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HomeMy WebLinkAbout299 T t ` � � ® • ORDINANCE NO. 299 AN ORDINANCE OF THE CITY OF THE TOWN OF LOS ALTOS HILLS AMENDING THE LOS ALTOS HILLS MUNICIPAL CODE BY RENUMBERING AND AMENDING THE TITLES OF TITLES 9 AND 10 THEREOF AND THE CHAPTERS CONTAINED THEREIN, AND BY RENUMBERING THE SECTIONS THEREOF; REPEALING CHAPTER 3 OF TITLE 9 ENTITLED "SITE DEVELOPMENT; " ADDING TITLES 11 AND 12 THERETO; AMENDING CHAPTER 1 ENTITLED "ZONING" OF TITLE 10 ; AND ADDING CHAPTER 2 ENTITLED "SITE DEVELOPMENT" TO TITLE 10 THEREOF The City Council of the City of the Town of Los Altos Hills DOES ORDAIN as follows: SECTION 1. AMENDMENT OF CODE. The title of Title 9 .of the Los Altos Hills Municipal Code hereby is amended to read: "Title 9 . Subdivisions And Plan Lines. " SECTION 2. AMENDMENT OF CODE. Chapter 1 entitled "Official Plan Lines" of Title 9 of the Los Altos Hills Municipal Code hereby is renumbered as Chapter 2 , . and the Sections thereof hereby are renumbered as follows : Section Nos. 9-1. 01 to 9-1. 03 , inclusive, hereby are renumbered as Section Nos. 9-2 .01 to 9-2 . 03 , inclusive, respectively. SECTION 3 . REPEAL. Chapter 2 entitled "Site Approval" of Title 9 of the Los Altos Hills Municipal Code be and it hereby is repealed. SECTION 4 . REPEAL. Chapter 3 entitled "Site Development" of Title 9 of the Los Altos Hills Municipal Code, and consisting of Sections 9-3 .101 to oil 9-3:803 , inclusive, be and it hereby is repealed. SECTION 5. AMENDMENT OF CODE. Chapter 4 entitled "Subdivisions" of Title 9 of the Los Altos Hills Municipal Code hereby is renumbered as Chapter 1, and the Sections thereof hereby are renumbered as follows : Section Nos . 9-4.101 to 9-4 .1502 , inclusive, hereby are renumbered as Section Nos. 9-1.101 to 9-1.1502 , inclusive, respectively. SECTION 6. AMEND14ENT OF CODE. The title of existing Title 10 of the Los Altos Hills Municipal Code hereby is renumbered as "Title 12 . Parks and Recreation. " SECTION 7. AMENDMENT OF CODE. Chapter 1 entitled "Parks, Preserves, and Public Areas" of Title 10 of the Los Altos Hills Municipal Code hereby is renumbered as Chapter 1 of Title 12 , and the Sections thereof hereby are renumbered as follows: Section Nos. 10-1. 01 and 10-1. 02 hereby are renumbered as Sections Nos. 12-1. 01 and 12-1. 02 , respectively. SECTION 8. AMENDMENT OF CODE. Chapter 2 entitled "Street Trees, Shrubs , and Plants" of Title 10 of the nos Altos Hills Municipal Code hereby is renumbered as Chapter 2 of Title 12 , and the Sections thereof . hereby are renum- bered as follows: Section Nos. 10-2. 01 to 10-2.10 , inclusive, hereby are renumbered as Section Nos. 12-2. 01 to 12-2 .10, inclusive, respectively. SECTION 9 . AMENDMENT OF CODE. Title 11 hereby is added to the Los Altos Hills Municipal Code to read as follows : -2- "Title 11. Landmark Designation and Preservation" . SECTION 10. AMENDMENT OF CODE. Chapter 6 entitled "Landmark Designation and Preservation" of existing Title 9 of the Los Altos Hills Municipal Code hereby is renumbered as Chapter 1 of Title 11, and the Sections thereof hereby are renumbered as follows : Section 9-6. 01 to 9-6.16 , inclusive, hereby are renum- bered as Section Nos. 11-1. 01 to 11-1.16 , inclusive, respectively. SECTION 11. AMENDMENT OF CODE. Title 10 hereby is added to the Los Altos Hills Municipal Code to read as follows : "Title 10 . Zoning and Site Development" . SECTION 12. AMENDMENT OF CODE. Chapter 5 entitled "ZONING" of Title 9 of the Los Altos Hills Municipal Code hereby is renumbered as Chapter 1 of Title 10 and the Sections thereof hereby are renumbered as follows: Sections Nos. 9-5. 101 to 9-51111 , - inclusive, hereby are renumbered as Section Nos. 10-1.101 to 10-1..1111, inclusive, respectively. SECTION 13. AMENDMENT OF CODE. Chapter 1 entitled "ZONING" of Title 10 of the Los Altos Hills Municipal Code hereby is amended by adding thereto each of th following numbered Sections, respectively: 'Section 10-1. 212. Building Permit. "Building Permit" shall mean a permit issued by the Town for construction, erection, or alteration of a structure or building. 'Section 10-1. 214 . Certify: Certification. -3- "Certify" or "Certification" shall mean that the specific inspections and tests have been performed where required and that such tests comply with the applicable require- ments of this Chapter. ° Section 10-1. 218 . Driveway. "Driveway" shall mean a private way or route for use by vehicular traffic leading from a parking area, house garage, or other structure to a public or private right- of-way, and serving no more than two parcels or lots . 'Section 10-2. 221. Engineering Geologist. "Engineering Geologist" shall mean geologist licensed and certified as an Engineering Geologist by the State of California. 'Section 10-1. 224 . Firebreak. "Firebreak" shall mean any area of land from which vegetation has been removed or cut for the purposes of fire protection. 'Section 10-1. 228. Grading. "Grading" shall mean to bring an existing surface to a designed form by excavating, filling, or smoothing opera- tions. *Sections 10-1. 229 . Height, .Structure. "Structure height" shall mean the vertical distance at any point from the natural ground level which existed prior to grading for any structure, or from the build- ing pad if excavated below natural ground level, which- ever elevation is lower, to the highest part of the structure directly above. When a retaining wall is incorporated into a structure -4- and earth is backfilled against the retaining wall, the height of the structure shall be referenced to the ex- tension of contour lines from the ground along the perimeter of the structure. In no case shall the ex- tended contour lines exceed the contour lines established by the natural ground level. 'Section 10-1. 232 . Landscape Architect. "Landscape Architect" shall mean a person who holds a certificate issued by the State of California to practice landscape architecture. 'Section 10-1. 237 . Panhandle. "Panhandle" shall mean the portion of a lot which connects the buildable section of the lot to a public or private vehicular right-of-way. °Section 10-1. 239 . Pathway. "Pathway" shall mean designated pedestrian, equestrian, and/or bicycle routes as shown on the Pathway Master Plan of the Town. 'Section 10-1. 240 . Permittee. "Permittee" shall mean any person to whom a site develop- ment permit has been issued. °Section 10-1.241. Person. "Person" shall mean any person, firm, or corporation, public or private, the State and its agencies or politi- cal subdivisions, the United States of America and its agencies and instrumentalities , and any agent, servant, officer., or employee of any of them. 'Section 10-1.242 . Removal. "Removal" shall mean the cutting to the ground of vegeta- -5- tion, including trees and plants, as well as complete extraction or killing by spraying. 'Section 10-1.245. Site. "Site" shall mean a single lot or parcel of land, or a contiguous combination thereof, where site development work is performed. °Section 10-1.246 . Site Development. "Site Development" shall mean the altering of terrain and/or vegetation by grading or construction of any kind. °Section 10-1.247 . Site Development Authority. "Site Development Authority" shall mean the Zoning Administrator, Site Development Committee or the Plan- ning Commission. °Section 10-1.248. Site Development Committee. "Site Development Committee" shall mean a committee composed of two Planning Commissioners to be appointed by the Chairperson of the Planning Commission, the City Engineer or designee, and the City Manager or designee, who, shall serve as the coordinator of the Committee. The Planning Commission Chairman may appoint alternate commissioners to the Committee. The Planning Commission or City Council may appoint advisory members to the Committee. *Section 10-1. 249 . Site Development Permit. "Site Development Permit" shall mean the approved plans which bear the stamp of approval of the Site Development Committee, Zoning Administrator, or Planning Commission. °Section 10-1.251. Tilling. -6- "Tilling" shall mean the cultivating or plowing of soil not to exceed twelve (12) inches in depth from the exist- ing grade. 'Section 10-1.257 . Zoning Administrator. "Zoning Administrator" shall mean an official designated by the City Manager to enforce the provisions of this Chapter. SECTION 14 . AMENDMENT OF CODE. Article 12 entitled "Administration and Enforcement" hereby is added to Chapter 1 entitled "ZONING" of Title 10 ,of ._the Los Altos Hills Municipal Code to read as follows : Article- 12 . Administration and Enforcement. Section .10-1. 12.01- Administration and Enforcement. Except as. otherwise provided in this Chapter, the provisions of this Chapter shall ..be administered and enforced by the persons named and. in accordance with the provisions contained_ in Article 13 .of Chapter 2 entitled "Site Development" of Title 10 of the Los Altos Hills Municipal Code consisting of Sections 10-2 . 1301 to 10-2 . 1318 , inclusive, as the same exist, or as hereafter amended or. added to. SECTION 15 . AMENDMENT ,OF CODE. Title 10. of the Los Altos Hills Municipal Code hereby is amended by adding thereto Chapter 2 to read as follows: CHAPTER 2 . SITE DEVELOPMENT. . z 0 • ARTICLE L. APPLICABILITY, PURPOSES, INTERPRETATION Section 10-2.101. Applicability. The provisions of this Chapter shall apply to all site development within the Town; however, a permit shall be required only for those types of development set forth in Chapter 3 of this Chapter. Section 10-2.102. Purposes. The provisions of this Chapter are adopt'ed to permit reasonable de- velopment of land while preserving the natural scenic character of the town, protecting the natural amenities, and providing for the safety, benefit a welfare of its citizens by establishing minimum standards and requirements relating to: 1) land grading; 2) drainage and ero- sion control ; 3) the siting of buildings and other development; 4) the planting of landscaping; 5) the installation of driveways; 6) preser- vation of ridgelines; 7) the implementation and maintenance of the Master Path Plan; and 8) outdoor lighting, and procedures by which such standards and requirements may be enforced. It is intended that the provisions of this Chapter be administered with such purposes in mind. Section 10-2.103. Interpretation. The standards of this Chapter shall be held to be minimum require- ments. The provisions of this Chapter are not intended to impair or interfere with any private restrictions placed upon property by coven- ant or deed; provided, however, where the provisions of this Chapter impose higher standards or a greater restriction upon the development of land than are imposed or required by such private restrictions, the provisions of this Chapter shall control . ARTICLE 2. DEFINITIONS Section 10-2.201. Definitions. Except as otherwise provided in this Chapter, the words and phrases used in this Chapter shall be defined in accordance with the definitions contained in Article 2, entitled "Definitions" of Chapter 1 entitled "ZONING" of Title 10 of the Los Altos Hills Municipal Code consisting of Section 10-1.201, et.seq. , as the same exist, or as hereafter amended or added to. —9— ARTICLE 3. PERMITS REQUIRED Section 10-2.301. Permits. No person shall commence or perform any activity described in subsec- tions (a), (b), (c), or (d) of this section without first obtaining a site development permit. A separate site development permit shall be required for each site on which any action(s) covered by this Chapter is (are) to be undertaken. (a) Administrative Review of Site Development Proposals. The Zoning Administrator or designee shall review all development proposals and impose conditions deemed appropriate for the following activities: (1) The construction or placement of any spa, solar panel , dish antenna over 3 feet in height, or 30 square feet of develop- ment area; (2) The construction of a wall , fence or other barrier, including barriers consisting of earthen materials. (3) Grading For fills equal to or exceeding 2 feet but less than 3 feet in vertical depth, at their deepest point measured from the natural ground surface; For excavations equal to or exceeding 2 feet but less than 4 feet in vertical depth, at their highest point; For excavations or fills, or any combination thereof, equal to or exceeding 50 cubic yards, but less than 250 cubic yards; For excavations or fills, or any combination thereof, equal to or exceeding an area of 1,000 square feet, but less than 3,000 square. feet. (4) For any structure which equals or exceeds 6 feet but is less than 15 feet in height; (5) For any structure or combination of structures which equals or exceeds 1,000 square feet of development area, but are less than 3,000 square feet of development area; (6) For any structure, combination of structures, or additions to structures, any of which equal or exceed 150 square feet of building coverage, but are less than 900 square feet of building coverage; (7) The demolition of a primary or secondary residence, except by condemnation order of the Town; -10- 00 it (8) The reconstruction of an existing private vehicular access or driveway which does not change the location of the access or driveway and does not increase the amount of development area by more than 150 square feet. (b) Site Development Committee Review. The Site Development Committee shall review site development applications and impose conditions deemed appropriate for the following activities: (1) The construction of a principal or secondary residence; (2) Grading. For fills equal to or exceeding 3 feet but less than 10 feet in vertical depth, at their deepest point measured from the natural ground surface; - For excavations equal 'to or exceeding 4 feet, but less than 13 feet in vertical depth, at their highest point; - For excavations or fills, or any combination thereof, equal to or exceeding 250 cubic yards, but less than 3,000 cubic yards; - For excavations or fills, or any combination thereof, equal to or exceeding an area of 3,000 square feet, but less than 20,000 square feet. (3) For any structure which equals or exceeds 15 feet in height. (4) For any structure or combination of structures which equal or exceed 3,000 square feet of development area, but is less than 20,000 square feet of development area. (5) For any structure, combination of structures, or additions to structures, any of which equal or exceed 900 square feet of building coverage, but are less than 8,800 square feet of building coverage. (6) The construction, realignment, or relocation of any private vehicular access or emergency access road, except as pro- vided for under Section 10-2.301 (a) 8. (7) For any creek crossing. (8) Any other proposal referred to the Site Development Com- mittee by the Zoning Administrator. (c) Planning Commission Review. The Planning Commission shall review site development applications and impose conditions deemed appro- priate for the following activities: -11- (1) Grading. - For fills equal to or exceeding 10 feet in vertical depth at their deepest point measured from the natural ground surface; - For excavations equal to or exceeding 13 feet in vertical depth at their deepest point; - For excavations or fills or any combination thereof, equal to or exceeding 3,000 cubic yards; - For excavation or fills or any combination thereof, equal to or exceeding an area of 20,000 square feet. (2) For any proposal which exceeds Site Development Committee Review. (3) For any structure, combination of structures, or additions to structures, any of which equals or exceeds 8,800 square feet of building coverage. (4) Any other proposal referred to the Planning Commission by the Site-Development Committee. (d) Additional review of all site development applications on lots which were created prior to January 1, 1973 may be undertaken by the Site Development Authority. This review will be based upon information required under Section 10-2.1303(d). (e) Exceptions: A site development permit shall not be required for the following: (1) Any activity which is below the thresholds prescribed in Section 10-2.301(a). (2) Excavations below the finished grade for septic tanks and drainfields, tanks, vaults, tunnels, equipment basements, cellars, or footings of buildings or other structures for which a building permit has been issued by the Town. (3) The excavation or removal of vegetation in public utility easement by public utility.companies for the purpose of installing underground utilities. (4) Routine maintenance of roads and driveways. (5) Site development pursuant to conditions placed on the filing of a parcel map or final subdivision map. (6) Emergency work required by the City Engineer to mitigate or avoid a threat to the health, safety or welfare of the com- munity. —12— ARTICLE 4. GRADING Section 10-2.401. Purpose. It is the purpose of this Article to minimize erosion, soil compaction, topsoil displacement, siltation of water courses, and other adverse effects of grading, including alteration of the scenic qualities of the natural terrain. It is also the purpose of this Article to insure that at the completion of the project, the visible alteration of the natural terrain be minimized. Section 10-2.402. Compliance Required. All grading and grading operations shall comply with the requirements of this Chapter and- the Town's Standard Specifications. All plans for grading shall be approved by the City Engineer. Section 10-2.403. Hours of Operation. All grading operations shall be carried on between the hours of 7:00 a.m. and 5:30 p.m., Monday through Friday, unless the City Engineer finds evidence that an emergency exists that imperils the public safety, in which event (s)he may direct the work to proceed during such other hours as may be necessary for the duration of the emergency. Work may be done at hours other than as set forth in this section if prior consent is granted therefore by the City Engineer. Section 10-2.404. Restrictions During Rainy Season. The City Engineer shall restrict grading operations during the rainy season. The rainy season is defined as the period between November 1 and April 1.- The City Engineer may allow grading to proceed during the rainy season if precipitation has been minimal ; if the grading tech- nique to be used will minimize the risk of landslides, erosion, or damage to adjacent properties or environmentally sensitive areas from soil movement; or if it is in the interest of public health and safety to permit grading. Following any 24-hour period during the year in which 0.5 inches or more of rain has fallen the City Engineer may prohibit grading. Section 10-2.405. Dust and Dirt Control . All graded surfaces shall be wetted or suitably contained to prevent nuisances from dust or spillage on Town streets or adjacent proper- ties. Equipment, materials, and roadways on the site shall be used or treated in a manner so as to prevent excessive dust conditions. Section 10-2.406. Slopes. The maximum slope of any fill shall not exceed two (2) horizontal to one (1) vertical . The maximum slope of any cut shall not exceed one and one-half (1-1/2) horizontal to one (1) vertical . A steeper slope may be created only if approved by the City Engineer. Where cohesion- less or expansive soils are used, or where other conditions warrant a -13- further restriction of the slope, the City Engineer may impose such restriction. Section 10-2.407. Property Lines. No grading shall be permitted within ten (10) feet of property lines, except as required for construction of pathways, to allow access for driveways where they cross a property line, or within a panhandle. Section 10-2.408. Cuts and Fills. All cuts and fills shall be rounded to natural contours. Finished grades shall conform to the natural grade as much as possible and shall not contain sharp angles or other unnatural features. Section 10-2.409. Erosion Control . All cut and fill surfaces created by grading and subject to erosion shall be planted with a ground cover compatible with the natural ground covers in the Town and which will thrive with little or no maintenance once established. Topsoil shall be stockpiled during rough grading and used on cut and fill slopes. On. slopes likely to be extensively dis- turbed by later construction, an interim ground cover shall be planted or other acceptable erosion control device shall be used. Section 10-2.410. Safety Precautions. (a) Natural Hazards. If, at any stage of the grading, the City Engi- neer determines by inspection that the nature of the formation is such that further work as authorized by an existing permit is likely to imperil any property, public way, water course, or drainage structure, the City Engineer may require, as a condition to allowing the work to continue, that such reasonable safety precautions be taken as (s)he considers advisable to avoid the likelihood of such peril . Such safety precautions may include, but shall not be limited to, specifying a flatter exposed slope, the construction of additional drainage facilities, berms, ter- racing compaction or cribbing, the installation of plant materials for erosion control , and reports of a soils engineer and/or an engineering geologist whose recommendations may be made require- ments -For further work. (b) Storm Hazards. Where it appears that erosion damage may result from a storm because the grading is not complete, work may be stopped and the permittee may be required to install temporary plantings to control erosion, install temporary structures, or take such other measures as may be required to protect adjoining property or the public safety. On large operations or where unusual site conditions prevail , the City Engineer may specify the time to begin the grading and the time of completion of the grading, or (s)he may require that the operation be conducted in specific stages so as to insure the completion of protective measures or devices prior to the advent of seasonal rains. -14- ARTICLE 5. DRAINAGE AND EROSION CONTROL Section. 10-2.501. Purpose. The purposes of this Article are to preserve the regional drainage patterns and natural swales without modification insofar as is feasible; to insure that artificial drainage systems, when they are necessary, be of an inconspicuous design; and to minimize erosion and sedimentation by using vegetative ground covers wherever they are a practical substitute for engineering structures. Section 10-2.502. Drainage Standards. Drainage systems shall be designed to minimize the effects of erosion, siltation, and flooding on immediate or distant downstream neighbors. They shall follow regional patterns and use natural swales wherever possible. Provisions shall be made to prevent surface waters from damaging the cut face of an excavation or any portion of a fill . All drainage ways and structures shall carry surface waters to the nearest practical street, storm drain, or natural watercourse approved by the City Engi- neer as a safe place to receive such waters. The City Engineer may require drainage structures to be constructed or installed as necessary to prevent erosion damage or to prevent the saturation of the fill or material behind cut slopes. Drainage facilities and impervious sur- faces shall be designed to prevent adjacent properties from receiving run-off from a project site, except through approved drainage chan- nels. Drainage facilities shall be constructed according to standard specifications developed by the City Engineer. Section 10-2.503. Drainage Facilities Standards The City Engineer shall consider the following in making recommenda- tions to the Site Development Authority regarding the adequacy of proposed drainage facilities: (a) The design and location of any terraces in cut and fill slopes, including the distance between terraces, the gradient of any swales or ditches in the terraces, and the tributary area from which water is discharged into a swale or ditch. (b) The capacity of proposed subsurface drainage on cut and fill slopes to carry run-off from the site, based on the amount of impervious surfaces; the absorption characteristics of the soil , the proposed discharge point of subsurface drainage, and effects of vegetative cover in absorbing water. (c) The location(s) and type(s) of devices, such as downdrains, used to prevent erosion in the area of discharge. (d) The extent to which proposed drainage facilities prevent standing water or other localized conditions of soil saturation on a site. —15— (e) The extent to which proposed drainage facilities decrease the velocity and concentration of water run-off to reduce the potential for soil erosion. Section 10-2.504. Drainage Easements. Whenever a site development permit is requested for an activity which may affect natural drainage patterns or rates, the Site Development Committee or Planning Commission may, upon recommendation of the City Engineer, require the dedication of an easement sufficient to accom- modate natural or installed drainage systems. —16— Y • ARTICLE 6. PATHWAY DEDICATION, MAINTENANCE, AND IMPROVEMENT Section 10-2.601. Purposes. The purposes of this Article are to insure that provision is made for public pathways to provide pedestrian, equestrian, and bicycle access for Town residents; to implement the Master Pathway Plan of the General Plan of the Town of Los Altos Hills; and to prevent damage to-the Town's pathways from activities that occur on private property. Section 10-2.602. General Policies. (a) Each property shall have direct access to a pathway or indirect access via a vehicular right-of-way. (b) Undeveloped properties along designated pathways and bicycle routes may be required to dedicate an easement for the extension of the pathway as a condition of site development approval . (c) Pathways shall be sited and improved in a manner that creates minimal disturbance to the natural environment. (d) Equestrian and pedestrian paths should generally be separated from roadways. (e) Pathways shall be of sufficient width to provide a safe corridor for travel and pathway maintenance. (f) Except for designated regional. trails and bikeways, paths shall be designed primarily for local use by Town residents. (g) Intersections of paths and vehicular rights-of-way shall be kept clear of vegetation which might obscure the view of users. (h) Pathways shall be designed and maintained to prevent erosion, to prevent injury from landslides or other soil movements, and to assure proper drainage of the path. (1) Slopes in excess of 15% grade adjacent to a pathway shall contain soil retentive landscaping, rockery, netting, or other devices approved by the City Engineer to reduce potential damage to the path or injury to users of the path from landslide, soil creep, or erosion. (i ) Pathways shall be designed and maintained to minimize their impact on adjacent properties. Section 10-2.603. Construction Activities Near Pathways. Construction activities and tilling undertaken near a pathway shall create minimal disturbance to the pathway. Appropriate measures shall be undertaken to assure that landslides or soil movement do not occur on pathways. Temporary drainage facilities or plantings may be -17- required by the City Engineer during construction to insure that path- ways are not eroded or damaged from. stormwater runoff. Any damage to a pathway resulting from private activities shall be repaired by the responsible party at their expense. In the event damage creates an irreparable break in the pathway, the responsible party may be required by the Town to provide or acquire an alternate easement for the path- way. Section 10-2.604. Drainage. Drainage facilities on private properties adjoining pathways shall be designed and maintained so that stormwater runoff from those pro- perties does not drain onto the pathways. Section 10-2.605. Driveway Surfaces. The surfacing or resurfacing of a driveway at its intersection with a path shall be accomplished with material and methods acceptable to the City Engineer to reduce the danger of slipping by users of the pathway. Section. 10-2.606. Dedication of Pathway Easements Whenever a site development permit is requested for a property which is indicated for a Future Pathway on the Master Path Plan, the Site development Committee or Planning Commission may require the dedication of an easement for public use as part of the Town's pathway system according to the guidelines contained in the Path and Trail Element of the General Plan. Pathway easements shall be required within emer- gency road easements. In addition, the following guidelines shall apply: (i) An easement should generally be located along the boundary of a property; (ii ) The easement shall be located so as to connect to existing or future pathway segments at the boundaries of a property; (iii ) The easement shall not be located on terrain that cannot be safely or conveniently traversed by pedestrians or equestrians. Section 10-2.607. Construction of Pathways. The Site Development Committee or Planning Commission may require the construction of pathway improvements within dedicated easements or public-rights-of-way for public use as part of the Town's pathway system as shown on the Master Pathway Plan, and according to the Engineering Standards of the Town. -18- r _ ARTICLE 7. BUILDING SITING, VIEW PROTECTION, RIDGELIKE PRESERVATION Section 10-2.701. Purposes. The purposes of this Article are to insure that the site, location, and configuration of structures are unobtrusive when viewed from off-site; that scenic views are retained; that buildings do not dominate the natural landscape; that ridgelines and hilltops are preserved; and that the siting of structures is consistent with other provisions of this Chapter concerning grading, drainage, and erosion control . Section 10-2.702. Siting. (a) Alternative Locations. The location of buildings and structures shall be selected so as to minimize run-off from the site, the volume of off-site drainage created, the destruction or alteration of natural vegetation, and the impairment of scenic views from off the site. (b) Preservation of Ridgelines and Hilltops. Ridgelines and hilltops shall be preserved by the siting of structures to take advantage of natural topographic or landscape features which would cause struc- tures to blend with their natural surroundings. The Site Develop- ment Authority shall consider the following guidelines in approving the location of a structure. (1) Single story buildings may be required on hilltops and ridge- lines. (2) Cut foundations should be used in place of fill on hilly terrain. (3) Native or naturalized vegetation should be used to conceal structures wherever possible., (4) Structures may be located on ridgelines or hilltops only when they can be rendered unobtrusive by one or more of the fol- lowing techniques. (i) The use of natural vegetation and/or added landscaping. (ii ) The use of a low-profile house, with a sloping roofline and foundation, that follows the natural contours of the site. (iii ) The use of exterior roofing and siding materials and colors that blend with the natural landscape. (5) Hilltops or ridgelines shall not be cut down, flattened, or similarly graded to create a building pad in excess of the actual area covered by the principal residence. —19— (c) Disturbance to the site. The location of all structures should create as little disturbance as possible to the natural landscape. The amount of grading, excavation, or fill shall be the minimum necessary to accommodate proposed structures, unless grading is proposed to lower the profile of buildings. Additional grading may be allowed for the purpose of lowering the profile of the building provided that at the completion of the project the visual altera- tion of the natural terrain is minimized. The removal of vegeta- tion and alteration of drainage patterns shall be the minimum necessary to accommodate the proposed structure. (d) Passive solar energy conservation. Opportunities for passive solar energy shall be considered in the siting of buildings. Section 10-2.703. Construction. (a) Foundations. The types of foundation to be used for primary and accessory structures shall be selected to insure that at the com- pletion of the project the visual alteration of the natural terrain is minimized. Type II foundations - step-on-contour, daylight, pole foundations, or a combination thereof - shall be used on building sites with natural slopes in excess of 14%. (b) Color and Materials. For large or highly visible surfaces on buildings, special attention shall be given to the selection of exterior colors and construction materials that are not highly reflective. (c) Appurtenances. Dish antennae, freestanding solar panels, and simi- lar appurtenances as defined in Section 10-2.301 may be approved by the Zoning Administrator under the following conditions: (1) The appurtenance is the minimum size necessary to adequately serve its purpose. (2) The appurtenance can be suitably screened by landscaping, the use of colors or materials that blend with their surroundings, or by natural features of the site without adversely affecting its operation. (3) Landscaping shall be placed to screen appurtenances such as solar panels and dish antennae in such a manner as to not sig- nificantly affect the basic function of such equipment. These structures shall not be permitted unless they can function in the presence of such screening. (4) The appurtenance is not placed in a conspicuous position or. on a hilltop or ridgeline. The Zoning Administrator may impose additional conditions on the size, location, and construction of appurtenances as (s)he deems necessary to carry out the purposes of this Chapter. -20- ARTICLE 8. LANDSCAPING Section 10-2.801. Purpose. The purposes of this Article are to create the maximum compatibility of development with the natural environment; to preserve the rural quali- ties of the Town; to insure that structures, as viewed from off-site, blend harmoniously with the natural landscape and are unobtrusive; to maintain soil stability; to abate noises; to protect wildlife habitats; to retain aesthetic quality; and to protect properties against fire and other natural forces. Section 10-2.802. Landscaping Policies. (a) Erosion. Landscaping shall be required to control erosion, retard soil creep, and reduce the potential for landslides. (b) Noise. Landscaping and berms may be required to shield Town residents from unnatural noises, such as those from freeways, arterial streets, and nonresidential land uses. (c) Visual Effects. Landscaping shall be required to mitigate the visual effects of development from off the site. (d) Preferred Plants. Landscaping should utilize fire retardant species. Native or naturalized plants or other plant species that blend naturally with the landscape should generally be favored. (e) Maintenance. Landscaping shall be maintained in healthy condition by property owners and shall not intrude into easements, paths, or the lines-of-sight required at intersections and along roads. (f) Tree Preservation. Every feasible attempt should be made to preserve existing trees. (g) Views. In order to prevent blockage of scenic views and vistas, the height at maturity of proposed plants and trees shall be con- sidered in determining the appropriateness of landscaping plans. (h) Amount Required. The Town shall require only the minimum amount of landscaping necessary to implement the above policies. The amount of landscaping required by the Town shall be determined by the size of structure, the types of materials, and the colors proposed for structures. Structures that blend with the natural landscape will normally require less landscaping for screening purposes than will structures composed of non-natural materials and bright colors. Where slopes are too steep to support continuous ground cover, niches and ledges may be required for planting. Landscaping may be required for cuts and fills along public roads. Section 10-2.803. Site Development. Landscaping to render structures inconspicuous from off-site and in conformance with the provisions of this Chapter shall be -21- y . • required by the Site Development Authority as a condition of approval of a site development application. Section 10-2.804. Preferred Species List. The Zoning Administrator shall maintain a preferred species list for distribution to applicants. The list shall note any special qualities of particular plant species, such as size at maturity, drought or fire resistance, soil requirements, etc. Section 10-2.805. Size and Placement. The number and size at maturity of plants used to screen and break up the outline of structures should be scaled to the size of the struc- tures and the siting angles from prospective viewing points, the types of building materials used, and the color scheme of the structure. In evaluating the adequacy of proposed landscaping, the following guide- lines shall be considered: (a) The shape, outline, color, and form of all structures shall be rendered unobtrusive when viewed from any location off-site at the time landscaping has matured . (b) The type of landscaping used shall be sensitive to the natural topography. For example, on steep slopes, plants that will maximize erosion control should be selected. (c) The type of landscaping shall be appropriate for the composition of the soil in which the plantings are to be located. Required landscaping should thrive with as little maintenance as possible. Section 10-2.806. Irrigation Systems. Sprinklers and other landscape irrigation systems shall not be allowed in any public right-of-way without an encroachment permit. Section 1022.807. Maintenance of Landscaping. Landscaping shall be maintained in a natural , healthy condition. Diseased or dead plants shall be replaced. Combustible brush shall be removed from the site. A minimum of twelve feet (12' ) vertical clear- ance shall be maintained over driveways, public pathways and public rights-of-way. Landscaping shall be maintained according to the conditions of any performance bond filed with the Town. Section 10-2.808. Fences and Walls. Any wall or fence may be required to be landscaped. -22- ARTICLE 9. RECREATION COURTS Section 10-2.901. Tennis and Other Recreation Courts (a) Grading. Grading for tennis courts and other recreation courts shall not exceed six feet (6' ) of fill or twelve feet (12' ) of cut and fill . A site development application for a tennis or other recreation court which proposes grading in excess of the limits in this Article may be approved by the Planning Commission upon finding that the excess cut or fill , (i) Will not result in slopes prone to landslides or soil creep; (ii ) Can be landscaped and/or contours rounded to render the cut or fill inconspicuous when viewed from off the site; (iii ) Can be properly drained according to methods approved by the City Engineer. (b) Screening. Recreation courts shall be landscaped and screened so as to be unobtrusive from off-site. The structure will not be permitted unless this screening can be accomplished without interfering with the function of the structure. (c) Color. All surfaces and retaining walls shall be colored in natural tones and screened as appropriate so that the court is not conspicuous when viewed from off-site. —23— ARTICLE 10. OUTDOOR LIGHTING Section 10-2.1001. Recreation Courts. No artificial lighting shall be permitted for tennis and other recreation courts. Section 10-2.1002. Swimming Pools and Spas. Artificial lighting of swimming pools and spas shall be permitted only under the following conditions: (a) Light(s) are placed beneath the surface of water in the pool or spa to illuminate the water. (b) Other exterior lights used to illuminate the surrounding area use the minimum wattage which will safely illuminate the area. (c) No direct light is cast beyond the immediate area of the pool or spa. (d) No light sources are directly visible from off the site. Section 10-2.1003. Outdoor Lighting - General . Outdoor lighting should use the minimum wattage lights which will safely illuminate the area. Outdoor light sources shall be shielded so as not to be directly visible from off-site. -24- ARTICLE 11. DRIVEWAYS Section 10-2.1101. Purpose. The purposes of this Article are to insure that driveways are designed and constructed to provide adequate sight distances; to allow for emergency access; to be unobtrusive from .off-site; to limit the removal of trees and environmental damage; and to insure that while minimizing impermeable surfacing, sufficient off-street parking is provided on each site to meet the needs of the occupants, their guests, and service vehicles . Section 10-2.1102. Driveway Location and Construction. (a) Driveways shall enter the fronting road or street in such a manner as to provide safe sight distance and ease of ingress and egress, and shall be brought to the road or street at an angle as near a right angle as safety and physical features permit. (b) Natural slope and topography shall be retained whenever safely possible. (c) Where the driveway is in an embankment, culverts and embankment protectors shall be used to convey the runoff or other drainage to proper disposal channels. (d) Intersections of driveways and pathways shall be surfaced in a manner approved by the City Engineer to minimize the danger of slipping by pedestrians or horses. (e) An encroachment permit shall be required for work to be done in the public right-of-way. (f) The horizontal alignment of the driveway shall be adequate for safe and convenient travel . (g) Driveways shall meet or exceed grade and turning radius standards adopted by the City Council . Driveways shall not exceed a maximum grade as established by the City Council . (h) Driveways shall not be located within 10 feet of any property line except as necessary for site access and common driveways and as approved by the Site Development Authority. -25- • ARTICLE 12. ROAD RIGHT-OF-WAY DEDICATION Section 10-2.1201. Purpose. The purpose of this Article is to insure that the minimum design stand- ards for road or driveway right-of-ways are satisfied for those lots created prior to January 1, 1973. Section 10-2.1202. Right-of-Way Dedication. Wherever a site development permit is requested for a lot which was created prior to January 1, 1973, and where the driveway or contiguous road right-of-ways are substandard, the Site Development Committee or Planning Commission may require dedication of a right-of-way of suf- ficient width to conform to current Town standards. -26- • ARTICLE 13. ADMINISTRATION AND ENFORCEMENT Section 10-2.1301. Administration and Enforcement Officials. Except as otherwise provided in this Chapter, the City Manager, City Clerk, Zoning Administrator, or other designated public official shall administer and enforce the provisions of this chapter. Section. 10-2.1302. Permits. No structure or accessory structure for which a building permit is required by the Building Code shall be erected or altered until a per- mit therefor has been issued by the Building Inspector or other person designated by the Council . All applications and fees for such permits shall be in accordance with the requirements of this Chapter and other laws, and no building permit shall be issued for any building where the construction, addition, or alteration would violate the provisions of this chapter or- other laws. Section 10-2.1303. Zoning and Site Development Permits: Applications: Accompanying Data. Each application for a zoning or site development permit shall be made by the owner of the property, or an authorized agent, to the Zoning Administrator on a form furnished for that purpose. To insure the compliance with the provisions of this Chapter, such application shall be accompanied by the following, unless the Zoning Administrator finds them unnecessary. (a) A plot plan drawn by a civil engineer or licensed land surveyor in the number of copies required by the Zoning Administrator showing: (1) The location of all property lines, dimensions of the lot, and any portions of the lot to be dedicated. (2) The location of existing and proposed development area as defined in Section 10-1.217, "Development Area." (3) The location of all existing and proposed streets, roadways, driveways, easements, and other rights-of-way. (4) The natural and existing topographic contours of the site in dashed lines and the proposed contours in solid lines. Con- tour intervals shall be not less than two (2' ) feet where slopes are predominately five (5%) percent or less and five (5' ) feet where slopes are predominately steeper than five (5%) percent. Ninety (90%) percent of all contours shall be accurate within one-half (1/2) contour interval , and all con- tours shall be accurate within one contour interval . The source of topographical information shall be indicated. The —27— civil engineer shall present slope calculations and shall certify as to the accuracy of the existing and proposed contour lines. (5) The location of all wells, drainage channels, and the location of intermittent and permanent springs, culverts, and other drainage structures. (6) Calculations regarding the total volume of cut and fill resulting from proposed grading operations. (7) The area of the subject lot in gross and net acreage, and the foundation type for any existing or proposed building. Each lot shall contain a circle having a diameter of 160 feet inscribed totally within its net area. (8) Architectural elevations showing all sides of structures and other angles as necessary to demonstrate conformance with height limitations. (9) Location, dimension, and character of all existing and pro- posed easements. (10) County Environmental Health approval for all lots using private septic tank. (b) The following information as required by the Zoning Administrator: (1) The details of any proposed drainage, structures, cribbing, terraces and/or surface protection, not including vegetative cover, required as a result of grading and required for the support of adjoining property. (2) Grading specifications. (3) Profiles. (4) Drainage calculations. (5) Soils data, including a report from a registered soils engi- neer and/or an engineering geologist. (6) A statement of the estimated starting and completion dates for the grading work proposed and any landscape work which may be required. (7) An erosion control plan to keep dirt and sedimentation on the site during construction. (8) Detailed landscape plans. The landscaping plans shall show the location and size at maturity of all plants proposed to meet requirements of the purposes of this Chapter and land- scaping materials and shall include elevations in sufficient detail for the Site Development Authority to evaluate the -28- adequacy of proposed landscaping in meeting the require- ments of this article. The Site Development Authority may require that landscaping plans be prepared by a landscape architect licensed by the California Board of Landscape Architects. The Zoning Administrator shall maintain for public distribu- tion a set of policy and administrative guidelines, approved by the City Council , to be followed by all applicants in meeting the landscape requirement of the Town. (9) Plans and elevations showing existing landscaping, including the location of trees larger than 20 inches in circumference as measured at 4 feet above the ground. (10) A statement by a licensed landscape architect or nursery oper- ator regarding the length of time after planting for special maintenance normally required to produce the specified per- centage of plant coverage on the slopes in the slope control areas, and the additional length of time, without any special maintenance, normally required to produce a coverage of per- manent planting which will control erosion. (11) Details of all items and features pertaining to site preserva- tion and improvements, such as retaining walls and tree wells, and details not shown on other plans accompanying the applica- tion. (12) The location of all stakes and monuments which indicate pro- perty boundaries. (c) Such other information as shall be required by the Site Development Authority. (d) For lots created prior to 1973 that are presently vacant, or where an increase in floor area of 25% or more is proposed for any exist- ing structures, the following information shall also be required. The Site Development Authority may waive any of these requirements if evidence is provided indicating they are unnecessary. In addition, the following items may be required for applications where an increase of less than 25% floor area is proposed, if such items are deemed necessary. On the Map: (1) The name and copy of any recorded map applicable to the build- ing site. (2) Date of preparation of the map, north arrow, scale and contour interval , all located in the lower right hand corner of the map. (3) Assessor's Parcel Number for the lot. —29— (4) Building foundation type. (5) Existing wells, active or abandoned, and proposed disposition. (6) Locations of areas subject to inundation or storm water flood, and provisions for flood control , if any. (7) Sanitary sewer disposal , as proposed by the developer. (8) Approximately distance, size, and location of the nearest existing sanitary sewer main. (9) Properties adjoining the subject lot on all sides, even though separated by a public or private right-of-way, specifying the approximate area in acres, name(s) of the owner(s), assessor's parcel number(s) and all improvements and topographic features within 300 feet. An aerial photograph to the same scale as the Site Development Map may be substituted to meet the requirement for showing topographic features and improvements. (10) Statement of agencies or jurisdictions providing the proposed domestic water supply. (11) Fire protection system, hydrants, emergency easements, etc. as recommended by the Los Altos Fire Protection District. (12) Vicinity map that depicts the location of the property from the nearest arterial road. This vicinity map is for direc- torial aid and no scale is required. (13) Statement of the improvements proposed to be constructed or installed, approximate time when said improvements shall be installed, the approximate date of their completion, and the point of access if not shown by map. (14) The names, addresses, and telephone numbers of the recorded owner(s), developer(s) and the Registered Civil Engineer or State of California Licensed Land Survey or who prepared the map. The Registered Civil Engineer or Licensed Land Surveyor shall include his stamp, number and signature. To be attached: (1) A preliminary title report prepared within the previous six months. (2) The names, addresses, and assessor's parcel number of the recorded owner(s) of properties within three hundred feet (300' ) of the proposed building site property lines. (3) A preliminary geotechnical and soils report as required by the Town Geologist. (4) A single eight and one-half inch by eleven inch (8-1/2" x 11") —30— clear transparency of the Site Development Map. Section 10-2.1304. Applications: Reviews and Consultants. The Zoning Administrator or designee may retain the services of engi- neering geologists, soils engineers, foresters, or landscape archi- tects to advise in the review of site development applications. The costs of such services shall be borne by the applicant. Section 10-2.1305. Applications, Action and Hearings. (a) The Zoning Administrator shall review all site development applica- tions for projects meeting the definitions. in Section 10-2.301(a) . The Zoning Administrator may issue a permit with such reasonable conditions as (s)he may deem necessary to achieve the purposes of this Chapter, may refer the application to the Site Development Committee, or may disapprove the application for site development. (b) The Site Development Committee shall review all site development applications for activities meeting the definition of Section 10-2.301(b). The Committee may issue a permit with such reasonable conditions as it may deem necessary to achieve the objectives of this Chapter, may refer the application to the Planning Commission, or may disapprove the application for site development. No permit for site development shall be granted by the Committee without a hearing having first been held thereon. Notice of the time and place of the hearing shall be given at least ten (10) calendar days before the hearing to all owners of real property within the Town and within three hundred feet (300' ) of the peri- meter boundaries of the property which is the subject of an applic- ation for a site development permit. Notice shall be sent through the United States mails, with postage prepaid using addresses from the last equalized assessment roll , or, alternatively, from such other records of the assessor or the tax collector as may contain more recent addresses. The notice shall state the purpose of the application, the time and place of the hearing thereon, and a statement that all written and oral statements will be considered by the Site 'Development Committee. (c) The Planning Commission shall review all site development applica- tions for projects meeting the definitions in Section 10-2.301(c). The Commission may issue a permit with such reasonable conditions as it deems necessary to achieve the purposes of this chapter or the Planning Commission may disapprove the application for site development. No permit for site development shall be granted by the Commission without a hearing having first been held thereon. Notice of the time and place of the hearing shall be given at least ten (10) calendar days before the hearing to all owners of real property within the Town and within three hundred feet (300' ) of the peri- meter boundaries of the property which is the subject of an appli- cation for a 'si te` development"permi-t. *...Noti d6"-§half-"be- sent-through the United States mails, with postage prepaid using -addresses from —31— the last equalized assessment roll , or, alternatively, from such other records of the assessor or the tax collector as may contain more recent addresses. The notice shall state the purpose of the application, the time and place of the hearing thereon, and a statement that all written and oral statements will be.considered by the Planning Commission. Section 10-2.1306. Applications: Referral to Site Development Committee or Planning Commission. Where the Zoning Administrator or Site Development Committee finds that the application includes unusual or complex conditions, including, but not limited to, significant amounts of soil to be moved, topography; drainage, or unstable soil conditions, either authority may refer the application to the next authority level . When the Zoning Administrator refers an application to the Site Development Committee or the Site Development Committee refers an application to the Planning Commission, the following procedures shall be followed: (a) Reports, Hearings, Notices. The Zoning Administrator or Site Development Committee shall prepare a report on the application with a recommendation to the next authority level . The Site Development Committee or Planning Commission shall hold a hearing on the application for the proposed site development permit, and, before holding such hearing, shall send notices to the same persons and in the manner prescribed in Section 10-2.1305 (b) and (c). (b) Approval or Disapproval . Upon completion of the hearing and after the consideration of the recommendations of the Zoning Adminis- trator or Site Development Committee, the higher authority shall approve the application with such reasonable conditions as it may deem necessary to achieve the objectives of this Chapter or disapprove the application for the site development. (c) Automatic Approval . Failure of the Site Development Committee or Planning Commission to make a determination upon the approval , conditional approval , or disapproval of the application for a site development permit within sixty (60) days after the motion for referral shall constitute an approval of the application, unless such time is extended with the consent of the applicant. Section 10-2.1307. Issuance: Distribution of Copies. Upon the approval of a site development permit application, the stamp of approval of the Site Development Authority shall be placed on the approved plot plan. All conditions of the approval shall also be placed on each copy of the approved plot plan. One copy shall be given to the applicant, and one copy shall be retained in the records of the Town. The site development permit shall consist of an approved plan as approved by the Site Development Authority which provides the approved activity(ies), and any conditions imposed by the Site Development Authority. -32- Section 10-2.1308. Revocation. (a) Stop Work Order. The Zoning Administrator or designee is author- ized to issue a stop work order upon detection of any violation of this Chapter. The stop work order shall be on a form approved by the Zoning Administrator and shall be posted in a conspicuous place on the project site. All work specified in the order shall cease immediately upon posting of the stop work order, except that the Zoning Administrator or designee may authorize additional work necessary to prevent any imminent health or safety threat from the incomplete project. (b) Revocation Authority. The Planning Commission shall revoke or sus- pend the site development or zoning permit if the person holding the permit: violates the terms of the permit; or conducts or car- ries on site development in such a manner as to materially affect the health, safety or welfare of persons residing or working in the neighborhood of the property of the permittee; or conducts or car- ries on site development so that it is materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. (c) Hearings: Notices. No site development or zoning permit shall be permanently revoked or suspended until a hearing is held by the Planning Commission. A written notice of such hearing shall be served upon the permittee, either personally or by registered mail , and shall state: (1) The grounds for the complaint or the reasons for the revoca- tion or suspension. (2) The time when and the place where such hearing shall be held. Such notice shall be served by registered mail or personal service on the permittee at least five (5) days prior to the date set for the hearing. (d) Hearings: Determinations. At any such hearing, the permittee shall be given an opportunity to be heard, -and may call witnesses and present evidence on his/her behalf. Upon the conclusion of the hearing, the Planning Commission shall determine whether the permit shall be suspended or revoked. In the event the determination is to suspend or revoke the permit, the permittee may appeal the decision to the Council as set forth in Section 10-1.1109. Section 10-2.1309. Expiration. Every site development and zoning permit shall expire by limitation and become null and void if the work authorized by such permit has not been commenced within one calendar year or has not been completed within two years from the date of its issuance; provided, however, the Zoning Administrator or designee may, if the permittee presents satisfactory evidence that unusual difficulties have prevented work being started or —33— • completed within the specified time limits, grant a reasonable exten- sion of time if a written application is made before the expiration date of the permit. The City Council may grant a reasonable extension of time if a written application is made after the expiration date of the permit. Section 10-2.1310. Issuance of Conflicting Permits, Licenses, and Certificates. Any permit, license, or certificate issued in conflict with the pro- visions of this chapter shall be null and void. Section 10-2.1311. Supplemental Regulations and Procedures. The Planning Commission may recommend and the Council may adopt in accordance with the provisions of this. Chapter and in amplification thereof such regulations and procedures as may be deemed desirable for the Town. Such regulations and procedures shall be typed or printed and kept on file with the City Clerk in the Town Hall and be available for the use of any interested party at any time during the office hours of the City Clerk. Section 10-2.1312. Inspections. (a) Authorized. The Zoning Administrator or designee shall make the inspections as necessary to insure compliance with the provisions of this Chapter. Where it is found by inspection that conditions are not substantially as stated or shown in the application for the site development permit, or when pathways and other easements are in jeopardy, the Zoning Administrator, City Engineer, or designee may stop further work until approval is obtained for a revised permit conforming to the existing conditions. (b) Maintenance of Plans and Permits. The plans which were approved for site development. and zoning, bearing the stamp of approval of the Site Development Authority shall be maintained at the site during the progress of the work. Section 10-2.1313. Appeals. Any person aggrieved by a determination of the Zoning Administrator or Site Development Committee may appeal such determination to the Plan- ning Commission by filing a written notice of appeal with the Zoning Administrator within ten (10) days after receiving a notification of the Zoning Administrator or Site Development Committee's decision. Any person aggrieved by a determination of the Planning Commission may appeal such determination to the City Council by filing a written notice of appeal with the City Manager within ten (10) days after receiving a notification of the determination of the Planning Com- mission. A non-refundable filing fee and a deposit for services the amount of which shall be set by resolution of the City Council shall accompany each such notice of appeal . The City Manager shall put the matter on the agenda for a hearing at the next regularly scheduled City Council meeting. -34- Section 10-2.1314. Fees. (a) There shall be paid for each site development and zoning permit a non-refundable filing fee and deposit, the amount of which shall be established by resolution of the City Council . (b) The Site Development Committee or Planning Commission may require fees, including in lieu payment, for the storm drainage assessment fund, road improvements, and pathway improvements for every lot created prior to January 1, 1973. Such amount will be as established by resolution of the City Council . Section 10-2.1315. Bonds. The applicant may be required by the City Engineer to file with the City Clerk a faithful performance bond or other improvement security satisfactory to the City Attorney in an amount deemed sufficient by the City Engineer to cover all the costs of improvements as required by the provisions of this Chapter: landscaping, the maintenance of land- scaping for such periods as specified by the Site Development Authority, engineering, inspection fees, and incidental expenses. Section 10-2.1316. Liability. Failure of the Site Development Authority to discover violations of this Chapter or to deny the site development or zoning permit shall not relieve the permittee of responsibility for the condition or damages resulting therefrom, and shall not result in the Town, or its officers or agents, being responsible for the conditions or damages resulting therefrom. Section 10-2.1317. Activities Prohibited. (a) Sales of Topsoil : Quarrying. The provisions of this Chapter shall not be construed as permitting the removal of topsoil solely. for resale or permitting quarrying of any nature within the Town. (b) Maintenance of Nuisances. The provisions of this Chapter shall not be construed as authorizing any person to maintain a private or public nuisance upon his property, and compliance with the provi- sions of this Chapter shall not be a defense in any action to abate such nuisance. Section 10-2.1318. Violations: Penalites; Fees., (a) Penalties. Any person violating any of the provisions of this Chapter or of any permit issued pursuant to the provisions of this Chapter shall be deemed guilty of misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $500 or imprisonment for a period not exceeding six months, or both. (b) Fees. In each case in which work for which a permit is required by the provisions of this Chapter is started without obtaining such permit, the fee for such permit thereafter granted shall be ten (10) times the normal fee for such permit. -35- • SECTION 16 . SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, or the application thereof to any person or circumstances , is for any reason held to be unconstitutional 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 declares that it would have passed each section, subsection, subdivision, paragraph, sentence;clause or phrase thereof, irrespec- tive of the fact that any one or more sections, subsections, sub- divisions , paragraphs , sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. SECTION 17. INTERPRETATIONS. In interpreting and applying the provisions of this Ordinance, the requirements contained herein are declared to be minimum re- quirements for the purposes set forth. The provisions of this Ordinance, insofar as they are sub- stantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments. It is the intention of the City Council that any Section of the Los Altos Hills Municipal Code within which reference is made to the number of any Section which is renumbered in this Ordinance shall itself be amended to conform to the new Section number. This Ordinance shall not nullify the more restrictive pro- visions of covenants , agreements or other ordinances or laws , but shall prevail as to such provisions which are less restrictive. -36- SECTION - 18. EFFECTIVE DATE.. POSTING. This Ordinance shall be in full force and effect thirty (30) days from and after its passage, and shall be posted within the City of the Town of Los Altos Hills in three (3) public places. The within Ordinance was introduced at a regular meeting of the City Council of the City of the Town of Los Altos Hills held this 10th day of October, 1985 , and was thereafter passed and enacted at a regular meeting of the CityCouncil of the City of the Town of Los Altos Hills this 11th day of November, 1985, by the following roll call vote: AYES: Councilmember: Dronkert, Fuhrman, Allison, Van Tamelen NOES: Councilmember: ABSENT: Councilmember: Rydell MAYOR ATTEST: CITY CL RK Ord. #299/page 37 -37-