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HomeMy WebLinkAboutRESO 4101RESOLUTION NO . 4101 RESOLUTICN OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING A PLAN AND PROGRAM FOR SKYLINE BOULEVARD AND REQUESTING THE STATE OF CALIFORNIA TO DESIGNATE SAME AS AN OFFICIAL STATE SCENIC HIGHWAY WHEREAS, the Council of the City of Palo Alto by its Re solution No. 3909, adopted July 18, 1966, req uest ed the District Engineer, State Division of Highways, to initiate a study fo r the pu rpose of establishing Skyline Boule vard as an Offic ial State Sce nic Highway; and WHEREAS, the Distr ict Engineer, Stat e Divisi on of High- ways, has pre pared a nd submitted on June 26, 1967 "The Sc enic Highway Corr idor Survey and the Highway Facility Study on Sta te Highwa ys 4-SM, SC1-35 in San Mateo, Santa Cla ra and Santa Cr uz Counties betwee n Route 9 at Sara toga Gap and Ro ute 92" to the City of Pa lo Alto for use in the prepar ation of a scenic corr idor protection plan; and WHEREAS, the City of Palo Alto has pre par ed a re port en- titled "Skyline Scenic Highway, Plan and Pr ogram for Corr idor Protec tio n" in acc ordance with "THE SCENIC ROUTE/ A Gu ide for the Designation of an Official Scenic Highwa y" for the purpose of designating Skyline Bo ulevard as an Official State Scenic Highway; and WHEREAS, said report is in the form of an applic atio n to the: Sta te of Califo rnia for Scenic Highwa y Designa tion of Skyline Boulevard; and WHEREAS, th e City of Palo Alto d esi res to qualify Skyline 3oulevard as an Official Stat e Sc enic Highway . NOW, THEREFORE, th e Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The Co uncil of th e City of Palo Alto d oes ap prove the application for Scenic Highway Design ati on entitl ed "Skyline Scenic Highway, Pla n and P rogr am for Co rridor Protecti on." SECTION 2. The State of Calif orni a Ad visory C ommittee v►. the Ma ster Pla n for Scenic Highways is h ereby requested to t ake fa vorable action on the pro posed corridor plan and its p rogr am for protec tio n for official Sta te Scenic Highway Lesignation of Skyline. SECTION 3. The City Clerk is hereby direct ed to forwa rd a c opy of this Resolutio n to gether with co pies of th e repo rt, "Skyline Scenic Highwa y, Plan a nd Progra m for Corridor Protec- tion" to the District Engine er of the State Division of Highw ays . It1TRODUCED AND PASSED: March 18, 1968 AYES:Bea hr s, Berwald, Clark, Comstock, Coole y, Dias, Ga llagher, Pearson, Spae th NOES: None A BSENT:A rnold, Wheatle y ATTE :+ : APPROVED, ty APPROVE AS TO FORM: 4(ttorne t Y Y M ayor r 1 i 1 1 0 SKYLINE SCENIC -HIGHWAY Plan and Pr ogram for Corrid or Protectio n A pplic atio n fo r State Scenic Highway Status Subcitte d to the Adviso ry Comm ittee On A Master Plan for Scenic Highwa ys City of Palo Alto March, 1968 TABLE OF CONTENTS INTRODUCTION PLAN AND PROGRAM, CITY OF PALO ALTO EXHIBITS: "A" - MAP - SCENIC CORRIDOR AND ZONING "B" - RESOLUTION INITIATING STUDY "C" - EXCERPTS - PALO ALTO GENERAL PLAN ".7" - EXCERPTS - PALO ALTO MUNICIPAL CODE "E" - EXCERPTS - PALO A LTO MUNICIPAL CODE "F" - EXCERPTS - PALO ALTO MUNICIPAL CODE "G" - EXCERPTS - PALO ALTO MUNICIPAL CODE "H" - EXCERPTS - PALO ALTO MUNICIPAL CODE - ZONING - SIGNS - UNDERGROUND UTILITIEe - EXCAVATIONS, GRADING & FILLS PAGE ii 1 4 7 8 15 22 25 - SUBDIVISIONS 32 PROPOSED STATE SCENIC HIGHWAY SKYLINE BOULEVARD/CITY OF PALO ALTO INTRODUCTION This document comprises an application by th e City 0 Pal o Alto fo r the designation of Skyline Boulevard (betw ee n th e S an Mateo County line an d the southe rnmost City limits of P alo Alto) as an Offici al State Scenic Highwa y. Skyline Boulevard is one of the prime traffic"f acilit3 ;. having sonic value in the area and has attr acted the public to enjoy its various views and vistas for ma ny yea rs. Since the 1950's, the thr ee jur isdictions of S an Mateo County, Sant a Clar a. County and the City and County of San Francisco hav e work ed jointly, although unsuccessfully to date, to achieve national park- wa y sta tus for Skyline Boulevard. More recently, studies ms+d e unde r the authority of the Califo rnia Parkwa y Act and the Nati onal C alif- ornia Coasta l Scenic Re dwood Road Ac t have also emphasized th e impor tan ce of perma nently protecting the scenic attractiveness of ibis ar ea. Palo Alto rec ognizes that the ro ute is more th an a loc al road a nd believes tha t pro tection of the Skyline ar ea is ess ential. In order to comple te the procedure s nec essa ry to make Skyline B oule- var d an official state scenic highway, Palo Alto has re viewed existing pla ns, ordinances and policie s in the light of. the requirements stated in The Scenic Ro ute. It is believed that the pre se nt program of pro- tection along Skyline Bo ule vard is adequate to meet the standards of the Sta te Advisory Committe e on a Master Plan fo r Scenic Highways. Since these measures ar e alre ady in e ffect, it is pro posed tha t the State give concurre nt cons ideration and approval of the corr idor plan and the pro gram of protection for Scenic Highway s tatus. The plans, o rdinances and policy sta te ments which control deve lo pment in the Skyline area are attached. Also attac hed is -a ma p showing the precise plan of the scenic co rr idor. This co rridor is almo st identical with the one shown in the Scenic Highway Co rrido r Surve y.: Skyline Bou levard, which encompasses the sce nic ele ments adja cent to Skyline Bou levar d. It has be en pr ecised to fo llow the line of Montebe llo Ridge. SKYLINE SCENIC HIGHWAY PLAN AND PROGRAM FOR CORRIDOR PROTECTION CITY OF PALO ALTO In acc ordance with the di rectives of THE SCENIC ROUTE/A Guid e for the Designation of an Offici al Scenic Highway, the City of Palo Alto herewith submits the following exhib5.ts as its pre cise plan and its plan and program of prote ction fo r the proposed Skylin e Scenic Highwa y: (The Ar abic figures preceding each exhibit refer to the applicable section of THE SCENIC ROUTE .) I. Precise Plan: 3.0 Exhibit "A" - Scenic Corridor Map . This map delimits those areas of the City of Palo Alto which are of sc enic value as viewed from Skyline Boulev ard. It con- fo rms to the "Cr iteria for Corrid or Delineation" set forth in THE SCENIC ROUTE. II. Progra m of Standards and Pro tective Measures: 2.1.5 Exhibit "B" - Resolution No. 3909, July 18, 1966. Th is restitution declares the C ouncil's suppor t for the designation of Skyline Boule- vard as a Scenic Highway and re quests the District Engineer, State Division of High- wa ys, to initiate the ne cessa ry c or ridor survey. 4. 1 Exhibit "C" - Excarpts fro m the Pai^,Alto Gener al Pla n. These excerpts indicate Palo Alto's officia l policy to see k high standa rds of deve lo pme nt, open space, recreatio n fac ilities, and de signates Skyline Boule vard. as a "parkway". 4.2 Exhibit " 0" - Excerpts fro m the Palo Alto Munic ipal Co de, Title 18, Zoning. The area within the Proposed Sce nic Corridor is zone d for lo w density single-family dwellings (R-E:A - minimu m lot areas of one acre) fo r agricultura l an d co nserva tion uses. (A -C minimum lot area 5 acres. ) In addition, -1- the p ortion of Santa Clar a County's Steven - Creek Park which is in Palo Alto is zoned P -F (Public F acility). 4.3 Exhibit "E" - Exc erpts fr om the Palo Alto Municipal Code, Chapt er 16.20, Signs. No off -p remise advertising is allowed a nd per- mitted signing is s everely restricted . 4. 4 Exhibit "F" - E xcerpts f rom P al o Alto Municipal Co de, Chapter 12 .16, Underground Utilities. The regulations r equire that all facilities and wires used in supplying utiliti es or associat ed ser vice in the City aft er July 1, 1.965 shall be placed underground . 4.5 Exhibit "G" - Excerpts f rom Palo Alt o Muni cipal 4. 6 Co de , Chapter 16. 28, Excavations, G rading a nd Fills. T he regula tio ns require a g rading p ermit for all excava tions or fill in exc ess of one hundred c ubic yards and an exca vation three feet or more be low or a fill three fe et or more above a two (horizontal) to one (vertica l) desc en ding slope from any prop erty line. Gra ding of prospective subdivisions or parcels which invo lve s mor e tha n twenty th-susand cubic yar ds of excav ation or fill is to be investiga ted by the City Planning Officer . The regulations further r equire that "all exposed fill slo pe s shall be protected immediately upon completion with landscap ing or othe r erosion con trol de vice s." The natural cov er of any watershe d ma y not be remov od exc ept by order of the Fire Marshal or for immediate use a nd occupancy in acco rdance with a pplicable provisions of the Zoning Or di- nance or BuildinCode. -2- 4.7 Exhibit "H" - Excerpts fr om Palo Alto Municipal Code, Title 21, Subdivisi ons. Pr ovides control of the layout and -design of subdivisions. Requires s ervice ro ad for residential l ots f ront- ing on a stat e highw ay or dedic atio n and improve- ment of a pl anting strip. " J'7iT ^ rA • t _i•rli041:„. s Ci4. ...10,-. .- f-, i. z b '1i�J:, ' ,.! � `...• ' (� .., L"� \ /-r'^; R� Cw , eiw ♦.v # ...a sv� ri .,-.� w .+• IA'.,,.a..L�Y:.a,L '1.il i, 1 4:. 4r w - +v — — — — — — as NO r +mot — — M NM EXHIBIT "B" RESOLUTION NO. 3909 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO REQUESTING THE DISTRICT ENGINEER, STATE DIVISION Or HIGHWAYS, TO INITIATE A STUDY FOR THE PURPOSE OF ESTABLISHING SKYLINE BOULEVARD AS AN OFFICIAL STATE SCENIC HIGHWAY WHEREAS, the Planning Department of the City of Palo Alt o has been stu dying the land topography and scenic char acteristics of Skyline Boule var d locat ed within th e City boundary; and WHEREAS, the Palo Alto General Plan designates Skyline Boulevar d as a State Pa rkway and th e M aster Plan for the St ate Scenic Highwayc System deems Skyline B ouleva rd eligible to be- co me a. "Official Scenic Highway"; and WHEREAS, Sectien 2.1.5 of "The Scenic Route / A Guid e For The Designation Of An Official Sc enic Highway", published by the Department of Public Works, Transportation Agency, State of California, states "When the local jurisdictio n intends to con duct a study toward officially qualifying a scenic highway, the lo cal governing body should no tify the District Engineer who sha ll then a ssist the jurisdiction in carr ying out the study . . ." NOW THEREFORE, the Cou ncil of the City of Palo Alto does he re by RESOLVE as fo llows:' SECTION 1. That it favors the designation of Skyline Bou leva rd (State Route No. 35) as a Scenic Highway pursuant to Streets and Highway Co de, Article 2.5. SECTION 2. Tha t the City of Palo Alto sha ll collaborate with the Sta te Division of Highways and such other -appropriate -5- agencies in order to achieve a Scenic Highw ay as e xpr essed in the law. PASSED: July 18, 1966 by un anim ous vote . gl.CaRx ABSENT: Dias, Flint, Woodwa rd. ATTEST: C y e rk APPROVED AS TO FORM: 7rfr-6_12--/ ty Attorney Q,�v.-I" APPROVED: anning par tmen t APPROVED: Engineering Depa rtment APPROVED: __,_dc,;.( 6.46 Vice layor -6- . EXHIBIT "C" 1 1 1 1 i 1 1 Exc erpts From The Palo Alt o Gene ral Pl an A. Goals a nd Objectives: (pp. 2-4) 1. "To establish and maintain standards that will gu ar antee the highest quality in all residenti al, c omme rcial, industrial, and other types of developme nt with the City ." 2. " To reta in o pen areas so f ar as is reaso nable and compatible with development requi reme nts and economic wisdom." 3. "To preserve an d continue development of Pal o Alt o's p arks, la ndscaped areas, and recreational faciliti es." B. Foo thills: (p. 50) "The General Plan indicates approximately 7,000 ac res of the foothills at an o vera ll den sity of 1 dwelling unit/2 acres . This low density will permit limited develo pment and will pr ovid e pro tec tion to the wa tershed. Ea ch deve lopment p roposal will requ ire carefu l revie w to assure conforman ce with overall density as well as desirable design of the a rea. It is the intent of the General Plan tha t smaller lots be permitted only on gentl e slopes an d tha t 'cluster' developments be encour aged." C. Proposed Street Classification System: (pp. 71-72) 1. Defin itions - By Use : Parkway provides a scenic a nd/or inten sively la ndscaped appeara nc e to a ny of the aboi 2 stree t types, in dividually or in c ombination. 2. Classifica tion : Majo r Arter ials North -South Skyline -Parkway -State t -7- EXHIBIT "D" ;haplrr 18.111 R -E RESIDENTIAL ESTATE UItiTItl("t ' ItE ;L L:tTIONS Secti ons: 18 .10 .010 Reg ulations established . 18.10.020 Uses permitted. 18.10.030 Use s req uiring use permits. 18.10.040 Lot area. 18.10.050 Lot width. 18.10.060 Maximum building coverage . 18. 10.070 Front yard. 18.10.080 Side yard. - 18.10.090 Rear yard. 18. 10. 100 Automobile parking. 18.10.110 Building height limit. i8.10. 010 R egulations established. The f ollowi ng specific regulatio ns and the general ru les set forth in Chapter 18 .88 shall apply in all R -E districts. (Ord. 1324 ; 5.01, as amended by Ord . 1382 February 11, 1952) . 18.10.020 U. pe rmitted. The following use s shall be permitted in the R -E District: (a ) O ne family dwelling, in clu din g servants' quarters with kitchen, private garages, guest cottages, accessory buildings and uses, and home o ccupations. (b) Agricultura l u ses includin g horticulture and nurseries b ut not inclu ding the raising of rabbits, dogs, fowl, or o ther anim als for c ommer- cial purpo ses, or the sale of any produ cts at retail on the premises. (el Private stables, barns. ^hicken houses and similar accessory buildings sh?ll be not less than forty feet from an y property Iine a nd any dwellin g. (d) Priva te golf courses. (Ord. 1324 § 5.02, as amended by Ord. 1382 February 11, 1952. O rd. 1717 October 8, 1956, an d Ord. 1834 Feb- ruary 9, 19591. 18.10. 030 Use s . 'quiring u se permits. The following uses shall require use permits as prov ided in Chapter 18.90 of this title: (a) Priv ate schools which offer instructions in the several branches of learning and s tudy r equired to be tau ght in the public schools by the Education Co de of the state of Califo rnia, nursery schools, da y care centers acid priv ate nonpro fit recreatio n areas. (b) Country clubs. (c) Private ho spita ls, rest an d conv alescent ho mes for human be- ings. (dl Churches and religious institutions. (e) Cemeteries. (f) Temporary real estate offices, co nstruction yards and sheds. (Ord. 1324 § 5. 03. as amended by O rd. 1382 February 11, 1952, Ord. 1542 May 10, 1954, Ord. 1717 October 8, 1956, and Ord. 1989 January 9, 19611. -8- 18.10.0-10 L ot area. Lot area in the R -E district shall be a minim'im of one acre with one primary dwelling unit per lot. ( Ord . 1324 5.11. as amended by Ord. 1426 No vember 24, .952) . 18.10 .050 Lot width . Lot width in the R -E district shall be a mi nimum of one hundred feet. (Ord. 1324: 5 .12, February 19, 1951) . 18.10.060 Maximum building coverag e. Maximum building coverage shall be twenty-five perce nt of the lot are a. ( Ord . 1324: 5 .13, February 19, 1951). 18.10.070 Front yard. Front yard in the R -E district sh all be a mi ni- mum of thirty feet. (Ord. 1324 5.14, February 19, 1951) . 18. 10.080 Side ya rd. Side yards shall t otal not less than thirty per- cent of the lot width, and no side yard may be less tha n fifteen feet . Thre e feet shall be a dde d to each required side yard for each story above the first story of a ny bu ilding. The side yard on the street side of e ach corner lo t shall be no t less than twenty-four f eet. (See also Ch apter 18.88 and for B districts see Chapter 18.78). (Ord. 1324 § 5.15, as amended by Ord. 1542 May 10, 1954) . 18.10.090 R ear ya rd. Rea r yards in the R -E district sh all be a mini- mu m of thirty feet. (Ord. 1324 ; 5.16, February 19, 1951) . 18.10.100 Automobile pa rking. T wo car spaces shall be r equired in the R -E district for each dwellin g un it, one of which shall be covered p ark- _. ing. Such spaces shall not be lo ca ted in a ny required front or side yard. At least one car space shall be requ ired fo r eac h four seats which ma y po:..ntially be provided in the main roo m of a church or religious in stitutio n. Such space ma y not be pro vided in the required front yard or in the first ten fe et of any required side yard which a buts a str eet. (Ord. 1324 5.17, as amended by Ord. 2158 Au gust 26, 1963). 18.10. 110 Building height limit. B uildin g height limit, in the R -E dis- trict shall be two and on e-half stories, but not to exce ed thirty-five feet. I Ord. 139. 4 ; 5.18, February 19, 1951) . Chapter 18.76 AGRICULTURAL DISTRICT REGULATIONS Section s: 18.76 010 18 .76 .020 18.76.030 18.76.040 Regulatio ns established. Uses permitted. Uses requiring use permits. Special yards and distances between buildings. 18.76.010 Regul ati ons established. The following regulatio ns sh all ap- ply in all districts with which are c ombined "— A" districts in addition to the regulations herei nbefore specified, and sh all be subj ect to the pr o- visions of Chapter 18.88, provided howe ver, that if any of the reg ulations specified in this section differ from any c orresponding reg ulations speci- fied in this title for any district with which a "—A" district is combined, then in such case the provisions of thi s chapter shall apply . (Ord . 1324 18.01, Febr-ary 19, 1951). 18.76. 020 Uses permitted. The following us es shall be permitted in th "—A" district: (a) A ll uses permitted in the respective dist rict with which the "—A" district is combined. (b) A nimal husbandry and liv esto ck farming, pr ovided that n ot mo re than one horse, on e mule , one cow, or one steer, nor more than three goats. three hogs, or similar livesto ck shall be kept for each half acre of are a. (c) Crop and tree farming a nd viticu lture. (d) Poultry farmin g. (e) Sale of agricuitu rr 1 pro ducts produced on the premises, pro- v ided that no co mmercial structure for su ch purpose, o ther than a tem- porary stand, shall be permitted. (Ord. 1324: 18.02, February 19, 1951). 18.76.030 Uses requ iring u se permits. The followin g uses shall require use permits as prov ided in Cha pter 18. 90: (a) D og a nd cat kennel. (b) D airy. (O rd. 1324 § 18.03, February 19, 1951). 18.76.040 Special yards and distances between buildings. Private sta bles. barns. chicken ho uses and similar ac ce3sory buildin gs sha ll be not less than forty feet fro m any proper ty line an d any dwelling unit. (Ord. 1324: 18. 04, as amended by Ord. 1834 Februa ry 9, 1959). -10- Ch apter 18.72 1-C AGRICULTURA1. CONSERVATION DISTRIC T REGI TATI ONS Sections: 18 .72.010 Purpose . 18.7 2.020 Uses permitted. 18.7 2.030 Uses req uiri 2 ,g use permits. 18.72.040 L ot area . 18.72.050 Lot width. 18.72.060 Maxim um building coverage . 18.72.070 Front yard . 18. 7 2.080 Side yard. 18. 72. 090 Rear yard. 18.72. 100 Auto mobile parki ng. 18.72.110 Buildin g height limit. 18. 72. 010 Purpose. The A -C district is intended to permit reasonable use, while at the same time encouraging the preservati on and the reten- tion of the lan d in its natu ral state. (Ord . 1324 17A.01, added by Ord. 1900 No vember 23, 1959). 18.72.020 Uses permitted. The following uses shall be permitted in the A -C district : (a) All agricu ltu ral us es except the conducting and mai nte nance of hog farms; the residence of the owner or owners or lessee or lessor of the land upon which the use is co ndu cte d, and the residence of other members of the fa mily an d of bon a fide employees of the aforementi oned. (b) Golf courses. (c) Riding academies and stables. (d) Gucst ran ches. (e) Accessory uses. (Ord. 1324 17A.02, added by Ord. 1900 No- v ember 23, 1959). 18.72.030 Uses requiring use per mits. The following uses shall require use permits as provided in Chapter 18.90: (a) Mines and quar ries provided a plan of operation shall be filed. Such plan sha ll co nta in plan s for fina l gradin g, replacement of topsoil, and planting as is appropriate in each case. 1. No commercial mine or excavation sha ll be permitte d within a distance of one thousand feet of any R residential zon e district. 2. All mining and quar ry operations shall provide adequ ate provi- sions to control natural draina ge, floo d water, and erosion, and the opera- tio ns shall be conducted in such a manner to minimize dust and noise. (Ord. 1324 a 17A.03, added by Ord. 1900 November 23, 1959). 18.72.040 Lo t area. Minimum lot a rea in the A -C district shall be five acres with no t more than one dwelling unit (as permitted in (a) of Section 18.72.020 abo ve) per acre. (Ord. 1324 ; 17A .1. 1, added by Ord. 1900 Nov ember 23, 1959) . -11- 18.`:2 .050 Lot width. Minimum lot width in the A -C district shall be two hundred fifty feet . (Ord. 1324 ? 17A .12, added by Ord. 1900 No vem- ber 23, 1959) . 18.72.060 Ma ximum building coverage. Maximum b uildi ng coverage shall be twenty-five percent of l ot area. (Ord . 1324 17 A.13, added by Ord. 1900 November 23, 1959). 18.72.070 Front yard . Front yards shall be a minimum of thirty feet. (Ord. 1324: 17A.14, added by Ord. 1900 November 23, 1959) . 18. 72. 080 Side yard. Side yards shall total not less than thirty percent of the lot width and no side yard may be less than fiftee n feet. Three feet sha ll be added to each required side yard f or each story above the first. The side yard on the street side of corner lots shall be not less than twen ty-four feet. (Ord. 1324 § 17A 15, added by Ord. 1900 Novem- ber 23, 1959) . 18. 72.090 R ear yard. Rear yard requirements shall be a minimum of thirty feet. (Ord. 1324 § 17A. 16, added by Ord. 1900 November 23, 1.959) . 18.72. 100 Automobile parking. Automobile parki ng shall be one cov- ered space per dwellin g unit. (Ord. 1324 § 17 A.17, added by Ord. 1900 November 23, 1959). 18.72.110 Buildin g height limit. 3uilding height limit shall be tw o and one-half stories, n ot to exce ed thirty-five feet. (Ord. 1324 9 17A .18, added by Ord. 1900 N ovember 23, 1959) . - 12 - Ch apter 18.32 P -F PUBLIC FACILITIES DISTRICT REGULATIONS Sections: 18.32 .010 Purpose of district . 18 .32.020 Uses permitted . 18.32.030 Uses requiring use permits. 18.32.040 Minimum lot requirements. 18.32.050 Minimum yard requirements. 18.32.060 Maximum building height and cowrage. 18.32.070 Autom obile p arking. 18. 32.010 Purpose of district. The P -F public tacilitie district is de- sign ed to accommodate go vernment al, public utility and ed ucati onal fa- cilities. (Ord. 1324: 98.01, added by Ord. 1717 October 8, 1956). 18. 32.020 Uses permitted. The f ollowing uses shall be permitted in the P -F district: (a) All facilities own ed, leased or operated by the city of Palo Alto, the cou nty of San ta Clara, the state of C alifor nia, the government of the Un ited States, the Palo Alto Un ified School District or any other dist rict. (b) P ublic or priva te colleges a nd universities and facilities inci- dental or appu rten ant thereto. (Ord. 1324 ; 9B.02, added by Ord. 1717 O ctober 8, 1956). 1832. 030 Uses requiring use permits. Uses requiring u se permits as provided in Chapter 18. 90 shall be the facilities of all public utilities as defin ed by the pu blic utilities code of the state of California and corpora- tions or o ther o rganiza tion s whose activ ities are under the jurisdiction of the F edera l Communications Commis sion or the Interstate Commerce Commis sion. (Ord. 1324: 98.03, added by Ord. 1717 October 8, 1956 and amended by Ord. 1968 A ugust 8, 1980). 18.32.040 Minimum lo t requirements. T he area an d fro ntage of the property inv olved shall be sufficient fo r the specific intended use as set fo rth in the application for rezo ning. (Ord. 1324 g 98.10, added by Or d. 1717 October 8, 1956). 18.32.05.1 Minimum yard requ irements. The minimum front, side, an d rear yards requir ed in this district shall be equal to those required in the most restrictive a butting district; except where proper ty in this district abuts property in any other district, the minimum yard required shall be the same as that required a long the same property line in the abutting district. One-half foot shall be added to each yard for each foot that the building exceeds the ma ximum height allowed in the most restrictive abutting district. (O rd. 1324 r 98.11, added by Ord. 1717 October 8, 1956). -13- 18.32.060 Maximum building height and c overage . Building height and coverage mist be such that the total fl oor area does not exceed that al- lowed in the most restrictive abutting district . (Ord. 1324: 9B .12, added by Ord. 1717 Oct ober 8, 1956). 18.32.070 Aut omobile parking. Each facility located in this district shall be pro vided with sufficient off-street parking space to satisfy the entire parki ng dem and created by such facility. (Ord. 1324 ; 9 B.13, added by Ord. 1717 October 8, 1956) . EXHIBIT "E" C hapt er 16 .20 SIGNS' Secti ons: 16.20 .010 1620.020 16.20.030 16.20.040 16.20.050 16.20.060 1620. 070 16.20.080 16. 20.090 16.20..00 16.20. 110 16. 20.120 16. 20. 130 16.20. 140 16.20.150 16. 20.160 16.20. 170 1.6.20.1&. 16.20.190 16.20. 200 1620210 16.20.220 16.20.230 16.20.240 16.20.250 16.20. 260 1620.270 16.20.280 16.20. 290 16.20. 300 16.20.310 Defi niti ons . Sign permit required . Conse nt of owner. Applic ation f or permit. Permit fee. Temporary sign permit. Issuance . Inspection . Signs for advertisi ng purposes. Exempt signs. P rohibited locatio ns. Signs in residential districts. P -C plan ned commu nity districts. Sign s on landscaped freeways. Freestan ding signs. Wall signs. Projecting sign s. Roo f signs. Special purpose signs. Combina tion of types of signs. Classification of signs. Construction an d main tenance. Amortization of nonconforming signs. R ecord of n on confo rming signs. Signs reniered no nconforming. Abatement of noncon forming signs. Manner of a batement. Mo dification of non confo rming signs . A bandon ed s igns . Uns afe and unlawful signs . Pa rking of advertising vchicles prohibited. 1&2 0.010 Definition s. The fo llowing words and phrases whe never used in this chapter shall be construed as defined in this section: (1) BUILDING FAC E. The term "building face" shall mean and in clude the genera l ou ter su rface of a main exterior wall of a buildin g. For example, a building whose plan is rectangular has fou r main ex terior walls an d fo ur bu ilding faces. (2) ERE CT. The term "erect" sha ll mea n a nd include erect, con - struct, -place, relocate, enlarge, substantially alter, attach, suspe nd, pain t, post, maintain an d display. (3) FREESTANDING SIGN. The term "freestanding sign" shall me -tun and include any sign standing on the groun d. Such sign s are usla lly, bu t not necessarily, supported from the ground by one or more poses or pos ts or similar uprights, with or without braces. 2. F or state law au thorizing cities to regulate outdoor advertising, signs and bill• boards ---See Coy . C.A. if 38774 an d 65850. -15- (4) F RON TAG E. The term "fro ntage" shall mean and i ncl ude a frontage on a public street. (5) M ARQUE E. The term "marquee" sh all mean and include any perm anent roofed struct ure attached to and supported by a building and projecting over p ublic property. (6) _ PROJECTING SIGN. The term "pr ojecting sign" shall mean and include any sign, other than a w all sign, which is suspe nded from or supported by a buildi ng or w all and which projects o utw ard therefrom. Any sign suspended under a marquee , porch, walkway covering or similar covering structure and in a pl ace appr oximately perpendic ul ar to the wall of the a djoining building shall be deemed to be a projecting sign. (7) RE SIDENTIAL DISTRICT OR Z ONE . The term "r esidential district" or "zone" shall mea n and include a ny z one which is desig nated by the prefix "R-" in the z oni ng title (Title 18), and the zo ne HD A. (8) R OOF SIGN. The term "roof sig n" shall mean and include any sign erected u po n or over th e r oof or p ar apet of a ny building, in- cluding the roof of any porch, walkway coveri ng, or similar covering stru cture, and supported by or connected to the building or ro of . (9) SHOPPING CENTER. The term "shopping center" sh all mean and include any combination of five or more separ at ely owned and o perated reta il businesses on a single or commonly owned parcel of la nd . (10) SIGN. The term "sign" shall mean and includ e a ny sig n, display board, bill, poster, picture, lithograph, map, plat, ban ner, penna nt, balloon, valance , sample, mo del, structure, or other devi ce used to an- n oun ce, declare, demonstr ate, display, advertise or attract the attention of the public, including but not limited to clocks, barber p oles a nd similar devices. (U) SIGN AREA. The term "sign area" shall mean and be deter- min ed as follows: 1. Where the letter ed or illus trated ma ter ial of a sign is pl aced !upon a sign board or other sign structur e havin g a continuous or ess en- LiZy continuous sur face or face (whether pla ne, curved, a ngulated or otherwise) , the exposed su rface or face area of such sign board or sign str ucture shall be the s ign ar ea. 2. Where the lettered or illustra tive ma terial of a sign is n ot placed as described in (1) above, but is framed either mechanically )r visually by the design or la yout of the sign itself, then the area so framed sha ll be the sign area. 3. Where the lettered or illustrative material is not plac ed or framed" h the man ner described in (1) or (2) abov e, but is co mposed either ver- tically, horizontally, diagonally or otherwise, essentially in the form of a rectangle, parallelogram, pyramid or similar geo metric figure, the area of the geometric figure within which such material could be enclosed shall be the sign area; except that when the space between the elemen ts comprising the sign exceeds 11,^ times the average s;?e of the elements themselves, the ar ea of the elements may be measured separately as provided in 4 below. 4. Where the lettere d or illu strative materia l is not placed, framed or composed as des cribed in 1, 2 or 3 above, the total area of the rec- tan gles or t,:her simple geome tric shapes within which the in dividual words, letters, illu stra tion s, or other elements comprising the sign cou ld be enclosed sha ll be the sign area. =16- (12) T EMPORAR Y SIG N. The term "temporary sign", shall mean and incl ude any sign con structed of paper, cloth, canvas, light fab- ric, cardboard, wallboard or other light material, with or without frames, and i ntended to be displayed for a short period of time only, in no event to exceed sixty days. U3) WAL L SIGN. The term "wall sign" sh all mean and i nclude any sign posted or painted o n, suspended from or otherwise affixed to the wall of any building or structure in an essentially flat positi on, or with the expos ed face of the sign in a place appro xim ately parallel to the pla ne of such wall. Any sign suspe nded from and placed approximately para- llel to the front of a canopy, porch, or similar co vering st; ;icture shall be deemed to be a wall sign. (Ord . 2104 § 34.401, August 27.1962) . 16. 20.020 Sign permit req uired. No perso n shall erect any sign upo n an y Milboard, fen ce, post, pole, tree, building or other structure, or at- tached to a standing vehicle, in the city of Palo Alto, without first ob- ta in in g a sign permit to do so from the buildi ng ufficiat and e xcept in co nfo rmity with the provisions of this chapter. (Ord . 2104 § 34.402, August 27, 1962) . 16. 20. 030 Consen t of owner. No person shall erect any sign without fir st o btain in g an d filing with the bu ilding official th e written consent of the owner, lessee, or per son having possession of the property upon which such sign is situated. (Ord, 2104 § 34.403, August 27, 1962) . 16.12. 040 Application for permit An application for a permit for each sign shall be made to the bu ilding official in such form and include such informatio n as the buildin g official may prescribe. Su.;h application shall be accompanied by the written co nsent of the proper ty owner or other authorized perso n as set forth in Section 1620.030 and the permit fee herein pr ov ided. (Ord. 2104 1 34. 404(a), Augu st 27, 1962). 1620.090 Signs for adve rtising purpos es. Unless otherwise expre ssly pr ovided in this chapter, no sign sha ll be erected or used for advertising purposes of an y kin d except such signs as shall be located on a place of busin ess, enterprise or ca lling a nd used solely fo r naming, designatin g or identifying said business, enterprise or calling. No sign shall advertise - or display the make, brand name or manufacturer's name of an y product, a rticle or service unless the same assis ts in and is don e incidentally to the naming, des igna tin g or identifying of said business, en terprise or call- ing. (O rd. 2104 § 34.405, August 27, 1962). 16.20.10C Ex empt signs excepted. No thing in this cha pte r sha ll be construed to prohibit any sign, notice or advertisement prescribed or re- quired by law, or any no tice posted by any lawful officer, or an y sign conforming to the rules herein adv ertising the rale or lease of the real property upon which such sign is situated. (Ord. 2104 § 34.4,6, August 27,1962) . -17- 16.20.110 Prohibited locations . All sig ns shall comply with the fol- lowing l ocatio n req uirements: (a) Public places. Except as provided herein, no sign sbail be erected upo n or o-rer any public street, sidewalk, parki ng lot or other public way or place without a permit in writi ng from the chief of police, and e x- cept on a p urely temporary basis . S uch permit sh all be in additio n to any permit required by Section 16 .20.020 . (b) Fire esc apes. No sig n shall be erected in s uch a ma nner that any po rtio n of the sig n or its support is attached to or will interfere with the free use of any fire escape, exit or standpipe, or obstruct a ny required stairwa y, door, ventilator or wi ndow . (c) Marquees. No sign shall be placed upon the roof or on the face of any marquee except on a theater . (d) Traffic. No sign shall be erected in such a m anner that it will or reasonably may be expected to interfere with, obstruct, co nfuse or mis- lead tra ffic. (e) Intersection s. No sign over three feet in height shall be erected at the interction of an y street improved for vehicular traffic, within a tria ngula r area formed by the curb lines, and their projection, and a lire connecting them at po ints thirty-five feet fr om the i ntersection of the projected cu rb lines, unle ss the same, in compli ance with the pr ovisi ons of this chapter, has a clearance of at least ten feet above c urb grade and no part of whose means of su pport has a singIe or c ombi ned horizontal cross section exceeding eight in ches. (Ord. 2104 c 34 .407, August 27, 1982). 16. 20120 Signs in residential districts. No sign shall . be erect ed in any residen tial district ex cept as pr ovide d in this section. (a ) Chur ches an d quasi -public organiza tio ns. In a ll : -Fsider tial dis- tricts chur che s and quasi -public organizations ma y erect signs on the prem- ises identifying the premises or a nnouncing activitie s thereon. (b) Iden tifying sign s. In all residen tial diet iota except R -1,- R -E, R-DU P an d R-2, sign s ma y be erected iden tifying the property or building on which the sign ifi situa ted. (c) Special purpose signs. Certain special purpose signs may be erected in residential districts in co mpliance with the pro vision s of Section 16.20. 190. (d) Size an d height. Except as otherwise pr ovided in Section 16.20.190, wall sign s in residential districts shall not exceed an area of one squ are foo t of sign for each for ty square feet of wall area or one hu ndre d fifty square feet, whichever is les s. F reestandin g signs shall meet the requ iremen ts of Ta ble 1. (e) Number. In residential districts there shall be no more than one wall sign and on e freestan ding sign for each fronta ge. No projecting signs or roof signs shall be erected h res idential districts. (f) L ighting of signs. No sign in a residential district shall be constructed in su ch a way that any light bulb, light filament, n eon tu bing or similar ma teria l is v isible fro m the front of the sign or from beyond the proper ty line. (Ord. 2104 § 34.40$, A ugust 27, 1962). -18- 16.20.140 Signs on lapped freew ays. Notwithstanding anything elsewhere contained in this chapter, no sign shall be erected ou any prop- erty adjacent to a secti on of land scaped freeway in such a way as to be viewed by perso ns tr aveling on s uch land scaped freeway, except whe n such sign is used exclusively: • (a) To advertise the sale or lease of the property upo n which the sign is situated; or (b) To designate the name of the ow ner or occupant of the prem. ises upon which the sign is situated, or to identify 'such premises. An y sign which is now or hereafter shall be in violation of this sec- tion shall be removed within o ne year from the date when a freeway sec- tio n sha ll have been landscaped. ( Ord. 2194 a 34.410, August 12, 1962). t e 16.20.180 Roof signs. Roo: signs shall be pe rmitted only in zones C-3, M-1 a nd M-2 and shall comply with the requireme nts of this section. (a) Area . The maximum area for any roof sign which is set b ack at least eight feet from the .dge of the roof or firewall shall be as i ndi- cated on Table 3. The maximum area f or any sign n ot so set back shall be as in dicated on Table 2 or T able 3, whichever is less, but need not be leas than fo rty square feet. (b) Height. Any roof sign which is set back at leapt eight feet from the edge of the roof or firewall shall have a m aximum h eight of fifteen feet abo ve the firewall or high portion of the roof . A ny sig n n ot so set back sha ll have a ma ximum height of four feet above the fire - wall or highest portion of the roof. (c) Location. No roof sign shall project beyond the edge of the ro of or firewa ll, or beyond the front pro perty line, or closer than fo ur feet to the s ide or rear property line . A sign upon the canopy cf a service sta tion may extend beyond the canopy. (d) Nu mber. Subject to the pro visions of Section 16.20200, there shall be no more than o ne roof sign for each place of busin ess or occu- pan cy. (e) Con struction. In addition to the requirements of Section 16.20.220, ev ery such sign shall be c onstructed wholly of meta l, incom- bustible plas tic or other approved fire res istant materia l. (Ord. 2104 1 34. 414, Augus t 27, 1962). 16. 20.190 Special purpose signs. Signs for the special purposes set forth in this section shall be permitted as provided herein.• (a ) Fo r sale or lease signs. In all districts signs may be erected on real estate advertisin g such real esta te for sale or leas e. In R-1, R -E, R-DUP a nd R-2 districts such sign s shall no t exceed an area of six square feet. In all other districts su ch signs shall meet with the requiremen ts set for th on T able I. (b) Directory signs. In all districts where group occupancies in office buildings ar e permitted, directo ry signs may be erected displaying the names of the occupants of a building who are engaged in a particular profess ion, busin ess or the like. Such signs shall be situ ated at least two feet inside the property line and shall n ot exceed eight feet in height. Such sign s may have an area of four square feet, plus one and on e-half square feet per n ame, in no event to exceed seventy-five square fee t. -19- (c) Constr uction pr oject. signs. Signs may be erected in conjunc- tion with co nstructio n pr ojects a nd used for the purpose of publici zing the f uture occup ants of the buildi ng or the architects, engineers a nd c on- structio n organizatio ns participati ng in the project. In residenti al dis- tricts, no such sign shall exceed twelve square feet in area and no free- standing sign shall exceed five feet in height . In other dist ricts no sign shall exceed the area for the applicable frontage set forth in Table 1 a nd no freestanding sign shall e xceed eight feet in height. All such sig ns sh all be removed before a final rele ase on the construction is gi ven by the build- ing official. (d) Directional signs. Directional signs may be erected for the puri.os e of facilitating or co ntrolling the efficient or s afe m oveme nt of pedestria ns or vehicles on private property . Such cigrs shall not be used to r advertising purposes and particularly shall not include the name of any perso n, firm, compa ny, organizatio n or any product or ser vice. Except perma nent or temporary private customer off-street pa rking sign s ap- proved un der Section 16. 20.110(a), such signs shall be located on the prop- erty to which they pertain, shall not e xceed an area of six sq uare feet n or a height of three feet, and shall be located at least twenty feet within the n ea rest property line; except that directional signs of not more th an three squa re feet in area may be located not less than ten feet within any front property line. Su ch sign s shall not be permitted in R-1, R -E, R-DUP or R-2 dis tricts. (e) Open house signs. Open house signs, advertising real estate open for in spection for prospective sale, may be placed on priv ate prop- erty in a ll distr icts with the consent of the owner, lessee or occup ant. Su ch signs may state the name of the person or firm sponso ring the open hou se. Such sign s shall not exc eed fou r squa re feet in area nor three in number for any one sale . Ev ery su ch sign s hall be removed between the hours of eight p.m. and eight a.m. (f) Su bdivision signs. An y person or firm offerin g real estate for sale in an approv ed subdiv ision may erect not more than two signs indi- cating the location of the subdiv ision . No such sign shall exceed forty square feet in ar ea. Such signs may state the name of the subdivider or s ubdivision or bo th. No such sign shall be er ected on or s ituated within o ne hundred fee t of a ny occupie d re siden tial pr operty. No such sign shall be illu minated. The application for permit fo r any such sign sha ll be accompanied, in addition to the permit fee, by a deposit of fifty dollars for each sign to gua ran tee proper main tena nce an d ultimate remova l thereof. The per- mit for any such sign sha ll be issue d for a perio d of six months. At the en d of such period additio nal exten sion s of ninety days each may be gran t- ed by the bu ilding official for go od cause shown. Upon expira tion of the permit or an y extension thereof the sign shall be remov ed by the applican t. If it is not, the city may r emo ve the sign an d apply the deposit to the expense of remo val. If the sign is removed by the applicant the deposit shall be return ed to him u pon request. (g) Political sign s. Signs of a civic, political or religious nature ma y be erected in conformity with this div ision in all districts except R-1, R -E, R -DU P and R-2, on a tempo ra ry basis only, as provided in Section 16.20.060. (Ord. 2104: 34.415, August 27, 1962!. -20- 16.20 .230 Amortizat on of no nconforming signs. * There are hereby declared to be the following time periods within which all signs within the city shall be altered, removed or otherwise m ade to comply with the pro- visions of this ch apter. Signs pai nted on buildi ngs, walls or fe nces, 2 years. All other signs, 5 years. Provided that the following time periods shall apply to signs legally erected pursuant to a valid sign permit issued within the two years im- media tely precedi ng the effective date of this section: Signs painted on b uildings, w alls or fences, 3 years from permit d ate. All other signs, 7 years fr om permit date. 'Sections 16.20.230 thr ough 16.20.270 became effective July 24, 1963) . (Ord. 2104 § 34 i19(a), August 27, 1962). 16.20.290 Aba ndoned signs . No person shall mai nt ain or permit to be maintain ed on a ny premise: ow ned or controlled by him any sign which has been abandoned. An y such sign shall promptly be abated by the owner or su ch other person . An y sign which is located on property which be- comes vacant a nd unoccupied for a period of three mo nths or more, and a ny sign which was erected for an occupa nt or business unrel ated to the present occu pant or his business, an d any sign --hich pertains to a time, event or purpose which no longer obtains, shall he presumed to have been aba ndon ed. (Ord. 2104 § 34.420, August 27,1962) . 16.20.300 U nsafe an d unlawfu l signs. Whenever a sign is found to be erected or ma intained in v iolatio n of any provision of this ch apter or of an y other ordinance or law, the bu ilding o fficial shall order that such sig n be a ltered, repaired, reconstructed, demolished or removed as may be ap- propria te to abate such con dition. Any wo rk required to be done shall, un- less a differ ent time is specified, be completed within ten days of the date of such order . Fa ilure, neglect or refusal to comply with su ch order of the building official shall be sufficient basis for the revocation of any permit granted under this chapte r and shall constitute a separate offense. In addition to any other remedies provided by law, the bu ilding of- ficial shall have the power an d au thority summarily to remove, or cau se to be removed, at the owner's expen se, any sign erected or maintained in viola tion of the pro visions of this chapter. (Ord. 2104 § 34.421, August 27, 1982) . -21- E XI-11 i3I l' "1" Chapter 12 .16 UNDERGROUND i7TILITIES Sections: 12.16.010 Underground installati on required for new construction. 12.16.020 U ndergro und utility districts established. 12.16.030 Overhead wires prohibited in underground districts. 12.16.040 Cou ncil m ay designate additional undergrou nd utility dis • tricts. 12.16.050 Exceptions . 12.16.060 Special exceptions granted by city c ouncil . 12. 16.070 Time extensions. 12.16.080 Notification of affected prope rty owners and utilities . 12.16.090 R esponsibility of property owner. 12.16.100 Action on noncompliance. 12.16. 110 Cost of removal a lie n. 1 1 1 1 12.16.010 Un dergrou nd in stallation req uired fo r new constructi on. The city co uncil finds and determines that the public interest requires that all facilities an d wires used in supplyin g elect ric, communication or similar associated service to be constructed in the city of Palo Alt o afte r July 1, 1965 shall be placed undergro un d in order to pr omote and pre serve the hea lth, safety and genera l welfare of the public and to assure the orderly development of the city of Palo A lto. The chief electrical engi neer ma y au thorize o verhea d lines for new construction when in his opinion underground installation in an y particular insta nce would not be feasible or practica ble. His decision in such matters shall be final. (Ord . 22:.11 $ 37. 201, May 3, 1965) . 12.16.020 Un derground utility districts established. The council fur- ther fin ds a nd determines that the public interest requires that the fol- lowing described areas of the city of Pa lo Alto as delinea ted with more particula rity in those certa in maps entitled Underground Utility D istrict Ma ps, and made a pa rt here of by refer en ce , be declared to be and the same a re declared to be a nd es tablished as under ground utility districts a nd perso ns maintaining poles an d overhea d lines and associated overhead stru ctures in su ch districts shall remove the same within the pe iod of - time as indicated: (1) District No . 1. All la nds frontin g on Oregon Avenu e, removal by September 1, 1965. (2) District No. 2. Palo Alto Foothills Par k, remo val by Ja nuary. 1,1967. (3) Distr ict No. 3. A lexis Drive a rea, remova l by Januar y 1, 1966. (O rd. 2231 137.202, May 3, 1965). 12.16.330 Overhead wires pro hibited in underground districts. (a) Un lawful to Main tain P oles After Remo val Date. Whenever any a rea of the city is declared to be an un derground utility distr ict it shall be unla wful for an y person or utility to main t'In any pole, overhead line or associated o ve head stru ctu re within the district after the date when said utilities are required to be removed -22- 1 at ■ 1 1 1 111 1 1 1 1 1 1 1 1 t b) New C onstructio n Prohibited . From a nd after the effective d ate of the establishment of any undergro und utility district it sh all be unlawful for any person or num.: to erect, construct, use or mai ni ain any pole, overhead line or associated overhe ad structure within such underground utility district. (c) Violation a Misdemea nor . Any person or v `,ility who shall erect, construct, place, keep, maintain, continue, employ or operate any such pole or overhe ad li ne it associated overhead struct ure within any u nder- ground utility district oi= sh all neglect to take down and remo ve any such pole, overhead wire, or associated overhead str uctures within the time designated in this chapter or who shall otherwise fail to comply with the provision s of this ch apter shall. be g uilty of a misdemeanor and up on conviction thereof shall be punishable by a fine not to exceed five hundred dollars. Each consecutive fifteen day period during which the fail ure to comply w ith the provisions hereof shall ccnstitute a sep arate offense. Such violation is likewise hereby declared to be a nuisa nce and m ay be a bated by the city a ttorney in the man ner pro vided for the abatement of nu isances. (Ord. 2231 37.203, M ay 3, 1965) . 12.16. 040 Cou ncil may designate additional und ergrou nd utility dis- tric ts . (a) The city council may from time to time call public hearings to ascertain whether the public necessity, health or safety req uires the remov al of poles a nd o verhead lin es an d associated ov erhead structures from some designated area of the city. The city clerk sh all n otify all affected property o wn ers as shown on the last equalized tax r oll of the city an d affected u tilities by mail of the time a nd place of such he arings at least thirty days prior to the date the reof. (b) If, after any such pu blic hearing, the council finds that the public necessity, health an d safety r equire su ch removal the council shall, by ordinance amendir g Section 12.16. 020 of this chapter, declare such a rea an undergroun d utility district. Such ordina nce shall include a de- scr iption of the ar ea comprisin g su ch dis trict an d sha ll fix the time within which such poles and overhea d lines a nd asso ciated ov erhea d structur es sha ll be removed and within which affected property owners must be ready to receive under gro und serv ice. T he coun cil shall allow a reason- able time for su ch remova l hav ing due regard for the availa bility of n ecessary la bor, mate rials an d equipment fo r such removal an d fo r the in- stalation of su ch underground facilities as may be occasion ed thereby. (Ord. 2231 3 '37.204, May 3, 1965). 12.16.060 Special ex ception s granted by c ity council. Notwithstanding any oth er provisu>ns of this chapter the city coun cil ma y grant special ex- ceptions on a perman en t or temporary basis to the provisions her eof on such terms as the city co uncil mcy deem appropriate in cases of emergen- cy or unusu al circumstances to any perso n to erect, . :-Instruct, install, main tain, use or o perate poles and overhead lines and a sso ciated overhead s trictures within any underground utility district pr ovided that prior thereto the city coun cil shall have made a finding that granting of su ch special exception do es not vio late the genera l p'srpo ses of this chapter, will not be detrimen ta l to the public interest, welfare, kaafety, peace or health a nd that su ch action will not constitute a grant of specia l priv ilege in cot-- aistent with the limita tions upo n other properties in the undergroun d utili- ty district. (O rd. 2231 § 37. 206, Ma y 3, 1965) . -23- 12 .16 .090 Responsibility of pr operty ow ner. (a) All conduits, con- d uctors and a ssoci ated eq uipment nece ssary to receive utility service be- twee n service co nductors or underground pipe or conduit of the s upplying utility a nd the service facilities to the building or strucZ .ure being served shall be provided by the person ow ning, operating, leasing or renting said property subject to applic able r ules, reg ul ati ons and tariffs of the utility or u tilities concerned and the Utility R ules and Regulations of the city of Palo Alto. (b) Such underground constructio n shall be acc omplished within the time specified in Section 12.16.020 or within thirty days after th e in- stallation of the utilities facilities pursuant to the city's Utility Rules a nd Re alations. (Ord. 2231 § 37.209, May 3, 1965). 1216.100 Action on noncompli ance. (a) In the event the person own- ing, opera tin g, leasing or renting said pr operty does not comply with the pro vision s of Section 12.16.090 within the time specified therein- the chief electrical engin eer sha l; have the auth ority to order the discon- nection a nd remov al of any and all poles, overhe ad lines or associated ove r- head structures supplying utility service to aa; d property and the utility shall not be thereafter required to provide service to such premises until the owner, tena nt or occupant ma kes the necessary ch anges. (b) Noncompliance by any person owning, operating, leasing or re nting sa id property with the prov is ions of Section 12.16.090 shall con- stitute a mis de mea nor. Until su ch time as notice is given pursuant to the prov isions of Section 12.16. 080 the su:plying utility shall not be in vio- lation of this cha pter, or an y o rdina nce enacted pursuant to the pr ovi- sions of Sectio n 12. 16.040 in continuing to maintain overhead facilities n ecessary to serve such person during the period of such noncompliance and su ch reaso nable time thereafter as ma y be necessary to remov e the sa me. (Ord. 2231 ¢ 37.210, May 3, 1965). -24- EXHIBIT "G" Chapter 16.28 EXCAVATIONS. GRA DIN G AND FILLS' Secti ons: 16 .28.010 16.28.020 16.28.030 16.28.040 16. 28. 050 16.28.060 16.28.070 16.28.080 16. 28.090 16. 28.100 16.28.110 16.28.120 16. 28.130 16.28. 140 16.28150 16.28.160 16.28.170 16.28.180 16.28. 190 16 28.203 16.28. 210 16.28.220 16.28. 230 16.28.240 16.28.250 16. 28.260 16.28.270 16. 28. 280 16.28.290 16.28.300 Definitio ns . Permit req uired. Permit exemptions. Permit issuance by building official in connection with buildi ng permits. Permit application. Requireme nts for scale pla ns and drawi ngs . Application refe rred to pla nni ng officer. Permit, fees. Permit issuance or denial ---Co nditio ns upo n iss uance. Design ation of r outes. Performance bonds . Lia bility insurance . Tran sferability. Revocation or suspension of permit . Appeals from denial or revocati on . E xpiration —R ene wal. Inspectio n by city. Certificates of appro ved soil testing agency. Excav ations. F9lls. Compa ction of fills. Mainten ance of protectiv e devices. Repair of existin g fills. Dra ina ge requ irements. Additiona l safety precautions required. Protection of adjacent property —Fences an d guard rails. Deposits of, earth, rock a re prohibited. Destructio n of natura l ground cover. Bu ilding restrictions. Certificate of completio n. 162$.010 Del altiur s. The followin g words an d phrases, when ever u sed in this chapter, s hall be construed an de fined in this section s EXCA VATION. The term "exce. vatiod" shall mean any act by which earth, sand, grav el, rock or any other similar material is cat into , dug, qua rried, un covered, remo ved, displaced, re located or bu ll -dozed, an d shall include the conditions resulting the refrom. FILL The term "fill" shall mean any act by which earth, sand, grav el, rock or any other similar ma terial is deposited, pla ced, pushed, pulled or transported, and shall inclu de the co nditions resulting therefrom. GRAD ING. The term "grading" shall mean excava tion or fill or an y combination thereo f and shall in clude the conditions resulting from any ez: ov ation or fill. -25- P ERCENT COMP ACTION . The term "percent c ompaction" shall mean the dry density of the materi al at present in the fill divided by the maximum dry de nsity as determined in accorda nce with A .A.S.H.O . with A.S.T .M. designation D -1557-58T with a ten pound hammer falling free from an eighteen inch height above the soil at least twenty-five blows per layer. QUARRY . The term "quarry" sh all mea n any site or p arcel of land u sed for obtai ning, extracti ng or prod ucing r ock, crushed ato ne, b uildi ng stone, slate, limestone or similar material products on either a commercial ba sis or for private use. SITE . T he term "site" sh all mean a lot or parcel of l and or a series of lots or parce ls of land joined tog ether under one ownership nership where grading is to be performed a nd is bei ng performed. SUPE RVISED GRADING. The term "supervised gr adi ng" sh all mean grading done under the supervision of a soils e ngineer. SOILS E NGINEER. The term "soils e ngi neer" shall m eans a ci vil - e nginee r licen sed by the sta te and experienced in soil mechanics and slope sta bilities whose qualifications shall be acceptable to the city engineer . (Ord. 2104 § 34.601, Au gust 27, 1962). 1& 2& 020 Permit r equ ired. No person shall do any grading with out a permit therefo r from the city en ginee r if such grading will result in any of the fo llowing: (a) An excav ation or fill in e xce ss of one hundred cubic yards; (b) An excavation three feet or more below a two (h orizontal) to one (vertical) descendin g slope from any property line, or a fill three feet or more a bove a two (horiz on tal) to one (vertcal) ascending sl ope from any property line. (c) An exca vation or fill within a pu blic sewer, wa ter main, storm drain or *lowe r line ea sement. (d) An ex cava tion or fill which will encroach on or alter a natural dra inage channel or water cou rse. No pe rson shall con struct, reconstruct, a lter, repair or install any structure in an y natural water course without a permit therefor from the city meet A separate permit shall be require d for each separate n on con tigu ous site. One permit ma y cover bo th an exca vation and a fill on the same 18.28.040 Permit Issuan ce by bu dding o fficial In conn ection with bu ild- in g permits. When ever grading is perfo rmed on a lot or pa rcel of land in connectio n with the con struction of a building or structure on su ch lot or parcel of land fo r which a permit has been issu ed by the 'building o fficial, the bu ilding official shall perform all thedutis specified by this cha pter to be performed by the city engin eer, ex : , �t supervision and in - spectio n of work performed on public property or work on dra ins, dams or rev etments, which shall be performed by the city engineer. A ll walls or o ther similar structures on priva te pro perty required by the city engi- neer in connection with permits issu ed by rim shall be co nstructed un der -26- 1 1 1 t 1 1 1 f e e t a permit from a nd inspected by the building official . The buildi ng official shall file a copy of each exca vation permit issued by him with the city engi neer. (Ord . 2104 4 34.604, Aug ust 27, 1962). 13.28 .070 Application referred to pl anni ng officer . When the grading- ._ to be d7ne on a site which is intended to be subdivided into two or more parcels or which i nvol ves m ore tha n twenty thousand cubic y ards v)f exca- vation or fill, the application sh all be referred to th e city planning officer fo r study. The city plan ning officer sh all report on any aspect of the proposed grading, excavatio n or fill th at relates to or affects the ma ster plan or any other zoning plan or zoning reg ulatio ns of the city. The city plannin g officcr upon completion of investig atio n shall transmit his report and fin dings and recomme ndatio ns to the city e ngineer and no permit sha ll be issu ed u ntil such report has been received. Failure of th e city planning officer to act within ten days after the referr al of the applica- tion to him shall be deemed to be an approval and the permit may there- after be issued. (Ord. 2104 r 34.607, A ug ust 27, 1962) . 16. 28. 090 P ermit Issuance or denial —Conditions up on Iss uance. A. GRO UND S FOR DENIAL. Whe never in the judgment of the city engineer the proposed work would directly or indirectly create a haz- ard to huma n life or endange r a djo ining property or property at a higher or lo wer le vel, or any public sewer, storm drain, watercourse, street, street improv ement or any other public property, the applic ati on sh all be denied . If, in the opin ion of the city en gineer, the danger of hazard can be elimi- nated by the erection or installation of walls, cribs or other devices, or by a specified method of perfo rming the work, the city engineer m ay grant the permit upon condition that the specified protection and preca ution ary wo rk shall be done to his sa tisfaction , or upon con dition that a specified method of performing the work shall be used. B. CONDITIONS UPON ISSUANCE. In gran ting any permit un- der this chap ter, the city engineer may attach such conditio n thereto as ma y ne reason ably necessary to prevent danger to public or private prop- erty or to prevent the opera tion fr om bein g condu cted in a man ner hazard- ous to life or property or in a ma nner like ly to create a nu isance. No person shall violate a ny con ditions so imposed by the city en gin eer. Such co nditions may inclu de, bu t shall not be limited to: (I) Limita tions on the hours of operation or the period of yea r in which work may be performed. (2) Restrictions as to the size and type of equ ipment. (3) Designation of rou tes upon which materials may be transported. (4) The place an d ma nn er of disposal of e xcav ated materials. (5) Require ments as to the la ying of dust and tr acking of dirt, the preve rttien of no ises an d o ther results offensiv e or injurious to the neigh- borhood, the gen er al public or any portion there of. (6) Designation of max imum or minimum slopes to be used if they va ry from those prescribed in this chapter. (7) Regulation s as to the use of pu blic streets and places in the course of the wo rk. (8) Regulations as to the degree of compaction of fill ma teria l. •27- t 1 1 1 1 i 1 1 (9) Requirements as to pavi ng private driveways a nd ro ads con- structed under the permit. (10) Requiremer`. s for safe and adequate dr ain age of the site . (11) A requirement that approval of the city engi neer be secured before any work which has bee n commenced may be discontinued . (12) A requirement that men and equipment be provided at the site during storms to prevent i ncomplete w ork. . from endangering life or pro perty. (13) Req uirements f or fencing of exca vation or fills which would be hazardous without such fenci ng. (Ord. 2104 34 .609, Augu st 27, 1962). 1628.190 Ex cavatio ns. A. SLOPE STANDAR DS GENERALLY. No perman ent excava tion shall be made with a cut face steeper in slope than on e horizontal to one vertical, u nless a retai ni ng wall or other appro ved su ppo rt is prov ided tc support the face of the e xcavation . B. DEVIA TION FROM SLOP E STANDARD. The city e ngineer may upo n request permit deviation from the above st andard; pro vided, that the owner shall first furnish the city engineer with a written opi nio n of a soils engineer, certifyin g that he has investigated the site and th at the proposed deviatio n will not en danger any pr operty . C. CUT FACE TO BE FLATTER. The city engineer may require the excava tion to be ma de with a cut face flatter in slope tha n one hori- zon tal to o ne vertical if he fin ds the material in which the exc avatio n is to be ma de unusu ally subject to erosion or if other conditions make such flatter cu t necessar y for stability and safety. D. APPLICABIL ITY. This section applies to all exc .vations in the city regardless of whe ther a permit is required by this chapter fo r such excavatio n. (O rd. 2104 § 34.612, Augu st 27, 1962) . 16. 25.200 Fills. A. SLOPE STANDARDS. No fill sha ll be m ade which creates any exposed surface steeper in slope than one and one-half horizo ntal to on e v ertical. The city en gineer may, upon request, permit deviation s from the above standard; provided, that the own er furnished him with the written o pinion of a soils engineer cer tifying that he ha s in- vestigated the site an d that the proposed dev iatio ns will no t en da nger any pro perty. B. FILL SURFACE TO BE FLA 'rr fit. The city engine er ma y re- quire that the owner furnish a written opinion of a soils e ngineer certifying that he ha s investigated the site a nd recommending maximum a llowa ble fill slope and type of slope treatmen t for stability. C. TOE OF FILL. The toe of filled s lopes shall be located five feet or one-ha lf of the vertica l height of the fill from any a djoining property lin e, whichever is greater, bu tsuch distance need not exceed ten D. APPLICABILITY. This section applies to a ll fills in the city regardless of whether a permit is requ ired by this chapter for such fills, except that the tests and repo rts specifies by this section shall not be n ecessary in conn ection with fills for which no permit is required. (Ord. 2104 34.620, August 27, 1962) . -28- 1 16.28.210 Compaction of fills. All fills shall be compacted unless the city engineer finds th at such comp action is not required as a s afety meas- ure to aid in preventing the sat uration, adverse settlement, slipping or erosi on of the fill . Where compaction is required it shall be m ade to a mi nimum of ninety percent compaction, as defined in Section 16.28.200, and made u nder supervised grading. The city engi neer may specify the maximum thickness of the layers of fill to be zompaeted. Fills shall be compacted, inspected and tested in acc orda nce with the following provisions: (a) The sp ace over which fills are to be made shall first be cleared of all trash, brush, trees, stumps, timber or debris and shall be scarified. (b) All filling shall be done with good sound earth, gravel or ma- terials approved by the city engi neer. (c) When an existi ng fill iv to be widened or a new fill is to be made on a hillside, the new material shall be b onded to th e old by plowing deep longitudinal furrows, or by removing t op soil and vegetation and by com- pa cting the fill upon a series of terr aces. (d) A ll exposed fill slopes shall be protected immediately upon com- pletion with landscaping, an approved sprinkler system or other er osion - contr ol devices appro ved and deemed necessary by the city engi neer . (e) In additio n to the inspection of any fil's by the city engineer, the c ity en gineer may requ ire that a writte n report in duplic ate be sub- mitted by a soils en gin eer certifyin g results of tests of the fill at selected stages. If fav ora ble conditions exist, the city engi neer may by prior ap- pro val waive requiremen ts for superv isio n or soil testing. If the fill is to suppo rt bu ildings , structures or r oadw ays, the city engine er may require the repor t to in clu de recommend ati on s on be aring capac ities. (Ord. 2134 § 34.621, Au gu st 27, 1962). 16.28.228 Mainten ance of protective devices. The owner of any prop- erty on which an excavation or fill has been ma de pursuant to a permit granted under thin chapter, or any other person or a gent in control of such property, shall main tain in goal con dition an d repa ir all retaining walls, cribbing, drain age struct'!!, planted slo pes a nd o ther pro te ctive devices sho wn in the approv ed plans or dr awings s ubmitte d with the application for the grading perm it. (Ord_ 2104 a 34.622, A ugust 27, 1962). 16.28.230 R epair of existing fills . Whenever the city en gine er deter- mines by inspection that an existing excavatio n or fill from any cause has beco me a men ace to life or limb, or e r:dangersn property, or Jfecta the safety, usa bility or stability of a ny pu blic property, the owner of the property upon which such exca vation or Ill! is lo cated, or o ther person or agent in co ntrol of the property u pon rec eipt of no tice in writing fro m the city engineer so to do, shall, within one hundred eighty days from the da te of su ch wr itten notice, repair or reconstruct such ex cavation or fill so that it will conform to the requiremen ts of this chapter or otherwise repair, recon struct, strengthen or eliminate such exca vation or fill in a mariner satisfactory to the city engineer so that it will no longe r con- stitute a men ace or danger as aforesaid. A shorter period oi time may -29- be specified by the city engi neer if an immine nt and immediate hazard is found to e xist . Any person receiving notice as set out in this sectio n may appe al from the notice of the city engineer in the manner pro vided by Sectio n 16.28.150. (Ord . 2104 z 34.623, August 27. 1962). 16.28.240 Drainage req uirements . A. DR AINAGE GENERALLY . All graded sites shall be developed so as to provide contr ol of storm and surface w aters. Adequ ate provision shall be made to prevent a ny storm or su rface waters from damaging the cut f ace of an e xc avati on or the sloping face of . fill. All drainage provisions ah all be n ut ject to the ap- proval of the building official and the city engineer, and f hall be of such design as to carry storm and surface waters to the nE arest practical street, storm drain, or natural water course, appro ved by the city engi neer as a sa fe place to deposit and receive such waters. • B. E AVE GUTTERS. All buildings on graded sirs shall be equipped with eave gutters or ground gutters so that all storm waters falling upon the roof will be collected and conducted to an approved locatio n in a non - erosive device. C. BUILDING PADS. Bu ilding pads on graded sat es shall be sloped at a minimum of two percent to the street or an approved drai nage de vice. D. FOOT ING E XCAVATIONS. Footings on graded sites sh all ex- tend above the elevation of the whole point of the street curb a minimum of six inches plus two percent of the dista nce from the f ooting to the curb . Where the site drains to an approved dra inage device the footi ng shall e xtend a bov e the elevation of the low po int of the device a mi nimum of six in ches plus two perce nt of the distan ce from the footing to the de- vice. E. SUB DRAINAGE. Where deemed necessary by the building offic- ial or city engineer a dequate subdr ainage shall be pro vided in con necti on with fills. (Ord. 2104 § 34.624, A ugust 27, 1962). 16. 28.270 Deposits of earth, rock, at pro hibited. A. ON PREMISES OF AN OTHER PERSON. No person shall dump, move or pla ce any earth, sand, gravel, rock, stone or other excavated material so as to cau se the sa me to be deposited upon or to roll, flow or wash upon or over the prem- ises of a nother witho ut the expres s consen t of the owner of such premises so affected or upon or over any public place or wa y. B. SPTI J JNG. No person shall, when hauling an y ea rth, sand, gravel, rock, sto ne or other ex cav ated ma terial over an y pu blic street. alley or other pu blic place, allo w such materials to blow or spill over an d u pon su ch street, a lley or place or adjacent private property. C. RE MOVAL OF DEBRIS. If due to a violation of subdiv ision A or B of this section, an y ear th, san d, gravel, rock, ston e or other ex ca- va ted material is caused to be deposited upon or to roll, flow or wash upon any public place or way, the person responsible therefor shall cause the same to be re moved from such public place or way within thirty-six hou rs. In the event it is no t so removed, the city engineer sha ll cause such re- -30- 1 1 1 t 1 1 1 1 1 A 1 i 1 1 1 1 1 1 1 moval and the cost of such remov al by the city engineer shall be paid to the city by the person who failed to so remove the material. (OH. 2104 34.627, August 27,1962). 16.28 .280 Destruction of natural gro und cover . No perso n, e xcept pur- suant to a written order of the fire marsh al shall denude and dest roy the na tural cover of any water shed, except f or the immediate use and occu- pation of the property so de nuded in accordance with and subject to all applicable provisio ns of the zoning ordinance (Title 18), and the buildi ng code (Chapter 16.04) . (OH. 2104 6 34.628, August 27, 1962) . -31- 1 1 t 1 1 1 1 111 i EXHIBIT "H" Title 21 SUBDIVISIONS' 21.04 DeMilli ons 21.08 Gener al Pr ovisio ns 21 .12 T entati ve Map 21.16 Fi nal Map 21 .18 FMng and Che ddar Fees 2120 General Regdatta ns and DEaign 21.24 Impro vements and Bol ds 21.28 Exceptions 21.32 Subdivisions of Less Thin Fi ve Lots 21. 34 Dedications for School Purposes 21. 36 Appeals 1. T er sta te kw viarg loaf am arOrltls s to enact a edmano.o reire lating liis & lip and ommemt nor►' woof's/km—ass taw cad P. If liios. uus—.uaie anet 11540.1 -32- Chapter 21.04 DEFINITIONS Sections: 21.04.010 Map act. 21.04 .020 Owner. 21.01.030 Subdivider . 21.04.040 Subdivisio n. 21. 04.050 Hillside areas. 21.04.060 Lot . 21. 04.070 Subdivision map act —Certain definitio ns adopted. 21.04.010 Map act. The term "m np act" shall be deemed to m ean the subdivision map a ct of the state of Califor nia. (Ord. 1316 2.10, De cem- ber 26, 1.960). 21. 0.020 Owner. The term "owner" is the individ ual, firm, a ssocia- tion, syndicate, co -pa rtn ership, or corporation havi ng sufficient pr oprie- ta ry in terest in the land sou ght to be s ubdivided to commence a nd main- ta in proceedings to subdivide the same under this title. ( Ord . 1316 12.20, Dece mber 26, 1960) . 21.94. 050 Subdivider. The term "subdivider" shall mean any individ- ua l, f nn, associa tion, syndicate, co-ta rtherehip, corporation, trust or any other legal entity commen cing proceedings under this title to effect a sub- div ision of land he reun der for himself or for an other. (Ord. 1316 4 2.30, D ecermber 26,1960). 21.04.W.0 Subdivision. The term "subdh-i pn" shall mean any la nd or portion thereof shown on the last preceding tax roll as a unit or as con- tiguous units which is divided for the purpose of sa le, whether immediate or futu re. (O rd. 131612.40, December 26, 1950). 21.04.060 Siiside a ieoa. The term "hillside areas" shall mea n an y area with an average crone slope of fifty percent or more. (Ord.1316 12.41, a dded by Ord. 1912 January 11, 1960. MOWN L et. The term not" shall mum a parcel of land under one ownership used or capable of bein g used uraahr the regula tions of this title, in cluding both the bu ilding site an d all regtdre d ya rds a nd other open spaces as required by Title 18, the Palo Alto somag code. (Ord. 1316 ; 150; December 28,1960) . 21 IMMO Subivisis a imp set—O eetein deeadii s adopted. The defi- n ition s and of Mowin g owin g wards and phrases: "coun ty sur- advisoey swcy,i, `Ymal map, "tmpro'v-sent, "record of su rvey map," and "tentative map" as contained in the s bdivieloa map act of the state of Califo rnia an d amendments thereto, are adopted as definition of said words an d phrases whenever they appear in this title. (Ord 1316 12.ai1, Decembe r 26,1960). Ch apter 21.08 GENERAL PR OVISIONS Sections: 21.08.010 21 .08 .020 21.0&030 21.06.010 21.08.060 21. 08.060 21.08.070 Pure --e .. Planning c ommissio n as ad visory agency. Commission —Powers and duties. Compliance required. Nonc ompliance — Transaction void able. Violatio n —Notice filed. No ncompliance —Buildi ng permit i ss uance p rohibited . 21. 06.010 Purpo.. This title is ena cted for the purpose of adopti ng su bdivision regula tions for the city of Palo Alto. (Chi . 1316 $ 1.1, Decem- ber 28, 1950). 21.06.068 Plug commission as advisory agency . The pl anning commission of the c ity of Palo Alto, state of California hereinafter re- ferred to as the planning co mbissfon, is hereby desig nated as the ad visory agency with respect to subdiv isions as provided in the subdivision map act.. (Ord. 1318 $1. 2, December 28,1960) . 21.08. 030Com mission—Powe rs .said duties. The plan ning commission shall have all the powers and duties with respect to tentati ve and fi nal maps, and the procedure rela ting thereto, which are specified by law and by this title. (Ord. 1316 $ 1.3, December 28, 1950). 21. sI8.f40 Compliance required. It shall be unlawful for any i ndividual, firm, as#soctatlon , syndicate, copa rtnership, co rporation, trust or any other legal en tity, as a principal, agent or otherwise to offer to sell, to co ntract to sell, or to sell an y subdivision of lan d or any part thereof in the city of Palo Alto, un less an d until a ll the requiremen ts hereinafter provided ha ve been complied with. (Ord. 1316 11.4, December 2$,1960). AMAIN Noneompsifaa ee—Traa saotien voiiabie. An y deed or con- veya nce , sale or contract to sell made con trary to the provisions of this title is voidable at the sole option of the grantoa, buyer or person contra ct- in g to per, his heirs, pers onal representative, or trustee in insolv ency or ba nkruptcy within one year after the date of execution of the deed of conv eyan ce, sale or contract to sell, but the deed of con veyance, sale or contract to sell is binding u pon any assignee or transfere e of the gran tee, buyer or person contracting- to pu rchase, other than those a bove enumer- ated, a nd u pon the grantor, vendor, or person con tracting to sell, or his usigneo, heir or devisee. (Ord. 1316 11.6, added by Ord. 1912 Janu ary 1, 1900). 111.08.044 ` V iehrtion N ike fled. If and when the planning officer becomes a wa re of a division of land in v iolation -s[ the provisions of this - title, he ma y record in the aMos of the county recorder of San ta Clara Cou nty a notice to that effect describing the land. If su ch division is sub- sequently approved hereun der, the piannhig offi cer may reco rd a n otice that the violation has ceased. 1 t t t t 1 I� t 1 N othing in this sectio n shall be deemed to require complia nce with the recording pro visions contained herei n as a co ndition precedent to the enf orceability of Section 21.08.070 or any other pro vi sion of this title. (Ord. 1316 f 1.6, added by Ord. 1912 J an uary 1, 1960 a nd amended by Ord. 2040 July 24,1961). 21.08.070 N permit issua nce prohibited . No building permit or any other kind of permit issued by the city sh all be issu ed to any applicant (whether it be the original owner as defined in Section 21.04.020, or the origin al grantee or other person mentioned in Section 21.08.060, or their respective successors in i nterest, or any other person) t;, be used in con nectio n with or pertmning to any premises or portion thereof which has at any time bee n subdivided in violation of this title an d n ot corrected as p ro vided d herein. The e nforcement of the pr o- visions of this section shall be in addition to any other remedy or penalty provided by law for violation of this title. (Oid.13161)1.7, added by Ord. 2040 July 24, 1961) . -35- Chapter 21.12 TENTATIVE MAP Sections: 21 .12.010 21.12 .020 21.12.030 21.12.040 21.12.050 21. 12.060 21.12.065 21.12.070 21.1 .060 21. 12.090 Filing and department approval. Size a nd scal e. Less th an five l ots. Fi ve lots or more. Contents . Preliminary copy of restrictive c ovenants. Preliminary soil report Action on te ntati ve map. Recommends+" gas to subdivider. Reje etk i of map. 21.12.010 'klieg s ad department appro vaL Thirty copies of a tent a- tiv e map of the proposed subdivision of any l and, together with additi onal da ta required, shall be filed with the city engi neer at least fift een d ays prior to the regular planning commission meeting at which ccneideratio n is desired. The city engineer shall tran smit copies of each tentative m ap to other departments and agencies concerned. Upon receipt of a c opy of a. tente- tiep map each departmen t concer ned sha ll examine the map to ascertain if it conforms to the requ irements of such departmei t. Withi n ten days the city e ngineer shall ma ke a written repor t to the planning c ommission, in- cluding the recommendatioes . of all the departments a nd agen cies con. corned. (Ord. 1316 ; 3.10, as amen ded by Ord 2307 August 8, 1966 and Ord. 2350 June 6, 195r). 21. 12. 026 Me e s ad scale. Tentative maps shall be e ighteen by twen- ty: inches in size a nd to a scale of one inch equals no t more than one hundred feet. (Or d. 1316 13.71, December 26, 1950). 21.12.666 Leas firs flee lets. Tentative ma ps at the su bdivision of any lan d in to less than live lots sha ll show the dime lions of the pr oposed io ta an d a ny o ther informa tion deemed neees■ary by the city e ngineer. (O rd. 1316 i 3.22, December 96, 1950). 2113.665 Fie isle er asses. Tentativ e ma ps of the subdivis io n of any land in to five or more lots shall contain the following information: (a) The tract mimeor n umber, date, meth point, scale and sufficient description. to define the location and boun daries of the pro posed tract (b) Name and a ddress of record own er or o wners . (c) Name and address of the subdivider. (d) N ame an d business address of person who prepared the tentative Inalx (e) Buf icient elevations or contours to determine the general slope of the lan d, the high snd law points thereof, and all draina ge features. • (f) The location, names, width, and approximate grade s of all roads, stre ets, highways an d ways in the proposed subdivision , or to be of- fered for dedication . -36- (g) The loc ations, names and e xisti ng width of all adjoining and con- tiguous highw ays, streets and w ays . (h) The approxim ate widths, locations, a nd p urposes of all existi ng and pr oposed easem ents. (i) Appro xim ate lot lay -out and approximate dimensions of each lot. Lots shall be n umbered. (j) The dimensio ns and locations of any existing buildings which are to remain in place on the property. (Ord. 1316 $ 3.23, December 26, 1950) . 21.12:060 Contents. The s ubdivider's stateme nt to appear upon, or to accompan y the tentative m ap shall contain the following information: (a) Misting use or uses of the pr operty. (b) Proposed use or uses of the property. (c) Statement of the impro vements and public utilities proposed to be made or installed, and of the time at which such improvements are pro- posed to be completed. (d) Prov ision for sewerage and sewage disposal. (e) Public ar eas proposed. (f) Tree planting proposed. (g) 3ustiffcation and reasons for any exceptions to provisio ns of this title. (Ord. 1316 $ 3. 24, D ecembe r 26, 1950). 21.12.000 Prelna ry espy et re strictive covenants. A preiiminAry copy of an y r estrictive covenants proposed shall be filed with the tentative map. (Ord. 1316 $ 3.25, December 26, 1950). MUMS Preliminary soil report T en ta tiv e maps of the subdi vision of an y land into five or more lots shall be acco mpan ied by a preliminary Bail report, as required herein : (a ) A preliminary soil report shall be prepared by a Civil Engineer who is registere d by the State, an d sha ll be based upon adequate test bor- in gs of esteava tion s. (b) The preliminary soil report may be waived if the City En gineer sha ll determine that, due to the knowledge he has as to the soil qu alities of the s of the s ubehrie lcsi, no prellnnirxrp analysis is n ecessary. (c) If the prelimin ary soil report indica tes the pre sence of criticaMy expansiv e soils or other moil pro blems which, if not corrected, wou ld lead to sutural detects, the City Engineer shall requir e a soil in vestigatio n which shall be prepared by a Civil Engineer who is register ed by the Sta te. The report shall recommen d corrective action which is likely to prevent structural damage to dwellhgs, roads or other public works to be constructed. (d) The City Engineer shall appro ve the soil in vestigation if he de- termin es that the recommended action is likely to prev en t s tructura l dam- age to dwellings, roads or other public wor ks to be constructed. (e) No buildin g' perndt shall be issued unless the a pproved recom- men de d action is in corporated In the construction of each dwelling. (O rd. 1316 i 3.26, added by Ord. 2308 August 7,1967) . 21 .11.070 Actio n on ten ative m ap. The pl anning commission sh all de- termi ne whether the te ntative m ap is in co nformity with the pr ovi sio ns of law and of this title and upon that basis sh all within f orty days after the filing of the tentative m ap recommend approval, conditional approval or disapproval of the same to the city c ouncil. (Ord. 1316 4 3.30, as amended by Ord. 2350 June 6, 1987). 21.12.090 Recommendations to s ubdivider. The planning commissio n may recommend that that the city council require th e subdivider to set a side, or may suggest to the subdivider the advisability of dedic ating suitable a reas for the parks, sch ools and public building sites that will be required fo r the use of the neighborhood or the popul atio n which is in- tended to occu py the subdivisi on under the pla n of proposed property uses therein. In all cues, the pla nning c ommission sh all sugg est to the subdi- vides such measures as will make for e xcellence of community de velop- ment. (Ord. 1316 II 3. 32, December 26,1950). 21122..190 Rejection of map. The plan ning c ommission a nd the city coun cil may reject a tenta tive map if the o nly practical use which c an be made of the property, as proposed to be subdivided; is a use prohibited by a ny ordinan ce, statute, law, or other valid regulati on, or if the prope rty is deemed to be un healthful fo r occupancy. (Ord. 1316 § 3.34, December 1950). laa N ..r — !. .. M OP MS all NM OM— e MB E WO MN NMI O (b) Street center lines. Street center lines shall be required to in- tersect on e another at an angle as near to a right angle as is practic able by tangents not less than se venty-five feet in length. (c) Turn -around . Where nee n ary to give access to or permit a satisfactory future s ubdivision of adjoining la nd, streets shall e xtend to the boundary of the pr operty and the resulting deadend street s may be approved with out a turn around . In all other cases a t urn around having a minimum radius of forty feet shall be required. (d) Intersecti on corner rou nding . Whe never a major street or st ate highway intersects any other street or highway, the property li nes at each block corner shall be r ounded with a curve having a radium of not less th an ten feet. On all other street i ntersections the property line at each block corner shall be rounded with • curve having a. radi us of not less tha n fiv e feet. In either case, a greater curve radius may be required if streets intersect at other than right angles. This paragraph sh all not apply at in- tersections where there are no building setb ack req uirements. (e) Curve radii. The center line curve radii on all streets and high- ways shall confo rm to accepted engineering standards of design and shall be subject to approva l by the city engineer. (f) Grades of streets and highways. No major or' wec ondary street or highway shall have a grade of more than seven perce nt . No other street or highway shall have a gra de of more than fifteen percent unless, be- cause of topographical conditions or other excepti on al co nditions, the city engineer determines that a grade in excess of fiftee n percent is necessary. (g) Access strips. Reserved strips controlling the ac cess to public ways or which will not prov e., taxable for special improvements, will not be approved unless su ch strips are necessary for the protection of the pu blic welfa re or of substantia l property rights, or both, and in no case ex cept in which the control and disposal of th,., land comprising such strips is placed definitely within the jurisdiction of the city under condi- tions approved by the city co uncil. (Ord. 1316 4 513, December 26, 1950). 21.2440 Streets and highways —Widths. Streets an d highways not shown on any master street and highway plan or affected by proceedings initiated by the city coun cil or approved by the city coun cil upon initiation by other legally constituted govern men tal bodies shall n ot be of less width than those set forth hereunder, ex cept where ft can be shown by the sub- div ider, to the satisfaction of the planning commission, that the topography or the small number of lots served and the probable futu re traffic develol.- men t are such as to unquestionably ju stify a n arrower width. In crea sed widths ma y be required where str eets are to serve co mmercial pro perty, or where proba ble traffic condition s warran t su ch increa sed widths. (a) Major streets or highways, right-of-way: ninety feet to o ne hundred feet. (b) Second, :- streets or highways. right-o f-way: sev enty feet to eighty feet. Ic) Local streets, minimum right-of-way: sixty feet, ex cept in hill- side areas where, because of topographical co nditions or other exceptional conditions, the city engineer determines that a lesser right-of-way is neces- nary. -40- (d) C ul-de-s ac streets and service roads when not o ver three hundred fifty feet in length, mi nimum right- of-way: fifty feet, except in hillside areas where, beca use of topog- %phical conditions or other exceptional c onditio ns, the city e ngineer determines that a lesser right-of-way is (e) Private streets, as required for proper access in each p articular case. (Ord . 1316 * 5 .14, as amended by Ord. 1912 January 11, 1980). • 21. 20.050 Service reeds and off-street parking. Whe n lots proposed fo r commercial usage fr ont on any major or sec ondary street or highway, the su bdivider may be required to dedicate and improve a service road to provide ingress and egress to and from such lots, or in lieu thereof, if approv ed by the planing commission, the s ubdivider may d edic ate for public use a nd improve an area adjace nt to such lets for off-street parking pu rpo es. When any lots pr oposed for residential use front on any free- way, state highway or parkway, the subdivider shall dedicate and improve a service road at the fro nt of such lots, unless such is already exi stent as a part of such freeway or parkway. In addition to any requirement for a service road, the : plan ning coo n may require adequate off- street pa rking areas for all lots proposed for commercial use. (Ord . 1316 k 5.15, December 26, 1950) . 21.20. 000 N oi avicess and planting strips. When the rear or side lines of any lets border a ny major or s econdary street, highway or parkway, the subdivider may be required to ex ecute and deliver to the city an instru- men t, deemed sufficien t by the city attorney, prof luting the right io[ ingress and egress to such Iota across the side lines of such str eets or highwa ys. When the r ea r or side lines of any lots border any freeway, state highway or parkway, the su bdivider may be required to dedicate a nd improv e a planting strip adjacent to such parkway or freeway . (Ord. 1318 $ 5.16, December 26, 1950) . 21.202 70 ABeys. Whe n any lots proposed for dustrial usage , a lleys at lea nt twenty ' t in width ma y be requ ired at the rear thereof with adequa te ingres an d egress for truck tra ffic. (Ord. 1316 8 5.17, as amended by Ord. 2119 No vember 26, 1962). 21.20.861 Street Eames. All street names shall be as approved by the c ity cou ncil and no duplication a' street names shall be permitted. (Ord. 1318 ; 5.18, December 26,1950). 21.20.090 Acre lot ssbdivislon. Where a parcel is subdivided into a tract of lots of one a cre or mo re, the blocks shall be of su ch rise an d shape a nd be so divided in to lots as to prov ide for the extension and open ing of streets and alleys at such intervals as will permit a su bsequent division of a ny pa rcel into lots of smaller lega l aim. (Ord. 1316 $ 5.19, December 26, 1950) . 21.20100 Za ssossais The subdivider aball gran t easemen ts not lase than live feet in width for public utility, sanitary hewer and drain age pe r - poses on each side of rear lot linos, alon g side lot lines and in planting strips wher ever necessary, provided easements of lesser width m ay be -41- allowed when at the determi natio n of the city engineer the purposes of ease- ments m ay be accomplished by easements of lesser width a nd pro vided f urther that in such determin ati on the city engi neer shall prescribe the width of such easements. Dedication of e aseme nts sh all be to the city for the p urpos e of installing utilities, planti ng strips and for other public purposes as may be orderee or directed by the city council. Easements for overhead pole lines and anchors shall be provided at the rear of all lots, except where alleys are available. (Ord. 1316 1 5 .20, December 26, 1950). 21. 20.110 Lots. The size and shape of lots shall be in conformance with any zoning regul ations effective in the area of the proposed sub- division and as shown on the zo ning m ap, and no lot shall be less than si xty feet in width, nor leas than one hundred feet in depth, exc ept residential lots on curved or cul-de-sac streets, shall have a mi nimum width at the building setback lin e of sixty feet, nor leas than one hu ndred feet average depth, no r less than six thousand square feet in area . The pl anning com- mission may recommend the granting of exception to this p rovision where lots are to be used for commercial or industrial purpose s or where there a: a unusual topogra phical con ditions, curved or cul-de-sac streets or other special condition s. (Ord. 1316 $ 5.31, as ame nded by Ord. 1398 April 28, 1952). 21. 20.120 Side lot lines. The side lin es of all lots, so far as possible, shall be at right an gles to streets or radial or appro ximately radi al to curved streets. (Ord. 1316 5 5. 32, Dec tuber 26, 1950). 2L20.130 Divided io ta. No lot shall be divided by a city bou nd ary lin (Ord. 1318 5.33, December 26, 1.950) . 2L20.140 Inter'ar dots with double frontage. Interior lots having do uble fronta ge will not be approv ed. (Ord. 1316 1 5.34, December 26, 1950). 2L20.150 Walkways. The subdivider ma y be required to dedicate and impro ve walkways through long blocks, or to pr ovide access to school, pa rk or other public areas. (Ord. 1316 i 5.40, December 26, 1950)• x;1.20.1®0 Water . ooa .•a es. T he subdivider shall, 'o bject to ripa rian rights, dedicate a right-of-way for storm drain age pu rposes co nforming substantially with the lines of any na tural water co urse or channel, stream or creek that tra verses the su bdiv ision. In addition, if a parcel of la nd to be subdivided includes a portion of the right-of-way to be acquired for flood con tro l or drainage purposes and the city council shall determine the boundaries of the r ight-of-wa y to be a cquire d, the subdivider shall eitLer dedicate or withhold from subdivision all the area include d in the right-of-wa y. (Ord. 1316 1 5. 51, as amen ded by Ord. 1806 Augv 't 11, 1968). 21. 20.170 Lad subject to iseudatlea. If any portion of any land, with- in the boundaries shown on any such fina l ma p or record of su rvey map, is su bject to overflow, inun da tion or flood hazard by storm water s, su ch fa ct and the portion shall be clearly shown on su ch final map or record -42- of survey map, enclosed in a border on each sheet of the map. (Ord. 1316 $ 5.60, December 26, 1950). 21.20.180 Mast er plan . In all respects, the s ubdivi sion will be con- sidered in relation to the master plan of the city, or any part thereof, or preliminary plans m ade in a nticip ation there of. (Ord. 1316 $ 5.70, De- cember 26, 1950). 21. 20.190 Deed restrictio ns . Two copies of any proposed deed restric- tions shall be filed with the city e ngi neer at the time of filing of the fin al map. (Ord. 1316 $ 5.80, December 28, 1950) . 1 7 1 1 s 1 1 0 t 1 1 1 Sections: 21.28 .010 21 .28.020 21.28.030 21.28.040 Ch apt er 21.28 EXCEPTIONS Application for conditi onal exceptions. Action by pl anni ng commission. Rec ommendations to c ouncil. Action by city council. 21. 28. 010 Application for conditio nal e xceptions. The pl anning c om- mission may recommend that the city c ou ncil authorize conditional excep- tions to any of the requirements and reg ulations set f orth in this title . Ap- plica tion for any such exceptio n shall be made by a petition of the sub- div ider, stating fully the grounds of the applic atio n a nd the f acts relied upon by the petitioner. Such petition shall be filed with the tent ative map of the subdiv ision. In order for the pr operty referred to in the petition to come within the provisions of this secti on, it shall be necessary that the planning co mmissio n sha ll find the following facts w th respect thereto: (a) There are specia l circumstances or conditio ns affecting the prop- erty. The exceptio n is necessary for the pre servatio n and e njoyment of a su bstan tial property right of the petiti oner. (c) The gra nting of the exc eption will not be detrime ntal to the public welfare or injurious to other pr operty in the territ ory in which ti.e property is situated. (Ord. 1316 § 7.10, December 26, 1950) . 21.28.020 Action by plann ing commission. In recommending s uch ex- ceptio ns, the planning commission shall secure su bstantially the objec- tives of the regulation s to which exceptions are requested, and shall act to protect the pu blic health, safety, convenience and general welfare . (Ord. 1316 1 7.20, December 26, 1950) . !L28.636 Re commendations to eousse8. In recommending the autho r- isation of any exception under the provision s of this chapter, the planning cosn misdon shall report to the city council its fin din gs with respect thereto an d all facts in connection ther ewith, and sha ll specifically an d fully set forth the exception recommended and the conditions designated. (Ord. 1316 7. 22, D ecember 26, 1950). 21.28.060 Adieu by city council. Upon receipt of su ch repo rt the city council may by resolution authorize the plann ing commission to approv e the tenta tive map with the exceptions and conditions the city council deems necessary to substantially secure the objectives of this title. (O rd. 1316 7.30, December 26,19!0) . -44-