§
4:15, Ord. 180, as amended by § 1, Ord. 232, eff. July 3, 1976)
9-1.403 Requirement for Preliminary Map.
(a) Wherever the division of land shall create four(4) lots or fewer, including parcels that can
be further subdivided, the requirements of a preliminary map and conference may be
waived jointly by the Planning Director and City Engineer, and a tentative parcel map, as
set forth in Article 5 of this chapter, shall be filed,which shall meet all the requirements of
the Subdivision Map Act and this chapter and shall show all dedications or offers of
dedication thereon.
9-1.404 Preliminary maps—Required information.
Prior to the submission of a tentative map, the subdivider shall submit to the Town a
preliminary map, except as noted in Section 9-1.403. A complete application shall be submitted
in accordance with the requirements established by the Town and shall be accompanied by the
required fees and deposits as prescribed by resolution of the City Council.
Ordinance 572 Page 18
Where a subdivider proposes to subdivide a portion of a larger parcel, he or she shall demonstrate
how the proposed subdivision will relate to the future development of the remainder of the original
parcel being proposed to be subdivided. Proposed street location(s) and lot design shall be
indicated. (§ 4:35, Ord. 180, as amended by § 1, Ord. 232, eff. July 3, 1976)
9-1.407 Preliminary maps—Distribution.
Upon submittal of the preliminary map, the Planning Director shall transmit copies of the
preliminary map, along with accompanying data, to the Santa Clara County Department of
Environmental Health, Los Altos Hills County Fire Protection District, other state agencies as
appropriate, Town departments and committees, public utilities, and appropriate water district for
review and comment.
The Planning Director or his or her authorized representative shall schedule a Subdivision
Committee meeting to be held following the next available Planning Commission meeting,but no
later than forty-five (45) days after the submittal of the preliminary tentative map. Public notices
shall be sent to the owner of each parcel of property within five hundred(500)feet of the boundary
of the proposed subdivision,with said notices addressed to the owner as noted on the last equalized
tax assessment roll. All required names and addresses shall be provided by the subdivider or his
or her representative at the time of the submission of the preliminary map.
At the meeting, the Subdivision Committee and agencies, taking into consideration the
provisions of this chapter, shall make such general recommendations, advice, or suggestions as
can be reasonably given by such representatives, based upon the information submitted. All
recommendation and comments shall be advisory only, and not binding upon either party. (§4:40,
Ord. 180, as amended by § I, Ord. 232. eff. July 3. 1976)
9-1.408 Preliminary maps—Commission review.
When the Subdivision Committee finds that a preliminary map involves policy questions
and that a review of such matters with the Commission would assist in the processing of the
subdivision application, the Subdivision Committee may submit the question(s) to the
Commission.The Commission may review the question(s)without benefit of a public hearing,and
individual Commissioners may express opinions based on the information presented. The
Commission shall not take formal action on the preliminary map. All comments of individual
Commissioners shall be construed to be suggestive only,recognizing the preliminary nature of the
proceedings and shall not be binding on the Commission or the subdivider. (§ 4:41, Ord. 180, as
amended by§ 1, Ord. 232, eff. July 3. 1976)
Article 5. Tentative Maps
9-1.501 Purpose.
The purpose of this article is to provide a sufficient amount of accurate data in order to
make the best decisions possible regarding the development and improvement of lands within the
Ordinance 572 Page 19
Town. An overriding concern is that the proposed development and improvements will conform
to the general plan and its elements, and to any applicable specific plans. Special concern and
scrutiny will be paid to the relationship of the subject property to surrounding properties. This
comparison analysis shall be performed from both a current and a future planning perspective.
It is the intent of this article to generate an accurate portrayal of how, and to what degree, the
proposed subdivision will alter the natural state of the undeveloped lands. To the degree that the
natural amenities,characteristics,topography,vegetation,natural drainage and wildlife habitat and
connectivity are preserved, the probability of acceptance of a given subdivision will be enhanced.
(§ 5:10, Ord. 180, as amended by: § 8, Ord. 221, eff. March 1, 1975; § 1, Ord. 232, eff. July 3,
1976: § 8, Ord. 239, eff. January 4, 1978)
9-1.502 General.
The following procedures are adopted for the processing of all applications to subdivide
real property.
A tentative map shall be prepared and submitted by a subdivider desiring to divide a parcel of land
in the Town into two (2) or more parcels in accordance with Section 66426 of the Subdivision
Map Act. Applications for subdivision map approval shall be in writing on forms provided by the
Planning Department and shall be accompanied by a tentative map or maps, as set forth in this
article,prepared in accordance with the Subdivision Map Act and this chapter.
9-1.503 Preparation by authorized personnel—Conformance with laws.
Tentative maps shall be prepared by a registered civil engineer,or a licensed land surveyor,
as registered and/or licensed by the State. Tentative maps shall be in accordance with the
Subdivision Map Act and this title. Tentative maps shall be clearly and legibly drawn on paper of
good quality and shall be twenty-four (24) inches by thirty-six (36) inches in size. (§ 5:20, Ord.
180, as amended by § 1, Ord. 232, eff. July 3, 1976)
9-1.504 Form of tentative map and accompanying data.
The applicant shall submit a complete application in accordance with the requirements
established by the Town and shall be accompanied by the required fees and deposits as prescribed
by resolution of the City Council.
9-1.505 Process and fees for filing tentative maps.
The application for the tentative map and all supplemental data, information, fees and
deposits required by this article, or by separate resolution, shall be submitted to the Planning
Director or his or her authorized representative.
Upon submittal of a complete application, the Planning Director or his or her authorized
representative shall review the application to determine if all requirements for the filing of a
tentative map are in accordance with the provisions of the Subdivision Map Act and this chapter
Ordinance 572 Page 20
and copies of the tentative map, along with accompanying data, shall be transmitted to the
appropriate state and local agencies, Town departments and committees, and public utilities for
review and comments.
Within thirty (30) days of the submittal date, the Planning Director or his or her authorized
representative shall give written notice to the applicant/subdivider indicating pursuant to
Government Code Section 65943 whether the application is complete which may also include
comments from other public agencies, Town departments and committees, and public utilities.
Any component of the application which is incomplete shall be specified and the manner in which
they can be made complete shall be indicated. In the case of any subdivision which requires the
preparation of an environmental document pursuant to the California Environmental Quality Act,
no application shall be deemed complete until an environmental determination has been made by
the Town in compliance with the California Environmental Quality Act.
The Planning Director or his or her authorized representative shall schedule a Subdivision
Committee meeting to be held following the next available Planning Commission meeting,but no
later than forty-five(45)days after the submittal of a tentative map to discuss the tentative map on
the information and plans submitted.
9-1.506 Subdivision Committee meeting.
The Planning Director or his or her authorized agent, at the time of distribution of the
tentative map, shall advise each of the public agencies, members of the Subdivision Committee,
Town committee chairs and members of the public utility companies affected, of the date, time
and place of a scheduled Subdivision Committee meeting. Said meeting shall not be held more
than forty-five(45) days after submittal of the tentative map.
Not fewer than ten (10) days prior to the Subdivision Committee meeting, the Planning
Director or his or her authorized representative shall send a public notice to the subdivider, the
owner of each property within five hundred (500) feet of the exterior boundaries of the proposed
subdivision, and to any abutting local jurisdiction advising of the time, place, and date of the
Subdivision Committee meeting, with said notices addressed to the owner as noted on the last
equalized tax assessment roll. All required names and addresses shall be provided by the
subdivider or his or her representative at the time of submittal of the subdivision application. (§
5:50, Ord. 180, as amended by§ 1, Ord. 232, eff. July 3, 1976).
9-1.507 Subdivision Committee functions.
(a) The Subdivision Committee meeting shall address the provisions of this chapter, the
General Plan and its elements, the Zoning Ordinance, and the information supplied to the
Subdivision Committee by the agencies, persons,and standing committees of the City and
all others, including City residents at large as detailed in Section 9-1.507, with respect to
the proposed subdivision. The Subdivision Committee may require others to be present at
the meeting, should their knowledge and/or skills be required.
Ordinance 572 Page 21
(b) No discretionary action shall be taken by this Subdivision Committee on tentative maps.
The Planning Director or his or her authorized representative shall, within five (5) days
after the Subdivision Committee meeting, prepare a written report of the Subdivision
Committee's recommendations which shall be furnished to the subdivider and the
subdivider's engineer.
9-1.508 Review of tentative map by other governmental agencies.
(a) A local agency may make recommendations concerning proposed subdivisions in any
adjoining city, or in any adjoining unincorporated territory for any proposed subdivision
within the planning area of the requesting local agency. A local agency wishing to make
recommendations concerning proposed subdivisions shall file with the local agency having
jurisdiction over the subdivisions a map indicating the territory for which it wishes to make
recommendations. The local agency having jurisdiction shall issue a receipt for the
territorial map.
(b) Within five days of a tentative map application being determined to be complete pursuant
to Section 65943 for a proposed subdivision located,in whole or in part,within the territory
outlined on the territorial map, the local agency shall transmit one copy of the proposed
tentative map to the requesting local agency.
(c) Within 15 days of receiving a copy of a proposed subdivision map, the requesting local
agency may submit recommendations to the local agency having jurisdiction. The local
agency having jurisdiction shall consider these recommendations before acting on the
tentative map.
9-1.509 Territory pending annexation.
Any subdivider may file with the Town a tentative map of a proposed subdivision of
unincorporated territory adjacent to the Town. The map, at the discretion of the Town, may be
acted upon in a manner provided in Article 2 of Chapter 3 of the Subdivision Map Act of the State
and in accordance with this chapter,except that if it is approved,such approval shall be conditioned
upon annexation of the property to the Town within such period of time as shall be specified by
the Town, and such approval shall not be effective until annexation of such property to the Town
has been completed. If annexation is not completed within the time specified, or any extension
thereof,then the approval of such tentative map by the Town shall be null and void.No subdivision
of unincorporated territory may be affected by approval of a map by the Town,unless annexation
thereof to the Town is completed prior to the approval of the final map thereof. (§ 5:80, Ord. 180,
as amended by: § 12, Ord. 221, eff. March I, 1975: § I, Ord. 232, eff. July 3, 1976)
9-1.510 Time of filing for tentative maps.
For the purposes of the Subdivision Map Act, this title and Chapter 4.5 of Division 1, Title
7 of the Government Code,the date upon which notice is given to the applicant that the application
is complete shall be deemed the date of filing of the application; provided,however,that if, at any
stage of the processing map, a decision maker determines that a Negative Declaration, Mitigated
Ordinance 572 Page 22
Negative Declaration or an Environmental Impact Report is required, the date of filing shall be
revised to the date upon which that environmental document is certified by the decision making
body.
Per Section 66452.2 of the Subdivision Map Act, the fifty (50) day limitation as set forth in
subsection(b) of Section 66452.2 shall commence after certification of the environmental impact
report, adoption of a negative declaration, or a determination by the local agency that the project
is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public
Resources Code.
9-1.511 Planning Commission procedures,time and notice.
(a) Once the tentative map is deemed complete and an environmental assessment has been
completed, the Planning Director, or his or her authorized representative, shall place the
tentative map on the next available agenda of the Planning Commission.
(b) The public hearing notice shall include the date, time and place of the meeting, including
a general description of the location of the proposed subdivision,together with the owner's
and the subdivider's name(s) and the number of lots proposed, shall be given at least ten
(10) days prior to the hearing. The day of the hearing and the day of the posting of the
notice shall not be included within the ten (10) day period. In any case involving a request
for a conditional exception, the exception shall be specifically noted and described in the
notice.
(c) Notices of such public hearings shall be given as follows:
(1) By posting the notice in at least three (3) public posting places in the City; and
(2) By posting a notice on the property adjacent to a public street or from any access
road or way to property not having public frontage; and
(3) By mailing notice by United States mail to the owner of the subject property,or the
owner's authorized representative, to the project applicant, to each local agency
expected to provide water,sewage,streets,roads, schools or other essential services
to the project whose ability to provide those services may be significantly affected,
andto each property owner whose property is within five hundred(500) feet of the
exterior boundary of the proposed subdivision, using addresses from the latest
equalized assessment roll. In lieu of using the assessment roll, the Town may
require these addresses to be obtained from records of the county assessor or tax
collector which contain more recent information than the assessment roll. All
required names and addresses shall be provided by the subdivider or his or her
representative at the time of filing of the tentative map. (§ 1, Ord. 232, eff. July 3,
1976; § 1, Ord. 351, eff. May 15, 1992)
Ordinance 572 Page 23
9-1.512 Actions by the Planning Commission.
(a) The Commission shall determine whether the tentative map is in conformity with all the
provisions of the General Plan, Zoning ordinance, the Subdivision Map Act and this
chapter and,upon that basis, shall take one of the following actions:
(1) Recommend that the City Council approve the tentative map with or without
conditions and/or exceptions;
(2) Continue deliberation with the concurrence of the subdivider;
(3) Recommend that the City Council deny the tentative map; or
(4) Recommend that the City Council deny the tentative map without prejudice(Under
this action, the subdivider may resubmit his or her map within ninety (90) days
from the date of denial, without payment of any additional filing fees. Additional
deposit fees will be required. Any deposit fees remaining on deposit with the City
following the date of disapproval without prejudice shall be returned to the
subdivider).
(b) If the Planning Commission determines that there are special circumstances or conditions
affecting the property,that undue or unnecessary hardship or expense may result from the
strict compliance with the provisions of design and improvement requirements as set forth
in this article, or that the exception is necessary for the preservation and enjoyment of the
substantial property rights of the owner or his or her authorized agent,and that an exception
would not be materially detrimental to the public health,safety, convenience,or welfare or
injurious to other property in the area in which the subject subdivision is located, the
Planning Commission may recommend that the City Council consider conditional
exceptions to any of the design or improvement requirements of this article based on the
findings listed in Section 9-1.1501 of this chapter. In recommending any exceptions to the
City Council under the provisions of this article, the Planning Commission shall report to
the City Council its findings with respect thereto and all facts in connection therewith and
shall specifically and fully set forth the exceptions recommended and the conditions
designated.
(c) In the event of recommended approval of the tentative map,one copy of the action properly
endorsed and attached thereto shall be returned to the subdivider and one copy with the
endorsed attachment shall be kept permanently on file by the City.
9-1.513 Findings for Recommending Denial by the Planning Commission.
The Planning Commission shall recommend denial of any tentative map if it makes any of
the following findings as set forth in Section 66474 of the Government Code:
Ordinance 572 Page 24
(a) That the proposed map is not consistent with applicable General Plan and specific plans as
specified in Government Code Section 65451;
(b) That the design or improvement of the proposed subdivision is not consistent with
applicable General Plan and specific plans;
(c) That he site is not physically suitable for the type of development;
(d) That the site is not physically suitable for the proposed density of development;
(e) That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat;
(f) That the design of the subdivision or type of improvements is likely to cause serious public
health problems;
(g) That the design of the subdivision or the type of improvements will conflict with
easements,acquired by the public at large, for access through or use of,property within the
proposed subdivision. In this connection,the governing body may approve a map if it finds
that alternate easements, for access or for use, will be provided, and that these will be
substantially equivalent to ones previously acquired by the public. This subsection shall
apply only to easements of record or to easements established by judgment of a court of
competent jurisdiction and no authority is hereby granted to the City Council to determine
that the public at large has acquired easements for access through or use of property within
the proposed subdivision. (§ I, Ord. 232, eff. July 3, 1976)
9-1.514 City Council action.
(a) Once the Planning Commission has made a recommendation on the map, the City Clerk
shall place the map upon the next available meeting agenda of the City Council. The City
Council shall approve,conditionally approve,deny,or deny without prejudice the tentative
map within thirty (30) days of the Planning Commission recommendation. The City
Council shall also take action on any and all conditional exceptions that may accompany
the tentative map.
(b) The action of the City Council shall be clearly endorsed on the face of the tentative map.
If no action is taken by the City Council within fifty(50) days after the official filing date
of the tentative map, or of a longer period mutually agreed to by the subdivider and the
City Council, then the tentative map, as filed, shall be deemed to be approved, insofar as it
complies with other applicable requirements of this article, and it shall be the duty of the
Clerk of the legislative body to certify such approval.
(c) The determination of the Council after the hearing upon the tentative map shall be
transmitted to the City Planner, and shall, if there has been approval or conditional
approval, constitute final action upon the tentative map. (§ 1, Ord. 232, eff. July 3, 1976)
Ordinance 572 Page 25
9-1.519 Expiration and extension of tentative map.
(a) An approved or conditionally approved tentative map shall expire twenty-four(24)months
after its approval or conditional approval.
(b) The expiration of the approved or conditionally approved tentative map shall terminate all
proceedings and no final map for all or any portion of the real property included within
such tentative map shall be filed without first processing a new tentative map.
(c) Prior to the expiration of the approved or conditionally approved tentative map, upon a
written application by the subdivider to extend that map, the map shall automatically be
extended for sixty (60) days or until the application for the extension is approved,
conditionally approved, or denied, whichever occurs first.
(d) Upon written application of the subdivider,filed prior to the expiration date of the approved
or conditionally approved tentative map, the City Council may extend the time for the
acceptance of a final map for a period not exceeding an additional twelve (12) months
beyond the original twenty-four(24)month period.
(e) The application for an extension shall state the reasons for requesting the extension. In
granting the extension, new conditions may be imposed and existing conditions may be
revised by the City Council.
(0 This section is intended to be in conformance with the provisions of Section 66452.6 of the
Subdivision Map Act and shall be subject to all the additional terms and conditions set
forth herein. (§ 1, Ord. 232, eff. July 3, 1976; § 1, Ord. 342, eff. January 4, 1991)
Article 5(1). Vesting Tentative Maps
9-1.5(1)01 Citation and authority.
This article is enacted pursuant to the authority granted by Chapter 4.5 (commencing with
Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California
(hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the Vesting
Tentative Map Article. (§ 1, Ord. 315, eff. November 6, 1987)
9-1.5(1)02 Purpose and intent.
It is the purpose of this article to establish procedures necessary for the implementation of
the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act
and the other provisions of this Chapter 1 of Title 9 of the Los Altos Hills Municipal Code. Except
as otherwise set forth in the provisions of this article, the provisions of this Chapter 1 of Title 9
shall apply to this Vesting Tentative Map Article.
Ordinance 572 Page 26
To accomplish this purpose, the regulations outlined in this article are determined to be necessary
for the preservation of the public health, safety and general welfare and for the promotion of
orderly growth and development. (§ 1, Ord. 315, eff.November 6, 1987)
9-1.5(1)03 Consistency.
No land shall be subdivided and developed pursuant to a vesting tentative map for any
purpose which is inconsistent with the General Plan and any applicable specific plan or not
permitted by the Zoning Law of the Town of Los Altos Hills or other applicable provisions of the
Los Altos Hills Municipal Code. (§ 1, Ord. 315, eff. November 6, 1987)
9-1.5(1)04 Definitions.
A vesting tentative map means a tentative map for a residential subdivision,as defined in
this Chapter 1 of Title 9, that shall have printed conspicuously on its face the words "Vesting
Tentative Map" at the time it is filed in accordance with Section 9-1.5(1)05, and is thereafter
processed in accordance with the provisions hereof.
All other definitions set forth in this Chapter 1 of Title 9 are applicable. (§ 1,Ord. 315,eff.
November 6, 1987)
9-1.5(1)05 Application.
This article shall apply only to residential developments. Whenever a provision of the
Subdivision Map Act, as implemented and supplemented by Chapter 1 of Title 9, requires the
filing of a tentative map or tentative parcel map for a residential development, a vesting tentative
map may instead be filed, in accordance with the provisions hereof.
If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute,the
filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed
subdivision, permit for construction, or work preparatory to construction. (§ 1, Ord. 315, eff.
November 6, 1987)
9-1.5(1)06 Filing and Processing.
A vesting tentative map shall be filed in the same form and have the same contents,
accompanying data and reports and shall be processed in the same manner as set forth in this
Chapter 1 of Title 9 for a tentative map except as hereinafter provided:
(a) At the time a vesting tentative map is filed, it shall have printed conspicuously on its face
the words, "Vesting Tentative Map."
(b) At the time a vesting tentative map is filed,the Subdivider also shall supply the information
required for a tentative map as set forth in Chapter 1 of Title 9, and for zoning and site
development permits as set forth in Title 10.
Ordinance 572 Page 27
(c) It shall be a condition precedent to the approval of a vesting tentative map that the land for
which said map is filed shall have been zoned for, and that all discretionary land use
approvals required under Title 10 of the Los Altos Hills Municipal Code shall have been
obtained for the use of the land for which the vesting tentative map is filed.
(d) It shall be a condition precedent to the approval of a vesting tentative map that all fees
required in connection with the use or development of the land for which the vesting
tentative map is filed (including, but not limited to, those required by any provision of
Titles 9 and 10 of the Los Altos Hills Municipal Code)shall have first been paid,provided,
however,that in lieu of payment at the time of approval,the Town of Los Altos Hills may,
in the exercise of a reasonable discretion, approve the map upon condition that the amount
of the fee or fees is to be determined and paid at the time of application for a final map or
building permit.
(e) It shall be a condition precedent to the approval of a vesting tentative map that all
environmental assessments required by Statutes of the State of California or ordinance of
the Town of Los Altos Hills shall have been completed and finally acted upon by the City
with respect to the land and project for which the vesting tentative map is filed.
Nothing herein contained is intended to waive or modify any requirement of Title 8 of the Los
Altos Hills Municipal Code. (§ 1, Ord. 315, eff. November 6, 1987)
9-1.5(1)07 Fees.
Upon filing a vesting tentative map,the subdivider shall pay the fees required for the filing
and processing of a tentative map. (§ 1, Ord. 315, eff. November 6, 1987)
9-1.5(1)08 Expiration.
The approval or conditional approval of a vesting tentative map shall expire at the end of
the same time period, and shall be subject to the same extensions established by this Chapter I of
Title 9 for the expiration of the approval or conditional approval of a tentative map. (§ 1,Ord. 315,
eff. November 6, 1987)
9-1.5(1)09 Vesting on approval of vesting tentative map.
(a) The approval or conditional approval of a vesting tentative map shall confer a vested right
to proceed with development in substantial compliance with the ordinances, policies and
standards described in Government Code Section 66474.2.
(b) However, if Section 66474.2 of the Government Code is repealed, the approval or
conditional approval of a vesting tentative map shall confer a vested right to proceed with
development in substantial compliance with the ordinances,policies and standards in effect
at the time the vesting tentative map is approved or conditionally approved.
Ordinance 572 Page 28
(c) Notwithstanding subsection(a) a permit, approval, extension or entitlement may be made
conditional or denied if any of the following are determined:
(1) A failure to do so would place the residents of the subdivision or the immediate
community, or both, in a condition dangerous to their health or safety, or both;
(2) The condition or denial is required, in order to comply with State or Federal law.
(§ 1, Ord. 315, eff. November 6, 1987)
9-1.5(1)10 When rights expire—Extensions.
The rights referred to herein shall expire if a final map is not approved prior to the
expiration of the vesting tentative map as provided in this section. If the final map is approved and
recorded, these rights shall last for the following periods of time:
(a) An initial time period of twelve (12) months. Where several final maps are recorded on
various phases of a project covered by a single vesting tentative map,this initial time period
shall begin for each phase when the final map for that phase is recorded.
(b) The initial time period set forth in Subsection (a) shall be automatically extended by any
time used for processing a complete application for a grading permit or for design or
architectural review, if such processing exceeds thirty(30) days, from the date a complete
building application is filed.
(c) A subdivider may apply for a one-year extension at any time before the initial time period
set forth in subsection (a) expires. If the extension is denied, the subdivider may appeal
that denial to the City Council within fifteen(15)days.
(d) If the subdivider submits a complete application for a building permit during the periods
of time specified in subsections (a)through (c) of this section, the rights referred to herein
shall continue until the expiration of that permit,or any extension of that permit.
(e) The rights conferred by this article shall be for the time periods set forth in this section. (§
1, Ord. 315, eff. November 6, 1987)
9-1.5(1)11 Applications inconsistent with current policies.
Notwithstanding any provision of this article, a property owner or his or her designee may
seek approvals or permits for development which depart from the ordinances, policies and
standards described in Section 9-1.50)09, and the Town of Los Altos Hills may grant these
approvals or issue these permits to the extent that the departures are authorized under applicable
law. (§ 1, Ord. 315, eff. November 6, 1987)
Ordinance 572 Page 29
Article 6.Tentative Lot Design and Development Plans
9-1.601 Purpose.
The purpose of tentative lot design and development plans is to insure that prudent and
farsighted engineering, planning, and building concepts are applied to all lands for which
subdivision is sought. The Town recognizes that subdivision is not an end in or of itself, and that
improvements to the lots and parcels which are the result of subdivision are more representative
of final land development. To this point, tentative design and development plans fulfill a critical
need in the transitional land development process from raw land to improved rural neighborhoods.
Well analyzed and executed tentative lot design and development plans are essential site
development prerequisites that permit the inclusion of human habitation and enjoyment in
previously undeveloped areas with minimum overall disruption to those areas. (§ 6:10, Ord. 180,
as amended by§ 1, Ord. 232, eff. July 3, 1976)
9-1.602 General.
All lots or parcels shall be designed so as to take maximum advantage of, while still
preserving, the basic natural characteristics of the land.The subdivider shall demonstrate,through
tentative lot design and development plans,that careful consideration has been given to the design
and size of the lots or parcels, the probable types of improvements, access, support facilities,
minimal alteration of topography, protection of mature vegetation, and the retention of existing
natural drainage courses. (§ 6:20, Ord. 180, as amended by § (part). Ord. 232, eff. July 3. 1976)
9-1.603 Preparation of tentative lot design and development plans.
Tentative lot design and development plans will be required as specified in Article 5 as part
of a tentative subdivision application.
Tentative lot design and development plans shall be delineated on the tentative map,providing the
scale of said map is deemed sufficient for clarity, definition and use by the City Engineer and the
Planning Director.
Should the abovementioned public officials determine that the scale of the tentative map is
inadequate for clarity definition, and use, tentative lot design and development plans shall be
furnished at a scale which does accomplish, to their satisfaction, these stated objectives. Whether
the tentative lot development plans are delineated on the tentative map, or on maps of different
scale, the same requirements for completeness, accuracy, and detail as set forth in Article 5 shall
apply in full force and effect. The tentative lot design and development plans for the entire
subdivision shall delineate the following:
(a) Each lot shall contain a circle having a diameter of one hundred sixty(160) feet inscribed
totally within its net area. In addition to containing a building site, said circle shall have its
general location determined by the following:
(1) Said one hundred sixty(160)foot diameter circle shall be connected to the proposed
optimal grading for the driveway(s) serving each lot, or combination of contiguous
Ordinance 572 Page 30
lots. Proposed driveway(s) shall be plotted across the area(s) of the lot(s) which
offer the least amount of topographical resistance(cut, fill,tree removal, and grade
not exceeding twenty percent) to natural contour. At the discretion of the City
Engineer cross-sections of said driveway(s) may be required. Shared driveways
may be required where there would result a lesser amount of topographical
resistance(as defined above)than would occur with independent driveways serving
single lots. All shared driveway widths for vehicle use shall be a minimum of
fourteen(14)feet.
(2) Said one hundred sixty(160)foot diameter circle shall be placed at a topographical
elevation that will insure an adequate lower elevation area for septic tank and
drainfield requirements, if the lot(s) is (are) to be served by an on-site sewage
disposal system, and shall be certified as having adequate area for septic tank and
drainfield by the Santa Clara County Department of Environmental Health prior to
submission of the tentative map to the Planning Commission;
(b) Based on the natural topography of each lot and in particular the slope of the lot in the
immediate vicinity of the one hundred sixty (160) foot diameter circle detailed in
subsection(a)of this section,the subdivider shall designate by symbol and legend the type
of foundation design (as defined in this chapter)which would result in the least amount of
contour alteration to the lot caused by grading for the installation of a primary dwelling;
(c) Each lot shall contain an area of at least one net acre within a circle no greater than three
hundred fifty(350) feet in diameter;
(d) Where cut and fill slopes in accordance with approved tentative lot design and development
plans occur on a property line, such shall be included in the downhill lot;
(e) Tentative lot design and development plans of the lots, with existing contours at intervals
of five (5) feet where the average percent slope of the lot exceeds ten (10) percent. With
average percent slopes less than ten(10) percent, the contour interval shall be two (2) feet
or one foot where necessary to describe the area. The tentative lot design and development
plans shall show how runoff of surface waters from individual lots will be achieved and
the ultimate disposal of all subdivision waters. Bench marks for contours shall be so noted;
9-1.604 Lot size and requirements.
The provisions of this section are minimum requirements for parcels used or intended to
be used for primary uses. Other ordinances of the City may impose standards requiring
substantially larger parcels.
(a) Minimum Parcel or Lot Area. No parcel or lot shall have a net area less than forty-three
thousand five hundred sixty(43,560) square feet.
Ordinance 572 Page 31
(b) Slope Density Requirements. In addition to the requirements set forth in subsection (a) of
this section, the area of parcels or lots created in any subdivision after January 16, 1980,
shall have a Lot Unit Factor of 1.0 or greater and comply with the following:
(1) Where the average slope of the lot to be created is greater than ten(10)percent,but
not greater than forty-five (45) percent, the net area shall not be less than "a" as
determined by the following formula:
a= 1/(1-.02143 (S-10))
where"S"is the average slope of the lot in percent as defined in subsection
(3)of this subsection.
(2) Where the average slope of the lot to be created is greater than forty-five (45)
percent,the following provisions shall be adhered to:
(i) The number of lots and net lot areas permitted shall be based on a
demonstration by the applicant and finding by the Planning Commission
that each lot and related subdivision improvements can be developed in
compliance with the provisions of Section 9-1.102.
(ii) As a guideline, the formula provisions set forth in subsection (1) of this
subsection will be used by the Planning Commission to determine the
adequacy of the net lot area for slopes up to and including fifty-five (55)
percent.
(iii) In no case shall the net lot area be less than the area required by the
provisions of subsection(I) of this subsection for a slope of forty-five(45)
percent.
(3) For the purpose of subsections(1)and(2)of this subsection,the average slope of a
lot or parcel shall be determined according to the formula:
S = .00230*I*L
A
where:
(i) S is the average slope in percent;
(ii) I is the contour interval in feet;
(iii) L is the combined length of contour lines in scale feet within the net
area;
(iv) A is the net area in acres of the lot to be created.
Ordinance 572 Page 32
(4) The topographic base map used to provide the above information shall meet the
requirements for tentative subdivision maps as set forth in Section 9-1.504(9). Any
portion or portions of a parcel to be subdivided which have a natural slope greater
than fifty-five(55) percent may, as an option of the applicant, be assigned a slope
of fifty-five (55) percent for the purposes of computing the average slope of the
entire parcel, provided, however, that the excluded area shall not have an average
slope exceeding one hundred (100)percent.-This option does not apply to artificial
cut and fill slopes.
(5) Once a final subdivision map has been recorded for a subdivision, lot lines shall
thereafter not be altered so as to allow a greater number of lots in that subdivision
than the maximum permitted by the provisions of subsections (1) and (2) of this
subsection. Lots not included in the total net acreage used in determining average
lot area may be further divided subject to the provisions of this chapter and other
laws of the City.
(c) Any lot or parcel which does not front on the public road system of the City and/or that of
an adjoining jurisdiction shall have recorded and free access to such system over a road or
roads, improved to the City standards or such other standards as are acceptable to the
Commission.
(d) Where difficult terrain or other unusual conditions exist, lots larger in area than the
minimum shall be provided as necessary to accomplish the purposes set forth in this
chapter, whether due to features of grade, topography, the probability of the land being
subjected to slides, inundations, or other hazards. Areas shall be computed on a net basis,
after deductions are made for any present or designated future street widening.
(e) All subdivisions shall result in the creation of lots with adequate building sites which are
capable of being developed or built upon while retaining the basic natural qualities of the
lot. No subdivision shall create lots which are impractical for improvement or use due to
the steepness of the terrain, the location of watercourses, periodic flooding, earth
movement, size, shape or other physical conditions.
(f) Lot lines shall be placed so as to create usable building sites,permit the accommodation of
sites to the natural terrain and vegetation, and afford access to building sites without
requiring excessive grading.
(g) On any lot intended for residential occupancy it shall be possible to provide safe vehicular
access via a private or common driveway, conforming to the City standards, from a public
or private road.
(h) Panhandle lots, those which include a strip of land or easement used primarily for gaining
access from a private or public road to the major portion of the lot, shall be permitted by
the Commission only when they result in a division of land more fully complying with the
purposes of this chapter than could otherwise have been achieved. The panhandle portion
of the lot shall in no case be less than twenty-five(25) feet in width.
Ordinance 572 Page 33
(i) Each lot shall be configured to avoid discontinuous segments and avoid areas of lot width
or depth less than thirty(30) feet, other than where such a configuration already exists and
is not made narrower by the creation or alteration of the lot. (§ 6:40,Ord. 180, as amended
by: § 1, Ord. 232, eff.July 3, 1976; § 1, Ord. 233, eff. October 6, 1976; § 14, Ord. 239, eff.
January 5, 1978; §§ 1, 2 and 3, Ord. 247; § 2, Ord. 251; and §§ 1, 2, 3 and 4, Ord. 259; §
2, Ord. 305, eff. October 3, 1986; § 2, Ord. 407, eff. July 15,2000)
9-1.605 Frontage.
All lots or parcels shall have frontage on an approved public or private street. Where the
principal frontage of a lot is by means of a corridor or panhandle such a corridor or panhandle shall
be not less than twenty-five (25) feet in width. In all cases, the corridor or panhandle width must
be sufficient to accommodate required driveway improvements.Wherever possible,the subdivider
shall be encouraged to provide a shared driveway ingress and egress to the public or private right-
of-way in an effort to minimize the amount of grading to the native site and subsequent paving. (§
I, Ord. 232, eff. July 3, 1976)
9-1.606 Tree removal.
(a) Trees shall not be removed which are larger than six (6)inches in diameter(approximately
twenty(20) inches in circumference) measured at a point four(4) feet above the ground.
(b) Exceptions: Trees of the abovementioned dimensions may be removed only when
necessary to facilitate the locating of public and/or private roadways, the placement of
structures within the proposed rights-of-way, or for the rough grading of driveways and/or
parking areas.
(1) Trees removed for the abovementioned reasons shall be replaced at a ratio of up to
five (5) new trees for every one removed. New trees shall be planted-within the
setback lines of adjacent lots, exact location and species to be determined by the
Planning Director.The size of the replacement trees shall not be smaller than a 24-
inch box size.
(2) Diseased or dead trees removed in order to facilitate the abovementioned reasons
need not be replaced when evidence is submitted in writing by a certified arborist
attesting to the fact that the subject trees are dead or are beyond remedial treatment.
(3) Trees which are to be removed subject to the abovementioned exceptions shall be
noted on the registered civil engineer's or licensed land surveyor's plot map at the
time of application. Such trees shall have their removal indicated by having an"X"
drawn over them. (§ 1, Ord. 232, eff. July 3, 1976)
Ordinance 572 Page 34
Article 7.Road Design Standards
9-1.701 Purpose.
The purpose of this article is to establish basic road design standards that meet the
requirements of Section 9-1.102 and seek to balance the necessity for safe roadways which provide
adequate immediate and long-term circulations while simultaneously causing the least
modification to the native state of lands. Adherence to the standards contained in this article, or
innovative equivalents thereof, will be reviewed favorably to the degree that they achieve, in the
opinion of the Town, this balance.
Roadway designs are not mutually exclusive from the improvements to the lots and/or
parcels which they serve and,therefore,must insure continuity in planning and engineering design
so that the transitional development of raw land to improved rural neighborhoods is accomplished
with minimal disruption of the natural terrain throughout all development stages. (§ I, II, III, and
IV, Ord. 112, as amended by: § 13, Ord. 221, eff. March 1, 1975; § I, Ord. 232, eff. July 3, 1976:
§ 15, Ord. 239, eff. January 4, 1978)
9-1.702 Street design considerations.
The following factors shall be considered in the design of streets in all subdivisions:
(a) Size and shape of lots;
(b) Topography;
(c) Traffic volume;
(d) Aesthetics and preservation of natural attributes and native trees;
(e) Driveway access;
(1) Fire protection and emergency vehicles;
(g) Drainage;
(h) Roadway related structures. (§ 1, Ord. 232, eff. July 3, 1976)
9-1.703 Rights-of-way—Width—Radius.
(a) The minimum right-of-way width for all public and private roads,except fire or emergency
roads, shall be sixty(60) feet.
(b) The minimum right-of-way for a fire or emergency road shall be determined upon the
recommendation of the City Engineer based upon a consideration of the expected use,
Ordinance 572 Page 35
terrain, vegetation, soils and all other factors pertaining to the width of the road. The
minimum clear width of Fire Department access roads shall be twenty(20) feet.
(c) Where a cut or fill road slope is outside the right-of-way of a road,a slope control easement
may be required of sufficient width to permit the maintenance of the slope upon the
recommendation of the City Engineer.
(d) Exceptions can be made only when one-way streets are permitted or where the City
Engineer recommends that the standard width as applied to the particular case would be
impractical or would create unnecessary detriment to the land.
(e) The right-of-way width of a road may be increased to include the following:
(1) Sufficient space for cuts and fills unless slope easements are provided in addition
to the uniform right-of-way width. Where cuts attain ten(10) feet in height, or fills
attain eight (8) feet in height (maximum cut and fill permitted), the right-of-way
slope easement shall clear the top of cut or the toe of fill slope by at least six (6)
feet;
(2) Space for all required street improvements such as pavement, gutter, paths,
pathways, bikeways, shoulders and drainage structures, green infrastructure and
appurtenances;
(3) Space for all public utilities; and
(4) Space for safe driveway approaches.
(0 Cul-de-sac rights-of-way shall terminate in turnaround areas having a minimum radius of
fifty (50) feet measured at the property lines. This right-of-way area will also be required
for a"hammerhead"as depicted in the City standards.
(g) At the intersection of two (2) or more streets, the property lines shall be rounded with a
curve having a radius of not less than thirty (30) feet. (§ 1, Ord. 232, eff. July 3, 1976, as
amended by § 16, Ord. 239, eff. January 4, 1978; § 1, Ord. 264)
9-1.704 Types of road design.
All roads shall be so designed as to grades, intersections, and approaches that traffic
hazards are minimized in keeping with the accepted traffic engineering standards and the
satisfaction of the City Engineer.
(a) Split Level, One-way Streets. Split level, one-way streets shall be designed to take
advantage of the natural contour of the land so as to provide the best possible access to
building sites,reduce cuts and fills and establish desirable grades. When, in the opinion of
the City Engineer, the use of split level, one-way streets will result in a more efficient use
of the existing terrain, will minimize the scarring effects of development on the hillsides,
Ordinance 572 Page 36
retain existing vegetation, and their use is justified by detailed engineering studies, they
shall be considered by the Planning Commission. There shall be provided standard
emergency pullout parking stalls, adequate to contain two(2)vehicles, each of which shall
be eight(8) feet wide by fifty(50) feet in length.
(b) Cul-de-Sac Streets. Cul-de-sacs normally shall not be more than one thousand five hundred
(1,500) feet,measured along the centerline of the cul-de-sac, from the center of the turning
circle at the end of the cul-de-sac to the center of the first intersection from the cul-de-sac,
unless topographic conditions justify the use of longer cul-de-sacs. In cases where the
length of the cul-de-sac is greater than one thousand (1,000) feet, there shall be provided
standard emergency pullout parking areas, adequate to contain two(2)vehicles.The space
shall be eight (8) feet wide by fifty (50) feet in length, not to exceed intervals of five
hundred (500) feet on straight sections, and may be required at each end of every blind
curve.
Turning circles at the end of cul-de-sac streets shall have a roadway radius of not less than
thirty-two (32) feet, except that in mountainous or hillside areas the roadway radius may
be reduced to twenty-two (22) feet. Alternative designs such as hammerheads for turning
or reversing direction may be used in lieu of the turning circle, as depicted in the City
standards and approved by the City Engineer.
(c) One-way Loop Streets.Where one-way loop streets are used,emergency pullout areas shall
be provided at intervals not to exceed five hundred(500)feet on straight sections,and may
be required at each end of every blind curve. Each emergency pullout area shall measure
eight(8) feet in width by fifty(50) feet in length.
(d) Wherever pullout areas are required,the design shall consider the combining of the pullout
areas with driveway accesses of the adjoining proposed lots immediate to the pullout area.
Where such a design application is utilized,the pullout area shall not be used to satisfy the
off-street parking requirements as defined in Section 10-1.601 of the Municipal Code.
(e) Divided or Stepped Roadways.
(1) Where the terrain is of such character due to slope, existing tree density and
vegetation that a normal two-lane road will result in removal of mature trees and
scarring of the hillside, the subdivider shall consider a divided or "stepped"
roadway. Cross connections or ties may be required to be constructed at intervals
not to exceed five hundred (500) feet. The width of right-of-way for a divided or
stepped roadway shall be sufficient to include a minimum pavement width of
twelve (12) feet in addition to shoulders, surface longitudinal drainage with
appurtenances, cut and fill slopes, and pathway improvements if in the opinion of
the Planning Commission pathways are necessary, and such pathways are in
accordance with the General Plan and its elements, and the approved Master
Pathway Plan of the Town.
Ordinance 572 Page 37
(2) Divided or"stepped"roads shall be separated by a cut or fill slope not less than two
(2)horizontal to one vertical. Special devices will be considered in lieu of this slope
requirement where the City Engineer determines that the engineering design of the
separating device is satisfactory and not in excess of three-quarter vertical to one
horizontal,provided that the entire device can support landscaping over eighty(80)
percent of its surface area,and that the vertical facade of all or any part of the device
shall not be in excess of three(3) feet in height.
(3) Emergency pullout areas shall be provided approximately at five hundred (500)
foot intervals,to be located midway between crossovers,when provided,on straight
sections and may be required at each end of every blind curve. Each emergency
pullout area shall be adequate to contain one vehicle. The space shall be eight (8)
feet in width by twenty-five(25) feet in length.
(4) Wherever pullout areas are required, the design shall consider the combination of
the pullout area with driveway accesses of the adjoining proposed lots, immediate
to the pullout.Where such a design application is used,the pullout area shall not be
used to satisfy the off-street parking requirements as defined in Section 9-1.606.
(t) Dead-end Roads. Proposed dead-end roads shall be extended to within one foot of the
boundary lines of the land to be divided in all cases where, in the opinion of the
Commission, such extension is necessary for traffic circulation and the coordination of the
layout of the proposed subdivision with existing developments, or the advantageous future
development of adjacent property. The above one foot strip shall be deeded to the Town.
(g) Emergency Access Routes.The subdivider may be required to improve and dedicate to the
Town emergency access routes, including rights-of-way and improvements, from the ends
of cul-de-sacs or any other advantageous topographic point along the street right-of-way.
(h) Adjoining Roads. Every subdivider shall bring the alignment and the widths of rights-of-
way of all existing roads adjoining the subdivision into the conformity with this article,the
General Plan and its elements, and the adjoining street system of the Town, or as
recommended by the City Engineer. The subdivider shall offer to dedicate to public use
such rights-of-way as are required for the present and future widening of all public rights-
of-way contiguous to the subdivided property. (§ 1,Ord. 232,eff.July 3, 1976; as amended
by§ 2, Ord.264)
9-1.705 Horizontal and vertical curves.
The design of all streets shall incorporate horizontal and vertical curves adequate to provide
a maximum of vehicle safety, including proper sight distance and safe stopping distance, in
addition to the design speed. The minimum horizontal curve centerline radius on a local winding
hillside road shall be one hundred(100)feet and the minimum length of the vertical curve shall be
one hundred (100) feet. Collector and arterial streets shall be designed to incorporate vertical and
horizontal curves greater than the above minimums for local streets in order to provide for the
increased traffic flow and vehicle speeds on collector and arterial streets.The paved width of split-
Ordinance 572 Page 38
level or one-way streets shall be increased as necessary to provide for safe movement of traffic in
the vicinity of sharp curves. A minimum horizontal curve centerline radius of a winding hillside
collector or arterial road shall be not less than four hundred (400) feet. In flat areas, local streets
shall have a centerline radius as long as possible. Suitable tangents shall be provided wherever
practicable between reverse curves. (§ 1, Ord. 232, eff. July 3, 1976)
9-1.706 Grades.
All grades and curves shall be designed to provide proper sight distance and safe stopping
distance in relation to the design speed. All roads shall have at least five-tenths percent grade.
Grades shall not exceed twelve(12)percent on collector and arterial roads, fifteen(15)percent on
any other street,or twenty(20) percent if no other method is practicable because of topographical
conditions or other exceptional conditions, and if the design is consistent with good engineering
practices. Streets having grades between ten (10) and fifteen (15) percent shall in no case exa, d
500 feet in length measured along the centerline. Streets having grades between sixteen(16) and
twenty (20) percent shall be not more than three hundred (300) feet in length between points of
intersection of adjacent grade lines.
Grades in excess of twenty (20) percent shall not be permitted. The grades of all streets
shall be kept as low as possible, bearing in mind the advantageous development of the property.
(§ 1, Ord.232, eff. July 3, 1976)
9-1.707 Street intersection angle.
The angle of intersection between streets, roads, avenues or lanes shall not vary more than
twenty(20) degrees from a right angle. Driveways shall intersect roadways at an angle of ninety
(90) degrees to the greatest extent possible. These requirements may be modified by the City
Engineer.
9-1.708 Street alignment.
Unless otherwise approved by the City Engineer and concurred with by the Planning
Commission, the centerlines of any two streets, roads, avenues, or lanes entering upon opposite
sides of any street, road, avenue, or lane shall intersect at the same point or at points separated by
not less than 150 feet. (§ 1, Ord. 232, eff. July 3, 1976)
9.1.709 Reserve strips.
Reserve strips controlling the access to public ways shall not be approved unless such strips
are necessary for the protection of the public welfare and/or of substantial property rights and shall
only be approved when the complete control and disposal of the land and all of the uses comprising
such strips of land are placed completely within the exclusive control of the City Council. (§ 1,
Ord. 232, eff. July 3, 1976)
Ordinance 572 Page 39
9-1.710 Private roads.
Private roads are permitted provided the following requirements are met:
(a) The road is not a through road and there is clear assurance it will remain so in the future.
It cannot remain private if it becomes a through road.
(b) All lots served by the private road are included in a road maintenance agreement which
runs with the land and is acceptable to the City Attorney. (§ 1, Ord. 232, eff. July 3, 1976,
as amended by § 18, Ord. 239, eff. January 4, 1978)
Article 8. Soils Reports
9-1.801 Purpose.
The purpose of this article, aside from being mandated by Sections 66490 and 66491 of the
Subdivision Map Act of the State,is to ensure that any improvements constructed within the Town
will not be subject to premature deterioration or collapse due to the failure to adequately analyze,
evaluate and mitigate for soils and soil-related conditions. It is for the express purpose of the
protection of life and personal and public real properties that this article is written. (§§ 1 and 2,
Ord. 116, as amended by § 1, Ord. 232, eff. July 3, 1976)
9-1.802 Preliminary soils report.
(a) At the time of the filing of every tentative map, the subdivider shall file with the City
Engineer a preliminary soils report prepared by a Civil Engineer who is registered by the
State and whose main field of practice is soils and foundation engineering.
(b) Said soils report may be in letter form without benefit of test borings or excavations. (§ 3,
Ord. 116, as amended by: § 14, Ord. 221, eff. March 1, 1975; § I, Ord. 232, eff. July 3,
1976)
9-1.803 Exception to the requirement for a preliminary soils report.
The preliminary soils report may be waived if the City Engineer, with the concurrence of
the Planning Commission and the City Council,determines that due to the knowledge he or she or
the staff has as to the characteristics and properties of the soils within the proposed subdivision,
no preliminary analysis or report is necessary. (§ 5, Ord. 116, as amended by § 1, Ord. 232, eff.
July 3 1976)
9-1.804 Final soils report.
A final soils report shall be prepared by a State of California licensed civil engineer or
geotechnical engineer,whose main field of practice is soils and foundation engineering.
Ordinance 572 Page 40
(a) Said final soils report shall be based upon adequate test borings, excavations, or other
investigatory procedures required by the City Engineer.
(b) The final soils report shall also include suggested remedial action germane to the findings,
and shall address each lot within the subdivision as well as public facilities.
(c) The final soils report shall be completed and submitted to the City Engineer for review and
approval at least thirty(30)calendar days prior to the submission of the final map or parcel
map to the City Engineer.
(d) The City Engineer shall not submit the final map or the parcel map to the City Clerk for
Council action until he or she has determined that the final soils report is acceptable,
complete with the applicable and remedial conditions required therein.
(e) In the instance of a highly negative final soils report denoting conditions that, in the opinion
of the City Engineer, cannot be remedied, the City Council shall deny the final map or
parcel map even if the tentative map was approved. The requirement of the submission of
an acceptable final soils report to the City Engineer invalidates prior approval of the
tentative map. (§ 4, Ord. 116, as amended by § 1, Ord. 232, eff. July 3, 1976)
9-1.805 Exception to the requirement for a final soils report.
A final soils report may be waived by the City Engineer, with the concurrence of the
Planning Commission and City Council,if he or she has determined that, due to the knowledge he
or she or the staff has as to the characteristics and properties of the soils within the subdivision,no
final analysis or report is necessary. (§ 6, Ord. 116, as amended by: § 1, Ord. 117; § 1, Ord. 232,
eff. July 3, 1976)
9-1.806 Variance between preliminary and final soils report.
If the City Engineer dete mines that there are differences between the preliminary and final
reports and if the differences are of such magnitude the City Engineer shall so advise the subdivider
in writing, requesting the subdivider to submit an amended subdivision so as to comply with the
final soils report.
If the subdivider refuses to file an amended subdivision map,it shall be just cause for the rejection
of the final map or parcel map by the City Council, or a parcel map by the City Engineer. (§ 7,
Ord. 116, as amended by: § 1, Ord. 117; § 1, Ord. 232, eff. July 3, 1976)
Article 9. Geologic Reports
9-1.901 Purpose.
Due to the Town's proximity to the San Andreas Fault and the fact that the Town itself
contains a number of named and unnamed faults and fault traces,geological considerations for any
Ordinance 572 Page 41
proposed improvements within the Town shall be acknowledged and addressed as a prerequisite
to development.
The purpose of this article is to ensure that any improvements constructed within the Town will
not be subject to premature deterioration or collapse due to the failure to adequately analyze,
evaluate and mitigate geologic and geologically related conditions.
It is for the express purpose of the protection of life and personal and public property that this
article is written. (§ 11, Ord. 141, as amended by § 1, Ord. 232, eff. July 3, 1976)
9-1.902 Final geological report.
A final geological report shall be prepared by an engineering geologist or geotechnical
engineer, licensed by the State.
(a) Said final geology report shall be based on adequate test borings, excavations or other
investigatory procedures approved by the City Engineer.
(b) The final geological report shall also include suggested remedial actions germane to the
findings, and shall address each lot within the subdivision as well as public facilities.
(c) The final geological report shall be completed and submitted to the City Geologist for
review and approval at least thirty (30) calendar days prior to the submission of the final
map or parcel map to the City Council.
(d) The City Engineer shall not submit the final map or parcel map to the City Clerk for
Council action until he or she has received written notification from the City Geologist that
he or she accepts and approves the geological report and applicable and remedial conditions
contained therein.
(e) In the instance of a highly negative geological report, not capable of remedial treatment in
the opinion of the City Geologist, the City Council shall deny the final map or parcel map,
even though the tentative map was conditionally approved with the requirement of the
submission of an acceptable geological report to the City Geologist. (§ 2, Ord. 141, as
amended by § I, Ord. 232, eff. July 3, 1976)
9-1.903 Exception to the requirement for a final geological report.
A final geological report may be waived by the City Geologist,with the concurrence of the
Planning Commission and the City Council, if he or she determines that, due to the knowledge he
or she or his or her staff has as to the geologic characteristics of the land within the subdivision,
no final analysis or report is necessary. (§ 4, Ord. 141, as amended by § 1, Ord. 232, eff. July 3,
1976)
Ordinance 572 Page 42
Article 10. Appeals
9-1.1001 Appeals.
Appeals may be made from any recommendation, decision,determination,or requirement
of the Planning Commission or authorized city official, by filing a notice thereof in writing,
accompanied by the stipulated fee and deposit with the City Clerk within twenty-two 22 calendar
days after such decision or determination or requirement is made. Such notice shall set forth in
detail the action and grounds upon which the subdivider or any other party deems him or herself
aggrieved. (§ 7:10, Ord. 180, as amended by § 1, Ord. 232, eff. July 3, 1976)
9-1.1002 Report.
The City Clerk shall report the filing of such notice to the Planning Commission or
authorized City Official. A written report shall be submitted to the City Council by the one whose
decision, determination or requirement is being appealed. (§ 7:20, Ord. 180, as amended by § 1,
Ord. 232, eff. July 3, 1976)
9-1.1003 Action by council on appeal.
The City Council at its next available meeting following the filing of the appeal,or within
thirty(30)calendar days following the filing thereof,shall set the appeal for hearing to be held not
more than fourteen(14)days thereafter and such hearing may for good cause be continued by order
of the City Council. Upon the hearing of said appeal,the City Council may overrule or modify the
decision,determination or requirement appealed from or refer it back to the Planning Commission
for further consideration. Except for referrals back to the Planning Commission, any order or
orders of the City Council as are in harmony with the spirit and purpose of this chapter shall be
final. (§ 7:30, Ord. 180, as amended by § 1, Ord. 232, eff. July 3, 1976)
Article 11. Improvements
9-1.1101 Purpose.
The City Council finds that definitive purpose for all improvements that would be
applicable to every proposed subdivision on a completely equitable basis is impractical to
establish.The City Council must therefore rest certain discretionary powers with individual experts
to deal with particular situations. Each subdivision shall be considered in relation to the General
Plan and its elements, and any specific plan affecting the general area where the property of the
proposed subdivision is located.The encompassing purpose of this article is to insure that any and
all physical improvements to land, approved or conditionally approved for subdivision, achieve
the following objectives:
(a) Provide for the health, welfare and safety requirements of the future inhabitants of the
subdivision;
Ordinance 572 Page 43
(b) Insure, within reason, that both the immediate and future utility, drainage, traffic, and
sanitary needs are provided for, or can be accommodated with minimal disruption to the
future inhabitants;
(c) To insure that adjacent properties, developed or undeveloped, are considered and achieve
immediate and future compatibility with the improvements,designed for the subdivision;
(d) Insure that the construction of all improvements will result in minimal disruption to the
land from its natural state;
(e) Insure that all improvements are accomplished at no expense to the Town, and that all
improvements are designed in such a manner as to require minimal expenditures for their
maintenance;
(0 Insure,through good survey practices,that all lands,with and without improvements within
the subdivision are accurately divided and identified as to prevent any boundary and/or
ownership discrepancies within the subdivision;
(g) Insure that the transition from raw land to a subdivision, to improved rural neighborhoods,
is well interrelated and accommodations in the improvements are made to accomplish
same;
(h) Insure through the utilization of current technology that all improvements are visually
unobtrusive and in keeping with the rural qualities of the Town. (§ 8:10, Ord. 180, as
amended by § 1, Ord.232, eff. July 3, 1976)
9-1.1102 Improvement plans.
A subdivider shall cause plans, profiles, and calculations where applicable, for all
improvements to be prepared by a registered civil engineer, in accord with the design and
improvement standards of this chapter,which plans and profiles shall be submitted to and approved
in writing by the City Engineer prior to the commencement of improvement work and prior to
filing of the final subdivision map or parcel map. All improvements shall be constructed and
completed under the inspection of the City Engineer or his or her authorized representative.
Without limiting the foregoing, said plans shall include typical cross-sections and proposed
finished grades of all streets, together with a profile showing the relation between finished grade
and existing ground elevations, and the lengths, sizes, grades and types of all pipes, culverts and
other structures. (§ 12:10, Ord. 180, as amended by § 1, Ord. 232, eff July 3, 1976)
9-1.1103 Improvement design standards.
All applicable improvements shall be accomplished in accordance with the standards set
forth in the following reports, unless otherwise modified and/or approved by the City Engineer:
(a) Master Plan for Storm Water Drainage, Town of Los Altos Hills, and amendments;
Ordinance 572 Page 44
(b) Drainage Manual—Department of Public Works,County of Santa Clara, and amendments;
(c) Town of Los Altos Hills Standards for Subdivision Improvements;
(d) American Association of State Highway Officials Loading Designation H-20-44, Bridges
and Culverts;
(e) Town of Los Altos Hills Pathway Construction Standards;
(0 Town of Los Altos Hills Standard Details;
(g) Town of Los Altos Hills General Construction Notes;
(h) Town of Los Altos Hills Sanitary Sewer Construction Notes;
(i) Green Infrastructure Plan.
Copies of each of the above reports and standards are on file and can be examined by the public in
the office of the City Engineer.
9-1.1104 Improvement costs.
The subdivider shall be required to accomplish all improvements within the subdivision at
their own expense unless otherwise specified by this article. Said improvements shall be provided
for by separate agreement satisfactory to the City Attorney in conformance with Article 13 of this
chapter, and other applicable laws and provisions. (§ 1, Ord. 232, eff. July 3, 1976)
9-1.1105 Underground utility improvements.
All public utility systems and service facilities therefore, including, without limitation, all
electrical and telephone distribution or transmission facilities, and also all telephone and all
television distribution or transmission facilities installed in and for the purpose of providing service
within the subdivision,shall be located and installed underground and insofar as practical,shall be
located in the rights-of-way of public streets, with a junction box for each lot or parcel of the
subdivision designed to carry service drops underground to each serviced building or structure.
The subdivider shall make any necessary cost and other arrangements with each of the public
utility companies involved for the installation of underground facilities and for the relocation of
existing overhead facilities on the tract, and in conformance with the respective operating
company's rules and regulations then on file with and approved by the California Public Utilities
Commission. Excepted from the above are the following:
(a) Transformers, pedestal-mounted terminal boxes, meter cabinets, and concealed ducts may
be situated above ground if they are used solely for the purpose of providing service within
the subdivision and are solely in connections with the underground transmission or
distribution lines;
Ordinance 572 Page 45
(b) Poles supporting electricity transmission lines and the electricity transmission lines
supported by such poles may be situated above the surface of the ground if the voltage
carried by such lines is twelve(12 kV)kilovolts or more, and such lines are not connected
to any distribution line situated within the subdivision and do not in any way serve any part
of the subdivision. (§ 1, Ord. 232,eff. July 3, 1976)
9-1.1106 Storm drainage improvements.
Responsibility for storm drainage improvements shall be as follows:
(a) Every subdivider shall install all drainage facilities required to properly drain his or her
own subdivision, including, without limitation, curbs,gutters,catch basins, collector pipes
and open channels, detention basins and the incremental capacity for channels crossing the
subdivision required to accommodate waters arriving within the subdivision. Drainage
facilities shall be designed to allow for percolation of storm water runoff in compliance
with the Town's storm water and green infrastructure goals.
(b) Every subdivider shall install drainage facilities within his or her subdivision to
accommodate out-of-tract drainage flowing across the subdivided property, sized for the
ultimate development of all lands above the subdivided property. The City Engineer shall
review all the data supplied by the subdivider's engineer for the determination of the design
capacities and improvement type.
(c) The buried conduit system shall consist of mains of not less than fifteen (15) inches
diameter together with such manholes, catch basins, laterals and other structures, and at
such grades as required by the City Engineer to conform to good drainage requirements for
the area and topography of the subdivision to prevent standing or flooding waters within
and outside of the subdivision boundaries.
(d) The subdivider shall comply with Provision C.3 of the Town's National Pollution
Discharge Elimination System (NPDES) Permit.
(e) The subdivider shall comply with all conditions of the Santa Clara Valley Water District
as may be imposed for any permit legally granted by such District in order to discharge
said waters into a watercourse.
(0 The subdivider shall install oversized drains and related facilities when, in the opinion of
the City Council and upon recommendation of the City Engineer, they are necessary for
immediate or future benefit and utilization of lands not contained in the subdivision. In
such instance, the Town may enter into an agreement with the subdivider to collect the
excess of costs of the oversize or additional facilities from all persons in the future using
the same for the benefit of property not in the subdivision, and to pay such collections of
excess costs to the subdivider as received. Such agreement may provide for a time limit
beyond which no such collection shall be made for said oversize drainage facilities,but in
no event less than ten (10)years.
Ordinance5l2 Page46
9-1.1107 Sanitary sewer improvements—Mains.
When sanitary sewers are to be installed by the subdivider, the plans and the installation
and the construction work shall be in accordance with the current standards and requirements of
the Town and the city maintaining the sewers. The general location, depth and type of sanitary
sewer facilities shall be shown on the street improvements plans. The sewer plans shall be
approved by the City Engineer prior to the recording of the final map or parcel map. The
construction inspection shall be performed by City Engineer or an authorized representative.
9-1.1108 Sewage disposal—Laterals and private systems.
Every lot or parcel in a subdivision shall be provided with sanitary sewers connected to a
public sanitary sewer system.Where public sanitary sewers are available,laterals shall be provided
to each lot in a manner acceptable to the City Engineer, so as to prevent the disruption or
accelerated deterioration to other improvements. Where public sanitary sewers are not available to •
the subdivision, individual sewage disposal facilities may be utilized if every lot is of such area,
configuration,topography and the soil conditions are such as to permit the construction of safe and
adequate individual sewage disposal facilities. When individual sewage disposal facilities are
required, the Santa Clara County Health Officer shall make his or her recommendations, in
accordance with Chapter 4,Title 6, of this Code. (§ 1, Ord. 232, eff. July 3, 1976)
9-1.1109 Water improvements—Emergency and potable.
Emergency and potable water improvements shall be constructed, show, and completed as
follows:
(a) The subdivider shall construct a complete water system, including mains, valves, fittings,
blowoffs, fire hydrants and other appurtenances and structures, adequate to provide water
supply for fire protection. Said system shall conform with the standards established by the
Board of Fire Underwriters of the Pacific. Grades and location shall be approved by the
City Engineer. The location of fire hydrants shall be as determined by the Fire Official of
the Los Altos Hills County Fire Protection District.
(b) Utilizing the aforementioned system or via the use of an alternately approved system,every
lot or parcel in a subdivision shall be supplied water for domestic purposes from a water
agency as approved by the Santa Clara County Department of Environmental Health. The
subdivider shall furnish evidence of agreements showing availability of the public water
system to serve the subdivision.
(c) The complete water system and any fire protection facilities required shall be shown on the
street improvement plans or on separate plans.
(d) The water and fire protection systems as required shall be completed prior to the occupancy
of any dwelling or home on any parcel or lot within the subdivision. (§ 1, Ord. 232, eff.
July 3, 1976)
Ordinance 572 Page 47
9-1.1110 Abandoned wells.
All abandoned wells shall be destroyed and/or sealed in a manner and in accordance with
the current standards of the Santa Clara Valley Water District.
9-1.1111 Road improvements.
Road improvements shall be as follows:
(a) Every subdivider shall construct all roadways within dedicated or private easements
(excluding joint or shared driveways) as shown on the final map, in conformance with the
applicable standards of Section 9-1.1103, with the following exceptions: Split-level, one-
way streets,one-way loop streets,and divided or stepped streets,as approved under Article
7 of this chapter, shall have a minimum paved width of twelve(12)feet plus appurtenances
and required pullout areas.
(b) The subdivider shall cause an"S"mark to be stamped on the curb face,or within the swale
concrete gutter, over the location of each sewer lateral stub which serves the adjacent
parcel(s).
(c) The subdivider shall cause a"W"mark to be stamped on the curb face,or within the swale
concrete gutter, over the location of each water service stub which serves the adjacent
parcel(s).
(d) Whenever all or any portion of the subdivision borders or fronts on an existing subdivision
street improved or about to be improved by another subdivider subject to a reimbursement
agreement, the latter subdivider shall be required to pay the amount of the reimbursement
to the Town for the account of the former.
(e) Whenever the City Engineer determines that any public roadway,or any part thereof which
borders on any part of a subdivision need not be immediately improved to Town standards
at the time the subdivider constructs the other improvements of the subdivision, the
subdivider may be required to accomplish one or both of the following:
(I) Pay moneys in lieu of installing the improvements immediately as established by
resolution; and in addition may be required to
(2) Install temporary improvements to the satisfaction of the City Engineer.
In the event both the above are required, the subdivider shall deposit with the Town the
cash difference between the estimated cost of Town standard improvements and the cost
of temporary improvements. The in lieu payment, whether offset or not by temporary
improvements, shall be deposited with the Town prior to the acceptance of the final map.
(I) The subdivider shall install at all street intersections, signposts and street name signs
conforming to Town standards; and regulatory and warning signs conforming to the latest
Ordinance 572 Page 48
California Manual on Uniform Traffic Control Devices, as adopted by the California State
Department of Transportation.
(g) Where dead-end streets are approved, standard street barricades shall be constructed by the
subdivider at the ends thereof. In addition, where in the opinion of the Planning
Commission,they may recommend and the City Council approve, said streets shall not be
extended within two (2) years from the estimated completion of the improvements, the
subdivider may be required to plant and landscape the one-foot strip granted to the Town
in accordance with subsection(f)of Section 9-4.704 as part of the street improvement.
(h) Erosion control plantings and associated irrigation systems in the subdivision or within the
right-of-way shown on the subdivision map may be required by the City Council as a
condition of approval of the tentative map. Such plantings and facilities, when so required,
shall be shown on the street improvement plans or on separate landscape plans. The work
shall be included in the security of street improvements. If the subdivider elects to delay
the planting of trees, erosion planting and watering facilities, the subdivider shall be
required to file a separate security. (§ 1, Ord. 232, eff. July 3, 1976)
9-1.1112 Pathways.
Every subdivider shall dedicate pathway easements and construct paths to Town standards
when such dedications and construction requirements are a condition of approval of the tentative
subdivision or parcel map,consistent with the Pathway Element of the General Plan and the Master
Pathway Plan. Any lot in the subdivision that does not contain a path shall be assessed a pathway
impact fee, the amount of which shall be fixed by Council resolution. Funds collected shall be
deposited in the Town's Pathway Fund. (§ 1, Ord. 232, eff. July 3, 1976; § 2, Ord. 381, eff. April
19, 1996)
9-1.1113 Supplemental intrasubdivision improvements.
(a) In addition to the specific improvements contained in this article, the City Council, upon
staff recommendation(s), may require special improvements in order to carry out the
purpose of this chapter. Said improvements shall be required as dictated by the unique
circumstances of each case.
(b) Modifications. If, during the course of construction of improvements, the public interests
require a modification of or departure from the Town standards or improvements plans,the
City Engineer shall, with the consent of the subdivider and approval of the City Council,
have the authority to require such modification or departure and may specify the manner
in which they shall be made. (§ 1, Ord. 232, eff. July 3, 1976)
9-1.1114 Supplemental intersubdivision improvements and reimbursement agreements.
In addition to the several more specific improvements set forth in this article,the subdivider
may be required to install improvements for the benefit of the subdivision with supplemental size,
capacity or number so as to benefit property not within the subdivision and to dedicate or offer to
Ordinance 572 Page 49
dedicate such additional improvements for public use. In the event of the imposition of such a
condition, the Town shall enter into an agreement with the subdivider to reimburse him or her for
that portion of the cost of such improvements equal to the difference between the amount it would
have cost to install such improvements to serve the subdivision only, and the actual cost of such
improvements. Said reimbursement agreements may be provided for by any one or more of the
methods as set forth in Government Code Section 66487(a),(b)and(c),to provide funding for the
reimbursement for said excess costs, and in the event a local benefit district be established in
accord with Government Code Section 66487(c) for the levy and collection of charges from
benefited property,prior to the establishing of the boundaries of such area,there shall first be held
a public hearing by the City Council noticed in accord with Government Code Section 66451.3 as
well as written notice by regular mail to be given to the subdivider and to all persons owning
property within the proposed area of benefit, as shown on the latest equalized assessment roll, all
to which notices shall be at least ten days prior to the date established for said hearing, and at said
hearing the City Council shall be required to find that the fee or charge for the area of benefit or
local benefit district be reasonably related to the cost of such supplemental improvements and to
the actual ultimate beneficiaries thereof. (§ 1, Ord. 232, eff. July 3, 1976)
9.1.1115 Surveys.
Surveys shall be as follows:
(a) Surveys, Procedures and Practice.
(1) The procedure and practice of all survey work done on any division of land for
preparation of a final map shall conform to the standards and details as set forth in
Chapter 15, Division 3, Business and Professions Code, Land Surveyor's Act. The
allowable error of closure on any portion of a final map shall be one in ten thousand
(1/10,000=0.0001).
(2) If the Public Works Department of the County of Santa Clara or the City Engineer
has established the centerline of any street in or adjoining a division of land, the
final map shall show such centerline,together with reference to a field book or map
showing such centerline and the monuments which determine its position. If
determined by ties, that fact shall be stated upon the final map.
(b) Boundary. Each final map shall show durable monuments found or set at or near each
boundary corner and at intermediate points, approximately six hundred(600) feet apart, or
at a lesser distance as may be made necessary by topography to insure accuracy in the
establishment of any point or line without unreasonable difficulty.The precise position and
character of each monument shall be shown on such maps. Such durable monuments shall
be not less substantial than an iron pipe of a two (2) inch outside diameter, not less than
two and one-half(2.5) feet in length, with plug, tack, and tag set at least two (2) feet into
the ground. For the purpose of this chapter a lead and tack set in permanent concrete or
masonry shall be considered as a durable monument.The approximate elevation of the top
of each such monument with respect to the surface of the ground shall be shown on the
map.
Ordinance 572 Page 50
(c) Street Centerline. Centerline monuments set in monument boxes, as detailed in the Town
standards, shall be set to mark intersections of roads or streets, intersections of streets with
the tract boundary and the beginning and end of curves or other intermediate points.
(d) Notes to be furnished:
(I) For each centerline intersection monument set, the engineer or surveyor under
whose supervision the survey has been made, shall furnish to the City Engineer a
set of survey notes, showing clearly the ties between such monuments and a
sufficient number (normally four) of durable distinctive reference points or
monuments. Such reference points or monuments shall be leads and tacks or such
substitute therefor as appears to be not more likely to be disturbed.
(2) Such set of notes shall be of such quality, form and completeness and shall be on
paper of such quality and size as may be necessary to be filed as standard office
records in the office of the City Engineer. All such notes shall be indexed and filed
by the City Engineer as a part of the permanent public records of the City.
(e) Identification Marks. All monuments set as required in this section shall be permanently
and visibly marked and tagged with the registration or license number of the engineer or
surveyor under whose supervision the survey was made.
(0 Deferment. All boundary and centerline monuments shall be set prior to recordation of the
final map or parcel map unless extensive grading operations or improvement work makes
it impractical to set the monuments. In the event any or all of the boundary monuments
required are to be set subsequent to the recordation of the final map or parcel map,the civil
engineer or land surveyor making the survey shall furnish evidence to the City Engineer
prior to or at the time of submittal of the final map or parcel map to substantiate his or her
reasons for deferring the setting of permanent monuments until after recordation of the
final map. If the setting of boundary and centerline monuments is deferred, field notes
showing the boundary and centerline survey shall be presented to the City Engineer at the
time the final map or parcel map for checking. The final or parcel map shall show which
monuments are in place and which are to be set. Prior to approval of the final map by the
City Council, the subdivider shall submit a written agreement in which he or she agrees
that the monuments to be deferred shall be set within a specified time, and that the notes
required in subsection (d)of Section 9-1.1115 will be furnished within a specified time.
(g) Inspection and Approval. All monuments of all types shall be subject to inspection and
approval of the City Engineer in conjunction with his or her checking of the final map and
inspection and approval of all deferred monuments to be set as required. (§ 1, Ord. 232,
eff. July 3, 1976)
Ordinance 572 Page 51
Article 12. Final Maps Including Parcel Maps
9-1.1201 Final maps—General.
The form and content of a parcel map or the final subdivision map,collectively referred to
in this article as the final map, shall be in accord with the provisions of Article 4, Chapter 3,
Division 2, Title 7, Government Code of the State of California and in addition shall comply with
all of the provisions of this article. Final maps not submitted in accord therewith shall not be
considered for approval. (§ I, Ord. 232, eff. July 3, 1976)
9-1.1202 Filing with City Engineer.
Final maps may be filed with the City Engineer within a period of twelve(12)months after
the approval of conditional approval of the tentative map.
(a) Said filing must be at least twenty(20) calendar days prior to submittal of said map to the
City Clerk for agenda scheduling before the City Council.
(b) Any failure to record a final map within the time limits specified above or within any
extension thereof granted pursuant to this article shall terminate all proceedings. (§ 1, Ord.
232, eff. July 3, 1976)
9-1.1203 Filing—Extension of time.
The City Council may grant an extension of time,not to exceed an additional eighteen(18)
months beyond the twelve (12) months allowed for the recording of a final map. An application
by the subdivider for such an extension of time shall be made in writing to the City Council and
received at Town Hall not fewer than thirty (30) days prior to the twelve- (12) month expiration
date of the approved or conditionally approved tentative map.
(a) The application shall be in letter form, addressed to the City Council, and shall state the
reasons for requesting the extension. .
(b) In granting an extension by the City Council,new conditions may be imposed and existing
conditions maybe revised. (§ I, Ord. 232, eff. July 3, 1976)
9-1.1204 Submittal of information for review by City Engineer.
The subdivider may cause the proposed subdivision or any part thereof to be accurately
surveyed and a parcel map or a final map to be prepared by a State of California registered civil
engineer or a state licensed land surveyor substantially in accord with the tentative map as
approved or conditionally approved.
The final map shall comply with the provisions of this article and the Subdivision Map Act of the
State. The applicant shall simultaneously submit all accompanying documents as required in
Section 9-1.1206. When and only when, the collective requirements of Section 9-1.1205 and
Ordinance 572 Page 52
Section 9-1.1206 are satisfied,the City Engineer will commence his or her review of the final map.
(§ 1, Ord. 232. eff. July 3, 1976)
9-1.1205 Final map and parcel map requirements.
The following content, form, and copy requirements shall be adhered to on all final maps
submitted to the City Engineer for his or her review:
(a) Title Sheet. The title sheet shall contain the tract designation as approved by the Planning
Commission, and tract number as assigned by the Public Works Department of the County
of Santa Clara.
(1) Below the title shall appear a subtitle giving a general description of the property
and a reference to the maps which have been previously recorded. All references to
final maps, parcel maps, and records of survey shall be written and worded
identically with the original records as recorded,by book and page.
(2) Upon the title sheet of each map tiled for the purpose of reverting subdivided land
to acreage, there shall appear conspicuously in the title the words "The purpose of
this Map is a REVERSION TO ACREAGE of (insert legal description of
land being reverted)." In the case of reversion to acreage, no accurate survey need
be made unless deemed necessary by the City Engineer.
(3) Below the subtitle the words "TOWN OF LOS ALTOS HILLS"shall appear.
(b) Identification. Identification shall be as follows:
(1) The map shall show clearly the stakes,monuments (type, size, and registration tag
number if any), or other evidence found on the ground in making the survey to
determine the boundaries of the subdivision. All final maps shall show the ties to
not less than two existing monuments.
(2) The corners of all adjoining subdivisions shall be identified by lot or parcel number,
tract name and number, and place of record, book and page, and proper ties
therewith. The map shall show type, size and registration tag number placed in
making the survey for proper reference and data sufficient for relocation and
retracing any and all exterior boundary lines and lot or parcel lines. Where the City
Engineer has established the monument line of a road adjacent to or in the proposed
subdivision, the data shall be shown on the map, indicating all monuments found,
and with reference to the field book or map. If the points were reset from ties, the
courses and detail of relocation data shall be so stated.
(3) Sufficient data shall be shown on the map so as to determine readily the bearings,
lengths, and curves of all lines which create the external boundaries of the
subdivision and the internal division of all lands contained therein; the map shall
show the basis of bearing.
Ordinance 572 Page 53
(4) The dimensions of each lot, parcel or easement shall be given as total dimensions,
corner to corner, and shall be so designated in feet and hundredths of a foot.
(5) All curves shall be indicated by radii, arc lengths, and total central angles or
bearings of terminal radii of each curve as may be necessary to determine the
location of the centers of curves. No ditto marks shall be used. The bearing of each
radial line to each lot or parcel corner on each curve, or the central angle of each
segment within each lot or parcel shall be shown.
(6) The centerlines and side lines of all streets or roads, the total widths thereof, and
the widths each side of the centerline,and the widths of any portion of a street being
offered for dedication, the width of existing and proposed dedications, and the
widths of any flood-control drainage channel or other right-of-way shall be shown.
(7) The final map shall delineate the side and front lines of any street or other public
way over which the ingress and egress of traffic is prohibited.
(8) Lot or parcel numbers shall begin with the number "I" and shall continue
consecutively throughout the subdivision with no omissions or duplications, except
that lot or parcel numbers in subsequent contiguous subdivision units may expand
the numbering sequence of the previous unity, provided the commercial name of
the subdivision remains unchanged. All letters and figures within the subdivision
shall be conspicuous and solid.
(9) All Easements.All notes or figures pertaining to each easement shall be subordinate
in form and appearance to those relating to the division of land itself.
(10) The map shall show all easements of record or easements to be recorded, to which
the lots or parcels will be subject. Such easements shall be clearly labeled and
identified if already of record, and record reference given. If any easement is not
definitely located by record,a statement of such easement must appear on the map.
All easements other than for streets shall be denoted by fine broken lines and
designated as to type. Easement widths, and the lengths and bearings of the lines
thereof, together with sufficient ties thereto, shall be set forth to definitely locate
the easement with respect to the subdivision. Distances and bearings on the side
lines of lots which are cut by easements shall be arrowed or so shown as to indicate
clearly the actual length of each lot line.
(11) The final map shall show any body of water, natural or artificial, and all natural
drainages and shall delineate such area, if any, subject to periodic flooding or
inundation by water.
(12) City boundary lines which are within 100 feet of the exterior boundaries of the
subdivision shall be clearly designated and referenced.
Ordinance 572 Page 54
(13) There shall appear a note on the final map that a soils report has been prepared
stating the date thereof and the name and registration certificate of the civil engineer
making the report.
(14) If any portion of the land within the boundaries shown on the tentative map of a
division of land is subject to flood hazard,inundation,or geological hazard,and the
use of the property will be for structures thereon, the advisory agency may
disapprove the map or any portion of the map so affected and require protective
improvements to be constructed as a condition precedent to approval of the map. If
any portion of a lot or parcel of a division of land is subject to flood hazard,
inundation or geological hazard,such fact and portion shall be clearly shown on the
final map by a prominent note on each sheet of such map,whereon any such portion
is shown.
(15) In the event that a dedication of a right-of-way for storm drainage purposes is not
required, the location of any watercourse, channel, stream or creek shall be shown
on the final map.
(16) The final map shall show and delineate all other data that is or may be required by
other provisions of this chapter or otherwise by law.
(c) Certification. Certification shall be as follows:
(1) Each final map shall contain the requisite owner's certificate and acknowledgment,
City Clerk's certificate,civil engineer's or licensed land surveyor's certificate,City
Engineer's certificate, County Recorder's certificate, and such other certificates
and acknowledgments as may be required by the Subdivision Map Act, and as
required by local ordinance. The form of each certificates shall be established by
resolution of the City Council.
(2) The owner's certificate shall include offers of dedication of all roads and other
easements shown on the final map intended for any public use,except those parcels
of land which are for the exclusive use of the lot owners in the subdivision, their
tenants, visitors, and employees, such private parcels or easements shall be
specifically designated on the final map.
(3) Affidavits, certificates, acknowledgments, endorsements, acceptances, or rejection
of dedication and notarial seals as required by law and by this chapter shall appear
only once upon the title sheet or such other sheets as may be required. The written
contract of all certificates, acknowledgments and other matters on the map shall be
subject to the approval of the City Attorney.
A certificate of the licensed civil engineer or land surveyor shall appear on the map
showing date of survey and setting of monuments and description of monuments
by which they may be identified.
Ordinance 572 Page 55
(d) Form. Form shall comprise the following elements:
(1) Title Sheet.A key map shall be placed on the title sheet should the final map consist
of three or more sheets,including the title sheet, and every sheet of a final map shall
bear the tract number,the title(but not the subtitle other than on the title sheet),the
scale of the map,the north point, the basis of bearings,the legend, a description of
the monuments and the sheet number and number of sheets comprising the map,
and the relation, if any, between each sheet and each other sheet thereof.
(2) Map Orientation. The map on each sheet and the lettering thereon shall be so
oriented that with the north point direction away from the reader, the map may be
read most conveniently from the bottom or lower corner. The binding edge shall be
the shorter dimension of the map to the reader's left.
(3) Sheet Size and Scale.The size of each sheet shall be eighteen(18)inches by twenty-
six inches (26) inches. A marginal line shall be drawn completely around each
sheet, leaving an entirely blank margin of one inch. The final map shall be drawn
according to an engineer's scale of one inch equals fifty(50) feet.
(4) Map Border. The subdivision boundary shall be designated by a Prussian blue
border one-eighth inch wide applied inside the boundary line to the reverse side of
the tracing. Such boundary line shall not obliterate figures or other data.
(5) Signatures. The final subdivision map shall conform to the provisions of the
Subdivision Map Act of the State, except that signatures shall be made in black
India ink.
(6) Map Materials. Final maps shall be legibly drawn, printed, or reproduced by a
process guaranteeing a permanent record in black on tracing cloth or polyester base
film, including certificates. If ink is used on polyester base film, the ink surface
shall be coated with a suitable substance to assure permanent legibility.
(7) Roadway Labels. All road or street names shall be spelled out in full.
(e) Copies and Originals to be Submitted to City Engineer. All that has been mandated in
Section 9-1.1205, inclusive, shall be submitted to the City Engineer with original tracings
and a minimum of four(4)blue line prints of such final map,and such additional copies as
may be required by the City Engineer, with any and all alterations and changes required
thereto, conforming to law and the requirements of this chapter. (§ 1,Ord. 232,eff. July 3,
1976)
9-1.1206 Accompanying documents in support of a final map.
The following accompanying documents shall be required for any and all final maps
submitted to the City Engineer for review:
Ordinance 572 Page 56
(a) Evidence of Title. In the event any dedication is to be made for public use,a title guarantee
issued by a reputable title company doing business in the County of Santa Clara,dated not
more than ten(10) days prior to the date of the filing of the final map, showing the names
of all persons whose consent is necessary for the preparation of said map, and for any
dedication to public use, and their interests therein, certified for the benefit and protection
of the Town that the persons therein named are all of the persons necessary to give clear
title to the roads and other easements therein to be offered for dedication;
(b) Traverse Sheets. Electronic calculation traverse sheets, in a form approved by the City
Engineer, giving the bearings, distances, angles, radii, length of curves, latitudes,
departures, and coordinates, mathematical closure within the allowable limits of error of
the exterior boundaries of the subdivision. All lots or parcels, and all parcels offered for
dedication shall be shown on the calculation sheets. Ties to existing and proposed
monuments shall be indicated;
(c) Plans, Profiles, Details. Four (4) sets of plans, profiles, details and specifications for
improvements conforming to the Town Standard Specifications for Subdivision and to
Article 11. Said plans, profiles and details must show full details of all improvements, and
shall be to a scale of forty (40) or fifty (50) feet to the inch horizontally, and four (4) or
five(5) feet to the inch vertically;
(d) A detailed estimate of quantities and costs of the proposed improvements for approval of
the City Engineer;
(e) Such deeds, offers of dedication or other instruments affecting or conveying title or any
interests in land as are required under the terms of conditional approval of the tentative map;
(Q A receipt for applicable fees required for the filing of a final map, amount in accordance
with the fee schedule formally adopted by resolution of the City Council;
(g) Three sets of landscaping plans, if required. (§ 1, Ord. 232, eff. July 3, 1976)
9-1.1207 Final map review and action by the City Engineer.
Within twenty(20)calendar days after the submittal of all information required by Sections
9-1.1205 and 9-1.1206, the City Engineer shall have examined the final map and accompanying
data and shall determine:
(a) Whether the subdivision is substantially the same as shown on the approved or
conditionally approved tentative map,with only approved alterations thereof;
(b) Whether all conditions of the tentative map approval have been completed, or if
incomplete, can be included in a regular subdivision improvement agreement with the
Town;
Ordinance 572 Page 57
(c) Whether the Subdivision Map Act, all provisions of this chapter, and all other applicable
provisions of law have been complied with; and
(d) Whether said final map is technically correct.
The City Engineer may request the assistance of other agencies in the checking and certification
of the final map.The time limits for checking and approval may be extended by the mutual consent
of the subdivider and the City Engineer or the City Council.
If the final map is found to be technically correct and in conformance, the City Engineer shall
certify the map and return it to the City Clerk to be filed and/or processed in accordance with the
provisions of the Subdivision Map Act of the State. (§ 1, Ord. 232, eff. July 3, 1976)
9-1.1208 Final action on parcel maps not requiring dedications.
Parcel maps not requiring dedications need not be approved by the City Council. Said
maps, when in compliance with this article and the Subdivision Map Act, may be signed by the
City Engineer and filed with the Santa Clara County Board of Supervisors.(§ 1, Ord. 232,eff.July
3, 1976)
9-1.1209 Final action on final maps requiring dedications and/or improvements.
(a) At the time set for the consideration of the final map which requires dedications and/or
improvements, or at any adjournment thereof of not over five (5) days. the City Council
shall consider the matter. If the City Engineer has certified that the final map so filed
conforms in all respects with the tentative map and the Subdivision Map Act, as approved
or conditionally approved, the City Council shall approve such final map.
(b) If the City Council finds that the final map does not, in fact, conform with the approved or
conditionally approved tentative map, the final map shall be returned to the subdivider,
together with a statement of the reasons for the findings of the Council; with the provision
that a new map, deemed to be in conformance with the approved tentative map, may be
submitted within the time limit applicable to his or her original submittal to the City
Council. The City Council shall accept any and all offers of dedication of parcels upon
which any physical improvements are required by the City Council to be constructed,
furnished, and installed by the subdivider. Such acceptance shall be so stated in the
certificate prepared for City Council certification. The City Council shall accept any and
all offers of dedication for other parcels or easements.
(c) Denial of Final Map. The City Council shall deny approval of a final map if it makes any
of the following findings:
(1) That the proposed map is not consistent with applicable general and specific plans;
(2) That the design or improvements of the proposed subdivision are not consistent
with applicable general and specific plans;
Ordinance 572 Page 58
(3) That the site is not physically suitable for the type of development proposed:
(4) That the site is not physically suitable for the proposed density of development;
(5) That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
(6) That the design of the subdivision or the type of improvements is likely to cause
serious public health problems;
(7) That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of property
within the proposed subdivision. In this connection,the City Council may approve
a map if it finds that alternate easements for access or for use will be provided, and
that these will be substantially equivalent to ones previously acquired by the public.
This subsection shall apply only to easements of record or to easements established
in judgment of a court of competent jurisdiction and no authority is granted by this
section to the City Council to determine that the public at large has acquired
easements for access through or use of property within the proposed subdivision.
(§ 1, Ord. 232, eff. July 3, 1976)
9-1.1210 Amendment of final map.
In addition to the corrective amendments authorized by Government Code Section 66469,
after a final map or parcel map is filed in the office of the County Recorder,the recorded final map
may be modified by a certificate of correction or an amending map, if the City Council finds that
there are changes in circumstances that make any or all of the conditions of the map no longer
appropriate or necessary and that the modifications do not impose any additional burden on the
present fee owner of the real property, and if the modifications do not alter any right, title, or
interest in the real property reflected on the recorded map and the City Council finds that the map,
as modified, conforms to the provisions of Government Code Section 66474. Any such proposed
modification shall be set for public hearing before the Planning Commission and City Council in
accordance with the procedures set forth for approval of tentative maps.The Planning Commission
and the City Council shall confine their hearings to consideration of, and action on, the proposed
modification. (§ 1, Ord. 343 eff. January 16, 1991)
Article 13. Improvement Agreements, Security and Insurance
9-1.1301 Purpose.
The purpose of this article is to insure, through the mechanisms contained in this article,
that all improvements levied against a subdivision are completed by the owner(s) of the property
or if said owner(s) should fail to accomplish the improvements for whatever reasons that the Town
can accomplish the same said improvements at no expense to itself.
Ordinance 572 Page 59
This article also provides for the maintenance of said improvements for a specified period
of time after their completion and the release of the Town from all liability associated with the
improvements until acceptance for maintenance and operation by resolution or the City Council.
(§ 1, Ord. 232, eff. July 3, 1976)
9-1.1302 Improvement agreement.
If all the improvement work has not been satisfactorily completed,before the final map is
filed for approval, the owner or owners of the land being subdivided shall enter into a written
subdivision agreement with the Town as approved by the City Attorney specifying that within one
year or such other period of time as agreed upon by the parties involved,the owner or owners shall
complete all specified improvement work in accordance with Article 11 and that the said owner or
owners shall maintain and keep said improvements in good condition and repair for an additional
period of two (2) years from date of acceptance of the said improvements by the City Council.
(a) The Council, by resolution, shall establish the date of satisfactory completion of said
improvements after the certification of same by the City Engineer. (§ 1, Ord. 232, eff. July
3, 1976)
9-1.1303 Improvement agreement provisions.
The subdivision agreement shall in substance provide:
(a) That if the owner(s) fails to complete the said improvements or to maintain them in
accordance with the terms and time frame of the agreement, the Town may complete the
same and recover the full cost and expense thereof from the owner(s);
(b) For the inspection of all improvements by the City Engineer;
(c) For the furnishing of a one hundred (100) percent cash or surety bond or bonds securing
the faithful performance by the owner(s)with all the terms of said agreement,together with
a one hundred (100) percent cash or surety labor and material bond or bonds;
(d) For the indemnification of the Town, its City Council, officers, officials, agents, boards,
Commissioners, volunteers, and employees from claims of any nature arising or resulting
from the performance of any acts required by the Town to be done in accordance therewith
in form acceptable to the City Attorney;
(e) For the termination of the agreement upon the completion of proceedings under an
assessment district act for the construction of improvements deemed by the City Engineer
to be at least equivalent to the improvements specified in such agreement and required to
be constructed by the owner(s):
(f) For progress payments to the owner(s) from any deposit money which the subdivider may
have filed;
Ordinance 572 Page 60
(g) For the furnishing of liability and of property damage insurance as hereinafter specified;
and
(h) As a consideration for the foregoing and any other provisions of the said agreement, the
Town agrees to accept the roads or streets,storm drains,paths,sanitary sewers and all other
required improvements including easements in which they lie,at such time as the owner(s)
have fully complied with all the terms of the subdivision agreement. Ten (10) percent of
the security bond shall remain in full force and effect for a period of two (2) years,
guaranteeing the maintenance of the improvements, including landscaping;
(i) For extensions of time under conditions therein specified.
In addition to the foregoing, said agreement may contain such other and further terms, covenants,
conditions or provisions as the parties may agree on. (§ 1, Ord.232, eff. July 3, 1976)
9-1.1304 Improvement and labor and material bonds.
The owner(s)of the land being subdivided shall furnish and file with the Town a good and
sufficient cash or corporate surety bond or bonds executed by a surety company authorized to
transact a surety business in the State of California, in an amount not less than one hundred(100)
percent of the estimated cost of completion of said improvements, as determined by the City
Engineer. The terms of the said improvement agreement by the owner(s) shall be all in a form
approved by the City Attorney which is substantially in accord with Government Code Section
66499.1. The bond shall remain in full force and effect at all times until the expiration of two (2)
years after satisfactory completion and acceptance by resolution of the Council of all
improvements, and thereafter until all deficiencies in construction, maintenance, and repair have
been rectified. Whenever a failure to perform under the said improvement agreement has not been
satisfactorily rectified by the owner(s) or his or her surety within thirty (30) calendar days after
notice to the surety at the office of its authorized representative, the Town at its option may
thereafter without further notice declare said bond forfeited and cause all required construction,
maintenance or repair to be done. In lieu of said bond the owner(s) may deposit cash or certified
cashier's check with the City Treasurer.
In addition to the aforementioned faithful performance bond, the owner(s) shall furnish and file
with the Town a good and sufficient cash or corporate surety labor and material bond in an amount
of not less than one hundred (100) percent of the estimated cost of completion of said
improvements, in a form approved by the City Attorney, which is substantially in accord with
Government Code Section 66499.2 to secure payment to all contractors, subcontractors, laborers,
suppliers and other persons employed in the performance of the work installing and completing
said subdivision improvements. In lieu of said bond, the owner(s) may deposit cash or a certified
cashier's check with the Town Finance Manager.
9-1.1305 Public liability and property damage insurance.
No final map shall be presented for approval or be approved until the owner(s) file with
the City Clerk a certificate or policy of public liability and property damage insurance, in a form
Ordinance 572 Page 61
satisfactory to the City Attorney, providing public liability insurance limits in the amount of not
less than One Hundred Thousand and no/100ths ($100,000.00) Dollars for each person and three
hundred thousand dollars ($300,000.00) for each accident or occurrence and property damage
insurance limits or not less than fifty thousand dollars(50,000.00),wherein the Town, and in their
capacity as such its City Council, officers, officials, agents, boards, Commissioners, volunteers,
and employees will be insured, indemnified, and held harmless from and against any and/or all
claims of any kind or nature arising or resulting from the construction of said improvements or
other work and/or arising or resulting from or concerning the doing or failure to do by said
owner(s)of all things required to be done by the owner(s)under the terms of the said improvement
agreement. Said insurance shall include an operations endorsement to cover a period of not less
than two(2) years after date of satisfactory completion of the improvements, and shall provide for
noncancellatiion without ten(10) days prior written notice to the Town of intention to cancel. (§ 1,
Ord.232, eff. July 3, 1976)
9-1.1306 Time extensions and releases of bonds.
No extension of time, progress payments from cash deposits, or releases of surety bond or
cash deposit shall be made except upon certification by the City Engineer that the work covered
thereby has been satisfactorily completed, and upon recommendation of the City Manager and
approval of the City Council. (§ 1, Ord. 232, eff. July 3, 1976)
9-1.1307 Faithful performance bond—Monuments.
The improvement agreement referred to in Section 66499 of the Subdivision Map Act shall
be accompanied by a faithful performance bond in a penal sum, which in the opinion of the City
Engineer equals the cost of setting monuments, guaranteeing the faithful performance of all such
work of setting monuments and furnishing notes, and in every respect complying with such
agreement. (§ 1, Ord. 232, eff. July 3, 1976)
9-1.1308 Guarantee—Water improvements.
If the subdivider shows to the satisfaction of the City Engineer that he or she has entered
into a contract with a water utility company, district or mutual, to construct water mains and
appurtenances, including fire hydrants as required by said company, district or mutual, which
contract makes the Town a party thereto, and provides such contract may not be modified or
rescinded without the consent of the Council except as required by the Public Utilities
Commission, and has deposited with such water utility security for the payment of such water
utility improvements which the City Engineer feels adequate, the owner(s) need not include in
their agreement and faithful performance bond with the Town installation of such water mains and
appurtenances including fire hydrants. (§ 1, Ord. 232, eff. July 3, 1976)
9-1.1309 Reduction in bond or deposit on portion completed.
When any portion or unit of an improvement has actually been fully completed, the City
Engineer shall inspect such improvement and may at his or her discretion authorize from time to
time a reduction in the bonds or instruments of credit, or a partial withdrawal of funds for which
Ordinance 572 Page 62
bonds or instruments of credit were deposited,in lieu of the faithful performance bond required by
this Article, equal to ninety(90) percent of the estimated cost of such completed portion.
This Section does not authorize a reduction or withdrawal for partial completion of a portion or
any unit of such improvements. (§ 1, Ord. 232, eff. July 3, 1976)
Article 14. Park and Recreation Requirements
9-1.1401 Purpose.
The purpose of this article is to provide public lands for park and recreational uses. The
public acquisition of such lands has been determined by the City Council as a method of retaining
the Town's rural environment while simultaneously providing for many of the leisure and
recreational needs of the citizens that comprise the community. (§ 1, Ord. 232, eff. July 3, 1976)
9-1.1402 Authority.
The authority for providing for park and/or recreation space and/or facilities is based on
this article, the recreation element of the General Plan of the Town, and Section 66477 of the
Government Code of the State. (§ 1, Ord. 232, eff. July 3, 1976)
9-1.1403 Requirements for park and recreation dedication fees.
(a) Every subdivider shall be required to dedicate a portion of land,or pay a fee in lieu thereof,
or a combination of both,at the option of the Town for the purpose of providing park and/or
recreational space/facilities. Said authority shall be governed by Section 9-1.1402.
(b) Fees in Lieu of Land Dedication. A subdivider may pay a fee to the Town in lieu of
dedicating land if(1) there is no park or recreational facility to be located in whole or in
part within the proposed subdivision or site, or(2) the proposed subdivision contains fifty
(50) or fewer lots or parcels. Such fee shall be in an amount equal to the fair market value
of the amount of land which would otherwise be required to be dedicated pursuant to
subsection(b)of Section 9-1.1404. "Fair market value,"as used herein, shall be the greater
of (1) the average estimated fair market value for all residentially zoned real property
located in the Town as determined by the Planning Director, or(2)the fair market value of
the land in the subdivision or site, based upon its then assessed value modified to equal
market value in accord with the current practices of the County Assessor and as determined
by the Planning Director.
(c). The land,fees,or combination of both are to be used only for the purpose of providing park
or recreational facilities to serve the subject subdivision. (§ 1, Ord. 232, eff. July 3, 1976;
§ 2, Ord. 429. eff. September 7, 2003)
Ordinance 572 Page 63
9-1.1404 Amount of real property to be dedicated for park and recreation.
The amount of real property to be dedicated shall be five (5) acres for each one thousand
(1,000) persons residing within the Town. For the purpose of this article the population density
shall be assumed as three and six-tenths(3.6) persons per dwelling unit.
(a) The basis for determining the total number of lots or parcels shall be the number of same
that appears on the approved or conditionally approved tentative map.
(b) The specific amount of real property to be dedicated in a given subdivision shall be
eighteen thousandths of an acre, or seven hundred eighty-four (784) square feet for every
lot or parcel that appears on the approved or conditionally approved tentative map. (§ 1,
Ord. 232, eff. July 3, 1976)
9-1.1405 Land credit toward park and recreation requirements for subdivisions of fifty lots
or fewer.
Land to be utilized for park and recreation purposes and reserved for the exclusive use of
the inhabitants, guests, employees or tenants of the subdivision shall be credited against the park
and recreation obligations as set forth in Section 9-1.1404,inclusive.
(a) Should the private park and recreation area exceed the requirements of Section 9-1.1404,
inclusive, no monetary compensation or land credit shall be given the subdivider by the
Town.
(b) Should the private park and recreation area fail to fulfill the requirements of Section 9-
1.1404 inclusive, the difference between the area utilized for private park and recreation
purposes and that required shall be satisfied by the payment of moneys. (§ 1,Ord. 232, eff.
July 3, 1976; § 2, Ord. 429, eff. September 7, 2003)
9-1.1406 Procedure for land credit for subdivisions of fifty lots or fewer.
The procedure for determining whether a subdivider shall be given credit for land which is
utilized for private park and recreation space to satisfy the requirements of Section 9-1.1404,
inclusive, shall be as follows:
(a) At the time of the filing of the tentative map for approval, the owner of the property shall
as part of such filing indicate whether he or she desires to reserve an area within the
subdivision for a private park or recreational area, or a combination of land dedication or
reservation and the payment of a fee, or the payment of a fee only, to satisfy the
requirements of Section 9-1.1404, inclusive.
(b) Whether the City Council approves the area reserved for private park and recreation use as
proposed by the subdivider shall be determined by their consideration of:
(1) The recommendation of the Planning Commission;
Ordinance 572 Page 64
(2) That the amount and location of land to be dedicated or reserved for private
recreation bears a reasonable relationship to the park and recreational needs of the
future inhabitants of the subdivision;
(3) That the topography, size, shape, geology, or access to the private park and
recreational area is of such portion and nature to allow for human utilization.
The determination of the City Council as to whether offers of private park and recreational space
shall be considered in whole or part for the fulfillment of the requirements of Section 9-1.1404,
inclusive, shall be final and conclusive. (§ 1, Ord. 232, eff. July 3, 1976; § 2, Ord. 429, eff.
September 7,2003)
9-1.1407 Procedure—Public park and recreation requirements for subdivisions of fifty-one
lots or more.
The procedure for determining whether the subdivider shall dedicate land, pay a fee, or
both, shall be as follows:
(a) At the time of the filing of the tentative map for approval, the owner of the property shall,
as a part of such filing,indicate whether he or she desires to dedicate property for park and
recreational purposes or whether he or she desires to pay a fee in lieu thereof. If he or she
desires to dedicate land for this purpose, he or she shall designate the area thereof on the
tentative map as submitted.
(1) On subdivisions involving fifty (50) lots or fewer, only the payment of fees shall
be required.
(b) Whether the City Council accepts the land dedication for park and recreation as proposed
by the subdivider shall be determined by their consideration of:
(1) The prerequisite that the subdivision is comprised of fifty-one(51)or more lots and
parcels;
(2) The recommendation of the Planning Commission;
(3) That the amount and location of land to be dedicated bears a reasonable relationship
to the use of the park and recreational facilities by the future inhabitants of the
subject subdivision;
(4) That the topography,size, shape,geology,or access to the dedicated land is of such
a nature as to allow for human utilization, including visual utilization;
(5) That the amount of land being offered for dedication fulfills the area obligation as
set forth in subsection (b) of Section 9-1.1404. If such park space is less than the
total park or recreational space obligation required, the subdivider shall pay the
Ordinance 572 Page 65
difference between the total amount of the required park and recreational fee less
the fair market value of the land dedicated for park and recreational space.
The determination of the Council as to whether land shall be dedicated or whether a fee shall be
charged,or a combination thereof,shall be final and conclusive.Should the City Council determine
that land shall be dedicated, they shall concurrently specify when development of the park or
recreational facilities will begin. (§ 1,Ord. 232, eff. July 3, 1976)
Article 15. Conditional Exceptions
9-1.1501 Commission recommendations.
The Planning Commission may recommend for Council approval conditional exceptions
from the provisions of this chapter when, in the opinion of the Planning Commission, undue
hardship may result from the strict compliance with the provisions of this chapter,and an exception
would not be contrary to the public interests. In making its findings, the Planning Commission
shall consider the existing land use of the area, the nature of the proposed use of the land, and the
effect on traffic conditions probable therefrom. However, no conditional exception shall be
recommended for Council approval unless the Planning Commission finds that:
(a) There are special circumstances or conditions affecting such property so that the strict
application of the provisions of this chapter would deprive the applicant of the reasonable
use of his or her land; and
(b) By granting the conditional exception applied for, any other landowner shall not be
deprived of the reasonable use of his or her land nor be subjected to undue burdens or
hardships or be deprived of any material use or enjoyment of his or her property. (§ 19,
Ord. 239, eff. January 4, 1978)
9-1.1502 City Council consideration and notices.
Upon the receipt of the recommendation for a conditional exception from the Commission,
the City Council shall, at its next available meeting, act upon the recommendation and either
approve, disapprove, or conditionally approve such recommendation.
Before any Council action is taken following the recommendation of the Planning Commission
for a conditional exception,the subdivider shall be notified 10 days in advance of the meeting and
intended action. Notice shall also be given to any person who appeared at the hearing of the
Planning Commission and filed with the City Clerk a request for such notice. (§ 19, Ord.239, eff.
January 4, 1978)
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further
ORDAIN as follows:
Ordinance 572 Page 66
Section 2. Severability. If any provision of this ordinance or the application thereof to any
person or circumstance is held invalid or unconstitutional, the remainder of this ordinance,
including the application of such part or provision to other persons or circumstances shall not be
affected thereby and shall continue in full force and effect.To this end,provisions of this ordinance
are severable.The City Council of the Town of Los Altos Hills hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Section 3. Effective Date; Publication.This ordinance shall take effect thirty(30)days after
adoption. Within fifteen days after the passage of this ordinance the City Clerk shall cause this
ordinance or a summary thereof to be published once, with the names of those City
Councilmembers voting for or against it in a newspaper of general circulation in the Town of Los
Altos Hills, as required by law.
INTRODUCED: November 16, 2018
PASSED: January 18, 2018
AYES: Mayor Radford, Mayor Pro Tern Spreen, Councilmember Corrigan,
Councilmember Waldeck, Councilmember Wu
NOES: None
ABSTENTIONS: None
ABSENT: None ,{,'%� r
BY:
�/ ayor
ATTEST
City Clerk
APPROVED AS TO FORM:
git
City Attorney
Ordinance 572 Page 67