HomeMy WebLinkAbout41-23RESOLUTION 41-23
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
MAKING CATEGORICAL EXEMPTION DETERMINATION UNDER CEQA AND
APPROVING A CONDITIONAL USE PERMIT FOR AN EXISTING WATER
STORAGE FACILITY AND PERMIT CONSTRUCTION OF TWO CHEMICAL
STORAGE SHEDS AND AN EQUIPMENT SHED
(LANDS OF CALIFORNIA WATER SERVICE COMPANY)
WHEREAS, public utility facilities and materials storage are a conditional uses in the Residential -
Agricultural Zoning District of the Town of Los Altos Hills; and
WHEREAS, on December 14, 1961, the Building Department of the Town of Los Altos Hills
issued a Building Permit and Variance (V-78-61) to construct. a 250,000 Gallon water storage tank
at Accessor's Parcel Number. 336-35-044 at an existing water storage site containing a 50,000
Gallon water storage tank; and
WHEREAS, on December 6, 1967, the Building Department of the Town of Los Altos Hills
issued .a Building Permit (2121) to replace the. existing 50,000 Gallon water storage tank with a
250,000 Gallon water storage tank at Accessor's Parcel Number 336-35-044; and
WHEREAS, the existing water storage facility is a public utility use owned by California Water
Service Company (Cal Water) ("Owner") and California Water Service Company is . a company
providing drinking water and wastewater services; and
WHEREAS, on October 12, 2022, the Town received an application from the property owner for
two new chemical storage sheds, one containing 40% concentration Ammonium Sulfate and one
containing 12% concentration -Sodium Hypochlorite for the purpose of eliminating nitrification :of
water, and one new equipment shed (File #CUP22-0004); and
WHEREAS, the Santa Clara County Department of Environmental Health requires a Hazardous
Materials Business Plan for any regulated materials as defined bySanta Clara County Code of
Ordinances, Title B. Division B11, Chapter XIII; and .
WHEREAS, the Santa Clara County Code of Ordinances defines a regulated material as any
material regulated by Chapter 6.5 of Division 20 of the California Health and Safety Code; and
WHEREAS, the California Health and Safety Code defines any regulated material as one listed
in Section 130, Subpart F, Part 68, Subchapter C, Chapter 1, Title 40 of the Code of Federal
Regulations; and
WHEREAS, the proposed chemicals are either not regulated or beneath the regulatory thresholds
of Code of Federal Regulations; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the Project
on March 2, 2023 and considered all written documentation and public comments; and finds that
Resolution 41-23 Page 1
the Project is exempt from CEQA pursuant to CEQA Guidelines Section 15301(b) and
RECOMMEND that the City Council GRANT the request for a Conditional Use Permit (CUP22-
0004) subject to the findings and conditions.
NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does
hereby make the findings Attached to this Resolution as Exhibit A and approve the Conditional
Use Permit subject to the conditions of approval attached to this Resolution as Exhibit B.
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los
Altos Hills at a regular meeting held on the 201h day of April, 2023, by the following vote:
AYES: Swan, Mok, Schmidt, Tyson
NOES: None
ABSTAIN: None
ABSENT: Tankha
BY:
Linda G. Swan, Mayor
ATTEST:
91'ac�
eborah L. Padovan, City Clerk
Resolution 41-23 Page 2
EXHIBIT A
FINDINGS
APN 336-35-044 — File #CUP22-0004
1. With regard to the Conditional Use Permit Renewal (CUP22-0004) for an existing water
storage facility and new chemical storage sheds at APN.336-35-044, the Planning Commission
finds in accordance with Section 10-1.1007(1) of the Los Altos Hills Municipal Code as
follows
a. The proposed use or facility is properly located in relation to the community as a whole,
land uses,and transportation and service facilities in the vicinity;
The facility has been in continuous operation since at least 1961 and was originally located
at the edge of the Town's jurisdiction before the 2012 annexation of the rest of Olive Tree
Lane. The original location with respect to Town's original boundaries was properly
located in relation to the community as a whole.
b. The site for the proposed use is adequate in size and shape to accommodate the proposed
use and all yards, open spaces, walls and fences, parking, loading, landscaping, and such
other features.as may be required by this chapter or, will be. needed to assure that the
proposed use will be reasonably compatible with land uses normally permitted in the
surrounding area;
The existing facility is small and available building locations are constrained by the
existing improvements, including water tanks, pumps, generators and fencing. The site is
adequate in size for the proposed sheds as they have a small footprint and are no taller than
the existing water tanks and will not pose additional visual impacts to the neighboring
properties. Public utility uses are allowed as a Conditional Use in the Residential
Agriculture Zoning District and are, therefore, compatible with the community.
c. The site for the proposed use will be served by streets and highways of adequate width and
pavement to carry the quantity and kind of traffic generated by the proposed use;
The existing site is served by streets or adequate width and pavement to carry the traffic
typically generated by the existing use, which is minimal. The proposed sheds will not
materially increase traffic.
d. The proposed use will not adversely affect the abutting property or the permitted use
thereof,•.
The existing facility does not adversely affect the abutting property or limit the use as a
residential property.
Resolution 41-23 Page 3
EXHIBIT B
CONDITIONS OF APPROVAL
APN 336-35-044 — File # CUP22-0004
PLANNING DEPARTMENT
1. Any changes or revisions to the entire facility or its use shall require an amendment to the
applicable permit(s). Additionally, the Planning Director may schedule a review or revocation
hearing before the Planning Commission regarding any Conditional Use Permit, if any
condition of approval is not being met or the facility is being used inconsistent with the
approved use or in violation of Town development codes.
2. No modifications to the approved plans. are allowed except as otherwise first reviewed and
approved in writing by the Planning Director or by action of the Planning Commission,
depending on the scope of the changes, and consistent with the requirements of applicable
codes.
3. This Use Permit does not relieve the property owners from responsibility for compliance with
any other applicable federal, state or local law, rule, standard ordinance, order, judgment or
decree.
4. The discharge of any wastewater into the storm drain system, trench dissipater or water
channels is prohibited. The property owner shall utilize Best management Practices (BMPs)
when washing down the stalls, animals, manure storage area or other areas to ensure that no
wastewater is discharged into the storm drain system or the nearest watercourse. 'Prior to
discharging any wastewater into the sanitary sewer the applicant shall obtain authorization
from the City Engineer and shall be responsible for complying with all applicable sanitary
sewer regulations pertaining to wastewater discharge pursuant to Title 6, Chapter 4 of the
Municipal Code.
5. As is required for other construction projects within the Town, the applicant shall defend,
indemnify, and hold harmless the Town of Los Altos Hills and its agents, officers, and
employees from any claim, action, or proceeding against the Town of Los Altos Hills or its
agents, officers, or employees to attack, set aside, void, or annul an approval of the project to
the extent such actions are brought within the time period required by Government
Code Section 66499.37 or other applicable law; provided, however, that the Applicant's duty
to ' so defend, indemnify, and hold harmless shall be subject to the Town's promptly notifying
the Applicant of any said claim, action, or proceeding and the Town's full cooperation in the
defense of such actions or proceedings.
6. The applicant shall propose sound attenuation for the exhaust fans and equipment in
the approved sheds and the facility shall comply with the Town's noise ordinance at all
times. If the Town receives a complaint of excessive noise at the facility, then the
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applicant shall perform an acoustical analysis of the ground equipment to demonstrate
that noise emissions from the equipment is at or below 40 dbl at the property line.
7. The applicant shall not place any facilities that will deny access to, or otherwise interfere with,
any public utility, easement or right-of-way located on the site. The applicant shall allow thee
town reasonable access, and maintenance of, all utilities and existing public improvements
within or adjacent to the site, including but not limited to, pavement, trees, public utilities,
lighting and public signage.
8. All conditions of approval shall be binding as to the applicant and all successors in interest to
applicant.
9. The property owner shall inform the Town of any damage and shall repair any damage caused
by the construction of the project to pathways, private driveways, and public and private
roadways, prior to final inspection and shall provide the Town with photographs of the
existing conditions of the roadways and pathways prior to acceptance of plans for building
plan check.
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 6.6020, you will be legally barred from
later challenging such exactions.
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