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HomeMy WebLinkAboutDecember 12OSC FINAL_Minutes18-1210.docx 1/7/19 1 Los Altos Hills Open Space Committee Los Altos Hills Parks and Recreation Building FINAL Minutes of Special Meeting December 12, 2018 Members and Associates Present: Peter Brown, George Clifford, Richard Contreras, Nancy Couperus, Kit Gordon, Wendie Ward, Sue Welch (Members); Kjell Karlsson (Associate) Members and Associates Absent: Jean Struthers (Member); Karen Lemes, Alice Sakamoto, Sharen Schoendorf (Associates) Council Liaison Absent: Roger Spreen LAH Staff Present: Jeremy Loh, Public Works Department Member of Public Present: None 1. Call to Order and Approval of Minutes A. Roll Call. KG called the meeting to order at 9:05 am. B. Acceptance of Meeting Minutes. Minutes of the Oct 11, 2018 were approved with edits. KG moved, NC seconded, and the vote was 6 in favor, with PB abstaining (not present at that meeting). Minutes of the Nov 8, 2018 were approved with as written. WW moved, NC seconded, and the vote was 5 in favor, with PB and SW abstaining (not present at that meeting). C. Announcements. i. SOD. There is still time to treat your oaks with Agri-Fos and cut bays near oaks to protect against SOD infection. KG will add a note to Nextdoor. ii. Tree Removal Program. Members discussed protocol for adding dead/dying oaks to the waiting list for the Fire District tree removal program. 2. Planning A. Planning Site reviews. i. 26379 Fremont Road. Town Hall expansion. OSC members can review and comment as individuals. ii. 12175 Edgecliff Road. (WW, GC; Lands of Brougher; APN 336-28-023; SD-0060). GC presented information and draft recommendations (Attachment A). Reason for OSC review is a major remodel. Edgecliff is a cul-de-sac on the hillside south of El Monte overlooking Foothill College. The western part of the parcel behind the house slopes down steeply (30% to 50% slope) to El Monte Road and has a swale and numerous oaks. OSC recommended dedicating an OSE below the existing retaining wall behind the house, encompassing the area with slope >30% and including the large heritage oak. Town policies allow septic and drainage infrastructure within the OSE. NC moved that OSC approve the recommendation as written with the addition that any fencing within the open space easement should be removed, and send it to Planning Department, RC seconded and the vote was unanimously in favor (PB, GC, RC, NC, KG, WW, SW). iii. 10511 Magdalena Road. (RC, KG; Lands of Rajagopalan-Itty; APN 336-39-031). KG presented information and draft recommendations (Attachment B). At the Planning Commission meeting of Aug 3, 2017, the Planning Director reported that this project was reviewed at the Fast Track meeting of July 25, 2017. At the Fast Track meeting, the Planning Director noted the parcel had not been reviewed by OSC and has steep slopes and a “seasonal drainage” on the site that might require dedication of an OSE. The project was administratively approved with the condition that OSC must review the plans and an OSE may be required over the drainage and steep slopes. The Planning Director reported that the owners understood that an OSE may be required. The parcel is on the north side of Magdalena near Albertsworth. The parcel slopes down steeply (>30%) to the north (behind the house) starting at about the 570-ft elevation line; this slope has numerous significant trees. Magdalena Creek (a tributary of Hale Creek) runs in a swale along the western border (see photos). Segments of chain-link fence run along the eastern border, interspersed with segments of partially collapsed plastic fencing. Many deer were observed on the slope, as well as spoor and game trails trails, and startled deer rammed into the fencing during the site visit. OSC recommends 1) dedicate a riparian setback along the western boundary 25-ft from top of creek bank; 2) dedicate OSE on slopes >30% and over oak woodland (i.e., starting at the 570-ft elevation line, as shown in diagram); 3) show Magdalena Creek and the multi- trunk oaks on the plans as required by code; 4) remove segments of fencing (both plastic and chain- link) below the 570-ft elevation line and within the proposed OSE; 5) remove fencing along eastern OSC FINAL_Minutes18-1210.docx 1/7/19 2 boundary below the 570-ft elevation line. SW moved that OSC approve the recommendation as written and send it to Planning Department. RC seconded and the vote was unanimously in favor (PB, GC, RC, NC, KG, WW, SW). C. Fence Permit reviews. None. 3. New Business. None 4. Continuing Business A. Tree Ordinance. Jeremy Loh, LAH Public Works Department, gave a status update on the proposed new Tree Ordinance. A handout summarizing tree ordinances in nearby Town was distributed (Attachment C). OSC discussed: 1) Permit fee for removal of oaks (i.e., whether fee should be decreased from $225 and/or should be waived if an arborist determines an oak is dead or hazardous); 2) Whether the new ordinance should be expanded to protect trees other than oaks (no protection under the existing ordinance), and if so, which specific tree species (e.g., willows, redwoods); 3) Whether the ordinance should also protect trees that are growing on slopes (where they stabilize the slope), or in groups or groves; 4) Replacement ratios for protected trees that are removed; 5) Management of undesirable or invasive trees (i.e., whether to prohibit planting and/or require removal, as is done for eucalyptus; removal of Bays to reduce risk of SOD); 6) Appropriate management of trees for view ordinance and for fire safety (i.e., clarify what can be done within OSEs). 7) Generate a list of trees that are locally native, including a list of specific oak species and fast-growing vs slow-growing trees; also include a list of trees that should be prohibited. The purpose and intent of the ordinance should include description of the ecological and economic benefits of trees for habitat, shade, groundwater recharge, soil stability, carbon sequestration, etc. PB and RC volunteered to work with Jeremy to represent OSC opinions. OSC members can also provide input as individuals. Jeremy plans to present the draft ordinance to the Planning Commission in March or April. B. Fast Track Guidelines. LAH Planning Commission recently discussed problems with projects that have been approved via the Town FastTrack process. In addition, some projects with conservation issues that should have been addressed were not sent to OSC for review. It was suggested OSC prepare a list of immediate and longer-term priorities to help improve the review process (including Fast Track) and send these ideas to the Planning Commission. C. Town weed management. KG checked out 50 sites where OSC mapped roadside stinkwork infestations in August and September and she found all except two sites were clean. It was again suggested that OSC work with Town staff to send notices to homeowners with large stinkwort infestations on their land to encourage them to remove these invasive weeds. Highly invasive oxalis is sprouting in many locations in Town and should be removed before bulbs form. OSC also discussed options for motivating CalTrans to remove the masses of stinkwort infesting local I-208 interchanges. The Stutz path also needs to be sprayed for stinkwort next summer. D. Grassroots Ecology. E. Green Stormwater Infrastructure F. Wildlife Forum. Not discussed. G. Updates for City Council and Planning Commission meetings, Site Development meetings, Committee meetings. See above. H. Sign-ups for FastTrack/Site Development meetings. Meetings are held most Tuesdays from 10 to 11 am. KG and NC volunteered to attend the Fast Track meeting on Jan 8, 2019. 5. Open Discussion and Communications from the Floor. A. Follow-up on OSC Recommendations. OSC needs to establish a process to check the outcome for OSC recommendations for all properties sent to Planning Commission and to Council to determine if OSC recommendations were followed and to provide an opportunity for OSC to give input at those meetings. This will involve checking PC and CC agendas and planning documents for the projects and attending the meetings. OSC FINAL_Minutes18-1210.docx 1/7/19 3 6. Adjournment. Meeting was adjourned at 11:05 am. Next Regular Meeting: Thursday, January 10, 2018 9:00 AM at LAH Parks and Recreation Building Attachment A: OSC review for 12175 Edgecliff Road Attachment B: OSC review for 10511 Magdalena Road Attachment C: Tree Regulations from Other Towns Final minutes were approved at the Regular Open Space Committee Meeting of Jan 10, 2019 OSC Site Review 12175 Edgecliff Place OSC review final.docx 12/19/18 1 To: Los Altos Hills Planning Department From: Open Space Committee Date: 19 December 2018 Property address: 12175 Edgecliff Place Date of Site Visit: 7 December, 2018 Lands of Brougher APN 336-28-023 Town Planner Dylan Parker Project Number SD-0060 Reason for review (check one) New Residence Second Unit Addition/Major Remodel Fence Permit Other BACKGROUND: Project is an existing home with plans for a major remodel. Behind the house, the site slopes steeply down where there is a swale, a large heritage oak, and some smaller oaks. See attached photo. OSC Final RECOMMENDATION FOR THIS PROPERTY Date of OSC review:12/12/2018 Final OSC recommendation (after formal OSC review) The OSC recommends creating an open space easement below the existing retaining wall behind the house, encompassing the area with a slope of greater than 30% and including the heritage oak tree. See photos and plan below. In addition, the OSC recommends removing any owner fencing within this area, if existing. Note that Town policies allow septic fields within open space easements. OSC Site Review 12175 Edgecliff Place OSC review final.docx 12/19/18 2 Recommended open space easement marked in red. OSC Site Review 12175 Edgecliff Place OSC review final.docx 12/19/18 3 SUPPORTING INFORMATION SLOPE AND SOIL Average slope of lot _ Areas with slope ≥30%? yes Check slope/LUF worksheet on subdivisions If applicable, Review Geologic Hazard Report, (For more information see Slope and Soil in Appendix) CREEKS Creeks or waterways or swale on parcel? swale in back of house Name of creek/tributary of: Shown on USGS map? SCVWD creek map? LAH Hazard Map? EcoAtlas? Condition of banks? Existing riparian or OSE or SCVWD easement along creek on this property or nearby parcels? Does SCVWD want to expand their easement? Proposed setbacks for structures? Evidence of bed, banks, or Original High Water Mark (OHWM)? Identify any structures including fences within 25 feet of top of bank? Within OHWM? (For more information see Creeks in Appendix) TREES, NATIVE VEGETATION & INVASIVE PLANTS Heritage oaks? In back of house Significant trees? Groves of significant trees? Trees proposed for removal (number and species)? none Significant native vegetation? no Significant invasive pest plant vegetation? (For more information see Trees, Native Vegetation & Invasive Plants in Appendix) WILDLIFE CORRIDORS & FENCING Check 2006 Live Oak Associates map (not official) Evidence of wildlife (e.g., deer trails, spoor)? Identify location and type of existing fencing Check that fencing on plans agrees with fencing on the ground OSC Site Review 12175 Edgecliff Place OSC review final.docx 12/19/18 4 Note any fence that does not meet current fencing regulations (For more information see Wildlife Corridors and Fencing in Appendix) OPEN SPACE EASEMENTS (OSE)/CONSERVATION EASEMENTS (CE) Check Town records for existing CE or OSE on this property and adjacent and nearby parcels. Identify on plans and attach copy (photo) of areas where OSE are recommended (slope ≥30%, significant trees, wildlife corridor, creeks, drainage swales) (For more information see Open Space/Conservation Easements, in Appendix) PATHWAY EASEMENTS (PE) Check Town records for existing or newly proposed PE on this property or adjacent and nearby parcels. Pathway easement of 10’ on east edge of property Attachments: - Photos from site - Photo of site plan with marked OSE FOLLOW-UP Send final copy to OSC Chair & Secretary Upload to TraKit ? Add address to list of easements to track on OSC agenda OSC Site Review 12175 Edgecliff Place OSC review final.docx 12/19/18 5 View downslope behind house showing area recommended for an OSE. OSC Site Review 12175 Edgecliff Place OSC review final.docx 12/19/18 6 Heritage oak behind house OSC Site Review 12175 Edgecliff Place OSC review final.docx 12/19/18 7 Recommended Open Space Easement OSC Site Review 12175 Edgecliff Place OSC review final.docx 12/19/18 8 Appendix Slope and soil Check for colluvial soil, earthquake faults, springs, seeps, shallow groundwater. Safety Policy 1.1 Open space easements, zoning and other land use regulations shall be used to limit and, in some cases, prohibit development in areas of unstable terrain, active fault traces, water channels, flood plains, excessively steep slopes and other areas determined to be hazardous to public welfare and safety. Safety Policy 2.2 Locate development so as to avoid geologic hazards, including slope instability, to the maximum extent feasible. Land Use Policy 2.5 Steep slopes, canyons and ravines generally in excess of 30% slope, as well as natural swales and drainage channels, and geologic hazard areas within areas designated for residential development shall be left undisturbed and preserved in their natural condition to the maximum extent feasible. Land Use Policy 2.6 Limits on the development of individual residential lots shall be determined based on evaluation of such factors as natural vegetation, topographic characteristics, soils and geology. Creeks Area within the OHWM are regulated as Waters of the United States and protected by the Clean Water Act. Any development, vegetation removal, or stream bank modifications within this area may require permits from regulatory agencies: US Army Corps of Engineers, CA Dept of Fish and Wildlife, Regional Water Quality Control Board. Source: US Army Corps of Engineers Safety Policy 3.1: Leave natural channels and flood plains in a natural state, unencumbered by development to the maximum extent feasible. OSC Site Review 12175 Edgecliff Place OSC review final.docx 12/19/18 9 Conservation Policy 5.1: Keep or restore major drainage courses in their natural condition insofar as possible because of their importance in supplying major vegetation, land forms and wildlife habitat, and storm drainage. Conservation Policy 1.3: Preserve the integrity of riparian corridors as unique and environmentally sensitive resources. Conservation Policy 3.1: Maintain and protect creeks and riparian corridors for wildlife that use this resource for food, shelter, migration and breeding. Conservation Policy 11.5: Ensure that development projects are designed to conserve the natural slope, preserve existing native vegetation, limit invasive species, and conserve natural drainage channels and swales. Municipal Code 10-2.702 Siting. (e) Creek Protection. Structures shall be set back a minimum of twenty-five (25) feet from the top of bank of all creeks. Greater setbacks may be required along major creeks in the Town; however, lesser setbacks may be allowed where approved by the Planning Commission. Improvements required to all creeks shall be accomplished to appear natural and to maintain the natural meandering course of the existing creek. Creeks and banks shall be protected so as to remain in their natural state as much as possible. They should not be disturbed by the building or grading process. No grading shall be allowed in creeks or within the required setbacks from top of bank. Siting of structures shall be done with safety as a primary concern. Safety concerns and preservation of riparian habitat are required to be simultaneously addressed when designing development and required improvements to creeks. (§ 15, Ord. 299, eff. December 11, 1985; §§ 6, 7, Ord. 370, eff. May 20, 1994; § 1, Ord. 504, eff. October 28, 2006) Trees, Native Vegetation and Invasive Plants Note in main body of form - major infestation of invasive weeds such as stinkwort, oxalis, Italian thistle, purple starthistle, yellow starthistle, pampas grass, broom, teasel, giant reed (Arundo donax), poison hemlock, etc. Conservation Policy 2.2: Minimize disturbance of the natural terrain and vegetation. 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. Conservation Policy 2.3: Preserve and protect Heritage Trees, including native oaks and other significant trees, on public and private property. Conservation Policy 11.5: Ensure that development projects are designed to conserve the natural slope, preserve existing native vegetation, limit invasive species, and conserve natural drainage channels and swales. Conservation Program 2.5 Encourage the dedication of conservation/open space easements or the public acquisition of areas that are rich in wildlife or of a fragile ecological nature to ensure their protection Open Space Policy 1.2: Protect and maintain those areas necessary to the integrity of natural resources and processes, with special emphasis on, but not limited to, the groundwater recharge and drainage system, open spaces vital for wildlife habitat, open spaces suitable for agriculture, and other areas of major or unique ecological significance. OSC Site Review 12175 Edgecliff Place OSC review final.docx 12/19/18 10 Land Use Program 2.3 Encourage the preservation of existing trees, rock outcroppings, ridgelines and other significant natural features Municipal Code 10-2.702 Siting. (f) Tree Preservation. Every feasible attempt should be made to preserve existing trees except those trees identified in the Los Altos Hills Landscape Guidelines invasive plant CA FOOD AND AGRICULTURAL CODE - FAC DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] 5401. Any premises, plants, conveyances or things which are infected or infested with any pest, or premises where any pest is found, are a public nuisance, and shall be prosecuted as such in all actions and proceedings. All remedies which are given by law for the prevention and abatement of a nuisance apply to such a public nuisance. Wildlife Corridors and Fencing Conservation Policy 2.7: Avoid the development of environmentally sensitive areas that are rich in wildlife or of a fragile ecological nature, such as areas of rare or endangered species of plants, or riparian areas. Conservation Goal 3: Maintain and enhance the integrity of wildlife habitat. Conservation Program 3.3: Assess the potential for development patterns to fragment and isolate significant wildlife habitats. Conservation Section 315: Planning for natural movement of wildlife can help 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. Municipal Code 10-1.507 (d) Prohibited Fences, Walls, Gates, and Column Types. The following fences are prohibited: (1) Chain-link or cyclone fences, including any fence with bare lengths of wire stretched between metal poles, with the exception of dark green, black, or brown vinyl- coated chain-linked fences with matching vinyl-coated cross bars and caps. (2) Barbed or razor wire fences, including any fence with attached barbs, sharp points, or razors. Electric fences, including any fence designed to produce an electric shock, except where necessary for animal husbandry operations. (3) Any fence, wall, and/or gate that may cause harm to people, pets, and/or wildlife due to points, spikes, or sharpened edges on the top or bottom part of the fence, wall structure and/or gate. (9) Open Space/Conservation Easement Perimeter Fences. (i) Maximum height of open space/conservation easement perimeter fences: six (6) ft. (ii) Minimum distance of lowest fence strand or rail from ground: twelve (12) inches above grade. OSC Site Review 12175 Edgecliff Place OSC review final.docx 12/19/18 11 (iii) Open space/conservation easement perimeter fences shall provide openings sufficient to accommodate the free passage of wildlife through the easement. A split- rail wood fence (see exhibit) or equivalent design shall be required. Where a pathway is located within an open space/conservation easement, the perimeter fence shall be required to have at least two (2) openings at least as wide as the width of the pathway easement. (10) Any fence crossing or intersecting an officially designated wildlife corridor shall conform to the requirements specified above for an open space/conservation easement perimeter fence. Open Space/ Conservation Easements Open Space Policy 1.1 Provide, during the development process, for the maximum feasible preservation of open space in and adjoining the Town, with spaces ranging in size from regional scale to small-scale open space on individual lots. Open Space Policy 1.4: Preserve the natural beauty and minimize disturbance of the natural terrain and vegetation. Open Space Policy 1.7: To the extent possible, link open spaces together visually and physically to form a system of open spaces. Open Space Policy 1.8: Ensure that land uses and structures are compatible with the general open space quality of the planning area. Open Space Policy 2.6 New residential subdivisions shall provide open space for recreation in order to meet their appropriate share of local recreation needs. OSC Site Review 10511 Magdalena.docx 12/13/18 1 To: Los Altos Hills Planning Department From: Open Space Committee Date: Dec 12, 2018 Property address: 10511 Magdalena Date of Site Visit: December 7, 2018 Lands of Rajagopalan-Itty APN 336-39-031 Town Planner Steve Padovan Project Number Reason for review (check one) ü New Residence Second Unit Addition/Major Remodel Fence Permit OSC RECOMMENDATION FOR THIS PROPERTY Date of OSC review: Dec 12, 2018 Voting of review: Unanimously in favor (RC, WW, NC, SW, GC, PB, KG) Absent (JS) Final OSC recommendation: - 25 foot riparian setback on the western boundary of the property - Open space easement on slope >30% and over oak woodland easement at areas approximately the 570 elevation line and at higher elevations along western boundary. See diagram. - Magdalena Creek should be marked on the plans as required per code. - Remove segments of fencing, both chain link and plastic, below elevation of 570 ft, in the proposed open space easement. - Remove fence along eastern boundary below 570 ft elevation line. Discussion The Open Space Committee was asked to review this property prior to building permits. The typical review protocol was not followed for this property as outlined below in an email from the planner. I also have an item for your next meeting on December 11th. A house was approved in 2017 on 10511 Magdalena Road with the following condition: The Open Space Committee shall review the project to determine if an open space/conservation easement should be granted to the Town of Los Altos Hills over the drainage swale and slopes exceeding 30% that contain heritage oaks and are outside of the building development areas. The review and determination shall occur prior to issuance of building permits. This was an odd process as we usually get OSC comments before approval. In any event, the project is now in the plan check phase and a review is required by Open Space. I have attached a pdf of the site plan with contours. Please e-mail the plan to the members of the open space committee. Thanks OSC Site Review 10511 Magdalena.docx 12/13/18 2 On the western boundary of the property lies Magdalena Creek, a tributary of Hale Creek. At elevations below 570 feet the slope increases beyond 30%. Several deer were present on site and deer trails were noted. There are also segments of fence, both chain link and plastic at elevations below 570 ft. While touring the site, deer rammed into sections of fence at approximately 530 foot elevation trying to get out of the property. Large multi-trunk oaks are on the property but not shown on the contour plan given to the committee. Several trees are dead but can remain for habitat value in OSE. OSC Site Review 10511 Magdalena.docx 12/13/18 3 OSC Site Review 10511 Magdalena.docx 12/13/18 4 Creek banks OSC Site Review 10511 Magdalena.docx 12/13/18 5 Large trees, many dead trees OSC Site Review 10511 Magdalena.docx 12/13/18 6 OSC Site Review 10511 Magdalena.docx 12/13/18 7 Fences and deer trails OSC Site Review 10511 Magdalena.docx 12/13/18 8 OSC Site Review 10511 Magdalena.docx 12/13/18 9 OSC Site Review 10511 Magdalena.docx 12/13/18 10 - OSC Site Review 10511 Magdalena.docx 12/13/18 11 SUPPORTING INFORMATION SLOPE AND SOIL Average slope of lot ____back of lot is >30%____ Areas with slope ≥30%? Yes Check slope/LUF worksheet on subdivisions Review Geologic Hazard Report, if applicable. Check for colluvial soil, earthquake faults, springs, seeps, shallow groundwater. CREEKS Creeks or waterways or swale on parcel? Name of creek/tributary of: Magdalena trib of Hale Creek Shown on USGS map? SCVWD creek map? LAH Hazard Map? EcoAtlas? YES Condition of banks? eroded Existing riparian or OSE or SCVWD easement along creek on this property or nearby parcels? None. Does SCVWD want to expand their easement? Proposed setbacks for structures? Evidence of bed, banks, or Original High Water Mark (OHWM)? Identify any structures including fences within 25 feet of top of bank? Within OHWM? TREES, NATIVE VEGETATION & INVASIVE PLANTS Heritage oaks? Yes, several Significant trees? Groves of significant trees? Several oak trees and native species Trees proposed for removal (number and species)? One multi-trunk at driveway Significant native vegetation? Yes, native toyon and other chaparral and woodland species. Significant invasive pest plant vegetation? Note major infestation of invasive weeds such as stinkwort, oxalis, Italian thistle, purple starthistle, yellow starthistle, pampas grass, broom, teasel, giant reed (Arundo donax), poison hemlock, etc. WILDLIFE CORRIDORS & FENCING Check 2006 Live Oak Associates map (not official) Evidence of wildlife (e.g., deer trails, spoor)? Yes. Identify location and type of existing fencing: Existing chain link on eastern property boundary and various segments on fencing on the lower slope. Check that fencing on plans agrees with fencing on the ground Note any fence that does not meet current fencing regulations OPEN SPACE EASEMENTS (OSE)/CONSERVATION EASEMENTS (CE) Check Town records for existing CE or OSE on this property and adjacent and nearby parcels. OSC Site Review 10511 Magdalena.docx 12/13/18 12 Identify areas where OSE are recommended (slope ≥30%, significant trees, wildlife corridor, creeks, drainage swales) No OSE found on this or neighboring properties. PATHWAY EASEMENTS (PE) Check Town records for existing or newly proposed PE on this property or adjacent and nearby parcels. No PE found on this or neighboring properties. FOLLOW-UP Attachments: - Photos from site - Easement history and research - Photo of site plan with marked OSE Send final copy to OSC Chair & Secretary Upload to TraKit ? Add address to list of easements to track on OSC agenda OSC Site Review 10511 Magdalena.docx 12/13/18 13 SUPPORTING GENERAL PLAN POLICIES SLOPE AND SOIL Safety Policy 1.1 Open space easements, zoning and other land use regulations shall be used to limit and, in some cases, prohibit development in areas of unstable terrain, active fault traces, water channels, flood plains, excessively steep slopes and other areas determined to be hazardous to public welfare and safety. Safety Policy 2.2 Locate development so as to avoid geologic hazards, including slope instability, to the maximum extent feasible. Land Use Policy 2.5 Steep slopes, canyons and ravines generally in excess of 30% slope, as well as natural swales and drainage channels, and geologic hazard areas within areas designated for residential development shall be left undisturbed and preserved in their natural condition to the maximum extent feasible. Land Use Policy 2.6 Limits on the development of individual residential lots shall be determined based on evaluation of such factors as natural vegetation, topographic characteristics, soils and geology. CREEKS Area within the OHWM are regulated as Waters of the United States and protected by the Clean Water Act. Any development, vegetation removal, or stream bank modifications within this area may require permits from regulatory agencies: US Army Corps of Engineers, CA Dept of Fish and Wildlife, Regional Water Quality Control Board. Source: US Army Corps of Engineers Safety Policy 3.1: Leave natural channels and flood plains in a natural state, unencumbered by development to the maximum extent feasible. OSC Site Review 10511 Magdalena.docx 12/13/18 14 Conservation Policy 5.1: Keep or restore major drainage courses in their natural condition insofar as possible because of their importance in supplying major vegetation, land forms and wildlife habitat, and storm drainage. Conservation Policy 1.3: Preserve the integrity of riparian corridors as unique and environmentally sensitive resources. Conservation Policy 3.1: Maintain and protect creeks and riparian corridors for wildlife that use this resource for food, shelter, migration and breeding. Conservation Policy 11.5: Ensure that development projects are designed to conserve the natural slope, preserve existing native vegetation, limit invasive species, and conserve natural drainage channels and swales. Municipal Code 10-2.702 Siting. (e) Creek Protection. Structures shall be set back a minimum of twenty-five (25) feet from the top of bank of all creeks. Greater setbacks may be required along major creeks in the Town; however, lesser setbacks may be allowed where approved by the Planning Commission. Improvements required to all creeks shall be accomplished to appear natural and to maintain the natural meandering course of the existing creek. Creeks and banks shall be protected so as to remain in their natural state as much as possible. They should not be disturbed by the building or grading process. No grading shall be allowed in creeks or within the required setbacks from top of bank. Siting of structures shall be done with safety as a primary concern. Safety concerns and preservation of riparian habitat are required to be simultaneously addressed when designing development and required improvements to creeks. (§ 15, Ord. 299, eff. December 11, 1985; §§ 6, 7, Ord. 370, eff. May 20, 1994; § 1, Ord. 504, eff. October 28, 2006) TREES, NATIVE VEGETATION & INVASIVE PLANTS Conservation Policy 2.2: Minimize disturbance of the natural terrain and vegetation. 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. Conservation Policy 2.3: Preserve and protect Heritage Trees, including native oaks and other significant trees, on public and private property. Conservation Policy 11.5: Ensure that development projects are designed to conserve the natural slope, preserve existing native vegetation, limit invasive species, and conserve natural drainage channels and swales. OSC Site Review 10511 Magdalena.docx 12/13/18 15 Conservation Program 2.5 Encourage the dedication of conservation/open space easements or the public acquisition of areas that are rich in wildlife or of a fragile ecological nature to ensure their protection Open Space Policy 1.2: Protect and maintain those areas necessary to the integrity of natural resources and processes, with special emphasis on, but not limited to, the groundwater recharge and drainage system, open spaces vital for wildlife habitat, open spaces suitable for agriculture, and other areas of major or unique ecological significance. Land Use Program 2.3 Encourage the preservation of existing trees, rock outcroppings, ridgelines and other significant natural features Municipal Code 10-2.702 Siting. (f) Tree Preservation. Every feasible attempt should be made to preserve existing trees except those trees identified in the Los Altos Hills Landscape Guidelines invasive plant CA FOOD AND AGRICULTURAL CODE - FAC DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] 5401. Any premises, plants, conveyances or things which are infected or infested with any pest, or premises where any pest is found, are a public nuisance, and shall be prosecuted as such in all actions and proceedings. All remedies which are given by law for the prevention and abatement of a nuisance apply to such a public nuisance. WILDLIFE CORRIDORS & FENCING Conservation Policy 2.7: Avoid the development of environmentally sensitive areas that are rich in wildlife or of a fragile ecological nature, such as areas of rare or endangered species of plants, or riparian areas. Conservation Goal 3: Maintain and enhance the integrity of wildlife habitat. Conservation Program 3.3: Assess the potential for development patterns to fragment and isolate significant wildlife habitats. Conservation Section 315: Planning for natural movement of wildlife can help 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. OSC Site Review 10511 Magdalena.docx 12/13/18 16 Municipal Code 10-1.507 (d) Prohibited Fences, Walls, Gates, and Column Types. The following fences are prohibited: (1) Chain-link or cyclone fences, including any fence with bare lengths of wire stretched between metal poles, with the exception of dark green, black, or brown vinyl-coated chain- linked fences with matching vinyl-coated cross bars and caps. (2) Barbed or razor wire fences, including any fence with attached barbs, sharp points, or razors. Electric fences, including any fence designed to produce an electric shock, except where necessary for animal husbandry operations. (3) Any fence, wall, and/or gate that may cause harm to people, pets, and/or wildlife due to points, spikes, or sharpened edges on the top or bottom part of the fence, wall structure and/or gate. (9) Open Space/Conservation Easement Perimeter Fences. (i) Maximum height of open space/conservation easement perimeter fences: six (6) ft. (ii) Minimum distance of lowest fence strand or rail from ground: twelve (12) inches above grade. (iii) Open space/conservation easement perimeter fences shall provide openings sufficient to accommodate the free passage of wildlife through the easement. A split-rail wood fence (see exhibit) or equivalent design shall be required. Where a pathway is located within an open space/conservation easement, the perimeter fence shall be required to have at least two (2) openings at least as wide as the width of the pathway easement. (10) Any fence crossing or intersecting an officially designated wildlife corridor shall conform to the requirements specified above for an open space/conservation easement perimeter fence. OPEN SPACE EASEMENTS (OSE)/CONSERVATION EASEMENTS (CE) OSC Site Review 10511 Magdalena.docx 12/13/18 17 Open Space Policy 1.1 Provide, during the development process, for the maximum feasible preservation of open space in and adjoining the Town, with spaces ranging in size from regional scale to small-scale open space on individual lots. Open Space Policy 1.4: Preserve the natural beauty and minimize disturbance of the natural terrain and vegetation. Open Space Policy 1.7: To the extent possible, link open spaces together visually and physically to form a system of open spaces. Open Space Policy 1.8: Ensure that land uses and structures are compatible with the general open space quality of the planning area. Open Space Policy 2.6 New residential subdivisions shall provide open space for recreation in order to meet their appropriate share of local recreation needs.