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HomeMy WebLinkAbout102ORD INANC E No. 102 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, AND REPEALING ORDINANCE NO. 99 THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS DOES ORDAIN AS FOLLOWS: SECTION 1. Approval Required. 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 is- sued for the erection, construction or improvement of the same, until final site approval therefor has been granted 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 build- ing site on a final subdivision map or by building site approval procedure approved by the City Council of the Town of Los Altos Hills and recorded or completed, as appropriate, within ten years prior to the date of application for a building permit. b) Where the site already has a structure or structures ex- isting thereon, which structure was erected in conformity with all laws and ordinances applicable at the time of its erection, and where the contemplated construction consists of the construction of any auxiliary structure or the alteration, addition to, or ex- pansion of any existing structure, provided that said alteration, addition or expansion can be made in conformity with all other ap- plicable ordinances. SECTION 3. Procedure. An application for site approval under this ordinance shall be in writing on forms approved by the Plan- ning Commission and shall be accompanied by seven (7) copies of a Record of Survey map showing the proposed building site and complying in all respects with the requirements for such Record of Survey maps of the Business and Professions Code of the State of California. The procedure for processing and approval of such applica- tion and Record of Survey map shall be the same as that prescribed for tentative subdivision maps by the then applicable subdivision ordinance of the Town of Los Altos Hills. -1- .r r SECTION 4. Standards and Conditions. The Planning Commis- sion and the City Council shall impose as conditions of approval such requirements as may be in their opinion reasonably neces- sary to protect the public health, safety and welfare and to eli- minate 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 sub- division and other ordinances then in effect, and such other conditions as may be suggested or required by the various agen- cies reviewing the application and map. The Planning Commission and City Council may impose reasonable conditions in addition to the foregoing as each situation necessitates, governed by the particulars of each case, and in order to carry out the pur- poses of this ordinance and to protect the public health, wel- fare 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 writ- ten agreement with the City, said agreement to be secured by suf- ficient 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 improve- ments 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 reasonably neces- sary 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. Additional Requirements. In any case in which either the Planning Commission or the City Council shall find that the public interest requires the filing of additional in- formation and maps, such additional information and maps as then specified shall be required to be filed as a condition precedent to the approval of the application. Such additional requirements may include, without limitation, the filing of tentative and -2- r rr W final subdivision maps, conforming in all respects to the then applicable subdivision ordinance of the Town of Los Altos Hills, which said maps shall be processed in accordance with the pro- cedures established under such subdivision ordinance. SECTION 7. Final Site Approval. The application shall be finally approved upon the issuance by the City Clerk of his certificate certifying that all requirements imposed by the City Council have been fulfilled. Said certificate shall be issued when the City Clerk has received satisfactory evidence of the completion of such requirements. Said evidence shall consist of such of the following as are appropriate to the requirements imposed upon the particular application: a) Engineers certificate of completion of required physi- cal improvements, together with posting of any bond or deposit required for maintenance. 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 title insurance policy issued within ten (10) days previous to its filing, for the bene- fit 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. In every case, all of the requirements imposed as a condi- tion of approval shall be completed within one (1) year follow- ing tentative approval of the application by the City Council, unless said Council shall have granted an extension of time for the completion thereof. SECTION S. 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 here- by declares that it would have passed this ordinance and each -3- %V %W 4NO W section, sub -section, sentence, clause and phrase thereof, ir- respective of the fact that any other section, sub -section, sen- tence, clause or phrase thereof might be declared invalid or unconstitutional. SECTION 9. 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 10. Violations. Violation of this ordinance is hereby declared to be a nuisance, and shall constitute a misde- meanor, 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. SECTION 11. Repeals. Ordinance No. 99 adopted by the City Council of the Town of Los Altos Hills on May 18, 1964 is hereby repealed. 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 February 1 , 1965, and was thereafter, at a re- gular meeting of said Council held on February 15 , 1965, passed and adopted by the following roll call vote: AYES: Councilmen Aiken, Bowler, Fowle, Henley Mayor Clayton NOES: None ABSENT: None ATTEST: A Cit yor -4-