HomeMy WebLinkAboutJuly 12OSC FINAL_Minutes18-0712.docx 1
Los Altos Hills Open Space Committee
Los Altos Hills Parks and Recreation Building
FINAL Minutes of special Meeting July 12, 2018
Members and Associates Present: Peter Brown, George Clifford, Richard Contreras, Nancy Couperus, Kit
Gordon, Jean Struthers (10:30 am), Wendie Ward, Sue Welch (Members); Karen Lemes, Alice Sakamoto,
(Associates)
Members and Associates Absent: Sharen Schoendorf (Associate)
Council Liaison Present: Roger Spreen
Member of Public Present: Susan Mielke (LAH resident)
Brigitta Indaco (EDPC)
Julie Zarcone (LAH resident)
Mika Genet (architect for 13581 Wildcrest)
Kjell Karlsson
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. PB moved to accept with minor amendments the minutes from the
meeting of June 14, 2018. RC seconded and the vote was unanimously in favor (PB, GC, RC, NC, KG,
SW, WW). JS not yet present.
C. Announcements.
i. SCVWD Program to Map Arundo in County. KG will send an email to OSC members describing the
SCVWD effort to map and eventually eradicate Arundo donax (Giant reed) infestations in the county.
This invasive plant degrades riparian and fish habitat, spreads downstream easily, and is a flood and
fire hazard. OSC members are encouraged to report infestations at the program web site.
ii. Request for proposals. KL will send email about program seeking proposals to reduce burnable
materials. She proposed a program to inspect buildings in LAH post notices indicating status.
2. Planning
A. OSC Site Reviews and Recommendations for Development Projects.
i. 13581 Wildcrest (Lands of Sutaria and Capozzola; APN 175-36-021; #18-0013). Reason for OSC
review is construction of a new residence. OSC reviewed this property at the June 14. 2018 OSC
meeting with a recommendation to modify the existing OSE (CR 26-00; Attachment A) to match the
location of the existing retaining wall as shown on the figure on page 2 of the 6/14/18 Draft OSC
Property Review and to make a special note to protect the oaks close to the house (#6, 8, 10, 11) during
construction. The project architect is present today to request a reduction in the area of the OSE to
accommodate the storm water runoff dissipater, which was located outside the original existing OSE,
but will be within the modified OSE recommended by OSC last month. The architect also is concerned
about temporary construction activities that will have to take place within the OSE because it is close to
the house. OSC reviewed the plans and discussed options. It is OSC understanding that drainage
improvements, including storm water run off dissipators, are allowed in OSEs. LAH Engineer, Jeremy
Koch, confirmed that these are allowed in OSEs. NC moved that the OSC 1) reaffirm the
recommendation for the location of the OSE made at the June 2018 OSC meeting and to send a
note to staff to remind them that drainage improvements, including storm water run off
dissipators are allowed in OSEs; and 2) confirm OSC understanding that construction equipment
will be needed to be used during construction within the eastern portion of the OSE that is close
to the new house. WW seconded and the vote was unanimously in favor (PB, RC, NC, KG, WW,
SW).
ii. 27261 Sherlock Road (Lands of Sherlock; APN 182-30-013; SD18-0023). Reason for OSC review is
construction of a two-story garage. The lot is on top of a ridge and slopes down steeply on two sides.
Sherlock Road (private) runs through the parcel. Two small oaks will be removed. Two existing open
space easements dedicated in 1996 (CR 107-96; Attachment B and C) are on the lower portions of the
parcel on both sides of the ridge (i.e., on the steep northern and southern portions of the lot). RC
moved that the OSC recommend the Town request the developer to show the existing open space
easements on the plans and to identify the oaks that will be removed. KG seconded and the vote
was unanimously in favor (PB, RC, NC, KG, WW, SW).
B. Fence Permit Reviews. Not discussed.
OSC FINAL_Minutes18-0712.docx 2
C. OSC recommendations to be adopted by Council.
i. 14510 Manuella Road (reviewed March 2018)
ii. 13120 East Sunset Drive (reviewed Aug 2016, May 2018)
iii. 12735 Alto Verde Lane (reviewed July 2017, Fast Track approved April 2018)
iv. 13439 Mandoli Drive (reviewed June 2018)
v. 10275 Kenbar Road (reviewed June 2018)
vi. 26896 Alejandro Drive (reviewed June 2018)
3. New Business
A. Guest speaker Ted Sayre, Town geologist. Mr. Sayre discussed the LAH Hazard Map and Geologic Map
and other geology topics relevant to development. KG distributed a handout with policies from the LAH
General plan that pertain to geology issues (Attachment D).
B. Election of OSC Chairperson and Co-Chair. SW nominated KG to be re-elected as chair. WW seconded
and the vote was unanimously in favor (PB, RC, NC, KG, JS, WW, SW). KG nominated RC to serve as
Co-Chair. NC seconded and the vote was unanimously in favor (PB, RC, NC, KG, JS, WW, SW).
4. Continuing Business
A. Town weed management. OSC discussed plans for stinkwort spraying. In June, a subcommittee (PB, RC,
KG, SW) was formed to work with LAH Public Works Director, Allen Chen. OSC again discussed
methods to address “private infestations (e.g., contacting residents with large infestations; using Fire
District weed abatement program) and methods to map infestations and follow them year-to-year (ideally a
Town-hosted GIS system). SW moved that OSC send a memo to Carl Cahill and Allen Chen
describing rationale and plan for spraying stinkwort, and soliciting their input, with the expectation
that the Town will spray again this year. OSC will also contact them about how the Town can
address infestations on private land. JS seconded and vote was unanimously in favor (PB, RC, NC,
KG, JS, WW, SW).
OSC members selected areas of Town to map stinkwort infestations for spraying. Members were also
encouraged to report stinkwort infestation along I-280 to the Caltrans website. (KG will send link.)
GC: Moody Road (and all cul-de-sacs off it) from Page Mill to FHC
KL: Canyon Road; WW: Bullis School area; J Zarcone: Central Drive.
PB: SE part of Town (streets bordered by El Monte, Magdalena, Summerhill, and I-280; Magdalena south
of freeway; Ravensbury, Camino Hermosa, Quarry subdivision)
KG: Altamont and Elena (and all cul-de-sacs)
RC: Moody to Old Snakey?
SW: NW part of Town (Liddicoat loop, Paseo del Robles loop, Page Mill cul-de-sacs from Middle and
Fork north; Saddle Mtn area).
B. Grassroots Ecology update. Byrne Brigade workdays continue through first week of August with focus on
removal of purple star thistle, teasel, and YST. Natives planted in the flood plain are doing well. Kristen
Williams would like to make a short presentation to OSC in September or October.
C. Updates from other Town meetings. Council approved the tentative map for the Top Elegant Investment
subdivision on June 21, 2018.
5. Open Discussion
A. OSC review of development projects. OSC discussed how staff decides whether or not to direct projects to
OSC for review. It appears not all projects that may meet criteria for OSEs are sent.
B. Future Guest speakers. KG suggested inviting Planning Director Suzanne Avila and the two new Planners
to future OSC meetings to facilitate communication and clarify criteria for OSC review.
6. Communications from the Floor. None.
7. Adjournment.
Meeting was adjourned at 11:20 am
Next Regular Meeting: Thursday, August 9, 2018
9:00 AM at LAH Parks and Recreation Building
Attachment A: June 14, 2014 OSC Property Review for 13581 Wildcrest Drive
Attachment B: Existing open space easements on 27261 Sherlock Road
Attachment C: OSC Property Review for 27261 Sherlock Road
Attachment D: LAH General Plan Geology References
FINAL minutes approved at the Regular OSC meeting of Aug 09, 2018.
OSC Site Review 13581 Wildcrest.docx 8/18/18 1
To: Los Altos Hills Planning Department
From: Open Space Committee
Date: June 14, 2018
Property address: 13581 Wildcrest Drive
Date of Site Visit: May 31, 2018
Lands of Sutaria & Capozzola APN 175-36-021
Town
Planner
Suzanne Availa Project
Number
SD18-0013
Reason for review (check one)
ü New Residence
Second Unit
Addition/Major Remodel
Fence Permit
OSC RECOMMENDATION FOR THIS PROPERTY
Date of OSC review: June 14, 2018
Voting of review: Unanimously in favor (RC, WW, NC, SW, JS, RC, PB, KG)
Absent (GC)
Final OSC recommendation:
The property is a steep (~40%) 1.15 net acre lot that has had significant cut & fill &
retaining wall construction. The plan proposes to cut and export ~3400 cy of soil and
redo retaining walls. A tributary to Robelda Creek traverses the southern boundary. An
open space easement exists on the lower southern third of the property but with a
loopy boundary that does not correspond with existing cut/filled contours. There are
swales and open spaces easements on west and east boundaries of the property
covering steep slopes and established oak woodlands. Two significant oaks trees (#7,
#9) are planned for removal. Swales near western and southern boundary drains to
Robleda Creek.
Recommendations:
1. Redraw the Open Space Easement to match the existing fill contours at the
border of lower retaining wall and oak canopy; approximately between elevation
lines 340 & 350.
2. Riparian setback 25 feet from southern border.
3. Remove chain link fence at western boundary. The fence appears to be
connected to this site but is just outside the property boundary.
4. How will proposed drainage system traverse lower retaining wall? Will this wall
be removed?
5. Concerns about eastern building abutting edge of OSE and under oak canopy –
how can oaks be protected?
OSC Site Review 13581 Wildcrest.docx 8/18/18 2
OSC Site Review 13581 Wildcrest.docx 8/18/18 3
Blue line is Robleda Creek
OSC Site Review 13581 Wildcrest.docx 8/18/18 4
SUPPORTING INFORMATION
SLOPE AND SOIL
Average slope of lot ____40%____
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.
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
Creeks or waterways or swale on parcel? Name of creek/tributary of: Robleda
Shown on USGS map? SCVWD creek map? LAH Hazard Map? EcoAtlas? YES
Condition of banks? We did not go down to creek.
Existing riparian or OSE or SCVWD easement along creek on this property or nearby parcels?
Existing OSE on eastern and western and southern boundaries.
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?
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.
OSC Site Review 13581 Wildcrest.docx 8/18/18 5
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.
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
Heritage oaks? Yes, several
Significant trees? Groves of significant trees? Several oak trees and non-native species
Trees proposed for removal (number and species)? Two significant oak trees planned for
removal. Redwood trees also planned for removal as well as other non-native trees.
OSC Site Review 13581 Wildcrest.docx 8/18/18 6
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.
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.
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
Check 2006 Live Oak Associates map (not official)
Evidence of wildlife (e.g., deer trails, spoor)? Yes, several animal trails on E, W & S portions
Identify location and type of existing fencing: Old segment of chain link in OSE near W
border. Chain link fence along lower retaining wall/fill section.
Check that fencing on plans agrees with fencing on the ground
OSC Site Review 13581 Wildcrest.docx 8/18/18 7
Note any fence that does not meet current fencing regulations
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.
(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.
OSC Site Review 13581 Wildcrest.docx 8/18/18 8
(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)
Check Town records for existing CE or OSE on this property and adjacent and nearby parcels.
Identify areas where OSE are recommended (slope ≥30%, significant trees, wildlife corridor,
creeks, drainage swales)
Significant OSE on western property border extends nearly the entire length of
property.
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.
PATHWAY EASEMENTS (PE)
Check Town records for existing or newly proposed PE on this property or adjacent and
nearby parcels.
Attachments:
- Photos from site
- Easement history and research
- 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 13581 Wildcrest.docx 8/18/18 9
OSC Site Review 13581 Wildcrest.docx 8/18/18 10
RESOLUTION NO. 107-96
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING
EXECUTION OF AN AGREEMENT FOR
CONSERVATION EASEMENT BETWEEN THE
TOWN OF LOS ALTOS HILLS AND
JOHN F. NORHEIM AND JOAN E. SHERLOCK-NORHEIM
WHEREAS, the City Council of the Town of Los Altos Hills has
read and considered that certain Agreement for Conservation
Easement ("Agreement") between the Town and John F. Norheim and
Joan E. Sherlock-Norheim.
NOW, THEREFORE, the City Council of the Town does RESOLVE as
follows:
1. Public interest and convenience, require the Town of Los
Altos Hills to enter into the Agreement described above.
2. The Town of Los Altos Hills hereby approves the Agreement
and the'Mayor is hereby authorized on behalf of the Town to execute
the Agreement between the Town of Los Altos Hills and John F.
Norheim and Joan E. Sherlock-Norheim.
PASSED AND ADOPTED this 4th day of December , 199
By: , / "
Mayor
ATTEST:
City Clerk
3\lah\res\sher-ea.res
g
DOCUMENT: 13549135 Titles: 1 / Pages: 8
This Document is Recorded Fees. . . .* No Fees
For the Benefit of the Taxes. . .
Town of
Exemptfrom Fee
Los ls 0 II 111 111 11111111 11 11
And isi A0013549135A Cop i es. .
Per Government Code AMT PAID
Sections 6103 and 27383
When Recorded, Mail to:BRENDA DAVIS RDE # 004
SANTA CLARA COUNTY RECORDER 12/11/1996
Town of Los Altos Hills Recorded at the request of 3: 17 PM
26379 Fremont Road CityLosAltosHills, CA 94022
Attention: City Clerk
AGREEMENT FOR CONSERVATION EASEMENT
J
This greement, made and entered into this ,A- S day of
1996, by and between JOHN F. NORHEIM and JOAN E.
SHERLOCK-NOEIM', husband and wife, (collectively, "Owner") and the
Town of Los Altos Hills, a municipal corporation, ("Town") .
RECITALS
A. Owner is the owner of certain real property in the Town
commonly known as 27261 Sherlock Road and more particularly
described on Exhibit A hereto.
B. Town has adopted a General Plan and, pursuant thereto,
may accept grants of conservation and open space easements on
privately owned lands lying within the Town.
C. Town finds this conservation easement to be consistent
with the adopted Town's General Plan and in the best interest of
the Town.
D. Both Owner and Town desire to limit the use of a portion
of the property described above by dedication of a conservation
easement in order to reduce potential adverse impacts on such land
including grading, vegetation removal, and erosion, recognizing
that such land is essentially unimproved and if retained in its .
natural state has substantial scenic value to the public and that
the preservation of such land as open space constitutes an
important physical, social, aesthetic and economic asset to the
Town and the Owner.
1 3\1ah\re\sher-ce.agm
NOW, THEREFORE, the parties, in consideration of the mutual
covenants and conditions set forth herein and the substantial
public benefits to be derived therefrom, do hereby agree as
follows:
1. Grant of Conservation Easement. Owner, as grantor, hereby
grants a conservation easement to the Town of Los Altos Hills, a
municipal corporation, County of Santa Clara, State of California,
over the real property described and shown on as Exhibit B hereto
the "Property") to have and to hold said conservation easement for
the term and for the purposes and subject to the conditions,
covenants and exceptions described herein.
2. Statutory Authorization. This Agreement and grant of
conservation easement are made and entered into pursuant to Civil
Code Sections 815 through 816 and Chapter 6.6 (commencing with
section (51070) of Part 1, Division 1, Title 5 of the Government
Code. This Agreement is subject to all of the provisions of said
sections and chapter including any amendments thereto which may
hereafter be enacted.
3. Restriction on Use of Property. During the term of this
Agreement and the conservation easement granted herein, the
Property shall not be used for any purpose other than a
conservation easement and those uses related to or compatible
therewith. Owner, for the direct benefit of the Property described
herein and of the Owner, hereby declares that the Property shall be
subject to restrictive covenants running with the land which shall
be binding upon all subsequent grantees.Said restrictive
covenants shall be:
a. against the right of Owner to construct any
improvements on or within the Property except fpr public and
private utilities easements and paths dedicated to the Town,
provided these reserved exceptions shall be consistent with- the
purposes of law and shall not permit any action which will be
incompatible with maintaining the preserving the natural or scenic.
character of the land; and
b. against the extraction of natural resources or other
activities which may destroy the unique •physical and . scenic
characteristic of the land, and
c. against the grading of land other than attendant to
permitted uses; and
d. against the cutting of vegetation, except as may be
required for fire prevention, thinning, elimination of diseased
growth, and similar measures.
The City Council of the Town may authorize exceptions to
the foregoing restrictive covenants, provided such exceptions are
consistent with the purposes: of law and not incompatible with
maintaining and preserving the natural character of the land.
2 3\lah\re\sher-ce.agm
4. Restrictions on Public Use. The public shall not have a
right of entry upon the Property. The right of entry and surface
use is limited solely to the Town, but. only for the purpose of
inspection of landscaping, trees or natural growth upon the
Property.
5. Term of Agreement. This conservation easement and
Agreement shall be effective on the date of recordation of this
Agreement and shall remain in effect in perpetuity, unless
abandoned pursuant to Government. Code Sections 51093 and 51094, or
any successor legislation.
6. Successors in Interest.. . This Agreement and- the
conservation easement shall -run with the Property and shall be
binding upon and inure to the benefit of the heirs, successors and
assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement.
OWNER
Date:Date: I ( 1996
JOHN F. NORHE M
Date: f -2 , 1996
J• . E. SHER OCK-NORHEIM
TOWN OF LO/ALT• F LS/
Date: December_ 4 , 1996 By:
Its: Mayor
ATTEST:
City Clerk
3 3\lah\re\sher-ce..agm
4
STATE OF CALIFORNIA )
ss:
COUNTY OF Alameda )
On Nov. 25 1996, before me, the undersigned Notary Public,
personally appeared JOHN F. NORHEIM, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
personwhose name is subscribed to the within instrument . and
acknowledged to me that he executed. the same in his authorized
capacity, and that by his signature on the instrument the person,
or the entity upon behalf of which the ,person acted, executed the
instrument.
WITNESS my handand official seal.
TONYA K'SANNERr
z:-; COMM.#991747
Signature ` ) Notary Public—California
wq'.
fir
r^-vt-
a
v
ALEDA COUNTY
My Comm.Expires APR 1 a,1997
i,24p` '..3.6
y
STATE OF CALIFORNIA )
ss:
COUNTY OF Alameda )
On Nov. 25 1996, before me, the undersigned Notary Public, .
personally appeared JOAN E. SHERLOCK-NORHEIM, personally known to
me (or proved to me on the basis of satisfactory evidence) to be
the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized.
capacity,
uthorized-
capacity, and that by her signature on the instrument the person,
or the entity upon behalf of which the personacted, executed the
instrument.
WITNESS my hand and official seal.
TONYA K SANNER f,
COMM.#991747
Signature off$ Notary Public—California
SA AtAMEDA COUNTY
My Comm.Expires APR 18,1997
4 3\lah\re\sher-ce.agm
UNDERWOOD & ROSENBL
CIVIL ENGINEERS AND SURVEYORS
1RI
370 Vander Way, Suite B, San Jose, CA 95112
Tel No. (408)971-1454 FAX No. (408)971-1486
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SANTA CLARA, CITY OF LOS ALTOS HILLS, DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN LOT AND PARCEL, BEING A PORTION OF THE EALNCO RANCHO,
AS DESCRIBED IN AND CONVEYED BY DEED FROM ANTONIO BAU BLANCO AND WIFE,
TO REDWOOD CITY REALTY COMPANY, A.CORPORATION, DATED MARCH 29, 1911,
RECORDED IN BOOK.370 OF DEEDS, PAGE 50, IN THE OFFICE OF THE RECORDER OF
SAID COUNTY OF SANTA CLARA, TO WHICH DEED AND SAID RECORD THEREOF
REFERENCE IS HEREBY MADE AND THE SAME MADE APART HEREOF, AND MORE
PARTICULARLY BOUNDED AS FOLLOWS:
COMMENCING AT A STAKE MARKED "JB 2 1/2"SET AT THE SOUTHEAST CORNER OF
THE BLANCO RANCHO; THENCE ALONG THE SOUTHERLY LINE OF SAID RANCHO
S82°50'W 765 FEET; THENCE N6°45'W 228 FEET; THENCE S89°15'W 325 FEET; THENCE
N83°10'W 367 FEET; THENCE N59°40'W 217 FEET; THENCE N37°40'W 141 FEET;
THENCE N51°45'W 97.5 FEET TO THE POINT OF BEGINNING OF THE PROPERTY TO BE
HEREINAFTER DESCRIBED; THENCE N51°45'00"W 121.50 FEET; THENCE N69°15'00"W
82.00 FEET;THENCE N17°10'00"E 415.00 FEET; THENCE S79°30'00"E 206.50 FEET;
THENCE S16°40'00"W 500.50 FEET TO THE POINT OF BEGINNING.
APN 182-30-013
COMMONLY KNOWN AS: 27261 Sherlock Road
Los Altos Hills, CA
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1370 Vander Way, Suite B, San Jose, CA 9511S2
Tel No.(408)971-1454 FAX No. (408)971-1486
EXHIBIT "B"
LEGAL DESCRIPTION
ALL THAT CERTAIN.REAL PROPERTY SITUATED IN THE TOWN OF LOS ALTOS HILLS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF THAT
CERTAIN PARCEL OF LAND AS DESCRIBED AND CONVEYED FROM GERTRUDE M.
SHERLOCK, TRUSTEE OF THE GERTRUDE M. SHERLOCK REVOCABLE TRUST, TO
JOHN F. NORHEIM AND JOAN E. SHERLOCK-NORHEIM, HUSBAND AND WIFE AS JOINT
TENANTS, BY DEED RECORDED ON JULY 16, 1991 IN BOOK L784 OF OFFICIAL
RECORDS PAGE 1081, COUNTY OF SANTA CLARA RECORDS, AND BEING THE
NORTHERLY PORTION AND SOUTHERLY PORTION OF SAID PARCEL; AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
NORTHERLY PORTION
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL, THENCE,
SOUTHWESTERLY ALONG THE EASTERLY LINE OF SAID PARCEL S16°40'00"W, 87.50
FEET; THENCE, LEAVING SAID EASTERLY LINE, WEST 215.47 FEET TO THE WESTERLY
LINE OF SAID PARCEL; THENCE, NORTHEASTERLY ALONG SAID WESTERLY LINE,
N17°10'00"E, 127.12 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL;
THENCE, EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL, S79°30'00"E,
206.50 TO THE POINT OF BEGINNING.
SOUTHERLY PORTION
ALL THAT PORTION OF SAID PARCEL SOUTHERLY OF A 60 FOOT WIDE PATHWAY
EASEMENT DEDICATED TO THE TOWN OF LOS ALTOS HILLS BY RESOLUTION NO. 31-
93 OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AND RECORDED ON
MAY 17, 1993 IN BOOK M779 OF OFFICIAL RECORDS PAGE 1382, COUNTY OF SANTA
CLARA RECORDS.
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EXHIBIT "B" Date 11-13-96
UNDERWOOD & ROSENBLUM
PLAT TO ACCOMPANY LEGAL DESCRIPTION Scale 1"=60'
CML ENGINEERS AND SURVEYORS CONSERVATION EASEMENT
1370 Vender Way Ste.B Sen Jose, Ca 95112 APN 182-30-013 Drawn FMR
Tel No.(408)9711454 FAX Na(406)9711486
LOS ALTOS HILLS, CALIFORNIA Job 9149
AttachmentC_OSC18‐0809_Review 27261 Sherlock.docx 8/17/18 1
To: Los Altos Hills Planning Department
From: Open Space Committee
Date: 12 July 2018
Property address: 27261 Sherlock Rd
Date of Site Visit: 10 July 2018
Lands of Joan Sherlock APN 182‐30‐013
Town
Planner
Dylan Parker Project
Number
SD18‐0023
Reason for review (check one)
New Residence
Second Unit X
Addition/Major Remodel
Fence Permit
OSC RECOMMENDATION FOR THIS PROPERTY
Date of OSC review:12 July 2018
Voting of review:
Final OSC recommendation (after formal OSC review)
RC moved that the OSC recommend the Town request the developer to show the existing open space
easements on the plans and identify the trees to be removed. KG seconded and the vote was unanimously
in favor
AttachmentC_OSC18‐0809_Review 27261 Sherlock.docx 8/17/18 2
SUPPORTING INFORMATION
SLOPE AND SOIL
Average slope of lot ___________
Areas with slope ≥30%? Some close
Check slope/LUF worksheet on subdivisions
Review Geologic Hazard Report, if applicable. 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
Creeks or waterways or swale on parcel? Name of creek/tributary of:N/A
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?
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.
AttachmentC_OSC18‐0809_Review 27261 Sherlock.docx 8/17/18 3
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.
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 102.702 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
AttachmentC_OSC18‐0809_Review 27261 Sherlock.docx 8/17/18 4
Heritage oaks? No
Significant trees? Groves of significant trees?
Trees proposed for removal (number and species)? Two <12” Oak, One Bay
Significant native vegetation?
Significant invasive pest plant vegetation? No
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.
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.
Land Use Program 2.3 Encourage the preservation of existing trees, rock
outcroppings, ridgelines and other significant natural features
Municipal Code 102.702 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
AttachmentC_OSC18‐0809_Review 27261 Sherlock.docx 8/17/18 5
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
N/A
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
Note any fence that does not meet current fencing regulations
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 101.507 (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.
AttachmentC_OSC18‐0809_Review 27261 Sherlock.docx 8/17/18 6
(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)
Check Town records for existing CE or OSE on this property and adjacent and nearby parcels.
Identify areas where OSE are recommended (slope ≥30%, significant trees, wildlife corridor,
creeks, drainage swales) Existing Easements at North and South of property (attached)
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.
AttachmentC_OSC18‐0809_Review 27261 Sherlock.docx 8/17/18 7
PATHWAY EASEMENTS (PE)
Check Town records for existing or newly proposed PE on this property or adjacent and
nearby parcels. Existing Pathway easement along Sherlock Road
Attachments:
‐ Photos from site
‐ Easement history and research
‐ Photo of site plan with marked OSE
FOLLOWUP
Send final copy to OSC Chair & Secretary
Upload to TraKit ?
Add address to list of easements to track on OSC agenda
.:,i.,:,fLos Altos Hills Open Space Committee:
The Open Space Committee's charter is to make open space easement recommendations based
on the General Plan to properties under development. Below are some of the General Plan
policies that pertain to geology and open space easements.
LOS ALTOS HILLS GENERAL PLAN GEOLOGY REFERENCES:
Safety Element 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 Element Policy 1.2 Unstable terrain, active fault traceso water channels, flood plains,
excessively steep slopes and other areas determined hazardous to public welfare and safety shall
not be developed unless unobtrusive corrective measures can assure public safety.
Safety Element Policy 2,2 Locate development so as to avoid geologic hazardso including
slope instability, to the maximum extent feasible.
Safety Element Policy 3.1 Leave natural channels and flood plains in a natural state,
unencumbered by development to the maximum extent feasible. Exceptions shall be made only
in situations where it is essential to protect established property values or for public safety.
Land Use Element 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 Element Policy 2.6 Limits on the development of inpividual residential lots shall be
determined based on evaluation of such factors as natural vegetbtion, topographic
characteristicsn soils and geology.
Open Space Element Policy 1.2: Protect and maintain those areas ltecessary 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.
Conservation Element 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 Element Program 5.2 In the planning, environmental impact review, and
completion of all land development or land alteration projects, direct particular attention toward
the protection of the natural water system.
Conservation Element 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.
K Gordon, July 12, 2018 Open Space Committee Meeting with Town geologist Ted Sayre
$ 2009. ..Geologic hazard" means a geologic co:rdition that is a potential danger to life and
property. Geologic h;; i*t,ra., Y "t:"q limited to'.eartlqu*:rsl#*tlfdslide' erosion'
"offi^fi;;il, tr!,h Jirplacement, and volcanic eruption' Source: CALIFORNIA
GEOLOGICAL SURVEY
Watercourse means a lake, river, creek, stream, wash, affoyo, channel or other topographic
feature on or over which waters flow at least periodically'
Questions:' l. Describe the methods for determining the classifications categories on
hazard map.
Wfw ir tfre tana at the Elena subdivision being reclassified from slope
the Town's geo
instability to
stable?
Describe the different types of earthquake faults in our town.
C* nooa plains Ue inciuaea in the gio hazard map? Can more tributaries of creeks be
included in the geo hazard maP?
K Gordon, July 12,2018 open Space committee Meeting with Town geologist Ted Sayre
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