Los Altos Hills City Zoning Code
CHAPTER 2
SITE DEVELOPMENT
Ord- 617_0
Ord- 618_1
Ord- 615_2
§ 10-2.101 Applicability.
The provisions of this chapter shall apply to all site development within the Town; however, a permit shall be required only for those types of development set forth in Article 3 of this chapter.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.102 Purposes.
The provisions of this chapter are adopted to permit reasonable development of land while preserving the natural scenic character of the town, protecting the natural amenities, and providing for the safety, benefit and welfare of its citizens by establishing minimum standards and requirements relating to: (1) land grading, (2) drainage and erosion control, (3) the siting of buildings and other development; (4) the planting of landscaping, (5) the installation of driveways; (6) preservation of ridgelines; (7) the implementation and maintenance of the Master Path Plan; and (8) outdoor lighting, and procedures by which such standards and requirements may be enforced. It is intended that the provisions of this chapter be administered with such purposes in mind.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.103 Interpretation.
The standards of this chapter shall be held to be minimum requirements. The provisions of this chapter are not intended to impair or interfere with any private restrictions placed upon property by covenant or deed; provided, however, where the provisions of this chapter impose higher standards or a greater restriction upon the development of land than are imposed or required by such private restrictions, the provisions of this chapter shall control.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.201 Definitions.
Except as otherwise provided in this chapter, the words and phrases used in this chapter shall be defined in accordance with the definitions contained in Article 2, entitled "Definitions" of Chapter 1 entitled "Zoning" of Title 10 of the Los Altos Hills Municipal Code consisting of Section 10-1.201 and 10-1.202, as the same exist, or as hereafter amended or added to.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.301 Permits.
No person shall commence or perform any activity described in subsection (a), (b), or (c) of this section without first obtaining a site development permit. A separate site development permit shall be required for each site on which any action(s) covered by this chapter is (are) to be undertaken.
(a)
Administrative Review. The Planning Director or designee shall review and act on site development applications for the following activities without the necessity of notice and a hearing, provided that the Planning Director may deem it appropriate to conduct a noticed hearing pursuant to subsection (b) of this section for any of the items listed in this subsection (a):
(1)
The construction or placement of any spa, solar panel, or dish antenna in excess of three feet in height, or 30 square feet in development area;
(2)
Grading:
(i)
For fills equal to or exceeding two feet but less than four feet in vertical depth, at their deepest point measured from the natural ground surface;
(ii)
For excavations equal to or exceeding two feet but less than six feet in vertical depth, at their highest point measured from the natural ground surface;
(iii)
For excavations or fills, or any combination thereof, equal to or exceeding 50 cubic yards, but less than 250 cubic yards;
(iv)
For excavations or fills, or any combination thereof, equal to or exceeding an area of 1,000 square feet, but less than 3,000 square feet.
(3)
The construction of any structure, or any addition to a structure, which equals or exceeds six feet in height but is less than 19 feet in height, or is less than 250 square feet of floor area with a height in excess of 19 feet, provided that where a second story is to be added to a structure which presently does not include a second story, the site development review shall be processed pursuant to subsection (c) of this section;
(4)
The construction of any structure, combination of structures, or additions to structures which equal or exceed 1,000 square feet of development area, but are less than 3,000 square feet of development area;
(5)
The construction of any structure, combination of structures, or additions to structures which equal or exceed 150 square feet of floor area, but are less than 900 square feet of floor area;
(6)
The enlargement of an existing private vehicular access or driveway which does not result in a new or relocated access point to a public or private road;
(7)
The construction or installation of any dish antenna less than 12 feet in diameter;
(8)
The construction, placement or installation of any structure supporting photovoltaic power generation facilities that is less than six feet in height and less than 900 square feet in development area;
(9)
The construction, placement or installation of photovoltaic power generation facilities on an existing structure that are less than 18 inches higher than the existing structure;
(10)
The construction of a secondary dwelling unit.
(b)
Administrative Review With Notice and Hearing. The Planning Director shall, after notice and public hearing pursuant to Section 10-2.1305(b), review and act on site development applications for the following activities:
(1)
Grading:
(i)
For fills equal to or exceeding four feet but less than 10 feet in vertical depth, at their deepest point measured from the natural ground surface;
(ii)
For excavations equal to or exceeding six feet but less than 13 feet in vertical depth, at their highest point measured from the natural ground surface;
(iii)
For excavations or fills, or any combination thereof, equal to or exceeding 250 cubic yards, but less than 1,000 cubic yards;
(iv)
For excavations or fills, or any combination thereof, equal to or exceeding an area of 3,000 square feet, but less than 10,000 square feet.
(2)
Construction of any structure, combination of structures, or additions to structures which equal or exceed 250 square feet of floor area with a height in excess of 19 feet, but are less than 500 square feet of floor area in excess of 19 feet in height, provided that where a second story is to be added to a structure which presently does not include a second story, the site development review shall be processed pursuant to subsection (c) of this section;
(3)
Construction of any structure, combination of structures, or additions to structures which equal or exceed 3,000 square feet of development area, but are less than 7,500 square feet of development area;
(4)
The construction of any structure, combination of structures, or additions to structures which equal or exceed 900 square feet of floor area, but are less than 1,500 square feet of floor area;
(5)
The construction of a private vehicular access or driveway which results in a new or relocated access point to a public or private road;
(6)
The construction or installation of any antenna equal to or greater than 40 feet in height but less than 63 feet in height;
(7)
The construction or installation of any dish antenna equal to or greater than 12 feet in diameter;
(8)
The construction of any tennis court, sports court, or swimming pool;
(9)
Landscape plans when required by Planning Commission action; or
(10)
Any other proposal deemed appropriate by the Planning Director for a noticed hearing conducted by the Planning Director.
(c)
Planning Commission Review. The Planning Commission shall review and act on site development applications for the following activities:
(1)
The construction of a principal residence;
(2)
Grading:
(i)
For fills equal to or exceeding 10 feet in vertical depth, at their deepest point measured from the natural ground surface,
(ii)
For excavations equal to or exceeding 13 feet in vertical depth, at their highest point measured from the natural ground surface,
(iii)
For excavations or fills, or any combination thereof, equal to or exceeding 1,000 cubic yards,
(iv)
For excavations or fills, or any combination thereof, equal to or exceeding an area of 10,000 square feet,
(v)
For tennis court grading where the maximum cut plus the maximum fill depths would exceed eight feet;
(3)
The construction of any structure, combination of structures, or additions to structures which equal or exceed 500 square feet of floor area with a height in excess of 19 feet, or construction of any second story addition to a structure which does not presently include a second story;
(4)
The construction of any structure or combination of structures which equal or exceed 7,500 square feet of development area;
(5)
The construction of any structure, combination of structures, or additions to structures which equal or exceed 1,500 square feet of floor area;
(6)
The construction or installation of any antenna equal to or greater than 63 feet in height;
(7)
Any other proposal which exceeds the thresholds set out in subsections (a) and (b); or
(8)
Any other proposal referred to the Planning Commission by the Planning Director.
(d)
Exceptions. A site development permit shall not be required for the following:
(1)
Any activity which is below the thresholds prescribed in Section 10-2.301(a);
(2)
Excavations below the finished grade for septic tanks and drain fields, tanks, vaults, tunnels, equipment basements, cellars, or footings of buildings or other structures for which a building permit has been issued by the Town;
(3)
The excavation or removal of vegetation in a public utility easement by public utility companies for the purpose of installing underground utilities;
(4)
Routine maintenance of roads and driveways;
(5)
Improvements constructed pursuant to improvement plans approved by the Town as required by approval of a tentative subdivision map;
(6)
Emergency work required by the City Engineer to mitigate or avoid a threat to the health, safety, or welfare of the community.
(§ 3, Ord. 305, eff. October 3, 1986; § 1, Ord. 325, eff. August 3, 1988; § 1, Ord. 346, eff. July 19, 1992; § 4, Ord. 384, eff. October 18, 1996; § 4, Ord. 446, eff. June 11, 2006; § 1, Ord. 514, eff. March 26, 2009)
§ 10-2.401 Purpose.
It is the purpose of this article to minimize erosion, soil compaction, topsoil displacement, siltation of water courses, and other adverse effects of grading, including alteration of the scenic qualities of the natural terrain. It is also the purpose of this article to insure that at the completion of the project, the visible alteration of the natural terrain be minimized.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.402 Compliance required.
All grading and grading operations shall comply with the requirements of this chapter and the Town's Standard Specifications. All plans for grading shall be approved by the City Engineer.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.403 Hours of operation.
All grading operations shall be carried on between the hours of 8:00 a.m. and 5:30 p.m., Monday through Friday, unless the City Engineer finds evidence that an emergency exists that imperils the public safety, in which event(s) he or she may direct the work to proceed during such other hours as may be necessary for the duration of the emergency. No grading operations shall be carried on any day designated by resolution of the City Council to be recognized and celebrated as a public holiday by the employees of the Town of Los Altos Hills.
(§ 15, Ord. 299, eff. December 11, 1985; § 3, Ord. 318, eff. January 18, 1988)
§ 10-2.404 Restrictions during wet season.
The City Engineer may restrict grading operations during the wet season. The wet season is defined as the period between October 1st and April 30th. The City Engineer may allow grading to proceed during the wet season if precipitation has been minimal; if the grading technique to be used will minimize the risk of landslides, erosion, or damage to adjacent properties or environmentally sensitive areas from soil movement; or if it is in the interest of public health and safety to permit grading. Following any 24 hour period during the year in which one-half inch or more of rain has fallen the City Engineer may prohibit grading.
(§ 15, Ord. 299, eff. December 11, 1985; § 1, Ord. 569, eff. May 20, 2017; Ord. 612, eff. 7/20/2024)
§ 10-2.405 Dust and dirt control.
All graded surfaces shall be wetted or suitably contained to prevent nuisances from dust or spillage on Town streets or adjacent properties. Equipment, materials, and roadways on the site shall be used or treated in a manner so as to prevent excessive dust conditions.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.406 Slopes.
The maximum slope of any fill shall not exceed two horizontal to one vertical. The maximum slope of any cut shall not exceed one and one-half (1.5) horizontal to one vertical. A steeper slope may be created only if approved by the City Engineer. Where cohesionless or expansive soils are used, or where other conditions warrant a further restriction of the slope, the City Engineer may impose such restriction.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.407 Property lines.
No grading shall be permitted within 10 feet of any property line and public or private road right-of-way easement, except as required for construction of pathways, to allow access for driveways where they cross a property line, or within a panhandle.
(§ 15, Ord. 299, eff. December 11, 1985; § 1, Ord. 557, eff. February 15, 2015)
§ 10-2.408 Cuts and fills.
All cuts and fills shall be rounded to natural contours. Finished grades shall conform to the natural grade as much as possible and shall not contain sharp angles or other unnatural features.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.409 Erosion control.
All cut and fill surfaces created by grading and subject to erosion shall be planted with a ground cover compatible with the natural ground covers in the Town and which will thrive with little or no maintenance once established. Topsoil shall be stockpiled during rough grading and used on cut and fill slopes. On slopes likely to be extensively disturbed by later construction, an interim ground cover shall be planted or other acceptable erosion control device shall be used.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.410 Safety precautions.
(a)
Natural Hazards. If, at any stage of the grading, the City Engineer determines by inspection that the nature of the formation is such that further work as authorized by an existing permit is likely to imperil any property, public way, water course, or drainage structure, the City Engineer may require, as a condition to allowing the work to continue, that such reasonable safety precautions be taken as he or she considers advisable to avoid the likelihood of such peril. Such safety precautions may include, but shall not be limited to, specifying a flatter exposed slope, the construction of additional drainage facilities, berms, terracing compaction or cribbing, the installation of plant materials for erosion control, and reports of a soils engineer and/or an engineering geologist whose recommendations may be made requirements for further work.
(b)
Storm Hazards. Where it appears that erosion damage may result from a storm because the grading is not complete, work may be stopped and the permittee may be required to install temporary plantings to control erosion, install temporary structures, or take such other measures as may be required to protect adjoining property or the public safety. On large operations or where unusual site conditions prevail, the City Engineer may specify the time to begin the grading and the time of completion of the grading, or he or she may require that the operation be conducted in specific stages so as to insure the completion of protective measures or devices prior to the advent of seasonal rains.
(§ 1, Ord. 299, eff. December 11, 1985)
§ 10-2.501 Purpose.
The purposes of this article are to preserve the regional drainage patterns and natural swales without modification insofar as is feasible; to insure that artificial drainage systems, when they are necessary, be of an inconspicuous design; and to minimize erosion and sedimentation by using vegetative ground covers wherever they are a practical substitute for engineering structures.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.502 Drainage standards.
Drainage systems shall be designed to minimize the effects of erosion, situation, and flooding on immediate or distant downstream neighbors. They shall follow regional patterns and use natural swales wherever possible.
Provisions shall be made to prevent surface waters from damaging the cut face of an excavation or any portion of a fill. All drainage ways and structures shall carry surface waters to the nearest practical street, storm drain, or natural watercourse approved by the City Engineer as a safe place to receive such waters. The City Engineer may require drainage structures to be constructed or installed as necessary to prevent erosion damage or to prevent the saturation of the fill or material behind cut slopes. Drainage facilities and impervious surfaces shall be designed to prevent adjacent properties from receiving run-off from a project site, except through approved drainage channels. Drainage facilities shall be constructed according to standard specifications developed by the City Engineer.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.503 Drainage facilities standards.
The City Engineer shall consider the following in making recommendations to the Site Development Authority regarding the adequacy of proposed drainage facilities:
(a)
The design and location of any terraces in cut and fill slopes, including the distance between terraces, the gradient of any swales or ditches in the terraces, and the tributary area from which water is discharged into a swale or ditch.
(b)
The capacity of proposed subsurface drainage on cut and fill slopes to carry run-off from the site, based on the amount of impervious surfaces, the absorption characteristics of the soil, the proposed discharge point of subsurface drainage, and effects of vegetative cover in absorbing water.
(c)
The location(s) and type(s) of devices, such as downdrains, used to prevent erosion in the area of discharge.
(d)
The extent to which proposed drainage facilities prevent standing water or other localized conditions of soil saturation on a site.
(e)
The extent to which proposed drainage facilities decrease the velocity and concentration of water runoff to reduce the potential for soil erosion.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.504 Drainage easements.
Whenever a site development permit is requested for an activity which may affect natural drainage patterns or rates, the Planning Director or Planning Commission may, upon recommendation of the City Engineer, require the dedication of an easement sufficient to accommodate natural or installed drainage systems.
(§ 15, Ord. 299, eff. December 11, 1985; § 5, Ord. 384, eff. October 18, 1996)
§ 10-2.601 Purposes.
The purposes of this article are to insure that provision is made for public pathways to provide pedestrian, equestrian, and bicycle access for Town residents; to implement the Master Pathway Plan of the General Plan of the Town of Los Altos Hills; and to prevent damage to the Town's pathways from activities that occur on private property.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.602 General policies.
(a)
Each property shall have direct access to a pathway or indirect access via a vehicular right-of-way.
(b)
Undeveloped properties along designated pathways and bicycle routes may be required to dedicate an easement for the extension of the pathway as a condition of site development approval.
(c)
Pathways shall be sited and improved in a manner that creates minimal disturbance to the natural environment.
(d)
Equestrian and pedestrian paths should generally be separated from roadways.
(e)
Pathways shall be of sufficient width to provide a safe corridor for travel and pathway maintenance.
(f)
Except for designated regional trails and bikeways, paths shall be designed primarily for local use by Town residents.
(g)
Intersections of paths and vehicular rights-of-way shall be kept clear of vegetation which might obscure the view of users.
(h)
Pathways shall be designed and maintained to prevent erosion, to prevent injury from landslides or other soil movements, and to assure proper drainage of the path.
(i)
Slopes in excess of 15% adjacent to a pathway shall contain soil retentive landscaping, rockery, netting, or other devices approved by the City Engineer to reduce potential damage to the path or injury to users of the path from landslide, soil creep, or erosion.
(j)
Pathways shall be designed and maintained to minimize their impact on adjacent properties.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.603 Construction activities near pathways.
Construction activities and tilling undertaken near a pathway shall create minimal disturbance to the pathway. Appropriate measures shall be undertaken to assure that landslides or soil movement do not occur on pathways. Temporary drainage facilities or plantings may be required by the City Engineer during construction to insure that pathways are not eroded or damaged from stormwater runoff. Any damage to a pathway resulting from private activities shall be repaired by the responsible party at their expense. In the event damage creates an irreparable break in the pathway, the responsible party may be required by the Town to provide or acquire an alternate easement for the pathway.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.604 Drainage.
Drainage facilities on private properties adjoining pathways shall be designed and maintained so that stormwater runoff from those properties does not drain onto the pathways.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.605 Driveway surfaces.
The surfacing or resurfacing of a driveway at its intersection with a path shall be accomplished with material and methods acceptable to the City Engineer to reduce the danger of slipping by users of the pathway.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.606 Payment of pathway fees and/or dedication of pathway easements.
Whenever a site development permit is requested for a main residence, an accessory dwelling unit, an addition to a structure of at least 900 square feet of "habitable" floor area (including cumulative additions of 900 or more square feet of habitable floor area made over a period of 10 year(s)), or a barn or stable for equestrian use of at least 900 square feet in floor area, on a property which is designated on the Master Path Plan for an off-road pathway or for a roadside pathway, but where all or a portion of such roadside path cannot feasibly be located within the existing public or private right-of-way, the Site Development Authority may require the payment of pathway fees and/or dedication of an easement for public use as part of the Town's pathway system according to the guidelines contained in the Pathway Element of the General Plan. Pathway easements shall be required within emergency road easements. In addition, the following guidelines apply:
(a)
An easement should generally be located along the boundary of a property;
(b)
The easement shall be located so as to connect to existing or future pathway segments at the boundaries of a property; and
(c)
The easement shall not be located on terrain that cannot be safely or conveniently traversed by pedestrians or equestrians.
(§ 15, Ord. 299, eff. December 11, 1985; § 4, Ord. 381, eff. April 19, 1996; § 1, Ord. 584, eff. November 16, 2019)
§ 10-2.608 Pathway fee.
A site development permit for a lot on which no path is needed and on which is to be constructed a main residence, an accessory dwelling unit, an addition to a structure of at least 900 square feet of "habitable" floor area (including cumulative additions of 900 or more square feet of habitable floor area), or a barn or stable for equestrian use of at least 900 square feet in floor area shall be assessed a pathway fee, the amount of which shall be fixed by Council resolution as a development impact fee pursuant to the Mitigation Fee Act (AB 1600) (Government Code Section 66000 et seq.). For purposes of assessing the pathway fee, "habitable" floor area does not include additions for kitchen and dining rooms, entryways, foyers, hallways, stairways, or elevators. Pathway fees collected shall be deposited in the Town's pathway fund. No fee shall be assessed if the lot has been assessed and has paid a fee pursuant to Section 9-1.1112 of the Subdivision Ordinance.
(§ 6, Ord. 381, eff. April 19, 1996; § 1, Ord. 584, eff. November 16, 2019)
§ 10-2.701 Purposes.
The purposes of this article are to insure that the site, location and configuration of structures are unobtrusive when viewed from off-site; that scenic views are retained; that buildings do not dominate the natural landscape; that ridgelines and hilltops are preserved; and that the siting of structures is consistent with other provisions of this chapter concerning grading, drainage, and erosion control.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.702 Siting.
(a)
Alternative Locations. The location of buildings and structures shall be selected so as to minimize runoff from the site, the volume of off-site drainage created, the destruction or alteration of natural vegetation, and the impairment of scenic views from off the site.
(b)
Preservation of Ridgelines, and Hilltops. Ridgelines and hilltops shall be preserved by the siting of structures to take advantage of natural topographic or landscape features which would cause structures to blend with their natural surroundings. The Site Development Authority shall consider the following guidelines in approving the location of a structure:
(1)
Single story buildings and height restrictions may be required on hilltops and ridgelines.
(2)
Cut foundations should be used in place of fill on hilly terrain.
(3)
Native or naturalized vegetation should be used to conceal structures wherever possible.
(4)
Structures may be located on ridgelines or hilltops only when they can be rendered unobtrusive by one or more of the following techniques:
(5)
Hilltops or ridgelines shall not be cut down, flattened, or similarly graded to create a building pad in excess of the actual area covered by the principal residence.
(c)
Disturbance to the Site. The location of all structures should create as little disturbance as possible to the natural landscape. The amount of grading, excavation, or fill shall be the minimum necessary to accommodate proposed structures, unless grading is proposed to lower the profile of buildings. Additional grading may be allowed for the purpose of lowering the profile of the building provided that at the completion of the project the visual alteration of the natural terrain is minimized. The removal of vegetation and alteration of drainage patterns shall be the minimum necessary to accommodate the proposed structure.
(d)
Passive Solar Energy Conservation. Opportunities for passive solar energy shall be considered in the siting of buildings.
(e)
Creek Protection. Structures shall be set back a minimum of 25 feet from the top of bank of all creeks. Greater setbacks may be required along major creeks in the Town; however, lesser setbacks may be allowed where approved by the Planning Commission. Improvements required to all creeks shall be accomplished to appear natural and to maintain the natural meandering course of the existing creek. Creeks and banks shall be protected so as to remain in their natural state as much as possible. They should not be disturbed by the building or grading process. No grading shall be allowed in creeks or within the required setbacks from top of bank. Siting of structures shall be done with safety as a primary concern. Safety concerns and preservation of riparian habitat are required to be simultaneously addressed when designing development and required improvements to creeks.
(§ 15, Ord. 299, eff. December 11, 1985; §§ 6, 7, Ord. 370, eff. May 20, 1994; § 1, Ord. 504, eff. October 28, 2006)
§ 10-2.703 Construction.
(a)
Foundations. The types of foundation to be used for primary and accessory structures shall be selected to ensure that at the completion of the project the visual alteration of the natural terrain is minimized. Type II foundations—step-on-contour, daylight, pole foundations, or a combination thereof — shall be used on building sites with natural slopes in excess of 14%.
(b)
Color and Materials. For large or highly visible surfaces on buildings, special attention shall be given to the selection of exterior colors and construction materials that are not highly reflective.
(c)
Appurtenances. Dish antennae, freestanding solar panels, and similar appurtenances as defined in Section 10-2.301 may be approved by the Planning Director under the following conditions:
(1)
The appurtenance is the minimum size necessary to adequately serve its purpose.
(2)
The appurtenance can be suitably screened by landscaping, the use of colors or materials that blend with their surroundings, or by natural features of the site without adversely affecting its operation.
(3)
Landscaping shall be placed to screen appurtenances such as solar panels and dish antennae in such a manner as to not significantly affect the basic function of such equipment. These structures shall not be permitted unless they can function in the presence of such screening.
(4)
The appurtenance is not placed in a conspicuous position or on a hilltop or ridgeline.
The Planning Director may impose additional conditions on the size, location, and construction of appurtenances as the Planning Director deems necessary to carry out the purposes of this chapter. |
(§ 6, Ord. 384, eff. October 18, 1996)
§ 10-2.801 Purpose.
The purposes of this article are to create the maximum compatibility of development with the natural environment; to preserve the rural qualities of the Town, to insure that structures, as viewed from off-site, blend harmoniously with the natural landscape and are unobtrusive; to maintain soil stability, to abate noises; to protect wildlife habitats; to retain aesthetic quality; to conserve water resources; and to protect properties against fire and other natural forces.
(§ 15, Ord. 299, eff. December 11, 1985; § 1, Ord. 520, eff. October 16, 2010)
§ 10-2.802 Landscape policies.
(a)
Erosion. Landscaping shall be required to control erosion, retard soil creep, and reduce the potential for landslides.
(b)
Noise. Landscaping and berms may be required to shield Town residents from unnatural noises, such as those from freeways, arterial streets, and nonresidential land uses.
(c)
Visual Effects. Landscaping shall be required to mitigate the visual effects of development from off the site.
(d)
Preferred Plants. Landscaping should utilize fire retardant species. Native or naturalized plants or other plant species that blend naturally with the landscape should generally be favored.
(e)
Maintenance. Landscaping shall be maintained in healthy condition by property owners and shall not intrude into easements, paths, or the lines-of-site required at intersections and along roads.
(f)
Tree Preservation. Every feasible attempt should be made to preserve existing trees except those trees identified in the Los Altos Hills Landscape Guidelines invasive plant list.
(g)
Eucalyptus Trees. All existing Blue Gum (E. globulus), Pink Ironbark (E. sideroxylon rosea), River Red Gum (E. camaldulensis), Swamp Gum (E. rudis), Honey Gum (E. melliodora), and Manna Gum (E. viminalis) eucalyptus trees shall be removed at the time of construction of a principal residence or at the time of the construction of any structure, combination of structures, addition or alteration to structures which individually or cumulatively equal or exceed twelve hundred (1,200) square feet of floor area. Exceptions shall be made for eucalyptus trees greater than 150 feet from any roadways or structures.
(h)
Amount Required. The Town shall require only the minimum amount of landscaping necessary to implement the above policies. The amount of landscaping required by the Town shall be determined by the size of structure, the types of materials, and the colors proposed for structures. Structures that blend with the natural landscape will normally require less landscaping for screening purposes than will structures composed of non-natural materials and bright colors.
Where slopes are too steep to support continuous ground cover, niches and ledges may be required for planting. Landscaping may be required for cuts and fills along public roads.
(i)
Water Efficient Landscaping. Landscape design, installation, maintenance and management shall be water efficient to promote the conservation and efficient use of water and to prevent the waste of this valuable resource.
(§ 15, Ord. 299, eff. December 11, 1985; § 1, Ord. 503, eff. August 27, 2006; § 1, Ord. 520, eff. October 16, 2010)
§ 10-2.803 Site development.
Landscaping to render structures inconspicuous from off-site and in conformance with the provisions of this chapter shall be required by the Site Development Authority as a condition of approval of a site development application.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.804 Preferred species list.
The Planning Director shall maintain a preferred species list for distribution to applicants. The list shall note any special qualities of particular plant species, such as size at maturity, drought or fire resistance, soil requirements, etc.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.805 Size and placement.
The number and size at maturity of plants used to screen and break up the outline of structures should be scaled to the size of the structures and the siting angles from prospective viewing points, the types of building materials used, and the color scheme of the structure. In evaluating the adequacy of proposed landscaping, the following guidelines shall be considered:
(a)
The shape, outline, color, and form of all structures shall be rendered unobtrusive when viewed from any location off-site at the time landscaping has matured.
(b)
The type of landscaping used shall be sensitive to the natural topography. For example, on steep slopes, plants that will maximize erosion control should be selected.
(c)
The type of landscaping shall be appropriate for the composition of the soil in which the plantings are to be located. Required landscaping should thrive with as little maintenance as possible.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.806 Irrigation systems.
Sprinklers and other landscape irrigation systems shall not be allowed in any public right-of-way without an encroachment permit.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.807 Maintenance of landscaping.
Landscaping shall be maintained in a natural, healthy condition. Diseased or dead plants shall be replaced. Combustible brush shall be removed from the site. A minimum of 12 feet vertical clearance shall be maintained over driveways, public pathways and public rights-of-way. Landscaping shall be maintained according to the conditions of any performance bond filed with the Town.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.808 Fences and walls.
Any wall or fence may be required to be landscaped.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.809 Water efficient landscaping.
(a)
Application. The provisions of the Water Efficient Landscape Ordinance (WELO) shall apply to the following:
(1)
All new development projects requiring a Site Development Permit; and
(2)
Rehabilitated landscape projects with an aggregated irrigated landscape area equal to or greater than 2,500 square feet requiring a building or site development permit; and
(3)
Existing landscapes limited to subsections (s) and (t).
Any project with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this section or conform to the prescriptive measures contained in the Prescriptive Compliance Option located within the Town's Landscape Design Guidelines and Plan Submittal Requirements (herein after referred to as Landscape Guidelines). | |
For projects using treated or untreated graywater or rainwater captured on-site, any lot or parcel within the project that has less than 2,500 square feet of landscaping and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captured on-site shall only be subject to the irrigation requirements located within the Town's Landscape Guidelines. | |
This section shall not apply to: | |
(1) | Registered local, State or Federal historical sites where landscaping establishes an historical landscape style, as determined by any applicable public board or commission responsible for architectural review or historic preservation; |
(2) | Ecological restoration or mined-land reclamation projects that do not require a permanent irrigation system; or |
(3) | Community gardens or plant collections, as part of botanical gardens and arboretums open to the public. |
(b) Applied water Certified professional Distribution uniformity Ecological restoration project Established landscape Estimated total water use (ETWU) ET adjustment factor (ETAF) Evapotranspiration (ET) rate Graywater Hydrozone Invasive plant species Irrigation audit Irrigation efficiency (IE) Irrigation survey Landscape area (LA) Landscape project Landscape water meter Local water purveyor New construction Nonresidential landscape Overspray Parcel water budget (PWB) Permit Pervious Plant factor or plant water use factor Project applicant Reference evapotranspiration or ETo Rehabilitated landscape Runoff Special landscape area (SLA) Turf Water conserving plant species Water feature WUCOLS
Definitions. The following definitions are established for the purpose of this article. A complete list of WELO definitions is included in the Town's Landscape Guidelines. The meaning and construction of words and phrases is as follows:
means the water supplied by the irrigation system to the landscape.
means a certified irrigation designer, certified landscape irrigation auditor, licensed landscape architect, licensed landscape contractor, licensed professional engineer, or any other person authorized by the state to design a landscape, an irrigation system, or authorized to complete a water budget.
means the measure of the uniformity of irrigation water over a defined area.
means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
means the point at which plants in the landscape area have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.
means the total water used for the landscape as calculated in subsection (d) of this section, "Water Efficient Landscape Worksheet."
means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency. The ETAF for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.
means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.
means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Graywater includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.
means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated.
means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.
means an in-depth evaluation of the performance of an irrigation system conducted by a certified professional. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association's Landscape Irrigation Auditor Certification Program or other U.S. Environmental Protection Agency "WaterSense" labeled auditing program.
means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this section are 0.75 for overhead spray devices and 0.81 for drip systems.
means an evaluation of an irrigation system that is less detailed than an irrigation audit and includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.
means all the irrigated planting areas, turf areas and water features in a landscape design plan subject to the maximum applied water allowance calculation.
means the total area comprising the proposed irrigated landscape area, as defined in this section.
means an inline device installed at the irrigation supply point that measures the flow of the water into the irrigation system and is connected to a totalizer to record water use.
means any entity, including a public agency, city, county, district or private water company that provides retail water service.
means the construction of a new building or structure containing a landscape or other new land improvement, such as a park, playground, or greenbelt without an associated building.
means landscapes in commercial, institutional, and public settings that may have areas designated for recreation or public assembly.
means the irrigation water which is delivered beyond the target area.
means the upper limit of annual applied water purchased from the local water purveyor for the parcel as specified in subsection (c) of this section, "Parcel Water Budget."
means an authorizing document issued by local agencies for the installation of new or rehabilitated landscapes.
means any surface or material that allows the passage of water through the material and into the underlying soil.
is a factor, when multiplied by ETo, estimates the amount of water needed by plants. The plant factor range for very low water use plants is 0.0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0.
means the individual or entity requesting a permit or plan check from the Town. A project applicant may be the property owner or designee.
means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month or year and is an estimate of the evapotranspiration of a large field of four to seven inch tall, cool season grass that is well watered. The ETo for Los Altos Hills, based on the state's reference evapotranspiration table, is 43.0.
means any re-landscaping project that requires a building or site development permit.
means water which is not absorbed by the soil or landscape to which it is applied and flows from the irrigated landscape area.
means an area of the landscape dedicated solely to edible plants, recreation areas, areas irrigated with recycled water, or water features using recycled water.
means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm-season grasses.
means a plant species identified as having a very low or low plant factor.
means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features are included in the high water use hydrozone of the landscape area. Constructed wetlands that are not irrigated and stormwater retention basins are not water features.
means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources in 2014.
(c)
Parcel Water Budget. All properties shall calculate a parcel water budget (PWB) upon submittal of a Site Development Permit. The PWB is calculated using the following equation:
PWB = [(1.0-slope)(0.8)(43.0)(0.62)[0.55 x (An-MDA) + (0.45 x SLA)] / 748] + 120
Where:
PWB = Parcel water budget (units per year)
Slope = Average slope of the parcel or lot as a percentage of 1.0 to the nearest hundredth
0.8 = Water conservation factor
43.0 = Reference evapotranspiration (ETo) in Los Altos Hills, in inches/year
0.62 = Conversion factor (to gallons)
0.55 = ET adjustment factor (ETAF)
An = Net lot area (square feet)
MDA = Maximum development area. The maximum development area (in square feet) allowed for the property.
0.45 = Additional water allowance for SLA
SLA = Special landscape area (square feet)
748 = Number of gallons in a unit (100 cubic feet) of water
120 = Number of units for indoor water use per property per year, or as may be modified by the Planning Director upon a demonstration of difficulty or unnecessary hardship pursuant to subsection (v). Note: Not applicable if a landscape/outdoor use meter is installed.
Example PWB calculation: one-acre (43,560 sq. ft.) lot with 14% slope and 12,339 sq. ft. of MDA and no special landscape area:
PWB = [(1.0-.14)(0.8)(43.0)(0.62)[0.55 x (43,560 - 12,339) + (0.45 x 0)] / 748] + 120 = 541 units/year
The following sections shall apply to all new landscape areas equal to or greater than 500 square feet or for rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet.
(d)
Water Efficient Landscape Worksheet. A project applicant shall complete a Water Efficient Landscape Worksheet (Appendix C of the Town's Landscape Design Guidelines) for all new landscape areas of 500 square feet or greater or for rehabilitated landscape projects that are 2,500 square feet or larger. The worksheet shall conform to the requirements in the Town's Landscape Guidelines.
(e)
Soil Management Report. A soil management report shall be completed by the project applicant, or designee, and shall conform to the requirements in the Town's adopted Landscape Guidelines.
(f)
Landscape Design, Soil Preparation and Mulching Criteria. The proposed landscaping shall be carefully designed and planned for the intended function of the project. All landscape designs, soil preparation techniques and mulching practices shall conform to the requirements in the Town's adopted Landscape Guidelines.
(g)
Landscape Plan Requirements. The landscape plans shall be prepared by, and bear the signature of, a licensed landscape architect, licensed landscape contractor, or any other person authorized by the State of California to design a landscape and irrigation plan. Native species and natural vegetation shall be preserved where feasible and native, water conserving species are recommended. Landscape plans shall conform to the requirements in the Town's adopted Landscape Guidelines.
(h)
Irrigation Design Criteria. An irrigation system shall meet the requirements listed in this section and the manufacturer's recommendations. Irrigation designs shall conform to the requirements in the Town's adopted Landscape Guidelines.
(i)
Irrigation Plan Requirements. Irrigation plans shall be included with the landscape plan submittal and shall be prepared by, and bear the signature of, a licensed landscape architect, licensed landscape contractor, or any other person authorized by the State of California to design an irrigation plan. Irrigation plans shall conform to the requirements in the Town's adopted Landscape Guidelines.
(j)
Grading Design Plan. A Grading Plan, meeting current Town standards and exceeding the state requirements, shall be submitted with each landscape project.
(k)
Certificate of Completion. The certification documentation shall be prepared by the project landscape architect, irrigation designer, or landscape contractor and include the following statement: "The landscape and irrigation system has been installed as specified in the landscape design plan and complies with the criteria of the Water Efficient Landscape Ordinance and the permit." Receipt of the certification documentation will begin the 24 month period described in subsection (w) of this section.
The Certificate of Completion shall include the following six elements:
(1)
Project information sheet that contains: date, project name and address, applicant's name, telephone number and address, owner's name, telephone and mailing address;
(2)
Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package:
(3)
Irrigation scheduling parameters used to set the controller;
(4)
Landscape and irrigation maintenance schedule;
(5)
Irrigation audit report; and
(6)
Soil analysis report, if not submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations.
The project applicant shall submit the signed Certificate of Completion to the local agency for review and ensure that copies of the approved Certificate of Completion are submitted to the local water purveyor and property owner or designee. |
Upon receipt of the signed Certificate of Completion from the project applicant the Town shall approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance. |
(l)
Irrigation Scheduling. All irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall conform to the requirements in the Town's adopted Landscape Guidelines.
(m)
Landscape and Irrigation Maintenance Schedule. A regular maintenance schedule shall be submitted with the Certificate of Completion and shall conform to the requirements in the Town's adopted Landscape Guidelines.
(n)
Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. All landscape irrigation audits shall be conducted by a local agency landscape irrigation auditor or a third party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.
For new construction and rehabilitated landscape projects installed after December 1, 2015, the local agency shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Parcel Water Budget.
(o)
Recycled Water. The installation of recycled water irrigation systems shall allow for the current and future use of recycled water. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws. Landscapes using recycled water are considered special landscape areas. The ET adjustment factor for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0.
(p)
Graywater Systems. Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to subsection (a) for the applicability of this section to landscape areas less than 2,500 square feet with the estimated total water use met entirely by graywater.
(q)
Stormwater Management, Well Water and Rainwater Retention. Implement stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration. Encourage the use of stormwater for landscape irrigation. Well water and retained water does not count toward the PWB.
(r)
Public Education.
(1)
The Town shall provide information to all Planning and Building Department applicants regarding the design, installation, management, and maintenance of water efficient landscapes.
(2)
Starting on January 1, 2012, the Town may, in conjunction with water purveyors, develop and administer a voluntary program to audit water usage for existing landscapes.
(s)
Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. This subsection shall apply to all existing landscapes using water from a local purveyor that were installed before December 1, 2015 and are over one acre in size.
(1)
For all landscapes that have a water meter, the local agency shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Parcel Water Budget for existing landscapes.
(2)
For all landscapes that do not have a meter, the local agency shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.
(3)
All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.
(t)
Water Waste Prevention. Runoff is prohibited from leaving the target landscape area due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures.
Restrictions regarding overspray and runoff may be modified if:
(u)
Reporting. The Planning Department shall report to the Department of Water Resources by December 31, 2015 and then report annually by January 31st of each subsequent year.
The report shall address the following:
(1)
State that the Town is adopting a single agency ordinance and the date of adoption or anticipated date of adoption;
(2)
State that the Town is using a locally modified Water Efficient Landscape Ordinance (WELO), explain any differences between the Town's WELO and the State's Model Water Efficient Landscape Ordinance (MWELO), identify that the Town's WELO is it at least as efficient as MWELO, and specify any exemptions;
(3)
State the entity responsible for implementing the ordinance. State number and types of projects subject to the ordinance during the specified reporting period;
(4)
State the total area (in square feet or acres) subject to the ordinance over the reporting period, if available;
(5)
Provide the number of new housing starts, new commercial projects, and landscape retrofits during the reporting period;
(6)
Describe the procedure for review of projects subject to the ordinance;
(7)
Describe actions taken to verify compliance;
(8)
Describe enforcement measures;
(9)
Explain challenges to implementing and enforcing the ordinance; and
(10)
Describe educational and other needs to properly apply the ordinance.
(v)
Exceptions. The Planning Director shall have the discretion to grant exceptions to the 120 unit allocation for yearly indoor water use in cases where, due to exceptional conditions involved, a literal enforcement of the provisions of this section would result in practical difficulties or unnecessary hardships; provided, however, no such exceptions shall be granted unless the Planning Director shall find that the granting of such exception will not be contrary to the intent of the provisions of this section.
(w)
Deposit Required—Forfeiture of Deposit. Anyone who is subject to the requirements of this article shall submit a deposit or other security deemed satisfactory by the Planning Director. Two years after the certificate of completion is filed with the Town for any landscaping project subject to the provisions herein, the property owner shall furnish to the Town the second year (months 13 through 24 following receipt of the certificate of completion) of water use and billing data from the subject property's water purveyor. If the site water usage exceeds the calculated PWB, the deposit shall be held for an additional 12 months. At the end of the additional 12 month period, the property owner shall provide the Town with the previous 12 months (month 25 through 36) of water use and billing data from the subject property's water purveyor. If the water usage still exceeds the estimated PWB, the deposit shall be forfeited to the Town, in full. All Town staff time and materials expended to ensure compliance with this section will be deducted from the deposit. Any remaining amounts from a forfeited deposit shall be utilized to further the purposes of this section.
(§ 1, Ord. 520, eff. October 16, 2010; § 1, Ord. 560, eff. January 16, 2016)
§ 10-2.901 Tennis and other recreation courts.
(a)
Grading. Grading for tennis courts and other recreation courts shall not exceed six feet of fill or 12 feet of cut and fill. A site development application for a tennis or other recreation court which proposes grading in excess of the limits in this article may be approved by the Planning Commission upon finding that the excess cut or fill,
(b)
Screening. Recreation courts shall be landscaped and screened so as to be unobtrusive from off-site. The structure will not be permitted unless this screening can be accomplished without interfering with the function of the structure.
(c)
Color. All surfaces and retaining walls shall be colored in natural tones and screened as appropriate so that the court is not conspicuous when viewed from off-site.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.1001 Purpose.
The purposes of this article are: (1) to assure that outdoor lighting, both on the exterior of structures and along walkways, driveways, and landscape features, maintains the openness and quiet atmosphere of the Town and minimizes excessive use of energy; (2) to provide lighting for safety and adequate lighting for the enjoyment of outdoor use areas, such as around patios and pools; and (3) to prevent lighting which is intrusive and which imposes on the privacy and quiet enjoyment of neighboring properties.
(§ 1, Ord. 390, eff. November 14, 1997; § 2, Ord. 551, eff. November 16, 2014)
§ 10-2.1002 Recreation courts.
No artificial lighting shall be permitted for tennis and other recreation courts, except as provided for in Section 10-1.703(n).
(§ 15, Ord. 299, eff. December 11, 1995; § 1, Ord. 390, eff. November 14, 1997; § 2, Ord. 551, eff. November 16, 2014)
§ 10-2.1003 Swimming pools and spas.
Artificial lighting of swimming pools and spas shall be permitted only under the following conditions:
(a)
Lights are placed beneath the surface of the water in the pool or spa to illuminate the water.
(b)
Other exterior lights used to illuminate the surrounding area use the minimum number and wattage of lighting which will safely illuminate the area.
(c)
No direct light is cast beyond the immediate area of the pool or spa.
(§ 15, Ord. 299, eff. December 11, 1985; § 1, Ord. 390, eff. November 14, 1997; § 2, Ord. 551, eff. November 16, 2014)
§ 10-2.1004 High intensity lighting prohibited.
High intensity discharge lighting, such as mercury vapor, high and low pressure sodium, and metal halide lighting, is prohibited, except as provided for in Section 10-1.703(n).
(§ 1, Ord. 390, eff. November 14, 1997; § 2, Ord. 551, eff. November 16, 2014)
§ 10-2.1005 Outdoor lighting-General.
Outdoor lighting should use the minimum number and wattage lights which will safely illuminate the area. Outdoor light sources shall be shielded so as not to be directly visible from off-site. No more than two lights shall be allowed in setback areas (as defined in Chapter 2 (Zoning) of the Town of Los Altos Hills Municipal Code). Additional lighting may be permitted where it is determined to be necessary to safely illuminate the area or as permitted by Section 10-1.703(n).
(§ 15, Ord. 299, eff. December 11, 1985; § 1, Ord. 390, eff. November 14, 1997; § 2, Ord. 551, eff. November 16, 2014)
§ 10-2.1101 Purpose.
The purposes of this article are to insure that driveways are designed and constructed to provide adequate sight distances; to allow for emergency access; to be unobtrusive from off-site; to limit the removal of trees and environmental damage; and to insure that while minimizing impermeable surfacing, sufficient off-street parking is provided on each site to meet the needs of the occupants, their guests, and service vehicles.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.1102 Driveway location and construction.
(a)
Driveways shall enter the fronting road or street in such a manner as to provide safe sight distance and ease of ingress and egress, and shall be brought to the road or street at an angle as near a right angle as safety and physical features permit.
(b)
Natural slope and topography shall be retained whenever safely possible.
(c)
Where the driveway is in an embankment, culverts and embankment protectors shall be used to convey the runoff or other drainage to proper disposal channels.
(d)
Intersections of driveways and pathways shall be surfaced in a manner approved by the City Engineer to minimize the danger of slipping by pedestrians or horses.
(e)
An encroachment permit shall be required for work to be done in the public right-of-way.
(f)
The horizontal alignment of the driveway shall be adequate for safe and convenient travel.
(g)
Driveways shall meet all standards for width, vertical clearance, grade, surface, weight, turning radius, turnouts, turnabouts and all other requirements as established by the Santa Clara County Fire Department except that driveway width shall be a minimum of 12 feet and a maximum of 14 feet (excluding parking and back-up areas). Where the placement of a driveway would require the removal of a tree, that tree may be allowed to encroach on the driveway width provided there is at least 10 feet of clearance and that the Fire Department does not object.
(h)
Driveways shall not be located within 10 feet of any property line except as necessary for site access and common driveways and as approved by the Site Development Authority.
(§ 15, Ord. 299, eff. December 11, 1985; § 1, Ord. 422, eff. October 19, 2002)
§ 10-2.1201 Purpose.
The purpose of this article is to insure that the minimum design standards for road or driveway rights-of-way are satisfied for those lots created prior to January 1, 1973.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.1202 Right-of-way dedication.
Whenever a site development permit is requested for a lot which was created prior to January 1, 1973, and where the driveway or contiguous road rights-of-way are substandard, the Planning Director or Planning Commission may require dedication of a right-of-way of sufficient width to conform to current Town standards.
(§ 15, Ord. 299, eff. December 11, 1985; § 8, Ord. 384, eff. October 18, 1996)
§ 10-2.1301 Administration and enforcement officials.
Except as otherwise provided in this chapter, the City Manager, City Clerk, Planning Director, or other designated public official shall administer and enforce the provisions of this chapter.
(§ 15, Ord. 299, eff. December 11, 1985; § 9, Ord. 384, eff. October 18, 1996)
§ 10-2.1302 Permits.
No structure or accessory structure for which A Building Permit is required by the Building Code shall be erected or altered until a permit therefor has been issued by the Building Inspector or other person designated by the Council. All applications and fees for such permits shall be in accordance with the requirements of this chapter and other laws, and no Building Permit shall be issued for any building where the construction, addition, or alteration would violate the provisions of this chapter or other laws.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.1303 Zoning and site development permits-Applications-Accompanying data.
Each application for a zoning or site development permit shall be made by the owner of the property, or an authorized agent, to the Planning Director on a form furnished for that purpose. To ensure the compliance with the provisions of this chapter, such application shall be accompanied by the following, unless the Planning Director finds them unnecessary.
(a)
A plot plan drawn by a civil engineer or licensed land surveyor in the number of copies required by the Planning Director showing:
(1)
The location of all property lines, dimensions of the lot, and any portions of the lot to be dedicated.
(2)
The location of existing and proposed development area as defined in Section 10-1.202, Development area.
(3)
The location of all existing and proposed streets, roadways, driveways, easements, and other rights-of-way.
(4)
The natural and existing topographic contours of the site in dashed lines and the proposed contours in solid lines. Contour intervals shall be not less than two feet where slopes are predominately 5% or less than five feet where slopes are predominately steeper than 5%. Ninety percent of all contours shall be accurate within one-half contour interval, and all contours shall be accurate within one contour interval. The source of topographical information shall be indicated. The civil engineer shall present slope calculations and shall certify as to the accuracy of the existing and proposed contour lines.
(5)
The location of all wells, drainage channels, and the location of intermittent and permanent springs, culverts, and other drainage structures.
(6)
Calculations regarding the total volume of cut and fill resulting from proposed grading operations.
(7)
The area of the subject lot in gross and net acreage, and the foundation type for any existing or proposed building. Each lot shall contain a circle having a diameter of 160 feet inscribed totally within its net area.
(8)
Architectural elevations showing all sides of structures and other angles as necessary to demonstrate conformance with height limitations.
(9)
Location, dimension, and character of all existing and proposed easements.
(10)
County Environmental Health approval for all lots using private septic tank.
(b)
The following information as required by the Planning Director:
(1)
The details of any proposed drainage, structures, cribbing, terraces, and/or surface protection, not including vegetative cover, required as a result of grading and required for the support of adjoining property.
(2)
Grading specifications.
(3)
Profiles.
(4)
Drainage calculations.
(5)
Soils data, including a report from a registered soils engineer and/or an engineering geologist.
(6)
A statement of the estimated starting and completion dates for the grading work proposed and any landscape work which may be required.
(7)
An erosion control plan to keep dirt and sedimentation on the site during construction.
(8)
Detailed Landscape Plans. The plans shall show the location and size at maturity of all plants proposed to meet requirements of the purposes of this chapter and landscaping materials and shall include elevations in sufficient detail for the Site Development Authority to evaluate the adequacy of proposed landscaping in meeting the requirements of this article. The Site Development Authority may require that landscaping plans be prepared by a landscape architect licensed by the California Board of Landscape Architects.
The Planning Director shall maintain for public distribution a set of policy and administrative guidelines, approved by the City Council, to be followed by all applicants in meeting the landscape requirement of the Town.
(9)
Plans and elevations showing existing landscaping, including the location of trees larger than 20 inches in circumference as measured at four feet above the ground.
(10)
A statement by a licensed landscape architect or nursery operator regarding the length of time after planting for special maintenance normally required to produce the specified percentage of plan coverage on the slopes in the slope control areas, and the additional length of time, without any special maintenance, normally required to produce a coverage of permanent planting which will control erosion.
(11)
Details of all items and features pertaining to site preservation and improvements, such as retaining walls and tree wells, and details not shown on other plans accompanying the application.
(12)
The location of all stakes and monuments which indicate property boundaries.
(c)
Such other information as shall be required by the Site Development Authority.
(d)
For lots created prior to 1973 that are presently vacant, or where an increase in floor area of 25% or more is proposed for any existing structures, the following information shall also be required. The Site Development Authority may waive any of these requirements if evidence is provided indicating they are unnecessary. In addition, the following items may be required for applications where an increase of less than 25% floor area is proposed, if such items are deemed necessary.
On the map:
(1)
The name and copy of any recorded map applicable to the building site.
(2)
Date of preparation of the map, north arrow, scale and contour interval, all located in the lower right-hand corner of the map.
(3)
Assessor's Parcel Number for the lot.
(4)
A single eight and one-half (8.5) inch by 11 inch clear transparency of the Site Development Map.
(§ 15, Ord. 299, eff. December 11, 1985; § 4, Ord. 305, eff. October 3, 1986; § 10, Ord. 384, eff. October 18, 1996)
§ 10-2.1304 Applications-Reviews and consultants.
Within 30 days of receipt of a site development application or a permit application that are reviewed and considered pursuant to the procedures set forth in this chapter, the Community Development Director or designee shall determine whether the application is complete pursuant to the State Permit Streamlining Act and the Town's Application Checklist maintained by the Community Development Department. The Community Development Director or designee may retain the services of engineering geologists, soils engineers, foresters, landscape architects, or the City Attorney to advise in the review of site development applications. The costs of such services shall be borne by the applicant.
Upon receipt of a site development application, the Community Development Director or designee shall also refer such application for review to the appropriate staff and to one or more of the following Town Standing Committees: the Pathways Committee, the Open Space Committee, the History Committee, and Environmental Design and Protection Committee, as determined applicable by the Director, to provide their written comments and recommendations on the application.
The respective committees shall review and provide comments and recommendation during a noticed public meeting and shall complete such review within one meeting for each committee which shall occur no later than within 30 days from an application being determined complete by the Community Development Director pursuant to the Town's Application Checklist maintained by the Community Development Department. Notwithstanding any provisions set forth in City Council Resolution No. 90-22, review by the applicable Standing Committee shall be limited to the following: the application's conformance with applicable standards, policies, regulations, and requirements under General Plan, Municipal Code, Council-adopted policies and guidelines, and specific Objective Design Standards adopted by the Town.
(§ 15, Ord. 299, eff. December 11, 1985; § 11, Ord. 384, eff. October 18, 1996; Ord. 613, eff. 12/21/2024)
§ 10-2.1305 Applications-Action and hearings.
(a)
The Community Development Director shall consider all site development applications for projects meeting the criteria outlined in Section 10-2.301(a). The Community Development Director may issue a permit with such reasonable conditions as he or she may deem necessary to achieve the purposes of this chapter, may refer the application for hearing before the Community Development Director or the Planning Commission, or may disapprove the application for site development.
(b)
The Community Development Director shall consider all site development applications for projects meeting the definitions in Section 10-2.301(b) pursuant to a noticed hearing. The Community Development Director may issue a permit with such reasonable conditions as the Community Development Director deems necessary to achieve the purposes of this chapter, may refer the application to the Planning Commission, or may disapprove the application for site development.
Notice of the time and place of the hearing shall be posted in at least three public posting places and posted on the property adjacent to a public street or adjacent to any access road or way to the property not having public frontage. Notices of such hearings shall also be served by United States mail to the owner of the subject property, or the owner's authorized representative, to the project applicant and to each property owner whose property is within 300 feet of the exterior boundary of the property, using addresses from the latest equalized assessment roll. In lieu of using the assessment roll, the Town may require these addresses to be obtained from records of the County Assessor or Tax Collector which contain more recent information than the assessment roll. All required names and addresses shall be provided by the applicant or his or her representative at the time the site development permit application is filed. Such posting and mailing shall be completed at least 10 days prior to the date of the hearing. The notice shall state the purpose of the application, the time and place of the hearing, and a statement that all written and oral statements will be considered by the Community Development Director.
In addition to evidence presented at the hearing, the Community Development Director shall consider the recommendations of staff members and of the Pathways Committee, the Open Space Committee, the History Committee, and the Environmental Design and Protection Committee, as applicable and provided pursuant to Section 10-2.1304 in making a determination regarding the proposed project.
(c)
The Planning Commission shall review all site development applications for projects meeting the definitions in Section 10-2.301(c). The Commission may issue a permit with such reasonable conditions as it deems necessary to achieve the purposes of this chapter or the Planning Commission may disapprove the application for site development.
No permit for site development shall be granted by the Commission without a hearing having first been held thereon. Notice of the time and place of the hearing shall be posted in at least three public posting places and posted on the property adjacent to a public street or from any access road or way to property not having public frontage. Notices of such hearings shall also be served by United States mail to the owner of the subject property, or the owner's authorized representative, to the project applicant and to each property owner whose property is within 500 feet of the exterior boundary of the property, using addresses from the latest equalized assessment roll. In lieu of using the assessment roll, the Town may require these addresses to be obtained from records of the County Assessor or Tax Collector which contain more recent information than the assessment roll. All required names and addresses shall be provided by the applicant or his or her representative at the time the site development permit application is filed. Such posting and mailing shall be completed at least 10 days prior to the date of the hearing.
The notice shall state the purpose of the application, the time and place of the hearing thereon, and a statement that all written and oral statements will be considered by the Planning Commission.
(d)
Approval. The Site Development Authority shall not approve a permit for any project which does not conform with the provisions of this chapter.
(e)
The Site Development Authority shall limit its review of site development applications to elements of the proposed development which are specifically addressed by provisions in the Town's General Plan, Site Development and Zoning Codes, and Town policies adopted by the Council. Specific design and architectural features, including, but not limited to, architectural style, chimneys, window treatment and skylights, shall not be considered or altered by the Site Development Authority.
(f)
Upon any required reduction in height, floor area, or development area below the maximum allowed by the Town's Zoning Code, or upon any required increase in setbacks in excess of the minimum required by the Town's Zoning Code, the Site Development Authority must make both of the following findings:
(1)
Because of exceptional or extraordinary circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the proposed development would be injurious to adjacent property and/or the general public; and
(§ 15, Ord. 299, eff. December 11, 1985; § 3, Ord. 351, eff. May 15, 1992; §§ 12, 13, Ord. 384, eff. October 18, 1996; § 1, Ord. 400, eff. July 31, 1999; § 1, Ord. 522, eff. December 18, 2010; Ord. 613, eff. 12/21/2024)
§ 10-2.1305.1 Fast-track process.
(a)
The Planning Director may fast-track any site development application for a project specified for Planning Commission review under Section 10-2.1305(c), subject to the Planning Director's determination that:
(1)
The project conforms to the Town's General Plan, Zoning and Site Development Codes, Town policies adopted by the Council and subdivision conditions, where applicable; and
(2)
The project would not require approval of a variance or a conditional development permit; and
(3)
There is no substantive neighborhood opposition to the project ("substantive" is not based on the number of neighbors objecting); however, new residences that score 14 or fewer points on the Town's Fast Track Guide for New Residences (Fast Track Guide) checklist and meet the other requirements of subsection (a) of this section, shall be eligible for the fast track process, regardless of neighborhood opposition; and
(4)
The applicant agrees in writing to accept all of the proposed conditions of approval.
(b)
The fast-track review process shall consist of the following:
(1)
A complete application shall be filed pursuant to the provisions of Section 10-2.1303 and shall be reviewed pursuant to Section 10-2.1304. Plans shall be referred for review to the appropriate staff and to the Pathways Committee, the Open Space Committee, History Committee, and the Environmental Design and Protection Committee, in accordance with Section 10-2.1304.
(2)
For a new residence project, the Community Development Director or designee shall determine the project's eligibility for the fast-track process using the Fast Track Guide checklist. Only projects that score 14 points or less shall be eligible for the fast track process. The Fast Track Guide checklist, or a project's conformance with the
Fast Track Guide checklist, shall not provide the basis for the Site Development Authority's approval, conditional approval, or disapproval of a project.
(3)
Upon the Community Development Director's determination that the application is complete, the applicant shall install story poles at the site to represent an outline of the size and height of the proposed project.
(4)
Upon installation of the story poles to the satisfaction of the Community Development Director, notice of a site development hearing shall be mailed to all owners of property located within 500 feet from the subject property, pursuant to the notice provisions of Section 10-2.1305(c) and to members of the Planning Commission.
(5)
The Community Development Director shall set a site development hearing for the proposed project to be held not sooner than 10 days after notice is mailed. The hearing shall take place at the date and time specified in the notice, but the Director shall make every effort to accommodate the schedules of all interested parties, including continuing the day and/or time of the meeting if necessary.
(6)
Environmental Design and Protection Committee, Open Space Committee, Pathways Committee, and History Committee representatives may participate in the site development hearing and shall receive notice of the hearing on the same date that notice is mailed to property owners.
(7)
An interim staff report shall be prepared at least five days prior to the hearing, and be available for public review, outlining the project characteristics (floor area, development area, height, setbacks, materials, etc.) and its compliance with the Town's General Plan, Zoning and Site Development Codes, Town policies, and subdivision conditions, where applicable.
(8)
The hearing shall be conducted by the Community Development Director, and no other person may preside over the hearing unless so authorized by action of the City Council.
(9)
The Community Development Director shall approve the project if the Director determines that the project complies with the Town's General Plan, Zoning and Site Development Codes, Town policies and subdivision conditions, if applicable.
(10)
A final staff report shall be prepared to supplement the interim staff report with discussion of any issues raised by neighbors, committee representatives, staff, or the applicant, and to include the final conditions of approval and the applicant's signed agreement to those conditions. If opposition to the project exists, that opposition shall be noted in the final staff report along with the Community Development Director's assessment of whether the opposition is supported by facts or relevant information.
(11)
Written notice of the Community Development Director's decision shall be provided to the applicant, all property owners notified of the site development hearing, and any other parties attending or providing written comments at the hearing, and to the Planning Commission, a minimum of 10 days prior to the end of the appeal period.
(12)
The City Council may review the Community Development Director's decision in accordance with the process contained in Section 10-1.1010, with transmittal of the final staff report and notice of the decision by the City Clerk to Council to occur pursuant to such process.
(13)
Any interested party may appeal the Community Development Director's decision to the Planning Commission by filing a written notice of appeal with the City Clerk within 21 days of the Community Development Director's decision prior to its expiration pursuant to subsection (b)(14) below. A nonrefundable filing fee and deposit for services shall accompany each appeal, except that any member of the City Council or any two members of the Planning Commission may file such an appeal without payment of a fee. The appeal shall be considered at a public hearing in accordance with the provisions of Section 101.1005. A public hearing shall be set no later than 45 days after the date of the filing of the notice of appeal, unless time is waived by the appellant or project applicant.
(14)
If no appeal is made, the decision of the Community Development Director shall become final at 4:00 p.m. on the 21st day following the action.
(c)
The Planning Director shall submit an application for a project to the Planning Commission if the Director determines that:
(1)
The project does not conform to the Town's General Plan, Zoning and Site Development Codes, Town policies adopted by the Council and subdivision conditions, where applicable; or
(2)
The project is a new residence project that scores 15 points or greater on the Fast Track Guide checklist; or
(3)
The project would require approval of a variance or conditional development permit; or
(4)
There is substantive neighborhood opposition to the project ("substantive" is not based on the number of neighbors objecting); however, new residences that score 14 or fewer points on the Town's Fast Track Guide for New Residences (Fast Track Guide) checklist and meet the other requirements of subsection (a) of this section, shall be eligible for the fast track process, regardless of neighborhood opposition; or
(5)
The applicant does not agree to accept all of the proposed conditions of approval in writing; or
(6)
The project presents unique planning issues that need greater discussion.
(d)
The Planning Director's determination to fast-track or submit a project to the Planning Commission is final.
(e)
The City Council and no individual Councilmember(s) shall attempt to influence the Planning Director's determination of whether to fast-track or submit a project to the Planning Commission.
(f)
Councilmember(s) shall not appeal a fast-track project on the basis that the applicant objects to one or more condition(s) of approval.
(§ 2, Ord. 400, eff. July 31, 1999; § 2, Ord. 448, eff. June 25, 2006; § 1, Ord. 522, eff. December 18, 2010; § 2, Ord. 592, eff. April 17, 2021; Ord. 613, eff. 12/21/2024)
§ 10-2.1306 Referral to Planning Commission.
Where the Planning Director finds that the application includes unusual or complex conditions, including, but not limited to, significant amounts of soil to be moved, topography, drainage, or unstable soil conditions, the Planning Director may refer the application to the Planning Commission. When the Planning Director refers an application to the Planning Commission, the following procedures shall be followed:
(a)
Reports, Hearings, Notices. The Planning Director shall prepare a report on the application with a recommendation to the Planning Commission. The Planning Commission shall hold a hearing on the application for the proposed site development permit, and before holding such hearing, shall send notices to the same persons and in the manner prescribed in Section 10-2.1305(b) and (c).
(b)
Approval or Disapproval. Upon completion of the hearing and after the consideration of the recommendations of the Planning Director, the Planning Commission shall approve the application with such reasonable conditions as it may deem necessary to achieve the objectives of this chapter or disapprove the application for the site development.
(c)
Automatic Approval. Failure of the Planning Commission to make a determination upon the approval, conditional approval, or disapproval of the application for a site development permit within 60 days after the motion for referral shall constitute an approval of the application, unless such time is extended with the consent of the applicant.
(§ 15, Ord. 299, eff. December 11, 1985; § 14, Ord. 384, eff. October 18, 1996)
§ 10-2.1307 Issuance-Distribution of copies.
Upon the approval of a site development permit application, the stamp of approval of the Site Development Authority shall be placed on the approved plot plan. All conditions of the approval shall also be placed on each copy of the approved plot plan. One copy shall be given to the applicant, and one copy shall be retained in the records of the Town. The site development permit shall consist of an approved plan as approved by the Site Development Authority which provides the approved activity(ies), and any conditions imposed by the Site Development Authority.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.1308 Revocation.
(a)
Stop Work Order. The Planning Director or designee is authorized to issue a stop work order upon detection of any violation of this chapter. The stop work order shall be on a form approved by the Planning Director and shall be posted in a conspicuous place on the project site. All work specified in the order shall cease immediately upon posting of the stop work order, except that the Planning Director or designee may authorize additional work necessary to prevent any imminent health or safety threat from the incomplete project.
(b)
Revocation Authority. The Planning Commission shall revoke or suspend the site development or zoning permit if the person holding the permit: violates the terms of the permit, or conducts or carries on site development in such a manner as to materially affect the health, safety or welfare of persons residing or working in the neighborhood of the property of the permittee; or conducts or carries on site development so that it is materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.
(c)
Hearings—Notices. No site development or zoning permit shall be permanently revoked or suspended until a hearing is held by the Planning Commission. A written notice of such hearing shall be served upon the permittee, either personally or by registered mail, and shall state:
(d)
Hearings—Determinations. At any such hearing, the permittee shall be given an opportunity to be heard, and may call witnesses and present evidence on his or her behalf. Upon the conclusion of the hearing, the Planning Commission shall determine whether the permit shall be suspended or revoked. In the event the determination is to suspend or revoke the permit, the permittee may appeal the decision to the Council as set forth in Section 10-1.1009.
(§ 15, Ord. 299, eff. December 11, 1985; § 15, Ord. 384, eff. October 18, 1996)
§ 10-2.1309 Expiration.
Every site development and zoning permit shall expire by limitation and become null and void if the work authorized by such permit has not been commenced within one calendar year or has not been completed within two years from the date of its issuance. When zoning and site development permits are issued for the same project, the date of expiration of the zoning permit shall be the same date as that of the site development permit. The Planning Director or designee may, if the permittee presents satisfactory evidence that unusual difficulties have prevented work being started or completed within the specified time limits, grant a reasonable extension of time if a written application is made before the expiration date of the permit. The City Council may grant a reasonable extension of time if a written application is made after the expiration date of the permit.
(§ 15, Ord. 299, eff. December 11, 1985; § 5, Ord. 305, eff. October 3, 1986; § 16, Ord. 384, eff. October 18, 1996)
§ 10-2.1310 Issuance of conflicting permits, licenses, and certificates.
Any permit, license, or certificate issued in conflict with the provisions of this chapter shall be null and void.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.1311 Supplemental regulations and procedures.
The Planning Commission may recommend and the Council may adopt in accordance with the provisions of this chapter and in amplification thereof such regulations and procedures as may be deemed desirable for the Town. Such regulations and procedures shall be typed or printed and kept on file with the City Clerk in the Town Hall and be available for the use of any interested party at any time during the office hours of the City Clerk.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.1312 Inspections.
(a)
Authorized. The Planning Director or designee shall make the inspections as necessary to ensure compliance with the provisions of this chapter. Where it is found by inspection that conditions are not substantially as stated or shown in the application for the site development permit, or when pathways and other easements are in jeopardy, the Planning Director, City Engineer, or designee may stop further work until approval is obtained for a revised permit conforming to the existing conditions.
(b)
Maintenance of Plans and Permits. The plans which were approved for site development and zoning, bearing the stamp of approval of the Site Development Authority shall be maintained at the site during the progress of the work.
(§ 15, Ord. 299, eff. December 11, 1985; § 17, Ord. 384, eff. October 18, 1996)
§ 10-2.1313 Effective date-Appeals-Council review of actions.
The effective date, the filing of appeals and the City Council review of actions for zoning permits and site development permits shall be set and conducted in accordance with the provisions in Sections 10-1.1008, 10-1.1009 and 10-1.1010.
(§ 15, Ord. 299, eff. December 11, 1985: § 4, Ord. 339, eff. November 3, 1990; § 4, Ord. 348, eff. August 16, 1992; § 7, Ord. 372, eff. August 19, 1994; §§ 18, 19; Ord. 384, eff. October 18, 1996; §§ 2, 3, Ord. 404, eff. December 4, 1999; § 3, Ord. 448, eff. June 25, 2006; § 2, Ord. 592, eff. April 17, 2021)
§ 10-2.1314 Fees.
(a)
There shall be paid for each site development and zoning permit a nonrefundable filing fee and deposit, the amount of which shall be fixed by Council resolution.
(b)
The Planning Director or Planning Commission may require fees, including in lieu payment, for the storm drainage assessment fund, road improvements, and pathway improvements for every lot created prior to January 1, 1973. Such amount will be as established by resolution of the City Council.
(§ 15, Ord. 299, eff. December 11, 1985; § 7, Ord. 381, eff. April 19, 1996; § 20, Ord. 384, eff. October 18, 1996)
§ 10-2.1315 Bonds.
The applicant may be required by the City Engineer to file with the City Clerk a faithful performance bond or other improvement security satisfactory to the City Attorney in an amount deemed sufficient by the City Engineer to cover all the costs of improvements as required by the provisions of this chapter: landscaping, the maintenance of landscaping for such periods as specified by the Site Development Authority, engineering, inspection fees, and incidental expenses.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.1316 Liability.
Failure of the Site Development Authority to discover violations of this chapter or to deny the site development or zoning permit shall not relieve the permittee of responsibility for the condition or damages resulting therefrom, and shall not result in the Town, or its officers or agents, being responsible for the conditions or damages resulting therefrom.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.1317 Activities prohibited.
(a)
Sales of Topsoil: Quarrying. The provisions of this chapter shall not be construed as permitting the removal of topsoil solely for resale or permitting quarrying of any nature within the Town.
(b)
Maintenance of Nuisances. The provisions of this chapter shall not be construed as authorizing any person to maintain a private or public nuisance upon his or her property, and compliance with the provisions of this chapter shall not be a defense in any action to abate such nuisance.
(§ 15, Ord. 299. eff. December 11, 1985)
§ 10-2.1318 Violations-Penalties-Fees.
(a)
Penalties. Any person violating any of the provisions of this chapter or of any permit issued pursuant to the provisions of this chapter shall be deemed guilty of misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $500 or imprisonment for a period not exceeding six months, or both.
(b)
Fees. In each case in which work for which a permit is required by the provisions of this chapter is started without obtaining such permit, the fee for such permit thereafter granted shall be 10 times the normal fee for such permit.
(§ 15, Ord. 299, eff. December 11, 1985)
§ 10-2.1401 Purpose and intent.
This article is necessary to protect the health and safety of the residents of the Town of Los Altos Hills and the surrounding region from water quality degradation caused by stormwater runoff. This article has been enacted and shall be implemented in a manner consistent with the requirements of the California Regional Water Quality Control Board applicable to the Town of Los Altos Hills. This article shall be supplemental to the requirements of Title 6, Sanitation and Health, with respect to stormwater.
(§ 2, Ord. 439, eff. October 1, 2005)
§ 10-2.1402 Definitions.
The following words and phrases whenever used in this article shall be as set forth below:
means any private or public project that results in the creation of one acre (10,000 square feet after August 15, 2006) or more of impervious surface, including, but not limited to, parking lots, roof area, streets and sidewalks. Development project shall include the issuance of a permit for building, construction, reconstruction, subdivisions or occupancy, but not a permit to operate.
An individual single-family home, which is not part of a large common plan of development, and is designed to appropriate source control measures and site design measures, shall not be deemed a development project, so long as the resulting development is consistent with the Town's obligations under the applicable NPDES permit. |
means any combination of pollutant source control measures, site design measures, using landscaping to appropriately treat runoff from roof and house-associated impervious surfaces, and/or post-construction stormwater treatment measures that reduce stormwater pollution to the maximum extent practicable as required by Order No. 01-119 in the NPDES Permit No. CAS029718 issued by the California Regional Water Quality Control Board, San Francisco Bay Region, as it may be amended from time to time. The design and implementation of the PSPPM must be in accordance with the guidelines and technical specification approved by the Town or other Town-approved authority and the requirements of Order No. 01-119.
mean any project design feature that reduce stormwater pollution by decreasing or slowing stormwater runoff or intercepting the flow of runoff across a series of contiguous impervious surfaces.
mean any project design features that aim to prevent stormwater pollution by eliminating or reducing the potential for contamination at the source of pollution.
(§ 2, Ord. 439, eff. October 1, 2005)
§ 10-2.1403 Permanent stormwater pollution prevention measures required.
(a)
All development projects shall include permanent stormwater pollution measures in order to reduce water quality impacts of stormwater runoff from the entire site for the life of the project.
(b)
All plans and construction are subject to the inspection and approval by the City Engineer.
(c)
No final building or occupancy permit shall be issued without the written certification of the City Engineer that the requirements of this article have been satisfied. Such certification shall be in the form prescribed by the City Engineer and shall not be issued without payment of all applicable fees, which may be imposed for administration of this article.
(§ 2, Ord. 439, eff. October 1, 2005)