HomeMy WebLinkAbout232 ORDINANCE NO. 232
AN ORDINANCE OF THE CITY OF THE TOWN OF LOS ALTOS HILLS AMEND-
ING CHAPTER 4 ENTITLED "SUBDIVISIONS" OF TITLE 9 ENTITLED
"PLANNING AND ZONING" OF THE LOS'-ALTOS HILLS MUNICIPAL CODE
The City Council of the City of the Town of Los Altos Hills DOES ORDAIN
as. follows-
SECTION I . AMEMDMENT OF CODE. Chapter 4 entitled "Subdivisions" of
Title 9 entitled "Planning and Zoning" of the Los Altos Hills Municipal Code
is hereby amended to read as follows:
"The Subdivision Law of the City of the Town of Los Altos Hills"
and consists of fourteen Articles, containing Sections and subsections, which
are more specifically the following:
ARTICLE I. TITLE, PURPQSESt AND OBJECTIVES..
Secti6n�9=.4:1Q1 . `Title.. This Chapter shall be known and referred to in its
erittrety as the 'Subdi'visi'on Law of the Town of Los Altos Hills" .
Section 9,4.lQ2: Purposes. The provisions of this chapter are enacted for
the. pul^pose of pnomoti,ng the public h.eaith, safety, convenience and general
welfare in the Towne of Los Altos Hills and are adopted to regulate the sub-
divtslon of land to require the provision of certain prescribed improvements
which, are needed i-n consequence of the subdivision of land in order to achieve
the, fol l ow ng purposes-;
('4 To Insure the development of land in a manner consistent with the
general community objectives set forth in the General Plan;
(b7 To insure that all subdivisions and the development of land conform
to the primary objectives of providing for a permanently wholesome rural resi-
dentral environment i,n the Town;
N) To protect property- in the Town against deterioration and obsoles-
cence
(d To preserve and protect the natural beauty and the established char-
acter of the community and, through good design, to provide for a harmonious
relationship between completed subdtvisions and the natural environment;
(e),- To provide lots of adequate size and appropriate design for the pur-
poses for which they are to be used;
(f�- To protect the community against excessive storm water runoff, soil
eroston, earth- movement, earthquake, and other geological`lhazards;
(0 To .facilitate law enforcement and fire protection through orderly
design and development and the provision of adequate facilities and improve-
mentsj,
l_Q_ 'To insure at the time of subdi'visi'on the provision of an adequate
water supply, storm drainage, sewage disposal , and other utilities, services,
and improvements needed as a consequence of the division of land;
(i) To insure that governmental costs are minimized by requiring the
i.ns-tallation of improvements of adequate size and quality;
(a� To provide for streets of adequate capacity, with appropriate im-
provements: to provide access to abutting property, to carry the anticipated
t:rafffc and to insure that streets are designed to minimize potential safety
Hazards to vehicles and their occupants , pedestrians, and equestrians;
l
W To assure that street rights-of way are corridors of natural - vege-
tation and terrain through which motorists and others can travel and retain
the feelfng 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;
(T) To provide paths and trails for the use, safety, and convenience
of pedestrians, bicyclists , and equestrians desiring access to community facil-
ities, travel throughout the community, and the enjoyment of the natural amen-
ities 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 Cha ter is- enected: ,in.accordaric
p e with the Subdi,visaon Map Act, being
Division 2, of Title 7, of the Government Code of the State of California,
herein called the "Subdivision Map Act".
Section 9-4.103. Objectives. As the terrain within the Town corporate limits
remaining .to be developed generally has an average slope, as defined hereinaf-
ter, in excess of fifteen percent (15%) , the following Articles in this Chapter
are designed to accomplish the objectives as set forth in Section 9-4.102.
These Articles are designed to accommodate development of all remaining unde-
veloped areas having an average slope from level to fifty-five percent (55%) .
ATTICLE II. DEFINITIONS
Sectiori '9=4:201 : " 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 here-
in defined shall be as defined in Chapter 5 of Title 9 of the Town of Los
Altos Hills Municipal Code. Terms neither defined herein nor in said Chapter
5, Title 9, shall be as defined in the Subdivision Map Act. Such definitions
are incorporated herein by reference and shall apply to such words and phrases
used therein as though set forth herein in full , unless the context clearly
indicates a contrary intention.
Section '94:202: Advisor Aeric "Advisory Agency" shall mean the official
body charge with the duty of making investigations and reports on the design
and improvements of proposed divisions of land. The advisory agency shall re-
port Tts investigations and actions directly to the City Council . The Planning
Commission is designated as the official body for making such reports and in-
vesti,gations to the City Council .
Section"9=4:203: Area, 'Gross. "Gross Area" shall mean 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.
Section 9-4.204. Area , Net. "Net Area" shall mean the gross area of any par-
cel of land less all public' or private easements for vehicular access not for
the exclusive use of the parcel on which the easement or easements are located,
excepting easements for joint -and common�idri veways .
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"Average Percent
Section 9=4.205. Average 'Percerit S1ope 'or'Perce►it'S1ope.
Slope" or "Percent Slope" shall mean the vertical drop divided by the hori-
zontal distance, multiplied by one hundred percent (100%) . Slope shall be
computed by the following formula:
0.00229 I L
S = A
where S = Percent Slope
I = Contour interval in feet (uniform vertical distance between suc-
cessive contours) . Contour interval shall be not more than five
feet (5' ) for slopes up to and includin thirty percent (30%) .
All slopes greater than thirty percent (30/ ) .may have contour
intervals not to exceed ten feet (10 ') .
L = Aggregate contour lengths in scale feet (summation of individual
contours within the gross area) , contour lengths in areas shown
to be further subdivided.
A - Gross area in acres of parcel being considered for development.
. Contours and areas within parcels that can be further subdivided shall
be excluded from the percent slope calculations.
Section 9;4:2Q6: Building Site. "Building Site" shall mean 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 of Los Altos Hills .
Section '9_4:207. City. "City'.' shall`,mean the City of the Town of Los Altos
Hi'Hi'l I s.
Section "9=4.208. City Clerk. "City Clerk" shall mean the City Clerk of the
City acting either directly or through properly authorized agents , such agent
acting within th.e scope of the particular duties entrusted to same.
Sectioh'9 4:209: . .Cit En i►ieer. "City Engineer" shall mean the City Engi-
neer of the City.
Section. 9 '4:210: City Geologist. "City Geologist" shall-mean the registered
geologist retained by the City.
Section 9=4:211 City Planner. ".City Planner" shall mean the planner of the
City.
'Sec 0h'9-4:212: Commission or"Planning Commission. "Commission" or "Plan-
ning Commission ' shall mean the Planning Commission of the City.
Section'9 4.- 13. City-Standards . "City Standards" shall mean the specifica-
ti-ons_and standard drawings of the City for design and construction of improve-
ments, wh.i'ch specifications and drawings have been approved by the Council .
Sectioh'94:214. 'Cbhseryati6h'Easbment. "Conservation Easement" shall mean
a portion of land reserved for the express purpose of protecting the natural
vegetation, terrain, watercourses , and wildlife;�.and for the purpose of pre-
venting 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 . The subdivider shall execute a
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deed to the City for all lands within the conservation easement complete with
conditions germane to accessory structures and activities as determined by
the City Council .
Section '9=4.215. Corridor. "Corridor" shall mean the same as "panhandle".
In addition, the term shall mean a portion of land utilized primarily for ve-
hicular access from the public or private vehicular right-of-way to the build-
able area of two or more lots . Said portion of land may be in single owner-
ship with granted easements, or may be in multiple ownerships with granted
reciprocal easements.
Sectio►i 9;4:216: ' -CbUhtil -or City Council . "Council " or "City Council " shall
mean the City Council 'of the City of the Town of Los Altos Hills .
Section 9_4.217. 'Design. "Design" shall mean
'a Street ali=gnment, grades and widths ;
'b Alignment and width of easements and rights-of-way for drainage and
sanitary faci l i'ti es and utilities ;
(c Location and size of all required easements and rights-of-way;
(d Fire roads and firebreaks.;
('e ''' bot size, configuration, areas and width ;
(zf I Trafftc access;
(g Grading;
(h) Land to be dedicated for park and recreational purposes , if any;
(tJ 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 31 of Di'vi'sion 1 , of the Government Code.
Secti.on'9'�4;218: ' 'Director-of'Public Works . "Director of Public Works" shall
mean the Director of Public Works of the City.
Secti6n '9_4.219. Easement; Buffer. "Buffer Easement" shall mean a portion of
land which may be improved by the subdivider at Town discretion in such a man-
ner as to delimit unattractive visual surroundings , reduce noise from surround-
ing lands or roadways, separate vehicular traffic from pedestrian and equestrian
traffic for traffic safety purposes , or for any other reasons as may be deter-
mined by the Planning Commission and affirmed by the City Council .
Section 9-4.220. Easement, Pathway. "Pathway Easement" shall mean a portion
of land reserved for the express use of equestrian , pedestrian, or bicycle
traffic, or any combination use thereof, as determined by the Planning Commis-
sion and affirmed by the City Council .
Section 9=4:221 . ' -Easement, Sanitary 'Sewer. . "Sanitary Sewer Easement" shall
mean a portion of land reserved for the express use of sanitary related im-
provements, both immediate and future, and shall be determined as such by the
City Engineer,
Section 9-'4:222. ' 'Easement, 'Slo e Control . "Slope Control Easement" shall
mean 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 proper-
ti'es ,. and shall be determined as such by the City Engineer.
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Section 9-4:223. ' 'Easbrh6 t, 'Storm'Drain. "Storm Drain Easement" shall mean a
portion of land reserved for the express use of storm run-off or water course
improvements both immediate and future, and shall be determined as such by the
City Engineer.
Section 9-4.224: 'Engineering Geologist. "Engineering Geologist" shall mean
an individual licensed as such by the State of California.
Section 9-4.225. Fire Official , Fire Department. "Fire Official " or "Fire
Department" shall mean the Fire Official and/or Department of the Los Altos
County Fire Protection District.
Section 94:226: Fouhdation -Design, Daylight. "Daylight Foundation'Design"
shall be defined as 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 walr - or•, walls
alternately approved material , which range from approximately oblique to par-
allel to the native contours for the retention of native or near native con-
tours that shall abut them.
(b) Said foundation design shall include masonry walls or walls of al-
ternately approved material , which range from oblique to perpendicular to
contour so that the approximate native contours can be re-established on the
downhill s-i-des of the structure upon its completion.
"Section '9=4:227. Foundation 'Design, `Pole. "Pole Foundation' Des •gn". shall be
defined as a foundation design which supports the main structure from the earth
via the use of wooden poles or other similarly approved pole devices. The in-
stallation of this foundation design type shall result in little if any alter-
ation to the native contours of the building site, and shall also result in an
air space beneath the lowest floor level which is unenclosed.
Section 9-4.228, ' Foundation Design , Step-on-Contour. "Step-on-Contour 'Design"
shall e defined as 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.
(a) The difference in finished floor elevations shall be a minimum of
twenty-one inches (21 ") unless otherwise approved by the Site Development Com-
mittee at the time of the Site Development review.
Section 94:229.' Frontage. "Frontage" shall mean all property abutting one
side of a public roadway.
Section 9 '4 '230. General Plan. "General Plan" shall mean the General Plan
and its Elements of the Town of Los Altos Hills, adopted by Resolution #745,
effective January 2, 1974, and any amendment thereto, or any General Plan a-
dopted subsequent to the adoption of this Chapter.
Section 9-4.231 . Government Code. "Government Code" shall mean the Govern-
ment Code of the State of California, or as amended.
Sectioh '9=4:232: ' Health Officer, Health Department. "Health Officer" and/
or "Health Department" shall mean the County Health Officer or his assistant(s)
or authorized deputy(ies) acting as Health Officer for and of the Town of Los
Altos Hills.
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Section "9 '4 '233 '. ' 'Hi,li'§id6:SobdiVi8i.on. A "Hillside Subdivision" is defined
as one wWe t aver `§e perc6fit' sl6pe of..the natural ground within the sub-
diviston ts, fifteen percent (15%) or more.
Section 984;234; Irh0i-6V6m6ht§ 1Qi`tl i ty 'Street or Other. "Uti I i ty,.-Stre"et,
or Other Improvements" shall be defined as follows:
(a) "Utility ImprovementV , though not limited to the following, shall
mean storm drains, sanitary sewers, potable water systems, electrical , tele",_
phone, gas, and fIrb 'pft,tection systems, which the subdivider has agreed to
install on lands which are offered for dedication as streets and/or easements
as deemed necessary for the general use of lot owners in the subdivision and
the local neighborhood;
(b) "Street Improvements" shall mean, though not limited to the follow-
ing, pavement, curbs, combined curbs and gutters, landscaping, retaining walls ,
road dividers, erosion controls, sewage collection and disposal systems , storm
drainage facilities., an'doflood control facilities;
(c) "Other Improvements" shall mean other specific improvements or types
of *provements, the installation of which, either by the subdivider, by public
agenctes, 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 Article' 8, commencing with Section 65450, of Chapter 3, of Division 1 , of
the Government Code.
'Settibh *9_'4.'235.' Lot. "Lot" shall mean a unit or portion of land separated
from other.parcels or 'pbrtions 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 Prelimtnary Map- shall mean a map prepared by a State of CMifornia
Registered Civil Engineer or State U'rensed Land Surveyor, for the purpose of
showing the fnittal conceptual design of a proposed subdivision, and the exist-
Tng conditions in and around' it, and need not be based upon an accurate or de-
tafled final survey of the property;
(b) Tentative Map: shall mean a map prepared by a State of California
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;
(c) Parcel Map: shall mean a map prepared in accordance with the provi-
sions 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. A Parcel Map and
Final Map shall mean the same;
(d) Final Map: shallmeana map prepared in accordance with the provi,4
sons 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 shall mean the same.
Settift '94.'237: ' 'May. "May" shall mean an action which is permissive.
'SOtti,6h '9 '4:238'. ' 'Moah8 'bf'At(t6ss . "Means of Access" shall mean a street, right-
of-way, apqbltc or private easement dbstgned for ingress to and egress from any
parcel of land to a public street.
Sqdtj,6n'9.'-4.'239'. OWher. "Owner" shall mean any individual , firm, association,
syndicate, co-part-nershtp, corporation, trust, or any other legal entity having
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sufficient proprietary interest in the land sought to be subdivided to com-
mence'and matntatn pr'ocee' dtngs to subdivide the same, pursuant to the provi-
sions of thi's Chapter.
Section 9-4.240. Panhandle.- "Panhandle" shall mean the portion of a lot
c
hi connects w — - ts th-e-" e section of the lot to the public or private ve-
hicular right-of-way. Said portion of land which accomplishes the above con-
nection shall be used primarily for vehicular access to a single lot.
Section 94:241 : Parcel . "Parcel " shall mean all contiguous land which has
not been separatedbythe means described in Section 9-4.235 held in one own-
ership as indicated in the records of the County Recorder.
Section 94:242: Person . "Person shall mean and shall include 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 of the Town of Los Altos Hills .
S6dti6h *9 '4.'243 'PUblit Area Green. "Public Area Green" shall, mean any por-
tion of land within a subdivision which is reserved for the mutual use ofall
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 .
'Section'9-!*-4.*244. ' Public Utility. "Public Utility" shall mean private cor-
porations , or governmental jurisdictions authorized by law to establish and
mai'ntai'n any such works or facilities in, under, or over any public street,
easement or right-of-way.
Settibh '94.245.' -Reserve Strip. "Reserve ',Strip" shall mean 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
w1thtn the exclusive control cif-the City Council .
Section 9-4.246. Ri-g "' -of . "Right-of-Way" as used in this Chapter shall
include all or any par of
Waythe entire width of a road and/or street easement.
Sotti,oh '94:247.' 'Road. "Road" shall mean a way for vehicular traffic, whb-
ther designated as a road, lane, street, avenue, way, place, drive, cul-de-sac,
thoroughfare, or otherwise.
SeCtfoh '94:248.' ' 'Road; Arterial . "Arterial Road" shall mean roads which pro-
vi'de through traffic movement between.-areas and across the City, subject to
the necessary control of entrances, exits, and roadside use.
SbW6h '9 '4.*249.' Rbad, 'ArtOrial , HilTsi'de. "Hillside Arterial Road" shall
mean 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 percent
Soctioii '9-�4.250: ' Road; 'Collector. "Collector Road" shall mean a road which,
because of Its design- and location It :`fntermediate 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
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traffic- and carrying it to a thoroughfare.
Section 9-4.251 . 'Road,Collector, Hillside. "Hillside Collector Road" is 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 secon-
dary and major roads , and which traverses terrain where the average grade ex-
ceeds fifteen percent (15%) .
Secti6h '9=4.252. Road, Cul-de-sac. "Cul-de-sac Road" is any road having but
one outlet for vehicular travel , the terminus of said road being within the
subdivision, e'n dosed by parcels of land comprising lots or parcels of the
subdi:vi'sion, and having special facilities for the turning around of vehicular
traffic.
Section 9=4.253. Road, Cul-de-sac, Hillside. "Hillside Cul-de-sac Road" is
any road having but one outlet for vehicular travel , the terminus of said road
being wtthi'n the subdivision, enclosed by parcels of land comprising lots or
parcels of the subdi'visi'on, and having special facilities eor turning around
of vehicular traffic. Said road traverses terrain where,the average grade ex-
ceeds fifteen percent (15%) slope.
Sett16h '9-4:254. " Road, Dead ,End. "Dead End Road" is 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
(TI) from the property adjoining the subdivision.
Section 9;4:255. ' 'Road; Fire, -Emergency. "Emergency Fire Road" shall mean
any roadway designed expressly for use in the event of a fire and/or emergency
either of a man-made o� natural cause.
Sectf6h 9;4:256. Road; Local . "Local Road" is a road which, because of its
design -anal 'location with -respect to other roads, is used primarily for local
traffic or'access to the abutting property.
Sectfbh9=4.257. Road; Local , Hillside. ".Hillside Local Road" is 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 percent (15/) slope.
Section 9 '4:258. Road, Private. "Private Road" fs vrodd, way, place or
street in pr -vate owners gyp, not offered for dedication as a public road, w:ay,
place or street, which affords the principle means of access to one or more
lots or parcels which do not have frontage on a public street.
Section 9 .4.259. R6ad3Publi'c. "Public Road" is 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 improve-
ment security is in effect to improve the same. The term includes "city road",
"accepted road", "accepted public road", and "dedicated road".
Section 9=4.260. Roadway. "Roadway" shall mean that portion of a right-of-way
for a road intended to accommodate the movement of vehicles.
Section 9=4.261 . Shall . - "Shall " means an action which is mandatory.
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Section 9=4:262� 'Standard Specifications. "Standard Specifications" shall
mean such improveftient plans and specifications' as prepared by the City Engi-
neer, recommended by the- Planning Commission, and affirmed by the City Council
by Resolution.
Section 9=4:263: ' Street. "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-
4.247.
Sectioh*9=4:264: ' Subdivider. "Subdivider" shall mean any individual , firm,
association, syndicate, co-partnership, corporation, trust, or any other legal
entity, public, governmental or otherwise, who proposes to divide, does divide,
or causes to be divided, real property into a subdivision of land for himself,
for another, for itself, or for others .
Sect1bh '9=4:265: Subdivision. "Subdivision" shall mean and includes the di-
vis ion 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
nitor as conthguous 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 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.
Land shall be considered to be divided by either
(a) The filing of a Final Map or Parcel Map showing division into
lots, or parcels; or
(h) The sale, contract of sale, lease, transfer or other conveyance of
any portton of a unit or contiguous units in one ownership as shown on the
latest equalized Santa Clara County Assessment Roll , regardless of the manner
of land. descrtption and when purchased; or
. (c) 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
(d) Any other separation of land into legally discernible parcels.
Property shall be considered as contiguous units even if it is separated
by roads , streets, or easements. Any conveyance of land to a governmental a-
gency, public agency, or public utility, shall not be considered a division of
land for purposes of computing the number or.size of parcels.
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.
'Sectjon-9 4 '266 . Subdiyision 'Committee. "Subdivision Committee" shall mean
a Committee composed of the following persons or their designated representa-.
ti'ves: the' Cfty Engineer and the City Planner, employees of the Town of Los
Altos Hills, and one member of the Planning Commission as from time to time
designated by the Chairperson of that Commission.
sectio'94:267: , Water`Di`strict. "Water District" shall mean the Santa Clara
ala ;:_ 0y, Water District.
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ARTICLE III . GENERAL PROVISIONS.
Section 9-4:301 . ' 'Applicability. No division of land shall be made within
the Town of Los Altos Hills except in conformity with the applicable provi-
sions of this Chapter and the Subdivision Map Act of the State.
Section- 9-4.302. Interpretation. Whenever anprovisions
p ,y of this Chapter
andanY other provision of the Cit law, whether set forth in thi
s chapter
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or in any other law, ordinance, or resolution of any kind imposes overlap=
ping 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.
Section 9-4:303. 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, serv-
ing a new structure, -w.i;thin an area upon which a tentative subdivision map
has been filed, until the Final Map thereof has been recorded.
Sectioik'�-�4:304'. ' Deni-al 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 Official finds that develop-
ment 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 wM 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
be'en:app-11 6abl'e;to the division of the property at the time the current
owner of record acquired the property. Any decision of authorized City
Officials may be appealed as provided for in Article X of this Chapter.
Section 9=4:305. ` Waivers. The Commission may recommend and the Council
may grant a waiver of any or all of the provisions of this Chapter and the
Town Standards for any parcel which does not have an existing residence
and is not to be used for such purpose.
Whenever a waiver is granted pursuant to the provisions of this Section
the waiver shall be upon the condition that the inS'trument creating the divi-
sion of itself does not qualify as a buildable lot under the provisions of
this Chapter.
Section 9=4:306: ' Acts 'Prohibited: Sale of Lots. It shall be unlawful for
any person to offer to sell , finance, or lease, to contract to sell , finance
or lease, or to sell , finance or lease any real property which constitutes
a subd.i-v ision as defined herein or any part thereof, until a Final Map or
Parcel Map thereof, in full compliance with the applicable requirements im-
posed under the provisions of this Chapter and the Subdivision Map Act has
been duly recorded or filed in the office of the County Recorder.
'Section '9 '�4:307. \�bidability 'of Deeds or'Contracts. The provisions of this
Section shall not apply to the conveyance of any parcel or real property i-
dentffied in a certificate of compliance or identified in a recorded final
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I
subdivision map or parcel map, from and after the date of recording.
The provisi'ons.of this Section shall not limit or affect in any way
the rights of a grantee or his successor in interest under any other pro-
visions of law.
(a) Any deed or 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 heirs, personal repre-
sentatives , or trustee in insolvency or bankruptcy within one year after the
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 convey-
ance, sale or contract to sell is binding upon any successor in interest of
Y
the grantee, buyer, person contracting to purchase, other than those above
enumerated, and upon the grantor, vendor or person contracting to sell , or
hi's assignee, heir or devise.
Section '9 '-4:308. ' 'Recordation. No map of any subdivision shall be entitled
to Fe, 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 Re-
corder.
Seeti3On '9,;4:3(}q:_. Recording of'Violations. All City employees having know-
100. that re.al`property has. been divided in violation of the Subdivision
Map Act or of thts chapter shall report the same to the City Manager who
shall cause to be filed for record with the County Recorder a notice of vio-
latton, de'scrthtng the real property in detail , naming the owners thereof,
and describing the vi-olation(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 record a notice that the violation has closed. No-
thing in thus Section shall be deemed to require such recording as a condi-
tion precedent to the enforceability of any other provisions of this Chapter.
ARTICLE IV. PRELIMINARY MAPS AND CONFERENCES.
Secti6n9=4:401 : Purpose of Preliminary Map. The provisions of this Article
are to provide an advisory service t6' the' subdivider prior to his preparation
of a Tentative M;ap, and compliance or non-compliance with this advisory ser-
vice shall be discretionary with the subdivider.
Sectfoh*9=4:402.' 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:--Ar-
tfcle. Every person desiring to divide a parcel of land in the City into
two,--or more parcels shall use the procedures as set forth in this Article,
except as set forth in Sections 9-4.403 and 9-4.404. A Preliminary M;ap
shall not be considered for any purpose unless all the provisions of this
Article are complied with by..the subdivider
Se:ection 94:40.3: Maps: Preparation ; Except_ ons: Transfers of Land Between
Adia.ccnt Pro pertyAwrters. '-W ere land is to be transferred between adjacent
property owners forte purpose of enhancing the usefulness of one or both
of the adjacent parcels and will not result in a transfer of land that will
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increase the potential number of lots that might be subdivided, the provi-
sions of this Article shall be complied with; however, the filing of a Pre-
liminary Map may be waived by joint concurrence of the City Planner and
City Engineer, and a Tentative Map may be submitted upon said waiver.
Section 9=4:404: Maps : Preparation ; Four lots or Less. Wherever the
division of land shall create four 4 ots 6Fless, including parcels that
can be further subdivided , which meet the requirements of subsection (a) of
this Section, the requirements of a Preliminary Map and conference may be
waived jointly by the City Planner and City Engineer, and a Tentative Parcel
Map, as set forth in Article V, this Chapter, shall be filed which shall
meet all the requirements of the Subdivision on Ma
P Act and this Chapter andd
shall show all dedications or offers of dedication thereon.
(a) Exceptions: - 'FQur `6ts�or`Loss. The �p_roposed_=_-Lots _shal l-;;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 ex-
isting roadways, including widening to public use as needed to serve the pro-
posed lots.
Secti,ori '9;4:4Q5; Maps .- 'Preparation: Exceptions : Public Utility Sites.
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 fa-
cility 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 and City Engineer. The
uti•ltty company or district shall submit maps and other information suffi-
ce.nt to describe the essential features of the lands involved and the pro-
posed utfli•ty site or use proposed.
Secti.ori 9�4;406: Pr'e.limiriaPy Maps Requirred Information. Prior to the sub-
miss ton of a Tentative Map, the subdividers all submit to the Town a Prelim-
tnary Map, except as noted fn Sections 9-44.403' and 9-4.404(a) , and 9-4.405,
showing the information set forth in this Section and such other information
the sub Ovi-der deems sufficient to describe the essential features of the
property and the proposed,or contemplated uses and the design of the develop-
ment, The Preliminary Map shall be submitted in a minimum of eight (8) copies
to the Planning Secretary, and shall be accompanied by the required fees and
deposits as prescribed by the latest resolution of the City Council .
Scales shall be as determined by the following table:
AREA' IN 'ACRES ' SCALE OF MAPS
From To
0 1 .99 1 " = 20 '
2.00 9.99 1 " = 40 '
10.00 19 .99 1 " = 50'
20.QO + 1 " = 100'
Scales for irregular or odd shaped parcels shall be as determined by
the. City Engineer.
The said Preliminary Map shall contain the following information:
(a) The tract name if determined;
(b) The date of preparation of the map;
(c) The north arrow;
(d) The scale;
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(e) The names , addresses, and telephone numbers of the record owners
and subdtvtders;
(f) The name, address and telephone number of the person or firm who
prepared the map;
(g) Vicinity map;
(h) Name -of owner.(s), and amount ofa_ereage of:.adjacent properties ;
(i) Adjacent existing and proposedi�sdbdivisions ;
�8Streets within three hundred feet (300 ') of the proposed subdivision;
. Perimeter boundary line to scale;
(1) Unusual features of terrain, such. as rock outcrops , tree masses,
water courses , in and adjacent to the proposed subdivision;
(m) 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;
(n) The appropriate contour lines, contour intervals and the source of
contour information;
(o) The slope density calculations;
(p) Approximate number and location of lots ;
(q) The approximate location of existing streets , rights-of-way, grades,
and pavement widths ;
(r) The approximate location of proposed streets , rights-of-way, grades ,
and pavement widths ;
(s) Lot size, width and depth;
(t) Area of pvoposed lots or parcels to the nearest one-tenth (0.1 ) of
an acre;
(u) Acreage of the proposed subdivision to the nearest one-tenth (0.1 )
of an acre;.
(v) Existing and proposed trails and pathways , for, equestrians, pedes=
trians and bicyclists;
(w) Proposed and existing conservation easements ;
(x) Proposed and existing areas for public use(s) ;
(y) Location of existing wells , drains , channels , and other water pro-
ducin or carrying facilities within the subdivision; and
?z) Location of existing native and ornamental trees , including outline
areas of species of orchard trees ; and in addition, shall contain such infor-
Ma n
mation 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 hatched with a corresponding
legend indicator. Trees to be removed shall be appropriately marked by a sym-
bol set forth in the legend,
Where a subdivider proposes to subdivide a portion of a larger parcel , he
shall demonstrate how the proposed subdivision will relate to the future devel-
opment of the remainder of the original parcel being proposed to be subdivided.
Proposed street(s) location(s) and lot design shall be indicated.
Section 9-4.407. Prel-iminary Maps: Distribution. Within five (5) days after
the submittal of the Preliminary Map, the Planning Secretary shall transmit
copies of the Preli'nimary Map, along with accompanying data, to members of
th.e SubdINTston Committee, Health Department, Los Altos County Fire Protection
Dtatrict, and appropriate Water District, for review, and small send notices
to adjoining property owners'by-ma lfti'notice5.vby:::!'First Class" United States
mail to each owner of each parcel of property within five hundred feet (500 ')
of the boundary of the proposed subdivision , 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 subd iO-der or his representative at the time of the submission of the Pre-
ltminary Map.
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The City Planner shall schedule a conference to be held within twenty-
one (21) days after the submittal of a Preliminary Map between the Subdivision
Committee and/or agencies concerned, and the subdivider, to discuss the Pre-
liminary Map on the information and plans submitted. At such conferences the
Subdivision Committee and agencies , taking into consideration the provisions
of this Chapter, shall make such general recommendations , advice, or sugges-
tions as can be reasonably given by such representatives , based upon the in-
formation submitted, which shall be advisory only, and not binding upon either
party.
Sectibn '9=4.'408.' 'Prelimihar 'Ma s : ' 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 con-
strued to be suggestive only, recognizing the preliminary nature of the pro-
ceedings and shall not be binding on the Commission or the subdivider.
ARTICLE V. TENTATIVE MAPS.
Section 9-4.501 . Purpose.: The purpose of this Article is to provide a suffi-
cient' amount of accurate dafa in order to make the best decisions .possible re-
gardtng the development and improvement of lands within the City. Of over-
riding concern are the effects that the proposed development and improvements
will have on the General Plan and its respective Elements , and any specific
plans. Special concern and scrutiny will be paid to the relationship of the
subject property to surrounding properties. This comparison analysis shall be
performed from-both a current and a future planning perspective.
It is the intent of this Article to generate an accurate portrayal of how,
and to what degree, the proposed subdivision will alter the natural state of
the undeveloped lands . To the degree that the natural amenities , character-
istics, topography, vegetation and wildlife, are preserved, the probability of
acceptance of a given subdivision will be enhanced.
Section 9-4:502: General . The following procedures are hereby adopted for
the processing of all applications for permission to subdivide real property,
including Sections 9-4.502 (a�,. (b) , and (c) . 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 less than five (5) lots . Appli-
cations for subdivision map approval shall be in writing on forms as approved
by the Planning Commission and shall be accompanied by a Tentative Map or Maps ,
as hereinafter set forth, prepared in full compliance with the Subdivision Map
Act of the State and of this Chapter. 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:
(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
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forty (40) acres or is not less than a quarter of a quarter section.
Section 9-4:503. ' 'Preparation,'by ,Authorized Personnel : Conformance With Laws.
Tentative Maps shall be prepared by a--Registered Civil Engineer, or a Licensed
Land Surveyor, as registered and/or licensed by the State of California. Ten-
tative Maps shall be in full compliance with the Subdivision Map Act of the
State and of this Chapter. Tentative :Maps shall be clearly and legibly drawn
on tracing cloth or tracing paper of good quality and shall be twenty-four
inches by thirty-six inches (24" X 36") in size.
Secti6n '9=4:504: Process and Fees 'for'Filing'Tentatiye Maps . The subdivision
application, 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 or his 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 may require additional
copies for transmittal to other agencies.
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 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 all information, data, and maps required
by this Article.
Section '9=4:505: 'Time of'F�iling •for Tentative Maps. The time of delivery
of an application for subdivision approval , the Tentative Map, and all supple-
mental data and information shall not be construed to be the time at which the
same are delivered- to the City Planner or his authorized representative for
the purpose of filing as set forth in the Subdivision Map Act. The City Planner
shall examine the application, Tentative Map, and supplemental data and infor-
mation, -and shall not present the same to the Planning Commission for filing
until the City Planner determines all requirements for the filing of a Tenta-
tive Map are in full compliance with all the provisions of law and of this
Article, as to form and information required to be furnished therewith, or
shown thereon, and all required fees for- filing shall have been paid.
At the same time as the City Planner notifies the subdivider in writing
as set forth fn Section 9-4.504, he 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 fifty
(50) day limitation as set forth in the Subdivision Map Act shall commence
, en said Map and related information are accepted by said motion of the
Planning Commission.
Sectiorn 9�,4:506: ' 'Form'of Tentative Map and Accompanying Data. The Tentative
Map shall contaiin 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..subdivisi-on 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 Commi•ssf6n;
(3) The Tentative Map shall show properties on all sides of the proposed
subdivision, even though separated by a public or private right-of-way, the
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approximate areas in acres, last name of owner or owners, topographic features,
and all improvements on adjacent property located within three hundred feet
(300' ) of the proposed subdivision boundary. The applicant, for a fee as
established by City Council resolution, may'utilize existing Town data, in-
cluding but not limited to, four hundred 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 of California Licensed
Land Surveyor who prepared the Tentative Map. The Registered Civil Engineer
or Licensed Land Surveyor shall include his stamp, number, and signature;
(5) Locations , names, widths , centerline radii , and centerline grades
of all streets , roads , and other ways in the proposed subdivision with typical
cross-sections showing proposed improvements. Centerline grades shall be
shown by a profile, preferably referred tomean sea level datum as established
by the United States Geological Survey, -orto bench marks of the County Engin-
eer, or as established by the City Engineer. 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 , inclu-
ding frontage, depth , width, and area of each individual lot to the nearest
one-tenth (0.1 ) of an acre. Each lot shall have inscribed therein a circle
of one hundred sixty feet (160' ) in diameter;
(8) Slope density calculations on a form provided by the City Engineer,
to be signed by the subdivider's Registered Civil Engineer, or Licensed Land
Surveyor;
(9) An accurate Tentative Map of the land to be sO d vided . with existing
contours , at intervals of five feet (5') where the grade of any part of the
subdivision exceeds ten percent (10%) . With grades less than ten percent (10%) ,
the contour interval shall be two feet (2' ) or one foot (1 ' ) where necessary,
to describe the area. 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.. Bench marks for contours shall be so noted;
(10) Location, width, and character of all existing and proposed ease-
ments for drainage, water, sewage, pab_lic 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;
(11) 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 ;
(12) Approximate location and direction of flow of all creeks, streams,
and other water courses , showing type of existing banks and creek depths, with
a separate sheet showing cross-sections of all such creeks , streams, and water
courses, when such streams, creeks or other water courses are three feet (3' )
in &pth and/or the width is four feet (4' ) or more at the bed of the stream,
creek, or other water course, or as required by the City Engineer;
(13) Approximate distance, size and location of the nearest existing san-
itary sewer main line;
(14) Proposed tree planting, in gallon size, number and location;
(15) Buffer easements ;
(16) Conservat ,9,n,_easements;
(17) Slope control easements ;
18 Public or common green area proposed, if any, together with an
outline of the proposed restrictions ;
R9) Proposed street names ;
0 Existing wells , active or abandoned, and proposed disposition;
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j
(21 ) Provisions for flood control , if any, and sewage disposal , as pro-
posed by the subdivi-der;..
(22) Location of existing native and ornamental trees with trunks of
twenty inches (20") in circumference or larger, measured four feet (4' )
above the ground. 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 said map, and shall
be hatched with a corresponding legend indicator. Trees to be removed shall
be appropriately marked by a symbol , as set forth in the legend;
(23) Source of domestic water supply;
(24) Fire protection system, hydrants and the like, as recommended by
the Los Altos County Fire;Protection District;
(25) 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;
('26) A preliminary soils report, as may be required by the City Staff;
(27) Statement of the improvements proposed to be constructed or in-
stalled, approximate time when said improvements shall be installed, and the
approximate. date of their completion;
(28.) Tentative lot improvement plans as defined in Article VI ;
(29) 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;
(30) 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;
�31 Asses-sor`s- Parcel Number(s) ;
32) Existing and proposed equestrian, pedestrian and bicycle easements ;
(33) Ingress and egress easements ;
(34) 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;
(35) Any conditional exceptions to the provisions of this Chapter,
which the subdivider requests, with the justifications and reasons therefor.
Before preparing a Tentative Map, the subdivider and his engineer shall fa-
miliarize themselves with the subdivision design standards of the City, as
adopted from time to time by the City Council ;
(36) Where a subdivider proposes to subdivide a portion of a larger
parcel , he shall demonstrate how the proposed subdivision will relate to the
future development of the remainder of the original parcel . Should a subdi-
vider propose a subdivision which results in lots or parcels that are further
capable of subdivision, he shall demonstrate the probable maximum subdivision
within all parcels . For both the above-mentioned, proposed street(s) , loca-
tionsi, and the configuration(s) of lots shall be indicated on an eight and
one-half inch by eleven inch (8 1/2" X 11 ") clear transparency;
(37) A coded slope classification map showing all lands which have less
than ten percent (10%) slope, all lands which have a slope between ten percent
and twenty percent (10%-20%) , all lands which have a slope between twenty
percent and thirty percent (20%-30%) , all lands which have a slope between
thirty percent=:and forty percent (30%-40%) , and all lands which have a slope
in excess of forty percent (40%) . In addition, a separate coded roadway
and driveway grading plan in the 'same scale and legend as the slope classi-
ftcation map shall be required. Copies of both the slope classification map
and roadway and driveway grading plan shall be submitted on twenty-four inch
by thirty--six inch (24" X 36") sheets plus a-single eight and one half inch
by eleven inch (8 1/2" X 11 ") clear transparency for each sheet.
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Section 9=4.507: Required- Tnformation Exception. The Planning Commission
may require different or additional data from that set forth in this Article.
Section '9=4:508: ' Tehtative 'Map, Distribution of Copies . Upon acceptance for
filing, as set forth in* Section 9-4.504, the City Planner or his 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 th.e 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 subldivision:
(1 California Water Service;
(2l 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;
(t) One copy to the Los Altos County Fire Protection District;
(j) One copy to the Pathway Committee;
( ) One copy to the Chairman of the Planning Commission or his authorized
representative to the Subdivision Committee;
(l) One copy each to any other applicable agencies.
SOttf6h'9=4.509: Conference. The City Planner or his
authorized, agent; at the time of distribution of-the Tentative Map as set
forth- to Section 9-4.508, shall advise each of the public agencies , members
of the Subdivision Committee, and members of the public utility - companies af-
fected, of the date, time and place of a scheduled Subdivision Committee con-
ference. Such conference shall not be held less than fourteen (14) days nor
more than twenty-four (24) days after acceptance of the Tentative Map for fi-
ling. The City Planner or his authorized representative shall within not more
than fourteen (14) 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.
Not less than seven (7) days nor more than ten (10) days prior to the
Subdi,vi'sion Committee meeting, the City Planner or his authorized representa-
tive shall send notices to adjoining property owners within five hundred feet
(5QV) of the exterior boundaries of the proposed subdivision, advising of
the time, place, and date of the Subdivision Committee conference. Such no-
tices shall be mailed to the owner_�at the:address- shown.-for� such owner as
noted''on the last equalized tax assessment roll . All required names and
addresses shall be provided by the subdivider or his representative at the
time of submittal of subdivision application.
Section '9=4:5l'O. Subdivision Committee FUh ttions . The Subdivision Committee
conference shall address itself to the provisions of this Chapter, the General
Plan and its Elements , the information supplied 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 9-4.508, with respect
to the proposed subdivision. The Subdivision Committee may require others to
be present at the Subdivision Committee conference, should their knowledge and/
or skills be required.
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i
f ,
No action shall be taken by this Subdivision Committee except by a vote
of a majority of its members.
Five (5) working days following Subdivision Committee final review, the
subdivider shall deliver to the City Planner or his authorized agent, ten (10)
copies, and an eight and one half inch by eleven inch (8 1/2" X 11 ") clear, re-
produceable transparency of the Tentative Map of the proposed subdivision.
Said copies and transparency sheet(s) shall be in conformance with the Subdi-
vision Committee's recommendations .
Section 9-4.511 . Review of Tentative Map by Other Governmental Agencies . Local
agencies may make recommendations concerning proposed subdivisions in any ad-
joining city or in any adjoining unincorporated territory, provided such sub-
divisions are within three (3) miles of the exterior boundary of such local a-
gency. A ,local agency which desires to make recommendations concerning such
proposed subdivisions shall file with the City Clerk or his designated repre-
sentative a map indicating the territory in which it desires to make such re-
commendations .
The City Clerk or his 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 authorized representative transmit to the official
designated of such local agency, one copy of each Tentative Map of a proposed
subdi"vi"sion 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,;.mayy
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.
Any l.ocal agency receivin such Tentative Map shall make its recommendation
to the City within fifteen (15}g days after receipt of such map. The recommenda-
tions shall be taken into consideration by the City before action is taken
upon the Tentative Map,
Section 9-4.512. Territory Pending Annexation. Any subdivider may file with
the City a Tentative Map of a proposed subdivision of unincorporated territory
adjacent to the City. The Map, at the discretion of the City, may be acted
upon in a manner provided in Article II of Chapter 3 of the Subdivision Map
Act of the State:"and in accordance with this Chapter, except that if it is ap-
proved, such approval shall be conditioned upon annexation of the property to
the City, within such period of time as shall be specified by the City, and
such approval shall not be effective until annexation of such property to the
Ctty has been completed. If annexation is not completed within the time spe-
cified, or any extension thereof, then the approval of such Tentative Map by
the City shall be null and void. No subdivision of unincorporated territory
maybe affected by approval of a map by the City, unless annexation thereof
to the City is completed prior to the approval of the Final Map.
Sect16n "9=4:513: " St,,ate -De artnent of'Trahsportation . The State Department of
Transportation may file with t e City Clerk a map or an amended map of any
territory within one (1 ) 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 Commission.
The City Clerk shall issue a receipt for the territorial map and there-
inafter shall transmit to the local district office of the Department of Trans-
portation, within three (3) days after the receipt thereof, one copy of each
Tentative Map of any subdivision located wholly or partly within the territory
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i,
I
outlined on the territorial map.
The Department, upon receiving a copy of the Map, within fifteen (15)
days after receipt thereof, will make recommendations to the City in connec-
tion therewith regarding the effect of the proposed subdivision upon such
highway or highway route.
Section 9-4.514. Planning Commission Procedures , Time and Notice. The City
Planner or his authorized representative shall within five 5 days after the
Subdivision Committee final review, place on the next regular meeting 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 ex-
tended by mutual consent of the City Council and the subdivider, and not less
than three (3) days after the delivery to the subdivider of the report of the
Subdivision Committee meeting.
Whenever a public hearing is in order, pursuant to the Subdivision Map
Actor this Chapter, notice of the date, time and place thereof, 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 day. period. In any case involving a request for a conditional excep-
ti,on, the exception shall be specifically noted and described in the notice.
Notices of such public hearings 'shall be given as follows:
(a) By posting the notice i'n at least three (3) public posting places
fn the City; and
(b)_ By posting notices thereof for not less than five hundred feet (500 ' )
at approximately one hundred foot (100' ) intervals from each boundary of the
proposed subdivision along the road(s) upon which the property abuts or from
an access road or way to property not having public road frontage; and
(c) By mailing notices by "First Class" United States mail to each owner
of each parcel of property within five hundred feet (500' ) of the exterior
boundary of the proposed subdivision , said notice to be addressed to the owner
at the address shown for such parcel as noted on the last equalized tax assess-
ment roll . All required names and addresses shall be provided by the subdivi-
der or his representative at the time of filing of the Tentative Map.
Section 94:515; Actions by�the,,A anninq Commission . The Commission shall
determine whether the Tentative Map is in conformity with all the provisions
of the Subdivision Map Act and of this Chapter and, upon that basis , shall
within fifty (50) days after the filing of the Tentative Map take one of the
fol lovi'ng actions :
(a) Recommend approval with or without conditions and/or exceptions ;
(b) Continue deliberation with the written concurrence of the subdivider;
c Recommend disapproval ;
d Recommend disapproval without prejudice:
(1) Under this action, '�uhe subdivider may re-submit his 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 withaut prejudice shall , be returned to the subdivider..
T'he"action.4of<the Pl:anni:ng. Commi!ssio,n :shall.-5e:-clearly:.-,end*d ' -.on the
face'of`the .Tentative Map .'-byCthe.:Chai,rperson :of"th.e P1anni:n.g.;Commi.ssi.on, .as
s.o directed: by a.ction;:of'the- Pl.anni.ng:':Commiss.i.on. If .no action is taken by
the. Planning Commission within the fifty (50) days after the filing of the
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i
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 ap-
proval .
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 excep-
tion is necessary for the preservation and enjoyment of the substantial pro-
perty rights of the owner or his 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 sub-
division is located, the Planning Commission may recommend for City Council
consi-der.-ationf;conditional exceptions to any of the design or improvement re-
quirements of this Article. In recommending any exceptions to the City Coun-
cil under the provisions,,of.this Article, the Planning Commission shall re-
port 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.
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 permanent-
ly on file by the City.
The Planning Commission shall not recommend approval of any Tentative
Map unless it shall first find that the proposed subdivision, together with
provisions for its design and improvement, is consistent with the General
Plan and its Elements , and any:,sp' *f _c :pl,an��appl i cabl e-ther,-eto_ and shall
recommend denial of the said Tentative Map in the event it makes any of the
findings as set forth in Section 66474 of the Government Code, to wit:
(a) That the proposed Map is not consistent with a-pplicable General
Plan and specific plans ;
(b) That the design or improvement of the proposed subdivision is not
consistent with applicable General and specific plans ;
(c) That the site is not physically suitable for the proposed density
of development;
(d) That the design of the subdivision or the proposed improvements are
likely to cause substantial environmental d`*age or substantially and avoid-
ably injure fish or wildlife or their habitat;
(e) That the design of the subdivision or the type of improvements are
likely to cause serious public health problems ;
(f) 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 judgement of
a court of competent jurisdiction and no authority is hereby granted to the
City Council to determin6e t the .publ:ic=-at°>.7arge'=has-lacqu red. easements for
acces ..through or use of property within the proposed subdivision.
Section 9-4.516. Planning Commission Advisory Report. The Planning Commission
shall make itis written report 'on the T tneT ative Map to the City Council within
fifty (50) days after the filing thereof, through the City Planner or his auth-
orized representative., unless by mutual agreement between the suhdivider and
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the City Council an extension of time- is requested and approved. When -noon
environmental impact report or negative declaration is required for the pro-
posed subdivision, the Tentative Map shall not be considered as having been
filed, for purposes of this Chapter, until preparation of the negative decla-
ration or certification of the Environmental Impact Report (EIR) by the City
Council .
Section 94.517.' ' AOpOal 't6'the 'CiU:Council . The subdivider may appeal any
action -of-the Planning Commission .with respect to a Tentative Map to the City
Council .
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 X of this
Chapter.
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 hear-
ing, the City Council shall render its decision on the appeal .
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 lag-t,.,-,4approvo.d,--,orccQqditi:onally.-ap-
proved by the Commission, and it shall be the duty of the City Clerk to cer-
tify such approval .
Secti,oh 9-4.518. 'City Council Action. In,the event the Planning Commission
re-commends the approval or conditional approval of the Tentative Map, five
(5) coptes thereof with the'certificate of approval or conditional approval
by the Planning Commission shown thereon, together with the Planning Commis-
sion report, shall be filed with the City Clerk, to be placed upon the next
regular meeting agenda of the City Council . At the abovementioned meeting,
the Council shall fix the meeting date, time, and place, at which the Tenta-
tive Map will be considered; said date shall be within thirty (30) days after
thismeetfng. The City Council shall approve," conditionally approve, disap-
Prove.,I or deny without prejudice the Tentative Map within said thirty (30)
day period. The City Council . shall also take action on any and all condition-
al exceptions that may accompany the Tentative Map.
The . determination of the Council after the hearing upon the Tentative
Maptsh611--Be I-,-,trahsmitted to the City Planner, and shall , if there has been
approvalor 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.
Skti'6h *9 '4.'519. 'Expiration and Extension of Tentative Map. An approved or
conditionally approved Tentative Map' shall expire twelve 2) months after
its approval or conditional approval .
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. Upon written application of the sub-
divider, filed thirty (30) days prior to the expiration date of.-the approved
or condittonally, approved Tentative Map, the City Council may extend for the
acceptance of a Final Map for a period or periods not exceeding an additional
eighteen (18) months. The application shall state the reasons for requesting
the extension, In granting the extension, new conditions may be imposed and
existing conditions may be revised.
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t
ARTICLE VI . TENTATIVE LOT DESIGN AND DEVELOPMENT PLANS.
Section 9-4.601 . Purpose. The purpose of tentative lot design and develop-
ment plans-is insure that prudent and farsighted engineering, planning,
and building concepts are applied to all lands for which subdivision is sought.
The City recognizes that subdivision is not an end in or of itself, and that
improvements to the lots and parcels which are the result of subdivision are
more representative of final land development. To this point, tentative de-
sign 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 essen-
tial site development perequisites that permit the inclusion of human habi-
tation and enjoyment in previously undeveloped areas with minimal overall
di's'ruption to those areas .
Sectioh '9=4.602. General . All lots or parcels shall be designed so as to
take maximum advantage of, while still preserving, the basic natural charac-
teristics 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 probably types of improvements,
access, support facilities , minimal alteration of topography, protection of
mature vegetation, and the retention of existing natural drainage courses .
Section 9 '4:603. Preparation of, Tentative Lot Design and Devleo ment Plans .
Tentative lot design and development plans will be required as specified
in Article V 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.
Should the abovementioned public official's 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 ac-
complish, to their satisfaction, these stated objectives . Whether the ten-
tative 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 V 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 one hundred sixty foot (160' ) diameter
circle inscribed totally within its boundaries . Said circle shall have its
general location determined by the following:
(1) Said one hundred sixty foot (160 `i) 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 driveways serving single lots. All common driveway
widths for vehicle use shall be a minimum of twelve feet (12 ' ) ;
(2) Said one hundred sixty foot (160` ) 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
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I �
drainfield `by 'the, Santa Clara'.County..Health:=Department°'_prior to sub-
mi ssi'on of_the Tentative ,Map to,tF e-:-P1 ann:i ng� Commi ss i on.;.:,:; ...
(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 foot
(160`) diameter circle detailed in Section 9-4,603(a) , --the subdivider shall
designate by symbol and legend the type of foundation design (as defined
herein) which would resultJn. the least amount of contour alteration to the
lot caused by grading for the installation of a primary dwelling.
0 Type I - "T" or pier-and-grade-beam foundation, to be con-
structed 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 percent (14%) natural slope
shall be required to have a Type II designation.
(c) 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;
(d) Gross and net acreage of each individual lot to the nearest one-
tenth (0.1 ) of an acre;
(e) A number for each lot, approximate dimensions of each lot, including
frontage, depth and widthl
(f) Tentative lot design and development plans of the lots , with exist-
ing contours at intervals of five feet (5' ) , where the average percent slope
of the -lot exceeds ten percent (10%) : With average percent slopes less than
ten percent (10%) , the contour interval shall be two feet (2 ' ) or one foot
(l ') where necessary to describe the area. The tentative lot design and de-
velopment 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;
(g) Location, width, and character of all existing easements for drM n-
age, water, sewage, public utilities, together with the location and approxi-
mate dimensions of any existing buildings and structures with the uses thereof
if they are not to be removed in the development of the subdivision;
(h) Locations, names and right-of-way widths of all adjacent streets
and roads, both public and private, including the type of pavement and the lo-
cation fn relation to the right-of-way lines;
(i) Approximate location and direction of flow of all creeks, streams ,
and other water courses , showing type of existing lands and creek depths, with
a separate sheet showing cross-sections of same, if so required by the City
Engineer'l
(j) Proposed tree planting in gallon size, number of plantings and lo-
cations;
(k) Conservation easements ;
(1 ) Buffer easements ;
(m) Slope control easements ;
N(n Public or common green area proposed, if any;
o Proposed street names ;
(p Existing well , active or abandoned, and proposed disposition;
(q) Provisions for flood control , if any, and sewage disposal as pro-
posed b the subdivider.;
(r� Location of existing native and ornamental trees with trunks of
twenty inches (20") in circumference or larger, measured four feet (4' ) above
ground. Rows of trees may be shown by centerlines . Clumps of trees may be
shogun by outline with the number of such trees indicated. Trees in concentra-
ted areas shall be appropriately marked on the said map, and shall be hatched
with a corresponding legend indicator. Trees to be removed shall be appro-
- 24 -
priately marked on the said map,by. a symbol as set forth in the legend;
(s) Fire protection system, hydrants and the like, as may be recommended
by the Los Altos County Fire Protection District;
(t) 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.
Seetion '9=4.604. Lot*Si2e and'Requirements. The area of each parcel or lot
shall be sufficient to include the house, together with required setbacks;
adequate space for access and off-street parking; and any necessary cuts and
fills.
The provisions of this Section are minimum requirements for lots or par-
cels used or intended to be used for primary uses. Other laws of the Town
may impose standards requiring substantially larger parcels, thereby reducing
the number of lots possible in a subdivision.
(a) Minimum'parcel 'or lot area. No parcel or lot shall have a net area
less than one' (1 ) acre-, 43,560 square feet) .
(*b) ' 'Slbo6'densit 'i0 uirements. In addition to the requirements of one
(1 ) acre (43,56Q square feet)., the average area of parcels or lots created in
any subdi'vi'sion after October 3, 1968 shall not be less than the following:
(1) Where the avera a slope of the parcel to be subdivided is
.?-4r'5-%) ,
eater than ten percent 0 0%Y but not greater than forty-five percent
the average net area of the lots within the subdivision shall
not be less than "A" as determined by the following formula, where "S"
is the average slope of the parcel in percent as determined by Section
9-4,204:
A = 1 .
1 - 0.02143 S-10
Ui,�_
(2) Where the average slope of the parcel to be subdivided is
greater than forty-five percent (45%) , the following provisions shall
be adhered to:
(i) The number of lots and average net lot area 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 Section 9-4.102.
(i'i) In no case shall the average net area of the lot(s)
or parcel (s) withi-n the subdivision be less than the area required
by- the provisions- of subsection (b)(1 ) of this Section for a slope
of forty-five percent (45%) .
(tlf) Any portion or portions of a parcel to be subdivided
which have an average natural slope greater than forty-five per-
cent45% may be assigned an average slope of forty-five per-
'45%) for the purposes of computing the average slope of the
cent �
entire parcel .
(3) Any proposed lot which is large enough to be further subdivided
pursuant to the provisions of subsections (1} and (2) of this Section
shall be excluded i,n computing the average slope and average net lot
area tri the balance of the subdivision.
(4) It is intended that the flexibility in individual lot sizes
permitted by the provisions of this Chapter shall be used for the pur-
pose of maximizing the inherent usefulness of each lot as a superior
building site and in adjusting the overall subdivision to natural condi-
tions, terrain, and the surrounding neighborhood. The Planning Commis-
sion shall review, the size of individual lots or parcels to determine
compl i'ance with this intent.
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(5) Once a final subdivision map has been recorded for a subdi=
vision, lot lines shall thereafter not be altered as to allow a greater
number of lots in that subdivision than the maximum permitted by the
provisions of subsections-;!of subsections (1 ) and (2) of this Section.
Lots not included in the total net acreage used in determining average
lot area, as provided for in subsectionJ(3)' of this Section may be fur-
ther divided subject to the provisions of this Chapter and other laws
of the City.
(c) The following shall be exempt from the minimum parcel area require-
ments even though less in area than required by the provisions of this Chap-
ter and may be used by the owner of the parcel or his successor in interest
as a site for a primary dwelling providing all other regulations are complied
with:
(1) Any parcel which was under one ownership prior to February 7,
1973, and which was established in full compliance with the subdivision
r.egul�ation!' Yi`n_�fo.rce�and,-effecte_pat'lthe time sucheparc.elcwas .created as,,,-.-
a
s -a separate parcel
(2) Any lot in a subdivision recorded subsequent to February 13,
1945; and
(3) An exception shall be permitted in a subdivision creating not
more than three (3) lots where the original parcel was formed prior to
the incorporation of the City. In such event, the area may be computed
from the existing right-of-way', except where the existing right-of-way
is less than forty feet (40' ) . Then the area shall be computed from a
line twenty feet (20 ') from the center line of the existing roadway.
(d) 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.
(e) Where difficult terrain or other unusual conditions exist, lots lar-
ger 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, topo-
graphy, 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.
(f) All subdivisions shall result in the creation of lots with adequate
building sites which are capable of being developed or built upon while re=
taining 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 water courses , periodic flooding, earth movement,
size, shape or other physical conditions.
(`g) Lot lines shall be placed so as to create usable building sites , per-
mit the accommodation of sites to the natural terrain and vegetation, and
afford access to building sites without requiring excessive grading.
(h) 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.
(f) Panhandle lots, those which include a strip of land or easement used
primarfl.y l�or 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
di`vi'sion 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 feet (25' ) in width. The panhandle portion
of the lot shall be included in the net acreage only to the extent that the
one hundred sixty foot (160 ") diameter circle can be placed within the panhan-
dle and yet remain within the confines of the property lines. .
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t
Si
Section 9-4.605. 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 feet (25 ',) 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 feet (10' ) serving a single residence.
If the length of the corridor is over one hundred and fifty feet (150 ' ) the
improved width must be at least sixteen feet (16 ',) , unless an improved turn-
out eight feet (8') in width by twenty-five feet (25' ) in length is provided
at-=intervals of not more than one hundred feet (100' ) . When corridors are
combined, the total access width need not exceed thirty-five feet (35' ) if
each parcel or lot has a right of access over the corridor of the adjoining
lot or parcel . The total improved width shall not be less than twelve feet
(129 . if the corridor is over one hundred and fifty feet (150' ) in length,
improved turn-outs eight feet (8') in width by twenty-five feet (25' ) in length
shall be provided'at intervals of not more than one hundred feet (100') , de-
pending 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 pri-
vate right-of-way in an effort to minimize the amount of grading to the native
site and subsequent paving.
Section 9-4.606. Off-Street Parkinq. Where all roadways, both public and pri-
vate, in the Town of Los Altos Hills are designed and constructed for the pur-
pose of the movement of vehicles only, each lot or parcel shall provide unob-
structed off-street parking for four (4) vehicles including parking provided
in garages and carports . Each space shall be not less than nine feet wide by
twenty feet in length (9 ° X 20').. Driveways , when of sufficient width, may be
used to provide for this parking.
Section 9-4.60.7, Free Removal . Trees shall not be removed which are larger
than twenty inches ' 20" in circumference measured at a point four feet (4' )
from the ground. Exceptions:
(a) Trees of the abovementioned dimensions are to 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 drive-
ways and/or parking areas.
Wt ' (1 ) Trees removed for the abovementioned reasons shall be replaced
at a ratio of two new trees for every one removed (2:1) . New trees shall
be punted;wl thi n,thusr, ght ,of�wayr easement ,or,wi th n the.setback l i;nes
;of adjacent, 1ots;�exact location and species to be determined;bythe ;Ciay
;Planner ,;ns:The size of_ therreplacementtrees,shall not be,;smaller:athan ;the
,standard ,1'i'we (5) ga�1on size.
%s eased or dead trees removed in order to facilitate the above-
mentioned reasons need not be replaced when evidence is submitted in wri-
tfng by a recognized tree surgeon-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.
ARTICLE VII . ROAD DESIGN STANDARDS.
Section 9=4:701 : PurpQs'e. The purpose of this Article is to establish basic
roadesign s an ar s t at seek to balance the necessity for safe roadways which
- 27 -
provide adequate immediate and long term circulation while simultaneously
causing the least modification to the native state of lands. Adherence to
the standards contained herein ,. 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
i,n planning and engineering design so that the transitional development of
"raw land" to improved rural neighborhoods is accomplished with minimal dis-
ruption of the natural terrain throughout all development stages .
Seeti6ri,�4=4.702. - 'Street'Design Considerations . The following factors shall be
considered in the design of streets in all subdivisions:
(a) S'i'ze and shape of lots ;
(b- Topography
�c Volume of traffic;
d Aesthetics and preservation of natural attributes;
(e) Driveway access;
(f) Fire protection and emergency vehicles ;
�g) Drainage; and
h) Roadway related structures.
Sectibh'9 '-4.703. 'Rt,q ts;of-wa . Rights-of-way widths both public and private
sFETFbe as set forth elow-. 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. Rights-of-way shall be of sufficient width to include
the fol 1 owing
(a) Suffici-ent space for cutsand fills unless slope easements are pro-
vi,ded in addttfon to the uniform right-of-way width. Where cuts attain ten
feet (_W') fn height, or fills attain eight feet (8' ) Tn height (maximum cut
and fill permitted) , the right-of-way or slope easement shall clear the top
of cut or the toe of fill slope by at least six feet (6' ) ;
(b) Space for all required street improvements such as pavement, gutter,
paths, shoulders and drainage structures and appurtenances ;
(c) space for all public utilities;
(d) Minimum rights-of-way widths shall be as follows :
!Ype 'of Road Minimum Right-of-way
Arterial Road Sixty feet (60'
�t )
Arterial Road, Hillside S ,'.:feet (60' )
Collector Road stxty.feet (60' )
Collector Road, Hillside Siit.y. :. eet (60' )
Local Road Forty-five feet (45' )
Local Road, Hillside Forty-five feet (45' )
Cul-de-sac Forty feet (40' )
Cul-de-sac, Hillside Forty feet (40 ' )
Fire or Emergency Road Variable
(e) Re uired'Easements ; Where a cut ar fill road slope is outside the
right-of-way of a road, a s ope control easement may be required of sufficient
width to permit the maintenance of the slope upon the recommendation of the
Clay Engineer.
Sectlon. -9,4:704� Types of-Road -Design . All roads shall be so designed as to
gra es',- in ersec ions , and approac es , that traffic hazards are minimized in
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i
keeping with the accepted traffic engineering standards and to the satisfac-
tion of the City Engineer.
(a) Solit 'Leve1,, 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 subdivider, the use of split
level , one-way streets will result in a more efficient use of the existing ter-
rain, 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 pull-out parking stalls , adequate to contain two (2) vehi-
cles, samesh_Tl' 'kbe eight feet wide by fifty feet in length (8' X 50' ) . Road
way rights-of-way in hillside areas shall provide adequate space for safe ve-
hicular movement, driveway approaches, pathways , utilities and roadway- cuts
and fills. Exceptions to minimum rights-of-way set forth above may be approved
when sufficient evidence is presented to justify such modification.
Where roads are so constructed that cut and fill banks are not wholly
within the right-of-way lines , such cut and fill banks shall be designed so
that they do all of the following;
C1Permit the development of abutting lots as building sites; and
(2? Protect the road and the abutting property against slides and
settlements, a1.1 in a manner satisfactory to the City Engineer.
(b) ' 'Cul=de=sic Streets . Cul-de-sacs normally shall not be more than fif-
teen hundred feet 1500 ' measured along the center line of the cul-de-sac,
from the center line of the main road to the center of the turn-around area,
unless topographic conditions justify the use of longer cul-de-sacs. In cases
where the length ,of cul -de-sac is greater than one thousand feet (1000' ) , there
shall be provided standard emergency pull -out parking areas, adequate to contain
two (2) vehichles. The space shall be eight feet wide by fifty feet in length
(81 X 50') , not to exceed intervals of five hundred feet (500' ) on straight sec-
tions, and may be required at each end of every blind curve. Cul-de-sac rights-
of-way shall terminate in turnaround areas having a minimum radius of forty
feet (40 ' ) ;' measured at the property lines, or "hammerhead" as depicted in the
City Standards.
(c) Orie=way Loop"Streets . Where one-way loop streets are used, emergency
pull-out areas shall be provided at intervals not to exceed five hundred feet
(500') on straight sections , and may be required at each end of every blind
curve. Each emergency pull -out area shall measure eight feet in width by fifty
feet in length (8' X 50').
(d) Wherever pull-out -areas are required, the design shall consider the
combining of the pull-out areas with driveway accesses of the adjoining pro-
posed lots immediate to the pull-out area. Where such a design application is
uttli'zed, the pull-out area shall not be used to satisfy the off-street parking
requirements -as defined in Section 9-4,605.
('e) ' Diyi'ded'or'Stepped 'Roadways. 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 subdi-
vider shall . consider a divided or "stepped" roadway. Cross connections or ties
may be required to be constructed�at intervals not to exceed five hundred feet
(5001) . The width of right-of-way for a divided or "stepped" roadway shall be
sufficient to in a minimum pavement width of twelve feet (12') 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 of Los
Altos Hills .
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i (
Divided or "step ed":-.roads shal.0 be-se arated b a cut or fill slope not
P.P P Y P
less than two horizorital' to one vertical (2!'1 ) . Special devices will be con-
sidered 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 (3/4:1 ) , provided that
the entire device can support 1andsca inq over eighty percent (80%) of its
surface area, and that the vertical facade of all or any part of the device
� shall not be 'n excess of three feet 3 in height.
1 h ( ,) h g
Emergency pull-out areas shall be provided approximately at five hundred
foot (500-9,i-intervals , to be located midway between cross-overs when provided,
on straight sections , and may be required at each end of every blind curve.
Each emergency pull-out' area shall be adequate to contain one vehicle. The
space shall be eight feet in width by twenty-five feet in length (8' X 25') .
Wherever pull-out areas are required, the design shall consider the com-
binati.on of the pull-out area with driveway accesses of the adjoining proposed
p Y 9 P P
lots, immediate to the pull-out. Where such a design application is used, the
pull-out area shall not be used to satisfy the off-street parking requirements
as defined in Section 9-4.606.
(f) * 'Dead ei
percent (15%) on any other street ; or twenty percent (20%) if no other method
is practicable because of topographJcal conditions or other exceptional condi-
tions, and if consistent with good engineering practices. Streets having grades
between ten and fifteen percent (10%-15%) shall in no case exceed five hundred
feet (500' ) in length measured along the centerline. Streets having grades be-
tween sixteen and twenty percent (16%-20%) shall be not more than three hundred
feet (300' ) in length between points of intersection of adjacent grade lines .
Grades in excess of twenty percent (20%) shall not be permitted. The
grades of all streets shall be kept as low as possible, bearing in mind the ad-
vantageous development of the property.
Section 9-4.707. Street Corner Cut-Off. At each intersection between two (2)
streets,-the property lines shall be rounded with a curve having a radius of
not less than twenty feet (20' ) .
Section 9-4.708. Street Intersection Angle. The angle of intersection between
streets , roads , avenues or anes sha not vary more than twenty degrees (20°)
from a right angle,
Section -9=4.709. ' ,Street Alignment. Unless otherwise approved by the City
Engineer' an concurred with by the Planning Commission , the center lines 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 one hundred fifty feet (150') ,
Secti6h ,9=4.71.0: Turning Circles. Turning circles at the end of cul-de-sac
streets shall have a roadway radius of not less than thirty-two feet (32')
and a right-of-way width of forty feet (40' ) , except that in mountainous or
hillside areas the roadway radius may be reduced to ,twenty-two feet (22' ) , and
the right-of-way radius to twenty-eight feet (28' ) . Alternate designs such as
hammerheads for turning or reversing direction may be used in lieu of the turn-
ing ci'r'cle, as depicted in the City Standards and approved by the City Engineer.
Section 9-4.711 . Reserve Strips. Reserve strips controlling the access to
public ways shall not- be approved unless such strips are necessary for the pro-
tection 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 exclu-
si've -control of the City Council .
Section '9=4:712. Dedication of Roadways. Exceptions. All roads shall be of-
fered for dedication to the City; provided, however, roads meeting al-1 of the
following requirements need not be dedicated to the City and may be privately
owned and maintained: `
(a Such roads shall -provide access to no more than five (5) lots;
(b� There shall be substantial assurance that in the future such roads
will not be extended, or parcels served by such roads will not be divided, so
as to cause such roads -to provide access to more than five (5) parcels;
(c) Such roads shall be cul -de-sac roads.
ARTICLE VII. SOILS REPORTS.
Secti6n '9'=4.*KJ: Pur bse. The purpose of this Article, aside from being man-
ated by Secti,ans 66490 and 66491 of the Subdivision Map Act of the State, is
to ensure that any improvements constructed within the City will not be sub-
ject' to premature deterioration or collapse due to the failure to adequately
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{
analyze, evaluate and mitigate for soils and soils-related conditions. It
is for the express purpose of the protection of life and personal and public
real properties that this Article is written.
Section 9-4.802. Prelimrnary Soils Re ort. 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 of
California and whose main field of practice is soils and foundation engineering.
(a) Said soils report may be in letter form without benefit of test
borings or excavations.
Section 9=4.803. Exception 'to the Requirement for a Preliminary Soils Report.
The preliminary soils report may be waive if the' City Engineer, with the
concurrence of the Planning Commission and the City Council , determines that
due to the knowledge he or his staff has as to the characteristics and pro-
perties of the soils within the proposed subdivision, no preliminary analysis
or report is necessary.
Section 9=4:804. Final, Soils 'Report A final soils report shall be prepared
by a licensed civil engineer registered as such by the State of California,
whose main field of practice is soils and foundation engineering.
(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 has determined that the final
soils report fs acceptable, complete with the applicable and remedial condi-
tions 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.
Sectioh 9=4.;.805 ; Exception to,- the Requirement for 'a Final Soils Report. A
final soils report may be waived by thb- City Engineer, with the concurrence
of the Planning Commission and City Council , if he shall have determined that,
due to the knowledge he or his staff has as to the characteristics and proper-
ties of the soils within the subdivision, no final analysis or report is ne-
cessary,
Sectift \91,- V6,\ 'Variance Between Preliminaafy and 'Rhal Soils\Report. If
the UtY ngiNee`r` determinesthat there' are differences between' the preliminary
and final reports and ff the differences are of such magnitude the City Engi-
neer 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.
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t ,
ARTICLE IX. GEOLOGIC REPORTS.
Section 9=4;901 ,\, `PLwpose. Due to the City's proximity to the San Andreas
Fault and the fact that the City itself contains a number of named and un-
named 'faults and fault traces , -.geological considerations for any proposed
improvements within the City shall `be acknowledged and addressed as a pre-
equisite to development.
The purpose of thi,s -Article is to ensure that any improvements construc-
ted within the City 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 pr6tection of life and personal and
public property that this Article is written.
Section 974.902; Final Geological Roport. A final gelogical report shall be
prepared'by an Engineering Geologist' lensed by the State of California.
(a) Sand 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 subdi-
vistbn as well 'as public facilities .
(c) The final geological report shall be completed and submitted to the
Ctty'Cologi'st 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 CGTerk`lfor Council action until he has received written notification from
the City Geologist that he accepts and approves the geological report"and app - .
plicable 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 con
ditionally approved with the requirement of the submission of an acceptable ge-
ological report to the City Geologist.
Section 'R�4:9C3, Exception to the Re uirement 'for a Final Geological Report.
A final geological report may e waivedby- the City Geologist, with the con-
currence of the Planning Commission and the City Council , if he shall have
determined that, due to the knowledge he or his staff has as to the geologic
characteristics of the land within the subdivision, no final analysis or report
is necessary.
ARTICLE X. APPEALS.
Stion:9`4:`1001 :
ec 'Aope�a`I s. Appeals may be made from any recommendation, de-
ctsion , determination , or requirement of the Planning Commission or authorized
City Official , by filing a notice thereof in writing, accompanied by the stipu-
lated fee and deposit, with the City Clerk within fifteen (15) calendar days
after such decision or determination or requirement is made. Such notice shall
set forth in detail the action and grounds upon which the subdivider or any
other party deems himself aggrieved.
Section 94:1002. Report. The City Clerk shall report the filing of such no-
tice 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.
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Section 9-4.1003. Actibh'b 'Council *bh A 'peal . The City Council at its next
regular meeting following the filing of the appeal , or within thirty (30) cal-
endar days following the filing thereof, shall set the appeal for hearing to
be held not more than fourteen (14) days thereafter and such hearing may for
good cause be continued by order of the City Council . Upon the hearing of said
appeal , the City Council may overrule or modify the decision, determination or
requirement appealed from or refer it back to the Planning Commission for fur-
ther 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 pur-
pose of this Chapter shall be final .
ARTICLE XI. IMPROVEMENTS.
Section 9=4.1101 . Purpose. The City Council hereby finds that definative
purpose for all improvements that would be applicable to every proposed sub-
division 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 consi-
dered 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 sub
-
dtvishon, achieve the following objectives:
(a) Provide for the health , welfare and safety requirements of the fu-
ture 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 accommo-
dated Frith 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 improve-
ments, designed for the subdivision;
(d) Insure that the construction of all improvements will result in
mi'ntmal. disruption to the land from its natural state;
(e) Insure that all improvements are accomplished at no expense to the
City, 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 iden-
tified as to prevent any boundary and/or ownership discrepancies within the
subdivision;
(g) Insure that the transition from "raw land" to a subdivision, to im-
proved 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 im-
provements are visually unobtrusive and in keeping with the rural qualities
of the City.
Section 9=4.11OU2 ' Improvement Plans. A subdivider shall cause plans , pro-
files, and calculations where applicable, for all improvements to be prepared
by a Registered Civil Engineer, in accord with the design and improvement stan-
dards of this Chapter, which plans and profiles shall be submitted to and ap-
proved in writhing by the City Engineer prior to the commencement of improve-
ment 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
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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 1,eng-hs, sizes, grades and types of all pipes , culverts
and other structures ,
Secttoni .9� 4.1103. '-Improvement Design Standards. All applicable improvements
shall 'be a occa mplished in accordance with the Standards set forth in the fol-
lowing 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 aan be examined by the
public in the office of the City Engineer, Town of Los Altos Hills.
Section 9-4,.1104. Im rovement Costs. The subdivider shall be required to ac-
compllsh all" I.mprovements °wia in the subdivision at their own expense unless
otherwise speci'fi`ed by this Article. Said improvements shall be provided for
by separate agreement satisfactory.to the City Attorney in conformance with
Article XIII, and other applicable laws and provisions.
Sect1o0 9-,4:11,0.5:. Underground 'Utility Improvements . All public utility systems
and service facjlltiestherefore, i ncl udthg;'without l-imitation, all electrical
and telephone dis-tri:bution 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
right-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 install -
ation of underground facilities and for the relocation of existing overhead fa-
cilities 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 boxesv 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 connec-
tion with the underground transmission or distribution lines ;
(6) Poles supporting electricity transmission lines and;the_,electri�c5�ty
��
+ r.smifss ion lines supported by such poles may be situated above the surface
of'tle ground if the voltage carried by such lines is 12 KV 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.
Sectioh '9 4:1106: Storm Drainage 'Improvements . Responsibility for Storm
Drathage improvements shall be as follows :
(a) Every subdivider shall install all drainage facilities required to
properly drain hies own subdivision, including without ,.l.imitation, curbs, gut-
ters,, 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 sub-
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I
division to accommodate out-of-tract drainage flowing across the subdivided
ivi 9 9
property, sized for the ultimate development of all lands above the subdivided
property. The City Engineer shall review all the data supplied by the subdi-
vider's engineer for the determination of the design capacities and improve-
ment 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 ' dke_huhdred cubic feet (100 cu ft) 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 trans-
ported 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 inch (30") 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 inches (15") 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 flood-
ing waters within and outside of the subdivision boundaries.
(e) Waters exiting the subdivision into a water course shall be either
by direct discharge into same, or by connection with adjacent existing storm
drains already discharging into a water course. Said connection shall only
be permitted when the City Engineer has determined the existing drains can
safely accommodate the additional volume.
(1 ) Whenever a subdivider proposes to drain the subdivision's
storm and surface waters in the above mentioned manner, rather than by
the construction of drains at his own expense outside of said subdivi-
sion, 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 subdivi-
sion 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
overs,tze' 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 col-
1�ections. 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
s-ai'd 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 s-ubstanti-ally conforming to a Tentative Map of the same land, which Tenta-
tive Map was filed on or after February 18, 1970, the subdivider shall be
required to deposit in the Storm Drainage Assessment Fund the amount as esta-
blished by resolution for each new approved building site within the subdivision.
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36 -
Section 9-4.110T. Sarni, 6f `Sewer'�ImprbVOMe its (Mains) . When sanitary sewers
are to b6 installed' bye su d vi'der, the plans and the installation and the
construction work shall be in accordance with the standards and requirements
of the City of the Town of Los Altos Hills 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 the City of the Town of Los Altos Hills and that city
providing the maintenance prior to the recording of the Final 'Map or Parcel
Map: The construction inspection shall be by the City of the Town of Los
Altos Hills and the city providing the maintenance.
Section '9-4.1108. 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, lat-
erals shall be provided to each lot in a manner acceptable to the City Engin-
eer, 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 'fa-
cilities. When individual sewage disposal facilities are required, the Santa
Clara County Health Officer shall make his recommendations , in accordance with
Chapter- 4, Title 6, Los Altos Hills Municipal Code.
Section 94.1109. Water Improvements : Emergency and Potable. Emergency and
potable water improvements sha be constructed, show, and completed as follows :
(a) The subdivider shall construct a complete water system, including
mans;, 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.
Section '9=4.1110.' "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.
Section 9=4'.1111 . ' 'Road 'Improvements , Road improvements shall be as follows:
a Every subdivider shall construct all roadways within dedicated or
private easements (excluding joint or common driveways) "'as shown on .lohe"Final
Map, in conformance with the applicable standards of Section 9-4.1103, with
the following exceptions :
(1) Split-level , one-way streets , one-way loop streets, and divided
or stepped streets , as approved under Article VII , shall have a minimum
paved width of twelve feet (12' ) plus appurtenances and required pull-
out areas .
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(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 stuh,-which serves the adjacent parcel (s) .
(d) Every subdivider shall rough grade as part of the required subdi-
visi'on improvements all single or combination driveways , as they are delineated
on the approved or conditionally approved Tentative Map. Said grading shall be
accomplished from the improved,roadway to the edge of the one hundred sixty
foot (1601) diameter circle of each lot.
(1 ) Should any soil retention devices be required to accomplish
the above they shall be shown on the improvement plans of the subdivi-
sion and constructed as part of said improvements .
(2) Should any drainage devices be required to accomplish the
above they shall be shown on the improvement plans of the subdivision
and constructed as part of said improvements .
(3)' All rough graded driveways shall be seeded and maintained in
conjunction with the landscape plan and maintenance requirements so as
to prevent erosion and/or sliding conditions.
.(e) Whenever all or any portion of the subdivision borders or fronts on
an exi1sting subdivision street improved or about to be improved by another sub-
dtvider subject to a reimbursement agreement, the latter subdivider shall be
requi're'd to pay the amount of the reimbursement to the City for the account
of the former.
(f) Whenever the City Engineer determines that any public roadway, or
any part thereof which borders on any part of' a subdivision need not be im-
mediately improved to City :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 monies in lieufof 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'even.t botherthebaboy.e)�are required,stheisub'divider;shall:sdeposit
with the City the cash difference 'betweeh the estimated cost of City 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. prior to the acceptance of the Final Map.
(g) The subdivider shall install at all street intersections, signposts
and°street:�name "-signs�'i6onf6rming to CitycSfandards ; and�regul,atory an&varn-
ing s' nsrconforming':to 'the tat.es.t:-Ung= ormfiS 'gn�Char._t,k:as"adopted by th6-eStaite
of Calfornia, ,Department ofTransportation.
(h) Where dead-end streets are approved, standard street barricades
shall be constructed by the subdivider at the ends thereof. In addition,
where in the opinion- of the: Planning Commission, they may recommend and the
Council approve,<sads .treets shall not be extended within two years from
the estimated complef ori of the improvements, the subdivider may be required
to plant and landscape the one foot strip granted to the City in accordance
with Section 9-4.704(f) hereof, as part of the street improvement.
(i) 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
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i
shall be required to file a separate security.
Section 9=4:1112. Pathway Improvements. Every subdivider shall construct
pathways to City pathway standards , when said construction requirements are
a condition of the approved or conditionally approved Tentative Map. Path-
ways shall be constructed within easements designated for their use within
the outboard extremes of the road rights-of way when so conditioned.
Section ,9=4.1113. Supplemental •Intra-subdivision Improvements . In addition
to the specificni_mprovements contained th' 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 circums�ances of each case.
(a) ' 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 subdi. der and the City Council have the authority to require such modifi-
cation or departure and may specify the manner in which they shall be made.
5;25, ON. 180, as amended by °°10, Ord. 221 , eff. March 1 , 1975) .
Section 9=4':1114: Su p.Temental Intersubdivision Improvements and Reimburse-
me nt•rAg.re:emdnts,. In addition to the several •more specific` improvements set
forth to 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,tthe City shall enter into an agreement with
the subdivider to reimburser-Ph m for that portion of the cost of such improve-
ments equal to the difference between the amount it would have cost to in-
stall suc,h. :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 Gov-
ernment 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 ac-
cord with Government Code Section 66451 .3 as well as written notice by regular
marl 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.
Sectio►i 9=4;1115: &rve s. Surveys shall be as follows:
a S4rveys ;` rocedures and praCtice,. The procedure and proactice of
all survey wor 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 ) .
(1) If the Public Works Department of the County of Santa Clara
or any City Engineer shall have established the centerline of any street
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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-.F_ nal ,%p shall -'show :durable �monuments.�foand_or.,`s.et
at or neateach`boundary corner and at intermediate points , approximately six
hundred feet (600' ) 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 substan-
tial than an iron pipe of a two inch (24) outside diameter, not less than two
and one-half feet (2 1/2 ' ) in length , with plug, tack and tag set at least two
feet (2`) into the ground. For the purpose of .this Chapter a lead and tack
set in permanent concrete or masonry shall be considered as a durable monument.
The approximate elevation of the top of each such monument with respect to the
surface of the ground shall be shown on the Map.
(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 Qr other intermediate points.
(d) Notes 'to`be furnished. For each centerline intersection monument
set, the engineer br 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.
(1 ) Such set of notes shall be of such quality ,'` form and complete-
ness 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) Id6hti`fiati1on marks , All monuments set as required herein shall be
permane'n:tflyTy' and visib y 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` e Final Map or Parcel Map unless extensive grading opera-
tions 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 reasons for deferring the setting of permanent monuments until after re-
cordation of the Final Map. If the setting of boundary and centerline mono=
ments 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 who ch 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 agrees that the
monuments to be deferred shall be set within a specified time, and that the
notes required in Section 9--4.1115(d) will be furnished within a specified
time.
(g) Inspecti6h'6nd approval . All monuments of all types shall be subject
to inspection and approval of -the City Engineer in conjunction with his check-
ing of the Final Map and inspection and approval of all deferred monuments to
be set as required.
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ARTICLE XII . FINAL MAPS INCLUDING PARCEL MAPS.
Section 9-4.1201 . Final Maps: ' General . The form and content of a Parcel Map
or the Final subdivision Map, hereih. collectively referred to 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 ap-
proval .
Section 9-4;,,1202. Filing 'With City 'Enqineer. Final Maps may be filed with
the City Englhber' wlthin a-period oftwelvemonths (12 mo) after the approval
or conditional approval of the Tentative Map.
(a) Said filifig-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.
Section 9 *4.1203.'�, .,FilinExtension of Time. The City Council may grant an
extension- of time,"nio' t to exceed an -ad-ditional eighteen months (18 mo) beyond
the twelve months (12 mo) allowed for the recording of a Final Map. An appli-
cation by the subdivider for such an extension of time shall be made in writing
to the City Council and received at Town Hall not less than thirty (30) days
prior to the twelve 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.
Section 9-4.1204. SUbm-iftal of Information for, Review by -the 'Cit y ineer.
The subdivider may cause' the proposed subdiv'isibh 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 9-4.1206. When, and only.
when , the collective requirements of Section 9-4,1205 and'Section 94.1206
are satisfied, the City Engineer will commence his review of the Final Map.
Settion 9=4:1205 Final McAp/,P arcel 'Map Requirements. The following content,
for*, and copy requirements shall be adhered to on all Final Maps submitted
to the City Engineer for his review:
(a) ' 'Titlo Sheet. The title sheet shall contain the tract designation
as approved T-y-the TRanning Commission-, 8:n.O ,tract number as assigned by the
Public Works Department of the County �f Santa Clara .
(1) Below the title shall appear a subtitle giving a general de-
scrtption 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 or-
iginal records as recorded, by book and page.
(2) Upon the title sheet of each map filed for the purpose of
reverting subdivided land to acreage, there shall appear conspicuously
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in the title the.-words -,!The purpose of this Map is a REVERSION TO ACRE-
AGE of. . . . . . . . . . . ' . . (insert legal description of land being re-
verted) . " 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 regis-
tration 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 ne-
cessary 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' cor-
ner7,on each curve , or the central angle of each segment within each lot
or parcel shall be shown .
(6) 'The center. lnes. a'ndvsde lines of;a7lsstreets or roads , <the:: ,
total widths thereof, and the widths each side of the center l'iiie, 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"' (one)
and shall continue consecutively throughout the subdivision with no omis-
sions or duplications, except that lot or parcel numbers in subsequent
contiguous subdivision units may expand the numbering sequence of the pre-
vious unity, provided the commercial name of the subdivision remains un-
changed. All letters and figures within the subdivision shall be conspi-
cuous 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 divi-
sion of land itself.
(10) The map shall show all easements of record or easements to be
recorded, to which the lots or parcels will be subject. Such easements
shall be clearly labeled and identified if already of record, and record
reference given. If any easement is not definitely located by record,
a' statement of such easement must appear on the map. All easements other
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. I
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. Dis=
tances 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 artifi-
cial , 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 Section 9=4. 603(b)(2') , shall so state the same directly
under the lot number designation as required by Section 9-4.1205(b) (8)
of this Article. Said designation shall read "Type II Foundation Design".
='.(-13) City boundary lines which are within one hundred feet (100' )
of the exterior boundaries of the subdivision shall be clearly designa
ted and referenced.
(14) There shall appear a note on the Final Map that a soils re-
port has been prepared stating the date thereof and the name and regis-
tration 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, inunda-
tion, or geological hazard, and the use of the property will be for struc-
turesorthereon, the advisory agency may disapprove the Map or any portion
of the Map so affected and require protective improvements to be- con-
structed 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, in-
undation 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 -t4. street overflow or
ponding of local storm water or should the depth to 'ground water be less
than ten feet ('10") from the ground surface, the Planning Commission shall
so inform the State Real Estate Commissioner.
(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 tnd 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 acknowledgement, City Clerk's Certificate, civil Engineer's or Licen-
sed Land Surveyor"s Certificate, City Engineer's Certificate, (Government
Code Sections 66436,665,50, 66441 , 66442 , respectively) County Recorder's
Certificate, and such other certificates and acknowledgements 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 Cauncil .
(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 subdivisions' their tenants, visitors, and employ-
ees, 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
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in Section 9-4.603(b)(2) .
(3) Affidavits, certificates, acknowledgements, 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, acknowledgements and other matters on the Map shall be
subject to the approval of the City Attorney.
A certtficate 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_:_.
T7_*Tial e-Sh-ee't: 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 th,e' Map, the north point, the basis of bearings, the legend, a descrip-
tton of the Imonuments and the sheet number and number of sheets compri-
si•ng thea 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 there-
on sha1l be so or�t`ented that with the north point direction away from the
reader, the Map may be read most conveniently from the ,bottom or lower
corner. The bending edge shall be the shorter dimension of the Map to
the: reader'-s--left.:-
(3) Sfe.et 'Size'4nd 'S,cale: The size of each sheet shall be eighteen
inches- by twenty-sjx tnc es' 8" X 2611) . A marginal line shall be drawn
completely- around each sheet, leaving an entirely blank margin of one
inch (11 . The Final Map shall be drawn according to an engineer's scale
of one inch -equal.-to-.fifty feet (1'" = 50' )
(4) j4jao Border: The subdivision boundary shall be designated by
a Prussian E,' ue or er one-eighth inch wide (118") applied inside the
boundary line to the' reverse' side of the tracing: Such boundary line
shall not obll:terate. figures or other data.
(5) - 'Si natures: The Final subdivision Map shall conform to the
proves-ions of the Su division Map Act of the State, except that signatures
steal l be-made-..tin. -bl ack..India! tnk.
(6) "Map Materials: Final Maps shall be legibly drawn, printed, or
reproduced by a process guaranteeing a permanent record in black on tra-
cing cloth or polyester base film, including certificates. If ink is
used on polyester base film,. the ink surface shall be coated with a suit-
able substance to.-assure. permanent legibility.
(7) ' Roadway labels: All road or street names shall be spelled out
in f u1 l .
(e) . .Copies 'and -originals -to. be submitted to the 'City Engineer. All that
has been mancTa—ted in Section 9=4.1205 inclusive shal be submitted to the City
Engineer with original tracings and a-minimum of four (4) blue line prints of
such' Ftnal Map, and such additional copies as may be required by the City En-
gineer, wl'th any- and all alterations and changes required thereto, conforming
to law• and the requirements of this Chapter.
Section 9=4:1206: Aecompanyinq-Qocutents in 'Su port of a Final Map. The fol-
lowthg accompanying documents sal be required for any and all Final Maps sub-
mi'tted to the.-City--Engineer for review:
(a) Evidence-of`Title. In the event any dedication is to be made for
public use., a ti:t e guarantee issued by a reputable title company doing business
to the- County of Santa Clara, datednot more than ten (10) days prior to the
date of the filing of the Final Map,:,,,. h641fig�the`,nates of all persons whose
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i'
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 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 subdivi-
sion. 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 sets of plans , profiles, details and
specifications for improvements conforming to the City Standard Specifications
for Subdivision and to Article XT hereof. Said plans, profiles and details
must show full details of all improvements, and shall be to a scale of forty
or fifty feet to the inch (40' or 50 '/in) horizontally, and four or five feet
to the inch (4 '\ or 5`/in) vertically.
(d) A--,detai.led estimate of ,quaati;ties and costs of the proposed improve-
ments 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-:'requi�red,`for;rthe=-filing, of a_ _Final
Map., oamount in accordance with 'the The schedule formally adopted by resolution
of the 'Ci ty Council .
(g) Three sets of landscaping plans, if required.
Section 9=4.1207: Final Map -Review and Action b the City Engineer. Within
twenty 20 cal,,endar days after the submittal of all information required by
by Section 94,1205 and Section 94.1206 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 altera_
tions thereof;
(b) Whether all conditions of the Tentative Map':approual!ehauenbeenpcom-
pletedt or if incomplete, can be included in a regular 'subdivision improve=
ment agreement with the Town;
(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
checksng 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 Clay 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.
Se i'on 9-4.1208. Fi nal �Acti on :on 'Pdreel Maps 'Not Requiring Dedications. Par-
cel Maps not requiring dedications ed not be approved by the City Council .
Said Maps, when in compliance with this Article and.-th'e;CSubdivision Map Act,
may be signed by the City Engineer and filed with th e �santa Clara County Board
of Supervisors.
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I I I
Section 9-4.1209. Final Action `on Final 'Maps Requiring Dedications and/or
Improvements . At -the time set for the consideration of' the Final Map which
requires . de ications 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 re-
spects with the Tentative Map and the Subdivision Map Act, as approved or
conditionally approved, the City Council shall approve such Final Map.
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 subdfvide�r, together with a statement cf the reasons for
the findings of the Counci1 ? 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 hi's 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 con-
structed; 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 :
(a) ' 'D6ni•61 '6f'Fina1 'Ma . The City Council shall deny approval of a Final
Map if it ma es any of he fo lowing findings:
(1 ) That the ,proposed Map is not consistent with applicable General
and speci,f is 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 de-
velopment proposed;
(4) That the site is not physically suitable for the proposed den-
sity of development;
(5) That the design of the subdivision or the proposed improvements
are Itkely to cause substantial environmental damage or substantially and
avoidably injure fish or w tl.dlife or thein 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 con-
nection, 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 esta-
blished In judgement of a court of competent jurisdiction and no authority
is hereby granted to the City Councnl 'to determine that the public at
large has acquired easements for access through or use of property within
the proposed subdivision.
ARTICLE XIII. IMPROVEMENT AGREEMENTS, SECURITY AND INSURANCE.
Section -9`4:13Q1": ' 'Purpose. The purpose of this Article is to insure, through
the mec anisms ontained herein , that all improvements "levied against a subdi-
vision 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 can ac-
complish 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
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from all liability associated with the improvements until acceptance for main-
tenance and operation by resolution of the City Council .
Section 9= ;T302; ' Zm rovement Agreement, If all the improvement work has
not been satisfactorily comp eted, 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 as -approved by the City Attorney specify-
ing that within one (1) year or such other period of time as agreed upon by
the parties involved, the owner or owners shall complete all specified improve-
ment work in accordance with Article XI, 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 improve-
ments 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 En-
gineer.
Section 9-4:.1303. Improvement Agreement Provisions , The subdivision agreement
shall in substance provide,
(a) That if the owner(s) shall fail to complete the said improvements or
to maintain them in accordance with the terms, and time frame of the agreement,
the City- 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' percent .(100%) 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 percent (100%) cash or
surety labor and material bond or bonds ;
(d) For the indemnification of the City , its City Council , officers,
boards, Commissioners and employees from claims of any nature arising or re-
sulting from the performance of any acts required by the City to be done in
accordance :therewith in form acceptable to the City Attorney;
(e) For the termination of the agreement upon the completion of proceed-
ings under an assessment district act for the construction of improvements
deemed by the City Engineer to be at least equivalent to the improvements spe-
cified 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 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 percent (10%) of the security
bond shall remain in full force and effect for a period of two (2) years, guar-
anteeing the maintenance of the improvements , including landscaping.
(i') For extensions .of`Mimeunder...:conditi,ons 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.
Sect-i"on 9-4.1304, Improvement and Laborand Mate Tial Bonds. The owner(s) of
the land- being subdivided shall furnish and fi e with the City a good and suf-
ficient 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 percent (100%) of the estimated cost of com-
pletion of said improvements , as determined by the City Engineer. The terms
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i
of the said improvement agreement by the owner(s) shall be all in a form ap-
proved by the City Attorney which is substantially in accord with Government
Code Section 66499 ;1 . The said 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 rec-
tified. Whenever a failure to perform under the said improvement agreement
has not been satisfactorily rectified by the owner(s) or his surety within
thirty (30) calendar days after notice to the surety at the office of its
authorized representative, the City at its option may thereafter without fur-
ther notice declare said bond forfeited and cause all required construction,
maintenance or repair to be done. In lieu of said bond the owner(s) may de-
posit cash, Y
or certified cashier's check with the City Treasurer.
in addition to the aforementioned faithful performance bond, the owner(s)
shall furnl'sh and file with the City a good and sufficient cash or corporate
surety labor and material bond in an amount of not less than one hundred per-
cent (100%) 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, la-
borers,. materi`almen and other persons employed in the performance of the work
ins•talli.ng and completing said subdivision improvements. In lieu of said bond,
the -oker(-s) may deposit cash :or a::cert.ifffed:_eashier's=,-check v�-nth .the City
Treasurer.
Section -9;4;1306: Puk,11c 'Lltabi1it)��Od 'Propert -Damage Insurance. No Final
Map shal'1 be presented for approva or` be approved until the-'61fier(s) file with
the C%ty Clerk a cert ifi,cate or policy of public liability and property damange
i'ns,urance., :%'n a form satisfactory to the City Attorney,�r-providing public liabi-
lity, insurance limits in the amount of-not less than one hundred thousand dol -
lars� (5100,000) for each person and three hundred thousand dollars ($300,000)
for each accident or occurrence and property damage insurance limits of not '
l es,s than fifty thousand 1011 ars ($60.,000) , wherein the City ' and in their cap-
ac tty as such its COUnCi1Persons, officers , boards , Commission, and its em-
ployees will be insured, indemnified, and held harless 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 concern-
hng the doing or failure to 'do by said owner(s) of all things required to be
done by the owner(s7 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 improve-
ments, and shall provide for non-cancellation without ten (10) days prior writ-
ten notice to the City of intention to cancel .
Secti6t 9-4ti1 6: - Time Extensions li.nd Releases of Bonds. No extension of time,
progress payments from cash deposits ,` or re eases of surety bond or cash depo-
sit 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 .
Section 9=4:1307: - -Faithful P6rfbttiance 1Bbhd-"',:Mo nUlnents . The improvement a-
greement referred to in Section 66499 of the Subdivision Map Act shall be ac-
companied by a faithful performance bond in a penal sum, which in the opinion
of the City Fngineer,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.
Section '9-;4:7308 Guarantee: 'Water 1,
Improvements . If the subdivider shows to
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the satisfaction of the ,City Engineer that he has entered into a contract with
a water utility company�Aistrict or mutual , to construct water mains and ap-
purtenances, including fire hydrants as required by said company, district or
mutual , which contract makes the City a party thereto, and provides such con-
tract may not be modified or rescinded without the consent of the Council ex-
cept as required by the Publfc Utflities 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 e_Cityinstallation ;o;f such water
malns� .and appurtenances ,tncludfng fire hydrants.
Section 9=4:1309. 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 discretion authorize
from time to time a reduction in the ,,bonds or instruments of credit, or a par-
tial withdrawal of funds for_.wh-:i ch :bonds' or instruments.ofr credi t were.dep9:
sited ? n; lieu o.f t.he, faithful-;.:perfQrmance.;bond requ,�;redh,by this Article;; equal
to ninety percent- (:90 ) ofwthe:.estimate& ost of:.such <<cgmp�eted portion.
TH s Section does not authorize a reduction or withdrawal for partial
completion of a portion or any unit:of��suchtJ provements .
ARTICLE XIV. PARK AND RECREATION REQUIREMENTS.
Section 9-4.1401 . 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
rural environment while simultaneously providing for many of the leisure and
recreational needs of the citizens that comprise the comminity.
Section 9=4.1402. 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, and Section 66477 of the Government
Code of the State of California.
Section 94.14U, Requirements for Park 'and Recreation Dedication and Fees .
Every subdivider shall be required to dedicate a portion of land, or pay a fee
in lieu thereof, or a combi'nati'on of both, at the option of the City for the
purpose of providing park and/orirecreational space/facilities . Said authority
shall be governed by Section 9-4,1402.
(a.) 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 sub-
dtvi'si on.
Sectn 9;4:`1404. Amount of�Real Pro ert To Be Dedicated for Park and Recre-
`at�ion. The amount of real' p'roperty to be dedicated shall be five 5 acres
fo er ach one thousand (1000) persons residing within the Town. For the purpose
of this Article the population density shall be assumed as three and six-tenths
(3.6) persons per dwelling unit
(a) The basis for determining the total number of lots or parcels shall
be th.e number of same that appears on the approved or conditionally approved
Tentative Map.
(b) The specific amount o-f. real property to be dedicated in a given sub-
division shall be eighteen thousandths (0.018) of an acre, or seven hundred
eighty-four square feet (784 sq ft) for every lot or parcel that appears on the
approved or conditionally approved Tentative Map.
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Section '9-4:1405,. on Re uirements for
Subdivisions of Fift ' Lots `or'' ess . Land offered for dedication in the forme
of conservation easements shall be credited against the required park and re-
creation obligations. as set forth in Section 9-4.1404 inclusive.
(a) Should the conservation easement dedication exceed the require-
ments of Section 9-4.1404 inclusive, no monetary compensation or land credit
shall be given the subdivider by the Town.
(b) Should the conservation easement dedication fail to fulfill the re-
quirements of Section 94 ,14Q4 inclusive, the difference between what is dedi-
cated and what is required to be dedicated shall be satisfied by the payment
of monies.
(c) Lands -to:be:ut. .lized for park and recreation purposes and reserved
for the exclusive use of the inhabitants , guests , employees or tenants of the
subdi'visi'on shall be credited against the park and recreation obligations as
set forth. in Section 9-4.14Q4 inclusive
(1 ) Should the private park and recreation area exceed the require-
ments: of Section 94.1404 inclusive, no monetary compensation or land
credit shall be given the subdivider by the City.
(2) Should the private park and recreation area fail to fulfill the
requirements of Section 9-4.1404 i'nclusive, 'the difference between the
area utilized for private park and recreation purposes and that required
shall be sati'sfied by e payment aY ment of monl6s .
Section ,9-�4:1406��'Procedure for'Land Credit for -,Subdi v4si ons of Fifty Lots or
Leas The procedure for determining whether a' subdivider shall be given credit
for `(and which is utilized for conservation easements and/or private park and
recreation space to satisfy the requirements of Section 9-4.1404 inclusive shall
be as follows ;
(a) At the-time of the fi-li'ng of the Tentative Map for approval , the owner
of the property shall as part of such filing indicate whether he desires to ded-
icate conservation easement(s) or reserve an area within the subdivision for a
private park or recreational area, or a combination of land dedication or re-
servation and the payment of a fee, or the payment of a feeonly, to satisfy
the requirements of Section 9-4.1404 inclusive.
(b) Whether the City Council accepts the offer of the conservation ease-
men ts) and/or approves the area reserved for private park and recreational 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
conservation easement or the private park and recreational area is of such
portion, and nature to allow for human utilization, including visual utili-
�Iation:
The determination of the Council as to whether offers of conservation ease-
ments 'and/or private park and recreational space shall be considered in whole
or part for the fulfillment of the requirements of Section 9-4.1404 inclusive
shall be final and conclusive.
Section 9=4�1�407. 'Procedure: Publ i c,�Park 'and ,Recreation <Requi rements for
Subd.i'visibh,§'bf` Fifty-one Lots &,r More. The procedure for determining whether
the `subdi'vidb' shall dedicate lands` pay a fee, or both, shall be as follows :
(a) At the time of the filing of the Tentative Map for approval , the owner
of the property shall , as a part of such filing, indicate whether he desires to
dedicate property for park and recreational purposes or whether he desires to
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pay a fee in lieu thereof. If he desires to dedicate land for this purpose,
he shall designate the area thereof on the Tentative Map as submitted.
(1 ) On subdivisions involving fifty (50) lots or less , only the pay-
ment 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 consider-
ation of:
(1 ) The prerequj:stteath.a_t the subdivision is comprised of fifty-one
(5l )- 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 dedi-
cated land is of such a nature as to allow for human utilization, including
visual utilization;
(5) That thelamount of land being offered for dedication fulfills the
area obligation as set forth in Section 9-4.1404(b) . If such park space is
less than the total park or recreational space obligation required, the sub-
divider 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 con-
clusive. Should the City Council determine that land shall be dedicated, they
shall concurrently specify when development of the park or recreational facili-
ties will begin.
SECTION 2. SEVERABILITY. If any Section, subsection, subdivision, paragraph,
senten m-' clause or phrase of this Ordinance, or any part thereof, or the appli-
cation thereof to any person or circumstances , is for any reason held to be un-
constitutional or invalid or ineffective by any Court of competent jurisdiction,
such decision shall not affect the validity or effectiveness or applications of
the remaining portions of this Ordinance, or any part thereof, which can be given
effect without the invalid portion or application. The City Council hereby de-
clares that it would have passed each Section,. subsection subdivision, para-
graph, sentence, clause or phrase thereof, irrespective of the fact that any
one or more Sections - subsections , subdivisions , paragraphs, sentences, clauses ,
or phrases be declared unconstitutional or invalid or ineffective.
SECTION 3. URGENCY MEASURE. The immediate preservation of the public safety,
health and welfare requires the adoption of this ordinance as an urgency measure.
The facts constituting the need for such action are:
On July 3, 1974, the City Council of the City of the Town of Los Altos Hills
imposed a moratorium for a period of four (4) months upon the acceptance of ap-
plications for the division of land within said City pursuant to Section 65858
of the Government Code of California;' Subsequently, the' City Council extended
the abovedescribed moratorium for additional successive periods of eight (8) .
months and one (1 ) year, respectively, aspermitted by Section`6.5858. The most
recent extension of the moratorium will expire on July 3, 1976. Section 65858
does not permit adoption of any further extensions . The City Council has com-
pleted its full review of the City's regulations affecting subdivisions and has
caused to be prepared modifications of local subdivision regulations which the
City Council has determined to be appropriate and necessary, and which have been
adopted as part of the within Ordinance.
In order that the City=s Ordinance adopting modifications of local subdivi-
sion regulations can take effect and become operative at the same time as the
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abovementioned moratorium finally expires it is necessary that the effective
date of the Ordinance coincide with the date upon which the final extension of
the moratorium expires.
Therefore, this Ordinance is declared to be an Ordinance adopted as an
urgency measure and is to be effective July 3, 1976.
This Ordinance shall be posted within the Town of Los Altos Hills in three
(3) public places.
I HEREBY CERTIFY that the foregoing Ordinance was introduced, passed and
adopted at a regular meeting of the City Council of the City of the Town of
Los Altos Hills held on the 2nd day of July;- 1976.
City C erk
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