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HomeMy WebLinkAbout47-22RESOLUTION 47-22 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING A MAP AMENDMENT REQUEST FOR A CERTIFICATE OF CORRECTION REMOVING A 100 -FOOT CONSERVATION EASEMENT, REMOVING A 5 -FOOT PUBLIC UTILITY EASEMENT AND RECORDING A NEW 10 -FOOT PUBLIC UTILITY EASEMENT WHEREAS, The Town of Los Altos Hills received an application for a Map Adjustment (MA22- 0001) from Nader Mousavi to remove a recorded 100 -foot -wide Conservation Easement, remove a five -foot -wide Public Utility Easement, and record a new segment of ten -foot -wide Public Utility Easement on a portion of Lot 2 of Tract No. 6527 ("Project") now part of that real property known as 26070 Newbridge Drive; and WHEREAS, based on the record presented before it, the Project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15305 since the project includes minor alterations to land use limitations; and WHEREAS, the Project application was processed in accordance with the applicable provisions of the California Government Code and the Los Altos Hills Municipal Code; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the Project on March 3, 2022 and voted 5-0 to recommend that the City Council approve the map amendment request and certificate of correction removing the 100 -foot conservation easement, removing a 5 - foot public utility easement, and recording a new 10 -foot public utility easement on a portion of Lot 2 or Tract No. 6527M453; and WHEREAS, the City Council held a duly noticed public hearing to consider the Project on April 21, 2022, and considered all written documentation and public comments. NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills hereby APPROVES the Map Amendment Application (MA22-0001) subject to the recommended findings and conditions contained in Exhibit "A" and `B" and incorporated herein by reference. The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 21St of April 2022 by the following vote: AYES: Tyson, Swan, Mok, Schmidt, Tankha NOES: None UC WAIN�=6 111 ABSENT: None By: eorge Tyson,Mayor ATTEST: Deborah Padovan, City Cleric Resolution 47-22 Page 1 EXHIBIT A FINDINGS FOR APPROVAL Lands of Mousavi — 26070 Newbridge Drive File #MA22-0001 1. There are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary. There have been changes in circumstances that make the need for the 100 foot conservation easement no longer appropriate or necessary, The conservation easement as recorded on Tract No. 6527 protects a relatively steep slope extending down to Barron Creek. The approval of Site Development Permit #SD21-0043 included a condition of approval requiring the dedication of an open space easement encompassing those areas of the property within 25 feet of the Barron Creek top -of -bank, The required dedication encompasses more land area and is more aligned with the Town's Conservation Element of the General Plan, This is because it protects the entirety of the riparian areas on the property. Further, the new open space easement being dedicated is of the same nature as the existing conservation easement in that they both restrict development in the easement area and on the property, and are designed to preserve the open space, natural, scenic, or other similar conditions. The exchange between these easements would also continue to serve the goals of retaining open space, natural, and other related characteristics at this parcel and would not be detrimental to the Town's aesthetics and rural quality preservation. Thus, the recordation of a new, larger open space easement renders the conservation easement no longer appropriate or necessary The five-foot public utility easement is currently not in use by any utility companies with rights to the subject easement. Public utility easements are generally recorded around the perimeters of all properties within most subdivisions to allow for public utilities to access properties from adjacent rights-of-way or adjacent properties when no right-of-way frontage exists. As the current property configuration was created by lot line adjustment, the five-foot public utility easement bisecting the property is in an atypical configuration. The proposal to record a new segment of 10 foot public utility easement would create a continuous, closed public utility easement along the entire perimeter of the property. The lot line adjustment, in combination with the proposed 10 foot public utility easement, renders the five-foot public utility easement no longer appropriate or necessary. 2. The modifications do not impose any additional burden on the present fee owner of the real property. The abandonment of the 100 foot conservation easement and five foot public utility easement does not impose any additional burden on the present fee owner of the real property as abandonment will allow for greater use and enjoyment of the subject property. In fact, the abandonment of the conservation easement unencumbers less land than the required open space easement associated with #SD21-0043. The proposed 10 foot public utility easement will create a continuous, closed public utility easement and encompasses less land than the original five-foot public utility easement, thus does not impose any additional burden on the present fee owner of the real property. Resolution 47-22 Page 2 3. The modifications do not alter any right, title, or interest in the real property reflected on the recorded map and the City Council finds that the map, as modified, conforms to the provisions of Government Code Section 66474. The vacation of the 100 foot conservation easement, vacation of the five-foot public utility easement, and recordation of a 10 foot public utility easement does not alter any right, title, or interest in the real property reflected on the record map that would not be normally conferred under present day Town standards in regard to site development. The modification to the map, as modified, conforms to Government Code Section 66474 as the resultant property continues to be consistent with the Town's General Plan. Resolution 47-22 Page 3 EXHIBIT B RECOMMENDED CONDITIONS OF APPROVAL TO THE CITY COUNCIL Lands of Mousavi — 26070 Newbridge Drive File #MA22-0001 PLANNING DEPARTMENT: 1. Any further changes or modifications to the project shall be first reviewed and approved by the City Council. 2. The property owner shall provide a legal description and plat exhibits prepared by a licensed land surveyor that describe the easements being abandoned and added. The documents shall be signed and notarized by the property owner, then recorded with the Santa Clara County Recorder. A copy of the recorded document shall be returned to the Town within one year of the approval date, otherwise approval will expire, and applicant shall be required to apply anew. No building permit applications for structures within the Conservation Easement and Public Utility Easement areas to be abandoned will be accepted by the Town until the legal description and plat exhibits are recorded by the County Recorder's Office and returned to the City Clerk's Office. Please refer to the Conditions of Project Approval set forth herein. If you believe that these Conditions impose any fees, dedications, reservation or other exactions under the California Government Code Section 66000, you are hereby notified that these Conditions constitute written notice of a statement of the amount of such fees, and/or a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest such fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90 -day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. Resolution 47-22 Page 4 AMENDMENT NO. 10 TO AGREEMENT FOR CITY ATTORNEY SERVICES BETWEEN MEYERS NAVE AND THE TOWN OF LOS ALTOS HILLS Whereas, on August 31, 2002, the Town of Los Altos Hills ("TOWN") and Meyers Nave ("MEYERS NAVE") entered into the Agreement for City Attorney Services Between the Town of Los Altos Iills and Meyers Nave ("Agreement"); Whereas, Amendment No. 1 to the Agreement was approved in 2006; and, Whereas, Amendment No. 2 to the Agreement was approved in 2007; and, Whereas, Amendment No. 3 to the Agreement was approved in 2008; and, Whereas, Amendment No. 4 to the Agreement was approved in 2010; and, Whereas, Amendment No. 5 to the Agreement was approved in 2011; and, Whereas, Amendment No. 6 to the Agreement was approved in 2012; and, Whereas, Amendment No. 7 to the Agreement was approved in 2013; and, Whereas, Amendment No. 8 to the Agreement was approved in 2015; and, Whereas, Amendment No. 9 to the Agreement was approved in 2018; and Whereas, the Town estimates that it will need approximately 40 hours per month of basic general counsel services as defined herein below; and Whereas, the parties desire to amend the Agreement to set a retainer rate for the estimated amount of basic general counsel services as defined herein, an hourly rate for basic general counsel services in excess of 40 hours per month, and increase the hourly set an hourly rates for special services, cost recovery and litigation services. Now, therefore, the parties hereby agree as follows: 1. Section 3 of the Agreement is hereby amended to read as follows: "3. Legal Fees. TOWN shall pay MEYERS NAVE $12,950 per month of basic general counsel services as defined herein. This amount shall be inclusive of photocopy, postage, fax and travel costs for travel to and from City Council and Commission meetings. Such basic general counsel services include the following: • Attend all regular and special meetings of the City Council, City Council study sessions, and certain Planning Commission meetings as necessary. During those meetings, provide advice and opinions with respect to all legal matters; • Attend meetings of other boards, committees or staff of the Town as deemed necessary and appropriate, or as requested by the City Council or City Manager, at which time provide advice and opinions with respect to all legal matters; • Provide legal advice, consultation and training to the City Manager and the Town staff regarding Town operations and policies to minimize risks and potential liability, thereby protecting the fiscal interests of the Town and improving the delivery of municipal services; Provide research, preparation or review of ordinances, resolutions, agreements and contracts, budgets, written opinions and advice letters, emails, agendas and other documents pertaining to Town business, and examine for legal sufficiency all documents that Town staff may submit for review including, but not limited to Town services, elections, land use, open meeting laws, code enforcement, public records, health and safety, and legislative procedures; Provide legal services required in connection with (1) the routine acquisition of land or easements, (2) property disposals, (3) public improvements, (4) easement dedications, (5) right-of-way abandonment, (6) enforcement of Town Codes, and (7) land use, zoning regulations and building standards except where such services are part of land use cost recovery as set forth in the Special Services section; Advise the City Council, agents and Town staff on all general legal matters pertaining to the Town, including the enforcement and interpretation of State and local laws and codes. The City Attorney shall use good faith efforts to provide routine legal advice and consultation to Town staff on a "same day" basis via email, telephone, or in-person meetings, or correspondence; • Render advice and assistance in the administration of the Town's general liability risk management and insurance programs; • Keep the Council and City Manager informed of the status of all litigations involving the Town; • Provide written opinions when requested by City Manager or Council members; • Provide consultation with individual City Council members on questions regarding Town legal matters; • When approved by the City Council or City Manager, communicate with members of the public and/or press regarding Town operations and activities of a legal nature; • Hire and supervise activities of any legal counsel for matters requiring specialized skills or when a conflict of interests exists and makes the City Attorney's representation of the Town inappropriate. For specialized legal services including labor and personnel issues, telecommunications issues, enterprise fund work (e.g. sewer and storm water), and special services beyond the level of basic general services set forth herein and as approved by the City Manager or City Council, TOWN will pay MEYERS NAVE $350 per hour for attorneys. For legal work associated with land use applications or sewer reimbursement agreements which are subject to cost recovery by the Town, and all litigation, except tort litigation coordinated through ABAG, TOWN will pay MEYERS NAVE $420 per hour for Senior Principals and Senior Of Counsel, $380 per hour for Principals, Of Counsel, and Associates. Tort litigation will be billed at the established ABAG rates if the work is done by Meyers Nave. Paralegal work associated with these specialized services will be billed at the $175 per hour." 2. Except as amended herein, all other terms of the Agreement shall remain in full force and effect. 3. This Amendment No. 10 shall take effect as of April 1, 2022. TOWN OF LOS ALTOS HILLS Date: 4 2 2' By: Peter Pirnejad, City Manager Approved as to form: Special Counsel for Town of Los Altos Hills MEYERS NAVE Date: By: Steven Mattas, Senior Principal 5082545.'1