HomeMy WebLinkAbout35r t22 P.A92 1534007
-- / ORDINIL,it #35 - SUBDIVISION ORISN r'E1d
AN ORDINANCE REGULATING THE SUBDIVISION OF LAND III THE TOWN OF LOS
ALTOS HILLS, RErUIRIPIG AND REGULATING THE ;REPARATION AND PRESENTA-
TION OF TENTATIVE AND FINAL FAPS FOR SUCH rURPOSES: ESTAMISHING
MINIMUM SUBDIVISION D.SIGN STAND.P.DS: PROVIDING MINIMUM IMPROVEMENTS
TO BE MADE OR GUARANTEED TO BE 1sDE BY THIT SUBDIVIDER: SETTING FORTH
THE PROCEDURE TO BE FOLLOWED BY THE PLANNING COMMISSION IN APPLYING
THESE RULES, REGULATIONS AND ST:INDARDSs AND PRESCRIBING PENALTIES FOR
THE VIOL'
I.TION OF ITS PROVISIONS AND REPEALING ORDINANCE NO. 19 AS
AMENDED BY ORDINANCE NO. 25 AND ANY ORDINANCE OR PORTION OF ,ANN ORD-
INANCE IN CONFLICT THERLWITH.
THE CITY COUNCIL OF THE TOWN OF LAS ALTOS HILLS DOES
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 Purpose. It is the purpose of this Ordinance to provide,
in the Town of Los Altos Hills, for a permanently wholesome rural res-
idential environment, adequate Town facilities, and safe roads. 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.
SECTION IL. DEFINITIONS
2:20 The following terms are defined for use in this Ordinance:
(A) "Subdivision". Any land, improved or unimproved, or por-
tion 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.
(B) "Subdivider". Any individual, firm, partnership, corpor-
ation, or other legal entity commencing proceedings under this Ord+
inane to effect a Subdivision of land hereunder for himself or for
another or others.
(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 Ord-
inance.
(D) "Parcel". ;Any portion of land separated from other
parcels or portions as on a Subdivision or Record of Survey Map, or by
metes and bounds description.
(E) "Lot". Any parcel which qualifies under this Ordinance
as having at least one usable building site suitable for residence use
under zoning regulations.
(F)- "Building Site". That portion of a lot on which a resi-
dence may be placed so as to conform with this Ordinance and all build-
ing, sanitary, zoning, and other regulations.
(G) "Road". A way for vehicular traffic, whether designated
as a road, lane, street, avenue, way, place, highway, thoroughfare, or
otherwise.
(H) "New Public Road". A new road within a Subdivision which
is fully improved to Town Standards and dedicated to and aecepted by
the Town for maintenance.
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(I)� Private Road". Any street or roa y which is neither
a State nor County Road nor Highway and which has not been accepted
by the Town for maintenance.
(J) "Town", The Town of Los Altos Hills..
(R) "Town Standards". Specifications of the Town for Plan-
ning and Engineering, which shall be established by the City Council
of the Town and which shall at all times be on file in the office of
the City Clerk for review and inspection during office hours.
(L) The definitions and meanings of other words which ap-
pear in the Subdivision Map Act of the State of California such as
but not limited to "County Surveyor, Advisory Agency, Design, Im-
provement, Tentative Map, Final Nap, Record of Survey Map", are a-
dopted 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.
3:20 Building Permits. 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..
3:30 Sole of Lots. It is unlawful for any person or entity to
sell, to offer to sell, or to contract to sell any Subdivision or any
part until a sinal Map thereof, in full compliance with the applicable
provisions of the Subdivision Map and this Ordinance, has been duly
recorded in the office of the Recorder of the County of Santa Clara.
3:40 Land Not Used for Building Site. -If an owner or agent cert-
ifies that the subdivided land is not intended for use as a building
site and if no prejudice would result, the Planning Commission may re-
commend and the Council may grant waiver of any or all 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 deed creating the division of land in-
corporates a declaration of the understanding that the division, of
itself, does not qualify as a building site under the Ordinances of
the Town of Los Altos Hills.
3:50 Recordation. No Map of any Subdivision shall be entitled
O to record in the County Recorder's Office, until it has met all con-
ditions 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. TENTATIVE MAP
4:10 Preparation. The initial action in connection with the
making of any Subdivision shall be the preparation of a Tentative Map
or Maps which shall show, or be accompanied by, such data as specified
by the Subdivision Map Act and of this Ordinance..
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4:20 Form and Data Required. Tentative Paps 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 one hundred feet. The following data shall be provided:
(A) Tract nerve 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.
(0) Names of the Owner and approximate size of all properties
immediately adjacent or opposite.
(D) Locations, names and widths of all adjacent roads, both
public and private, including pavement type, width, and location in
relation to Right -of -Way.
(E) Locations, names, width, and approximate grades of all
proposed roads in the Subdivision. 'there grades exceed five per cent,
such grades shall be shown by center line profile, 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 existing
and proposed easements for drainage, sewage, public utilities or
any other purpose.
(G) Location and approximate dimensions of any existing
buildings and structures with uses thereof, and locations of any
existing septic tanks, drainage fields, wells, tanks, and location
of existing trees with trunk of six (6) inches in diameter or larger.
Rows of trees may be shown by center lines..
(H) An accurate contour map of the land to be divided with
contours at intervals of five (5) feet, together with an overall
grading plan showing how runoff of surface waters will be achieved,
and how all surface waters will be disposed of ultimately,
(I) Appiozi.mate 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.
(J) Approximate dimensions of all lots, and approximate
radii of all curves and approximate net acreage of all lots. All lots
shall be numbered.
(K) Existing use or uses of the property.
(L) Proposed uses of the property and the residential, agri-
cultural or public areas proposed, together with an outline of pro-
posed restrictions.
(M) Fire protection system, hydrants, etc., as may be re-
quired by the Los Altos Fire Protection District.
(N) Source, quality and approximate quantity of water supply.
(0) Provision for sewage disposal, drainage and flood control.
(P) Any exceptions or variations to provisions of this Ord-
inance which the Subdivider requests, and justifications and reasons
therefor.
(Q,) Proposed tree planting.
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4:30 Filing, AAgenc9 Approvals and Fees.
(A) Ten prints (black on white) of the Tentative Map, to-
gether with all additional data required, shall be filed with the
City Clerk at least fifteen (15) days prior to the Planning Com-
mission meeting at which preliminary consideration is desired.
Additional prints may be required if necessary.
(B) Fees shall be filed with the Tentative flap in the amounts
of b30.00 for the first lot; 110.00 for each additional lot.
(C) The City Clerk shall not accept any map or data unless
or until they oonform in all respects with the provisions of this
Ordinance and show all information required and are accompanied by
the required fees. Such acceptances shall not be binding, however,
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 Health Department, the Fire District, and
the Flood Control District. 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,
and also in compliance with the provisions of Section 11528 of the
Map Act. Each agency shall file with the City Clerk a complete re-
port on the proposed Subdivision, recommending approval as conforming
to all regulations and standards, or disapproval with reasons there-
for and all modifications which the Subdivider will be required to
make. No action 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.
(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) The City Clerk shall place the Tentative Map on the
Agenda of the Planning Commission for action in 4:40 and shall give
notice as to the time and place of the meeting, 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.
4:40 Action on Tentative Map.
(A) The Planning Commission shall determine whether or not
the Tentative Map is in conformity with all provisions of law and of
this Ordinance and upon that basis, shall, within thirty (30) days
after the filing, approve, conditionally approve, or disapprove the
Map. Such action shall be endorsed on the face of the Tentative Map.
If no action be taken by the Planning Commission within thirty (30) days
after filing, or longer period agreed to, the Map shall be deemed ap-
proved and the City Clerk or acting City Clerk shall make such en-
dorsement and attestation.
(B) In the event that such Tentative Map is disapproved, the
reasons for such disapproval, with substantiating authority, shall be
clearly stated on a memorandum permanently attached to said Tentative
Map, together with a statement of any changes which would render the
Map acceptable. -4-
(C) One cop of approved, conditional proved, or dis-
approved Map, with attached memorandum shall be returned to Subdivider
and one shall be kept permanently on file by the Town:
(D) Within two days after favorable action on the Tentative
Map, the Planning Commission shall transmit sufficient copies, to-
gether with any memoranda required, to the City Engineer for his use
and for distribution to all other agencies concerned.
The Planning Commission shall designate on such trans-
mitted Tentative Map, or supplemental memoranda, any dedication and
all of the improvements required.. The Subdivider shall be notified
thereof, together with any monuments or more accurate and detailed
survey$ required by the City Engineer.
(E) The Planning Commission may recommend and the City
Council may require the Subdivider to set aside suitable areas for
parks, parkways, and or paths that will be required for the use of
the neighborhood or .the population which is intended to occupy the
Subdivision under the plan of proposed property uses therein,
(F) In the event that the Planning Commission approve or
approve conditionally the Tentative Map, five (5) conies thereof
with the Certificate of Approval or Conditional Approval of the Plan-
ning Commission 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 Map shall be transmitted to the Planning Commission
and shall, if there be approval or conditional approval, constitute
the Final action upon the Tentative Map provided such approval or
conditional approval is in accordance with the action of the Planning
Commission and there has been filed no appeal by the Subdivider,
In the event that the City Council disapprove or approve by
new conditions the Tentative Map, the Planning Commission shall hold
another hearing thereon and at which the Subdivider may agree or may
file an appeal in accordance with provisions hereinafter set forth.
SECTION V. FINAL MAP
5:10 Filing -Fes, Accomnaaving 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 •ancelled,
(B) Fees shall be filed with the Final Map in the amounts of
315.00 for the first lot and 55.00 for each additional lot.
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(M) The City Council shall not approve any Final Map until
an agreement in writing has been submitted to the City bouncil sup-
ported by Bond or Cash,ov both..and approved by the City Attbis:sy
whereby the owner or Subdivider has agreed to pay into special drain-
age and road funds of the Town such sum or sums as may be established
under action of separate Ordinance and has agreed to make in -tract
improvements in accordance with engineering plans approved by the
City Engineer.
(D) Five prints (black on white) of the Final Map and four
sets of Improvement and Planting Plans if required, shall be filed
with the City Clerk for checking by the City Engineer and 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 In-
surance 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 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 distances, angles, and courses shown on the
Final Map and ties to existing and proposed monuments.
5:20 Final Map Form and Data Required.
(A) The Final Subdivision Map shall conform to Chapter 2,
Article 5 of the State of California Subdivision Map Act except that
signatures shall be made in Black India Ink.
(B) Tit':e-Sieet shall contain the tract number assigned by
the City Engineer, the commercial name, if any, a sub -title giving a
general descri. t3.on of the property being subdivided by detailed ref-
erence to Maps which have been previously recorded, certificates, ae=-
know7edgements and the name "Town of Los Altos Hills".
(C) Every sheet shall bear the titile but not sub -title,
scale one inch equals one -hundred feet, north point, basis of bearings,
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
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.
(E) 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,
(F) The Map shall show the purpose, location, width, length,
and bearing of all easements either existing or being offered for ded-
ication. Similar data shall be shown for all parcels offered for ded-
ication for any purpose, public or private. Private roads not offered
for dedication shall be designated "Not A Public Road".
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_ (G) Town boundary lines crossing or abting the Subdivision
shall be clearly designated and referenced.'
(B) Town Boundaries must coincide with lot lines.
(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, the
widths and locations of railroad RI&t&-of-Way:
(L) 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 for Subdivision UU.s,, Certificates shall be
set forth in Article 7 of the California Subdivision Map Act, Sample
certificates for Town Planning Commission, City Engineer, City Clerk,
are included in the Town Standards.
5:40 Eagineer Action on Final Mars.
(A) Within fifteen (15) 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 provisions of law and of this Ordinance.
If the Final Map is found to be technically correct and in conformance,
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 (15) days thereafter.
(B) The City 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 approdal may be extended
by mutual consent of the Subdivider and the City Engineer or the
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 City Engineer. Such agreement shall provide
as follows:
1. .That if he shall fail to complete such work within
such period the Town may complete the same and re-
cover the full cost and expense thereof from the
Subdivider and to hold the Town harmless from any
claim for damages alleged due to such failure to Como
plete. .
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.
3. For checking of Improvement and Planting Plans and
inspection of all improvements by the City Engineer
and reimbursement of the Town for the cost of such
checking and inspection at the rate of 2% of the
City Engineer's estimate of improvement cost.
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4. For the termination of the agreement upon the com-
pletion of proeeedir_gs 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 aVeement and required
to be constructed by the Subdivider.
5. For progress payments to the Subdivider from 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 agree.
ment, to assure his full and faithful performance thereof, a frond for
a sum sufficient to covdr 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 the City Attorney as to form and by the City
Clerk as to sufficiency. In lieu of said bond the Subdivider may de.
posit cash, or certified or cashier's check with the City Treasurer
under deposit agreement approved by the City Attorney.
(F) 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 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 reimbursemeiit,
(G) No extension of time, progress payments from cash de.
posits, or releases of surety bond or cash deposit shall be made ex-
cept upon certification by the City Engineer that work covered there-
by has been satisfactorily completed, and upon recommendation of the
City Clerk and approval of the 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 these improvement plans, the City Engineer
may, with the approval of the Subdivider, have the authority to we -
quire such modification or departures and may specify the manner in
which the same is to be made.
5:50 Council Hearing. The City Council shall provide for an
opportunity for any interested persons or entities to be heard, ap-
proving or disapprovingi said division of land before acting upon
acceptance or rejection of the Final Map. No action shall be taken
unless such proposed action 1s 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 (3) days before such meeting.
5:60 Council Action on Final Map. At the time set for consider-
ation of the Final Map, or at any adjournment thereof, no}.over five
(5) days, the City Council shall consider the matter and if the City
Engineer has certified that the Final Map so filed Conforms in all
respects with the Tentative Vap approved, or approved conditionally,
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GOG�f!� PAGE I
the City Council sh approve such Final Map, If the City Council
finds that the Final Map does not in fact conform with the approved
Tentative Map, the Trap shall be returned to the Subdivider and the
Planning Commission; together with a statement of the reasons for
the Council's find ags, with the proviso that a new Map deemed to be
in conformance with the approved Tentative Map may be resubmitted to
the City Council,
Upon approval of the Final Map it shall be recorded as pro-
vided in the Subdivision Map Acts After the Map has been recorded,
the Subdivider shall provide the City Engineer with the three (3)
paper copies, and one (1) positive line cloth print, together with
one (1) positive duplicate tracing of each sheet. Duplicate tracing
may be made by mechanical process. A deposit of five dollars (n5.00)
shall be paid to the City Clerk to be refunded when said copies are
filed with the City Cler$s
5:70 Council Action on Dedications. The Council shall consider
all offers of dedication. The Council shall reject any and all offers
of dedication of parcels upon which any physical improvements are re-
quired 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 signatures The Council may accept any and
all offers of dedication for other parcels or easements. 1Jhere offers
of dedication are rejected they may be accepted by resolution after
all physical improvements are completed and before the required per-
formance bond is released.
5:80 Adi.ti,oaal Funds. If the funds deposited to defray the
cost of inspe--i.ou of improvements is insufficient; the Subdivider
shall be required to deposit any additional amount required for such
purpose before the City Engineer shall certify to the completion of the
construction.
5t90 Acceptance of I�rovements# At its first regular meeting
following the certification of the City Engineer that the improvements
have been constructed in accordance with the approved plans, specifi-
eationsi and agreement; the City Council will formally accept such im-
provements subject to requirements as to one year maintenance as pro-
vided herein:
SECTION VI. GENERAL REGULATIONS AND DESIGN
6:10 Access to Subdivisions. No Subdivision shall be approved
which does not lie adjacent to a public street and with deeded and
inproved free access thereto.
6:20 Roads.
(A) The Right -of -Way for all Fublie Roads shall be sixty (60)
feet wide except for Cul -de -Sac Roads.
(B) The Right -of -Way for Cul -de -Sac Roads shall be fifty (50)
feet wide with a turning circle eighty (80) feet in diameter.
(C) The maximum length of a Cul -de -Sac Road shall be eight
hundred fifty (850) feet measured to the center of the turning circle,
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(D) The Right -of -Way for Private Roads shall be as follows:
1'. Serving 5 or more lots 40 feet wide.
2. Serving 3 or 4 lots ----- 32 feet wide.
3. Serving 2 lots ---------- 28 feet wide.
4. Serving 1 lot ----------- 24 feet wide.
(E) Every Subdivider shall bring the alignment and the widths
of Rights -of Way of all existing Public Roads adjoining the Subdivi-
sion into conformity with the Official Road Plan of the Town or as re-
quired by the Planning Commission, The Subdivider shall dedicate all
areas required for Rights -of Way.
(F) New 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. Where a cut or fill road slope is out-
side the normal Right-of-way of the road, then a elope easement shall
be provided of sufficient width to permit maintenance of the slope by
the Town.
(G) New Connecting Roads in all Subdivisions which connect
two existing Public Roads shall also be Public Roads and shall be
offered for dedication to the Town.
(H) New roads within Subdivisions of 1.75 acre minimum parcel
size and in one acre minimum Subdivisions of four (4) or less parcels,
may be Private Roads at the option of the Subdivider and with the ap-
proval of the Planning Commission. Design andconstructionshall be
as specified for "Private Roads" in the Town Standards.
(I) Easements for driveways to interior parcels may be per-
mitted by conditional exception. Any such easements permitted shall
meet Town Standards for improvements, shall have a minimum width of
twenty-four (24) feet and shall be subject to the approval of the
Planning Commission.
6:30 Paths. The Subdivider may be required to improve paths
along existing and new Public or new Private Roads, or in certain
cases along occasional parcel boundaries to dedicate and improve paths
to connect with convenient routes of travel within a Subdivision at
the direction of the Planning Commission.
6:40 Traffic Hazards. All new Public Roads and all new Private
Roads 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.
6:50 Lot Design.
(A) The area of all lots shall be in conformance with exist-
ing zoning regulations. Areas shall be computed on a net basis after
deduction is made for any present or designated future street widening.
1. Exception is allowed in a Subdivision of two (2) er
three (3) lots where the original parcel was formed prior
to the incorporation of the Town of Los Altos Hills. In
such cases, area may be computed from the existing Right -
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 center line.
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2. The maximum dimension which may be considered for com-
putations of net acreage is to be three hundred fifty
(350) fest,
3. The mir:i-mim width shall be one hundred sixty (160) feet
at the ouilding site.
4. Minimum frontage shall be twenty-four (24) feet.
(B) Lots subject to sliding along planes of clay sub -soil
must be properly retained as specified by the City Engineer.
(C) Every Lot shall provide an adequate building site in
accordance with this Ordinance and the Town Standards. Location of
natural features such as trees, gullies, ridges, and proper ingress
and egress will be factors in the approval of lot design.
.(D) Grading or levelling of any lot as elevations are pre-
sently fixed thereon shall not be permitted to a cut or fill in ex-
cess of ten (10) feet unless same is shown as a contour on the Tent-
ative Map and the same be formally approved as not in prejudice of the
neighborhood or against the welfare of the Town of Los Altos Hills.
Slope grading shall conform to standards as established by the Town
of Los Altos Hills,
6:60 Improvements.
(A) Design and construction of all paths, shoulders, catch -
basins, culverts, gutters, ballast, etc., Public Roads and Private
Roads shall be as specified in the Town Standards.
(B) Fire Protection system shall be provided by the Subdi-
vider as directed by the Los Altos Fire Protection District.
(C) Planting will be required along existing and new Roads
as directed by the Planning Commission and approved by the City
Engineer.
SECTION VII. CONDITIONAL EXCEPTION
7:10 Planning Commission Recommendation. The Planning Commission
may recommend for Council approval a conditional exception from the
provisions of this Ordinance when in its opinion undue hardship may
result from strict compliance and not be contrary to public interest.
In making its findings the Planning Commission shall consider the ex-
isting land -use of the area and the nature of the proposed use of the
land and effect on traffic conditions as probable therefrom.
7:20 Posting. The City Clerk shall post notices on the Town
Bulletin Boards and on the property and for a distance of three hun-
dred (300) feet along any public road five (5) days prior to a Plan-
ning Commission meeting when a conditional exception will be considered.
7:30 ;.ualification. No conditional exception shall be recommend-
ed for Council approval unless the Commission finds:
(A) That there are special circumstances or conditions af-
fecting said property such that the strict application of the pro-
visions 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 sub-
jected to undue burden or hardship or deprived of any material use or
enjoyment of his property.
-11.
$40,,� ecor4210 racE703
7:40 CouncilAcion. Upon receipt of recommendation for Con-
ditional Exception from the Planning Commission, the Council shall at
its next regular meeting, act upon the recomnondction, either approving.
disapproving or conditionally approving. Before any 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
5:10 Notice. Appeal may be made from any decision, determin-
ation or requirement of the Planning Commission or City Engineer by
filing a notice thereof in writing with the City Clerk within ten (10)
flays 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
hear 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 IX. SEVERABILITY
9:10 If any section, sub -section, 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, sub -section, sentence, clause or phrase thereof irres-
pective of the fact that any other section, sub -section, 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 con-
viction thereof shall be runishable by a fine of not more than X5500.00
or by imprisonment in such jail detention facility as may be provided
by the City, or by both such fine and imprisonment. Penalties herein
provided are in addition to or independent of any provision effecting
the record of any Map as provided herein.
SECTION -XI. REPEALING
11:10 All Ordinances or parts of Ordinances in conflict here-
with are hereby repealed.
SECTION XII. ADOPTION
12:10 This Ordinance shall be posted in three (3) public places
in the Town of Los Altos Hills and shall become effective thirty (30)
days after its adoption.
-12-
�• 7 T
BOOLQ PACE ( '
PASSED A:SD ADOFTED by the City Council of the Town of
Los Altos Hills this 17a_ day of February 1958,
by the following vote:
AYES: Councilmen Bledsoe, -owle, Hoefler, Hayor Treat
NOES: None
ABSENT: Councilman Rothwell
SIDNEY W. TREAT
ayor
PAUL W. SALFFN
Acting 7t—y-7'1er'c
I hereby certify the foregoing to be a true copy of
ORDINANCEJJJ adopted by the City Council at a regular meeting
thereof held on the 176 day of February�, 1958 at the Town Hall,
Town of Los Altos Hi s, California.
IN WITNESS WHEREOF I have hereunto set my hand and the
Seal of said City this 21st day of October , 1958.
2-10-58 -13-
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2-10-58 -13-
Reprinted
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