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HomeMy WebLinkAbout99ORDINANCE NO. 99 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS REQUIRING APPROVAL OF CERTAIN SITES BEFORE ISSUANCE OF BUILDING PERMITS, ESTABLISHING A PROCEDURE THEREFOR, AND ESTABLISHING PENALTIES FOR VIOLATIONS. THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS DOES ORDAIN AS FOLLOWS: Section 1. No person shall construct or move onto any lot or site within the Town of Los Altos Hills any building or other structure, nor shall any building permit be issued for the erection, construction or improvement of the same, until final site approval therefor has been granted by the City Council in accordance herewith. Section 2. Exceptions. The requirements of this ordinance shall not be applicable under any of the following circumstances: a) Where the identical site has been approved as a building site on a final subdivision map approved by the City Council of the Town of Los Altos Hills and recorded within ten years prior to the date of application for a building permit. b) Where site approval for the identical lot or site has previously been granted by the City Council of the Town of Los Altos Hills for the same general use within two years prior to the date of application for a building permit. c) Where the site already has a main structure existing thereon, which structure was erected in conformity with all laws and ordinances applic- able at the time of its erection, and where the contemplated constructions consists of the alteration, addition to, or expansion of the main structure, provided that said alteration, additiun or expansion can be made in conformity with all other applicable ordinances. Section 3. Procedure. Tentative Maps. An application for site approval under this ordinance shall be in writing on forms approved by the Planning Commission and shall be accompanied by seven (T) copies of a tentative map filed with the Planning Commission. Said application and map shall con- tain all information required for tentative subdivision maps under the then applicable subdivision ordinance of the Town of Los Altos Hills. ail uvvaw s vwiewrvr `r r. V40 VO The procedure for processing and approval of such application and tentative map shall be the same as that prescribed by the then applicable subdivision ordinance of the Town of Los Altos Hills. Section 9 Standards and Conditions. The Planning Commission and the City Council shall impose as conditions of approval such requirements as may be in their opinion reasonably necessary to protect the public health, safety and welfare and to eliminate unreasonable risks and burdens to the site, its intended occupants, and surrounding properties. These requirements may include, without limitation, improvements for streets, surface and sub- surface drainage and support, sewage disposal, grading, access and such other matters as may then be required under suvdivision and other ordinances then in effect, and such other conditions as may be suggested or required by the various agencies reviewing the application and map. The Planning Commission and City Council may impose reasonable conditions in addition to the fore- going as each situation necessitates, governed by the particulars of each case, and in order to carry out the purposes of this ordinance and to protect the public health, welfare and safety. Section 5. Improvement Agreement Bonds and Insurance. If conditions of tentative approval require the construction of improvements which are not completed prior to application for final site approval, the owner or owners shall enter into a written agreement with the City, said agreement to be secured by sufficient cash or surety bond, agreeing to complete said improve- ments within such time as shall be fixed by the City Council and mentioned therein, and including maintenance of such improvements for a period of one (1) year following their acceptance by the City. The Planning Commission and City Council may require such additional bonds and insurance as may be reason- ably necessary under circumstances of the particular application. All such agreements, bonds and insurance shall be subject to approval as to form by the Town Attorney. Section 6. Final site approval. Within one (1) year after approval or conditional approval of the tentative map by the City Council, or within such further extension of time as may be granted by the City Council, application for final site approval shall be made by filing with the City 1AR 00.10 6 F/Ifi RNT -2- Clerk the following: a) A record of survey map of the lot or lots, diagrametically showing thereon the fulfillment of all conditions of approval which may be evidenced on such a record of survey map; b) Such deeds or offers of dedication for rights of way, easements, or other interests in land to the public as required by tentative approval, together with a preliminary title report issued within ten (10) days previous to its filing, for the benefit of the City, showing all parties having any interest in the land deeded or offered for dedication; c) Where any required improvements have not been completed, such executed agreements, improvement plans, bonds, insurance certificates and deposits as may be required therefor; d) Written evidence of payment of all required fees and of compliance with all other conditions of tentative approval. When the foregoing requirements have been fulfilled, the final map shall be processed in accordance with the procedure established in the then applicable subdivision ordinance of the Town of Los Altos Hills for processing of final subdivision maps. Section 7. Separability of Provisions. If any section, sub -section, sentence, clause or phrase of this ordinance is for any reason held invalid or unconstitutional by a decision of the court, such decision shall not affect the remaining portions or any other applications of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, sub -section, sentence, clause and phrase thereof, irrespective of the fact that any other section, sub -section, sentence, clause or phrase thereof might be declared invalid or unconstitutional. Section 8. Effective Date. 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. Section 9. Violations. Violation of this ordinance is hereby declared to be a nuisance, and shall constitute a misdemeanor, and shall be punishable as such by a fine of not to exceed $500.00 or by imprisonment for not to exceed six (6) months in the jail facility then in use by the Town of Los Altos Hills, or by both such fine and imprisonment. LAOORIO R FAIBANT -3- •CACTI. 14W 14W VO VO 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 May 4, 1964, and was thereafter, at a regular meeting of said Council held on May 18, 1964, passed and adopted by the following roll call vote: AYES: Councilmen Aiken, Bowler, Henley, Fowle, Mayor Clayton NOES: None t OURIO 6 rAIRANT MOD THIRD TRIMT -4- . c, All