HomeMy WebLinkAbout3.3 TOWN OF LOS ALTOS HILLS December 8, 2005
Staff Report to the Planning Commission
RE: A REQUEST FOR AN EXCEPTION TO SECTION 10-1.507(C)(6) OF THE
MUNICIPAL CODE FOR A SIX FOOT (6') TALL BROWN VINYL COATED
CHAIN LINK FENCE ALONG THE BOUNDARY OF AN EXISTING
CONSERVATION EASEMENT. THE CODE REQUIRES OPENINGS FOR
FREE PASSAGE OF WILDLIFE AND SPLIT-RAIL TYPE FENCE. THE
REQUEST FOR THE EXCEPTION IS PURSUANT TO SECTION 10-1.507(D)
LANDS OF PERRELL; 26411 ESHNER COURT;FILE#166-05-ZP.
FROM: Brian Froelich, Assistant Planner ,FI-3:7
APPROVED BY: Carl Cahill, Planning Director �.
RECOMMENDATION That the Planning Commission:
Approve the requested exception to allow 150 feet of six foot tall, brown vinyl coated
chain link fence along an existing conservation easement boundary citing the applicant's
findings outlined in attachment#2 (26411 Eshner Court) and subject to the recommended
conditions of approval in attachment#1.
ALTERNATIVE
Deny the proposed fence material exception and require a split-rail type fence per Section
10-507(c)(6).
CODE REQUIREMENTS
Section 10-1.507 of the Los Altos Hills Municipal Code regulates fences, walls, gates,
and columns. The proposal does not meet the requirements of said Section, therefore,
requires Planning Commission review pursuant to Section 10-1.507(d) of the Municipal
Code. Section 10-1.507(d) outlines three findings that must be made in the affirmative in
order to approve any exception to Section 10-1.507.
BACKGROUND
The subject property is located to the west of Altamont Road on Eshner Court. The site is
currently undeveloped and is being used for construction staging of the new residence at
26300 Silent Hills Lane. An undeveloped residential site is located to the north on Eshner
Court (Lands of Hu). A 21,250 square foot Conservation Easement currently exists in the
northeast corner of the subject property.
DISCUSSION
The property owner proposes a six foot (6') tall vinyl coated chain link fence along the
northern boundary of the subject property. Approximately 150 linear feet of the proposed
fence is along the aforementioned Conservation Easement boundary.
Planning Commission
Lands of Perrell
26411 Eshner Court
December 8,2005
Page 2
Section 10-507(c)(6) Open Space/Conservation Easement perimeter fences shall provide
openings sufficient to accommodate the free r ----•�•-"- , r, .
passage of wildlife through the easement, such as rr �`' r' t; Y.•�
a split-rail wood fence (see exhibit). Where a � •, �, 1 uvcn
pathway is located within an open -
space%onservation easement, the open perimeter
fence shall be required to have at least two ;� ';,'. r. �• .r
openings no less than the width of the pathway '� • �� s+e,,,�;�� _'x
openings ��:�•:�
easement. a,' ,�'•t# �ti.,.. �F1::..t•,. r.. lr
The easement was established per conditions of a 4-lot subdivision recorded in October,
1998. The easement agreement (attachment #4) restricts the owner from extraction of
natural resources, grading, and cutting vegetation. The area has steep slopes (over 30%)
and over 25 oak trees. Wildlife is not specifically noted in the Conservation Easement
Agreement. Further, this easement is isolated from other Open Space/Conservation
Easements and from areas designated by the General Plan Land Use Map as Open Space
Preserve. This easement does not appear to be a part of a larger preservation area for
wildlife migration.
If the Commission approves this project, staff has included a specific condition that the
fence be installed to provide a one foot tall (measured from grade to the bottom of the
fence) x 10 foot wide (1' x 10') opening approximately every 50 feet for a total of three
(3) such openings for this 150 foot length of fence. This opening would provide passage
for small wildlife.
Findings for approval have been submitted by the applicant (attachment#2).
ATTACHMENTS
1. Recommended Conditions of Approval, 26411 Eshner Court
2. Findings for the Exception prepared by Charles Perrell
3. Conservation Easement Agreement, October 21, 1998
4. Letter of support from neighbor
5. Fence plans for items 3.2 and 3.3 (Commission only)
Cc: Charles F. Perrell
1405 Fairway Drive
Los Altos, CA 94024
Planning Commission
Lands of Perrell
26411 Eshner Court
December 8,2005
Page 3
ATTACHMENT 1
RECON MENDED CONDITIONS FOR AN EXCEPTION TO ALLOW A
CHAINLINK FENCE WHERE SPLIT RAIL IS REQUIRED.
LANDS OF PERRELL, 26411 ESHNER COURT
File#166-05-ZP
A. PLANNING DEPARTMENT:
1. The fence shall not encroach upon or cross any easement.
2. The applicant shall provide a one foot tall (measured from grade to the bottom of the fence)x
10 foot wide (1' x 10') opening every 50 feet along the fence for a total of three (3) such
openings for this 150 foot length of fence. Planning staff will work with the applicant to
determine the exact location of the openings in the field.
3. This approval is for a vinyl coated chain link fence (brown) with a maximum height of 6
feet.No other structures or installations shown on the plan are approved with this permit.
4. The location,height,and materials of the fence shall be constructed according to the approved
plans. Any changes to the location,height, or construction shall first be approved by the Site
Development Authority.
5. The property owner shall be responsible for confirming all property line and easement
locations and verify that new installations are located within the property. If a property line
dispute results from this installation, it is a civil matter and the Town of Los Altos Hills
cannot assist in determining the property line location or resolving the dispute.
6. Height is measured from the finished grade to the top of the fence, gate, or column at any
point(including post/column caps/decorative feature).
7. The approval of this fence plan shall not be construed to be a permit for any violation of any
code,policy,or ordinance.
8. No additional exterior lighting is approved with this permit.
9. Upon completion of construction, the applicant shall arrange a final inspection with the
Planning Department.
B. ENGINEERING DEPARTMENT:
10. Any, and all, changes to the proposed grading and drainage shall first be approved by the
Town Engineering Department. No grading shall take place during the grading moratorium
(November 1 to April 1)except with prior approval from the City Engineer. No grading shall
take place within ten feet of any property line.
11. Any,and all,areas on the project site that have the native material disturbed shall be protected
for erosion control during the rainy season and shall be replanted prior to final inspection.
ATTACHMENT
October 19, 2005 RECEEIVEP
0 C T 1 J 2005
Town Hall—Planning Dept.
26379 Fremont Road TOWN OF LOS ALTOS HUS
Los Altos Hills,CA 94024
Attention:Mr.Brian Froelich
RE: 26300 Silent Hills Lane Fence Site Development Application
26411 Eshner Court Fence and Gate Site Development Application
Dear Mr.Froelich:
Here is the information you requested to append my applications for fence and gate site development.
1. Findings for Silent Hills proposed fence:
a. Security: the six foot fence protects residents, guests and property. There have been
four reported incidents of vandalism and one theft in just the past six months on this
property. Deer will destroy (as they did three years ago when a vandal opened the
temporary fence on a weekend) the vineyard and new plantings; coyotes (seen on
property even during construction)are a threat to small children and to the owners'25
lb.dog.
b. The height and design of the proposed fence is in balance with the rest of the site and
the neighborhood.The only other existing residence on Silent Hills Lane,the Clearys,
has a six foot cyclone fence as well.The only other Silent Hills Lane lot is owned by
Tom LeFevre, and he supports this fence as does the adjacent neighbor,the Hortons
(letters provided to Town). Numerous neighbors use similar fence of this height with
similar or less setback(on Julietta,Byne Park,Carrington Circle;Natoma,et al).
c. The rural character is preserved. The fence does not interfere with views. The see
through fence shows the vineyard, and since the hills rises behind the fence, the
landscape of oaks is dramatically visible. There is a nice setback of over 30' which
will be landscaped with a native look.
d. The proposed development is approved and in compliance with all regulations and
policies of the Site Development ordinance. PG&E has provided written approval for
the section of fence that intersects the unused utility easement.
2. Findings for Eshner proposed fence/gate:
a. Security: the six foot fence protects residents, guests and property. There have been
four reported incidents of vandalism in just the past six months on this property. Deer
will destroy(as they did three years ago when a vandal opened the temporary fence on
a weekend)the vineyard on the contiguous Silent Hills property and new plantings;
coyotes(seen on property even during construction)are a threat to small children and
to the owners'25 lb.dog.
b. The height and design of the proposed fence and gate create a proper, attractive,
balanced appearance with the rest of the site and the neighborhood. The adjacent Iot's
Exhibit SH
owner, the Hu family, approves the proposed fence and gate plan (letter provided to
Town).
c. The conservation easement does not extend onto the adjacent Hu property, so the
proposed fence does not bisect the easement. The easement was intended and granted
to prevent building on the steep grade and to preserve the large oaks. The proposed
fence does not conflict with the intent of the conservation easement: it is not an `open'
space for wildlife migration. Deer use the Pathway on this property to travel to/from
the Packard orchard.
d. The rural character of the site is preserved.Note the owners have no current plans to
build a home on this lot (each day of preservation has value). The fence does not
interfere with views. The see-through fence and gate are below the hillside with the
landscape of oaks dramatically visible.
e. The proposed development(none besides the fence/gate and native look landscaping)
is in compliance with all regulations and policies in the Site Development ordinance.
3. Nine sets of plans:
a. L 1.1 site plan showing both (in bubble) the Silent Hills and Eshner proposed
fences/gate.
b. Elevation sketch of proposed Eshner gate.
rely,
Charles F. Perrell
1405 Fairway Drive Los Altos,CA 94024
DOCUMENT: 14576776 Titles 1 / Pages: 7
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Thi
ForsthecBenefitument sofetheded w6014576776A CopAMT i es.PAID
Town of Los Altos Hills
And is Exempt from Fee
Per Government Code BRENDA DAVIS RDE # 008
Sections 6103 and 27383 SANTA CLARA COUNTY RECORDER 12/30/1998
Recorded at the request of 2: 14 PM
When Recorded, Mail to: City
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
AGREEMENT FOR CONSERVATION EASEMENT
This agreement, made and entered into this 21-,t- day of
October , 1998, by and between THOMAS H.A. LE FEVRE, as
Trustee, or his successors, of the Thomas H.A. Le Fevre Revocable
Trust dated April 9, 1997, ("Owner" ) and the Town of Los Altos
Hills, a municipal corporation, ("Town") .
RECITALS
A. Owner is the owner of certain real property in the Town
described as follows :
Designated Remainder as shown on that certain
map entitled "Parcel Map Lands of Eshner et al"
which Map was filed for Record in the Office
of the Recorder of the County of Santa Clara
State of California on April 1, 1991 in Book
625 pages 4, 5 and G .
B. Town has adopted a General Plan and, pursuant thereto,
may accept grants of conservation and open space easements on
privately owned lands lying within the Town.
C. Town finds this conservation easement to be consistent
with the adopted Town' s General Plan and in the best interest of
the Town.
1 3\1ah\re\1efe-ce.agm
D. Both Owner and Town desire to limit the use of a portion
of the property described above by dedication of a conservation
easement in order to reduce potential adverse impacts on such land
including grading, vegetation removal, and erosion, recognizing
that such land is essentially unimproved and if retained in its
natural state has substantial scenic value to the public and that
the preservation of such land as open space constitutes an
important physical, social, aesthetic and economic asset to the
Town and the Owner.
NOW, THEREFORE, the parties, in consideration of the mutual
covenants and conditions set forth herein and the substantial
public benefits to be derived therefrom, do hereby agree as
follows :
1 . Grant of Conservation Easement. Owner, as grantor, hereby
grants a conservation easement to the Town of Los Altos Hills, a
municipal corporation, County of Santa Clara, State of California,
over the real property described and shown on as Exhibit A hereto
(the "Property") to have and to hold said conservation easement for
the term and for the purposes and subject to the conditions,
covenants and exceptions described herein.
2 . Statutory Authorization. This ' Agreement and grant of
conservation easement are made and entered into pursuant to Civil
Code Sections 815 through 816 and Chapter 6 . 6 (commencing with
section (51070) of Part 1, Division 1, Title 5 of the Government
Code. This Agreement is subject to all of the provisions of said
sections and chapter including any amendments thereto which may
hereafter be enacted.
3 . Restriction on Use of Property. During the term of this
Agreement and the conservation easement granted herein, the
Property shall not be used for any purpose other than a
conservation easement and those uses related to or compatible
therewith. Owner, for the direct benefit of the Property described
herein and of the Owner, hereby declares that the Property shall be
subject to restrictive covenants running with the land which shall
be binding upon all subsequent grantees . Said restrictive
covenants shall be:
a. against the right of Owner to construct any
improvements on or within the Property except for public and
private utilities easements and paths dedicated to the Town,
provided these reserved exceptions shall be consistent with the
purposes of law and shall not permit any action which will be
2 3\Iah\re\1efe-Ce.agm
incompatible with maintaining the preserving the natural or scenic
character of the land; and
b. against the extraction of natural resources or other
activities which may destroy the unique physical and scenic
characteristic of the land; and
C . against the grading of land other than attendant to
permitted uses; and
d. against the cutting of vegetation, except as may be
required for fire prevention, thinning, elimination of diseased
growth, and similar measures .
The City Council of the Town may authorize exceptions to
the foregoing restrictive covenants, provided such exceptions are
consistent with the purposes of law and not incompatible with
maintaining and preserving the natural character of the land.
4 . Restrictions on Public Use. The public shall not have a
right of entry upon the Property. The right of entry and surface
use is limited solely to the Town, but only for the purpose of
inspection of landscaping, trees or natural growth upon the
Property.
5 . Term of Agreement . This conservation easement and
Agreement shall be effective on the date of recordation of this
Agreement and shall remain in effect in perpetuity, unless
abandoned pursuant to Government Code Sections 51093 and 51094, or
any successor legislation.
6 . Successors in Interest . This Agreement and the
conservation easement shall run with the Property and shall be
3 3\1ah\re\1efe-ce.agm
binding upon and inure to the benefit of the heirs, successors and
assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement .
OWNER
Date: N 1-9.98
THOMAS H. A. LE FEVRE, Trustee
of the Thomas H.A. Le Fevre
Revocable Trust dated April 9,
1997
TOWN OF LOS AL S HI S
Date: November 4 , 1998 By:
Its: Mayor
ATTEST
City Clerk
4 3\1ah\re\1efe-ce.agm
STATE OF CALIFORNIA )
) ss :
COUNTY OF Sa.t*a Clara)
On Ubl)p„ober 4_, 1998, before me, the undersigned Notary Public,
personally appeared THOMAS H. A. LE FEVRE, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the
instrument .
WITNESS my hand and official seal . SU7ANNEDAVIS
Commission#1081074 Z
Z
z ONMY
Notary Public—Califomla D
Santa Clara County
Signature wv/s Comm.Expires Dec.17,1999
STATE OF CALIFORNIA )
ss :
COUNTY OF )
On 1998, before me, the undersigned Notary Public,
personally appeared , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the
instrument .
WITNESS my hand and official seal .
Signature
5 3\1ah\re\1efe-ce.agm
Exhibit "A"
All that certain real property situated in the Town of Los Altos Hills, County of
Santa Clara, State of California and described as:
A portion of Lot No. 2 as shown on the Parcel Map filed on L arc — IQ , in
Book 11 of Maps, at Pages 'A S , in the Office of the Recorder,
County of Santa Clara.
^
. , ,, """Coo^wnENU -Y
September 2G. 2DU5
Town of Los Altos Hills
Planning
26379 Fremont Road
Los Altos Hills, CA94822
Re: ParreUlots 263OOSilent Hills Lane and 20411EshnerCourt
Dear Planning Staff:
| support the Pornel|'sfenckno/oateplans for both their Silent Hills and Eshne/Court lots.
We kook forward to aaainQ the completed project and feel it will be an attractive addition to the
neighborhood.
'
Sincerely,
Michelle Hu
204D1EahnarCourt,Los Altos Hills
086t-6t,6-090 11eua6 )R uiw»el|In8 d9C:00 SO ZZ daS