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HomeMy WebLinkAbout19ORDINANCE NO. 19 AN ORDINANCE REGULATING THE SUBDIVISION OF LAND IAT THE TOWN OF LOS ALTOS HILLS, REQUIRING AND REGULATING THE PREPARATION AND PRESENTATION OF TENTATIVE AND FINAL MAPS FOR SUCH PURPOSES: ESTABLISHING MINIMUM SUBDIVISION DESIGN STANDARDS: PROVIDING MINIMUM II'IPROVEMENTS TO BE MADE OR GUARANTEED TO BE MADE BY THE SUBDIVIDER: SETTING FORTH THE PROCEDURE TO BE FOLLOWED BY THE PLANNING COMMISSION IN APPLYING THESE RULE'S, REGULATIONS AND STANDARDS: AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AS FOLLOWS: SECTION I. Section 1:00 (Short Title). This Ordinance shall be known and may be cited as the "Subdivision Ordinance of the Town of Los Altos Hills." 1:10 It is the. purpose of this Ordinance to provide, in the Town of Los Altos Hills, for a permanently wholesome rural residential environment, adequate Town facilities, and safe access roads and paths. In their interpretation and application, the provisions herein shall be held to be the minimum requirements for the protection of the public health, safety and welfare with maximum retention of existing natural features. (11-101-1 revised) SECTION II. GENERAL PROVISIO'ATS 2:10 No division of land shall be made within the corporate limits of the Town of Los Altos Hills except in conformity with the provisions of this Ordinance. (11-102-2) (11535-b-2) 2:20 No owner or agent shall transfer, sell, agree to sell, or negotiate to sell, any Subdivision of land or any part thereof by reference to, exhibition of, or use of, a plan or map of subdivision before a Final Map is approved and recorded in the manner set by this Ordinance. Description of a parcel by metes and bounds shall not be exempt herefrom. (11-102-4) (11-538-40) If an owner or agent certifies that the subdivided land is not intended for construction of a separate dwelling or in case where otherwise a hardship would be deemed to result and no prejudice would result from waiver, the Planning Commission may recommend, and the Council may grant, a variance waiving any or all of the provisions of this Ordinance. 2:30 No map of any Subdivision shall be entitled to record in the County Recorder's Office, or have any publicity, until it has met all conditions of approval as herein provided. Should any unapproved map nevertheless be recorded, the Town shall institute proceedings to have it cancelled of record. (11-102-3) 2:40 No building permit 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 which has not been approved and Final Map recorded. (11-102-5 and 6)_ 2:50 The Town will withhold all public improvements from all Subdivisions which have not been approved and Final Map recorded and from all areas dedicated to the Public which have not been accepted as prescribed. (11-102-7) -2— SECTION III. DEFINITIONS (a) "Subdivision".(copy III Definitions Pg. 2) 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 or lease, whether immediate or future. Subdivisions of land into parcels of 1.75 acre or larger may be filed under Record of Survey procedure at the dis- cretion of the Planning Commission, but the Planning Commission may require conformance with any or all other provisions of this Ordinance. (From Ordinance #25) (b) "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. (11-103-N) (11500) (c) "Owner". Any individual, firm, association, syndicate, copartnership, 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. (11-103-8) (d) "Lot". A parcel or portion of land in a Subdivision containing an approved building site, separated from other parcels or portions by description, as on a Subdivision or Record of Survey Map, or by metes and bounds, for the purpose of sale or lease to, or separate use of another. (11-102-b) (e) "Road". A way for vehicular traffic, whether designated as a road, land, street, avenue, way, place, highway, thoroughfare, or otherwise. (11-102-J) (f) "New Public Road". A new road within a Subdivision which is fully improved to Town standards, and dedicated to and accepted by the Town for maintenance. (g) "Private Road". A road within a Subdivision which is, or is not, offered for dedication, and is, or is not, fully improved to Town standards but which is not accepted by the Town for maintenance. (WSj (h) "General Plan". The long range, comprehensive plan prepared by the Planning Commission, in conformance with the Government Code of California, for the general physical develop- ment of the Towns of Los Altos Hills which indicates the residen- tial -agricultural land use; general circulation by means of roads, pathways and trails; widths of roads; locations of schools and other Dublic facilities. (11-102-E Revised). (j) "Town". The Town of Los Altos H_lls. (k) "Town Standards". Detailed specifications of the Town for Planning and Engineering. (1) The definitions and meanings of other words which appear in the Subdivision Map Act of the State of California, such as "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. -2- SECTION IV. TENTATIVE MAP 4:10 Filing, Agency Approvals and Fees J (a) Ten prints (black on white) of the Tentative Map, together with all additional data required, shall be filed with the City Clerk at least thirty days prior to tW,, p�lJnning Com- mission meeting at which consideration is desir©�."'Additional prints may be required, if necessary.(j%_,e5 (b) Fees shall be filed with the Tentative Map in the amounts noted on the schedules of foes obtainable at the City Clerkts Office. (c) The City Clerk shall not accept any map or data unless or until they conform in all respects with the provisions of this Ordinance and show all information required, and are accompanied by the required fees. Such acceptance shall not be binding, how- ever, upon the Planning Commission as to the sufficiency or provisions therein. (d) The City Clerk shall transmit prints of the Tentative Map to the City Engineer, the County Health Department, the Fire District, the Flood Control District, and to any other agencies which may be concerned. Within three weeks thereafter, unless an extension of time has been prearranged, 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 disapproval with reasons therefor and all modifications whish the Subdivider will be required to make, (e) If test holes or other data are required by the Health Department, the Subdivider will be required to provide same, and the time limit for approval may be extended, (f) When all Agency reports have been filed, the City Clerk shall place the Tentative Map on the agenda of the Planning Commission and shall notify all parties concerned as to the time and place of the meeting, 4:20 Tentative Mao: Form and Data Required Tentative maps shall be prepared by a registered engineer or a licensed land surveyor, and shall be eighteen by twenty-six inches in size and to a scale of one inch equals not more than one hundred feet. The following data shall be provided: (a) Tract name or number, date, north point and scale, 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) Locations, names and widths of all adjacent roads, both public and private. (a) Locations, names, widths, and approximate grades of all proposed roads in the Subdivision. Where grades exceed five per cent, such grades shall be shown by center line profiles, preferably referred to mean sea level datum as established by the U. S. Geological Survey or to bench marks of the County Engineer. (f) Approximate location, width and extent of all exist- ing and proposed easements for drainage, sewage, public utilities or any other purpose. (g) Location and approximate dimensions of any existing buildings and structure with uses thereof, and locations of any existing septic tanks, drainage fields, wells, tanks, and location of existing trees with trunk of 6 inches in diameter or larger. - 3 - (h.) An accurate contour map of the land to be divided with contours at intervals as specified by the City Engineer, but in no case more than five feet. together with an overall grading plan showing how runoff of surface waters from individual lots will be achieved, and how all surface waters will be disposed of ultimately. (j) 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. (k) Approximate dimensions of all lots, and approximate radii of all curves All lots shall be numbered. (P�@% Ordinance (1) Existing use or uses of the property. (m) proposed uses of the property and the residential, agricultural or public areas proposed, together with an outline of proposed restrictions. (n) Tree plantings. (-PraposocF} (o) Source, quality and approximate quantity of water supply. (p) Provision for sewage disposal, drainage and flood control. (q) Statement of improvements and public utilities pro- posed to be made or installed and time at which they are proposed to be completed. (r) Statement as to whether the subdivider intends to file a Final Flap of the Subdivision or a Record of Survey Map thereof. (s) Provision on the face of the map for spaces for certificates, approvals and signatures. (t) A list of the names and addresses of all owners of the adjoining and opposite properties. (u) Maps of any adjoining properties owned by the Sub- divider or the Owner, together with lot layouts and locations of improvements of any existing or proposed Subdivisions of said properties. (v) Any exceptions or variations to provisions of this Ordinance which the Subdivider requests, and justifications and reasons therefor. (w) In order to avoid duplication, names to be used for new Subdivisions and for new roads shall be subject to the approval of the Planning Commission. 4:30 Action on Tentative Map 4:31 The Planning Commission shall determine whether or not the Tentative 2+1ap is in conformity with all provisions of law and of this Ordinance and upon that basis shall, within forty-five days after the filing, approve, conditionally approve, or dis- approve the hap, and shall report thereof to the Subdivider and to all Agencies concerned. 4:32 The Planning Commission may require the Subdivider to set aside suitable areas for any schools, public buildings, or dedicate areas for parkways or paths which may be desirable or necessary for the use of the neighborhood or the population which is intended to - 4 - 480 Q Q J occupy the Subdivision. In all cases, the Planning Commission shall suggest to the Subdivider measures intended to contribute to the excellence of the rural community development. SECTION V. FINAL MAP K:10 Filing, Fees, Accompanying Documents (a) Within one year after approval or conditional approval of the Tentative Map, the Subdivider shall file with the City Clerk the Final Map prepared in strict conformity to the Tentative Map as approved or as conditionally approved, together with all required accompanying documents and fees. Upon written application the Council may grant an extension of time, but otherwise the action on the Tentative Map shall be considered cancelled. (b) Fees shall be filed with the Final Map in the amounts noted in the schedule of fees obtainable at the City Clerk1s Office. (c) The City Clerk shall not accept any Final Map unless and until it conforms in all respects to the provisions of this Ordinance, and includes all information required, and is accompa- nied by all required documents and fees. The City Clerk shall not accept any original cloth tracings. (d) Ten prints (black on white) of the Final Map and four sets of Construction Plans if required, shall be filed with the City Clerk for checking by the City Engineer and by other agencies if deemed necessary. (e) The following documents shall be filed with each Final Map: 1. A preliminary title report issued by a Title insurance Com- pany in the name of the Owner of the land, issued to or for the benefit and protection of the Town of Los Altos Hills, showing all parties whose consent is necessary and their interests 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 dis- tances, angles, and courses shown on the Final Map and ties to existing and proposed monuments. 5:11 Nothing in this Ordinance shall preclude a registered engineer or licensed land surveyor from filing a Record of Survey Map under Article 5, Chapter 15, Division 3 of the Business and Professions Code ( Land Surveyorrs Act) when the purpose of the survey is not to divide land nor survey a parcel for the purpose of establishing a building site. In such cases, where a building site upon the parcel is not to be requested, a -Tentative Map shall be submitted to the Planning Commission. Upon its approval, a Record of Survey map shall be submitted to the City Engineer for signature as well as to the County Engineer. (See Certificates) 5:20 Final Map Form and Data Required 5:21 The Final Subdivision Map shall conform to Article 5, Chapter 2 of the State of California Subdivision Map Act except that all lines, letters, figures, certificates, acknowledgments and signatures shall be made in black India ink, Typewriting or rubber stamps shall not be used. 5:22 Data required on Title Sheet. The title sheet shall con- tain the tract number assigned by the City Engineer, the commercial name, if anv, a sub -title giving a general description of the property being subdivided by detailed reference to maps which have been previously recorded, certificates, acknowledgments and the name "Town of Los Altos Hills". - 5 - Q 4 J 5:23 Data required on every sheet. Every sheet shall bear the title but not sub -title, scale (no greater than 1" = 1000, north point, basis of bearings, all pertinent mathematical data, legend and description of monuments. 5:24 Pertinent Mathematical data. Complete data must be shown to determine readily the bearing and length of every block line, lot line, boundary line and monument line as well as the length, radius and radial bearings of all curves. No ditto marks shall be used on the map. The acreage of all parcels shall be shown to the nearest 1/100 of an acre, 5:25 Monuments, 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 existing monuments. 5:26 Easements. The map shall show the 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 streets not offered for dedication shall be designated "not a public street". 5:27 Other data to be shown on final map (a) Town boundary lines crossing or abutting the Sub- division shall be clearly designated and referenced. (b) Town boundaries must coincide with lot lines. (c) Paps filed for the purpose of reverting subdivision land to acreage shall so state. (d) Road names and commercial names of tracts shall be subject to the approval of the Planning Commission. (6) The map shall show the centerline of all streets, the total widths of all streets, the widths of the portions being dedicated, the widths and locations of railroad rights of way, the location, widths, and direction of flow of all streams and drainage channels, with a clear definition of all lands subject to periodic flooding or inundation. 5:30 Certificates. All certificates and acknowledgments shall conform an comd— plyy to the provisions set forth in Article 7,Chapter 2, of the State Subdivision Nap Act. 5:31 Certificates for Subdivision MaLs. Owner's Certificate. This certificate shall be signed and acknowledged by all parties having any record title interest in the land subdivided, shall indicate their consent to the pro- paration and recordation of the map and shall set forth in detail all psarcels of land and easements offered for dedication for certain specified public uses indicating any reservations as may be contained in such offer. Certificate of Town Planning Commission. "I hereby certify that the within 11_,p of 'Tract No. "Name" was approved by the Planning Commission of the Town of Los Altos Hills in accordance with the requirements of law in a duly authorized meeting held on the day of . 19 Signed, Chairman, Planning Comm ssion, Townof Los Altos Hi11s." Certificate of the City Enginoer. "I hereby certify that I have examined the included Final Map of Tract No. , "Name"; that the Subdivision shown thereon is substantially_o same as it appeared on the tentative map and any approved alterations thereof; that all provisions of the California Subdivision Map Act and any local ordinance applicable at the time of the approval of the tentative map have been complied with, and that I am satisfied that said final map is technically correct. Signed, , City Engineer, Town of Los .Altos Hills. Date ." - 6 - Q -7- 4 VJ Certificate of the Clerk of the City Council of the Town of Los Altos Hills. "I hereby certify that the within map of Tract No. "Name" was approved by the City Council of the Town of Los Altos Hills, at its regularly scheduled meeting held on the day of , 19 . Said Council did, at said meeting accept, reject the dedication of all streets shown on said map within the borderlines of said subdivision and did also (accept, reject) the widening strips, public utility easements and parcels (describe) as shown. Signed, City Clerk and Ex -Officio Clerk of the City Council of the Town of Los Altos Hills." 5:32 Certificates for Record of Survey Maps. (a) Where Record of Survey Maps of a Subdivision are being filed under the Land Surveyor's Act as described in Section V (n) the City Engineer's Certificate shall appear as follows: "This map has been examined in compliance with the provisions of Section 8766 of the Business and Professions Code and found satisfactory, but has not been approved as a building site by the governing body. (b) Where Record of Survey Maps are being filed under the Land Surveyor's act as described in Section 5.11, the City Engineer's Certificate shall appear as follows: "This map has been examined in compliance with the provisions of Section 8766 of the Business and Professions Code and found satisfactory, but has not been approved as a building site by the Governing Body. Signed, , City Engineer, Town of Los Altos Hills. Date: (c) On all Record of Survey Maps, County Engineer's Certifi- cate, shall appear as follows: "Checked mathematically and found satisfactory. Signed, Leonard Bushnell, By , Deputy." 5:40 Action on Final Map (a) Within fifteen days after the receipt thereof, the City Engineer shall check the Final Map and the accompanying data and documents against the Tentative Map as approved or conditionally approved, and against all ppovisions of law and of this Ordinance. If the Final Map is found to be technically correct and in confor- mance, the City Engineer shall certify the Map and return it to the City Clerk to be placed on the agenda of a meeting of the Council within fifteen days thereafter. (b) Time limits for checking and approval may be extended by mutual consent of the Subdivider and the City Engineer or the Council. (c) The City Engineer may request the assistance of other Town Agencies in the checking and certification of the Map. (d) Before approval by the City Council of the Final Map, the Subdivider shall execute and file an agreement between himself and the Town specifying the period within which he shall complete all improvement work to the satisfaction of the City Engineer and providing that if he shall fail to complete such work within such period the Town may complete the same and recover the full cost and expense thereof from the Subdivider and to hold Town harmless from any claim for damages alleged due to such failure to- complete. Further to maintain, insofar as it involves any defective materials or workmanship, said improvements for one year. The agreement shall also provide for checking of improve- ment plans and inspection of all improvements by the City Engineer and reimbursement of the Town for the cost of such checking and inspection. Such agreement may also provide (1) for the construc- tion of the improvements in units, (2) for an extension of time -7- Q 4 J units, (2) for an -extension of time under conditions therein specified, (3) for the termination of the agreement upon the completion of proceedings under an assessment district act for the construction of improvements deemed by City Engineer to be at least the equivalent of the improvements specified in said agree- ment and required to be constructed by the Subdivider, and (4) for progress payments to the Subdivider from any deposit money which the Subdivider may have filed in lieu of a surety bond, as provided by the next succeeding paragraph. (From Ordinance '#2,5) The Subdivider shall also file with the aforesaid agree- ment, to assure his full and faithful performance thereof, a bond for such sum as is sufficient to cover the cost of said improve- ments 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 the City Attorney as to form and by the City Clerk as to sufficiency. In lieu of said bond the,Subdivider may deposit cash, or certified or cashiers check with the City Treasurer. (From Ordinance iF25) In the event 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 Sub- divider shall fail to reimburse the Town for the cost of inspection or to maintain said improvements for one year, the Town shall call on the surety for reimbursement. or shall appro- priate from any cash deposits funds for reimbursement. (prom Ord.#25) No extension of time, progress payments from cash deposits, or releases of surety bond or cash deposit shall be made except upon certification by the City Engineer that work covered thereby has been satisfactorily completed, and upon recommendation of the City Clerk and approval of the Council.(From Ordinance e25) (e) The Council shall consider the Final Map and all offers of dedication. The Council shall reject any and all offers of dedication of parcels upon which any physical improvements are required by the Council to be constructed, furnished and installed by the Subdivider. Such rejection shall be so stated in the Certificate prepared for the Council's signature. The Council may accept any and all offors 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 the required performance bond is released. (f) After obtaining all necessary signatures and approvals except that of the County Recorder, the Subdivider shall, within thirty days, file the Final Map for Record in the office of the Recorder of Santa Clara County, or any approval of said map shall be voided. 5:41 Council Hearing. The City Council shall provide for an opportunity for any interested persons or entities to be heard, approving or dis- approving said division of land before acting upon acceptance or rejection of the Final hlap. No action shall be taken unless such proposed action is expressly noted on an agenda for a meeting of the City Council and which agenda is available on file with the City Clerk at least three days before such meeting. Any person or entity may file with the City Clerk a request, with address, for mailed notice of any meeting at which a particularly designated division of land is to be considered and no action on such division shall be taken unless such mailing is stated to have been given. - 8 - Q Q J SECTION VI. GENERAL REGULATIONS AND DESIGN 6:10 Existing Public Roads (a) At every Subdivision, the Subdivider shall bring the alignment and the widths of rights of way and pavements of all existing Public Roads adjoining the Subdivision into conformity with the Official Road Plan of the Town, The Subdivider shall dedicate all areas required for rights -of way, and shall provide all reconstruction and improvements required for roadbeds, paving and paths. (b) Where not specifically shown on the Official Road Plan, widths of rights of way and pavements shall conform to the Town Standards, (c) In lieu of reconstructing or improving an existing Public Road, the Subdivider may be required to pay the cost there- of, as estimated by the City Engineer, into the Gem ral Road Fund of the Town for use in the vicinity of the Subdivision as directed, and to assure conformity with subdivision roads and access thereto. (d) An area dedicated for future right of way shall not be accepted by the Town until and unless the Town Council deems it necessary for public use, and may be utilized by the adjoining property owner in the interim, 6:11 New Public Roads. Now roads in Subdivisions of one acre minimum parcel size shall be designed and constructed as specified under "New Public Roads" in the Town standards, and shall be offered for dedication to the Town for Town maintenance. 6:12 Connecting Roads. Connecting roads in all Subdivisions which connec7Tw--3­e`­xT-sTTng Public Roads shall also be Public Roads and shall be offered for dedication to the Town. 6:13 Private Roads. New roads in Subdivisions of 1.75 acre minimum parcel sizes in 1 acre minimum Subdivisions of 4 or less parcels, may be Private Roads at the option of the Subdivider and at the approval of the Planning Commission. Design and construction shall be as specified for "Private Roads" in the Town Standards. Private Roads shall be maintained by the property owners in the Subdivision, and maintenance shall, by agreement, be made subject to the approval of the City Engineer and the Fire District. 6:14 Traffic Hazards. All new Public Roads, all Private Roads and Driveways, shall be so designed as to grades, intersections and approaches that traffic hazards shall be eliminated as far as possible, to the approval of the Planning Commission. 6:15 paths. The Subdivider may be required to dedicate and improve paThs along existing and now Public or Private Roads, or along parcel boundaries within a Subdivision at the direction of the Planning Commission. (a) On hillsides, paths need not be at the same level as the road, but may follow contours to eliminate excessive grading. 6:16 Driveways. Shall be provided with adequate turning and passing fatM in order to prevent clogging and to eliminate traffic hazards such as bac`-ing into public or private roads, parking on steep grades. (a) Drivewa7s to two or more parcels may be combined to form a single Private Road, subject to the specifications for Private Roads in the Town Standards. - 9 - 40 Q V J (b) Safe offstreet parking shall be provided for every building site for a minimum number of motor cars as specified in the Town Standards. 6:17 Easements for roads or driveways to interior parcels shall be permitte by conditional exception. Any such easements permitted shall meet Town Standards for widths and improvements as specified for Private Roads or Driveways and shall be subject to the approval of the City Attorney. SECTION VII. IMPROVEMENTS 7:18 Design and construction of all paths, shoulders, catch - basins, culverts, gutters, bal ast. etc., in connection with Public Roads, Private Roads and Driveways shall be as specified in the Town Standards. 7:19 Fire Protectior, system, hydrants, etc., shall be provided by the Sub wide r as required�y the Los Altos Fire Protection District. 7:20 Utility Poles shall be located as directed by the Plan- ning Commission except where underground utilities are provided. 7:21 Grading. A grading plan shall be submitted to the City Clerk prior to any grading for roads, driveways or building sites, and must be approved by the Planning Commission before a building permit will be issued. At the option of the Planning Commission exceptions in setbacks may be granted onsteep sites or elsewhere, to reduce cutting and minimize grades and to preserve existing trees and natural features. 7:22 Street Tree Plantin . The Subdivider will be required to plant trees a ong exis ng and new roads and paths as directed by the Planning Commission. 7:23 Lots (a) Minimum sizes of lots shall be in conformance with the Zoning Regulations effective in the area of the proposed Subdivision. (b) Regardless of minimum sizesevery lot shall provide an adequate residence building site, in the judgment of the Planning Commission. (c) No lots shall be narrower at the building site, nor longer at the longest axis, than the dimensions stated in the Town Standards. (d) All lots in Subdivisions of 1 acre minimum size and five lots or mcre, shall front on a Public Road. (a) interior lots requiring access strips will be per- mitted in Su'cdivisions of 1.75 acre minimium size lots, or four lots or loss. Access strip to a single let shall be 249 minimum in width. Access straps to two or more parcels may be combined to form a Lot right of way for a private road. (To be amended; See Town Standards for amended widths.) (f) Location of natural features such as trees, gullies, ridges; and proper ingress and egress, will be factors in the approval of lot design. - 10 - 4r V 4 J SECTION VIII. VARIANCES (a) The Commission may authorize a variance from the provisions of this Ordinance when in its opinion undue hardship may result from strict compliance. In granting any variance the Commission shall prescribe only such conditions it deems necessary to, or desirable for the public interest. In making its findi,Cs the Commission shall consider the existing land -use of the area, and the nature of the proposed use of the land and effect on traffic conditions as probable therefrom. No variance shall be granted unless the Commission find: 1. 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. 2. That by grant of this variance any other landowner is not deprived of the reasonable use of his or her land nor subjected to undue burden or hardship or deprived of any material use or enjoyment of his property. SECTION IX. APPEAL 9:10 Notice Appeal may be made from any decision, determination or requirement of the Planning Commission or City Engineer by filing a notice thereof in writing with the City Clerk within ten (10) days after such decision or determination or requirement is made. Such notice shall set forth in detail the action and the grounds upon which the Subdivider deems himself aggrieved. The City Council shall hoar such appeal at its next regular meeting and shall sustain the action taken or reject it, or refer it back to the Planning Commission for further consideration. SECTION X. SEVERABILITY If any section, sub -section, sentence, clause or phrase of this Ordinance is for any reason held invalid or unconstitu- tional 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, sub -section, sentence, clause or phrase thereof irrespective of the fact that any other section, sub -section, sentence, clause or phrase thereof be declared invalid or unconstitutional. SECTION XI. PENALTIES 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 :500.00 or by imprisonment in such jail detention facility as may bo provided by the City, cr-by.both such fine and imprisonment. Ponaltioa-herein provided aro 2n addition . to orindependent of any provisions effecting the record of any Map as provided herein. SECTION XII. REPEALING All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION XIII. ADOPTION Q J This Ordinance shall be posted in three public places in the Town of Los Altos Hills and shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the Town of Los Altos Hills this 12th day of September, 1956, by the following vote: AYES: Councilmen Dungan. Fowls, Mayor Treat NOES: None ABSENT: Councilmen Bledsoe, Rothwell H. G. Paulman, City Clerk dn�Treat,ayol� r - 12 - rte; irr Air.:z C. 61Y CIA,Y ZCtc c-�