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HomeMy WebLinkAbout166f3QMAm ORDINANCE NO. 166 AN ORDINANCE OF THE TOWN OF IAS ALTOS HILLS REGULATING THE DESIGN, CONSTRUCTION, MAINTENANCE OR ALTERATION OF DRIVEWAYS, GRADING,EXCAVATIONS, FILLS, AND OTHER ASPECTS OF SITE DEVELOPMENT WITHIN THE TOWN OF LOS ALTOS HILLS, AND REPEALING ORDINANCES INCONSISTENT HEREWITH THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS DOES ORDAIN AS SITE DEVELOPMENT ARTICLE 1 - GENERAL SECTION 1. AUTHORITY. This ordinance is enacted pursuant to the paver of the Town of Los Altos Hills to make all regulations necessary and appropriate to preserve the public health, safety and welfare of the citizens of the Town of Los Altos Hills. SECTION 2. APPLICABILITY. The provisions of this ordinance shall apply to all site development within the Town of Los Altos Hills; however, a permit shall be required only for those types of development set forth in Article 3, Section 1. SECTION 3. PURPOSE. This ordinance is adopted to promote public safety and the general public welfare, to protect property against loss from erosion, earth movement and flooding, to promote and enhance a superior community environment, and to ensure the maximum preservation of the natural scenic character of major portions of the Town by establishing minimum standards and requirements relating to land grading, excavation and fills, installation of driveways and procedures by which these standards and requirements may be enforced. It is intended that this ordinance be administered with the foregoing purposes in mind and specifically so as to: A. Ensure that the development of each site occurs in a manner harmonious with adjacent lands so as to minimize problems of drainage, erosion, earth movement and similar hazards as well as visually unpleasant relationships. B. Ensure that public landsand places, water courses, streets and all other lands in the Town are not subject to erosion and the hazard of earth movement or faulty drainage. it V C. Ensure that the planning, design and construction of a development will be done in a manner which provides both maximum safety and human enjoyment, while making it as unobtrusive in the natural terrain as possible. D. Ensure, insofar as practical in permitting reasonable develop- ment of land and minimizing fire hazard, the maximum retention of natural vegetation to aid in protection against erosion, earth movement and other similar hazards and to aid in preservation of natural scenic qualities of the Town. SECTION 4. INTERPRETATION OF SITE DEVELOPMENT ORDINANCE. A. In their interpretation and application, provisions of this ordinance shall be held to be minimum requirements, except where they are expressly stated to be maximum requirements. It is not intended to impair, or interfere with any private restrictions placed upon property by covenant or deed; provided, however, that where this ordinance imposes higher standards or a greater restriction upon the development of land than are imposed or required by such private restrictions, the provisions of this ordinance shall control. B. Whenever any provisions of this ordinance and any other provisions of law, whether set forth in this ordinance or in any other law, ordinance or resolution impose overlapping or contradictory regulations over the development of land, or contain any restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards or requirements shall govern. ARTICLE 2 - DEFINITIONS SECTION 1. For the purposes of this ordinance, certain terms used herein are defined as set forth below: BUILDING PERMIT means a permit issued by the Town of Los Altos Hills for the construction, erection or alteration of a structure or building. CERTIFY or CERTIFICATION means the specific inspections and tests where required have been performed, and that such tests comply with the applicable requirements of this ordinance. CITY ENGINEER means the Engineer of the Town of Los Altos Hills. -2- CUBIC YARDS means the amount of material in excavation and/or fill measured by the method of "average end areas". DRIVEWAY means a way or route for use by vehicular traffic leading from a parking area or from a house, garage or other structure, to the road or street. ENGINEERING GEOLOGIST means a graduate in geology or engineering geology of an accredited university, with five or more full years of professional post graduate experience in the gological science of which at least three full years shall be in the field of engineering geology that has required the application of geological data, techniques, and principles to engineering problems dealing with ground water and naturally occurring rock and soil, for the purpose of assuring that geological factors are recognized and adequately interpreted and presented; such Engineering Geologist shall be a licensed geologist in the State of California. EXCAVATION means any act by which matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed by man and shall include the conditions resulting therefrom. EXISTING GRADE means the vertical location of the existing ground surface prior to excavation or filling. FILL means any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man to a new location and shall include the con- ditions resulting therefrom. FIRE BREAK means any area of land from which vegetation has been removed for the purpose of fire protection. FORESTER means a person who has obtained a Bachelor of Science degree in Forestry from an accredited school as defined by the Society of American Foresters. GRADING means excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill. LANDSCAPE ARCHITECT means a person who holds a Certificate to practice landscape architecture issued by the State of California. PARCEL means all contiguous land in one ownership or any portion of land separated from other portions as on a recorded subdivision or record of survey map or by metos and bounds description. -3- W J PERMITTEE means any person to whom a Site Development Permit is issued. PERSON means any person, firm or corporation, public or private, the State of California and its agencies or political subdivisions, and the United States of America, its agencies and instrumentalities, and any agent, servant, officer or employee of any of the foregoing. REMOVAL means cutting vegetation (including trees and plants) to the ground, cutting trees so as to leave stumps, as well as complete extraction or killing by spraying. SITE means a single lot or parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation. SITE DEVELOPMENT means altering terrain and/or vegetation by grading or other means and/or constructing driveways and private roads. SITE DEVELOPMENT COMMITTEE means a committee composed of one member of the Planning Commission appointed by the Chairman, the City Engineer and the City Manager, who shall serve as the Site Development Committee coordinator. SITE DEVELOPMENT PERMIT means the approved grading plans which bear the stamp of approval of the Site Development Committee. SOILS ENGINEER means a registered Civil Engineer of the State of California, specializing in soil mechanics and foundation engineering, which sciences deal with the application of the principles of soils mechanics in the investigation and analysis of the engineering properties of earth material. STRUCTURE means anything constructed or erected which requires location on the ground or is attached to something having location on the ground, excluding vehicles designed and used only for the transportation of people or goods. TILLING means cultivating or plowing of soil not to exceed twelve (12) inches in depth from existing grade. VACANT means land on which there are no structures or only structures which are secondary to the use or maintenance of the land itself. -4- W N ARTICLE 3 - PROCEDURES SECTION 1. GENERAL. No person shall commence or perform any grading in excess of the limits specified below without first obtaining a Site Development Permit. A separate Site Development Permit shall be required for each site on which grading is to be done. A. A Site Development Permit shall be required in all cases where development comes under any one or more of the following provisions unless such work is exempted therefrom by Section 1, B. (1) Excavation, fill, or any combination thereof exceed one hundred (100) cubic yards. (2) Fill will exceed three (3) feet in vertical depth at its deepest point measured from the natural ground surface. (3) An excavation will exceed four (4) feet in vertical depth at its deepest point. (4) An excavation, fill or combination thereof, will exceed an area of five thousand (5,000) square feet. (5) Vegetation is to be removed from an area exceeding five thousand (5,000) square feet on any vacant parcel of land or any parcel of land in excess of ten (10) acres. (6) Construction, reconstruction, realignment or relocation of any private vehicular access or fire break. (7) Excavation or fill in any drainage channel which will affect the flow of water in such channel. B. A Site Development Permit shall not be required in the following cases: (1) Excavations below 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 shall have been issued by the Town. (2) Excavation or removal of vegetation in public utility easements by public utility companies for the purpose of installing under- ground utilities. (3) Site Development under an agreement with the Town pursuant to requirements placed on the filing of a Parcel Map or Final Subdivision Map. -5- v 4 (4) Removal of vegetation as a part of the work authorized by an approved building permit. (5) Tilling of the soil for agricultural or fire protection purposes. SECTION 2. APPLICATION. Each application for a Site Development Permit shall be made by the owner of the property or his authorized agent to the Planning Commission Secretary through normal administrative channels on a form furnished for that purpose. Such application shall be accompanied by the following items, unless the City Engineer finds them unnecessary to insure compliance with the provisions of this ordinance. A. Plot plan drawn by a Civil Engineer in the number of copies required showing: (1) Location of existing and proposed buildings or structures on the applicant's property. (2) Location of all existing and proposed streets, roadways, driveways, easements and rights-of-way. (3) The present contours of the site in dashed lines and the proposed contours in solid lines. Contour intervals shall be not less than two (2) feet where slopes are predominately five (5) per cent or less, and five (5) feet where slopes are predominately steeper than five (5) per cent. Ninety (90) per cent of all contours shall be accurate within one-half (�g) contour interval and all contours shall be accurate within contour interval. The source of topographical information shall be indicated. The Civil Engineer shall present slope calculations and shall certify as to the accuracy of the existing and proposed contour lines. (4) The location of all drainage to, from and across the site, the location of intermittent and permanent springs and culverts and other drainage structures. (5) The calculations shall be provided as to the yardage covered by the proposed grading operations. B. Additional information as required by the City Staff: (1) 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. 10 6 X40 (3) Profiles. (4) Drainage calculations. (5) Soils data including a report from a registered Soils Engineer and/or an Engineering Geologist. (6) Statement of the estimated starting and completion dates for the grading work proposed and any landscape work that may be required. (7) Landscape plans and specifications for the site, and if appropriate, information relating to landscaping of adjacent or surrounding areas affected by the proposed development. when specially required by the Site Development Committee, such plans and specifications shall be prepared by a Licensed Landscape Architect. These plans shall show: (a) Distribution of plant material; location, quantity and key number of each species of plant in each group; outline of all lawn areas, areas to be seeded, sodded and sprigged; existing trees, if any, to be preserved, transplanted or removed; kind, size, and work involved as related to slope control and/or physical environment. (b) List of plant material giving standard botanical plant names and key number for each variety for reference to plan, and in addition. the size, quality or other pertinent description common to the trade. (c) A specification describing the methods for planting the areas to be landscaped with special emphasis on (a) soil preparation, fertilization, plant material and methods of planting, and (b) initial maintenance of the plant material and slopes until a specified percentage of plant coverage is established uniformly on the cut and fill slopes. (d) A statement by the licensed landscape architect regarding (1) the length of time after planting, with the specified maintenance normally required to produce the specified percentage of plant coverage on the slopes in the slope control areas, and (2) the additional length of time, without any special maintenance, normally required to produce a coverage of permanent planting which will control erosion. (e) Details of all items and features pertaining to site preservation and improvements such as retaining walls, and tree wells and details not shown on other plans accompanying the application. (f) Such other and further details as may be specified and required by the City Engineer to carry out the purposes of this ordinance (8) Such other information as shall be required by the City Engineer. -7- V V SECTION 3. CONSULTANTS. Town officers administering this ordinance may require the applicant to furnish the services of engineering geologists, soils engineers, foresters and landscape architects to advise in the review of Site Development Permit applications. SECTION 4. GRANTING PERMIT. To further the specific purposes of this ordinance as set forth in Article 1, Section 3, the following procedures are established: A. Site Development Committee. Where the aggregate volume Of grading on any site or contiguous group of sites is in excess of one hundred (100) cubic yards, the Site Development Committee shall review the application for the proposed Site Development Permit. If the Site Develop- ment Committee finds the application for the proposed grading plan in con- formance with the provisions of this ordinance, they may issue a permit with such reasonable conditions as they may deem necessary to secure substantially the objectives of this ordinance, or they may in the alterna- tive refer the application to the Planning Commission in the manner provided for in Section 4, B. B. Planning Commission. Where the Site Development Committee finds the application to include unusual or complex conditions, including but not limited to, significant amounts of yardage to be moved, topography, drainage or unstable soil conditions, the Site Development Committee may refer the application to the entire Planning Commission. When the Site Development Committee refers an application to the Planning Commission, the following procedures shall be followed: 1. The Site Development Committee shall prepare a report on the application with recommendation to the Planning Commission. The Planning Commission shall hold a hearing on the application for the proposed Site Development Permit, and before holding such hearing shall send notices to each adjacent property owner and to such other additional owners as, in the opinion of the City Manager, may be substantially affected by such grading operations. 2. Upon completion of the hearing and after consideration of the recommendations of the Site Development Committee, the Planning Commission shall approve, with such reasonable conditions as it may deem necessary to secure substantially the objectives of this ordinance, or disapprLvco the application for the site development. SL c0 u 3. Failure of the Planning Commission to make a determina- tion upon the approval, conditional approval, or disapproval of the application for a Site Development Permit within sixty (60) days after receipt of all necessary information for such action will constitute an approval of the application unless such time is extended with the consent of the applicant. C. Prohibition of Pre -Grading. No Site Development Permit shall be issued foran intended building site unless: (1) Such permit is accompanied by or combined with a valid building permit issued by the Town, and (2) The proposed grading is coordinated with any overall grading plan previously approved by the Town for the area in which the site is situated. D. Issuance of Permit. Upon approval of a Site Development Permit application, the stamp of approval of the Site Development Committee 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, one copy shall be given to the City Engineer and one copy shall be retained in the records of the Town of Los Altos Hills. Such an approved plan shall constitute the Site Development Permit. SECTION 5. DENIAL OF PERMIT. Where, in the opinion of the Site Development Committee, the work as proposed by the applicant is contrary to the purposes of this ordinance, the Site Development Permit shall be denied. The applicant may appeal such denial as provided in Article 5, Section S. Factors to be considered in the denial shall include, but not be limited to, possible saturation of fill and unsupported cuts by water, both natural and domestic; run-off surface waters that produce erosion, and silting of drainage ways; subsurface conditions such as the rock strata and faults, nature and type of soil or rock that when disturbed by the pro- posed grading ra-y create earth movement and produce slopes that cannot be landscaped, and excessive and unnecessary scarring of the natural landscape through gradinn or re;uoval of vegetation. SECTIO:] G. M-SPONSIBILITY. Failure of the Twin officials to observe or recognize hazardous or ugly conditions or to recommend denial of the grading permit, or of the Planning Commission to deny said permit, shall -9- V v not relieve the permittee for responsibility for the condition or damages resulting therefrom: and shall not result in the Town of Los Altos Hills, its officers or agents, being responsible for the conditions or damages resulting therefrom. SECTION 7. RETENTION OF PLANS. Plans, specifications and reports for all site development shall be retained in original form or on microfilm by the Town. SECTION 8. INSPECTIONS. The City Engineer shall make the inspections hereinafter required and shall either approve that portion of the work completed or shall notify the permittee wherein the same fails to comply with this ordinance. Where it is found by inspection that conditions are not substantially as stated or shown in the application fox a Site Develop- ment Permit, the City Engineer may stop further work until approval is obtained for a revised grading plan conforming to the existing conditions. A. Inspection Procedures. Plans for grading work, bearing the stamp of approval of the City Site Development Committee shall be maintained at the site during the progress of the grading. Until the final inspection is made, a sign issued by the Town of Los Altos Hills indicating permission to grade has been granted by the Town shall be prominently displayed on the front property line of the property involved so as to be visible from the street on which the property fronts. In order to obtain inspections in accordance with the following schedule, the permittee shall notify the City Engineer at least two (2) full working days before said inspection is to be made. B. Inspection by City Engineer. The City Engineer shall make the following inspections: (1) Initial Inspection. Before commencement of grading operations, and after required construction stakes have been set by a Civil Engineer or Land Surveyor. (2) ;tough Grading. When all rough grading has been completed. (3) Final Inspection. When all work, including installation of all drair�c- :.p;i ;•::her structures and required pl:sting, has hacn completes. requiring steel reinforcement will re^,a:.rc an additi::::.< ;.a ace";:- ;ra :c: steel is in place, prior ;; ng poured. -10- C. Inspection by Building Inspector. All structures requiring building permits shall be inspected by the Building Inspector in accordance with procedures established by the Building Code, provided, however, no building permit for such structures shall be issued until the City has issued a Site Development Permit for the building site or has determined that a Site Development Permit is not required by this ordinance. ARTICLE 4 STANDARDS AND SPECIFIC REQUIREMENTS SECTION 1. APPLICABILITY. All grading and grading operations shall comply with the requirements set forth in this Article in addition to other requirements of this ordinance. SECTION 2. 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 which would imperil the public safety, in which case he may permit the work to proceed during such other hours as may be necessary for the duration of the emergency. Work may be done at other hours if prior consent is granted therefor by the City Engineer. SECTION 3. DUST AND DIRT CONTROL. All graded surfaces of any nature shall be wetted or suitably contained to prevent nuisance from dust or spillage on Town streets or adjacent properties. Equipment materials and roadways on the site shall be used in a manner or treated so as to prevent excessive dust conditions. SECTION 4. SLOPES. The maximum slope of any fill shall not exceed two (2) horizontal to one (1) vertical or of any cut one and one-half (1k) horizontal to one (1) vertical. When cohesionless soils are used, or other conditions warrant a further restriction of slope, City Engineer may require a flatter slope. SECTION 5. FILL MATERIAL. All fill shall be earth, rock or other inert materials free from organic material and free metal, except that topsoil spread on cut and fill surfaces may incorporate humus for desirable moisture retention properties. -11- V J SECTION 6. DRAINAGE. Adequate provision shall be made to prevent any 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 without producing erosion to the nearest practical street, storm drain or natural water course approved by the City Engineer as safe place to deposit and receive such waters. The City Engineer may require such drainage structures to be constructed, or installed, as are necessary to prevent erosion damage, or to prevent saturation of the fill or material behind cut slopes. SECTION 7. PROPERTY LINE GRADING. No grading shall be permitted within ten (10) feet of property lines, except as required for driveway and pathway access, and specifically authorized by the Site Development Committee. SECTION 8. FINISHED CUTS AND FILLS. The exposed slope of any cut or fill shall be smoothly graded. No cut or fill slope, which is steeper than twenty (20) per cent, shall exceed a distance of thirty (30) feet measured along the inclined surface, unless intercepting drains or terraces are provided. Such drains or terraces shall be permanently lined or protected with materials approved by the City Engineer and accumulating surface waters shall be conducted to an approved point of discharge. Any such terrace or intercepting drain shall be designed to prevent overflow which may cause erosion. All exposed slopes of any cut or fill subject to erosion shall be protected by approved planting, crib walls or walls and planting, terracing, or a combination thereof. Graded surfaces exceeding an area of five thousand (5,000) square feet shall be treated as provided in Section 10. SECTION 9. BACH ILLING. Any pipe trench or other trenching or excavation made in any slope of an excavated or filled site shall be backfilled to the level of the surrounding grade. Such backfill shall be compacted to the original density of the excavated materials, but in no case less than ninety (90) per cent of the maximum density achieved by AAS140 Soil Compaction Test Method T99-57 or T180-57 or as selected by the City Engineer. SECTION 10. COMPACTION OF FILLS. All fills intended to support buildings, structures, or where otherwise required to be compacted for stability of material, shall be compacted, inspected and tested in -12- V J accordance with the following provisions: A. The natural ground surface shall be prepared by removal of topsoil and vegetation, and, if necessary, shall be graded to a series of terraces. B. Unless otherwise directed by the City Engineer, the fill shall be spread in a series of layers, each not exceeding six (6) inches in thickness, and shall be compacted by sheepsfoot roller or otherwise approved method after each layer is spread. C. The moisture content of the fill material shall be controlled at the time of spreading and compaction to obtain required maximum density. D. All areas enclosed within a foundation, all areas within ten (10) feet of the outside perimeter of the foundation, all driveway and parking areas, and all other areas designated by the City Engineer shall have a minimum relative density of not less than ninety (90) per cent of maximum density in all portions of the fill requiring compaction, as determined by the AASHO Soil Compaction Test Method T99-57 or T180-57, or other testing method approved by the City Engineer. All other fills shall have a minimum relative density of not less than eighty-five (85) per cent of maximum density. E. A written report of the compaction, showing location and depth of test holes, materials used, moisture conditions, recommended soil bearing pressures, and relative density obtained from all tests, prepared by a Civil Engineer or Soils Engineer licensed by the State of California shall be submitted to the City Engineer. Cost of report, compaction tests, plus additional tests if required, are all paid for by the owner. F. The City Engineer may require additional tests Or information if, in his opinion, the conditions or materials are such that additional information isnecessary, and may modify or delete any of the above listed requirements that, in his opinion, are unnecessary to further the purpose of this ordinance. SECTION 11. EROSION CONTROL AND LANDSCAPING. All out and fill surfaces created by grading and subject to erosion except plowing or discing for agricultural or fire break purposes, shall be planted with a ground cover that is compatible with the natural ground covers in the Town and that will thrive with little or no maintenance once established. -13- V �40 Topsoils are to be stockpiled during rough grading and used on cut and fill slopes. On slopes likely to be extensively disturbed by later construction, an interim ground cover may be planted to be supplemented by the permanent ground cover and/or shrubs and trees when the site is finally developed and landscaped. When slopes too steep to support continuous ground cover have been permitted and in lieu thereof niches and ledges provided for planting, such slopes need not be planted with a continuous ground cover, but may instead be screened with vines and plantings. Cuts and fills along public roads may be required to be landscaped so as to blend into the natural surroundings. All plant materials shall be satisfactory to the approving authority for the Site Development Permit. SECTION 12. TILLING FOR AGRICULTURAL AND FIRE PROTECTION PURPOSES. Tilling of the ground for agricultural or fire protection purposes shall be by such practices as contour plowing which will prevent erosion and prevent damage to natural drainage channels. SECTION 13. SITE DEVELOPMENT CERTIFICATE. If, upon final inspection of any grading (as specified in Article 31 Section 8), it is found that the work authorized by the Site Development Permit has been satisfactorily completed in accordance with the requirements of this ordinance, and any other requirements imposed, a Site Development Certificate covering such work, and stating that the work is approved, shall be issued to the permittee by the City Engineer. A. The City Engineer shall have the paver to revoke any Site Development Certificate whenever he finds that the work covered by the certificate has been materially extended or altered, without a permit, or that any planting, retaining walls, cribbing, drainage structures, or other protective devices as shown on the approved plans and specifications submitted with the application for a permit have not been maintained in good order and repair. B. Before such revocation, the City Engineer shall first give written notice to the owner of the property involved, specifying the defective condition and stating that unless such defective condition is remedied satisfactorily, the Site Development Certificate may be revoked. If the defective condition is remedied to the satisfaction of the City Engineer, the certificate shall not be revoked. -14- (60 V SECTION 14. SPECIAL PRECAUTIONS. A. If at any stage of the grading, the City Engineer 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, watercourse or drainage structure, the City Engineer may require, as a condition to allowing the work to be done, that such reasonable safety precautions be taken as he considers advisable to avoid likelihood of such peril. "Special precautions" may include, but shall not be limited to, specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracing compaction, or cribbing, installation of plant materials for erosion control, and reports of a soils engineer and/or of an engineering geologist whose recommendations may be made requirements for further work. B. Where it appears that storm damage may result because the grading is not complete, work may be stopped and the permittee required to install temporary planting 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 of starting grading and time of completion or may require that the operation be conducted in specific stages so as to insure completion of protective measures or devices prior to the advent of seasonal rains. SECTION 15. DRIVEWAY DESIGN - ENTRANCE DRIVEWAYS. 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. Every attempt should be made to bring the driveway to the road or street at an angle as near a right angle as the physical features permits. Returns connecting the sides of a drive and road shall have a radius of ten (10) feet. B. Driveways shall be designed and constructed in such a manner that anticipated maximum storn water run-off originating on the roadway will not drain down the drive, and anticipated maximum storm water runoff originating on the private property will not drain down the roadway except in the ditch or gutter line. C. Where the driveway is in embankment, culverts and embankment protectors shall be used to convey the runoff or other drainage to proper disposal channels. -15- D. Adequate and safe sight distance shall be provided for a design speed of fifteen (15) miles per hour. E. Standing space for motor vehicles, immediately adjacent to the driveway, shall be provided. F. where a driveway crosses an existing or proposed trail or path, the driveway shall be designed so as not to impair the use of such trail or path. G. An encroachment permit shall be required for work to be done in the public right-of-way. H. Horizontal alignment of the driveway shall be adequate for safe and convenient travel. I. Driveways shall have a minimum grade of 0.5% and a maximum grade of 15% unless in the opinion of the approving authority a steeper grade will result in a development more in keeping with the purposes of this ordinance, in which case grades steeper than 15% may be permitted. All grade changes shall be connected with vertical curves long enough to prevent contact of car or fire truck undercarriage or bumper, and to give adequate riding comfort, and shall meet the standards of the Town Engineer. SECTION 16. DRIVEWAY CONSTRUCTION STANDARDS. A. Driveway entrances to a road or street shall have a minimum paved width of asphalt, concrete or rocked, of ten (10) feet, exclusive of berms, and a maximum paved width of asphalt, concrete or rocked, of twenty (20) feet. City Engineer may require a minimum of twelve (12) feet where he deems necessary. B. Driveways serving a single building site with a length measured from roadway to garage, of less than two hundred (200) feet shall have a minimum paved width, asphalt or rocked, of ten (10) feet. C. Driveways serving more than one building site, or having a length in excess of two hundred (200) feet, shall have a minimum paved width of asphalt, concrete or rocked, of ten (10) feet, and in addition, turnouts shall be provided at intervals, not exceeding three hundred and fifty (350) feet or at such shorter distances as may be required because of limited sight distance due to the curvature of alignment. The total width at such turnouts shall be not less than eighteen (18) feet. D. Crown or cross -slope of driveway shall be from one (1) per cent to three (3) per cent. -16- V 4 E. Driveways shall have a minimum compacted thickness of ung treated rock base of four (4) inches serving one lot, and six (6) inches for two (2) or more lots. F. Where the center line grade of any section of driveway exceeds eight (8) per cent and drains toward the street or road serving the parcel, the driveways shall be surfaced with a plant mixed surface one and one-half (1'-4) inches thick, or be constructed of some other combination of base and surface providing equal strength and durability. For grades over fifteen (15) per cent, concrete may be required. G. Berms and drainage facilities shall be provided where required by the City Engineer. H. All culverts, bridges and other related structures shall be designed for H-15 loading criteria as adopted by the State of California, Department of Public Works, Division of Highways, to facilitate safe move+ ment of emergency vehicles and fire -fighting equipment. ARTICLE 5 FEES, DEPOSITS, BONDS, APPEALS, EXCEPTIONS AND PENALTIES SECTION 1. EXCEPTIONS. The Planning Commission may authorize exceptions to any of the requirements and regulations set forth in this ordinance. Application for any exception shall be made by a verified petition relied upon by the petitioner. Such petition shall be filed with the Site Development Permit application. In order for the land referred to in the petition to come within the provisions of this section, it shall be necessary that the Planning Commission find all of the following facts with respect thereto: A. That the land is of such shape or size, or is affected by such physical conditions, or is subject to such title limitations of record that it is impossible or impractical for the subdivider to comply with all of the regulations of this ordinance. B. That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner. C. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property. -17- (✓ J SECTION 2. REFERRAL OF PROPOSED EXCEPTION. Each proposed exception shall be referred to the officers or agencies involved and such officers or departments shall transmit to the Commission their recommendation, which recommendations shall be reviewed prior to the granting of any exception. SECTION 3. EXCEPTION APPROVAL BY THE PLANNING COMMISSION. The Planning Commission, after public hearing thereon, may, by resolution, approve the Site Development Permit application with the exceptions and conditions it deems necessary or it may disapprove such Site Development Permit application and exception application or take such other action as is appropriate. SECTION 4. REVOCATION OF PERMIT. A. Authority. In the event any person holding a Site Development Permit pursuant to this ordinance violates the terms of the permit, or conducts or carries on said site development in such a manner as to materially affect the health, welfare, or safety of persons residing, or working in the neighborhood of the property of the said permittee, or conducts or carries on said site development so that it is materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Planning Commission shall revoke or suspend the Site Development Permit. A temporary suspension may be made effective immediately upon notification by the City Engineer. B. Procedure for Revoking Site Development Permit. No Site Development Permit shall be permanently revoked or suspended until a hearing is held by the Planning Commission. Written notice of such hearing shall be served upon the permittee, either personally or by registered mail, and shall state: (1) The grounds for complaint or reasons for the revocation or suspension, in clear and concise language. (2) The time when, and the place where, such hearing is to b, 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. At any such hearing the permittee shall be given an opportunity to be heard, and he may call witnesses and present evidence on his behalf. Upon conclusion of such hearing, the Planning Commission shall determine whether 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 -18- V 4 Town Council in the same manner provided in Section 5. (3) The Planning Commission shall hold the hearing to consider recommendations for revocation or suspension of permits which have been temporarily suspended at the next regularly scheduled meeting of the Planning Commission at which all conditions of Paragraph (2) above can be fulfilled. SECTION 5. APPEALS. Any person aggrieved by a determination of any administrative official may appeal such determination to the Planning Commission by filing a written notice of appeal with the Planning Commission Secretary within ten (10) days after receiving notification of the adminis- trative official's determination. Any person aggrieved by a determination of the Planning Commission may appeal such determination to the Town Council by filing a written notice of appeal with the City Manager within ten (10) days after receiving notice of the Planning Commission's determination. The City Manager shall then put the matter on the next open agenda for hearing at a regularly scheduled Town Council meeting. SECTION 6. FEES. Filing fees and deposits for services shall be as set forth by resolution of the City Council. SECTION 7. BONDS. The applicant may be required by the City Engineer to file with the Town Clerk a faithful performance bond or other improvement security satisfactory to the City Attorney in the amount deemed sufficient by the City Engineer to cover all the costs of improvements as required by this ordinance, landscaping, maintenance of landscaping for such periods as specified by the Town, engineering, inspection fees and incidental expenses. SECTION 8. EXPIRATION OF PERMIT. Every Site Development Permit shall expire by limitation and become null and void if the work authorized by such permit has not been commenced within one hundred and eighty (180) days, or is not completed within one (1) year from date of issue; except that the City Engineer may, if the permit holder presents satisfactory evidence that unusual difficulties have prevented work being started or completed within the specified time limits, grant a reasonable extension of time if written application is made before the expiration date of the permit. -19- SECTION 9. PROHIBITED ACTIVITIES. A. The provisions of this ordinance shall not be construed as Permitting the removal of topsoil solely for resale, or of permitting quarrying rf any nature within the limits of the Town of Los Altos Hills. B. This ordinance shall also not be construed as authorizing any person to maintain a private or public nuisance upon their property, and compliance with the provisions of this ordinance shall not be a defense in any action to abate such nuisance. SECTION 10, VIOLATIONS AND PENALTIES. No person, firm or corporation shall construct, enlarge, alter, repair or maintain any grading, excavation or fill, or cause the same to be done, contrary to or in violation of any provision of this ordinance. A. Any person, firm or corporation violating any of the provisions of this ordinance or of any permit issued pursuant hereto shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment for not more than one hundred and eighty (180) days, or by both such fine and imprisonment. B. Site Development Committee shall be, and they are hereby empowered to investigate and make reports to the Planning Commission on any violations of this ordinance. The Planning Commission, it it determines that a violation exists, may recommend that legal action be taken by the Town Council. C. In each case in which work, for which under this ordinance a permit is required, is started without obtaining such permit, the fee for such permit thereafter granted shall be five (5) times the normal fee for such permit. SECTION 11. CONSTITUTIONALITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The Council of the Town of Los Altos Hills hereby declares -20- V J that it would have passed this ordinance and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional. SECTION 12. SHORT TITLE. This ordinance shall be known as the "Site Development Ordinance of the Town of Los Altos Hills". SECTION 13. REPEALS. All ordinances and regulations of the Town of Los Altos Hills inconsistent herewith are hereby repealed. SECTION 14. NUISANCES. Each violation of this ordinance shall be and constitute a public nuisance and be subject to abatement as such. The Town shall be entitled to obtain a mandatory injunction requiring a correction of any condition created contrary to the terms of this ordinance or in the alternative shall be entitled to correct such work at the expense of the owner and in the event the owner does not pay therefor, the charge shall be a lien on the property. SECTION 15. EFFECTIVE DATE. This ordinance shall be posted in three (3) public places within the Town of Los Altos Hills and shall become effective thirty (30) days following its adoption. -21- i0 4 CERTIFICATION OF ADOPTION I HEREBY CERTIFY that the foregoing ordinance was introduced at a Regular Meeting of the City Council of the Town of Los Altos Hills held on March 2, 1970, and was thereafter, at a Regular Meeting of said Council held on March 16, 1970, passed and adopted by the following roll call vote: AYES: Councilmen Benson, Davey, Fowles Helgesson, Mayor Aiken, NOES: None. ABSENT: None. APPROVED• /s/ WM. OSS AIKEN Mayor Town of Los Altos Hills Ord. #166-3/16/70 mam -22- ATTEST: /s/ TED' City Cler Treasurererl Town of Los Altos Hills