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HomeMy WebLinkAbout49DINANF'0 AN ORDINSNCE OF THE TO'M O LOS ALTOS HILLS REGULATING, SND UNDER CERTAIN CONDITIONS PROHIBITING 14ITHOUT PERMIT THE DEPOSIT OR REMOVAL OF SOIL, SLND ROCK OR OTHER"M'.TRI.:L RESPECTIVELY UPON OR FROM PROPERTY IN THE TOWN OF LOS .ALTOS HILLS: PROVIDING PEN,.LTIES FOR VIOLATION; PROVIDING :, S^VERdBILITY CLAUS .LTD DECL;MNG THIS TO BE AN EMERGENCY MEASURE TO BECOME EFFECTIVE IMMEDI ,TELY UPON ENICTMENT. THE CITY COUNCIL OF THE TOWN OF LOS _ZTOS HILLS DOES ORDAIN :.S FOLLOWS: SECTION I: The extraction from, or the deposit upon prop- erty in the Town of Los Altos Hills of soil, sand, rock or similar materials and including building materials and construction materials is prohibited unless a permit therefor shall have been issued by the City Clerk or Deputy Clerk of the Town of Los Altos Hills. SECTION II: There shall be excepted from the terms and re- quirements of this Ordinance excavations and deposits as follows: (a) excavation as required for basement or found- ation of any structure for which a building permit has been issued. (b) excavation as required for a swimming pool or similar project for which a building permit has been issued. (c) deposit of earth, as required and building mat- erials for use in a building for which a building permit has been issued. (d) grading of any parcel of land for a permitted use when a building permit has been issued provided no bank is left standing and exposed of more than ten (10) feet in vertical height nor where not over six hundred (600) cubic yards of material is to be re- moved from or spread upon the premises. (e) grading in a subdivision under a plan approved under existing Ordinances of the Town of Los Altos Hills. (f) excavation by any public agency or public ut- ility for the installation, operation, maintenance,inspection, repair or replacement of a facility. (g) miscellaneous excavation or deposit, not to ex- ceed six (6) cubic yards per year, incidental to residential occupancy. All work done under an excepted or permitted use shall be left in a sightly and workmanlike condition. SECTION III: The conditions under which a permit for ex- cavation or deposit or materials may be issued shall include any pro- vision deemed necessary or desirable to protect the public safety and welfare. The following are minimum standards to be applied in estab- lishment of such conditions: (a) except as herein provided, no cut slope shall be steeper than a ratio of 116 to 1 horizontal to vertical measurement. (b) except as herein provided, no fill slope ehbll beteeper than a ratio of two to one (2 to 1), horizontal to vertical measurement. (c) steeper slopes than as herein provided, if per- mitted, shall be retained by a substantial wall, built to specifi- cations approved by the Building Inspector. �-29-58 (dfiono cut shall be mzde wi.AMC ten (10) feet of the property line. (e) no material,:unless under special permit, shall be removed from the property for which t'.;e grading permit was issued. (f) no unterraced cut of fill shall exceed ten (10) feet in height. SECTION IV: -my violation of this Ordinance shall be deemed a misdemeanor and punishable by a fine not to exceed three hundred dollars (3300.00) or to exceed thirty (30) days in jail or both such fine and imprisonment. Bach day of which a violation exists shall be deemed a separate and distinct offense. SECTION V: The invalidity, if any, of any article, section, paragraph, sentence, word, clause or phrase of this Ordinance, shall not invalidate any other article, section, paragraph, sentence, word, clause or phrase of this Ordinance. The City Council of the Town of Los .iltos Hills hereby declares that it would have passed this Ordinance and each article, section, paragraph, sentence, word, clause and phrase tffiffieof irrespective of the fact that any other article, section, para- graph, sentence, word, clause or phrase thereof be declared, by a Court of competent jurisdiction, invalid. 3 ,TION VI: This Ordinance is hereby declared to be an emergency measure and urTency Ordinance necessary for the immediate preservation of the public health, safety and welfare and shall take effect and be in full force forthwith after its final passage and ap- proval. Following is a statement of the f?cts constituting such urg- ency: There is a present danger that soil will be stripped and re- moved from land in the City leaving same barren, unsightly, unproduct- ive and subject to erosion, subsidence and drainage dangers thereby damaging adjoining property besides materially lessening for such other property the residential values and enjoyment with destruction of happy family life and the rural atmosphere which is a vital compon- ent part of the designed and accepted way of living in the Town of Los 11tos Hills: further irreparable destruction may be thereby caused to the Town ideals and the welfare, well being and financial investment of its residents. SECTION VII: This Ordinance shall become effective immedi- ately on passage and shall be posted in three (3) public places in the Town of Los ._ltos Hills RMED .H`TD 00PTED By the City Council of the Town of Los iltos Hills this 18b day of August 1958 by the following vote: '.YES: Councilmen Clayton, Bledsoe, Treat, Sherlock, ; Mayor Fowle NOES: None BSENT: None --�-�Mayor Deputy Q_ty ClOk� -- -2- n-29-58