Woodside Municipal Code § 151.05 Definitions

This chapter shall be known and may be cited as the "Site Development Law of the Town of Woodside" and will be referred to in this chapter as "this chapter."

(1975 Code, § 7-4.01) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

(A) This chapter is adopted pursuant to Section II of Article XI of the Constitution of the State and the general laws of the state.

(1975 Code, § 7-4.02)

(B) The provisions of this chapter shall apply to all site development within the Town as set forth in Section 151.20.

(1975 Code, § 7-4.03) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

This chapter is adopted to promote the public safety and general public welfare, to implement the general plan and zoning and subdivision provisions, and specifically to:

(A) Standards and procedures. Protect public and private lands from erosion, earth movement, flooding, and degradation of water quality and ensure the maximum preservation of the natural and scenic character of the Town by establishing minimum standards and requirements relating to land grading, excavations and fills, erosion control and sedimentation control, quality of materials, and installations of basements, driveways, swimming pools, sportcourts, and creek crossings and by establishing procedures by which such standards and requirements may be enforced; and

(B) Harmonize development. Ensure that the site development work on each site harmoniously relates to adjacent lands and minimizes physical problems which could result in safety hazards or increased maintenance costs.

(1975 Code, § 7-4.04) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

(A) Regulatory rule. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, except where they are expressly stated to be maximum requirements. It is not intended to impair or interfere with any private restriction placed upon property by covenant or deed; provided, however, where this chapter imposes higher standards or a greater restriction upon the development of land than is imposed or required by such private restrictions, the provisions of this chapter shall control.

(B) Regulatory control. Whenever any provision of this chapter and any other provision of law, whether set forth in this chapter or in any other law, ordinance, or resolution of any kind, imposes overlapping or contradictory regulations over the development of land, or contains restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards or requirements shall govern.

(1975 Code, § 7-4.05) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AVERAGE GROUND SLOPE. The average ground slope of the entire lot as expressed by the formula:

S = 0.00229IL A

where

S = Average ground slope in percent

I = Contour interval in feet

L = Combined length of the contour lines in feet; and

A = The gross area in acres of the parcel or lot.

Measurements along contours shall be made at contour intervals not to exceed ten feet, and a horizontal map scale of one inch equals 200 feet or larger.

BACKFILL. The replacement of removed earth materials from excavations with excavated or approved new material, such as sand, gravel, rock, or earth.

BASEMENT. An improved or unimproved space which is fully or partially below the existing grade or finished grade, whichever is lower, so that the vertical distance from the adjoining ground to the top of the interior structural ceiling is no more than two feet above grade. This shall include below grade patios, vehicular tunnels including the driveway approach, and egress/light wells, but does not include crawl space.

BASEMENT, DAYLIGHTED. An improved or unimproved space which is partially below the existing grade or finished grade, whichever is lower, so that the vertical distance from the adjoining ground to the top of the interior structural ceiling is more than two feet above grade. Daylighted basements do not include crawl space. Daylighted basements count towards total floor area pursuant to Section 153.206.

BEDROCK. The undisturbed rock exposed or beneath the soil.

BENCH. A relatively level step excavated into earth materials.

BUILDING PERMIT. A permit issued by the Town for the construction, erection, or alteration of a structure or building.

CERTIFICATION. A statement that required inspections and tests have been performed and that such tests comply with the applicable requirements of this chapter.

CLEARING. The removal of vegetation but shall not include normal vegetation pruning.

COMPACTION. The consolidation of fill material by mechanical means.

CONTOUR GRADING. Grading which minimizes abrupt changes in the contour of graded areas in order to obtain a natural appearance.

CRAWL SPACE. Areas under an above grade structure or adjacent to a basement with an interior finished ceiling height of no more than four feet.

CUT. Excavation and removal of soil (or other substrate material) from a site.

DRIVEWAY. A way or route for use by vehicular traffic leading from a parking area or from a house, garage, or other structure to the road.

EROSION. The wearing away of the ground surface as a result of the movement of wind or water.

EXCAVATION. Any act by which earth, sand, gravel, rock, or any other similar material is cut into, dug, quarried, removed, displaced, relocated, or bulldozed or the conditions resulting there from.

FILL. A deposit of earth, sand, gravel, or rock materials.

FOUNDATION PIERS. Vertical foundation members drilled or driven into soil or bedrock.

GRADE. The elevation of the ground surface.

GRADE, EXISTING. The elevation of the ground surface prior to excavation or filling.

GRADE, FINISHED. The elevation of the ground surface after the completion of all grading.

GRADING. An excavation or fill, or the stockpiling or any combination thereof, or the conditions resulting from any excavation or fill. All grading quantities shall be measured in their compacted state.

GRADING, BASEMENT AND DAYLIGHTED BASEMENT. Basement size is determined by the maximum allowable basement grading. Grading quantities for basements and daylighted basements are calculated to the exterior of the basement structural walls. Basement and daylighted basement grading does not include the area required for any over-excavation required to construct the basement or daylighted basement. Basement and daylighted basement grading is calculated using the formula in Section 151.22(C)(1). Basement and daylighted basement grading is not included in site grading.

GRADING, SITE. The process of adjusting the slope and elevation, excluding any grading listed in §§ 151.20(A)(11) and 151.20(B).

IMPERVIOUS AREA. Material that is not permeable by water or other fluids. Material that functions as a barrier to water infiltration into the soil (e.g., most concrete, asphalt, tile, and plastic lining).

IMPORTED MATERIAL. Earth material acquired from an off-site location for use in on-site grading.

KEYWAY. A Benched area cut into subsurface materials intended to support fill.

NATURAL STATE. Designated portion(s) of a lot that shall remain, with no grading, terrain alteration, keeping of livestock (see Section 115.12, Private Stable Regulations, for further details on keeping of horses), or tilling of natural vegetation (except as may be required for public safety, fire safety, or the development of Town designated trails), pursuant to WMC Section 153.415(B). Previously disturbed areas may be reclaimed through grading and/or native planting, pursuant to WMC Section 153.416.

NATURAL STATE RESTORATION AREAS. Previously disturbed portion(s) of a lot, where grading and restoration are allowed as part of the site development permit, to restore a lot or portion thereof, to its natural, pre-development era condition, or to restore a lot following land movement or other disturbance and/or climate related phenomena. Natural state restoration areas may be reclaimed as natural state, pursuant to WMC Section 153.416.

OWNER. The individual, firm, partnership, association, trustee, or corporation who or which:

(1) Is the fee owner of record of the property for which a site development permit is to be considered or issued; or

(2) In the case of fractionally owned fee interests, is the person or agent authorized by all the fee owners to commence and maintain proceedings to obtain a site development permit.

PERMITTEE. The owner or any person authorized by the owner to apply for a site development permit.

PERSON. A natural person or his/her heirs, executors, administrators, or assigns; or a firm, partnership, or a public or private corporation or its successors or assigns; or the agent of any of such.

PLANNING COMMISSION. The Planning Commission of the Town of Woodside.

PLANNING DIRECTOR. The Director of the Planning Department of the Town of Woodside, California, or the designee of the Director.

ROAD. Any public or private thoroughfare which affords the principal means of access to abutting properties.

SITE. An area capable of supporting a permitted principal use and meeting the required conditions prescribed in the zoning district in which the lot is situated.

SITE DEVELOPMENT. Any alteration of terrain or removal of vegetation for the purpose of preparing land for any land use.

SITE DEVELOPMENT PERMIT. A permit required for all activities listed in Section 151.20.

STOCKPILING. A temporary storage of earth, rock, sand, gravel, or other similar materials.

STRUCTURE, ABOVE GRADE. A structure fully enclosed by walls and a roof that has a plate height of at least six feet.

TOWN ENGINEER. The Engineer of the Town of Woodside.

TOWN GEOLOGIST. The Geologist of the Town of Woodside.

TRENCHING. Subsurface excavations to create ditches or trenches for drainage or utility purposes. Trenching shall not be included as site grading for the purposes of this chapter.

TUNNEL. A below grade, enclosed structure that connects to either an outdoor space(s) or a building(s), or any combination thereof.

TUNNEL, VEHICULAR. A below grade, enclosed structure that provides access to above or below grade vehicular parking.

VAULT. A subsurface area, to a maximum excavated depth of four feet, with a functional/removable lid that is not located wholly or partially under a structure and contains utility mechanical, electrical, communication, plumbing, or similar equipment.

(1975 Code, § 7-4.06) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16; Am. Ord. 2018-596, § 2(Exh. A, I), effective 10-26-18; Am. Ord. 2020-612, § 2(Exh. A), effective 10-22-20)

Failure of the Town officials to observe or recognize hazardous or scarring conditions which may adversely affect the economic value of other property in the vicinity, or to recommend the denial of a site development permit, or the failure of the Planning Commission to deny such permit shall not relieve the permittee of responsibility for the conditions or damages resulting therefrom and shall not result in the Town, or its officers or agents, being responsible for the conditions or damages resulting therefrom.

(1975 Code, § 7-4.17) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

Plans, permits, and geology/geotechnical reports shall be permanently retained by the Town in accordance with the Town's retention schedule, unless the Town Clerk deems otherwise.

(1975 Code, § 7-4.30) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)