HomeMy WebLinkAbout180 ORDINANCE NO. 180
SUBDIVISION ORDINANCE
AN ORDINANCE REGULATING THE SUBDIVISION OF LAND IN THE TOWN
OF LOS ALTOS HILLSs REQUIRING AND REGULATING THE PREPARATION AND
PRESENTATION OF TENTATIVE AND FINAL MAPS FOR SUCH PURPOSES:
ESTABLISHING MINIMUM SUBDIVISION DESIGN STANDARDS: PROVIDING
MINIMUM IMPROVEMENTS TO BE MADE OR GUARANTEED TO BE MADE BY THE
SUBDIVIDER; SETTING FORTH THE PROCEDURE TO BE FOLLOWED IN APPLYING
THESE RULESS REGULATIONS AND STANDARDS; AND PRESCRIBING PENALTIES
FOR THE VIOLATION OF ITS PROVISIONS AND REPEALING ANY ORDINANCE
OR PORTION OF AN ORDINANCE IN CONFLICT THEREWITH.
THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION I. SHORT TITLE.
1:10: Title. This Ordinance shall be known and may be cited as the
"Subdivision Ordinance of the Town of Los Altos Hills".
1:20: Purposes. This Ordinance is adopted to regulate the division of
land and to require the..provis ion of certain prescribed improvements which
are needed in consequence of the division of land in order to achieve the
following purposes:
A. To insure the development of land in a manner consistent with
general community objectives as set forth in the General Plan;
B. To insure that all subdivision and development of land conforms
to the primary objective of providing in the Town .of Los Altos
Hills for a permanently wholesome rural residential environment;
C. To promote the public health, safety, convenience, and general
welfare;
D. To protect property in the Town of Los Altos Hills against
deterioration and obsolescence;
E. To preserve and protect the natural beauty and the established
character of the community, and through good design provide for
a harmonious relationship between the completed subdivision and
the natural environment;
F. To provide lots of adequate size and appropriate design for the
purposes for which they are to be used;
G. To protect the community against excessive storm water run-off,
soil erosion, earth movement, earthquake, and other geologic
hazards;
H. To facilitate law enforcement and fire protection through orderly
design and development and the provision of adequate facilities
and improvements;
I. To insure at the time of subdivision the provision of adequate
water supply, storm drainage, sewage disposal, and other utilities,
services and improvements needed as a consequence of the division
of land;
J. To insure that governmental costs are minimized by requiring the
installation of improvements of adequate size and quality;
K. To provide streets of adequate capacity with appropriate improve-
ments, to provide access to abutting property, to carry the
anticipated traffic, and to insure that streets are designed so
as to minimize safety hazards to vehicles and their occupants,
pedestrians and equestrians;
L. To assure that street rights-of-way are corridors of natural
vegetation and terrain through which motorists and other can
travel and retain the feeling of passing through a natural,
undisturbed area, and that street rights-of-way are designed to
form an important part of the total open space environment of
the Town.
M. To provide paths and trails for the use, safety and convenience of
pedestrians, bicyclists and equestrians desiring access to community
facilities, travel throughout the community, and enjoyment of the
natural amenities of the community;
N. To minimize through traffic on residential streets;
O. 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.
SECTION II. DEFINITIONS.
2:10: The following terms are defined for use in this Ordinance:
A. "Building Site". That portion of a lot on which a residence may
be placed so as to conform with this Ordinance and all building,
sanitary, zoning, and other regulations.
B. "Lot". A unit of land shown as a lot on a final recorded map or
parcel map.
C. "Owner". Any individual, firm, association, syndicate, co-
partnership, corporation, trust, or any other legal entity having
sufficient proprietary interest in the land sought to be divided,
to commence and maintain proceedings to divide the same under this
Ordinance.
D. "Parcel". A parcel consists of all contiguous land held in one
ownership as indicated in the records of the County Recorder_
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E. "Road", A way for vehicular traffic whether designated as a road,
lane, street, avenue, way, place, highway, thoroughfare, or
otherwise.
F. "Subdivider". Any individual, firm, partnership, corporation, or
other legal entity commencing proceedings under this Ordinance to
effect a subdivision of land hereunder for himself or for another
or others.
G. "Subdivision". Any land, improved or unimproved, or portion thereof,
shown on the last preceding tax roll as a unit or as contiguous
units, which is divided for the purpose of sale, mortgage or lease,
whether immediate or future.
H. "Subdivision Committee". The Subdivision Committee shall be
composed of the Chairman of the Planning Commission or his
designated representative, the City Manager, Town Engineer, Town
Planner, Chairman of the Pathway Committee, Fire Department
Representative and Health Officer.
I. "Town". The Town of Los Altos Hills.
J. "Town Standards". Specifications of the Town for Engineering,
which have been established by the City Council.
K. The definitions and meaning of other words which appear in the
Subdivision, Map Act of the State of California such as but not
limited to "County Surveyor Advisory Agency, Design, Improvement,
Tentative Map, Final Map, Record of Survey Map", are adopted as
definitions of said words whenever they. appear in this Ordinance.
SECTION III. GENERAL PROVISIONS.
3:10: Authority. No division of land shall be made within the corporate
limits of the Town of Los Altos Hills except in conformity with the applicable
provisions of this Ordinance and of the State Map Act.
3:15: Interpretation of Subdivision Ordinance. Whenever any provision
of this Ordinance and any other provision of Town law, whether set forth in
this Ordinance or in any other law, ordinance or resolution of any kind,
impose overlapping or contradictory regulations over the subdivision of land,
or contain any restrictions covering any of the same subject matter, that
provision which is more restrictive or imposes higher standards or require-
ments shall govern.
3:20: Building Permits. No building permits shall be issued for any
structure, nor shall any permit be issued by the Health Department for any
septic tank or sewage disposal system, within a subdivision, until it has
been approved and Final Map thereof has been recorded..
3:30: Sale of Lots. It is unlawful for any person to offer to sell,
mortgage or lease, to contract to sell, mortgage or lease, or to sell,
mortgage or lease any subdivision or any part thereof until a Final Map or
Parcel Map thereof, in full compliance with the provisions of this Ordinance,
has been duly recorded or filed in --the Office of the Recorder of Santa Clara
County.
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3:40: A Lot Not Intended for Buildings. As to any parcel which does
not have an existing residence and is not to be used for such purpose, the
Planning Commission may recommend and the City Council may grant waiver of
any or all of the provisions of this Ordinance and of the Town Standards.
Wherever a waiver is granted under this Section, it must be upon the
condition that the instrument creating the division of land incorporates a
declaration of the understanding that the division, of itself, does not
qualify as a buildable lot under this Ordinance.
3:50: Recordation. No Map of any subdivision shall be entitled to
record in the County Recorder's Office, until it has met all conditions of
approval as herein provided. Should any unapproved Map or any unapproved
description of division nevertheless be recorded, the City Council shall
institute proceedings to have it cancelled of record.
SECTION IV. PROCEDURE.
4:10: Preparation. The initial action in connection with the making
of any subdivision shall be the preparation of a Preliminary or a Tentative
Map which shall show, or be accompanied by, such data as prescribed by the
Subdivision Map Act and by this Ordinance. Every person desiring to divide
a parcel of land in the Town of Los Altos Hills into two (2) or more parcels-
shall
arcelsshall follow the procedures prescribed by this Section.
4:15 Exception, Transfer of Land Between Adjacent Property Owners.
Where land is to be transferred between adjacent property owners for the
purpose of enhancing the usefulness of one or 'both of the parcels and will
not result in a transfer of land that will increase the potential number of
lots that might be subdivided, the provisions of Section IV shall be complied
with, except the filing of Preliminary and Tentative Maps may be waived at
the discretion of the Planning Commission.
4:20: Exception, Four (4) Lots or Fewer. Whenever the division of
land shall create four (4) lots or fewer which meet all the requirements of
either "All,or "B" below, the requirement of a Preliminary Map and conference
may be waived by the Subdivision Committee, and a Parcel Map may be filed in
lieu of a Final Map:
A. The proposed lots face on an existing and improved road complying
with the requirements of this Ordinance- and the Town Standards;
no new roads or road improvements are needed or required to
provide access to the proposed lots; and, no easements, or no
rights-of-way requiring dedication to public use are needed, to -
serve the proposed lots; or
B. The Town Engineer finds that it is practical for the subdivider,
prior to the filing of the Parcel Map, to install or guarantee to
install by the posting of a bond or a deposit of cash any improve-
ments needed to comply with the standards and requirements of this
Ordinance and to make any required dedications of easements or
rights-of-way to serve the proposed lots.
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Ord. #180
4:25: Subdivision of Land for Public Utility Purposes. Where a public
utility company possessing the power of eminent domain proposes to divide
land for the purpose of creating a site for a facility of said company, the
provisions of Section IV shall be complied with, provided, however, that the
filing of Preliminary and Tentative Maps and accompanying procedures may be
waived by the Planning Commission. The utility company shall submit a map
or maps and other information sufficient to describe essential features of
the lands involved and the proposed utility site.
4:30: Preliminary Map, Preparation and Filing. Prior to the filing of
a Tentative Map the subdivider shall submit to the Town a Preliminary Map
showing the information listed below and such other information the subdivider
deems sufficient to describe the essential features of the property and the
proposed or contemplated uses and the design of the developments . The
Preliminary Map shall be submitted in number as prescribed by resolution and
shall be accompanied by required fees and deposits.
A. The tract name if determined;
B. Date of preparation;
C. North point;
D. Scale;
E. dames, addresses and telephone numbers of record owner and subdivider;
F. Name and address of the person who prepared the map;
G. Approximate contour lines, contour interval, and source of contour
information;
H. Slope density calculations;
I. Existing and proposed streets;
J. Existing and proposed trails and paths;
K. Proposed conservation easements;
L. Areas proposed for public uses;
M. Proposed lot lines;
N. Approximate percent of grades on streets;
0. Area of lots to nearest one-tenth (1/10) of an acre;
P. Proposed method of water supply and sewage disposal.
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 parcel.
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4:35: Distribution. Within five (5) days after the submittal of a
Preliminary Map the Town Engineer shall transmit copies along with accompany-
ing data to members of the Subdivision Committee, and send notice to
adjoining property owners and property owner associations within five
hundred (500) feet.
4:40: Subdivision Conference. The Town Engineer shall schedule a
conference to be held within thirty-one (31) days after submittal of a
Preliminary Map, between the Subdivision Committee and the subdivider on the
information and plans submitted. The Committee, taking into consideration
the provisions of this Ordinance, shall make such general recommendations to
the Subdivider as seem appropriate and shall recommend consultations by the
subdivider with other interested public or private agencies. The Town
Engineer shall, within ten (10) days after the meeting, furnish a written
copy of the Committee recommendations to the subdivider and to all other
public or private agencies who may be interested.
4:41: Planning Commission Review. When the Subdivision Committee
finds that a Preliminary Subdivision Map involves policy questions and that
a review of such matters with the Planning Commission would assist in the
processing of the subdivision application, the Committee may submit the
questions to the Planning Commission. The Commission may review the
questions 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 Subdivision Map. All comments
of individual. Commissioners shall be construed as suggestive only recognizing
the preliminary nature of the proceedings and shall not be binding on the
Commission.
4:45: Tentative Map Preparation. The Tentative Map shall be prepared
by a registered civil engineer or licensed land surveyor. The Tentative Map
shall be in full compliance with the requirements of this Ordinance, The
Tentative Map shall be clearly and legibly drawn. The map shall be
18 x 26 inches in size and to a scale of one inch equals one hundred feet
(1" = 1001 ) unless the Town Engineer finds that a larger size map and/or
larger scale will facilitate review by the Town of the proposed subdivision.
4:50: Filing, Referrals and Fees.
A. The number of prints and ,the time of filing shall be specified
by Resolution of the City Council.
B. Fees shall be filed with the Tentative Map in accordance with
the Fee Schedule formally adopted by City Council Resolution.
C. The Town Engineer shall not accept any map or data for filing
unless or until he is satisfied that all information required
is submitted and are accompanied by the required fees. Such
acceptances shall not be binding, however, upon the Planning
Commission as to the sufficiency of provisions therein.
D. The Town Engineer shall transmit prints of the Tentative Map to
the Subdivision Committee, any affected public agency or public
utility company, and schedule a Subdivision Committee conference
to be held with the applicant within ten (10) days of acceptance
of the map for filing. The Town Engineer shall within ten (10)
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days after the meeting prepare a written report of the Committee's
recommendations for the Planning Commission and shall furnish a
copy of such report to the applicant.
E. In the event the subdivision is adjacent to the area of any other
city, or to the County of Santa Clara, then a copy shall be sent to
the Clerk of said other city or the County, in compliance with the
provisions of Section 11528 of the California State Map Act. Each
agency shall file with the City Clerk a complete report on the _
proposed subdivision, recommending approval as conforming to all
regulations and standards, or recommending disapproval with reasons
therefor and all modifications which the subdivider will be required
to make. No action by the Planning Commission shall be taken until
at least fifteen (15) days after the Tentative Map is filed with
such other city or the County of Santa Clara, and opportunity given
for any recommendation by such city or the County.
F. The City Clerk shall place the Tentative Map on the Agenda of the
Planning Commission for action, as outlined in Section 4:30 and
shall give notice as to the time and. place of the meetings, which
notice shall be at least five (5) days prior to the meeting and
shall be stated on an Agenda on file at the Town Hall for public
inspection.
4:55: Information Required on Tentative Map. The map shall contain
the following information:
A. Tract name or number, date, north point, scale and contour interval,
all located in the right-hand lower corner of the map; and
sufficient description to define the location and boundaries.
B. Names and addresses of record owner, subdivider, and engineer or
surveyor.
C. Names of the owners and approximate size of all properties
immediately adjacent or opposite.
D. Gross and net acreage of the subdivision.
E. Slope density calculations on a form provided by the Town Engineer.
F. Locations, names and widths of all adjacent roads, both public
and private, including pavement type, width and location in relation
to rights-of-way.
G. Locations, names, widths, and approximate grades of all proposed
roads in the subdivision. Grades shall be shown by centerline
profile, preferably referred to mean sea level datum as established
by the U. S. Geological Survey or to bench marks of the County
Engineer. Cross sections shall be presented as required by the
Town Engineer.
H. Approximate location, width and extent of all existing and proposed
easements for drainage, sewage, public utilities or any other purpose.
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Ord. #180
I. Location and approximate dimensions of any existing buildings and
structures with uses thereof: and locations of any existing trees
with trunk of twenty (20) inch circumference measured at four (4)
feet above the ground, or larger. Rows of trees may be shown by
center lines. Clumps of trees may be shown by outline with the
number of such trees indicated.
J. An accurate contour map of the land to be divided with existing and
proposed contours at intervals of five feet (51 ): unless otherwise
specified by the Town Engineer, together with an overall grading
plan shoving how runoff of surface waters will be achieved, and how
all surface waters will be disposed of ultimately,
K. Approximate location of areas subject to inundation or storm water
flow and of all areas covered by water, and the location, width and
direction of flow of all water courses.
L. Approximate dimensions of all lots, and approximate radii of all
curves and approximate net acreage of all lots. All lots shall be
numbered. A circle of one hundred sixty (160) foot diameter shall be
inscribed on each lot in a location affording an adequate building
site as required in Section 6:20, Co 3.
M. Existing use or uses of the property,
N. Proposed uses of the property and the residential, agricultural or
public areas prop.osed, together with an outline of proposed
restrictions,
0. Fire protection system, hydrants, etc, , as may be required by the
Los Altos County Fire Protection District.
P. Source, quality and approximate quantity of water supply.
Q. Provision for sewage disposal, drainage and flood control.
R. Any exceptions or variations to provisions of this Ordinance
which the subdivider requests, and justifications and reasons
therefor.
S. Proposed tree planting.
T. Proposed street names.
U. An indication of lots excluded from the total net acreage of the
subdivisions used in determining the average lot area as specified
in applicable slope density regulations of the Town.
4:60: Additional or Different Data May be Required. Whenever it deems
such action desirable, the Planning Commission may require different or
additional data from that set forth in this Section.
Ord. #180
K.
4:65: Preparation of Parcel Hap or Final Map. Within eighteen (18)
months after approval or conditional approval of the Tentative Map, the
subdivider may cause the subdivision or any part thereof to be surveyed and
a Parcel or Final Map to be prepared as specified by the conditions of
approval of the Tentative Map, and filed with the Town Engineer with the
prescribed fees and deposits. Any failure to record a Parcel or Final Map
within the time limits specified or within any extension thereof granted
pursuant to Section 4:70 of this Ordinance shall terminate all proceedings.
Before a Parcel or.Final Map may thereafter be recorded, a new Tentative
Map shall be submitted. The Survey and Parcel or Final Map shall be made
by a registered civil engineer or licensed land surveyor, The Final Map
shall conform with the Tentative Map as approved and shall comply with all
provisions of this Ordinance and the Subdivision Map Act*
4:70: Time Extensions on Approved Tentative Mas. The City Council
may grant an extension of time not exceeding two (2) years beyond the eighteen
(18) months allowed for the recording of the Parcel or Final Map. Any
application of a subdivider for such extension of time shall be made in
writing to the City Council not less than thirty (30) days prior to the
expiration of the eighteen (18) months allowed. In granting such extension
of time the City Council may require compliance with requirements in effect
at the time such extension is considered.
4:75: Planning Commission Hearing on Tentative
A. The Planning Commission shall hold a public hearing for consideration
of the Tentative Map. Notice of said hearing shall be given as
follows:
1. By posting notices thereof for at least five hundred (5001 ) feet
at approximately one hundred (1001 ) foot intervals from each
boundary of the property along the road upon which it abuts,
or from any access road or way to property not having present
public road frontage;. and,
2. By posting notices thereof in each of the three (8) public
posting places within the Town; and,
3. By mailing notices thereof by ordinary United States mail to
each cwmer of property within five hundred (5001 ) feet of the
subdivided property, at the address shown for such owner on the
last equalized tax'assessment rolls said owners' names and
addresses to be provided by the subdivider upon filing the
Tentative Map.
B. Each notice of hearing hereunder shall contain sufficient informa-
tion to generally identify the property to be subdivided, the
owners and subdividers, and the nature of the application# includ"
ing the number of lots proposed. In any case involving a conditional
exception, the same shall be specifically noted and described in
the notice.
C. All such notices shall be given at least ten (10) days prior to
the date set for the hearing.
Ord. #180
4:80: Action on Tentative Map.
A. The Planning Commission shall determine whether or not the
Tentative Map is in conformity with all provisions of this
Ordinance and upon that basis shall, within fifty (50) days
after filing, take one of the following actions s
1. Recommend approval.
2. Recommend conditional approval.
3. Continue with concurrence of subdivider.
4. Disapprove.
5. Disapprove without prejudice. (under this action, the
applicant may resubmit his map within ninety (90) days,
without paying an additional filing fee. )
Such action shall be endorsed on the face of the Tentative Map.
If no action is taken by the Planning Commission within fifty (50)
days after filing or longer period as agreed to by the subdivider,
the map shall be deemed approved and the City Clerk shall make
such endorsement and attestation.
B. In the event that such Tentative Map is disapproved, the reasons
for such disapproval, with substantiating authority, shall be
clearly stated in a memorandum, permanently attached to said
Tentative Map, together with a statement of any changes which
would render the Map acceptable.
C. One (1) copy of the map recommended for approval or one (1)
copy of the map recommended for conditional approval or one (1)
copy of the disapproved map, with attached memorandum, shall be
returned to the subdivider and one (1) copy shall be kept
permanently on file by the Town.
D. Within two (2) days after favorable action on the Tentative Map,
the Planning Commission shall transmit sufficient copies, to-
gether with any memoranda required, to the Town Engineer for his
use and for distribution to all other agencies concerned.
E. In the event that the Planning Commission recommends approval
or conditional approval of the Tentative Map, five (5) copies
thereof with the Certificate of Approval or Conditional Approval
of the Planning Commission shall be filed with the City Clerk,
to be placed upon the Agenda for consideration by the City
Council at its next meeting held not earlier than three (3)
days thereafter, and with a notation on the Agenda as posted,
indicating that consideration would be had of such approval or
conditional approval.
The determination of the City Council after -the hearing upon this
Tentative a ive Ma shall be transmitted to the Planning anning Comma.ssxon and shall, if
there be approval or conditional approval, constitute the Final action upon
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the Tentative Map provided such approval or conditional approval is in
accordance with the action of the Planning Commission and no appeal has been
filed by the subdivider.
In the event that the City Council disapprove or approve by new
conditions, the Tentative Map, the Planning Commission may hold another
hearing thereon, at which the subdivider may agree to said conditions or
may file an appeal in accordance with provisions hereinafter set forth.
SECTION V . RECORD MAPS.
5:10: Final Map and Data Required.
A. Fees shall be filed with the Final Map in accordance with the
Fee Schedule -formally adopted by Council Resolution.
B. The City Council shall not approve any Final Map until an
agreement, in writing, has been submitted to the City Council,
supported by Bond, or Cash, or both and approved by the
City Attorney whereby the owner or subdivider has agreed to
make in-tract improvement in accordance with engineering plans
approved by the Town Engineer, or until such improvements have
been completed to the satisfaction of the Town Engineer, which-
ever is the earlier.
C. Seven (7) prints (black on white) of the Final Map and four (4)
sets of Improvements and Planting Plans, if required, shall be
filed with the City Clerk for checking by the Town Engineer and
other agencies if deemed necessary.
:
D. The following documents shall be filed with each Final Map:
1. A preliminary title report, issued by a title insurance
company in the name of the owner of the land, issued to,
or for the benefit of the Town of Los Altos Hills, showing
all parties whose consent is necessary and their interest
therein, except where the land in the subdivision is
.registered under the Land Registration Act, in which case
a certified copy of the Certificate of Title shall be
furnished.
2. Calculation and traverse sheets used in computing the
distances, angles, and courses shown on the Final Map
and ties to existing and proposed monuments.
3. The subdivider shall provide a bond with a satisfactory
surety and in an amount deemed reasonable to the Town
Engineer and in a form satisfactory to the City Attorney
to assure performance of the satisfactory construction of
all facilities required under the terms of this Ordinance,
and for the maintenance thereof, except as to Acts of God
of unusual nature, for a period of one (1) year after
installation.
Ord. #180
4* No Final Map shall be approved until such bond has been
furnished or such facilities have been completed to the
satisfaction of the Town Engineer.
5. A Zoning Compliance Map and Check List shall be submitted
in three copies each.
a. Zoning Compliance Map. This map shall consist of
a Final Subdivision Map on which is superimposed the
contours of the land before grading. All lots shall
be indicated which are excluded from the total net
acreage used in determining the average lot area as
specified in Section 8:10, Bp 3 of the Zoning ordinance,.
b. Zoning Compliance Check List. This list shall contain
such information as is required by the Planning Commission.
Said Map and Check List shall be checked by the Town Engineer.
When the Town Engineer finds the information shown on the print
and Check List is correct., he shall certify-,as to their
compliance with the zoning regulations. Said Map and Check
List shall be forwarded to the City Council as supporting
information to the Final Subdivision Map, and following approval
of the Final Subdivision Map by the City Council, shall be
forwarded to the City Clerk for filing as a permanent Town
record.
5:15: Form of Final Nap.,
A. The Final Subdivision Map shall conform to Chapter 21 Article 5
of the State of California Subdivision Map Act, except that
signatures shall be made in Black India Ink.
B. Title Sheet shall contain the tract number assigned by the Town
Engineer, the commercial name, if any, subtitle giving a general
description of the property being subdivided by detailed reference
to maps which have been previously recorded, certificates,
acknowledgements and the name "Town of Los Altos Hills".
C. Every sheet shall bear the title, but not subtitle, scale one inch
equals one hundred feet (111 = 1001 ) or one inch equals fifty feet
(111 = 501 ), north point, basis of bearing, all pertinent
mathematical data, legend and description of monuments.
D. Complete data must be shown to determine readily the bearing and
length of every block line, lot line,, boundary line and curves.
No ditto marks shall be used on the Map. The acreage of all
parcels shall be shown to the nearest 1/100th of an acre.
S. All monuments found, set or used as ties or references shall be
shown on the Map and thoroughly described. All Maps shall show
ties to at least two (2) existing monuments.
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E � 1
F. The Map shall show the. purpose, location, width, length, and
bearing of all easements either existing or being offered for
dedication. Similar data shall be shown for all parcels offered
for dedication for any purpose, public or private. Private
roads not offered for dedication shall be designated "Not a
Public Road".
G. Town boundary lines crossing or abutting the subdivision shall be
clearly designated and referenced.
H. Every lot shall be entirely within the Town boundaries.
I. Maps filed for the purpose of reverting subdivision land to
acreage shall so state.
J. Approved road names.
K. The Map shall show the centerline of all roads; the total widths
of all roads, the widths of the portions being dedicated.
L. The location, widths, and direction of :flow of all streams and
drainage channels, with a clear definition of lands subject to
periodic flooding or inundation.
5:20: Certificates for Subdivision Maps. Certificates shall be as set
forth in Article 17-of the California Subdivision Map Act. Sample certificates
for Planning Commission, Town Engineer, and City Clerk may be obtained from
the City Cleric.
5:25: Engineer Action on Final Haps.
A. Within fifteen (15) days after the receipt thereof, the -Town
Engineer shall check the Final Map and the accompanying data
and documents against the Tentative Map as approved or condition-
ally approved, and against all provisions of law ,and of this
Ordinance. If the Final Map is found to be technically correct
and in conformance, the Town Engineer shall certify the Map
and return it to the City Cleric to be placed on the Agenda of
a meeting of the City Council within fifteen (15) days thereafter.
B. The Town Engineer May request the assistance of other Town .
Agencies in the checking and in the certification of' the Map.
C. Time limits for checking and approval may be extended by mutual
consent of the subdivider and the Town Engineer or the City-
Council.
D. Before approval by the City Council of the Final Map, the
subdivider shall execute -and file an agreement approved by
the City Attorney- between himself and the Town specifying
the period within which he shall complete improvements and
all landscape planting to the satisfaction of the Town
Engineer. Such agreement shall provide as follows
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Ord. #180
1. That if he shall fail to complete suchworkwithin such
period the Town may complete the same and recover the
full cost and expense thereof from the subdivider, and
that he shall hold the Town harmless from any claim for
damages alleged due to such failure to complete improve-
ments.
2. That he shall maintain, insofar as it involves any
defective materials or workmanship, said improvements
for one (1) year, and shall maintain all landscape
planting in good condition for two (2) summers after
acceptance.
3. For checking of Improvement and Planting Plans and
inspection of all improvements by the Town Engineer
and advance payment to the. Town for the cost of such
checking and inspection 'at rates in accordance with the
Fee Schedule formally adopted by City Council Resolution.
4* For the termination or the agreement upon the completion
of proceedings under an assessment district act for the
construction of improvements deemed by the Town Engineer
to be at least equivalent of the improvements specified
in said agreement and required to be constructed by the
subdivider,
5. For progress payments to thesubdividerfrom any deposit
money which the subdivider may have filed in lieu of a
surety bond.
6. For construction of the improvements in units.
7. For extension of time under conditions therein specified.-
E. The subdivider shall also file with the aforesaid agreements to
assure his full and faithful performance thereof, a bond for a
sum sufficient to cover the cost of said improvements, maintenance,
and inspection. Such bond shall -be executed by a surety company
authorized to transact a surety business in the State of
California and must be approved by� t_he City Attorney as to form
and by the City Clerk as to sufficie ncy. In lieu of said bond,
the subdivider may deposit cash, or .certified or cashier's check
with the City Treasurer under deposit agreement approved by the
City Attorney.
F. In the event that the subdivider shall fail to complete all
improvement work in accordance with the provisions of this
Ordinance and the Town shall have completed same, or if the
subdivider shall fail to reimburse the Town for the cost of
inspection or to maintain said improvements for one (1) year,
the Town shall call on the surety for reimbursement, or shall
appropriate from any cash deposits, funds for reimbursement.
Ord. #130
G. No extension of time, progress payments from cash deposits, or
releases of surety bond or cash deposit shall be made, except upon
certification by the Town Engineer that work covered thereby has
been satisfactorily completed, and upon recommendation of the City
Clerk and approval of the City Council..
H. If during the course of construction of the improvements the public
interest requires a modification of, or departure from the Town
Standards or of the improvement plans, the Town Engineer shall, with
the approval of the subdivider and the City Council, have the
authority to require such modification of departure and may specify
the manner in which the same is to be made.
5:30: City Council Hearing. Upon application by the subdivider and
certification by the :Town Engineer that all conditions of the Check List have
been met and that the Final Map or Parcel Map is in basic conformance with
the approved Tentative'Map, the City Council shall either accept or reject
the Final Map or Parcel Map. No action shall be taken by the City Council
unless said such proposed action is expressly noted on an agenda for the
meeting of the City Council and said such agenda is available on file with
the City Clerk at least three (3) days before such
meeting.
. 5:35: City Council Action on Final Map. At the time set for considera-
tion of the Final Map, or at any adjournment thereof, not over five (5) days,
the City Council shall consider the matter and if the Town Engineer has
certified that the Final Map so filed conforms in all respects with the
Tentative Map approved, or approved conditionally, 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 Tentative Map, the Map shall be returned
to the subdivider, together with a statement of the reasons for the City
Council's findings, with the provision that a New Map, deemed to.•be in
conformance with the approved Tentative Map, may be resubmitted within the
time limit applicable to his original submission to the City Council.
Upon approval of the Final Map, it shall be recorded as provided in the
Subdivision Map Act. After the Map has been recorded, the subdivider shall
provide the Town Engineer with three (3) paper copies, and one (1) positive
linen or Milar print, together with one (1) positive duplicate tracing of
each sheet.
5:40: City Council Action on Dedications. The City Council shall
consider all offers of dedication. The City Council shall reject any and all
offers of dedication of parcels upon which any physical improvements are
required by the City Council to be constructed, furnished, and installed by
the subdivider. Such rejection shall be so stated in the certificate
prepared for the City Council's signature. The City Council may accept any
and all offers of dedication for other parcels or easements. Where offers
of dedication are rejected, they may be accepted by resolution after all
physical improvements are completed. and before the required performance bond
is released, and said rejection shall not, in any manner release or discharge
the offer of dedication.
5:45: Additional Funds, If the funds deposited to defray the cost of
inspection of improvements is insufficient, the subdivider shall be required
to deposit such additional amounts as required for such purpose before the
Town Engineer shall certify to the completion of .the construction.
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Ord. #160
i •
5:50: Acceptance of Improvements. At its first Regular Meeting
following the certification of the Town Engineer that the improvements have
been constructed in accordance with the approved plans, specifications, and
agreement, the City Council will formally accept such improvements, subject
to requirements as to one (1) year maintenance as provided herein.
5:60: Form and Filing of Parcel Map.
A. The Parcel Map shall be legibly drawn, printed or reproduced
by a process guaranteeing a permanent record in black on tracing
cloth or polyester base film, including certificates. If ink
is used on polyester base film, the ink surface shall be coated
with a suitable substance to assure permanent legibility. In
addition, a blue line linen cloth copy of the Parcel Map shall
be submitted to the Town. The Maps shall be submitted to the
Town Engineer and the required deposit for checking and recording
fees submitted to the Town.
B. The size of each sheet shall be eighteen (18) inches by twenty-six
(26) inches. A marginal line shall be drawn completely around
each sheet, leaving an entirely blank margin of one (1) inch.
The Map shall be drawn according to an engineer's scale and shall
be large enough to show all details clearly and enough sheets shall
be used to accomplish this end. The particular number of the sheet
and the total number of sheets comprising the Map shall be stated
on each of the sheets, and its relation to each adjoining sheet
shall be clearly shown.
C. Each lot shall be numbered or otherwise designated.
D. The exterior boundary of the land included within the Parcel Map
shall be indicated by colored border. The Map shall show the
definite location of the original parcel or parcels, and
particularly its relation to surrounding surveys.
5:70: Certificates to Appear on Parcel Map. Subject to ;:he provisions
of the Subdivision Map Act the following certificates shall appear on the
Parcel Map:
A. Town Engineer's Certificate. A certificate for the execution of
the Town Engineer stating that:
1. He has examined the Map;
2. The Parcel Map conforms with the approved Tentative Map
and with any alterations or conditions attached to such
approval;
3. All provisions of Section 11575 of the Subdivision Map
Act and of this Ordinance, applicable at the time of its
approval, have been complied with.
-16-
Ord. #180
B. Engineer' s or Surveyor's Certificate. This certificate shall
indicate:
1. The basis for the Map;
2. The person authorizing the Map;
3. Conformance with the approved Tentative Map, the Subdivision
Map Act, and other applicable state laws and local ordinances.
C. Recorder's Certificate. A certificate for execution by the
County Recorder stating that the Map has been recorded in the
Official Records of Santa Clara County.
5:80: Recording Parcel Map. After affixing his signature as required
in Subsection 6:10:E of this Ordinance, and as required in Section 11576 of
the Subdivision Map Act, the Town Engineer shall present the Parcel Map to
the County Recorder for recording in accordance with the provisions of
Section 11580 of the Subdivision Map Act, and the subdivider shall pay the
required recording fee to the County Recorder.
SECTION VI. DESIGN AND IMPROVEMENTS:
6:10: Roads.
A. The definition and minimum right-of-way for roads shall be as
follows :
1. Arterial Road. Provides throughtraffic movement between
areas and across the Town; and direct access to abutting
property; subject to necessary control of entrances, exits
and roadside use-- sixty (60) feet.
2. Collector Road. Provides traffic movement between arterials
and local roads and direct access to abutting properties--
sixty (60) feet.
3. Local Road. Provides direct access to abutting land,
and for local traffic movements--sixty (60) feet.
(Cul-de-sac is treated separately below. )
a. Cul-de-Sac Road. A local' road open at one end only and
with special provision for turning around--forty (40) feet.
B. Where a cut or fill road slope is outside the right-of-way of a
road, an easement may be required of sufficient width to permit
maintenance of the slope, upon the recommendation of the Town
Engineer.
C. The maximum length of a cul-de-sac shall be 900 feet including
the turnaround or backaround.
D. All culs-de-sac shall terminate in a turnaround or backaround
meeting Town Standards.
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Ord. #180 ,
ORDINANCE NO. 180
SUBDIVISION ORDINANCE
TOWN OF LOS ALTOS HILLS
TABLE OF CONTENTS
Page
SECTION I SHORT TITLE 1
1:10 Title 1
1:20 Purposes 1
SECTION II DEFINITIONS 2
2:10 Terms defined 2., 3
SECTION III GENERAL PROVISIONS 3
3:10 Authority 3
3:15 Interpretation of Subdivision Ordinance 3
3:20 Building Permits 3
3:30 Sale of Lots 3
3:40 A Lot Not Intended for Buildings 4
3:50 Recordation 4
SECTION IV PROCEDURE 4
4:10 Preparation 4
4:15 Exception, Transfer of Land between Adjacent
Property Cwners 4
4:20 Exception, Four (4) Lots or Fewer 4
4:25 Subdivision of Land for Public Utility Purposes 5
4:30 Preliminary Map, Preparation and Filing 5
4:35 Distribution 6
4:40 Subdivision Conference 6
4:41 Planning Commission Review 6
4:45 Tentative Map Preparation 6
4:50 Filing, Referrals, and Fees 6, 7
4:55 Information Required on Tentative Map 71 8
4:60 Additional or Different Data May be Required 8
4:65 Preparation of Parcel Map or Final Map 9
4:70 Time Extensions on Approved Tentative Maps 9
4:75 Planning Commission Hearing on Tentative Map 9
4:80 Action on Tentative Map 10, 11
SECTION V RECORD MAPS 11
5:10 Final Map and Data Required 11, 12
5:15 Form of Final Map 12, 13
5:20 Certificates for Subdivision Maps 13
5:25 Engineer Action on Final Maps .13, 14, 15
5:30 City Council Hearing 15
5:35 City Council Action on Final Map 15
5:40 City Council Action on Dedications 15
5:45 Additional Funds 15
(continued on Page 2)
5/71
• { t
Table of Contents for Ord. #180 cont'd. :
.(Subdivision Ordinance)
Page
SECTION V RECORD MAPS (continued)
5:50 Acceptance of Improvements 16
5:60 Form and Filing of Parcel Map 16
5:70 Certificates to Appear on Parcel Map 16, 17
5:80 Recording Parcel Map 17
SECTION VI DESIGN AND IMPROVEMENTS 17
6:10 Roads 17 18
6:20 Lots 18, 19
6:30 Improvements 19, 20, 213
22
6:40 Other 22, 23
SECTION VII CONDITIONAL EXCEPTION 23
7:10 Planning Commission Recommendation 23
7:20 Posting 23
7:30 Qualification 23
7:40 City Council Action 23
SECTION VIII APPEAL 23
8:10 Notice 23, 24
SECTION IX SEVERABILITY 24
9 :10 24
SECTION X PENALTIES 24
10:10 24
SECTION XI REPEALING 24
11:10
SECTION XII PERIODIC REVIEW 24
12:10
SECTION XIII ADOPTION 24
13:10
CERTIFICATION OF ADOPTION - - - - - - - - - - - - - - - - - - - - 25
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5/71
E. Every subdivider shall bring the alignment and the widths of
rights-of-way of all existing roads adjoining the subdivision
into conformity with the General Plan and Select Street System
of the Town, or as required by the Planning Commission. The
subdivider shall offer to dedicate to the public use such rights-
of-way as are required for the present and future widening of all
public rights-of-way contiguous to the subdivided property.
F. Proposed roads shall be extended to the boundary lines of the
land to be divided in all cases where in the opinion of the
Planning Commission such extension is necessary for traffic
circulation and coordination of the layout of the proposed
subdivision with existing development, or the advantageous
future development of adjacent property.
G. The Planning Commission may require the subdivider to improve and
dedicate to the Town emergency access routes including' right-of-
way and improvements from the ends of cuts-- de-sac.
H. All roads shall be so designed as to grades, interseetlons and
approaches that traffic hazards are minimized in keepi-ig with
accepted traffic engineering standards and to the satisfaction
of the Planning Commission.
I. All roads shall be offered for dedication to the Town except
that roads meeting all of the following requirements need not
be dedicated to the Town and may be privately owned and
maintained:
1. Such road shall provide access to no more than five (5) lots.
2. There shall be substantial assurance that in the future such
road will not be extended or parcels served by such road
divided, so as to cause such road to provide access to more
than five (5) parcels..
3. Such road shall be a cul-de-sac road,
6:20: Lots.
A. All lots shall have a frontage of not less than forty (40). feet
on a road complying with the provisions of Section 6:10 and 6:30
of this Ordinance., unless approved as a panhandle lot pursuant
to Item G below.
B. Any lot which does not front on the continuous public road system
of the Town and adjoining jurisdictions; must have recorded and
free access to such system over a road or roads improved to Town
Standards or such other standards as are acceptable to the Planning
Commission.
C. No lot shall be less in area than permitted by the zoning regula-
tions. Where difficult terrain or other unusual conditions exist,
lots larger in area than the minimums specified in the Zoning
Ordinance shall be provided as necessary to accomplish the purposes
set forth in this Ordinance. Areas shall be computed on a net
basis after deduction is made for any present or designated future
street widening. In addition:
Ord, #180
I. Exception is allowed in a subdivision of two (2) or three (3)
lots where the original parcel was formed prior to the incor-
poration of the Town of Los Altos Hills, In such cases, area
may be computed from the existing rights-of-way, except where
the existing right-of-way is less than forty (40) feet; it
shall then be computed from a line twenty (20) feet from the
centerline.
2. Each lot shall contain an area of at least one (1) net
acre within which net acre no straight line exceeding
350 feet can be drawn.
3. Each lot shall be of such dimensions and shape as to
permit the inscription, entirely within the boundaries
of such lot, of a circle 160 feet in diameter in a
location affording an adequate building site.
D. All subdivisions shall result in the creation of lots with
adequate building sites which are capable of being developed
or built upon while retaining the basic natural qualities
of the lot. No subdivision shall create lots which are
impractical for improvement or use due to steepness of terrain,
location of water courses, periodic flooding, earth movement,
size, shape, or other physical conditions.
E. Lot lines shall be placed so as to create useable building
sites, permit accommodation of sites to the natural terrain
and vegetationo and afford access to the building site
without requiring excessive grading.
F. On any lot intended for residential occupancy it s hall be
possible to provide safe vehicular access via a private
driveway) conforming to the standards of the Site Development
Ordinance, from the road on which the lot faces to a garage,
carport or parking site on the lot in a location conforming
with -the requirements of the Zoning Ordinance.
k
G. Panhandle lots are those lots which include a strip of land
or easement used primarily for gaining access from a road
to the major portion of the lot, and shall be permitted by
the Planning Commission only when they result in a division
of land more fully complying with the purposes of this
Ordinance than could otherwise have been achieved. The
panhandle portion of the lot shall in no case be less than
twenty-five (25) feet in width.
6:30: Improvements.
A. Design and construction of all roads, pathways, shoulders,
catch basins, culverts, gutters, ballast, etc. , shall be as
specified in this Ordinance: Town Standards and 'by the Town
Engineer.
B. Fire protection system shall be provided by the subdivider as
directed by the Los Altos County Fire Protection District.
Ord. #180 -19-
C. Provisions for sewage disposal shall meet the requirements of
the Health Officer.
D. Provisions for water supply shall meet the requirements of
the Health Officer and Fire Chief.
E. The subdivider shall grade and surface, to widths, grades and
specifications set forth in the Town Standards or other applicable
ordinances, one-half (%) width, as stipulated by the Town
Engineer, of all existing roads adjoining the subdivision. When
he deems it appropriate, the Town Engineer may recommend in lieu
of such improvement of one-half (z) width, improvement of the
entire width of such street, for one-half (z) of the distance
which the subdivider would otherwise be required to improve.
F. The subdivider shall grade and construct, to Town Standards,
paths along all existing and new public roads, contiguous to
the subdivided property, and one side of all such roads within
such property, making appropriate dedications to public use
where such may be deemed by the Planning Commission or the City
Council to be necessary to accommodate such paths. Where so
required by the Planning Commission or the City Council, the
subdivider shall also make dedications for, grade, and construct
to Town Standards paths along such parcel boundaries as the
Planning Commission or City Council may designate, said paths to
connect with convenient routes of travel within the subdivided
property. In cases where the roads within the subdivided property
carry heavy traffic, the Planning Commission may require paths
on both sides. If in lieu payments are made pursuant to
Section 6:30,K, such payments shall be deposited in the Town's
Special Path Construction Fund.
G. All utility distribution facilities (including but not limited
to electric, communication and cable television lines) installed
in and for the purpose of supplying service to any subdivision
shall be placed underground, except that the Planning Commission
may permit the following to be installed above ground:
Equipment appurtenant to underground facilities, such as
surface mounted transformers, pedestal mounted terminal
boxes and meter cabinets, and concealed ducts. The sub-
divider is responsible for complying with the requirements
of this Section, and shall make the necessary arrangements
with the utility companies involved for the installation
of said facilities. The Planning Commission may recommend
waiver of the requirements of this Section if topographical,
soil, or any other conditions make underground installation
of said facilities unreasonable or impractical.
H. Storm water sewers and structures shall be installed in sub-
divisions and outside of subdivisions to provide for the
discharge of water from such subdivisions into a water course
as required by the Town Engineer and the Santa Clara County
Flood Control and Water Conservation Districts. Such faciNties
Ord. #180 -20-
shall be constructed in the locations and to the grades and
specifications approved by the Town Engineer. ' If storm water
from a subdivision is to be discharged onto adjacent land, the
subdivider shall deliver to the City Clerk convenants by the
owners of such adjacent land and all other affected lands,
binding on the heirs and assigns of such owners, to accept such
water at the locations proposed and forever relieving the Town
of Los Altos Hills for any liability of damage resulting there-
from. Such covenant shall be subject to approval by the Town
Engineer and the City Attorney.
The subdivider shall dedicate a right-of-way for storm drainage
purposes conforming substantially with the lines of any
natural water course or channel, stream or creek that traverses
the subdivision, or at the option of the subdivider if approved
by the Town Engineer, provide by dedication further and
sufficient easements or construction or both, to dispose of
such surface and storm water, Such dedications shall not be
accepted by the Town of Los Altos Hills until the required
improvements have been completed or an adequate bond posted as
hereinafter provided. The subdivider shall comply with all
requirements of Ordinance No. 141 as amended.
I. It is the intent of the Town of Los Altos Hills that the
natural character of existing tree and other vegetative cover
shall be preserved and enhanced to prevent soil erosion, and
where proposed street construction necessitates removal of
such tree and other vegetative cover, by planting indigenous
material in a manner satisfactory to the Planning Commission.
The Planning Commission pay, however, approve other materials
providing they are in harmony with _the indigenous material.
Plantings shall not under the circumstan ces .impair traffic,
pedestrians, or fire safety, nor interfere with pathways
within the right-of-way where these are required. In areas
where there is no existing tree or major vegetative cover
within the street right-of-way, the subdivider shall install
such planting as is required by the Planning Commission.
J. The subdivider shall set or cause to be set, a redwood stake
of dimensions of approximately two inches by four inches by
six feet (211x4"x6l ), vertically, in the ground to a depth of
three (3) feet within one (1) foot of each and every iron pipe
found or set in connection with preparation of his Maps here-
in provided. He shall also paint the said stakes white and
inscribe the appropriate lot numbers thereon in black.
K. In any case in which the City Council deems that the construction
of some or all of the improvements required for a subdivision
should be deferred, or that comparable improvements should be
made in the neighborhood or locality of the subdivided property,
the City Council may, in its sole discretion, require the sub-
divider to make a payment in lieu of such construction, or to
perform alternate construction in lieu of the construction
otherwise required under the terms of this Ordinance; provided,
however, that no such requirement for in lieu payment or
alternate construction shall be approved, unless such payment
or construction shall be of such an amount or magnitude that
Ord. #180 -21-
1 \
the Town Engineer' s estimate of the cost thereof shall be at
least 100 percent of the Town Engineer's estimate of the cost
of the originally required construction.
6:40: Other.
A. Public utility easements shall be provided as necessary to
accommodate existing, proposed and future utility needs.
B. Subdivisions with an average slope exceeding 40.076 are deemed
to have potentially very difficult development problems which
may create severe problems for the surrounding properties.
Special detailed review shall be given to such subdivisions
to determine their feasibility and impact on the surrounding
area. Guidelines for such review, in addition to those in
this Ordinance may be adopted by the Planning Commission.
C. No remnants of property shall be left in a subdivision which
do not conform to lot area and dimension requirements, or are
not required for a public or private utility, approved access
purpose, or other approved public use.
D. The Planning Commission may require the dedication of conser-
vation easements within a proposed subdivision for the express
purposes of protecting the natural vegetation, terrain, water
courses, waters, and wildlife and for the purpose of preventing
or limiting drainage and erosion problems. If so required by
the Planning Commission, the subdivider shall execute a deed
to the Town in a form acceptable to the City Attorney, which
deed shall include such reasonable restrictions as the
Planning Commission may impose to carry out the intent of this
Ordinance and the General Plan.
E. All grading. and other aspects of site development covered
by the Site Development Ordinance of the Town shall be
carried out in accordance with the provisions of said Ordinance.
F. Land shall be dedicated, fees paid or a combination of both
for park and recreational purposes as ' required by Ordinance No. 116
as amended.
G. In any case in which it is the opinion of the Town Engineer
that the proposed subdivision will involve extensive grading
operations, the Town Engineer may recommend, and the Tom may
require, any or all of the following to be done at the expense
of the subdivider.
1. That the subdivider retain the services of a competent
soils engineering firm acceptable to the Town Engineer.
2. That a preliminary soils report covering the subdivision
be prepared by such firm and submitted as part of the
improvement plan.
-22-
Ord. #180
3. That all grading operations be conducted under the
immediate supervision of such firm.
4. That all earthwork shall be certified by such firm, and
that such certification shall be a condition precedent
to final acceptance of the improvements by the Town.
SECTION VII. CONDITIONAL EXCEPTION.
7;10: Planning Commission Recommendation., The Planning Commission may
recommend for City Council approval, a Conditional Exception from the pro-
visions of this Ordinance when, in its opinion, undue hardship may result
from strict compliance, and an exception would not be contrary to public
interest
In making its findings, the Planning Commission shall consider the
existing land use of the area and the nature of the proposed use of the land
and the effect on traffic conditions, as probable therefrom..
7:20; Posting, The City Clerk shall post notices on the Town's
bulletin boards and on the property and for a distance of five hundred feet
(5001 ) along every public road adjoining the property five (5) days prior
to a Planning Commission meeting when a Conditional Exception shall be
considered.
7:30: Qualification. No Conditional Exception shall be recommended _
for City Council approval unless the Planning Commission finds both:
A. That there are special circumstances or conditions affecting
said property such that the strict application of the provisions
of this Ordinance would deprive the applicant of the reasonable
use of his land.
B. That, by granting the Conditional Exception, any other landowner
is not deprived of the reasonable use of his land nor subjected
to undue burden or hardship or deprived of any material use or
enjoyment of his property.
7:40: City Council Action. Upon receipt of recommendation for
Conditional acception from the Planning Commission, the City Council shall,
at its next Regular Meeting, act upon the recommendation, either approving,
disapproving or conditionally approving. Before any City Council action is
taken, the subdivider must have two (2) days notice of the meeting and
intended action; also such notice shall be given to any person who appeared
at the Hearing of Planning Commission and has filed, with the City Clerk,
a request for such notice.
SECTION VIII. APPEAL.
8:10: Notice.. Appeal may be made from any decision, determination or
requirement of the Planning Commission or the Town Engineer by filing a
notice thereof, in writing, accompanied by the stipulated fee and deposit,
with the City Clerk within fifteen (15) days after such decision or deter-
mination or requirement is made. Such notice shall set forth in detail the
action and grounds upon which the subdivider or any other party who deems
himself aggrieved.
-23-
Ord. #180
The City Council shall hear such appeal within fifteen (15) days and
shall sustain the action taken, reject it or refer it back to the Planning
Commission for further consideration.
SECTION IX. SEVERABILITY.
9:10: If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held invalid or unconstitutional by any decision
of a court of competent jurisdiction, such decision shall not affect the
remaining portions of this Ordinance. The City Council hereby declares that
it would have passed this Ordinance and each section, subsection, sentence,
clause or phrase thereof irrespective of the fact that any other section,
subsection, sentence, clause or phrase thereof be declared invalid or
unconstitutional.
SECTION X. PENALTIES.
10:10: Any person or entity violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punishable by a fine of not more than Five Hundred Dollars
($500.00) or by imprisonment in such jail detention facility as may be
provided by the City for a period not to exceed six (6) months, or by both
such fine and imprisonment. Penalties herein provided are in addition to
or independent of any provision affecting the record of any Map as provided.
SECTION XI. REPEALING.
11:10: All Ordinances or parts of Ordinances in conflict therewith
are hereby repealed.
SECTION XII. PERIODIC REVIEW.
12:10: The City Manager shall, annually, at the Regular Meeting next
following the anniversary of adoption of this Ordinance, present this
Ordinance to the City Council for review of the provisions hereof, and
shall particularly recommend whether any amendments would be in the public
interest.
SECTION XIII. ADOPTION.
13:10: This Ordinance shall be posted in three ($,) public places in
the Town of Los Altos Hills and shall become effective thirty (30) days
after its adoption.
Ord. #180 -24-
F
I HEREBY CERTIFY that the foregoing ordinance was regularly
introduced at a Regular Meeting of the City Council of the Town of
Los Altos Hills on June 7, 1971, and was thereafter at a Regular Meeting
of said Council held on June 21, 1971, passed and adopted by the
following roll call vote, to wit:
AYES: Councilmen Grabowski, Helgesson and Mayor Benson.
NOES: None
ABSEI•IT: Councilmen Corbett and Davey
ATTEST:
/s/ TED J. I',LUZEI`
Ted J. Kluzek
City Clerk
Town of Los Altos Hills
APPROVED:
/s/__ P.�. F- S
Walter A. Benson��—_
Mayor
Town of Los Altos Hills
Ord. ##130
6/21/71-nam
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