HomeMy WebLinkAboutJuly 14OSC FINAL_Minutes16-0714.docx 1
Los Altos Hills Open Space Committee
Los Altos Hills Parks and Recreation Building
FINAL Minutes of Regular Meeting July 14, 2016
Members and Associates Present: George Clifford, Nancy Couperus, Kit Gordon, Alice Sakamoto, Sharen
Schoendorf, Wendie Ward, Sue Welch (Members), Karen Lemes (Associate)
Members and Associates Absent: Sarah Fogarty, Jean Struthers (Members); Richard Contreras, Heather
Knight (Associates)
Council Liaison Absent: Gary Waldeck
Member of Public Present: Kjell Karlsson (LAH Finance and Investment Committee)
1. Call to Order and Approval of Minutes
A. Roll Call. GC NC called the meeting to order at 9:05 am.
B. Acceptance of Meeting Minutes. WW moved to accept with minor amendments the minutes of the May
12, 2016 and June 9, 2016 meetings. GC seconded and vote was unanimously in favor (GC, NC, KG,
AS, SS, WW, SW).
2. New Business
A. Funding Request for Meadow Seminar. KG has organized an educational seminar on converting lawns
to water-conserving native meadows, scheduled for Oct 27, 2016 (7 pm) at the Los Altos library. The
meeting, which will be taped, is a follow-up for the article she wrote for the LAH Town newsletter
featuring the Reddy wildflower meadow. GreenTown Los Altos, SCVWD, PHWD, and Cal Water are
contributing $200 each to support the fee for the speaker (John Greenlee, author of The American
Meadow). KG proposed OSC also support the program as a sponsor and make a similar contribution.
GC moved that OSC request $200 from the committee budget to support the speaker for the
American Meadow seminar to be held in October. SW seconded and the vote was unanimously in
favor (GC, NC, KG, AS, SS, WW, SW). KG will make the formal funds request.
B. Stirling Subdivision Update. SW recused herself. NC reported the developers held a meeting on June 29
for selected invitees to provide an update on the project. Attendees included the developers, their
attorney and project engineer, several neighbors, and a neighbor’s their attorney. NC reported the
developers have made no changes to their earlier proposal and have not addressed OSC concerns
(Attachment A), or Environmental Design or Pathways Committee concerns (e.g., no fence setbacks
proposed; no open space easements along eastern border or to protect heritage oaks on Lot 1 proposed).
GC and NC will meet with Planning Director, Suzanne Avila to clarify the process for approval of this
project, which will likely go to Planning Commission in September.
3. Continuing Business
A. Byrne Preserve.
i) Stewardship Contract Renewal. Acterra Stewardship is now called Grassroots Ecology. On July 1,
2016, they started the first year of the Moody Creek restoration supported by SCVWD and will
continue other vegetation management in all three Town-owned preserves. GC spoke with Stu
Farwell at LAHCFD about the goat-grazing program the Fire District does every year in Byrne
Preserve. Apparently a group of residents whose homes border the preserve approached Council in
the past and requested defensible space below their homes within the preserve. The goats graze for
7-10 days every May and create a 30-ft wide, mile-long firebreak along the preserve border in the
Moody Creek corridor.
ii) Tree stumps/rounds pilot program. The Town work crew placed two Eucalyptus stumps beside the
trail up the main hillside in Byrne Preserve to serve as rest seating and aid equestrians in mounting
their horses. Additional stumps will be placed along other paths. The goal of this pilot project is to
make it easier for seniors and others with limited mobility to use the Town open space and paths.
Stumps will be placed at several roadside sites where equestrians cross roads to make it easier for
them to dismount and remount so they can cross the road on foot.
iii) Bike Ban. Sporadic messages (pro and con) continue to appear on NextDoor about the bike ban on
trails in Byrne Preserve.
OSC FINAL_Minutes16-0714.docx 2
B. Creek Signage. KG reported that LAH Director of Public Works is hiring a new employee who will help
get this project started.
C. Town Newsletter Articles. Three articles from OSC are planned for future issues: Lawns to Meadows
(KG), Palo Alto Animal Services (AS), and Dr. Albert Barnitz Byrne (SF).
D. Wildlife Seminar on Snakes. JS contacted Ken McCloud, a potential speaker for this wildlife seminar.
She and NC will meet with him to discuss a program outline (e.g., benefits of snakes, identification,
hazards to snakes around our homes) and set a tentative date for early next spring. A second potential
speaker, who can bring live snakes, has also been identified. JS and NC will obtain additional
information and set a tentative date for next spring.
6. Planning
A. Fence Permits. Several notices were received, but lacked dates and other information.
B. Site Plan Reviews.
i) 10800 Magdalena. PWC discussed this project at the June OSC meeting and GC sent an email to the
Planner, Steve Padovan, confirming the OSC recommendation for the Town to request dedication of
an open space easement in areas with slope of 30% or greater.
ii) 10842 West Loyola (Lands of Ho; APN 331-21-002; file#117-16-ZP-SD-GD). GC and KG made a
site visit and found the site fenced off and inaccessible. The Planner, Steve Padovan, said the project
is on hold because of missing information in the application. OSC will review it again in future.
iii) 13816 Page Mill Road (Lands of Bavor; APN 182-08-034; file#229-16-ZP-SD-GD). This is a 3-
acre parcel at the corner of Page Mill Road and Moon Lane. Matadero Creek runs through the
parcel. The owners are rebuilding the house. OSC will formally review this project next month.
iv) 24990 La Loma (Lands of Vandergriff; APN 336-32-023; file#188-16-ZP-SD-GD). This parcel
apparently has a creek. GC, NC, and WW volunteered to make a site visit and prepare a draft
recommendation.
5. Communications from the Floor. None.
6. Open Discussion.
A. Lighting Issue. A member reported that developers of a parcel on La Cresta have submitted a plan that
includes a large number of outdoor lights that apparently are not consistent with LAH lighting policies.
B. Short-term and nuisance rental properties. At the last Council meeting, Council discussed possible
regulation and taxation of short-term rentals in Town (e.g., via AirBnB). Apparently some houses are
being used almost exclusively for short-term rentals, with neighbors complaining of noise and traffic.
Problems of noise and illegal parking have been reported for several properties that are rented on long
or short-term basis to 6-9 unrelated individuals. Council will continue to study this new issue.
C. Election of Officers. GC reminded members that OSC officers are elected in August.
D. Arundo Removal. KG opened discussion about the large amounts of arundo growing in local creeks,
most on creek flowing through private lands. She suggested OSC find out about the Town’s
responsibility for removing and/or helping owners remove this invasive plant, which degrades riparian
habitat and can obstruct flows and cause flooding and erosion.
E. Mowing versus Disking. Owners of some large parcels in Town continue to use disking rather than
mowing for weed suppression and firebreaks. KG suggested OSC make an effort to educate owners
about the benefits of mowing rather than disking. Suggestions included an educational article in the
Town newsletter, informational flyers, and working with the Fire District Weed Abatement program
(e.g., include an educational flyer in the letters from the program that are sent to property owners who
fail to do weed abatement)
7. Adjournment
The meeting was adjourned at 10:54 am.
Next Regular Meeting: Thursday, August 11, 2016
9:00 AM at LAH Parks and Recreation Building
Attachment A: OSC Recommendation for Stirling Subdivision (01/20/2014)
Final minutes approved at the Regular Open Space Committee meeting of 8/11/16. Edits in red text.
1
To: Cynthia Richardson, Debbie Pedro & Carl Cahill
Date: January 20, 2014
Subject: Open Space Committee Comments on Stirling subdivision proposal
Introduction:
LAH
Responsibilities
The LAH Town Municipal Code concerning Subdivisions states that its purpose includes:
-‐
To
preserve
and
protect
the
natural
beauty
and
the
established
character
of
the
community
and,
through
good
design,
to
provide
for
a
harmonious
relationship
between
completed
subdivisions
and
the
natural
environment.
(9-‐1.102-‐d)
More significantly, on the Town’s Land Use map, the majority of this parcel’s boundaries fall
within a regions defined as Open Space Conservation Area:
-‐
Within
these
areas,
special
measures
should
be
taken
to
conserve
the
natural
quality
of
the
area
and
to
avoid
environmental
degradation.
Residences
should
be
placed
on
the
most
buildable
portions
of
lands
designated
OSCA
and
carefully
sited
so
as
to
preserve
existing
trees,
vegetation
and
wildlife
habitat.
(LAH
General
Plan,
p.
LU-‐5)
We, the Open Space Committee, feel that the preliminary plans do not accomplish the purpose of
the Subdivision code, nor have sufficient special measures been taken to conserve these areas.
To the contrary, this plan appears to maximize development and minimize mitigations and
protections, and is thus inconsistent with Town policies, goals, and ordinances regarding
protection of environmentally sensitive conservation areas.
Overview
The Preliminary Subdivision plan for the 18-acre Lands of Stirling is one of the largest
subdivision projects in many years, and is one of the most environmentally valuable and
sensitive and valuable areas of Town. This property:
- Includes a major creek corridor.
- Has extensive steep slopes.
- Has mature oak woodlands.
- Provides significant wildlife habitat.
- Serves as a critical hub for wildlife movement between the major open space areas in
this part of Town, linking Arastradero Preserve, Matadero Creek, Poor Clare’s area,
and Byrne Preserve.
- Has a steep, heavily vegetated swale creating a creek tributary.
The Town has an obligation to preserve these valuable natural features as outlined in the goals
and policies of the LAH General Plan and Subdivision Ordinance. The proposed plan
maximizes the building lots, with only the minimum required areas preserved through open
space easements. Only minor changes have been made from the previous proposal, with limited
new protections.
Because it is by far the largest undeveloped parcel being developed in this area of the Town, this
parcel represents the final opportunity for the Town to properly balance development and
environment in this area, and to avoid a suburban grid that we have seen in other areas of the
Town.
2
The developers have made only minor changes in the plans from the previous proposal (7/2012)
and the revised subdivision (10/2013) is still very high density. Developers have moved the road
to the east and made minor changes in the shapes of several lots, but the total number of lots (9)
and overall configuration are the same. Further, the developers have not adequately addressed
many of the OSC recommendations.
The revised map includes an open space easement over part of the very steep southern and
western slopes as recommended by the OSC. However, the revised map does not address other
major conservation areas OSC recommended for other areas that the Town usually seeks to
preserve and/or protect from development (e.g., steep slopes, mature oak woodlands, and
watercourses).
Comparables
To express how we believe this proposal is insufficient, we believe it is fair to compare this
proposal to another recent project in Town, the Nicholson subdivision:
Nicholson Stirling
Size 12.6 acres 18.2 acres
Lots 3 lots 9 lots
Avg lot size 4.20 acres/lot 2.02 acres/lot
Avg slope 25% 28%
Open Space 49% 39.7%
The Stirling proposal has double the density and a significantly smaller proportion of open space.
Protecting
the
Rural
Character:
Preventing
a
walled-‐off
grid
The Subdivision Ordinance requires that significant thought needs to be given to creating a
subdivision that maintains the open space characteristics of both the Town and the adjacent
existing neighborhoods. This area has already seen a notable increase in “gridding” due to
property line fencing, some of which was initiated by the extremely long continuous boundary
fence installed along the entire north border of the Stirling property in 2005.
By packing in the large number of lots with no separation, the proposed subdivision virtually
guarantees a complete walling off of this neighborhood. This would be completely antithetical
to the Town’s goals of preserving rural, open space environments. We believe that some sort of
permanent fencing provisions, preferably a small fencing setback of 10 feet along property lines,
must be included in this proposal to prevent this from happening. The Town has the obligation to
mitigate this development to preserve the character and natural beauty of the area, and doing so
will not be a burden to the future lot owners.
In addition, openings should be provided in the existing fence along the eastern and northern
border as a condition of subdivision. Providing breaks will allow a safer alternate route to the
east for wildlife rather than forcing them to follow the cul-de-sac entrance road that intersects
Natoma Road at a very sharp curve with poor sight distance for cars.
3
Preventing
wildlife
issues
Because this property supports resident wildlife species and serves as an established and heavily
used hub for wildlife movement through the Town, the impact of high-density development on
wildlife must be considered, for the sake of the surrounding neighborhood. It is the Town’s
responsibility to preserve wildlife habitat (which includes its migratory routes) as much as
possible in the face of permitted development, and it also needs to protect surrounding
neighborhoods from permanent, significant changes to the flow of wildlife.
Failing to protect the significant and established wildlife area in this proposed subdivision is
inconsistent with LAH Subdivision Ordinance and with the values and goals explicitly described
in the LAH General Plan:
- Special
concern
and
scrutiny
will
be
paid
to
the
relationship
of
the
subject
property
to
surrounding
properties.
(Municipal
Code,
Subdivisions,
9-‐1.501)
-‐
Maintain
and
enhance
the
integrity
of
wildlife
habitat. (LAH General Plan:
Conservation Element. Wildlife Species and Habitat, Goal 3)
-‐
Conservation
of
this
[wildlife]
habitat
is
not
only
important
for
the
protection
of
wildlife,
but
also
for
the
conservation
of
the
semi-‐rural
atmosphere
of
the
community.
To
protect
areas
of
significant
wildlife
habitat,
such
as
creeks
and
riparian
corridors,
the
dedication
of
conservation/open
space
easements
should
be
encouraged. (LAH General Plan: Conservation Element. Wildlife Species and
Habitat 314)
-‐
There
is
a
need
for
planning
to
provide
for
effective
protection
and
conservation
of
the
Town’s
wildlife
heritage,
while
continuing
to
allow
appropriate
development
and
land
use.
Planning
for
natural
movement
of
wildlife
can
help
to
avoid,
minimize
and
compensate
for
serious
negative
impacts
on
wildlife
and
humans.
Areas
that
link
wildlife
habitat
have
become
vital
because
native
animals
such
as
deer,
fox,
bobcat
and
coyote
are
prevented
by
roads,
fences,
homes,
and
other
development
from
moving
freely
as
they
once
did.
(LAH General Plan: Conservation Element.
Wildlife Species and Habitat 315)
-‐
To
the
degree
that
the
natural
amenities,
characteristics,
topography,
vegetation
and
wildlife,
are
preserved,
the
probability
of
acceptance
of
a
given
subdivision
will
be
enhanced. (LAH Subdivision Ordinance 9-1.501)
Consistency with Town policies can easily be achieved by assuring that although the subdivision
may reduce the existing routes, it should not eliminate any. The routes on the western side of the
property will be maintained by the proposed easements over the creek and steep slopes.
However, the eastern border of the property also currently serves as a critical, active route for
wildlife to access lands to the east; as proposed, this subdivision would allow that route to be
completely cut off by lot fencing.
Allowing this to happen will cause significant disturbance of wildlife flow, and risks causing
negative effects to other houses and roads in the neighborhood. To access established foraging
lands to the east, wildlife would be forced to travel along the cul-de-sac and the subdivision
entrance road and cross Natoma Road at the sharp curve where there is poor sight distance for
cars. The Town has a responsibility to protect the surrounding neighborhood by preserving this
route, even if only in a minimal fashion. The Town’s goal can minimize the disturbance to
4
wildlife patterns by preserving a 25-foot open space easement along the eastern border. In this
way, the Town could insure that unintended consequences do not negatively impact the
surrounding neighborhood.
This proposed eastern border easement represents only 2.5% of the total area of the parcel; note
the much smaller amount of open space currently proposed by the Stirling subdivision compared
to the Nicholson subdivision above. Furthermore, this same easement also directly addresses the
suburban gridding problem of boundary fencing mentioned previously. This one easement strip
would solve both problems permanently, and would clearly not be an undue burden on the
subdivision. Requiring these easements will not reduce the number of lots, the MDA or MFA of
the lots, or the general configuration the developers have proposed. We strongly recommend the
Town require this 25-foot easement along the entire eastern border.
Oak
Trees:
Oak
Grove
&
Road
Alignment
Failing to protect the mature oak grove near the entrance to the property and in the proposed road
realignment is inconsistent with Town policies to preserve and protect heritage oaks. Further, the
developers have not accurately shown all the trees on the Preliminary map as is required by the
LAH Subdivision Ordinance.
-‐
The
preliminary
map
shall
contain
the
following
information:
Location
of
existing
native
and
ornamental
trees,
including
outline
areas
of
species
of
orchard
trees;
…
Trees
in
concentrated
areas
shall
be
appropriately
marked
on
the
said
map,
and
shall
be
matched
with
a
corresponding
legend
indicator.
Trees
to
be
removed
shall
be
appropriately
marked
by
a
symbol
set
forth
in
the
legend.
(LAH
Subdivision
Ordinance
9-‐1.406
c
26)
The revised map does not even show all the oaks that are shown on the developer’s previous
map. For example, the revised map omits 19 oaks on Lots 1 and 2 from the Tree Table, 17 of
which are heritage oaks. These oaks are shown as dots on the revised map, but have no diameters
indicated and are not included in the Tree Table.
This grove requires permanent protection in the form of an open space easement. This grove
has a defined border, and is contiguous with the border of the property. It should not be left to
the individual lot owner to decide how to impact this grove. It is a significant stand of heritage
oaks, and helps define the open space characteristics of the neighborhood; the Town must protect
it with an open space easement for the sake of the neighborhood. This will have no burden on
future developers.
The road has been re-aligned in a way that removes significantly more oak trees than the
previous alignment. In the previous plan, developers reported 5 trees would have to be removed
for the road (not including additional trees in the two required emergency pull-outs). Page 3 of
the revised map shows 16 trees to be removed for the realigned road. An additional 7 trees will
be removed for the access road to Natoma (plan not previously submitted). Additional trees will
also have to be removed for the two required 50-foot emergency pull-outs alongside the road.
These trees need to be indicated (for removal) and included in the total impact of the subdivision.
Also, trees that are shown within proposed driveway locations and building footprints are
marked as “preserved,” which is not accurate. This confusing notation lets them over-report the
5
number of trees preserved, and simultaneously request implicit permission to remove them. This
is all the more reason why the aforementioned oak grove must be preserved by easement:
-‐
Policy
2.2:
Preserve
and
protect
native
and
naturalized
plants,
with
special
attention
to
preservation
of
unique,
rare
or
endangered
species
and
plant
communities
such
as
oak
woodlands.
-‐
Policy
2.3
Preserve
and
protect
Heritage
Trees,
including
native
oaks
and
other
significant
trees,
on
public
and
private
property.
LAH
General
Plan.
Conservation
Element
Matadero
Creek
Feeder/Swale
In response to the developers’ previous proposal, we recommended that the open space easement
protecting the steep slopes along the western border should extend up to include the steep swale
that forms a feeder of Matadero Creek. It is clearly an active waterway, and requires the normal
easement protections of creeks & swales. In addition, this area is steeply sloped, heavily
wooded, and includes large oaks.
When we walked the property with the developers’ engineer, we pointed out that the developers’
map did not appear to accurately reflect the terrain in the area of the swale. The revised map
does not even shown the feeder (as required by the Town and state subdivision ordinances), and
the map under-reports the severity of the swale.
-‐
The
preliminary
map
shall
contain
the
following
information:
Unusual
features
of
terrain,
such
as
rock
outcrops,
tree
masses,
watercourses,
in
and
adjacent
to
the
proposed
subdivision.
(LAH
Subdivision
Ordinance
9-‐1.406,
c
12)
It is evident from walking the site, from overhead photos, and from the Town topo map that this
area of terrain is well-defined by the significant vegetation around it. We continue to
recommend that this entire area be protected by open space easement to protect the slope, the
watercourse, and the mature oak woodland vegetation. This would be no burden on the
developer.
-‐
Steep
slopes,
canyons
and
ravines
in
excess
of
30%
slope,
as
well
as
natural
swales
and
drainage
channels,
and
geologic
hazard
areas
within
the
subdivision
should
be
undisturbed
and
preserved
in
their
natural
condition
to
the
maximum
extent
feasible.
(LAH
General
Plan
Land
Use
Element
Goal
2,
Policy
2.5)
Connecting
Adjacent
Open
Space
Easements
It is always the Town’s goal to connect open space easements on adjacent properties, to form
additive contiguous areas of protection. The existing adjacent open space easements (OSE’s)
are notated as part of this proposal to assure they are connected; several of these adjacent areas
were specifically designed with the intention to ultimately connect with the terrain on the Stirling
side of the property line. These easements include:
- 28025 Natoma Road (Lands of Sloss, March 2006). The Town required an OSE
all along the western border from Charles Ave to the adjacent lot on Natoma.
The western border near Charles Ave abuts the proposed Stirling subdivision.
6
- 12400 Melody Lane (Lands of Wood), Jan 2009). The Town required a 1.79-
acre OSE along the full length of the northern and southwestern border. This
easement comprises 1.79 acres, representing 49% of the parcel. (Note
comparison of this easement percentage with the Stirling proposal and Nicholson
subdivision in the previous table.)
- 13458 South Fork Lane (Lands of Yong). The Town required an OSE be placed over
the northwestern slope of the property to preserve the steep slopes and oak grove.
This OSE connects to the proposed Stirling subdivision and to lands to the north.
- 13300 and 13311 Country Lane. Large OSEs were created on the eastern
portions of these lots when the Matadero Creek Subdivison was put in. These
provide connections to the north along Matadero Creek and to the west.
CEQA
Considerations
CEQA (California Environmental Quality Act) requires the Town, as the Lead Agency, to identify
significant environmental impacts, whether direct, indirect, or cumulative, and to avoid or mitigate
those impacts to less-than-significant levels, if feasible. The significant size of this property,
combined with its environmental value (as discussed at length above), means that correspondingly
large efforts must be taken to address this proposed subdivision’s overall impacts.
This proposal cannot be granted a Categorical Exemption from CEQA, as this subdivision
proposal does not fit into the Categorical Exemption Classification of “Minor Land Divisions,”
since there are more than 4 parcels being created, and the average slope of the property is greater
than 20 percent. (California Code of Regulations, Title 14, Division 6, Chapter 3, Article 19,
Section 15315).
We anticipate that environmental review of this proposed subdivision and the anticipated
residential development will require a formal biological assessment, including surveys for listed
species known to occur within a few kilometers of the site.
Much of this property falls within lands that the Town has specifically designated as Open Space
Conservation Area, which require special measures to avoid environmental degradation. At
minimum, environmental review will require a Mitigated Negative Declaration based on the
potential of the project to have significant impacts to biological resources, including extensive
tree removal, loss of oak woodlands, a pathway bridge over Matadero Creek, and adverse effects
on resident wildlife and established wildlife movement.
Mitigations as currently proposed by the developers are not sufficient to reduce these impacts to
the required less-than-significant levels.
The OSC looks forward to reviewing the biological assessment report and to working with the
developers to assure that the additional necessary mitigation measures are provided.
7
Recommendations
To be consistent with Town policies and goals stated in the LAH General Plan and Subdivision
Ordinance, the OSC recommends the following:
• Require fencing setbacks along all property lines, to preserve the open space character
and prevent suburban-type gridding.
• Breaks should be provided in the existing eastern & northern boundary fence to allow an
alternate route to the East for wildlife that is away from the entrance road that exits at the
sharp curve on Natoma.
• The oak grove near the entrance must be preserved with an open space easement.
• The entire western and southern portions of the parcel, which consist of steeply sloped,
dense oak woodland should be placed in open space easement. This easement should be
made to connect with easements on adjacent properties and:
1) extend all the way to the northern border (i.e., include the area of the pathway
easement); and
2) extend all the way to road edge near the entrance to the subdivision, and include the
heritage Valley oak (Tree #11).
• As the Open Space Committee recommended in July 2012, the northern and eastern
borders should have a 25-foot easement applied to provide an open space buffer with the
adjacent neighborhood, to preserve the existing open space character and prevent closing
them off with a straight row of new houses right up against all their properties. This will
also prevent negative impacts of distorting the existing flow of wildlife through the area.
The proposed pathway easement can run through open space easement.
• As required by the LAH Subdivision ordinance, the Matadero Creek feeder swale must
be shown on the maps. This watercourse should be preserved with an open space
easement from the main creek all the way to its top. We further recommend that the
contiguous area of vegetation that extends up to just below the well house be included in
this easement. This is consistent with our recommendation from the previous proposal.
• The road alignment should be modified to reduce, not increase, the number of oak trees
removed.
• The Town should provide guidance on how to align CEQA requirements with the highly
significant disturbance represented by this proposal.