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Home My WebLink AboutMarch 7OSC Final_Minutes17-0307.docx 1 Los Altos Hills Open Space Committee Los Altos Hills Parks and Recreation Building FINAL Minutes of Regular Meeting March 7, 2016 2017 Members and Associates Present: George Clifford, Richard Contreras, Nancy Couperus, Kit Gordon, Alice Sakamoto, Jean Struthers, Wendie Ward, Sue Welch (Members); Peter Brown, Karen Lemes (Associates) Members and Associates Absent: Sharen Schoendorf (Member); Sarah Fogarty (Associate) Council Liaison Present: Roger Spreen LAH Associate Planner present: Marnie Moseley Member of Public Present: Jiunn Benjamin Heng (Owner 25383 La Rena) Malika Junaid (Architect for 25383 La Rena) Kjell Karlsson (LAH Finance and Investment Committee) 1. Call to Order and Approval of Minutes A. Roll Call. NC called the meeting to order at 9:05 am. B. Acceptance of Meeting Minutes. KG moved to accept with minor amendments the minutes of the Feb 9, 2017 meeting. WW seconded and the vote was unanimously in favor (GC, RC, NC, KG, AS, JS, WW, SW). C. Announcements A. Schedule Change for Peninsula Watershed Forum Seminar. The meeting on Wildlife Connectivity featuring speakers from Pathways for Wildlife and Urban Wildlife Research has been rescheduled to April 24 (1-3 pm) at Peninsula Conservation Center, 321 East Bayshore Road, Palo Alto. B. OSC Annual Presentation to Council. KG reported the OSC annual report to Council has been rescheduled to November 2017. C. Sudden Oak Death Testing (SOD BLITZ). SW reported this annual event is scheduled for Sunday, April 30 at 10:30 AM at Town Hall. OS members are encouraged to participate. 2. New Business A. 25383 La Rena Property Re-Review. OSC reviewed this development in Nov 2016 with a recommendation to dedicate an open space easement (OSE) along the western border 25-feet from top of bank extending up the steeply sloped area to include the pine grove, then along the 384 contour line to the eastern edge of the property. The developers (owner Jiunn Benjamin Heng and architect Malika Junaid) are requesting to exclude the sloped area and limit the OSE to only 25 feet from top of bank. The steep slope in the proposed OSE is engineered, not natural and only pines (which may have to be removed) are growing there. After lengthy discussion, GC moved that OSC modify the recommendation to protect the creek with an open space easement 25-feet from top of bank, but not include the sloped area. NC seconded. After further discussion about the need for open space connectivity in the area, GC amended the motion to recommend to 1) limit protect the creek with an open space easement and a riparian set-back easement 25-feet from top of bank along the western border of the parcel; 2) not to include the sloped area in the OSE; and 3) to include a 25-ft 20-ft OSE along the northern border to provide connectivity to the adjacent area. NC seconded and the vote was unanimously in favor (GC, RC, NC, KG, AS, JS, WW, SW). B. Tree Ordinance Proposed by EDPC. NC distributed a draft of a proposed tree ordinance prepared by Environmental Design and Protection Committee (Attachment A). The purpose of the ordinance is to protect significant trees other than Heritage oaks and other legally designated heritage trees, which are the only trees protected by LAH ordinances. EDPC proposes making this a joint proposal from EDPC and OSC. The proposal includes hiring a Town arborist to review projects and represent the Town’s interests. OSC members were asked to review the draft, send edits to EDPC, and be prepared to discuss at the April OSC meeting. C. Fence Guidelines Near Waterways. LAH fence ordinance does not include specific prohibitions regarding fencing around creeks, drainage swales, and other waterways. NC and KG will consult with Planning Staff and Planning Commissioner Susan Mandel. It was also noted that code and GP contain no specific description or definition of “wildlife-friendly fencing”. OSC Final_Minutes17-0307.docx 2 3. Continuing Business A. Byrne Preserve Grassroots Ecology Update. GrE continues invasive plant removal, native plantings, and restoration work on Moody Creek in Byrne OSP. Special group volunteer workdays were held and Byrne Brigade workdays will be held every Monday in March (including a session in Juan Prada Mesa OSP). Work has focused on removal of teasel, poison hemlock, milk thistle, and purple star thistle. Bioengineered willow dams installed in December performed well in recent storms and additional willows were installed in other erosion areas. SW circulated photos (Attachment B) of the new fence Town crew installed to protect the restoration area in the floodplain. The crew also installed a larger diameter culvert for the Moody Creek tributary flowing under the trail adjacent to the floodplain and added additional material (gravel/DG) to improve the trail surface in that area. B. Our Town Articles. OSC discussed proposed articles for the town newsletter: i) Animal Services. AS will author in future ii) Invasive plants. Planned for future; KG will author. iii) Dr Albert Byrne. Planned for future publication C. Subdivision Ordinance Update. KG distributed proposed edits to the administrative draft posted on the Town web site (Attachment C) and queries for OSC consideration. Discussion included comment about state law requiring the update; modifications to the Purposes and objectives section; the role and composition of the subdivision committee (should include member of OSC, EDPC, Pathways committees?); definitions for types of easements (including “open space easements” and “buffer easement”); reference to “hillside subdivision”; requirements for subdivision maps; and other issues. Members should review for discussion at the April meeting. OSC appointed a subcommittee (volunteers KG, PB, and SW. D. OSC Charter Review. Mayor Waldeck requested all committees to review their charters for consistency with the General Plan; OSC revised their charter at the Feb meeting. Members will review relevant elements of the GP for discussion at the April 2017 meeting. 4. Planning A. Fence Permit Reviews. AS reviewed fence plans for 13385 Country Way (addition of side fence to existing fence) and 25623 Elena Road (full perimeter fence). No actionable open space issues were identified. B. OSC Site Reviews and Recommendations for Development Projects. i) 12815 Deer Creek Lane (Lands of Chan; APN 175-43-047; subdivision). OSC reviewed this 2-lot subdivision at Jan 2017 meeting. GC will submit OSC recommendations to KG to send to planner. ii) 14414 Saddle Mountain Road (Lands of Prakash and Nisha; APN 182-07-014; #242-16-ZP-SD). Development plans do not include a topo map of the entire lot. OSC needs to review the large open slope on the lower (north) portion. KG will request maps. iii) 26140 Robb Road (Lands of Five Seasons Partners; APN 175-23-049; #15-17-ZP-SD-GD). OSC reviewed this development last month and found no OSC recommendations were needed. iv) 27201 West Fremont Road. (KG) Parcel has a tributary of Barron Creek. KG volunteered to make a site visit and prepare a draft OSC recommendation send document of creek to staff. 5. Open Discussion. A. Gardening in O’Keefe. KL, who is an associate member of LAH Parks and Recreation Committee, reported that in spite of OSC opposition, Parks and Recreation Committee is still pursuing installation of an organic garden in O’Keefe Open Space Preserve. KG reported she has sent them contact numbers of two private parties who are willing to lease their land for a garden. OS should clarify whether agriculture activities are permitted in open space preserves. B. Note of Thanks for Fence. KG will write a note of thanks from OSC to Allen Chen and Carl Cahill commending the Town work crew on their professional installation of the wildlife friendly fence along the flood plain in Byrne Preserve. She will include photos from today’s meeting. C. Committee Term Limits. At the Feb 28, 2017 Council meeting, Council approved term limits for members of standing committees. The final draft will be on the consent calendar at the Mar 8, 2017 Council meeting. OSC Final_Minutes17-0307.docx 3 D. LAH Broom Pull. KG suggested OSC organize a volunteer work session to remove invasive broom from selected areas of Town (e.g. open space and private lands). E. Weeding at 4H Pasture. NC is soliciting volunteers to help weed the 4H area of WWB on Saturday April 1, 9:00 am to noon. F. Nextdoor postings on rodent exclusion and invasive pest plants. KG reported a good response to the OSC article she wrote and posted on Nextdoor about the dangers of using rodenticides. G. Move meeting date for April OSC meeting. A Special OSC meeting will be held Thursday April 6, 2017 as some members have conflicts for the usual meeting date on the second Thursday of the month. 6. Communications from the Floor. None 7. Adjournment. The meeting was adjourned at 11:10am. Next Regular Meeting: Thursday, April 6, 2017 9:00 AM at LAH Parks and Recreation Building Attachment A: Draft EDPC Committee Tree Ordinance Attachment B: Photos of new fence along Moody Creek flood plain in Byrne Preserve Attachment C: KG edits to Administrative Draft of Subdivision Ordinance Final minutes approved with amendments (red) at the Regular Open Space Committee meeting of Apr 6, 2017. Draft Memo to: Los Altos Hills Town Council From: The Environmental Design & Protection Committee Subject: Extending the Heritage Oak definition to all Trees & Consolidating our Current Tree Ordinances Background for Request: In the Town’s earlier years, the Subdivision Division Ordinance defined the protection of trees. Its emphasis was on Oak Woodlands and orchards trees, as it still is today. As more individual properties were being developed, the Town decided to further protect the Heritage Oak Trees and passed the current Heritage Oaks Ordinance that protect all Heritage Oaks of 12 inches in diameter or 36 inches in circumference making reference to heritage trees but without a specific definition. Other documents refer to heritage, significant or mature trees, again with no definition. In the last 5 to 10 years, with an increase in redevelopment of properties, the only trees that are protected are Heritage Oaks. Many trees that are being removed are trees that would be classified as heritage, significant, or mature and yet there is no formal protection available for these trees. These trees are of great importance, as many of these trees provide screening for the adjacent properties and contribute to the ambience of the neighborhood as well as the Town. The Request: The Environmental Design Committee is joined by the Open Space Committee in requesting that we extend the Heritage Oaks Ordinance to include all heritage, significant and mature trees that are 12 inches in diameter or 36 inches in circumference. Also to be included are trees of multiple trucks. Certain trees would be named as exempt. We also request that we develop an independent Tree Ordinance that consolidates all mention of the trees throughout our ordinances. We base this request on the Conservation Element of the General Plan Goal 2 - Protect native and naturalized trees and plants.  Policy 2.3: Preserve and protect Heritage Trees, including native oaks and other significant trees on public and private properties.  Program 2.4: Continue to refer site development applications to the Environmental Design and Protection Committee and Open Space Committee for review and comment. Also the Land Use Element of the General Plan states:  Program 2.3 Encourage the preservation of existing trees, rock outcropping, ridgelines and other significant natural features. Timing: We now have a Planning Staff that is familiar with the drafting of a Tree Ordinance for Los Gatos, which included the hiring of a consulting arborist. The Process: If we receive Council’s support to proceed with extending our current Heritage Oak to other trees of like dimensions, with the possible inclusion of additional goalsl (Appendix A), the necessary steps to be taken would include:  Selection of a consulting arborist  Input from staff and the appropriate committees  Drafting of the ordinance  Review by staff and the appropriate committees prior to submission to the Planning Commission  Planning Commission’s review and recommendation to Council  Council’s review and approval. We hope you will support our efforts and protect our Town’s trees. Sincerely, The Environment Design & Protection Committee Carol Gottlieb, Chair Appendix A ADDITIONAL GOALS that might be incorporated into the comprehensive ordinance: (1) Consolidation under the new ordinances sections of existing ordinances that pertain to trees. (2) Consideration for retaining a Town arborist, as we do a Town geologist (3) Stricter rules to control clear cutting trees prior to applicants submitting Site Development applications and Tenant Subdivision Maps (4) Revising the Subdivision Ordinance to reflect changes made to the Heritage Oak Tree Ordinance. (5) Landscape Screening Plans to include all trees not marked for removal and these trees shall be part of Landscape Screening Design and thus subject to the same requirements. (6) A tree replacement plan for all trees that are cut down due to disease or species. Open Space Committee   Mar 7, 2017: Photos of  Grassroots Ecology work in  Byrne Preserve                        Removal of paddocks  along creek and new fence  installed by Town       Mar 4, 2017  Western bluebirds enjoying  the new fence                                                                                                      Native Iris Leaf Rush  returning to floodplain  Mar 4, 2017    Old culvert over Moody Creek   Feb 22, 2017                                                                  Grassroots Ecology volunteer  work group bioengineering  with willows   Moody Creek   Feb 22, 2017  Buckeye sprout from seed  Moody Creek   Feb 15, 2017  Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 1 DRAFT TITLE 9 – SUBDIVISIONS AND PLAN LINES Chapter 1 SUBDIVISIONS Article 1. Title, Purposes and Objectives 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 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, and 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; (f) To protect the community against excessive stormwater runoff, soil erosion, earth movement, flooding, earthquake, and other geological hazards; (Do we want to add more here?) (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; Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 2 DRAFT (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; (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 total open space(?) environment of the Town; Are street rights-of- way open space easements or have limited planting palettes? Perhaps cross out "space." (l) 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 § 1, 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 Chapter 5 (this does not exist…not sure if this should be Article 5?) of Title 9 of the Town Municipal Code. Terms defined neither in this article nor in said Chapter 5, Title 9, 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. Advisory agency means the official body charged with the duty of making investigations and reports on the design and improvements of proposed divisions of land. The advisory agency Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 3 DRAFT shall report its investigations and actions directly to the City Council. The Planning Commission is designated as the official body for making such reports and investigations to the City Council. 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. (Match definition in Zoning…..or vise/versa?) 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. (Match definition in Zoning…..or vise/versa?) Average parcel slope means the value S, in percent, computed in accordance with subsection (b)(3) of Section 9-4.604. (9-1.604) (Match definition in Zoning…..or vise/versa?) 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. 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 are capable of use or sale without further proceedings under this title. City means the Town of Los Altos Hills. City Clerk means the City Clerk of the City Town of Los Altos Hills acting either directly or through properly authorized agents, such agent acting within the scope of the particular duties entrusted to the same. City Engineer means the City Engineer or Public Works Director of the City Town of Los Altos Hills. City Geologist means the registered geologist retained by the City. City Planner means the planner Planning Director or Community Development Director of the City Town of Los Altos Hills. City standards mean the specifications and standard drawings of the City Town of Los Altos Hills for design and construction of improvements, which specifications and drawings have been approved by the City Council. Commission or Planning Commission means the Planning Commission of the City Town of Los Altos Hills. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 4 DRAFT (Should we move this next definition to the easement definition section?Yes.) Conservation/Open Space Easement means a portion of land reserved for the express purpose of protecting the natural vegetation, terrain, watercourses, and wildlife; and for the purpose of preventing or limiting drainage and erosion problems. No primary or secondary dwelling shall be permitted in such an easement. Accessory structures and activities within a conservation easement shall be determined by the Planning Commission and affirmed by the City Council (shall we change to Open Space Committee recommendation?). The subdivider shall execute an deed Agreement for Open Space Easement to the City for all lands within the conservation/open space easement complete with conditions germane to accessory structures and activities as determined by the City Council Open Space Committee. Council or City Council means the City Council of the City Town of Los Altos Hills. Design means: (a) Street alignment, grades and widths; (b) Alignment and width of easements and rights-of-way for drainage and sanitary facilities and utilities; (c) Location and size of all required easements and rights-of-way; (d) Fire roads and firebreaks; (e) Lot size, configuration, areas and width; (f) Traffic access; (g) Grading; (h) Land to be dedicated for park and recreational purposes, if any; (i) Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the General Plan of the City and its elements, or any specific plan adopted pursuant to Article 8, commencing with Section 65450, of Chapter 3, of Division 1, of the Government Code. Director of Public Works means the Director of Public Works of the City. Driveway means a private minor vehicular right-of-way, other than a street or alley, the primary function of which is to provide access to two (2) or fewer lots from a street. 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, reduce light pollution emanating from subdivider, protect views between existing neighbors and subdivider, or for any other reasons as may be determined by the Planning Commission and affirmed by the City Council. (Insert Easement,Conservation/Open Space definition here?) Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 5 DRAFT Easement, Conservation. Conservation easement is a portion of land voluntarily dedicated for the protection of land in its natural, scenic, historical, agricultural, forested, or open space condition in perpetuity. Refer to General Plan for Conservation Easement definition. Easement, Open Space. Open Space easement is a portion of land reserved for the express purpose of protecting the natural vegetation, terrain, watercourses and wildlife habitat; and for the purpose of preventing or limiting drainage and erosion problems including landslides. Sloped areas of 30% and greater, watercourses, swales, drainage areas, heritage oak woodlands, special status habitats and wildlife corridors may be required areas for open space easements. Special attention should be paid to wildlife habitats, corridors and connectivity prior to subdividing undeveloped land. The subdivider shall execute an deed Agreement for Open Space Easement to the City for all lands within the open space easement complete with conditions germane to accessory structures and activities as determined by the City Council Open Space Committee. Refer to General Plan for Open Space Easement definition. 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 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. Fire Official or Fire Department means the Fire Official and/or Department of the Los Altos Hills County Fire Protection District. Foundation Design, Daylight. Daylight foundation design means a foundation design which results in the establishment of habitable, storage, or vehicular space within, or immediately adjacent to a structure that is totally or partially at a lower elevation than the natural contour(s) of the site. (a) Said foundation design shall include a masonry wall or walls of alternately approved material, which range from approximately oblique to parallel to the native contours for the retention of native or near native contours that shall abut them. Formatted: Font color: Auto Formatted: Font color: Auto Formatted: Font color: Auto Formatted: Font color: Auto Formatted: Font color: Auto Formatted: Font color: Auto, Not Highlight Formatted: Font color: Auto Formatted: Font color: Auto, Not Highlight Formatted: Font color: Auto Formatted: Font color: Auto, Not Highlight Formatted: Font color: Auto Formatted: Font color: Auto Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 6 DRAFT (b) Said foundation design shall include masonry walls or walls of alternately approved material, which range from oblique to perpendicular to contour so that the approximate native contours can be reestablished on the downhill sides of the structure upon its completion. Foundation Design, Pole. Pole foundation design means a foundation design which supports the main structure from the earth via the use of wooden poles or other similarly approved pole devices. The installation of this foundation design type shall result in little if any alteration of the natural contours of the building site, and shall also result in an air space beneath the lowest floor level which is unenclosed. Foundation Design, Step-On-Contour. (a) Step-on-contour foundation design means a foundation design which results in the first floor levels of a structure being of different elevation. Said differences in elevations shall correspond approximately to the differences in elevations of the native contours of the building site. (b) The difference in finished floor elevations shall be a minimum of twenty-one (21) inches unless otherwise approved by the Site Development Committee at the time of the site development review. Frontage means that portion of the length of a single parcel or lot which abuts public or private road rights-of-way (Match definition in Zoning…..or vise/versa?). General Plan means the General Plan and its elements of the Town, adopted by Resolution No. 745, effective January 2, 1974, and any amendment thereto, or any General Plan adopted subsequent to the adoption of this chapter. 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 Officer 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. Hillside subdivision means one where the average percent slope of the natural ground within the subdivision is fifteen (15) percent or more. Do we need this definition? Improvements, Utility, Street, or Other. Utility, street, or other improvements mean: (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 Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 7 DRAFT 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 City 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, of Chapter 3, of Division 1, of the Government Code. 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. 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 in and around it, and need not be based upon an accurate or detailed or final survey of the property; (Should we place Vesting Tentative Map in this section?) (c) Parcel map means a map prepared in accordance with the provisions of this chapter and of the Subdivision Map Act and which map is designed to be placed on record in the office of the County Recorder. “Parcel map” and “final map” mean the same; (d) Final 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. “Final map” and “parcel map” mean the same. May means an action which is permissive. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 8 DRAFT 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 Section 9-1.235 (This section does not exist) held in one ownership as indicated in the records of the County Recorder. Person means and includes any person, firm, partnership, association, corporation, business trust, city, county, local agency, district, state or federal government, or any branch, district, or division thereof, exclusive of the City. Public area green means any portion of land within a subdivision which is reserved for the mutual use of all lots or parcels contained in the same subdivision. The uses permitted within a public green area shall be determined by the Planning Commission and affirmed by the City Council. 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. Road means a way for vehicular traffic, whether designated as a road, lane, street, avenue, way, place, drive, cul-de-sac, thoroughfare, or otherwise. Road, Arterial. Arterial road means roads which provide through traffic movement between areas and across the City, subject to the necessary control of entrances, exits, and roadside use. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 9 DRAFT Road, Collector. Collector road means a road which, because of its design and location, is intermediate in importance between a local road and either a major or secondary thoroughfare with respect to other roads and other sources of traffic, and has the purpose of collecting local traffic and carrying it to a thoroughfare. 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, Hillside Arterial. Hillside arterial road means roads which provide through traffic movement between areas and across the City subject to the necessary control of entrances, exits, and roadside use, and which traverse terrain where the average grade exceeds fifteen (15) percent. Do we need any of these references to "Hiilside'? I don't think it is important or useful. Road, Hillside Collector. Hillside collector road means a road which, because of its design and location with respect to other roads and other sources of traffic, is used to carry traffic from local roads to secondary and major roads, and which traverses terrain where the average grade exceeds fifteen (15) percent. Road, Hillside Cul-de-Sac. Hillside 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 turning around of vehicular traffic. Said road traverses terrain where the average grade exceeds fifteen (15) percent slope. Road, Hillside Local. Hillside local road means a road which, because of its design and location with respect to other roads, is used primarily for access to the abutting property and which traverses terrain where the average grade exceeds fifteen (15) percent slope. 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 one two or more lots or parcels which do not have frontage on a public street. (Eliminate any conflict with the definition for a driveway in Zoning) Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 10 DRAFT Road, Public. Public road means a road dedicated to and maintained by the City, the County, or the State, including roads offered for dedication to the City which have been improved, or for which an improvement security is in effect to improve the same. The term includes “city road,” “accepted road,” “accepted public road,” and “dedicated road.” Roadway means that portion of a right-of-way for a road intended to accommodate the movement of vehicles. Shall means an action which is mandatory. Standard specifications mean such improvement plans and specifications as prepared by the City Engineer, recommended by the Planning Commission, and affirmed by the City Council by resolution. Street means 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. The word “street” shall be considered the same as the word “road” and the definition thereof as described in Section 9-1.247 (Section does not exist). Subdivider means any individual, firm, association, syndicate, copartnership, 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. (a) Subdivision means and includes the division, by any subdivider, 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, by the subdivider. A subdivision includes all divisions of land which are excluded from the definition of subdivision in Section 65436 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. Does this/should this ordinance allow for someone to divide property in order to create dedicated open space area? (b) Land shall be considered to be divided by either: (1) The filing of a final map or parcel map showing division into lots or parcels; or (2) The sale, contract of sale, lease, transfer, or other conveyance of any portion of a unit or contiguous units in one ownership as shown on the Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 11 DRAFT latest equalized Santa Clara County assessment roll, regardless of the manner of land description and when purchased; or (3) The recording with the Recorder of Santa Clara County of a parcel map, final subdivision map or legal description of a parcel less than the whole as shown on such latest equalized Santa Clara County assessment roll; or (4) Any other separation of land into legally discernible parcels. (c) Property shall be considered as contiguous units even if it is separated by roads, streets, or easements. Any conveyance of land to a governmental agency, public agency, or public utility, shall not be considered a division of land for purposes of computing the number or size of parcels. (d) Adjacent parcels, though purchased at the same time or at different times, shall be considered as contiguous parcels and shall not be offered for sale, lease, or exchange without first recording a final subdivision map or parcel map. Subdivision Committee means a committee composed of the following persons or their designated representatives: the City Engineer and the City Planner Planning Director, employees of the Town, and one member of the Planning Commission, as from time to time designated by the Chairperson of that Commission. Are we proposing a subdivision committee? It should contain a member from Open Space Committee, Environmental Design and Protection and Pathway, perhaps History Committee. What authority does the committee have? Will topics have a chance to be discussed in respective Committee? Water District means the Santa Clara Valley Water District. (§ 2:10A—K, Ord. 180; §§ 2,3, Ord. 221, eff. March 1, 1975; § 1, Ord. 232, eff. July 3, 1976; §§ 3—7, Ord. 239, eff. January 4, 1978; § 1, Ord. 251) Doesn't the water retailer also need to be involved to confirm water resources are available. Purissima Hills Water District and California Water Service are the two retailers for our Town. 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 § 1, 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 Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 12 DRAFT 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 § 1, Ord. 232, eff. July 3, 1976) 9-1.303 Issuance of conflicting permits. 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 authorized City Town official 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 applicant therefor was the owner of the real property at the time of such violation or whether the applicant therefor 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 authorized City 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 resident residence and is not to be used for such purpose. Whenever a waiver is granted pursuant to the provisions of this section, the waiver shall be upon the condition that the instrument creating the division of itself does not qualify as a buildable lot under the provisions of this chapter (We may need to clarify this term). (§ 3:40, Ord. 180, as amended by § 1, Ord. 232, eff. July 3, 1976) 9-1.306 Acts prohibited—Sale of lots. (a) No person shall sell, lease or finance any parcel of real property or commence construction of any building for sale, lease, or financing thereon, except for model homes, 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 chapter or any Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 13 DRAFT local ordinance, has been filed for record by the Recorder of the County of which any portion of the subdivision is located. (b) Nothing contained in subdivision (a) 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 on the approval and filing of a final subdivision map or parcel map, as required under this chapter. (§ 3:50, Ord. 180, as amended by § 1, Ord. 232, eff. July 3, 1976; § 1, Ord. 409, eff. October 7, 2000) 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 of 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 this chapter 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) 9-1.309 Recording of violations. 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 filed for record with the County Recorder a notice of violation, describing the real property in detail, naming the owners thereof, and describing the violation(s). Such notice, when recorded, shall be deemed to be constructive notice of the violation to all successions in interest in such property. If a division of real property is subsequently approved, the City Manager shall Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 14 DRAFT record a notice that the violation has closed. Nothing in this section shall be deemed to require such recording as a condition precedent to the enforceability of any other provisions of this chapter. cause to be mailed by certified mail to the then 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 Merginger of nonconforming parcels not conforming to minimum parcel or lot size standards. If one of two or more contiguous parcels or units of land in the City owned by the same owner does not conform to standards for minimum parcel or lot size to permit its use or development under the zoning law of the City or this chapter or any other provision of the Municipal Code or any uncodified ordinance of the City, and at least one of such contiguous parcels or units is not developed with a building for which a permit has been issued by the City or which was built prior to the time such permits were required by the City, then such parcels shall be merged for the purpose of the Subdivision Map Act of the State, and specifically Section 66424.2 of the Government Code of California. (§ 1, Ord. 250) The Town (shall…may?) require the merger of a parcel or unit of land with a contiguous parcel or unit of land 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 of land, 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 Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 15 DRAFT (1) Comprises less than 5,000??(or less than an acre?) square feet in area at the time of the determination of merger. (2) Was not created in compliance with applicable laws and ordinances in effect at the time of its creation. (3) Does not meet current standards for sewage disposal and domestic water supply. (4) Does not meet slope stability standards. (5) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability. (6) Its development would create health or safety hazards. (7) Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards. (Note: The Subdivision Map Act allows the Town to establish the standards specified in paragraphs (3) to (7), inclusive, which shall be applicable to parcels to be merged. We should discuss what standards we want to include in this section) 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 notice of intention to determine status is recorded. 9-1.311 Notice of intended merger. Whenever the Community Development 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 Community Development Director to initiate proceedings under this Article, the Director shall cause to be mailed by certified mail to the then current 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 this Article, 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 for record in the office of the County Recorder on the date such 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 Community Development 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 Planning Commission and shall so notify the property owner by certified mail. The hearing shall be conducted not less than sixty days Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 16 DRAFT following the Director's receipt of the property owner's request therefor, but may be postponed or continued with the mutual consent of the Planning Commission and the property owner. 9-1.313 Action by Planning Commission. (a) At the hearing conducted by the Planning Commission 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 of this Article. Upon the conclusion of such hearing, the Planning Commission shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the property owner of its determination. A determination of nonmerger may be made by the Planning Commission whether or not the affected property meets the standards for merger specified in Section 9-1.310 of this Article. (b) The action by the Planning Commission may be appealed to the City Council in accordance with the procedure set forth in Section 9-1.1001. (c) A final determination and notice of merger by the Planning Commission or the City Council on appeal shall be recorded in the office of the County Recorder within thirty 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 day period specified in Section 9-1.312, the owner does not file a request for a hearing, the Planning Commission 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(c) no later than ninety days following the mailing of notice required by Section 9-1.311. 9-1.315 Release of notice of intended merger. If the Planning Commission, or the City Council on appeal, 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 Planning Commission, or the City Council on appeal, 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(c). 9-1.317 Certificate of Compliance procedures – City Council approval required. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 17 DRAFT Any person owning real property or a vendee of that person pursuant to a contract of sale of the real property may request whether the real property complies with the provisions of the Subdivision Map Act and this chapter. If the City Council determines that the real property complies, then the City Council shall approve conditionally approve or deny each application for issuance of a certificate of compliance with the provisions of the Subdivision Map Act of the State of California, and this chapter, which is filed with the City pursuant to Section 66499.35 of the Government Code of California. the Certificate of Compliance and cause it to be filed for record with the Santa Clara County Recorder. The certificate of compliance shall identify the real property and shall state that the division of the real property complies with applicable provisions of the Subdivision Map Act and this chapter. The City Council, by resolution, may establish a fee to be paid by each person filing such an application. 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, except that where 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. 9-1.318 Certificate of Compliance required information. Each application for a Certificate of Compliance shall include the following: (1) An application form signed by all legal owners of the parcel(s); (2) The Assessor Parcel Number and number of parcels for which the certificate of compliance is being requested; (3) A legal description of the parcel or parcels for which the certificate of compliance is being requested; (4) A site plan drawn to scale which shows all buildings, structures, wells, leach fields, designated leach field expansion areas, septic tanks, driveways, access easements, property lines, parking areas and parcel sizes; Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 18 DRAFT (5) A map which shows all surrounding properties with property owner’s names indicated for each parcel; (6) A chain of title guarantee: This is a chronological listing of the recorded property transactions prepared by a title company, survey firm, or the applicant who must certify under penalty of perjury that it is complete. The chain of title lists all boundary adjustments affecting the subject property, beginning prior to the date of creation of the subject property's boundaries and continuing to the date of application. Each notation must include a recorded document number, a recording date, a grantor and grantee, and a brief description of all the parcels affected. (7) A copy of each document listed in the chain of title. (8) Other information or documentation as may be required by the Town at a later date if it is deemed necessary to process the application. 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; (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 Act or 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. 9-1.319 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. 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 Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 19 DRAFT 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. 9-1.320 Lot Line Adjustment required information. The applicant shall submit ten (10) copies of a scale drawing showing the proposed lot line adjustment, prepared by a registered civil engineer or land surveyor. Such drawing shall have a dimension of not less than twenty-four (24) inches by thirty-six (36) inches. The drawing shall contain, or shall be accompanied by, the following information: (a) The existing lot lines of all properties which are the subject of the lot line adjustment and the name of any existing recorded maps applicable to such properties, the date of recording such maps, and the book and page of the official records where such maps are recorded; (b) The proposed lot lines and the dimensions of the lots as reconfigured by the lot line adjustment, including frontage, width, depth and area in square feet; (c) Date of preparation, north point and scale; (d) A key map showing adjacent contiguous property on all sides, giving location, names and widths of adjacent rights-of-way; (e) Name and address of record owners of all properties which are the subject of the lot line adjustment and the name and address of the civil engineer or land surveyor who prepared the drawing; (f) Locations, names, widths, centerline radii and centerline slopes of all streets within or adjacent to the subject properties; (g) Existing contours of the subject properties, expressed in intervals of five feet, together with a calculation of the average slope of each property, as determined in accordance with Section 9-1.604 of this chapter and the Lot Unit Factor of each property; (h) Location and description of all existing buildings and structures upon the subject properties; (i) Location and character of all existing easements; (j) Existing use or uses and zoning classification of each property having a lot line to be adjusted; (k) Location of all creeks, streams, drainages and other watercourses, showing top of existing banks and creek depth; (l) A certification from the owner of each affected parcel documenting ownership of the parcel and certifying owner's right to authorize the lot line adjustment. Said certification shall attach a preliminary title report or comparable document issued within ten days from the date of filing the application by a reputable title company doing business in the County and showing all parties having any interest in the subject properties; Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 20 DRAFT (m) A mailing list with the owners of each property within five hundred (500) feet of the boundary of the proposed lot line adjustment, with said notices addressed to the owner as noted on the last equalized tax assessment roll; (n) In addition to the foregoing, the Planning Director may require the applicant to submit such additional documents, information and materials as he or she deems necessary for the review, processing and evaluation of the proposed lot line adjustment. If any such additional documents, information or materials are required, the Planning Director shall so advise the applicant in writing within thirty days from the filing of the application. 9-1.321 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. 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 County Health Department, 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 Subdivision Committee meeting. Ten (10) days prior to the scheduled meeting, 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 Subdivision Committee meeting, 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 subdivider or his or her representative at the time of submittal of the subdivision application. The Subdivision Committee shall be the approving body for lot line adjustments and shall review the lot line adjustment for conformance with the general plan, zoning and building ordinances, and the provisions of this chapter. The Subdivision Committee may require others to be present at the Subdivision Committee meeting, should their knowledge and/or skills be required. Article 4. Preliminary Maps and Conferences 9-1.401 Purpose of preliminary map. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 21 DRAFT 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 CityTown into two or more parcels shall use the procedures as set forth in this article, except as set forth in Sections 9-1.403 and 9-1.404. 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 Maps—Preparation—Exceptions—Transfers of land between adjacent property owners. Where land is to be transferred between adjacent property owners for the purpose of enhancing the usefulness of one or both of the adjacent parcels and will not result in a transfer of land that will increase the potential number of lots that might be subdivided, the provisions of this article shall be complied with; however, the filing of a preliminary map may be waived by joint concurrence of the City Planner Planning Director and City Engineer, and a tentative map may be submitted upon said waiver. (§ 4:20, Ord. 180, as amended by: § 4, Ord. 221, eff. March 1, 1975: § 1 (part). Ord. 232, eff. July 3, 1976) 9-1.404 Maps—Preparation—Four lots or fewer. (a) Wherever the division of land shall create four (4) lots or fewer, including parcels that can be further subdivided, which meet the requirements of subsection (b) of this section, the requirements of a preliminary map and conference may be waived jointly by the City Planner Planning Director and City Engineer after considering recommendations by Open Space Committee and Environmental Design and Protection Committee, and a tentative parcel map, as set forth in Article V 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. (b) Exceptions. The proposed lots shall meet the following requirements: the proposed lots face on an existing and improved road, complying with the requirements of this chapter and Town standards; no new roads or road improvements are needed or required to provide access to the proposed lots: and only dedication of rights-of-way are required to existing roadways, including widening to public use as needed to serve the proposed lots. (§ 4:25, Ord. 180, as amended by § 1, Ord. 232, eff. July 3, 1976) 9-1.405 Maps—Preparation—Exceptions—Public utility sites. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 22 DRAFT Where a public utility company or district possessing the power of eminent domain proposes to divide land for the purpose of creating a site for a facility for such company, the provisions of this article shall be complied with; provided, however, the filing of a preliminary map and accompanying procedures may be waived jointly by the City Planner Planning Director and City Engineer. The utility company or districts shall submit maps and other information sufficient to describe the essential features of the lands involved and the proposed utility site or use proposed. (§ 4:30, Ord. 180, as amended by § 1, Ord. 232, eff. July 3, 1976) 9-1.406 Preliminary maps—Required information. (a) Prior to the submission of a tentative map, the subdivider shall submit to the Town a preliminary map, except as noted in Sections 9-1.403 and 9-1.404(b), and 9-1.405, showing the information set forth in this section and such other information the subdivider deems sufficient to describe the essential features of the property and the proposed or contemplated uses and the design of the development. A minimum of eight (8) copies of the preliminary map shall be submitted in a minimum of eight (8) copies to the Planning Secretary Director or his or her authorized representative, and shall be accompanied by the required fees and deposits as prescribed by the latest resolution of the City Council. (b) Scales shall be as determined by the following table: Area in Acres Scale of Maps From To 0 1.99 l″ = 20′ 2.00 9.99 1″ = 40′ 10.00 19.99 1″ = 50′ 20.00+ 1″ = 100′ Scales for irregular or odd-shaped parcels shall be as determined by the City Engineer. (c) The preliminary map shall contain the following information: (1) The tract name, if determined; (2) The date of preparation of the map; (3) The north arrow; (4) The scale; (5) The names, addresses, and telephone numbers of the record owners and subdividers; (6) The name, address and telephone number of the person or firm who prepared the map; (7) Vicinity map; (8) Name of owner(s) and amount of acreage of adjacent properties; (9) Adjacent existing and proposed subdivision; (10) Streets within three hundred (300) feet of the proposed subdivision; Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 23 DRAFT (11) Perimeter boundary line to scale; (12) Unusual features of terrain, such as rock outcrops, tree masses, swales, watercourses, landslides, and drainages, natural and built, in and adjacent to the proposed subdivision; (13) Statement of existing and proposed public utilities, including gas, electric, telephone, and sanitary sewer and water facilities, and the distance to the nearest sanitary sewer main line; (14) The appropriate contour lines, contour intervals and the source of contour information An accurate topographic survey of the land to be subdivided, with existing contours, at intervals of five (5) feet where the grade of any part of the subdivision exceeds ten (10) percent. With grades less than ten (10) percent, the contour interval shall be two (2) feet or one foot where necessary, to describe the area. The survey shall be based on an adopted Town Bench Mark; (15) The slope density calculations; (16) Slope density exhibit showing areas where the average slopes exceed 10%, 20%, 30% and 40%; (17) Approximate number and location of lots; (18) The approximate location of existing streets, rights-of-way, grades, and pavement widths; (19) The approximate location of proposed streets, rights-of-way, grades, and pavement widths; (20) Lot size, width and depth; (21) Area of proposed lots or parcels to the nearest one-tenth of an acre; (22) Acreage of the proposed subdivision to the nearest one-tenth of an acre; (23) Existing and proposed trails and pathways, for equestrians, pedestrians and bicyclists; pathway easements both in and adjacent to property; (24) Proposed and existing conservation and open space easements both in and adjacent to property;; (25) Proposed and existing areas for public use(s); (26) Location of existing structures, driveways, pools, hardscape, retaining walls, septic tanks, leach fields, wells, drains, channels, and other water producing or carrying facilities within the subdivision; (27) Location of existing native and ornamental trees, including outline areas of species of orchard trees; Location of heritage trees and other mature trees.; and, in addition, shall contain such information as may from time to time be required for preliminary maps by resolution, or order of the Planning Commission. Trees in concentrated areas shall be appropriately marked on the said map, and shall be matched with a corresponding legend indicator. Trees to be removed shall be appropriately marked by a symbol set forth in the legend; and (28) A mailing list with the owners of each property within five hundred (500) feet of the boundary of the proposed lot line adjustment, with said notices addressed to the owner as noted on the last equalized tax assessment roll (29) Earthquake faults (30) Utility easements both in and adjacent to property Formatted: Not Highlight Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 24 DRAFT (31) Open Space Conservation Area (per Town map...) (31) Areas of special soil classification importance, such as fill, unstable soil (d) 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. Within five (5) days after the Upon submittal of the preliminary map, the Planning Secretary Director shall transmit copies of the preliminary map, along with accompanying data, to members of the Subdivision Committee,.the County Health Department, 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 City Planner Planning Director or his or her authorized representative shall schedule a conference 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 and shall send notices to adjoining property owners by mailing notices by “First Class” United States mail to each the owner of each parcel of property within five hundred (500) feet of the boundary of the proposed subdivision, with said notices to be addressed to the owner at the address shown for such parcel 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 such conference 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 which shall be advisory only, and not binding upon either party. (§ 4:40, Ord. 180, as amended by § 1, 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) Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 25 DRAFT 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 City. An overriding concern is that the proposed development and improvements will conform to the General Plan and its elements, and to any applicable special 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, wildlife 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 for permission to subdivide real property, including subsections (a), (b), and (c) of Section 9-1.502. As otherwise specifically set forth in this chapter, these provisions are equally applicable to divisions of five (5) lots or more and to divisions of fewer than five (5) lots. Applications for subdivision map approval shall be in writing on forms as approved by the Planning Commission provided by the Planning Department and shall be accompanied by a tentative map or maps, as set forth in this article, prepared in full compliance accordance with the Subdivision Map Act of the State and of and this chapter title. 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, including where: I don't understand the need for these different classifications. (a) The land before division contains less than five (5) acres, each parcel created by the division abuts a maintained street or roadway, and no dedication or improvements are required by the legislative body: or (b) Each parcel created by the division has a gross area of twenty (20) acres or more, and has an approved access to a maintained public street or roadway; or (c) Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter section. (§ 5:15, Ord. 180, as amended by: § 9, Ord. 22l, eff. March 1, 1975: § 1 (part). Ord. 232, eff. July 3, 1976) 9-1.503 Preparation by authorized personnel—Conformance with laws. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 26 DRAFT 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 full compliance accordance with the Subdivision Map Act of the State and of and this chapter title. Tentative maps shall be clearly and legibly drawn on tracing cloth or tracing 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) 9-1.5046 Form of tentative map and accompanying data. (see list from preliminary map 9-1.406 (c) I think all items should be included on both maps. Please explain the need for different requirements on these maps.) The tentative map shall contain or shall be accompanied by the following information: (1) The name of any existing recorded map applicable to the subdivision with one copy attached; (2) Proposed subdivision tract name and number, if available, date, north arrow, scale, sufficient description to define the location, boundaries of the proposed tract and contour intervals, all located in the lower right-hand corner of the map. The proposed subdivision name is subject to approval of the Planning Commission; (3) The tentative map shall show properties on all sides of the proposed subdivision, even though including those separated by a public or private right-of-way, the approximate areas in acres, last name of owner or owners, topographic features, and all improvements on adjacent property located within three hundred (300) feet of the proposed subdivision boundary. The applicant, for a fee as established by City Council resolution, may utilize existing Town data, including but not limited to, four hundred (400) foot scale contour maps, tentative maps, building site approval plans, site development plans, and other best information as it becomes available to the Town; (4) The names, addresses, and telephone numbers of the recorded owners, subdivider, and registered civil engineer or State-licensed land surveyor who prepared the tentative map. The registered civil engineer or licensed land surveyor shall include his or her stamp, number, and signature; (5) Locations, names, widths, centerline radii, and centerline grades of all streets, roads, and other right-of-ways in the proposed subdivision with typical cross- sections showing proposed improvements. Centerline grades shall be shown by a profile, preferably referred to mean sea level datum as established by the United States Geological Survey, or to bench marks of the County Engineer, or as established by the City Engineer (Does this need to be corrected). Cross-sections shall be presented as required by the City Engineer; (6) Gross and net acreage of the subdivision; (7) A number for each lot, approximate dimensions of the lots, including frontage, depth, width and gross and net area of each lot to the nearest hundredth of an acre. Each lot shall have inscribed therein a circle, one hundred sixty (160) feet in diameter, which includes a building site and contain an area of at least one net acre within a circle no greater than three hundred fifty (350) feet in diameter; Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 27 DRAFT (8) Average slope, Lot Unit Factor (LUF) and slope density calculations for the original lot and for each new parcel shall be on a form provided by the City Engineer on a form to be signed by the subdivider’s registered civil engineer, or licensed land surveyor; (9) An accurate tentative map topographic survey of the land to be subdivided, with existing contours, at intervals of five (5) feet where the grade of any part of the subdivision exceeds ten (10) percent. With grades less than ten (10) percent, the contour interval shall be two (2) feet or one foot where necessary, to describe the area. The survey shall be based on an adopted Town Bench Mark; (10) The tentative map shall show how runoff of surface waters from individual lots will be achieved and the ultimate disposal of all subdivision surface waters; (11) Location, width, and character of all existing and proposed easements for drainage, water, sewage, public utilities, together with the location and approximate dimensions of any existing buildings and structures with the uses thereof proposed not to be removed in the development of the subdivision; (12) Locations, names and right-of-way widths of all adjacent streets and roads, both public and private, including the type of pavement and the location in relation to the right-of-way lines; (13) Approximate location and direction of flow of all creeks, streams, and other watercourses and drainages, showing type of existing banks and creek depths, with a separate sheet showing cross-sections of all such creeks, streams, and watercourses, when such streams, creeks or other watercourses are three (3) feet in depth and/or the width is four (4) feet or more at the bed of the stream, creek, or other watercourse, or as required by the City Engineer; (14) Approximate distance, size and location of the nearest existing sanitary sewer main line; (15) Proposed tree planting, in gallon size, number and location; (16) Buffer easements, Conservation easements, Slope control easements; Open Space Easements; Pathway Easements but within and adjacent to property (17) Public or common green area proposed, if any, together with an outline of the proposed restrictions; Huh? (18) Proposed street names; (19) Locations of existing structures, driveways, pools, hardscape, retaining walls, septic tanks, leach fields, wells, active or abandoned, and proposed disposition; (20) Provisions for flood control, if any, and sewage disposal, as proposed by the subdivider, including the proposed locations of septic tanks and leach fields; (21) Location of existing native and ornamental trees with trunks of twenty (20) inches in circumference or larger (approximately six (6) inches in diameter), measured four (4) feet above the ground. Location of heritage trees and mature trees. Rows of trees may be shown by centerlines. Clumps of trees may be shown by outline, with a number of such trees indicated. Trees in concentrated areas shall be approximately marked on the map, and shall be matched with a corresponding legend indicator. Trees to be removed shall be appropriately marked by a symbol, as set forth in the legend; (22) Source of domestic water supply; Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 28 DRAFT (23) Fire protection system, hydrants and the like, as recommended by the Los Altos Hills County Fire Protection District; (24) The approximate locations of areas subject to inundation or storm water flow, and all areas existing or proposed, that are or will be covered by water; (25) A preliminary soils report, as may be required by the Town staff; includes landslides, earthquake faults, unstable soil, fill, swales (26) Statement of the improvements proposed to be constructed or installed, approximate time when said improvements shall be installed, and the approximate date of their completion; (27) Tentative lot improvement plans as defined in Article 6 of this chapter; (28) Indication of the lot or lots excluded from the total net acreage of the subdivision used in determining the average percent of slope and lot area, as set forth in the most recent applicable slope density regulations of the City; (29) A preliminary title report as prepared by a title company not more than six (6) months prior to the date of the filing of the tentative map; (30) Assessor’s parcel number(s); (31) Existing and proposed equestrian, pedestrian and bicycle and ingress and egress easements; (32) Vicinity map that depicts the location of the property from the nearest arterial road. This vicinity map is for directorial aid. No scale is required; (33) Any conditional exceptions to the provisions of this chapter, which the subdivider requests, with justifications and support statements. reasons therefor. Before preparing a tentative map, the subdivider and his or her engineer shall familiarize themselves with the subdivision design standards of the City Town, as adopted from time to time by the City Council; (34) 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. Should a subdivider propose a subdivision which results in lots or parcels that are further capable of subdivision, he or she shall demonstrate the probable maximum subdivision within all parcels. For both the above-mentioned, proposed streets, locations, and the configuration(s) of lots shall be indicated on the map set an eight and one-half (8.5) inch by eleven (11) inch clear transparency; (35)A coded slope classification map showing all lands which have less than ten (10) percent slope, all lands which have a slope between ten (10) percent and twenty (20) percent, all lands which have a slope between twenty (20) percent and thirty (30) percent, all lands which have a slope between thirty (30) percent and forty (40) percent, and all lands which have a slope in excess of forty (40) percent. In addition, a separate coded roadway and driveway grading plan in the same scale and legend as the slope classification map shall be required. Copies of both the slope classification map and roadway and driveway grading plan shall be submitted on twenty-four (24) inch by thirty-six (36) inch sheets plus a single eight and one-half (8.5) inch by eleven (11) inch clear transparency for each sheet. (§ 5:35, Ord. 180, as amended by: § 1, Ord. 232, eff. July 3, 1976: § 9, Ord. 239, eff. January 4, 1978) (36) Earthquake faults Formatted: Bullets and Numbering Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 29 DRAFT (37) Utility easements both in and adjacent to property lines (38) Open Space Conservation Area (per Town map) 9-1.505 Process and fees for filing tentative maps. The subdivision application, ten (10) copies of the tentative map and all supplemental data, information, fees and deposits required by this article, or by separate resolution, shall be delivered to the City Planner Planning Director or his or her authorized representative, who shall act as clerk of the Planning Commission for this purpose. Fourteen (14) copies of the tentative map of the proposed subdivision shall be filed with the City Planner. The City Planner Planning Director or his or her authorized representative may require additional copies for transmittal to other agencies and Town committees. When, and not until, the City Planner has reviewed and has determined that all the information required is in conformance with the provisions of law and of this article, he or she shall so notify the subdivider in writing, with a copy of such notification forwarded to the subdivider’s engineer. It shall be the responsibility of the subdivider, or the subdivider’s engineer, to make available to the City Planner Planning Director all information. data and maps required by this article (§ 5:25, Ord. 180, as amended by: § 10, Ord. 221 eff. March 1, 1975: § 1, Ord. 232. eff. July 3, 1976) Upon submittal The time of delivery of an application for a subdivision approval, the tentative map, and all supplemental data and information, shall not be construed to be the time at which the same are delivered to the City Planner or his or her authorized representative for the purpose of filing as set forth in the Subdivision Map Act. The City Planner the Planning Director or his or her authorized representative shall examine the application, tentative map, and supplemental data and information, and shall not present the same to the Planning Commission for filing until the City Planner to determines if all requirements for the filing of a tentative map are in full compliance accordance with all the provisions of the Subdivision Map Act law and of this article title, as to form and information required to be furnished therewith, or shown thereon, and all required fees for filing have been paid. At the same time as the City Planner notifies the subdivider in writing as set forth in Section 9-1.504, he or she shall agendize on the consent calendar of the next regular meeting of the Planning Commission a motion to accept the tentative map and accompanying data and information for filing. The Planning Director or his or her authorized representative shall then transmit copies of the tentative map, along with accompanying data, to the County Health Department, Los Altos Hills County Fire Protection District, other state agencies as appropriate, Town departments and committees, public utilities, and the appropriate water district 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 Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 30 DRAFT 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. 9-1.507 Required information—Exception. The Planning Commission may require different or additional data from that set forth in this article. (§ 5:40, Ord. 180, as amended by § 1, Ord. 232, eff. July 3, 1976) 9-1.508 Tentative map—Distribution of copies. Upon acceptance for filing, as set forth in Section 9-1.505, the City Planner or his or her authorized representative shall distribute a copy of the tentative map and accompanying information as follows: (a) One copy to the Health Officer; (b) One copy to the City Engineer; (c) One copy to the City Planner: (d) One copy to the Santa Clara Valley Water District, if applicable; (e) One copy to the City Historian: (f) One copy to the City Geologist; (g) One copy to each public utility company providing services to the proposed subdivision: (1) California Water Service; (2) Purissima Hills County Water District; (3) Pacific Telephone and Telegraph Company; (4) Pacific Gas and Electric Company: (h) One copy to the Division of Highways, where the State Department of Transportation has theretofore complied with Government Code Section 66455: (i) One copy to the Los Altos County Fire Protection District; Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 31 DRAFT (j) One copy to the Pathway Committee; (k) One copy to the Chairman of the Planning Commission or his or her authorized representative to the Subdivision Committee; (l) One copy each to any other applicable agencies. (§ 5:45, Ord. 180, as amended by: § 1, Ord. 232, eff. July 3, 1976; § 10, Ord. 239, eff. January 4, 1978) 9-1.506 Subdivision Committee conference meeting. The City Planner Planning Director or his or her authorized agent, at the time of distribution of the tentative map as set forth in Section 9-1.508, 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 conference meeting. Said conference meeting shall not be held fewer than fourteen (14) days nor more than twenty-four (24) forty-five (45) days after acceptance submittal of the tentative map for filing. Not fewer than seven (7) days nor more than ten (10) days prior to the Subdivision Committee meeting, the City Planner 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 conference meeting shall address itself to 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 Subdivision Committee conference meeting, should their knowledge and/or skills be required. (b) No discretionary action shall be taken by this Subdivision Committee except by a vote of a majority of its members on tentative maps. The City Planner Planning Director or his or her authorized representative shall, within not more than fourteen (14) five (5) days after the Subdivision Committee meeting, prepare a written report of the Subdivision Committee’s recommendations which shall be furnished to the Planning Commission with a copy of the report furnished to the subdivider and the subdivider’s engineer. (c) Five (5) working days following Subdivision Committee final review, the subdivider shall deliver to the City Planner or his or her authorized agent, ten (10) copies, and an Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 32 DRAFT eight and one-half (8.5) inch by eleven (11) inch clear, reproducible transparency of the tentative map of the proposed subdivision. Said copies and transparency sheet(s) shall be in conformance with the Subdivision Committee’s recommendations. (§ 5:60, Ord. 180, as amended by § 1, Ord. 232, eff. July 3, 1976) (The following three sections – 511, 512, 513 - are in the Map Act. Do you see any reason to repeat them in the Town’s Ordinance?) 9-1.508 Review of tentative map by other governmental agencies. (a) Local agencies may make recommendations concerning proposed subdivisions in any adjoining city or in any adjoining unincorporated territory, provided such subdivisions are within three (3) miles of the exterior boundary of such local agency or presence of easement to such agency either within or adjacent to subdivider. A local agency which desires to make recommendations concerning such proposed subdivisions shall file with the City Clerk or his or her designated representative a map indicating the territory in which it desires to make such recommendations. (b) The City Clerk or his or her authorized representative, in accordance with Section 66455 of the Subdivision Map Act of the State, upon receiving such territorial map, shall issue a receipt thereof and shall, during the next three (3) years, have the City Planner or his or her authorized representative transmit to the official designated or such local agency, one copy of each tentative map of a proposed subdivision located wholly or partially within the territory outlined on the territorial map as received. Such transmittal of the tentative map shall be within five (5) days after filing of the tentative map. A local agency may renew its expression of interest for an additional three (3) year period, and shall be advised of this right, so that continuous transmittal service will be rendered. (c) Any local agency receiving such tentative map shall make its recommendation to the City within fifteen (15) days after receipt of such map. The recommendations shall be taken into consideration by the City before action is taken upon the tentative map. (§ 5:70, Ord. 180,as amended by: § 11, Ord. 221, eff. March 1, 1975; § 1, Ord. 232, eff. July 3, 1976) 9-1.509 Territory pending annexation. Any subdivider may file with the City Town a tentative map of a proposed subdivision of unincorporated territory adjacent to the City Town. The map, at the discretion of the City 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 City Town within such period of time as shall be specified by the City Town, and such approval shall not be effective until annexation of such property to the City 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 City Town shall be null and void. No subdivision of unincorporated territory may be affected by approval of a map by the City Town, unless annexation thereof to the City Town is completed prior to the approval of the final map thereof. (§ 5:80, Ord. 180, as amended by: § 12, Ord. 221, eff. March 1, 1975: § 1, Ord. 232, eff. July 3, 1976) Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 33 DRAFT 9-1.510 State Department of Transportation. (a) The State Department of Transportation may file with the City Clerk a map or an amended map of any territory within one mile on either or both sides of any State highway routing, in which territory it believes subdivision would have an effect upon an existing State highway or a future State highway, the route of which has been adopted by the California Highway Transportation Commission. The City Clerk shall issue a receipt for the territorial map. (b) The City Clerk shall issue a receipt for the territorial map thereinafter, shall transmit to the local district office of the Department of Transportation, within three (3) days after the receipt thereof, one copy of each tentative map of any subdivision located wholly or partly within the territory outlined on the territorial map. 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 district office of the department in which the proposed subdivision is located. (c) The department, upon receiving a copy of the map, within the fifteen (15) days after receipt thereof, will make recommendations to the City Town in connection therewith regarding the effect of the proposed subdivision upon such highway or highway route. (§ 1, Ord. 232, eff. July 3, 1976) 9-1.511 Time of filing for tentative maps. (Which of the following paragraphs should we keep?) 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 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. Who is the decision maker for CEQA? Does the Subdivision Committee decide on MND, EIR? Or Planning Commission or Staff? 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 when the tentative map and related information are accepted by said motion of the Planning Commission. 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. 9-1.512 Planning Commission procedures, time and notice. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 34 DRAFT (a) Once the tentative map is found to be in compliance with the General Plan, Zoning ordinance and this chapter, and an environmental determination has been completed, the City Planner Planning Director, or his or her authorized representative, shall place the tentative map on the next available agenda of the Planning Commission. the date, time, and place for a public hearing by the Commission for consideration of the proposed tentative map. The date of such public hearing shall be within fifty (50) days after the acceptance for filing of the tentative map by the Planning Commission, unless such time limit is extended by mutual consent of the City Council and the subdivider, and not fewer than three (3) days after the delivery to the subdivider of the report of the Subdivision Committee meeting. (b) The Whenever a public hearing is in order, pursuant to the Subdivision Map Act or this chapter, 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, and to 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) 9-1.513 Actions by the Planning Commission. (a) The Commission, with recommendations from Committees, 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 within fifty (50) days after the filing of the tentative map take one of the following actions: Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 35 DRAFT (1) Recommend approval that the City Council approve the tentative map with or without conditions and/or exceptions; (2) Continue deliberation with the written concurrence of the subdivider; (3) Recommend disapproval that the City Council deny the tentative map; or (4) Recommend disapproval 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 disapproval, 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) The action of the Planning Commission shall be clearly endorsed on the face of the tentative map, by the Chairperson of the Planning Commission, as so directed by action of the Planning Commission. If no action is taken by the Planning Commission within the fifty (50) days after the filing of the tentative map, or a longer period mutually agreed to by the subdivider and the City Council, 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. (b)(c) 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 for that the City Council consideration 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)(d) 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. 9-1.514 Findings for Recommending Denial by the Planning Commission. The Planning Commission shall not recommend approval denial of any tentative map unless it shall first find that the proposed subdivision, together with provisions for its design and Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 36 DRAFT improvement, is consistent with the General Plan and its elements, and any specific plan applicable thereto, and shall recommend denial of the tentative map in the event if it makes any of the following findings as set forth in Section 66474 of the Government Code: (1) That the proposed map is not consistent with applicable General Plan and specific plans as specified in Government Code Section 65451; (2) That the design or improvement of the proposed subdivision is not consistent with applicable General Plan and specific plans; (3) That the site is not physically suitable for the type of development; (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 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 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. (§ 1, Ord. 232, eff. July 3, 1976) 9-1.516 Planning Commission advisory report. The Planning Commission shall make its written report on the tentative map to the City Council within fifty (50) days after the filing thereof, through the City Planner or his or her authorized representative, unless by mutual agreement between the subdivider and the City Council an extension of time is requested and approved. When an environmental impact report or negative declaration is required for the proposed subdivision, the tentative map shall not be considered as having been filed, for purposes of this chapter, until preparation of the negative declaration or certification of the Environmental Impact Report (EIR) by the City Council. (§ 1, Ord. 232, eff. July 3, 1976) 9-1.517 Appeal to City Council. (a) The subdivider may appeal any action of the Planning Commission with respect to a tentative map to the City Council. (b) Appeals shall be filed with the City Clerk within fifteen (15) days after the action of the Planning Commission from which the appeal is being taken. The procedure for appeals shall be in conformance with Article 10 of this chapter. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 37 DRAFT (c) Upon the filing of an appeal, the City Council shall set the matter for hearing. Such hearing shall be held within thirty (30) days after the date of filing the appeal. Within ten (10) days following conclusion of the hearing, the City Council shall render its decision on the appeal. (d) If the City Council fails to act upon the appeal within the time limit specified above, the tentative map, insofar as it complies with applicable requirements of this chapter and the Subdivision Map Act, shall be deemed to be approved or conditionally approved, as last approved or conditionally approved by the Commission, and it shall be the duty of the City Clerk to certify such approval. (§ 1, Ord. 232, eff. July 3, 1976) 9-1.518 City Council action. (a) In the event the Planning Commission recommends the approval or conditional approval of the tentative map, five (5) copies thereof with the certificate of approval or conditional approval by the Planning Commission shown thereon, together with the Planning Commission report, shall be filed with the City Clerk, to be placed upon the next regular available meeting agenda of the City Council. At the abovementioned meeting, the Council shall fix the meeting date, time, and place, at which the tentative map will be considered; said date shall be within thirty (30) days after this meeting. The City Council shall approve, conditionally approve, disapprove deny, or deny without prejudice the tentative map within said thirty (30) day period (45 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, provided such approval or conditional approval is in accordance with the general recommendations of the Planning Commission and no appeal has been filed by the subdivider. (§ 1, Ord. 232, eff. July 3, 1976) 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. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 38 DRAFT (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. (f) 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 (Should we change this to Article 6 to keep the numbering consistent?) 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. 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) Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 39 DRAFT 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. (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. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 40 DRAFT (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 1 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. (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; Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 41 DRAFT (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 9-1.5(1)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) 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 City 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 Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 42 DRAFT 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 City Planner 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 enscribed 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 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. Common driveways may be required where there would result a lesser amount of topographical resistance (as defined above) than would occur with independent Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 43 DRAFT driveways serving single lots. All common driveway widths for vehicle use shall be a minimum of twelve (12) feet; (Change to 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 Department 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: (1) Type I—“T” or pier-and-grade-beam foundation, to be constructed on a flat earthen pad which exists, or nearly exists, without grading the building site from its natural topography; (2) Type II—a step-on-contour, daylight, or pole foundation, or a combination thereof, to be constructed on a sloping natural site. Such building sites in excess of fourteen (14) percent natural slope shall be required to have a Type II designation; (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) Gross and net acreage of each individual lot to the nearest one hundredth of an acre which may be based on the calculation of the gross and net acreage of the entire parcel: (f) A number for each lot, approximate dimensions of each lot, including frontage, depth and width: (g) 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 (l0) 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; (h) Location, width, and character of all existing easements for drainage, water, sewage, public utilities, together with the location and approximate dimensions of any existing Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 44 DRAFT buildings and structures with the uses thereof if they are not to be removed in the development of the subdivision; (i) Locations, names and right-of-way widths of all adjacent streets and roads, both public and private, including the type of pavement and the location in relation to the right-of-way lines; (j) Approximate location and direction of flow of all creeks, streams, natural drainages and other watercourses, showing type of existing lands and creek depths, with a separate sheet showing cross-sections of same, if so required by the City Engineer; (k) Proposed tree planting in gallon size, number of plantings and location; (1) Conservation easements; Open Space easements, pathway easements (m) Buffer easements; (n) Slope control easements; (o) Public or common green area proposed, if any; (p) Proposed street names; (q) Existing well, active or abandoned, and proposed disposition; (r) Provisions for flood control, if any, and sewage disposal as proposed by the subdivider; (s) Location of existing native and ornamental trees with trunks of twenty (20) inches in circumference (approximately six (6) inches in diameter) or larger, measured four (4) feet above ground. Rows of trees may be shown by centerlines. Clumps of trees may be shown by outline with the number of such trees indicated. Trees in concentrated areas shall be appropriately marked on the map, and shall be hatched with a corresponding legend indicator. Trees to be removed shall be appropriately marked on the map by a symbol as set forth in the legend; (t) Fire protection system, hydrants and the like, as may be recommended by the Los Altos Hills County Fire Protection District; (u) The approximate locations of areas subject to inundation or storm water flow, and all areas existing or proposed that are or will be covered by water. (§ 6:30, Ord. 180, as amended by: § l, Ord. 232, eff. July 3, 1976; §§ 11, 12 and 13, Ord. 239, eff. January 4, 1978; § 1, Ord. 244) 9-1.604 Lot size and requirements. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 45 DRAFT 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. (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 not have a Lot Unit Factor less than 1.0 and be less than 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 (1) 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 Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 46 DRAFT 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. (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. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 47 DRAFT (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. The panhandle portion of the lot shall be included in the net acreage only to the extent that the one hundred sixty (160) foot diameter circle can be placed within the panhandle and yet remain within the confines of the property lines. (This seems a bit confusing and needs to be clarified) (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: § l, 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 an improved driveway, the width of which shall be not less than ten (10) feet serving a single resident. If the length of the corridor is over one hundred fifty (150) feet the improved width must be at least sixteen (16) feet, unless an improved turnout eight (8) feet in width by twenty-five (25) feet in length is provided at intervals of not more than one hundred (100) feet. (These numbers above and below need to be checked and/or modified – Check with PW and Fire Department) When corridors are combined, the total access width need not exceed thirty-five (35) feet if each parcel or lot has a right of access over the corridor of the adjoining parcel. The total improved width shall not be less than twelve (12) feet. If the corridor is over one hundred fifty (150) feet in length, improved turn-outs eight (8) feet in width by twenty-five (25) feet in length shall be provided at intervals of not more than one hundred (100) feet, depending upon sight distance, grade, and topography, all as to be determined by the City Engineer. Wherever possible the subdivider shall be encouraged to provide common or joint 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. (§ 1, Ord. 232, eff. July 3, 1976) Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 48 DRAFT (I think the next section is not necessary) 9-1.606 Off-street parking. Where all roadways, both public and private, in the Town are designed and constructed for the purpose of the movement of vehicles only, each lot or parcel shall provide unobstructed off-street parking for four (4) vehicles, including parking provided in garages and carports. Each space shall be not less than nine (9) feet wide by twenty (20) feet in length. Driveways, when of sufficient width, may be used to provide for this parking. (§ 1, Ord. 232, eff. July 3, 1976) 9-1.607 Tree removal. (a) Trees shall not be removed which are larger than twenty (20) inches in circumference (approximately six (6) inches in diameter) measured at a point four (4) feet from above the ground. (b) Exceptions: Trees of the abovementioned dimensions are to may be removed in order 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 two (2) new trees for every one removed. New trees shall be planted within the right-of-way easement (do we want to do this?) or within the setback lines of adjacent lots, exact location and species to be determined by the City Planner Planning Director. The size of the replacement trees shall not be smaller than the standard five- (5) (15 gallon or 24 inch box?) gallon 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 recognized tree surgeon 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) Article 7. Road Design Standards 9-1.701 Purpose. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 49 DRAFT 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 City, 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) Volume of traffic; (d) Aesthetics and preservation of natural attributes and native trees; (e) Driveway access; (f) Fire protection and emergency vehicles; (g) Drainage; and (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, terrain, vegetation, soils and all other factors pertaining to the width of the road. (Is there a minimum width?) (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. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 50 DRAFT (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 and appurtenances; (3) Space for all public utilities; and (4) Space for safe driveway approaches. (f) 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, 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 Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 51 DRAFT 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 9-1.605 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. (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, Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 52 DRAFT 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. (f) 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 City, or as recommended by the Planning Commission Director of Public Works. 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. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 53 DRAFT The paved width of split-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 consistent with good engineering practices. Streets having grades between ten (10) and fifteen (15) percent shall in no case exceed 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) 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. (What about driveways?) (§ 1, Ord. 232, eff. July 3, 1976) 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) 9-1.710 Private roads. Private roads are permitted provided the following requirements are met: Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 54 DRAFT (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) * Sections 9-1.7.08—9-1.712 were renumbered during 2008 republication to 9-1.707—9-1.710. 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 City 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 after consideration of the Open Space Committee and EDPC?, 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 licensed civil engineer registered as such by the State, whose main field of practice is soils and foundation engineering. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 55 DRAFT (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 after consideration of the Open Space Committee and EDPC?, 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 determines 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. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 56 DRAFT Due to the City’s Town’s proximity to the San Andreas fault and the fact that the City Town itself contains a number of named and unnamed faults and fault traces, geological considerations for any proposed improvements within the City 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 City 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, 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 § 1, 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) Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 57 DRAFT 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 fifteen (15) calendar days (Do we want to change this to 22?) 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 regular 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 and Town Committees 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: Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 58 DRAFT (a) Provide for the health, welfare and safety requirements of the future inhabitants of the subdivision; (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; (f) 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. 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. (Check with Engineering on these) Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 59 DRAFT 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, dated March 1969, Town of Los Altos Hills; (b) Drainage Manual—Department of Public Works, County of Santa Clara, dated March 1966, 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. Copies of each of the above reports are on file and can be examined by the public in the office of the City Engineer. (§ 1, Ord. 232, eff. July 3, 1976) 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; (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 Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 60 DRAFT 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: Open Space Committee would like opportunity to review any impacts to creeks or habitat impacts from buried channels. (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, and the incremental capacity for channels crossing the subdivision required to accommodate waters arriving within the subdivision. (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) If the amount of waters entering the subdivision from above are to be transported across the subdivision in one or more open channels and the design capacities at the subdivision inlet specified by the City Engineer do not exceed one hundred (100) cubic feet per second for any one of the channels, the total cost of transporting all waters across the subdivision shall be borne by the subdivider. (d) If the waters entering the subdivision from above are to be transported across the subdivision in buried conduits and the design capacities of the subdivision inlets as approved by the City Engineer do not exceed the quantities that can be carried by a thirty (30) inch internal diameter pipe, the total cost of transporting all waters across the subdivision shall be borne by the subdivider. (1) 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. (e) Waters exiting the subdivision into a watercourse shall be either by direct discharge into same, or by connection with adjacent existing storm drains already discharging into a watercourse. Said connection shall only be permitted when the Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 61 DRAFT City Engineer has determined the existing drains can safely accommodate the additional volume. (1) Whenever a subdivider proposed to drain the subdivision’s storm and surface waters in the above-mentioned manner, rather than by the construction of drains at his or her own expense outside of said subdivision, the subdivider shall be required to pay a charge to the City as established by resolution, for the connection and use of such outside public drainage systems, if such adjacent drains and facilities have been dedicated to the public. Such cost shall in no event exceed the estimated cost to the subdivider of constructing independent exterior drainage facilities to adequately carry such waters from the subdivision to the nearest accessible natural watercourse. (f) 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. (g) 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 City may enter into a contract 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. (h) As a condition precedent to the approval of every final subdivision map substantially conforming to a tentative map of the same land, which tentative map was filed on or after February 18, 1970, the subdivider shall be required to deposit in the Drainage Fund the amount as established by resolution for each new approved building site within the subdivision. (§ 1, Ord. 232, eff. July 3, 1976; § 1(f), Ord. 375, eff. June 2, 1995) 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 standards and requirements of the City 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 of this City and of that city providing the maintenance prior to the recording of the final map or parcel map. The construction inspection shall be by this City and the city providing the maintenance. (§ 1, Ord. 232, eff. July 3, 1976) Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 62 DRAFT 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 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 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 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 State Board of Health and the County of Santa Clara. 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) 9-1.1110 Abandoned wells. All abandoned wells shall be destroyed and/or sealed in a manner and in accordance with the standards of the Santa Clara Valley Water District. (§ 1, Ord. 232,eff. July 3, 1976) 9-1.1111 Road improvements. Road improvements shall be as follows: Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 63 DRAFT (a) Every subdivider shall construct all roadways within dedicated or private easements (excluding joint or common driveways) as shown on the final map, in conformance with the applicable standards of Section 9-1.1 103, 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 City 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 City 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: (1) 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 City Town the cash difference between the estimated cost of City 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 City Town prior to the acceptance of the final map. (f) The subdivider shall install at all street intersections, signposts and street name signs conforming to City standards; and regulatory and warning signs conforming to the latest Uniform Sign Chart, as adopted by the 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 Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 64 DRAFT opinion of the Planning Commission, they may recommend and the 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 City Town in accordance with subsection (f) of Section 9-4.704 as part of the street improvement. (h) Street trees, erosion control plantings, and watering facilities 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 Path Plan. Any lot in the subdivision that does not contain a path shall be assessed a pathway 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 City standards or improvements plans, the City Engineer shall, with the approval of the subdivider and 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 dedicate such additional improvements for public use. In the event of the imposition of such a condition, the City Town shall enter into an agreement with the subdivider Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 65 DRAFT 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 any 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 Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 66 DRAFT each such monument with respect to the surface of the ground shall be shown on the map. (c) Street Centerline. Centerline monuments set in monument boxes, as detailed in the City 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. (1) 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. (f) 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. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 67 DRAFT (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) 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 (Sections 66456 through 66463) 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. (§ 1, 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 may be revised. (§ 1, Ord. 232, eff. July 3, 1976) 9-1.1204 Submittal of information for review by City Engineer. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 68 DRAFT 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 registered civil engineer or a 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 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 Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 69 DRAFT 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 County 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. (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 “1” 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. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 70 DRAFT (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 shall delineate such area, if any, subject to periodic flooding or inundation by water. (12) Any lot or parcel which was conditionally approved on the tentative map requiring a Type II foundation design for any structure, as set forth in subsection (b)(2) of Section 9-1.603, shall so state the same directly under the lot number designation as required by subsection (b)(8) of Section 9- 1.1205. Said designation shall read “Type II Foundation Design.” (13) City boundary lines which are within 100 feet of the exterior boundaries of the subdivision shall be clearly designated and referenced. (14) 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. (15) 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. (16) If any portion of such land is subject to street overflow or ponding of local stormwater or should the depth to groundwater be less than ten (10) feet from the ground surface, the Planning Commission shall so inform the State Real Estate Commissioner. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 71 DRAFT (17) 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. (18) 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, (Government Code Sections 66436, 66550, 66441, 66442, respectively) 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 of the said certificates shall be as from time to time 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. The owner’s certificate shall also stipulate the lots and parcels by number, which require Type II foundation design, as defined in subsection (b)(2) of Section 9-1.603. (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. (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 Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 72 DRAFT 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: (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 Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 73 DRAFT 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 City 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 City 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; (f) 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; Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 74 DRAFT (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: Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 75 DRAFT (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; (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 approved by the City Council, such a 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 which make any or all of the conditions of such a map no longer appropriate or necessary and that the modifications do not impose any additional burden on the present fee owner of the property, and if the modifications do not alter any right, title, or interest in the real property reflected on the recorded map and if 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 the City Council in accordance with the procedures set out for approval of tentative maps. The Planning Commission and the City Council shall confine their hearings to consideration of an action on the proposed modification. (§ 1, Ord. 343 eff. January 16, 1991) Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 76 DRAFT 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 City Town can accomplish the same said improvements at no expense to itself. This article also provides for the maintenance of said improvements for a specified period of time after their completion and the release of the City 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 City 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 City 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; Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 77 DRAFT (d) For the indemnification of the City Town, its City Council, officers, boards, Commissioners and employees from claims of any nature arising or resulting from the performance of any acts required by the City 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; (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 City 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 City 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 City Town at its option may thereafter without further notice declare said bond forfeited and cause all required Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 78 DRAFT 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 City 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, materialmen 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 City Treasurer. (§ 1, Ord. 232, eff. July 3, 1976) 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 satisfactory to the City Attorney, providing public liability insurance limits in the amount of not less than One Hundred Thousand and no/l00ths ($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 City Town, and in their capacity as such its Council persons, officers, boards, Commission, and its 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 noncancellation without ten (10) days prior written notice to the City 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. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 79 DRAFT 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 City 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 City 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 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 City’s 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 City 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 City Town for the purpose of providing park and/or recreational space/facilities. Said authority shall be governed by Section 9-1.1402. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 80 DRAFT (b) Fees in Lieu of Land Dedication. A subdivider may pay a fee to the City 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) 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. Should we specify the type of recreation allowed? or reference our General Plan for recreation? (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. Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 81 DRAFT (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 City 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; (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: Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 82 DRAFT (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 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 Subdivision Ordinance Update – Text changes are in highlight (new) and highlight/strikeout (deleted) format 83 DRAFT 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 regular 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 have two (2) days’ notice 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)