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HomeMy WebLinkAbout4.3 4. 3 TOWN OF LOS ALTOS HILLS September 13, 1995 Staff Report to the Planning Commission RE: • NEGATIVE DECLARATION '.AND TENTATIVE TRACT MAP FOR A FOUR LOT SUBDIVISION,LANDS OF LE FEVRE; SOUTH SIDE OF ALTAMONT'ROAD,EAST OF JULIETTA LANE. FROM: Suzanne Davis,Planner . TD, ' APPROVED BY: Curtis S. Williams,planning ph • RECOMMENDATION: That the Planning Commission: 1. Recommend that the City Council adopt the.Negative Declaration and Tentative Map, subject to the attached findings and conditions of approval; OR _ . . .. _. .. . 2. Direct the applicant to revise plans as specified by the Planning Commission, and direct staff to make any necessary corrections to the Negative Declaration, findings and/or conditions of approval (suggested continuance date: October 11, 1995). . . BACKGROUND • The subject application was originally scheduled to be considered by the Planning Commission on August 9, 199 . The applicant requested a continuance to allow him to address concerns discussed in the staff report, and to meet with concerned neighbors. The applicant has met with residents of Julietta Lane, and with the Clearys who own..the property surrounded by Lands of LeFevre. The applicant and neighbors will report on the progress of those discussions at the meeting. This report will discuss changes whichhave been madeto the tentative map since August 9, 1995. The previous staff report,is attached.as much of the information is still pertinent. • DISCUSSION The following are staff comments on tile changes which have been made to the tentative map, and on new information received since August 9, 1995: Driveway and Access to the Cleary Property The existing:driveway which provides:access. to the Cleary property is now shown on the.tentative map:for informational purposes. The applicant has met with the Clearys to discuss their concerns about the project including the future } Planning Commission September 13, 1995 Lands of LeFevre Page 2 access to the Cleary property. The Clearys would prefer to have access to their property from the proposed new road (Elizabeth Court) rather than Silent Hills Lane, a private road to be constructed off Altamont Court. Although the applicant and the Clearys have discussed several options for access to the Cleary property, no agreement has been reached. The applicant may be able to offer further information on this issue at the public hearing date. Location of Elizabeth Court Intersection and Cul-de-sac The centerline of the proposed road and the driveway cut on Altamont Road will be staked on,the site. While the right-of-way for Elizabeth Court will be 60 feet wide, the actual paved roadway will be 20 to 24 feet. The roadway shown on the map represents the entire right-of-way. Trees The tentative map has been revised to accurately show the trees on lot 1. None of the proposed building sites has been changed. Some of the trees which are likely to be removed for development of the road, driveways and new residences are indicated on the map. The conceptual development plan shows that a house can be built without encroaching too close to major trees on lot. 2, and without removal of many trees on lot 1. The building footprints do not reflect as large a house that could potentially be built given the available MFA, so additional trees might be affected on those lots. Also, a 24-inch oak and two smaller oak trees • would need to be removed to accommodate the relocated intersection with Altamont Road. Pathways The Pathwakommittee has revised its recommendation and is requesting that a Type IIB path be constructed on thetop of the bank along Altamont Road. In addition, a 10 foot wide pathway easement is requested along the south and east boundaries of lot 2. The pathway easement will allow a future path from Julietta Lane to connect to the LeFevre property. Driveways will be required to be roughened where they cross any pathways, and planting and irrigation shall not be installed within five feet'of any path (see Attachment 3). Drainage The drainage that is shown for Elizabeth Court is currently being released onto private property within the subdivision. The Town is requiring a storm drain easement for the pipe from Elizabeth Court to Altamont Road. The Town is also requiring subdivision street drainage to be connected to the existing storm drain systems crossing Altamont Road. If there are any additional easements that are Planning Commission September 13, 1995 Lands of LeFevre Page 3 required off-site,the applicant must attempt to obtain the easements as a part of this project. Fire Department Review • Los Altos Fire Department reviewed an older version of the tentative map and recommended approval with the condition that a fire hydrant be installed in a location to be approved by the Fire Department. A copy of the current map has been forwarded to the Fire.Departmentfor review. :If there are any additional requirements, staff will advise:..the Planning Commission atthe:meeting. Other Issues The map does not show relinquishment of access for the frontage on Altamont Road beyond Elizabeth Court, and does not indicate that the road will be roughened at the pathway crossing. In addition, there is a possibility that lots 2 and 4 could be further subdivided,since,the lot unit factors are higher than 2.0; conceptual further subdivision should be shown unless .the Commission determines that such subdivision is not feasible, or if the lots are otherwise restricted. CONCLUSIONS Findings and conditions of approval have been prepared for the Commission's consideration, if approval is recommended. If the Commission chooses to defer action on the application, it should address.all of the above issues and direct the applicant and staff regarding appropriate revisions to the map, the Mitigated Negative. Declaration, Mitigation Monitoring.Program, the findings and/or conditions of.approval. Staff is available to answer any questions that the Planning Commission or public may have. ATTACHMENTS 1. Recommended Findings and Conditions of Approval 2. Pathways Committee recommenciation, dated Sept.6, 1995 (one page) 3. Draft Mitigation Monitoring Program 4. Staff Report to the Commission dated August 9, 1995,with attachments 5. Revised Tentative Map cc: Tom LeFevre. . . . ;Bill Kull 14850 Manuella Road iGiuliani.& Kull Los Altos Hills,CA 94022 20431 Stevens Creek Boulevard,Ste. 230 'Cupertino,CA 95014 Planning Commission September 131, 1995 Lands of LeFevre Page 4 FINDINGS FOR APPROVAL OF FOUR LOT,SUBDIVISION LANDS OF LE FEVRE - ALTAMONT ROAD 1. The subdivision as proposed would create four lots ranging in size from 1.21 acres to 8.83 gross acres,with Lot Unit Factors of from 1.04 to 3.69. In this and all other respects, the lots conform to the Town of Los Altos Hills Subdivision Ordinance. 2. The prioposed subdivision would create lots which would meet the General Plan standards of one acre minimum net lot area for land with an average slope between 0 and 10 percent, and one acre to seven acres for land with an average slope between 10 percent and 50 percent, and in all other respects would be consistent with the General Plan. 3. Access to all four lots is proposed off of a new public cul-de-sac off of Altamont Road. Adequate services, including sanitary sewer, water, fire and police protection, are available to serve the subdivision, as described in the attached information and the Mitigated Negative Declaration for the project. 4. All lots are physically suitable for the proposed development. The Town Geologist has stated concerns that can be addressed through mitigation • measures and conditions set forth in the Mitigated Negative Declaration and conditions of approval for the project. It has been determined that each of the newly proposed lots contains a site suitable for building. Therefore,the site is suitable for the proposed density of development. 5. Since all significant environmental effects of the project as identified in the Initial Study for the project have been mitigated as discussed in the Mitigated Negative Declaration, the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 6. All significant environmental effects of the project as identified in the Initial Study for the project have been mitigated as discussed in the Mitigated Negative Declaration, and therefore the design of the subdivision and the proposed improvements are not likely to cause serious public health problems. 7. The City Engineer and Planning Director have reviewed the project and have determined that the design of the subdivision and the improvements will not conflict with easements, acquired by the public at large,for access through or use of, property within the proposed subdivision, given the revisions to the existing conservation easement. c I Planning Commission September 13, 1995 Lands of LeFevre I Page 5 RECOMMENDED CONDITIONS OF APPROVAL - FOR FOUR LOT SUBDIVISION LANDS OF LE FEVR-ALTAMONT ROAD Geotechnical/Earthwork 1. The project geologic consultant shall review and approve all geotechnical aspects of the subdivision improvement plans to assure that the consultant's recommendations .have been -properlyincorporated as required by the Town Geologist. The results of the plan review shall be summarized in a letter by the project geotechnical engineer and submitted to the City Engineer for review and approval prior to final approval of the subdivision improvement plans. 2. The geotechnical consultant shall inspect,test(as needed), and approve all geotechnical aspects of the project construction. The inspections should include,but not necessarily be limited to: excavations, grading, and trench excavation and compaction. The results of these, inspections shall be described by the geotechnical consultant in a letter and submitted to the City Engineer for review prior to final project approval for the subdivision improvements and for each of the new residences. 3: The surface of the areas to be cut and filled at the site shallbe stripped, - cleared and grubbed to remove all existing vegetation and/or other deleterious materials. The actualidepth of stripping is unknown and shall be determined in the.field by the project Geotechnical Engineer. Stripped material from the site,,shall.not be used:as,engineeredfill but may be stockpiled and used later for landscaping purposes. Plans showing the exact areas to be stripped and depth of stripping shall be submitted for approval:'to the City Engineer .prior, to approval of the subdivision improvement plans. 4. Any non-engineered fill shall,be removed, or if required to remain in its current location, shall be recompcted as engineered fill. The actual extent of removal shall be determined in the field by the Geotechnical Engineer during grading and shall be accomplished to the satisfaction of the City Engineer prior.to final project approval. . - • Planning Commission September 0, 1995 Lands of LeFevre Page 6 Land and Easement Dedication 5. A 10 foot wide pathway easement shall be granted to the public along the east and south property lines of lot 2. Also,=additional pathway easement shall be granted for the Type UB path to be constructed along Altamont Road if it does not fit within the right-of-way. The pathway easement shall be kept clear of obstacles,vegetation and obstructions. The easement shall be accomplished as part of the subdivision Final Map. 6. The existing conservation easement on lot 4 shall be abandoned, and the new conservation easement shall be granted as shown on the approved tentative map. A second conservation easement shall be granted on that portion of lots 1 and 2 where the slope exceeds 30%. Major oak trees shall also be included in this conservation easement. The boundaries of the easement shall be approved by the Planning Department. The conservation easements shall be kept clear of structures. Clearing shall not be permitted, except for removal of poison oak. Any new planting within the conservation easements shall be native species. The cone vation easements shall be indicated on the Final Map and shall also be set out in separate easement documents to be approved by the City Attorney,prior to approval of the Final Map. 7. The Final Map shall provide for the requested' easements to all utility companies, including but not limited to: Pacific Bell,Pacific Gas &Electric Company arid cable television. 8. Vehicular access for Lots No. 1,3 and 4 shall be restricted.from Altamont Road and shall be accomplished as part of the Final Map to the satisfaction of the City Engineer and the City Attorney. 9. The applicant shall dedicate to the Town of Los Altos Hills a 60 foot public right-of-way as shown on the Tentative Map as Elizabeth Court (or other appro'ed street name). The dedication shall be accomplished as part of the Final Map'to the satisfaction of the City Engineer and shall be accepted at this time. 10. The applicant shall grant-public utility easements and public utility access easements to .the Town of Los Altos Hills where needed within the subdivision for utility construction and maintenance to the satisfaction of the City Engineer. This will provide access for installation and maintenance of the public water system. The applicant shall dedicate 15' wide sanitary sewer easements to the Town of Los Altos Hills at locations that are determined to the satisfaction of the City Engineer. The dedications shall be accomplished as part of the Final Map to the satisfaction of the City Engineer. Planning Commission September 13, 1995 Lands of LeFevre Page 7 Improvements . 11: A project grading plan which includes an.„approved;drainage.and erosion control plan to minimize theimpacts_from erosion and sedimentation shall be submitted to and approved by the,City Engineer prior to issuance of grading permits. This'plan shall conform to all standards adopted by the Town of Los Altos Hills and shall comply with all appropriate requirements of the Town's NPDES permit relative to grading and erosion/sediment control including,but not limited to: a) restricting grading during.the grading moratorium from.November 1.to April 1; b) protectingall finished gradedslopes from erosion using such.techniques as hill: slope benching, erosion: control matting,, hydroseeding; c) protecting downstream storm drinageinlets from sedimentation; d) use of silt fencing to retain sediment on the project site; e) any other suitable measures outlined in the Association of Bay Area Governments (ABAG) Manual of.Standards. _ .. , . 12. Thesite drainage -associated:with the proposed development must be designedas surface flow whenever possible to avoid concentration of the runoff. The' applicant shall construct drainage improvements: to the satisfaction of.the City- Engineer.' .The proposed storm drainage system shall bedesigned to maintain the existing flow patterns and shall be connected to the existing systems crossing Altamont Road. If inadequate, the applicant shallimprove the system and attempt to obtain all required easements,. to the satisfaction ;of the. .City Engineer... All drainage improvements shall be constructed or bonded for prior to recordation of the final.map. . • 13. Fire protection improvements including installation of a fire hydrant shall be constructed ,as requested by Los Altos Fire Protection District. Improvements shall be constructed;and ready,for use,_.or a bond posted to ensure completion,prior to the recordation of the Final Map. 14. - All lots within the subdivision shall be connected to the public water system as part-of the subdivision improvements. ,A water main shall be installed to serve the subdivision to the satisfaction of the City Engineer and the Purissima.Hills Water Ditrict,prior to the:recordation of the Final Map or be bonded for. Services'shall be installed to.the property lines. Any necessary fees shall be paid prior to recordation of the Final Map. . . Planning Commission September 1t3, 1995 Lands of Le evre 1 Page 8 1 1 15. All existing and proposed utilities located within the subdivision shall be placed underground, in accordance with Subdivision Ordinance, Sec. 9- 1.1105. Cable television, gas, electric, and telephone services, to the property lines are included in this requirement. Plans for location of all such utilities are to be included in the improvement plans .for the subdivision. Improvements shall be installed or bonded for prior to recoration of the Final Map. 16. -A sanitary sewer system shall be constructed on Altamont Road and Elizabeth Court to the satisfaction of the City Engineer and the City of Los Altos. Altamont Road shall be repaired to the satisfaction of the City Engineer upon completion of the sewer installation. The.affected-roadway shall be slurry sealed after the pavement ispatched,-as directed by the City Engineer. ' 1 17. The applicant shall design roadway improvements for Elizabeth Court (or other approved street name) to the satisfaction of the City Engineer. The usable paved width of the street shall be 22 feet. The terminus of the roadway shall be designed as a turnaround that is adequate for a fire truck, to the satisfaction of the City Engineer and Los Altos Fire Department. Improvements shall be constructed or bonded for prior to recordation of the Final Map. 1 18. A Type IIB path shall be installed on the top of the bank.along Altamont . Road, to the satisfaction of the Engineering Department. The location of the path shall be approved by the Pathway Committee and the Engineering Department. Driveways shall be roughened where they cross any pathways. 19. The applicant shallberesponsible for continuity of access and utility service to the Cleary property throughout all phases of construction. Planning and Zoning 20. Any;and all, wells on the property shall be shown on the Improvement Plans, and shall be properly registered with Santa..Clara Valley Water District (SCVWD)." Wells shall either be maintained .or abandoned in accordance with the SCVWD standards. 1 21. Payment of Park and Recreation fees, Pathway lin-lieu fees, Roadway in- lieu and all other applicable fees shall be required prior to recordation of the Final Map. e Planning Commission September 13, 1995 Lands of LeFevre Page 9 22. Elizabeth Court (or other approved street name) addresses shall be assigned and approved by the Town for all four lots as required by the . Los Altos Fire Department,and in accordance with the Town's policies. 23. All subdivision conditions of approval shall be,.met and subdivision improvements shall be constructed and approved by the City Engineer prior to acceptance of any site development permit or building permit applications. 24. The applicant shall inform the Town of any damage and shall repair any damage caused by construction :of the subdivision improvements to pathways, private driveways, and public and private roadways prior to final approval of the subdivision: 25. A grading-and construction operation plan shall be submitted by the subdivider for review and approval by the City Engineer and Planning Director prior to issuance -:'of grading permit for subdivision improvements. The grading/construction operation plan shall address truck traffic issues regarding dust, noise, and vehicular_ and pedestrian safety on Altamont Road and .other surrounding roadways; storage of construction materials; placement of sanitary 'facilities; parking for constructionvehicles; and parking for construction personnel. A debris box (trash dumpster) shall be placed on site for collection of construction debris. Arrangements must be made"with the Los Altos Garbage • Company for the debris box, since they have a franchise with the Town and no other hauler is allowed within the Town limits: 26. Prior to beginning any grading or construction operations, all significant trees shall be fenced at the dripliine. The fencing shall be of material and structure to clearly delineate the dripline. Town staff must inspect the fencing and the trees to be fenced prior to commencement of grading or construction. The fence must remain in place throughout the course of construction. No storage of equipment,vehicles or debris shall be allowed within the driplines of these trees. 27. Upon discovering or unearthing any possible burial site as evidenced by human skeletal remains or artifacts, the person making such discovery shall immediately notify the County of Santa Clara Coroner and no further disturbance of the site may be made except as authorized'by,,the County Coordinator of Indian Affairs. This shall be accomplished to the satisfaction of the County Coroners Office and the Planning Director, as may be necessary during the construction of the subdivision improvements. • • • • k • •• • ,••,.•• ..,.1.4kAy.A.47PS'qadaf ATIACIA KA EMT 2. Town of Los Altos Hills 9/6/95 • • To: plannin: 'Commission & Staff From: Les Earnest, Pathways Committee Chair Subject: Pathway requests 26105 lena; Lands of Waller: Restore II-B path along Elena. Obtain a 10 foot pathway easement along the boundary adjacent to the 280 Freeway and along the northwest boundary, connecting to Elena. Altamont Road; Lefevre Subdivision: In view of the reconfiguration of the subdivision, replace the Pathways Committee's 8/21/94 request with the tfollowing. Construct a 11-B path on top of the bank 'adjacent to Altamont Road and obtain a pathway easement there if needed to encompass the path. Additionally, obtain a 10 foot pathway easement along the south ) and east boundaries of Lot• 2. 28404 Christophers Lane; Lands of Wickett: Restore 11-B path along Chistophers Lane as needed. 27765 Lupine Lane: No request. 28210.Natoma; Lands of Poor Clare: No request. Note: where construction or upgrading of paths to the .I1B standard is ( recommend ,anon.sleidp stti fsaics et on nany includecroi rsrsiignagt idorni vaetwa least.ys5wfneeetr ea wt naeyref rios m.npoat h request" we recommend that in lieu fees be collected where possible. • • , ' I LeFevre Subdivision Mitigation Monitoring Program May 1995 Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, California 94022 (415) 941-7222 Table of Contents Introduction 1 Roles and Responsibilities 1 Mitigation Monitoring Program Procedures 1 Program Operations 2 Summary of Mitigation Measures 3 Mitigation Monitoring Checklist Appendix I . . i i Introduction Assembly Bill 3180 (AB 3180) was passed by the California State Assembly on August 22, 1988 and subsequently signed into law by the Governor of California. AB 3180 requires a lead or responsible agency that approves or carries out a project where a Environmental Impact Report or Mitigated Negative Declaration has identified significant environmental effects to adopt a "reporting or monitoring program for adopted or required changes'to mitigate or avoid significant environmental effects:" This bill became effective January 1, 1989 as Section 21081.6 to the Public Resources Code. The Town of Los Altos Hills is acting as lead agency for the LeFevre Subdivision project. An Initial Study and Mitigated Negative Declaration were prepared for the project which addressed potential environmental impacts, and where appropriate, recommended measures to mitigate or avoid these impacts. A mitigation reporting or monitoring program is required to ensure that the adopted mitigation measures under the jurisdiction of the Town are implemented. The Town will adopt this Mitigation Monitoring Program'(MMP) when certifying that the Mitigated Negative Declaration is deemed adequate. The proposed project includes subdivision of 9.45 acres into parcels ranging in size from 1.21 to 3.83 gross acres for the purpose of constructing single-family residences: The project site lies within,the Town of Los Altos hills immediately adjacent:to Altamont Road and Silent Hills Lane and lies between the intersection of Altamont Road and Taaffe Road/Byrne Park Lane Altamont Road and Altamont Lane. The site consists primarily of rolling hills with an average slope of approximately 14.6 percent. Roles and Responsibilities The MMP for the proposed project will be in place through all phases of the project, including final design, pre-grading,construction and operation. The Town will have the primary enforcement role for the mitigation measures. Mitigation Monitoring Procedures The MMP consists of a Mitigation Monitoring Checklist, filing requirements and compliance verification. These procedures are outlined below. Mitigation Monitoring Checklist The Mitigation Monitoring Checklist provides a comprehensive list of the required mitigation measures. In addition, the Mitigation Monitoring Checklist includes: the implementing action when the mitigation measure will occur; the method and timing of verification of compliance; the responsible team member for implementing j the mitigation measures; and compliance verification. 1 Mitigation Monitoring Program Files Files shall be established to document and retain the records of the MMP. The files shall be established, organized and retained by the Town of Los Altos Hills Planning Director. . Compliance Verification The Mitigation Monitoring Checklist shall be signed when compliance of the mitigation measure is met according to the Planning Director or City Engineer. Program Operations The following steps shall be followed for implementation, monitoring and verification of each mitigation measure: 1. The Planning Director shall designate a partyresponsible for monitoring of the mitigation Measures. 2. The Planning Director shall provide to the party responsible for the monitoring of a given mitigation measure a copy of the Checklist indication the mitigation measures for which the person is responsible and other pertinent information. 3. The party responsible for monitoring shall then verify compliance and sign the Compliance Verification column of the Checklist for the appropriate mitigation measures. Mitigation measure shall be implemented as specified by the Checklist. During any project phase, unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. Should any refinements to the Checklist be required, the Planning Director would document the change and shall notify the appropriate design, construction or operations personnel about refined requirements. 2 Summary of Mitigation Measures Earth 1. The project grading plan shall include an approved drainage and erosion control plan to minimize the impacts from erosion during construction. This plan shall conform to all standards adopted by the Town of Los Altos Hills and Santa Clara County. 2. Prior to approval of building permits, the project proponent shall supply a landscape plan that provides long-term control of erosion. Water 3. Prior to approval of grading permits, the project applicant shall apply for NPDES stor- mwater discharge permit that applies to the grading of five or more acres of land, if it is deemed necessary. 4. The culvert at the southern end of the project shall be periodically cleaned of debris and sediment prior to commencement of the rainy season (November 1), and during the rainy season (November to April 1) as necessary to maintain free-flowing condi- tions. To facilitate maintenance the culvert shall be designed to Town standards. This shall be accomplished to be satisfaction of the City Engineer. 5. The project grading plan shall include an approved drainage and erosion control plan to minimize the impacts from erosion and sedimentation. This plan shall conform to all standards adopted-by the Town of Leos Altos Hills and Santa Clara County. The plan shall include procedures such as: (a) restricting grading to the dry season; (b) protecting all finished graded slopes from erosion using such techniques as hillslope • benching, erosion control matting, hydroseeding; (c) protecting downstream storm drainage inlets from sedimentation; (d) 'use of silt fencing to retain sediment on the project site; and (e) any other suitable measures outlined in the Association of Bay Area Governments' (ABAG) Manual of Standards. The plans shall be submitted to and approved by the City Engineer prior to issuance of a grading permit. 6. Prior to the expiration of the warranty all drainage culverts shall be inspected for accumulated sediment. If sediment accumulation has occurred, these drainage struc- tures shall be cleared of debris and sediment by the Applicant. This shall be com- pleted to the satisfaction of the City Engineer. 7. The project site drainage shall use grass-lined ditches and swales wherever practical. The drainage plan shall be submitted to the City Engineer for approval prior issuance of a grading permit. Plant Life 8. Prior to subdivision improvements, the;applicant shall submit to the Planning Director a plan for protection of trees on-site during the construction and grading process. The plan shall be approved by a certified arborist. 3 9. Areas of significant oak woodlands are to be protected by an established conservation easement. The easement shall be extended to the dripline of the trees. The con- servation easements shall be specified on the subdivision map. 10. Prior to issuance of occupancy permits the applicant shall replace each Heritage Oak removed or damaged with five (5) 48-inch box trees of the same species as the tree re- moved. Only trees indicated for removal on the Tentative Map (and subsequently "tagged" in the field) shall be removed. The location of replacement trees shall be ap- proved by Ithe Planning Director. A multi-year bond shall be paid by the applicant to ensure maintenance and care for replacement trees. Land Use 11. No construction activities of any kind, including grading and excavation shall occur within the area designated for the proposed conservation easement on Lots 1 and 2. This shall be demonstrated to the satisfaction of the City Engineer prior to issuance of grading or building permits. 12. No building or placement of structure that humans will inhabit shall occur within the existing HHSBL. This shall be shown on a revised tentative map to the satisfaction of the City Engineer prior to the issuance of building permits. 13. Only native landscaping is allowed in the conservation easement, as approved by the Town. Only clearing of poison oak and fire clearing, as approvedbythe Town is allowed. This shall be indicated on landscape plans submitted for the subdivision and individual lot development (as applicable), and approved by the Planning Director prior to approval of the Tentative Map. 14. No building or structure of any type is allowed in the conservation easement except lawful open-style fencing which does not hamper the movement of wildlife. This shall be accomplished to the satisfaction of the Planning Director prior to approval of the Tentative Map. 15. The final tract map shall note and the applicant shall dedicate a conservation/open space easement of equal public benefit as the easement being abandoned as may be determined by the City Council. ., 16. No construction activities of any kind, including grading and excavation shall occur within the area having a slope greater than 30 percent. This area should be consid- ered a conservation easement and shall be indicated on the Tentative Map. This shall be demonstrated to the satisfaction of the City Engineer prior to issuance of grading permits. 4 MITIGATION MONITORING CHECKLIST LeFevre Subdivision MITIGATION MEASURE IMPLEMENTING METHOD/TIMING RESPONSIBLE INITIAL ACTION VERIFICATION TEAM MEMBER & DATE 1. —The project grading plan shall include an Grading Permit Review of grading City Engineer approved drainage and erosion control plan plans, prior to grading. to minimize the impacts from erosion during construction. This plan shall conform to all standards adopted by the Town of Los Altos Hills and Santa Clara County. 2. Prior to approval of building permits, the Building Permit Review of landscape City Engineer project proponent shall supply a landscape plan, prior to plan that provides long-term control of ero- construction. sion. 3. Prior to approval of grading permits, the Grading Permit Review of NPDES Per- Planning Director project applicant shall apply for NPDES stor- mit, during review of mwater discharge permit that applies to the grading plan prior to grading of five or more acres of land, if it is grading. deemed necessary. 4. The culvert at the southern end-of the project On-Going -- - Review of site plans City Engineer shall be periodically cleaned of debris and and site visits to verify sediment prior to commencement of the rainy maintenance, during season (November 1), and during the rainy grading and construc- season (November to April 1) as necessary to tion. maintain free-flowing conditions. To facili- tate maintenance the culvert shall be designed to Town standards. This shall be accomplished to be satisfaction of the City • Engineer. Iof5 MITIGATION MONITORING CHECKLIST LeFevre Subdivision MITIGATION MEASURE IMPLEMENTING METHOD/TIMING RESPONSIBLE INITIAL ACTION VERIFICATION TEAM MEMBER & DATE 5. The project grading plan shall include an ap- Grading Permit Review of grading City Engineer proved drainage and erosion control plan to plan, prior to grading. minimize the impacts from erosion and sed- imentation. This plan shall conform to all standards adopted by the Town of Los Altos Hills and Santa Clara County. The plan shall include procedures such as: (a) restricting grading to the dry season; (b) protecting all finished graded slopes from erosion using such techniques as hillslope benching, erosion control matting,hydroseeding; (c) protecting _ _ downstream storm drainage inlets from sedimentation; (d) use of silt fencing to retain sediment on the project site; and (e) any other suitablemeasuresoutlined in the Association of Bay Area Governments' (ABAG) Manual of Standards. The plans - shall be submitted to and approved by the City Engineer prior to issuance of a grading permit. 6. Prior to the expiration of the warranty all Warranty Ex- Site visit to verify cul- City Engineer drainage culverts shall be a inspected for piration vert conditions,prior to accumulated sediment. If sediment return of warranty. accumulation has occurred, these drainage structures shall be cleared of debris and 'sedi- ment by the Applicant. This shall be com- pleted to the satisfaction of the City Engineer. II of 5 MITIGATION MONITORING CHECKLIST LeFevre Subdivision MITIGATION MEASURE IMPLEMENTING METHOD/TIMING RESPONSIBLE INITIAL ACTION VERIFICATION TEAM MEMBER & DATE 7. The_project-site-drainage-shall-use-grass-lined -Grading-Permit Review-of-drainage City-Engineer ditches and swales wherever practical. The plan, prior to grading. drainage plan shall be submitted to the City Engineer for approval prior issuance of a gra- ding permit. 8. _ _ Prior to subdivision improvements, the appli- Grading Permit Review of grading, Certified Arborist and cant shall submit to the Planning Director a construction and land- Planning Director plan for protection of trees on-site during the scape plans, prior to construction and grading process. The plan grading. shall be approved by a certified arborist. 9. Areas of significant oak woodlands are to be Recordation of Review of Final Map. Certified Arborist and protected by an established conservation Final Map Planning Director easement. The easement shall be extended to the dripline of the trees. The conservation easements shall be specified on the subdivi- sion map. 10. Prior to issuance of occupancy permits the Occupancy Site visit to verify tree Planning Director applicant shall replace each Heritage Oak re- Permit condition and replace- moved or damaged with five (5) 48-inch box ment, prior to return of trees of the same species as the tree removed. bond. Only trees indicated for removal on the Ten- tative Map (and subsequently "tagged" in the field) shall be removed. The location of re- placement trees shall be approved by the Planning Director. A multi-year bond shall be paid by the applicant to ensure mainte- nance and care for replacement trees. III of 5 MITIGATION MONITORING CHECKLIST LeFevre Subdivision MITIGATION MEASURE IMPLEMENTING METHOD/TIMING RESPONSIBLE INITIAL ACTION VERIFICATION TEAM MEMBER & DATE 11. No construction activities of any kind, including grading and excavation shall occur Grading and Review grading and City Engineer within the area designated for the proposed Building Per- building plans and site conservation easement on Lots 1 and 2. This mits visits, prior to grading shall be demonstrated to the satisfaction of and construction. the City Engineer prior to issuance of grading or building permits. 12. No building orplacement of structure that humans will inhabit shall occur within the Building Per- Review building plans, City Engineer existing HHSBL. This shall be shown on a mits prior to construction. revised tentative map to the satisfaction of the City Engineer prior to the issuance of building permits.. 13. Only native landscaping is allowed in the conservation easement, as approved by the Recordation of Review of Final Map. Planning Director Town. Only clearing-of poison oak and fire Final Map clearing, as approved by the Town is allowed. This shall be indicated on landscape plans submitted for the subdivision and individual lot development (as applica- ble), and approved by the Planning Director prior to approval of the Tentative Map. 14. No building or structure of any type is al- lowed in the conservation easement except Recordation of Review of Final Map. Planning Director lawful open-style fencing which does not Final Map hamper the movement of wildlife. This shall be accomplished to the satisfaction of the IV of 5 MITIGATION MONITORING CHECKLIST LeFevre Subdivision MITIGATION MEASURE IMPLEMENTING METHOD/TIMING RESPONSIBLE INITIAL ACTION VERIFICATION TEAM MEMBER & DATE Planning-Director-prior-to-approval of-the Tentative Map. 15. The final tract map shall note and the appli- cant shall dedicate a conservation/open space easement of equal public benefit as the ease- Recordation of Review of Final Map. Planning Director ment being abandoned as may be determined Final Map by the City Council. 16. No construction activities of any kind, includ- ing grading and excavation shall occur within the area having a slope greater than 30 per- Grading Permit Review of grading and City Engineer cent. This area should be considered a con- building plans, prior to servation easement and shall be indicated on grading. the Tentative Map. This shall be demonstrated to the satisfaction of the City • Engineer prior to issuance of grading per- mits. V of 5 a TOWN OF Los ALTOS HILLS ' August 9, 1995 Staff Report to the Planning Commission RE: NEGATIVE DECLARATION-AND TENTATIVE TRACT MAP FOR FOUR LOT SUBDIVISION,LANDS OF LE FEVRE; SOUTH SIDE OF ALTAMONT ROAD,EAST OF JULIETTA LANE. FROM: Suzanne Davis,Planner APPROVED BY: Curtis S. Williams,Planning Direc* RECOMMENDATION: That the Planning Commission: 1. Review and make comments on the Negative Declaration and proposed Tentative Tract Map. - 2. 'Continue the application to September 13,1995, to allow the applicant to revise plans as directed and to allow staff to -prepare findings and conditions of approval, address issues, and make any necessary corrections to the Negative Declaration. REQUIRED DISCRETIONARY ACTIONS The following describes the Town's discretionary actions which are required for approval of the subdivision: • 1. Adoption of the Mitigated Negative Declaration by the City Council. 2. Approval of the Mitigation Monitoring Program by the City Council. 3. Approval of the-Tentative Subdivision Map by the City Council. - 4. Abandonment a portiowof the existing conservation easement, which requires approval by the City Council. The Planning Commission's action relative to the Negative Declaration. and Tentative Map are recommendations to the City-Council. TENTATIVE MAP REVIEW In order to approve a subdivision,the Planning Commission must determine that the project is consistent with the' General Plan and subdivision and zoning regulations, and that none of the findings fordenial can be made, as specified in Section 66474 of the State Subdivision Map Act. If the Commission can make any of the findings listed in Attachment 1, the subdivision must either be redesigned or denied. Comments on the tentative,map have been received from the Town Planning Commission Lands of LeFevre August 9, 1995 Page 2 Geologist,pathways Committee and Los Altos Fire Department, and are attached for the Commission's review (see Attachments 3-5.). I Neighboring residents and property owners within 500.feet of the site have been notified of this hearing. After this hearing, staff will address any concerns of the Planning Commission and public and will return at a meeting on or after September 13, 1995, as directed by the Planning Commission. ENVIRONMENTAL REVIEW An Initial Study, Mitigated Negative Declaration and draft Mitigation Monitoring Program have been prepared for the project by environmental consultant Julie M. Blakeslee. The review period for the Mitigated Negative Declaration (Attachment 2) for the proposed four lot subdivision ended July 26, 1995.{ The Planning Commission may make comments on both,the Mitigated Negative Declaration and the Tentative Map. The Negative Declaration must be approved in order to approve the tentative map.: In order to recommend approval of the document, the Commission needs to find. that there are no significant environmental effects which are not addressed through the proposed mitigation measures. Recommended mitigation measures primarily deal with drainage and grading controls, protection and/or replacement of oak trees, and designation of conservation easements. If the Commission determines that substantive changes to the Negative Declaration are needed, the document will need to be recirculated for another 21 day public review period. BACKGROUND The subject property was formerly owned by the Eshner family, and was part of a 33 acre estate called Silent Hills Ranch. In, 1970 the Town approved a subdivision which divided the Eshner property into 14 lots (Tract 4897, which was recorded in 1971). The Eshner home site was reduced to two acres, and was surrounded by a donut shaped parcel just under 15 acres in size. In 1989, the 15 acre parcel (lot 14) and the two acre Eshner home site were subdivided into three lots and a 9.45 acre remainder parcel (Parcel Map 625-M-4/6, which was recorded in 1990). That remainder parcel is the site ofthe proposed four lot subdivision. The former Eshner home is now the Lands of Cleary, and is 2.43 acres. The applicant owns the 9.45 acre site and the two lots to the south (2.6 and 1.5 acres). The 1989 Julie Eshner subdivision approval included a number of improvements which were kequired.to be done. To date a number of the improvements have not been completed including the construction of Silent Hills Lane,and provision of water andsewerservice. Planning Commission Lands of LeFevre August 9, 1995 Page 3 There have been several previous proposals to subdivide the 9.45 acre remainder parcel; the most recent was a five lotsubdivision which was forwarded to the City Council with a recommendation for denial by the Planning Commission in 1992. The Commission had concerns about proposedchanges to the existing conservation easement, the number of lots being proposed, the access to the lots, and the configuration of some of the parcels, particularly a flag lot. There was also considerable discussion on the pathway requirements.. The City Council held one hearing on the subdivision on September 16, 1992, continued it to October 9, 1992, and then to November 4, 1992. The applicant eventually dropped the application. The City Council had.concerns about the realignment of the conservation easement and multiple access points tothe subdivision from Altamont Road. The Councilalso stated that the subdivision should be reduced from five to four lots. . There are two historic brick pillars marking the driveway entrance to the property. One has a metal placard with'the name "Eshner" and "26410 Altamont Road" on it, and the other has a nameplate for "Silent Hills Ranch." The pillars and entry gate may be relocated by the Clearys when the new road is put in.. DISCUSSION Project Location and Setting The project site is located within the Town Limits of Los Altos Hills in Santa Clara County. The site is comprised of a horseshoe-shaped parcel consisting of 9.45 gross acres. The parcel fronts on the Altamont Road on the northerly side, and is surrounded by residential zoning on the remaining sides. The project site is.located just north of the intersection of Altamont Court and Altamont Road. There is an abandoned cottage on the property, and the remainder of the site is a walnut orchard. There is a trace of the Berrocal fault on the property and.a 60 foot wide human habitation setback is shown on the tentative map. The project site is bounded to the west by properties'developed with-single family residences, one fronting on Altamont Road and four fronting on Julietta Lane; to the south by two undeveloped parcels owned by the applicant; to the east by a 12.92 acre parcel, and to the north by properties developed with single family residences. The project site and I the two parcels to the south surround a 2.43 acre parcel with an existing single family residence (Lands of Cleary). Access to the site is provided by an existing-driveway off Altamont Road, which also leads to the Cleary property. 0 Project Description • The applicant proposes to subdivide the 9.45-acre parcel into four smaller parcels ranging in size from 1.21 to 3.83net acres. All four lots would be served by a Planning Commission Lands of LeFevre August 9, 1995 Page 4 new public roadway (Elizabeth Court) which will enter. off Altamont Road. Private driveways would extend off Elizabeth Court to the four lots. The driveway to the:Cleary property is to be changed to access from Silent Hills Lane (see additional discussion on this issue below). The proposed right of way width for(Elizabeth Court is shown to be 60 feet, ending in a 60 foot radius cul-de-sac bulb. The name Elizabeth was suggested by Town Historian Rosemary Meyerott, as it is historically significant being the former name for Altamont Road. The following table includes an analysis of each lotand its:corresponding Lot Unit Factor (LUF), Maximum Development Area (MDA) and Maximum Floor Area (MFA) as required by Sections 10-1.502 and 10-1:503 of the Town of Los Altos Hills Zoning Ordinance. The average slope for the entire site is 14.6%. Step-on-contour or Type II foundations will be required for lots 1 and 2 due to the slope. TABLE 1 Lot# Net Acres Ave. Slope LUF MDA MFA 1 1.30 19.5% 1.04 11,895 5,746 2 2.55 19.4% 2.04 . . 23,409 11,281 3 1.21 5.4% 1.21 18,150 7,260 4 3:83 11.7% 169 52,998 21,826 Source: Giuliani&Kull,Inc. i Staff has identified the following issues:which are critical to.the evaluation of this subdivision. 'The Planning Commission should discuss each issue and provide direction for the applicant and staff. j Driveway and Access to the Cleary Property. Access to they Cleary property is.presently taken from a private driveway off Altamont Road. When the four-lot parcel map (Eshner, 1990) was approved, a private street called Silent Hills Lane was to be constructed off Altamont Court. The:Cleary property (parcel 3) was to gain access from this road as were the two LeFevre properties (parcels 1 and 2). However, the road and other remaining subdivision improvements have not been completed, and the existing Altamont driveway access to the Cleary site has remained and is.still in use. Although the applicant and the Clearys have been in recent negotiation about the relocation.of the driveway, an existing quiet title action between the two parties has not been settled. A tentative agreement was signed by both Mr. LeFevre and Dr. Cleary last October (see Attachment 6). According to the agreement Mr. LeFevre will be I Planning Commission Lands of LeFevre August 9, 1995 Page 5 responsible for the completion of Silent Hills Lane, and Dr. Cleary will be responsible for the new driveway as it enters his property. A condition of approval of the proposed subdivision should be the requirement to complete any subdivision improvements for parcel map 625-M-4/6 which affect the continuity of access and utility services to the Cleary property,including the construction of Silent Hills Lane. Location of Elizabeth Court Intersection!and Cul-de-sac The section of Altamont Road along the, site has a number of curves and hills. Due to lack ofvisibility there.is .a question about safety for vehicles heading north on Altamont Road making a left turn onto Elizabeth Court and. for cars exiting Elizabeth Court. The proposed road will intersect Altamont Road approximately 35 feet closer-to the northwest corner of the property than the existing driveway. The sight distance required for vehicles traveling on Altamont Road to have clear view of a vehicle exiting or slowing down to enter Elizabeth Court would be improved with the road in the proposed location.. The Negative Declaration notes that the: street intersection is in the location recommended by the traffic consultant (TJKM) for the 1992 subdivision application. The proposed right-of-way almost abuts the southerly property line of the Cleary property. If the right-of-way is pulled back from the common property line, there would be more space to plant landscaping so that there is a better buffer between the Cleary property and the new street. Building Sites The proposed building areas on lots 3 and 4 appear to be in reasonable locations. The proposed building site on lot 1, however,,,hasthe potential to impact a number of trees. Although it is in a level area,the proposed building site for lot 2 is in a poor location given the proximity of the Cleary residence. An alternative location for a building site is the southwesterly portion of the lot, between the water tank and the sanitary, sewer easement.. While there is more slope in this location, there are no trees which would be impacted, and a new house would not be directly in front of the Cleary residence. However, the adjacentresidents on Julietta Lane (Spohr,and Stanley)'may be concerned about a shift of the building site towards their properties. A combination of lots 1 and 2 would allow a building site providing greater separation from the existing residence and protection of the existing trees. The Commission should also discuss whether setback, height, or other development restrictions should be placed on any of the lots. Planning Commissione. . Lands of LeFevre August 9, 1995 Page 6 'Conservation Easements At the time of the original subdivision which was recorded in 1971, a 1.939 acre conservation easement was created for preservation of view and slope control purposes, although the dedication was not accepted at the time. The owners certificate on the recorded map states that the conservation easement shall be "kept free and clear of buildings and structures of any kind." Over the past five years there have been numerous discussions on the possibility.of abandoning the easement and the granting of a conservation easement with a different configuratioi . A request to rescind the conservation easement was denied.by the City Council in 1991, and a resolution was adopted accepting the easement for public purposes (see Attachment 7). The existing conservation easement is proposed to be realigned to include a portion of the present easement,with additional land area added elsewhere in an amount equivalent to what'is proposed to be removed. The conservation easement was established for preservation of the view and slope and serves to benefit the.public in several ways: • It provides a visual corridor for the Cleary (formerly Eshner) home and the existing lots of the Julie Eshner subdivision. • It provides a similar view corridor for the residents of Julietta Lane, the properties created by Tract 4897(Jules &Margaret Eshner subdivision). • It provides benefit to the public-at-large by retaining the existing natural rolling hulls (presently planted with orchard trees) and serves as a buffer along Altamont Road. In order.to abandon the conservation easement, the Planning Commission and City Council will need to make findings that it is no longer needed by the public. With the applicant's "proposed lot configuration,! the realignment of the conservation easement would continue to preserve a;large land area while not splitting the usable land in'two pieces. Should the easement be abandoned and a new easement granted, the conditions of approval may include provisions to limit development in the area to be removed from conservation easement status, to ensure thai the neighboring properties still have a view corridor. For example, development could be limited to recreational or outdoor uses- such as a swimming pool,decking,patios,etc.,with no structures allowed,or the height of structures'co. ld be limited. A second conservation easement is shown over a portion of lots 1 and 2 where the slope exceeds 30%. The Commission should discuss whether this conservation ileasement should be larger to include some of the heritage oaks in the vicinity. n alternative would be to specify with a condition of approval that Planning Commission Lands of LeFevre August 9, 1995 Page 7 the oak trees shall be protected, and that noneof the oaks,may be removed without permission of the Town. Staff recommends that no structures of:any type be allowed in the conservation easements being created as part of the subdivision.: Staff also recommends that landscaping within the easements be limited tonative,non-invasive species, and the removal of poison oak, or dead-:or diseased trees as.recommended by a certified arborist,be allowed. Irggi There are numerous trees on the property including Coast Live Oak,Valley.Oak, Pepper,Sycamore, Eucalyptus and Black Walnut. There are also many orchard walnut trees. Staff visited the site and observed some trees on lot 1.whichare not shown accurately on the tentative map. Which trees are proposed for removal and which are, intended to remain should be clarified, and may require modification of.. the map. ,:or the Negative Declaration, or both. . The Environmental Design & Protection Committee has been,asked_to review the proposed subdivision, and,will present recommendations at the Commission meeting. • Utilities . . Sanitary sewer service will be provided for the four lots. There is an existing • sewer easement from Altamont Road through the LeFevre and Cleary properties. Portions of this easement are proposed to be abandoned and relocated on proposed lots 2 and 4. The installation of subdivision improvements should not unreasonably interfere with the utility service to the Cleary property. The agreement between Dr. Cleary and Mr. LeFevre includes a provision that Mr. _ LeFevre shall be responsible for the relocation of any utilities as necessary. Conditions of approval should assure continuityof services to the Cleary property. Purissima Hills Water Company .and PG&E have.reviewed.the proposed subdivision and have stated that utility service can be provided. PG&E has requested an additional 10 foot wide public utility easement through lot 2 (from the right-of-way to the Cleary property); Remainder Parcels _ Potential for future subdivision is possible for the two larger parcels,lots 2 and 4. Pursuant to the requirements of Section 9.1.506(36)of the Subdivision Ordinance, the applicant should either show potential lot splits or preclude future subdivision of any of the lots by recorded restriction. Planning Commission Lands of LeFevre August 9, 1995 Page.8 Comments from Other Agencies and Committees The, Town Geologist has reviewed the geotechnical reports and plans for the proposed subdivision and has visited the property. ' There is a 60 foot wide human habitation setback line' (HHSBL) over a potentially active trace of Ithe Berrocal fault The HHSBL is 30 feet on either side of the mapped surface trace of the fault as recommended by the project geotechnical consultant. The HHSBL will;place some development limitations on lot 3 as no 'structures will be allowed within the defined area. The Town Geologist has recommended that the geotechnical consultant review the current map arid evaluate whether.the depicted seismic setback is accurately located and appropriate at this site based on new'seismic data. Site development plans for the individual lots will be reviewed and approved by the Town Geologist prior to issuance of any building permits for grading or construction.. The Pathway Committee has recommended that a type IIB path be installed along Altamont Road, on one side of Elizabeth Court and along the southern boundary of lot 2 from Silent Hills Lane to the path leading to Julietta Lane. The Committee is also requesting a native path along the southwestern edge of lot 4 (see Attachment 4). Los Altos Fire Department has reviewed this proposed subdivision and has recommended approval with the condition that a fire hydrant be installed in a location to be approved by the Fire Department (see Attachment 5): The • proposed street name,Elizabeth Court,is acceptable to the Fire Department. The Santa Clara County Water District commented that the subdivision will not directly affect any of the District's facilities. CONCLUSIONS The Planning Commission should address all of the-above issues and direct the applicant and staff regarding appropriate revisions to the map and/or the Mitigated Negative Declaration. Once the applicant has resubmitted, staff will prep',are detailed conditions of approval and findings for a subsequent Planning Commission meeting. I Staff is available to answer any questions that the Planning Commission or public may have. y I Planning Commission Lands of LeFevre August 9, 1995 Page 9 ATTACHMENTS 1. Findings for Subdivision Denial 2. Initial Study & Mitigated Negative Declaration, including Slope Density Calculations 3. Report from William Cotton&Associates, dated September 21, 1994 4. Pathways,Parks &Recreation Committee recommendation(one page) 5. Letter from City of Los Altos Fire Department(one page) 6. Tentative Access Agreement between LeFevre &Cleary 7. City Council Resolution Accepting Conservation Easement 8. Letter from Dr. &Mrs. Gary Cleary,received August 3, 1995 (two pages) 9. Tentative Map cc: Tom LeFevre 14850 Manuella Road Los Altos Hills,CA 94022 Susan Roberts Giuliani &Kull 20431 Stevens Creek Boulevard,Suite 230 Cupertino,CA 95014 Gary Cleary&Nobuko Saito Cleary 26410 Altamont Road Los Altos Hills,CA,94022 FINDINGS FOR SUBDIVISION DENIAL SECTION 9-1.515(E): 1. THAT THE PROPOSED MAP IS NOT CONSISTENT WITH THE APPLICABLE GENERAL PLAN AND SPECIFIC PLANS; 2. THAT THE DESIGN OR IMPROVEMENT OF THE PROPOSED SUBDIVISION IS NOT CONSISTENT WITH THE APPLICABLE GENERAL PLAN AND SPECIFIC PLANS; 3. THAT THE SITE IS NOT PHYSICALLY SUITABLE FOR THE PROPOSED DENSITY OF DEVELOPMENT; 4. THAT THE DESIGN OF THE SUBDIVISION OR THE PROPOSED IMPROVEMENTS ARE LIKELY TO CAUSE SUBSTANTIAL ENVIRONMENTAL DAMAGE OR SUBSTANTIALLY AND AVOIDABLY INJURE FISH OR WILDLIFE OR THEIR HABITAT; 5. THAT THE DESIGN OF THE SUBDIVISION OR THE TYPE OF IMPROVEMENTS ARE LIKELY TO CAUSE SERIOUS PUBLIC HEALTH PROBLEMS; 6. THAT THE DESIGN OF THE SUBDIVISION OR THE TYPE OF IMPROVEMENTS WILL CONFLICT WITH EASEMENTS, ACQUIRED BY THE PUBLIC AT LARGE, FOR ACCESS THROUGH OR USE OF, PROPERTY WITHIN THE PROPOSED SUBDIVISION. • LeFevre Subdivision Initial Study and Mitigated Negative Declaration May 1995 Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, California 94022 (415) 941-7222 Table Contents ab e o f Co to s Section 1 Project Description Section 2 Initial Study and Checklist Appendix MD /MFA Worksheets i • • • • • • • • • • • • • • • • • • • • • • • • S • ection 1 . - - .. H , Project Description' Project Description . Project Location The project site is located within the Town Limits of Los Altos Hills in Santa Clara County. The site is comprised of a horseshoe-shaped, parcel consisting of 9.45 gross acres. Approximately two-thirds of the parcel lies•adjacent to Altamont Road. The project site lies between the intersections of Altamont Road and Taaffe Road/Byrne Park Lane and Altamont Road and Altamont Lane. The project site is bounded to the west and north by Subdivision Tract No. 4897 and Subdivision Tract No. 4215 to the north, to the east by PM 641 M 16 and 7, and to the south by PM 625 M 4-6. A single-family residence is located on a separate parcel in the center of the horseshoe- shaped project site. The residence is served by a paved driveway extending along the proposed private street. The proposed tentative subdivision map indicates that this parcel would be accessed in the future by Silent Hills Lane. The site consists of primarily rolling hills with an average slope of approximately 14.6 percent. The current on-site vegetation-is composed of high grasses along with clusters of oak trees, an orchard, and other fruit trees interspersed throughout the site. Project Characteristics The proposed project as defined by the proponent in the Tentative Map application filed on June 2, 1994, is to subdivide the 9.45 acre parcel into four smaller parcels rangingin size from 1.21 to 3.83 gross acres for the purpose of constructing single-family residences. Refer to Figure 1. All four lots of the proposed subdivision would be served by a private roadway(Elizabeth Court) which enters from Altamont Road. A i conservation easement currently exists on the eastern portion of the project site. The proponent has requested that this easement be relocated and established further to the south. For the purpose of environmental analysis, additional figures have been provided: Figure 2 - Conceptual Development Plan; Figure 3 - Slope Analysis Map; and Figure 4 - Local Vicinity/Aerial Photo. As shown in Figure 2, an existing cottage is proposed to be removed. The following table includes an analysis of each!lot and its corresponding Lot Unit Factor (LUF), Maximum Development Area (MDA) and Maximum Floor Area (MFA) as required by Sections 10-1.502 and 10-1.503 of the Town of Los Altos'Hills Zoning Ordinance. Lot# Net Acres Ave. Slope LUF MDA MFA 1 1.30 19.5 I 1.04 11,895 5,746 2 2.55 19.4 2.04 23,409 11,281 3 1.21 5.41.21 18,150 7,260 4 3.83 11.7 3.69 52,998 21,826 . 1 II t Lot numbers 2 and 4 could potentially be subdivided in the future because they are at least twice as large as the one acre minimum zoning for the site. Existing easements on these lots may limit the ability to subdivide. Project Contact Persons Town of Los Altos Hills - Lead Agency Debbie Pollart, Interim Town Planner and Suzanne Davis, Assistant Planner 26379 Fremont Road Los Altos Hills, California 94022 (415) 941-7222 Project Proponent Tom LeFevre Proponent Consultant Bill Kull Giuliani & Kull, Inc. 20431 Stevens Creek Boulevard Suite 230 Cupertino, California 95014 (408) 257-6446 Proposed Finding The proposed project is not anticipated to have a significant effect onthe environment after implementation of the mitigation measures proposed. Issues of the project were identified in an Initial ,Study completed and included in this document. The issues include land use, hydrology and biological resources. Refer to the Initial Study and attached narrative. 2 r• ....., 4 17 6.I 4',..1 l4e.• ' t •• Pi • v."' • . .0 I •C;) *,.. .... ... ....‘,;..„.„<.......-....:_.--- ",,.„ q' ' .. • '‘!ri r.1 Op. . .&L Sual&c&w, ....,, IV . 0....& so,•.,.. . /LE,. 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"TOWN OF Los ALTOS HILLS, CALIFORNIA ... ta• •(ex G25.MAPS Pa'S 4.,SE.6) . I- . .s. (o r,625:HAPS rs:5 4,8 a 6) •//3 Turf twill e•40.4,140••••••• t 1 I • . . • 0.0 Aceas• 0\7 I ...., tic.IC14-3I-Mai dOn... . La /..5.4C.O.E'S . \ r• Glikalin,.Inc. L......... I 175=f,,f r.' \:••• • . BASE SHEET PREPARED fir NOWACX 5 OPSIGPola Int ... . .. • • ASSOCIATES,INC.DATED MARCH 31.1992 A . I I • awl H...or•••.•um ma•0.....0a.C.e.00.4 • .. •.... • 0.1.0161 VP ANDUSED • AS OWNER FURNISHED aP . (um 237.44••• POTI:37•44satrwl inso.a."La: • INFORMATION. .0.000•TR--.?0..._ • Figure 1 • 3 Tentative Subdivision Map • \0 ...... 4 2/.5 . {- JO a SGAL! s 1'•b .fir ! `. _ ..,,r0A1+Y+5T!t... .i'0 •�� \ �',,y`.�4'; y5 WE • ''''!...Al'Srriiiko ! b ''''''''.411..,R ' ' E .t 'PST08• 1 �._: /`°t ���/- �/ti� ` \ \ .f�. - - --- - =1 Ir y •°1 co S V6 - - -- �• I 1 ---- \ ''� _. -. \ A / �I.. ,•aPr]' • - -- .BiCTIONI.A"A,- - -- •, - - -`„,- - -- - --- -- r p r rf �� { \ i.41�. r. 4h {e'A •�' S •E.0,- _ _ Ani '•^".,w • r.Y �'/ rl/ Vii~ \ I .7...r.--_,:. .r) !' .1-:-.---, -:„\t, \••,,•�- MeeO'1 Y°,'° . ��'(, 6•` =f .. 1 Al \ �$rt,A,.. 1 I I ' •• / \� ,`.� VICINITYNO MAP Y }S Y I — IbL.VNf %.— 1_— �[� ,00 ) //ILOT 4 \/�' �•1 �o ,• _ i ;c • :S5'E,L�.. / J`y'e, �•sl ` l //1y/ / 1' row�noa 1 /\\\ .y1 \., 'arw' jr: 0 tir , -. •-.ii i,..1-t...4 110,sit, IV ` i,' / / q M 0.613.0 I \\\ 1 '•, a .• ;tat!:.. ` �- J / JF;SIF \�`� \\Y:• n.• 1' T1IDIN COUR 1;j i rf �• w. 1 r °Ten. :.1., . • �♦i 6 .i,.•eu a... ' �' �n� w \ t /, \ ELIZABETH COURT PROFILE `. \ 4$ KA.[,I••.0'M.N. , .'.[°t. • v S 1., �4ws K�,% ,� ~.. Ni ,\\ \ a. rf ,1 r•. -r 1 �'.a`. •5•a.w D` `'�-."�'�c"-' \ • • ''•4 0 `. Q NOTE: • t" 1tli "\l , . . 1 I \ • [ \ \ t '4..¢i \` \�fi HOUSE FOOTPRINTS ARE-SCHEMATIC ONLY •• . 1 •}\ DI i O •"' ‘ \•.x I I. \�rN +".° \ '6 ---� ¢_\-- _—� • \ ( \\\ BUILDING SETBACKS ▪ fl r (.!�lip -• ` \ .µ,_ ';A .v-0 •>< /i� -y,,;. N:5�/ \\ 1, \ 13 I \ \ �1.,.;�� 40'FRONT SETBACK �I • TTT I 1 • �= ,1,.... ,},�.\ \ -1 • 13 WING' tl I \ \ . • '4 30'SIDE SETBACK N. Iv.` \' \ 1 • • • I Nl11LDIN' • \ \ 0 / \\ A 30' SEAR SETBACK •} f ti 1 �\ • " `tLb.\ \ 'f DAi 1011 �,- I C \ p(ay .• I \ a N.H.!.V.I..-•••••-••.NUHAN NAMTATION O•TMCK LITH 1 > • O 1 / /�• S� �� OS ah n!,{.•••••.....•.�lViITARY NM*Y!•MIHT Fjl \\‘.1.Q\ \\•1 \ t.‘. = •MO.r1no /1 af ............ 4 1 (� / n 19 N,•.•'•••••••••• RIVAT.RDNM O=Are6MIHT , 1' •O � � I/ r � \ Q I 0 / fi � / \ • I.U.I.••••••••••••.•N.UO UTILITY U••MIHT 1 S. e H0 \ pN+l /./%I f .� \ `•11 .I •• / / / \ ,• \ /H.M.D... NRIl91MA MILLI WAT1K PDTKCT1A1411MCi , :r I5\ \ 5\ . •M • I\"1 (OK 625 MAPS HO'S 4,S a 6,1 \ Il. -It O.OT.1Al.-.MH{MTw� ■S.E. egUIJT[UL T•NL UNMWTt " •0p- 1 \\...,\..N.:41% \\\\ \_, T �" _i`1 •1 M rI / / 7,T1TTfff•.•.-...._Ho vWIcu LARBCC[» 1 1 P•\•E �lnl . i.• M \ , / II / / 1 , I .. Jr AS .+, TON . . ) ;- .1 4....,c.r.,4;•...on .-.1..$4 ? 1 1 \ \LOT 2 / F1' 1. 44 - _ 1 1 . \ \ „\ \ •% /f \ r74.-1.d ! 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CONCEPTUAL DEVELOPME 1TPLA • p % / ,,`, ,,,p`.'�3,44na� ,. g y el.s. r �r LANDS OF YOM LEFEVRE t j L 'A • z1,w. •.T /;r•BEING ALL OITHAT 5.4611 DESIGNATED REMAINDER PARCC.OF LANG AR SHOWN ON • 7� ' \ * & / THAT CERTAIN MAP ENTITLED'PARCEL MAP'RECORDEDIN ODOK.92S DV NAPS,ATP,f ( _8 O P. __'_V_AND_6_ISA9TA CLARA COUNTY RECORDS AND LYING WITHIN THE. • 1 // 'PARCH(. f P �V PARCEL 2 \' N OF Los ALTOS HILLS, CALIFORNIA ✓ 3� 0K 625 MAPS Pc'S 4.5&6 QF ( // \7 �OK IYE fLAP9 PD:S 4,6 Q6� N.arrl[Y OW O/f0�434P- `'• cat 11 -/ a (.•PP.4.]uf \ • Giuliani d1 Kull, Inc.LI °"" • T R .A O f. 7 JI O. ,a 40 21s \ `\ � ��.�;...SITE 9CAL! :1•.a. 6•'•a -_..aetPE':Sv.NAS'+,T'1.. ✓,`'.r / N. x•9'1 u'+`.• • r i '.., 'a.. AO.* .. .� �e/•P �L'� e'�.�`��—.1 a�l4umi'``ti,,a \\ ` \ �yU'�r°� mss'. ..�, .b�.� A\unan Lama EL �G5! I�'".n''•m. \ A�h� \. \ • . \� ! ''e',11 °•`,N.. `rte ‘ h• R O h' �r. P ! ` 1 \ w .sem if` e..•`'• •� HOPI acw, Z' S // \\\ \� i I \ • \\ \. \�\' °' VICINITY MAP \ •1`. ND SEALS R.• \A. 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Inc. auprap.T: a �® ,�.�� -� cr.eaap ar: AND uses AS OWNER FURNISHED xwi•.•.a c.r w••..ra.c.,...a c•r.r LANDS OF TOM LEFEYRE OF SHEETS rwJ,gnu.: 1 • INFORMATION. Na1131u.. No.I1Jr•....II•+1 DRAWING•ur•a•: _.� •.••••• __.�. JO•DGNIa.: ..3331 K.•,a,o., .. Dal TOWN OF LOS ALTOS HILLS, CALIFORNIA i.1. Figure 4 Local Vicinity/Aerial Photo 6 a Section 2 Initial Study and Checklist • CEQA:CALIFORNIA ENVIRONMENTAL QUALITY ACT Initial Study and Checklist Title of Proposal: LeFevre Subdivision • Date Checklist Submitted: _ 1995 Agency Requiring Checklist: Town. of Los Altos Hills Agency Address: 26379 Fremont Road City/State/Zip: Los Altos Hills CA 94022 Agency Contact: Debbie Pollart/ Suzanne Phone: ( 41 5) 941 —7222 Davis DETERMINATION (To be completed by the Lead Agency.) On the basis of this initial evaluation: a) I find that the proposed project could not have a significant effect on the environment,and A NEGATIVE DECLARATION will be prepared ❑ b) I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared c) I fmd the proposed project may have a significant effect on the environment,and An ENVIRONMENTAL IMPACT REPORT is required ❑ Signature Print Name For Date 7 CEQA:CALIFORNIA ENVIRONMENTAL QUALITY ACT ' I ENVIRONMENTAL CHECKLIST FORM PROJECT LOCATION: Los Altos Hills Santa Clara County City County PROJECT ADDRESS: Altamont Road between Julietta and Altamont Lanes DESCRIPTION OF PROJECT: Four lot subdivision of a 9.45 acre parcel (see attached Tentative Subdivision Map) ENVIRONMENTAL IMPACTS: (CEQA requires that an explanation of all"yes"and"maybe"answers be provided along with this checklist,including a discussion of ways to mitigate the significant effects identified. You may attach separate sheets with the explanations on them.) Yes Maybe No I.EARTH.Will the proposal result in: a) Unstable earth conditions or in changes in geologic substructures? ❑ ❑ NJ b) Disruptions,displaceml nts,compaction or overcovering of the soil? ® ❑ c) Change in topography or ground surface relief features? ❑ ] [] d) The destruction,covering or modification of any unique geologic or physical features? ❑ ❑ e) Any increase in wind or water erosion of soils,either on or off the site? ❑ f) Changes in deposition or erosion of beachsands,or changes in siltation, deposition or erosion wlhichmay modify the channel of a river or stream or the bed of the ocean or any bay,inlet or lake? 0 ❑ g) Exposure of people or property to geologic hazards,such as earthquakes, landslides,mudslides,ground failure,or similar hazards? ❑ ® ❑ II.AIR. Will the proposal result in: a) Substantial air emissions or deterioration of ambient air quality? ❑ ❑ b) The creation of objectionable odors? ❑ ❑ c) Alteration,of air movement,moisture,or temperature,or any change in climate,either locally or regionally? ❑ ❑ III.WATER. Will!the proposal result in: a) Changes in currents,or the course of direction of water movements, in either marine or freshwaters? ❑ 0 8 I CEQA:CALIFORNIA ENVIRONMENTAL QUALITY ACT I b) Changes in absorption rates,drainage patterns,or the rate and amount of surface runoff? in 0 0 c) Alterations to the course or flow of flood waters? ❑ 0 (I d) Changes in the amount of surface water in any water body? 0 0 Ed e) Discharge into surface waters,or in any alteration of surface water quality, including,but not limited to,temperature,dissolved oxygen or turbidity? 0 () 0 f) Alteration of the direction or rate of flow of ground waters? 0 0 g) Change in the quantity of ground waters,either through direct additions or withdrawals,or through interception of an aquifer by cuts or excavations? 0 0 Eia h) Substantial reduction in the amount of water otherwise available for public water supplies? 1 0 0 NI i) Exposure of people or property to water related hazards such as flooding . or tidal waves? 0 0 IV.PLANT LIFE.Will the proposal result in: a) Change in the diversity of species,or number or'any species of plants (including trees,shrubs,grass,crops,and aquatic plants)? ® 0 0 b) Reduction of the numbers of any unique,rare,orlendangered species of plants? 0 0 IZ c) Introduction of new species of plants into an area,or in a barrier to the normal replenishment of existing species? 0 0 d) Reduction in acreage of any agricultural crop? j 0 0 iZi V.ANIMAL LIFE.Will the proposal result in: • a) Change in the diversity of species,or numbers of any species of animals (birds;land animals,including reptiles;fish and shellfish,benthic organisms or insects)? ❑ ❑ ® 1 b) Reduction of the numbers of any unique,rare,orlendangered species or animals? ! ❑ 0 IN c) Introduction of new species of animals into an area,or result in a barrier to the migration or movement of animals? ❑ ❑ ®- d) Deterioration to existing fish or wildlife habitat?I ❑ 0 VI.NOISE.Will the proposal result in: a) Increases in existing noise levels? ❑ ❑ El b) Exposure of people to severe noise levels? ❑ ❑ VII.LIGHT and GLARE.Will the proposal: I a) Produce new light or glare? I ❑ ❑ I VIII.LAND USE. Will the proposal result in: a) Substantial alteration of the present or planned land use of an area? ® ❑ ❑ IX.NATURAL RESOURCES.Will the proposal result in: I a) Increase in the rate of use of any natural resources? ❑ ❑ MI X.RISK OF UPSET.Will the proposal involve: I a) A risk of an explosion or the release of hazardous substances(including, but not limited to: oil,pesticides,chemicals or radiation)in the event of an accident or upset conditions? ❑ ❑ III 9 , CEQA:CALIFORNIA ENVIRONMENTAL QUALITY ACT b) Possible interference with an emergency response plan or an emergency evacuation plan? ❑ 0 XI.POPULATION.Will the proposal: a) Alter the location,distribution,density or growth rate of the human population of an area? 0 ❑ XII.HOUSING.Will the proposal: a) Affect existing housing,or create a demand for additional housing? 0 ❑ XIII.TRANSPORTATION/CIRCULATION.Will the proposal result in: a) Generation of substantial additional vehicular movement? 0 ❑ . b) Effects on existing parking facilities,or demand for new parking? ❑ ❑ c) Substantial impact upon existing transportation systems? ❑ 0 d) Alterations to present patterns of circulation or movement of people and/or goods? 0 0 e) Alterations to waterbome,rail or air traffic? ❑ 0 El f) Increase in traffic hazards to motor vehicles,bicyclists;or pedestrians? 0 0 XIV.PUBLIC SERVICES.Will the proposal have aneffect upon,or result in a need for new or altered governmental services in any of the following areas: a) Fire protection? 0 0 b) Police protection? ❑ ❑ c) Schools? ❑ ❑ d) Parks or other recreational facilities? ❑ ❑ EZI e) Maintenance of public facilities,including roads? ❑ 0 f) Other governmental services? 0 ❑ XV.ENERGY. Will the proposal result in: a) Use of substantial amounts of fuel or energy? ❑ 0 El b) Substantial increase in demand upon existing sources of energy,or require the development of new sources of energy? ❑ 0 XVI.UTILITIES and SERVICE SYSTEMS. Will the proposal result in a need for new systems,or substantial alterations to the following utilities: a) Power or natural gas? ❑ ❑ b) Communications systems? ❑ ❑ c) Water? 0 ❑ d) Sewer or septic tanks? ❑ 0 e) Storm water drainage? ❑ ❑ f) Solid waste and disposal? ❑ ❑ XVII.HUMAN HEALTH. Will the proposal result in: a) Creation of any health hazard or potential health hazard (excluding mental health)? 0 ❑ b) Exposure of people to potential health hazards? ❑ ❑ 10 CEQA: CALIFORNIA ENVIRONMENTAL QUALITY ACT XVIII!.AESTHETICS. Will the proposal result in: a) The obstruction of any scenic vista or view open to the public? ❑ ❑ b) The creation of an aesthetically offensive site open to public view? ❑ ❑ XIX.RECREATION.Will the proposal result in: a) Impact upon the quality or quantity of existing recreational opportunities? ❑ ❑ XX.CULTURAL RESOURCES.Will the proposal: a) Result in the alteration of or the destruction of a prehistoric or historic archaeological site? ❑ ❑ b) Result in adverse physical or aesthetic effects to a prehistoric or historic building,structure,or object? (,❑ ❑ c) Have the potential to cause a physical change which would affect unique ethnic cultural values? ❑ ❑ d) Restrict existing religious or sacred uses within the potential impact area? ❑ ❑ XXI.MANDATORY FINDINGS OF SIGNIFICANCE. a) j Potential to degrade: Does the project have the potential to degrade the quality of the environment,substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ❑ ❑ 0 b) Short-term: Does the project have the potential to achieve short-term,to the disadvantage of long-term,environmental goals?(A short-term impact on the environment is one which occurs in a relatively,brief,definitive period of time. Long-term impacts will endure well into the future.) ❑ ❑ c) Cumulative Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small,but where the effect on they total of those impacts on the environment is significant.) ❑ [J ❑ d) :Substantial adverse: Does the project have environmental effects which will cause substantial adverse effects on human beings,either directly or indirectly? ❑ ❑ XXII.DISCUSSION OF ENVIRONMENTAL EVALUATION. • (This section may be filled out by using narrative,or by using a form,such as the example given in the CEQA Guide- lines.) Refer to attached narrative. XXIII.DISCUSSION OF LAND USE IMPACTS. (An examination of whether the project would be consistent with existing zoning,plans,and other applicable land use controls.) Refer to attached narrative. • 11 Environmental Checklist/Initial Study LeFevre Subdivision Environmental Evaluation The following is an explanation of answers provided in the Initial Study. The roman numeral and letter reference the individual questions of the Initial Study. Answers to the Initial Study were largely based upon previous environmental documentation of the subject property provided by the Eshner Subdivision Initial Study, technical reports and subsequent Draft and Supplemental Draft Environmental Impact Reports (SCH 91063085). The reports are on file at the Town and can be viewed during 8:00am- 12:00 and 1:00 -5:00pm Monday through Friday. Explanation of "No" Responses - I. Earth Responses a and d and are based on the Terra Search Report dated May 7, 1990 and the letter from William Cotton & Associates dated June 2, 1990 which states that due to the nature of the project no unstable earth conditions or destruction of any unique geologic feature is anticipated to occur. Response to item f: no oceans, bays, inlets or streams will be effected by the development of this property. II. Air Responses to a,b and c: because of the relatively small project proposal, development of this property for single-family residential use will not significantly modify air quality. III. Water Responses to a and d: no marine'or fresh water oceans, lakes or streams are effected directly by this project. Responses c and I: no federally identified flood areas or tidal areas are associated with this project. Responses to f and g: any existing wells on the property will be required to be permitted through the Santa Clara Valley Water.District and no other significant impact on ground water quality or recharge is anticipated. Response to h: Purissima Hills Water Company will be servicing this development and indicates no problems with or significantimpact on water availability. IV. Plant Life Responses to b, c and d: the property is not identified as agriculturally significant (California Department of Conservation mapping dated July 1, 1990). No rare or endangered species have been identified,in association with this property. V. Animal Life ' ' Responses to a through d: no significant wildlife habitat areas or rare or endangered species have been identified in association with this property. 12 XVI. Utilities and Service Systems Responses a through f: utility companies have indicated no problems with the provision of services to the proposed project. XVII. Human Health Responses to a and b: no health hazards have been identified relative to the proposed project that are not identified in some other category on this checklist. XVIII. Aesthetics Response to a and b: no obstruction of any scenic vista or creation of an aesthetically offensive site open to public view is anticipated due to the proposed project. Distant views from the existing house in the center of the horseshoe-shaped project site are not anticipated to be effected due to the existing conservation easement. Proposed houses are not anticipated to result in a significant impact to near views. XIX. Recreation Response to a: no effect on the availability or quality of recreational resources will occur due to the proposed project. XX. Cultural Resources Responses to a through d: no culturally or historically significant resources have been identified in association with this site. Explanation of "Maybe" or "Yes" Responses Earth Disruptions of the soil, change in topography, increase in erosion of soils, and exposure of people or property to geologic hazards (Responses b, c, e and g): Limited overcovering of soils and regrading of the property will occur as a result of its development, however, these impacts arenot considered significant. Erosion control plans will be required as conditions of approval during the construction of the subdivision and the residences. Construction will not be allowed to occur within the set Human Habitation Setback Line (HHSBL). Proposed Miltigation Measures: 1. The project grading plan shall include an approved drainage and erosion control plan to minimize the impacts from erosion during construction. This plan shall confom to all standards adopted by the Town of Los Altos Hills and Santa Clara County. 2. Prior to approval of building permits, the project proponent shall supply a landscape plan that provides long-term control of erosion. 14 VI. Noise Responses to a and b: residential development of this property is not anticipated to increase noise levels above those permitted in the Town by the General Plan or the Municipal Code. VII. Light and Glare Response to a: no significant levels of light or glare in excess of those providedfor the Town Ordinances is anticipated to result from the development of this property. VIII. Land Use Refer to Explanation of "Maybe" or "Yes" Responses. IX. Natural Resources Response to a: due to the small number of residences proposed, development of this property is not anticipated to significantly impactthe rate of use or availability of any natural resource. X. Risk of Upset Responses to a and b: residential development of this property will not result in significant increased risks associated with hazardous materials or interference with any emergency plan. XI. Population Response to a: no significant alteration of population trends are associated with this project. XII. Housing Response to a: this project will slightly add to housing stock but has no significant impact on the availability of or need for housing. Removal of the existing cottage structure is not considered a significant impact to housing. XIII. Transportation/Circulation Responses to a through f: significant volume: increases will not result from this development. The proposed private roadway is located at the position recommended by TJKM Transportation Consultants for traffic safety and site distance requirements. XIV. Public Services Responses to a through f: the development of four residential lots is not anticipated to significantly effect the provision of public services in the Town. XV. Energy Responses to a and b: the development of four new residential lots will not significantly impact energy resources or their availability. 13 III. Water Changes in absorption rates, drainage patterns, the rate or amount of surface runoff and discharge to, surface waters (Responses b and e): Drainage and hydrologic information on the subdivision has not been submitted by the proponent, and as a result evaluation of impacts related to changes in drainage patterns and quantitiI s cannot be fully evaluated at this time. Erosion control measures should be evaluated to determine which would be most effective in controlling erosion on this property primarily during the construction period of the subdivision improvements and also the individual site development. The rate of absorption of this property will be reduced due to the subdivision improvements of future site development. The effects of increased Istormwater flow off the site will need to be investigated downstream of the project and appropriate mitigation measures incorporated into the downstream system to; accommodate the increased rate of runoff. Proposed Mitigation Measures: 3. Prior to approval of grading permits, the project proponent shall apply for NPDES stormwater discharge permit that applies to the grading of five or more acres of land, if it is deemed necessary. 4.! The culvert at the southern end of the project shall be cleaned of debris and sediment prior to commencement of the rainy season (November 1), and during the rainy season (November to April 1) as necessary to maintain free-flowing conditions. To facilitate maintenance the culvert shall be designed to Town standards. This shall be accomplished to the satisfaction of the City Engineer. 5. The project grading plan shall include an approved drainage and erosion control plan to minimize the impacts from erosion and sedimentation. This plan shall conform to all standards adopted by the Town of Los Altos Hills and Santa Clara County. The plan shall include procedures such as: (a) restricting grading to the dry seal son; (b) protecting all finished graded slopes from erosion using such techniques as hillslope benching, erosion control matting, hydroseeding; protecting downstream storm drainage inlets from sedimentation; (d) use of silt fencing to retain sediment on the project site; and (e) any other suitable measures outlined in the Association of Bay Area Governments' (ABAG) Manual of Standards. The plans shall be submitted to and approved by the City Engineer prior to issuance of a grading permit. 6. Prior tol the expiration of the warranty all drainage culverts shall be inspected for accumulated sediment. If sediment accumulation has occurred, these drainage structures shall be cleared of debris and sediment by the Applicant. This shall be completed to the satisfaction of the City Engineer. 7. The project site drainage shall use grass-lined ditches and swales wherever practical. The drainage plan shall be submitted to the City Engineer for approval prior to issuance of a grading permit. 15 IV. Plant Life Plant life change in number (Response to a): The west side of the property and a portion of the north boundary of the property contains stands of high quality Oak woodlands which would be significantly effected if not set aside for preservation by conservation easements or some other form of protection. Individual tree protection is inadequate to address the protection of these areas which are outlined to be preserved in the Town's.General Plan. The Conceptual Development Plan shows that five (5) 15" live oaks and three,(3) 10" live oaks would be removed from Lot 1 and one (1) 15" locust would be removed from Lot 2. The plan also indicates that building footprints may encroach upon tree driplines. Proposed Mitigation Measures: 8. Prior to subdivision improvements, the applicant shall submit to the Planning Director a plan for protection of trees on-site during the-construction and grading process. The plan shall be approved by a certified arborist, and by the Town prior to issuance of any grading permits. 9. Areas of significant oak woodlands are to be protected by an established conservation easement. The easement shall be extended to the dripline of the trees. The conservation easements shall be specified on the subdivision map. 10. Prior to issuance of occupancy permits the applicant shall replace each Heritage Oak removed or damaged with five (5) 48-inch box trees of the same species as the tree removed. Only trees indicated for removal on the approved Tentative Map (and subsequently "tagged" in the field) shall be removed. The location of replacement trees shall be approved'by the Planning Director. A multi-year bond (2 to 5 years to be determined by the Town) shall be paid by the applicant to ensure maintenance and care for replacement trees. VIII. Land Use This development is proposed to relocate an existing 1.94 acre Conservation Easement by "shifting" it to the south. The new Conservation Easement would encompass 2.0 acres. Siting of the development circle for Lot 3 intrudes-on the Human Habitation Setback Line (HHSBL). Proposed Mitigation Measures: 11. No construction activities of any kind,including grading and excavation shall occur within the area designated for the proposed conservation easement on Lots 1 and 2. This shall be demonstrated to the satisfaction of the City Engineer prior to issuance of grading or building permits. 12. No building or placement of structure that humans will inhabit shall occur within the existing HHSBL. This shall be shown on a revised tentative map to the satisfaction of the City Engineer prior to the issuance of building permits. 16 13. Only native landscaping is allowed in the conservation easement, as approved by the Town. Only clearing of poison oak and fire clearing, as approved by the Town is allowed. This shall be indicated on landscape plans submitted for the subdivision and individual lot development (as applicable), and approved by the Planning Director prior to approval of the Tentative Map. 14. No building or structure of any type is allowed in the conservation easement except lawful open-style fencing which does not hamper the-movement of wildlife. This shall be accomplished to the satisfaction of the Planning Director prior to approval of the Tentative Map. 15. The final tract map shall note and the applicant shall dedicate a conservation/open space easement of equal public benefit as the easement being abandoned as may be determined by the City Council. 16. No construction activities of any kind, including grading and excavation shall occur within the area having a slope greater than 30 percent. This area should be considiered a conservation easement and shall be indicated on the Tentative Map. This shall be demonstrated to the satisfaction of the City Engineer prior to issuance of grading permits. 17 . • • Appendix M • A/MFA Worksheets TOWN OF LOS ALTOS HILLS 26379 Fremont Road • Los Altos Hills,California 94022 • (415)941-7222 • FAX(415) 941-3160 • • PLANNING DEPARTMENT WORKSHEET #1 CALCULATION OF AVERAGE SLOPE, LOT UNIT FACTOR ' MAXIMUM DEVELOPMENT AREA, AND MAXIMUM FLOOR AREA • TURN IN WITH YOUR APPLICATION • PROPERTY OWNER'S NAME LEFEV G . PROPERTY ADDRESS -m-p p-nnr RD R-- - PARceL 1 CALCULATED BY 6 /u (A-Al I 4,A1C ��LC DATE /l — - 1. CALCULATION OF AVERAGE SLOPE A. CONTOUR LENGTH WITHIN NET AREA OF LOT (An) • CONTOUR LENGTH CONTOUR LENGTH CONTOUR LENGTH CONTOUR LENGTH (INCHES) (INCHES) (INCHES) (INCHES) Ila 'p =2.W I5 11 155 1.0 - -1 coo 5,(0 -7 3c 5.1 74o 1 �. - 55 C _ 55 C .05e3) = 2.e9 TOTAL 3 55 00 3 L ,00-23 ( �� Convert inches to feet (multiply by map scale) = (L) = /13, la1 / feet B. AVERAGE SLOPE WITHLv' NET AREA OF LOT =S = (0.0023) (I) (L) I = contour interval' L= total length of An = net acreage An in feet. 1 contours in feet of lot S = (0.0023) ( ) ( ' ) _ ( /.3-6 ) t` .5; nearest 0.1% 2. CALCULATION OF LOT UNIT FACTOR (LUF) LUF = (An)(1 - [0.02143(S - 10)]} = f, O' /- • C> If the average slope is less than 10%, the LUF for the lot is equal to the net area. C> If the LUF is equal to or less than 0.50, you will need a Conditional Development Permit. Make an appointment with the Town Planner for further information. / Page 1 of 2 REVISED 12/09/91 111.r11- — v�7�� LDJ: MAC HD/ORICINALS/PLANNING/Worksheet It1 ' TOWN OF LOS ALTOS HILLS . 26379 Fremont Road • Los.Altos Hills,California .94022 • (415)941-7222 • FAX(415)941-3160 ' • PLANNING DEPARTMENT WORKSHEET:#1 CALCULATION OF AVERAGE:SLOPE, LOT UNIT FACTOR MAXIMUM DEVELOPMENT AREA, AND MAXIMUM FLOOR AREA •TURN IN WITH YOUR APPLICATION • PROPERTY OWNERS NAME L1✓pEV f?E PROPERTY ADDRESS . -4j om-r 120 ASO - PA-RGEL a. • CALCULATED BY. . (5, 4 l a Yl l $. KW I DATE 1. CALCULATION OF AVERAGE SLOPE A. CONTOUR LENGTH WITHIN NET AREA OF:LOT (An) • CONTOUR LENGTH CONTOUR LENGTH CONTOUR LENGTH CONTOUR LENGTH (INCHES) , . (INCHES) (INCHES) (INCHES) 105• -Pre .1 "7 g.0 1/0 ‘1.4 75D •0 ltd q. 0 755 - `7mac; g 7cco q, g 7d5 q•IS . . . 705 3. $.(P '170 •3 • 73.5 g.5 -115 .. �5 ,oma,C = 55 ( ) _ TOTAL L O I . I 6 00a.-3) (z) c5) Convert inches to feet (multiply by map scale)',.= . (L) -F x,07• (42 93 feet B. AVERAGE SLOPE WITHIN NET AREA OF LOT S = (0.0023) (I) (L) I = contour interval ; L= total length of An = net acreage A n in feet contours in feet of lot S = (0.0023) ( 6 ) ( L 293) = . ( 2.55 ) 19 :4 4 . nearest 0.1% - 2. CALCULATION OF LOT UNIT FACTOR (LI_TF) .. LUF = (An)(1 - [0.02143(S - 10))) = 2.0 14 E> If the average slope is less than 10%, the LUF.for the lot is equal to the net area. C:). If the LUF is equal to,or,less than 0.50, you will need a Conditional Development Permit. Make an appointmentwith the Town Planner for further; information. 041- - 23)1/09 Page 1, of2 REVISED 12/09/91 m F,4 -. I 1,281 LDJ: MAC HD/ORIGINALS/PLANNING/Worksheet*1 TOWN OF LOS ALTOS HILLS • 26379 Fremont Road • Los Altos Hills,California 94022 • (415)941-7222 • FAX(415)941-3160 ' + PLANNING DEPARTMENT' WORKSHEET #1 • CALCULATION OF AVERAGE SLOPE, LOT UNIT FACTOR MAXIMUM DEVELOPMENT AREA; AND MAXIMUM FLOOR AREA ' • TURN IN WITH YOUR APPLICATION • PROPERTY OWNER'S NAME L,ErEvRE • PROPERTY ADDRESS A-L-r' o-nT Ro 4-D . PAi2.cEz 3 CALCULATED 1 BY G ti(.,( (owl 8 .Ktk( I :. DATE ' 1. CALCULATION OF AVERAGE SLOPE j. - A. CONTOUR LENGTH WITHIN NET AREA OF LOT (An) CONTOUR' LENGTH CONTOUR LENGTH CONTOUR LENGTH CONTOUR LENGTH I (INCHES) (INCHES) (INCHES) (INCHES) (eqo D, (&q5 o -7 e-o 7,o • - 1D5 L-1.S I. TOTAL I 4.2, Convert inches to feet (multiply by map scale) = . (L) = 5 g feet B. AVERAGE SLOPE WITHIN NET AREA OF LOT =S = (0.0023) (I) (L) I = contour interval L= total length of An = net acreage I A n in feet contours in feet of lot S = . (0.0023) ( 5 ) ( me, ) = • ( i.a -)' .. 5 • nearest 0.1% '2. CALCULATION OF LOT UNIT FACTOR (LUF) LUF = (An){1 - [0.02143(5 - 10)]} _ I , 211 • - . C> If the.average slo, a is less than 10%, the LUF for the lot is equal to the net area. E If the LIJF is equal to or less than 0.50, you will need a Conditional Development Permit. Make an appointment with the Town Planner for further information. rn D'A b (50 Page1 of 2 REVISED 12/09/91 LDJ: MAC HD/ORIGINALS/PLANNINC/Worksheet 111 ( • TOWN OF LOS ALTOS HILLS • 26379 Fremont Road • Los Altos Hills,California 94022 • (415)941-7222 • FAX(415)941-3160 • PLANNING DEPARTMENT WORKSHEET #1 CALCULATION OF AVERAGE SLOPE, LOT UNIT FACTOR MAXIMUM DEVELOPMENT AREA, AND MAXIMUM FLOOR AREA • TURN IN WITH YOUR APPLICATION • PROPERTY OWNER'S NAME L EFEV R • PROPERTY ADDRESS A Lr��-(o tt-i Po 4-0 •- CALCULATED BY 6(Lt( (an I $. K bo I DATE 1/ - - 9.74 1. CALCULATION OF AVERAGE SLOPE A. CONTOUR LENGTH WITHIN NET AREA OF LOT (An) CONTOUR LENGTH CONTOUR LENGTH CONTOUR LENGTH CONTOUR LENGTH (INCHES) (INCHES) . . (INCHES) (INCHES) (;5D /, .. & .O /�{-- p 5— 4-0 1�q4 9-0 ( coo 5.co Toa • a. ( (o 5" 7 4 6-15 (oo I TOTAL cl 7. 5 Convert inches to feet (multiply by map. scale) = . (L) = 6 v feet B. AVERAGE SLOPE WITHIN NET.AREA 'OF LOT =S = (0.0023) (I) (L) I = contour interval L= total length of An = net acreage A n in feet contours in feet of lot S = (0.0023) ( 5 ) ( ) •• ( 3.83 ) I I. 1 nearest 0.1% .2. CALCULATION OF LOT UNIT FACTOR (LUQ LUF = (An)(1 - [0.02143(S- 10)]) = 3 . • b If the average slope is less than 10%, the LUF for.the lot is equal to the net area. E If the LUF is equal to or less than 0.50, you will need a Conditional Development Permit. Make an appointment with the Town Planner for further information. • -. Plan - 52219a Page'1 of 2 REVISED 12/09/91 _- LDJ: MAC HD/ORIGINALS/PLANNING/Worksheet NI 21626 A'. `l Cobb' 30 Village LaneV:;::; ihian�' b n ; Los Gatos, California 95030 `j � and Associates (408) 354-5542 September 21, 1994 L3164 G .'*';) TO: Linda S. Niles '\99A Town Planner SSP Z TOWN OF LOS ALTOS HILLS 0-O-S 26379 Fremont Road NO-1°S Los Altos Hills, California 94022 a \-0 100 SUBJECT: Geologic and Geotechnical Review RE: Lands of LeFevre 26410 Altamont Rd. 4-Lot Subdivision ' At your'request, we have completed a geologic and geotechnical review of the subject property'using: • Soil and Geologic Investigation (report) prepared by Terrasearch, dated June 10, 1981; Soil and Geologic Investigation Update (letter) prepared by Terrasearch, dated November 18, 1988; • • Supplemental Geologic Investigation prepared by Terrasearch, dated August 24, 1992; and • Tentative Map, Conceptual Development Plans (4 sheets, 40- scale) prepared by Giuliani and Kull, dated March 31, 1992. In additior, we completed a recent site reconnaissance, and reviewed pertinent technical documents (L3192 and L3273) from our office files concerning the subject property. DISCUSSION Our review of the referenced documents indicates that the applicant is proposing to subdivide a single parcel into four residential lots. The single parcel is Parcel C of a four parcel subdivision that was approved by our office in November, 1988. The subject property surrounds an existing developed lot. Access to this lot is provided by an asphalt driveway that crosses proposed lots 1 and 2. An existing water tank and • cottage are located on proposed Lot 2. Proposed lots 3 and 4 are undeveloped. Access to the four lots is to be provided by proposed Elizabeth Court, which extends from Altamont Road at the northern end of the property. ENGINEERING GEOLOGY • ENVIRONMENTAL EARTH SCIENCES • FOUNDATION ENGINEERING Linda S. Niles September 21, 1994 Page 2 L3164 Under previous applications (November 1989 and August 1992), the subject property was proposed to be subdivided into six and five residential lots, respectively. In our review report dated August 27, 1992,we recommended approval of the Tentative Map for the proposed five-lot subdivision. In October 1993, a subsequent application was submitted for a four-lot subdivision of the subject property. In our review report for this application, dated October 11, 1993, we recommended that the applicant's geotechnical consultant review the submitted Tentative Map to verify the location of the recommended seismic setback zone. CONCLUSIONS AND RECOMMENDED ACTION According to the 1981 Soil and Geologic Investigation (report) completed by Terrasearch for the original four parcel subdivision (of which the subject property is Parcel C), a potentially active trace of the Berrocal fault was identified and mapped through the property. The consultant recommended a 30-foot seismic setback zone on either side of the mapped surface trace of the fault. This zone crosses through proposed Lots 3 and 4. In August 1992, the consultant concluded that based on available data, the seismic hazard of surface fault rupture was negligible outside of the designated setback zone. Based on our review of the referenced documents, the recommended seismic setback zone appears to be accurately located on the submitted Tentative Map. However, considering new seismic data and heightened awareness regarding thrust faults, resulting-from the recent Northridge earthquake (January 17, 1994), as well as research along the thrust faults of the local peninsula, Terrasearch should review the proposed Tentative Map and verify that the recommended seismic setback zone is accurately depicted and still appropriate at this site. We recommend that the following condition be completed as a condition of Tentative Map approval: 1. Seismic Setback Verification-The applicant's geotechnical consultant should review the current Tentative Map. Considering new seismic data resulting from the recent Northridge earthquake,as well as recent studies of thrust faulting along the local front range (Lettis, 1994), the consultant should evaluate whether the depicted seismic setback zone is accurately located and appropriate at this site. The results of this seismic setback verification should be summarized in a letter by the consultant and submitted to the Town Engineer for review prior to granting Tentative Map approval. Site development plans should be approved by the Town Geotechnical Consultant prior to issuance of grading and/or building permits for individual lots. William Cotton and Associates `� Wi4 •� Linda S. Niles September 21, 1994 Page 3 L3164 Respectfully submitted, WILLIAM COTTON AND ASSOCIATES, INC. TOWN GEOTECHNICAL CONSULTANT TV/1r Julia Branch Lopez Project Engineering Geologist Ltffq14S.C4)14—• William R. Cotton Principal Engineering Geologist CEG 882 WRC:TS:JL • William Cotton and Associates Town of Los Altos Hills • Pathways, "` �L:,F Parks&Recreation Connnittee Les Earnest: 12769 Dianne Drive; Los Altos Hills, CA 94022 Phone: 415 941-3984 Fax: 415 941-3934 Internet: Les@cs.stanford.edu 8/21/94 To: Planning Commission & City Engineer "u � "IVO From: Les Earnest, Pathways Committee Chair/Z. ,8 0 Subject: Pathway requests The Pathway Committee makes the following recommendations. Lands of Noghrey; 27870 Fawn Creek Court: restore II-B path along Fawn Creek. Lands of Chan; 14265 Berry Hill Court: no request. • Bellucci Subdivision: in addition to previously specified native pathways parallel to Moody Road between the toe of the slope and Adobe Creek, and the pathways along Francemont Avenue and both sides of Adobe Creek Lodge Road, the degraded native path going from the end of Francemont diagonally uphill toward the West and connecting with a graded road in the open space easement should be regraded and the graded road in the open space should be made a part of the pathway system. There should also be a II-B path with switchbacks constructed from the West lobe at the end of Adobe Creek Lodge Road going uphill to connect with the graded road. Lefevre (former Eschner) Subdivision: request II-B pathway on top_.:of the )(c... bank along Altamont; along either side of Elizabeth Court (don't care which side); and along the southern boundary of Lot 2 from Silent Hills Lane to the pathway leading to Julietta Lane. Also grade a 10 foot native path along the Southwestern edge of Lot 4. Note: where construction or upgrading of paths to the II-B standard is recommended, this is to include irrigation at least 5 feet away from path and a non-slip surface on any crossing driveways. Where there is "no ,request we recommend that in lieu fees be collected where possible. ®S Ali ' CITY OF LOS ALTOS � 1 . �, ®� FIRE DEPARTMENT 10 Almond Avenue , .Jr '� Los Altos California 94022-2201 f 1'' ®6c� (415) 948-2404 'gym i August 18, 1994 • RECEIVED AUG 2 3 1994 Mr. Jeff Peterson Town of Los Altos Hills TOWN 0F LOS ALTOS HILLS 26379, Fremont Road Los Altos Hills, CA 94022 RE: T/M Lands of LeFevre Elizabeth Ct . at Altamont Road Dear Mr. Peterson: The Los Altos Fire Department approves the above subject to the following condition: Install one fire hydrant at a location specified by the Fire Dept . The hydrant shall be installed and ready for use prior to the issuance of any building permits . Sincerely, ,J7-/ig:/&//AFee Stuart Farwell Los Altos Fire Dept . RESPONSIVE-INNOVATIVE-CONCERNED , . ....... r. THOITS, LOVE. HERSH8ERGER Cs NicLEAN A PRO/C$8IONAL CORPORATION p1ANA•CACIMA4J8CN ATTORNF�Y$/1T LAW TCRRCNCC p•CONNC1r its UNIVCMaiTY AVCN1.It. WIC 1200 SITAR Cm A.OENNis' STCPRCN C.OCRRIsH •ALO AUTO.CALIIOANIA 1143OI I - - r,RONALD NRR$N•C114Cw 7CLCPNON6 14151 3 a,.4CoO TMOMAS I.JACOO FACSIMILC 14161 ,Y C j.00/+ otRALO 4.KITC NKN WILLIAM.J.MQLCAN 40“04 C..LCMMAN ARUCC N.warm"1 11....—. 1 PAVI.C.RICE *ARACrt4 R.MOITS Ow WILLIAM d OtC JUOY KOONO SACT$4 JAMCa R.laARNCTT RICMARO L.CMRMAN E.DAV4e MARKS I • WALTER T.MOCIRC i JCANNC ORALE RO1;CN/ICLO JRIlCfEV A.SNYDC:A October 21, 1994 ' YI PROS (4 51 96 ••0666 Harry I. Price, Esq. Reynolds, Roux, Price & Cases 5150 El Camino Real, Suite C-21 • • Los Altos, CA 94022-1527 Re: Cleary 1.J. Phelps, L.Bevre, et al. Dear Harry: - . This will confirm that our clients have agreed to settle the above • referenced matter for the following: I. Mr. LeFevre shall construct 100% of Silent Hills Lane at . his sole coat;. 2. Dr. Cleary- shall be responsible If= constructing the driveway from Silent Hills Lane as it .enters his property to .his home at his. cost; . • . .3. Upon .completion. of Silent Hills Lane, and certification .. • by the Town of Los Altos Hills that Silent Rills Lane is usable, Dz.. Cleary shall use Silent Hills Lane as the sole access to his property and shell agree that he has i no rights to the use of the existing driveway as set. forth in the. 1964 easement; 4 . Mr. LeFevre shall be responsible' for the relocation--of any and all utilities, . telephone, water, sewer, etc. as necessary to ' Dr. Cleary's property pursuant to the Subdivision Agreement with Los Altos Hills; • 5. Dr. Cleary shall be responsible fors, the relocation of any and all utilities as sat forth in the proceeding paragraph from the end of Silent Hills Lane or elsewhere on Dr. cleary',s property; 6I. Dr. Cleary and Mr. LeFevre shall execute any necessary three-way maintenance agreement for Silent Hills Lane A:�C2406.00t(2)�eRSCt.L10 � • October 211, 1994 I � Harry I. Price, Esq. October 21, 1994 Page 2 such that Parcels 1, 2 and 3, as set forth on the 1991 map, shall each be responsible for 1/3 of the maintenance of Silent Hills Lane; 7. All the obligations of this letter shall run with the owner of the different properties bound by this agreement and the necessary documents shall be recorded to bind said property: 8. Dr. Cleary may take the gate and; brick. pillars which are presently located at the Altamontentrance to , the existing driveway and move them to the point at which Silent Hills Lane enters his property at the sole cost of Dr. Cleary subject to the approval of Los Altos Hills; 9 . All parties shall waive costs and fees in this matter; • and ' 10. All parties agree to execute all .necessary documents to effectuate this settlement, including a foxxtal settlement agreement. • It is understood that Dr.. Clearn, is making no representation of what actions ha might take in regard to any subdivision efforts by Mr. LeFevre. This settlement shall not in any -way impact any other issues or potential obligations between the parties other than the quiet title action which is presently filed in Santa Clara County and the obligation to construct Silent-Hills Lana. • If this letter conforms with your understanding of the agreement, please have your client execute a copy of this agreement and return it to me. I will also obtain a 'signature from-my client. Thank you for your professional courtesy and cooperation in this regard. Very truly yours, • ;27: i Marks for Thoite, Love, Hirshberger A McLean I have read and agree to the settlement of the above referenced ,action based..on the terms set forth in this letter. •Date: October _, 1994 (5ra , on-, apird'l . pagcJ Gary W. Cleary u pad e,) October j, 1994 fliiimwwee 4. 1104PLAL ,,_. Thomas LeFevre AIWzocoolahr ltett.Llo October 21. 1994 , ,,, 4. . ) ‘ . 1111 L688PAGE 1349 1078534 . '►11.t.0 FUM h ::u►tli 6 j ' AT REQUEST OF LOS ALTOS ff s . This Document is Recorded �PR 25 52liti 'g0 For the Benefit of the . Town of Los Altos Hills OFFICIAL RECORDS And is Exempt from Fee . SANTA CLARA COUNTY , Per Government Code - LAMr KANE Sections 6103 and 27383 REC(,RUF R • When Recorded, Mail to: APR 2 5 1991 • Town of; Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attention: ' City Clerk - . RESOLUTION NO. 13-91 . 'irm . A RESOLUTION OP NO F E E - - - • THE CITY COUNCIL. OP' . . THE TOWN OP LOS ALTOS HILLS ACCEPTING CONSERVATION EASEMENT ON TRACT NO. 4897 . WHEREAS, on October 5, 1970, the Town required, as a ;. • condition. to approval of a tentative • subdivision map. of fourteen (14) lots, that the. subdivider dedicate the development rights.:to 2.3 acres :.lying between the Eshner homesite and Altamont. Road, or dedicate it to' the Town as Open Space; and WHEREAS, in order to fulfill this condition, the final map- for Tract No. 4897 ("Map") designated a Conservation Easement reserved:,for preservation .of view and slope control purposes;.. and . WHEREAS., the City Council approved the Map on August 16, 1971 and it was recorded in the Office of the, County Recorder of Santa Clara County on August 2.0, 1971; and WHEREAS, the Certificate of the City Clerk on the Map indicates that the Town rejected all parcels of land shown on the j Map 'whichwere offered for dedication to public use in conformity - with the term of the dedication offer; and WHEREAS, the City Clerk's Certificate leaves some doubt as to whether the Conservation Easement was rejected- by the Town; and 1 ; WHEREAS, the- Town wishes . formally to ;accept the Conservation Easement noted on the Map' on behalf of the public; NOW, THEREFORE, the, City Council of the Town of Los Altos Hills does RESOLVE as follows: i 1 . . . . , III 6sspt�435O . . . . . . Section 1. The rejection, if any,' of the Conservation -• Easement of approximately 1.99 acres designated on the Final-- . . Subdivision Map for Tract No. 4897, which Map was recorded on August 20, 1971 at Book 288, pages 42 ;and 43 in the Office of the ,.. County Recorder of Santa Clara County !is hereby rescinded, and • said Conservation Easement is hereby accepted by the City Council on behalf of the residents 'of-Tract-NO.-4897 and-the Public. - - Section 2. The City Clerk is hereby directed to cause" a certified copy of this resolution .to, be recorded. in the Office of the County Recorder of Santa -Clara" County. REGULARLY PASSED AND ADOPTED this 3rd day of. .. •April . 1991. . ,By: (N.c.�%G- ,... A • Mayor' ATTEST: e--,\ ' 7 :-/) ' • . C tx.. C1 k , • • • • • • • PB\MAS\1494906J.W50 , I - 2 - •-• ' ' . . . . 1. 668ME1351 . . 1 ) STATE OF CALIFORNIA ) , r ss. COUNTY OF SANTA CLARA ) , . , On this 9th day of April , 19 91 , before me, . : a Notary Public in and for the County of Santa Clara, State of a , California, person lly appeared William M. Siegel and Patricia Dowd , known to me to be the Mayor and City Clerk, respectively, of the City of State of California, and known to me to be the persons who executed the within instrument on behalf of the Municipal Corporation therein named, and acknowledged to me that such Municipal1, Corporation executed the within instrument pursuant to a Resolution of its City Council. IN WITNESS WHREOF, I have hereunto set my hand and affixed my official seal the day and year in this Certificate first above written. , ,--- s , °''2"1*-. 6'"="'''="" *"=-1 -=`-4-'2"•="2fte, ; i „,t_2.-LY----c,--------- - $ 602A-14.4 OFFICIALSEAL Notary Pub c in and for 1.HARRISON the Count of Santa Clara NOTARY PUBUC-CAUFORNIA 6 SANTA CLARA COUNTY ' State of California soll' "=.4'gg!=g4Q ! My commission expires: 2-2-94 (SEAL) • ' . RECEIVED Dr. and Mrs. Gary W. Cleary AUG - 3 1995 26410 Altamont Road Los Altos Hills, CA 94022 TOWN OF LOS ALTOS HILLS August 3, 1995 ' I Ms. Suzanne Davis Planner Los Altos Hills Planning Department 26379 Fremont Road Los Altos Hills, CA 94022 Dear Ms. Davis: My wife and I live in the center of the proposed LeFevrei,Subdivision that is totally surrounded by land owned by Mr. LeFevre. The area has been commonly known in the past as "The Eshner Estate". Attempts to subdivide the land since 1990 has had no representation from anyone living here until now. We have lived here for 2 plus years and would like to share oulr experiences, concerns and observations with you. The purpose of my letter is to ask you, the Planning Commission of Los Altos Hills, to carefully consider the proposed LeFevre Subdivision, and to withhold the necessary permits to allow this development project to begin, as the project appears to violate certain town resolutions, recordings and principles as well as conflicts with docJmented Town Hall records. There are four major issues that I would like to brin6,to your attention: 1 . There is an existing quiet title action between iMr. LeFevre and us over our current driveway. Thecurrentsubdivision map does not show our driveway and the issue still remains unsettled in the court. The subdivision should not move forward until the issue is settled. 2. The current conservation easement to the east of us should not be shifted but left as it was intended by the Town Hall. The citizens of Los Altos Hills would also be giv'ng up land that has been made a conservation easement in trade for land tha already is essentially a conservation easement. 3. 1The pro osed "Elizabeth Court" does not address certain safety issues which either was mentioned or was not taken into consideration in the previous draft EIRs.. Earlier documentation needs to be revisited. 1 • 4. Oak tree on the hill west of us were left off of the map and need to be re consided before chopping them down as proposed by the subdivider. This impacts on the preservation of oak trees in the environrment, 1 C. J page 2 We have spoken to Mr. Curtis Williams and Ms. Suzanne Davis in the Town Planning Department about these concerns and they said they would be taking these concerns in consideration in their report to you. I will go into more detail with these and other issues at the hearing on August 9. Nobuko and I look forward to meeting you and having the opportunity to address our concerns on August 9. Sind% , 14; Gary ry Cleary cc: Town of Los Altos Hills Planning Commission Mr. Curtis Williams Ms. Suzanne Davis