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HomeMy WebLinkAbout26-24RESOLUTION 26-24 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS GRANTING A CONDITIONAL CERTIFICATE OF COMPLIANCE (LANDS OF ROBERTS; FILE #CC23-0001) WHEREAS, Brian and Rozita Roberts ("Owner") owns the property commonly known as 27360 Elena Road, Los Altos Hills, California (APN 182-04-089) ("Property"); WHEREAS, on August 10, 2023, the Owner submitted an application for a Certificate of Compliance to the Townof Los AltosHillsrequesting a -determination under -the -Subdivision -Map Act; - - - WHEREAS, Government Code section 66499.35 (Subdivision Map Act) and Town's Subdivision Ordinance require the Town to issue a conditional certificate of compliance if the City Council determines that the real property does not comply with the provisions of the Subdivision Map Act and/or the Town's Subdivision Ordinance; WHEREAS, the issuance of a certificate of compliance or a conditional certificate of compliance is a ministerial act by state law, and issuance of said certificates does not otherwise grant any development entitlements or approvals for the subject Property; WHEREAS, as described in the accompanying staff report and the Town Surveyor's memo dated October 24, 2023, and based upon review of the deeds and other evidence submitted before the Town, the Property was not created in compliance with the provisions of the Subdivision Map Act and Town's Subdivision Ordinance, and as such a Conditional Certificate of Compliance would be issued for the Property pursuant to Government Code section 66499.35 and the Town's Subdivision Ordinance and subject to conditions that would have been applicable to the subdivision of the Property at the time the applicant acquired their ownership interest; WHEREAS, the California Environmental Quality Act (CEQA) does not apply to ministerial acts such as the issuance of a certificate of compliance for which the Town does not exercise discretionary approval; any future development project on the Property will be subject to separate environmental review at the time of application submittal. NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby approve and issue a Conditional Certificate of Compliance for APN 182-04-089 in Los Altos Hills, as shown attached hereto and incorporated herein as Exhibit A; and the City Engineer, Town Surveyor, and Community Development Director are hereby authorized and directed to execute the Conditional Certificate of Compliance and the City Cleric is hereby directed to record this Certificate in the Office of the County Recorder. The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 16th day of May 2024, by the following vote: AYES: Mok, Schmidt, Swan, NOES: None ABSENT: None ABSTAIN: None ATTEST: ika Birdsong -Miller, Ci Jerk Tankha, Tyson BY: r—'000—re ante . Mol -7,, Mayor Resolution 26-24 11 Regina Alcomendras RECORDING REQUESTED BY: Santa Clara County - Clerk -Recorder Town of Los Altos Hills 06/13/2024 03:59 PM WHEN RECORDED MAIL TO: Titles::1 Pages: 10 City Clerk Taxes: $029 00 Town of Los Altos Hills Total: $129.00 26379 Fremont -Rd. IIIIl� R, IPlit a�1M 1 k7l 14 l 5Ila0 ,1� I I II Los Altos Hills, CA 94022 TOWN OF LOS ALTOS HILLS CONDITIONAL CERTIFICATE OF COMPLIANCE {Sec. 66499.35 California Government Code} Owner: Affected Assessor's Parcel Number: Brian K. Roberts and Rozita Roberts, husband and wife, APN: 182-04-089 community property with right of survivorship 38 Sorrento Ct. Danville, CA 94526 This certificate is being issued for one (1) parcel: APN 182-04-089. {Government Code Section: 66499.35(f)(1)(C)) This certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and local ordinances enacted pursuant thereto. The parcel described herein may be sold, leased, or financed without further compliance with the Subdivision Map Act or any local ordinance enacted pursuant thereto. Development of the parcel may require issuance of a permit or permits, or other grant or grants of approval. {Government Code Section: 66499.35(f)(1)(E)) We hereby find, declare, and certify that the parcel comprised of APN 182-04-089, described in Exhibit "A" and shown in Exhibit "B", is in conformance with Section 66499.35 of the California Government Code and local ordinances enacted pursuant thereto. The documents necessary to accomplish the Conditional Certificate of Compliance are attached hereto, and consist of the following named documents: 1) This Certificate 2) Exhibit "A" — Legal description 3) Exhibit "B" — Plat to Accompany Legal Description 4) Exhibit "C" — Conditions to be fulfilled and implemented prior to subsequent issuance of a permit or other grant of approval for development of the property {Government Code Section: 66499.35(f)(1)(F)) This Certificate together with the legal description, plat, and conditions included herewith constitute the Conditional Certificate of Compliance approved by the Town of Los Altos Hills in compliance with Section 66499.35 of the California Government Code. Page 1 City Surveyor's Certificate 0 03 ZY Date ACKNOWLEDGMENT Anne -Sophie Truong, Acting City Surveyor LS 8998, Exp. 09/30/2025 v ANNE-SOPHIE TRUONG (P No. 8998 N A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of .��AN f4 ) On Otig , 2D before me, t t LaIA , !y &4 "l! U personally appeared-Jt'a_ ,',��j/�'� (?A'l.r�,.� , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a�esubscribed to the within instrument and acknowledged to me that /she/t4ey,executed the same in.4s/her/th4&4-r authorized capacity(ies), and that by#*/her/,theif-signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) s ° rti KATHY K. LAU Notary Public - California W m San Mateo County y z Commission # 2354084 MY COMM, moires May 7, 2025 Page 2 City Engineer's Certificate 6 Date ACKNOWLEDGMENT Woojae , Public Works Director/City Engineer RCE 59532, Exp. 12/31/2025 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of y)(�PA,) On tr JOh e 20'+ before me, �eKCV) V P—WV N&lRY )personally appeared W00jot, 1�-irn , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) KERN BRUSHER Notary Public • California Santa Clara County Commission M 2478720 My Comm. Exairos Jan 6, 2028 q�mw Page 3 Community Development Director's Certificate The Town of Los Altos Hills approves this Certificate of Compliance subject to the conditions included herewith as Exhibit "C". Date dle Community Development Director ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ilei pzek— On �- JUh-f 2,02 -Lf before me, kMth 8RPlbMe- , 'NJIMP.%T P084'(, personally appeared `6" DLey�un-e-5 \jor�p° n , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. KERENM—R Y Notary ?ublic • CaHfornla Santa Clara County Commission 2474720 My Corr.. Eni'®s Jan 6, 2028 Signature (Seal) Page 4 29230.010.13 4/23/2024 Page I of'3 EXHIBIT "A" LEGAL DESCRIPTION FOR CERTIFICATE OF COMPLIANCE LANDS OF ROBERTS 27360 ELENA ROAD ALL THAT CERTAIN REAL PROPERTY SITUATED IN TIIE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING THE LANDS OF ROBERTS AS DESCRIBED IN DOCUMENT NUMBER 21726228, SANTA CLARA COUNTY RECORDS, SAID LANDS BEING A PORTION OF LOT 42 AS SHOWN ON THE "MAP OF THE SUBDIVISION OF LOT 2 AND PART OF LOT 1 OF THE TAAFFE PARTITION", RECORDED JUNE 25, 1894 IN BOOK H OF MAPS, AT PAGE 76, SANTA CLARA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: BEGINNING AT TIIE EASTERLY CORNER OF PARCEL 2 AS SHOWN ON PARCEL MAP RECORDED OCTOBER 12, 1972 IN BOOK 310 OF MAPS AT PAGE 22, SANTA CLARA COUNTY RECORDS, SAID CORNER BEING COMMON TO THE WESTERLY CORNER OF SAID LOT 42; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 42 NORTH 41°05'00" EAST, 165.18 FEET, TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF CALIFORNIA INTERSTATE 280 AS DESCRIBED IN THE DEED FILED FOR RECORD MAY 29, 1962 IN BOOK 5592, PAGE 230, SANTA CLARA COUNTY RECORDS; THENCE ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE TIIE FOLLOWING THREE (3) COURSES: 1. SOUTH 42011'21" EAST, 159.82 FEET; 2. SOUTH 38011'07" EAST, 200.49 FEET; 3. SOUTH 43005'49" EAST, 40.51 FEET, TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 42; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 4105'00" WEST, 105.02 FEET, TO THE SOUTIIERL,Y CORNER OF SAID LOT 42; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 42, COMMON TO TIIE NORTHEASTERLY LINE OF LOTS 3 AND 4 AS SHOWN ON TRAGI, NO. 6763, RECORDED MAY 28, 1980 IN BOOK 463 OF MAPS, AT PAGE 54 THROUGH 55, SANTA CLARA COUNTY RECORDS, NORTH 48055'00" WEST, 396.00 FEET, TO THE POINT OF BEGINNING. THE SOUTHWESTERLY LINE OF LOT 42 AS SHOWN ON THE "MAP OF THE SUBDIVISION OF LOT 2 AND PART OF LOT I OF THE TAAFFE PARTITION", RECORDED JUNE 25, 1894 IN BOOK B, AT PAGE 76, SANTA CLARA COUNTY RECORDS, HAVING A BEARING OF NORTH 48°55'00" WEST IS TAKEN AS TIIE BASIS OF BEARINGS OF THIS DESCRIPTION. CONTAINING 1.25 ACRES, MORE OR LESS P:\29230\SRV\Mapping\Plats and Desc\Desc\29230 - LANDS OF ROBERTS.doc END OF DESCRIPTION PREPARED BY: IANUCE CDONALD %LICE LAND SURVEYOR NO. 8817 STATE OF CALIFORNIA LAND MAC sG�G 2 0 Q No.8817 D �' 0 Ofi CA1-1 N MACKAY & zamidemlps CIVIL ENGINEERINGeLAND PLANNINGeLAND SURVEYING 5142 Frandn Drive Suite 6, Pleasanton, CA. 94588-3355 (925) 225-0690 Il:\29230NSRV\Mapping\Plats and Desc\Desc\29230 - LANDS OF ROBI RTS.doc 2.9230.010.P 4/23/2024 Page 2 of*3 4/23/2,4 DATE EXHIBIT 'B" PACE J OP J ------ --------------------------------------- -------------- ------- -------------------- 4342.RST. (R -1) (R - 'I) 5592 on I t' � Q 0 (842°33'3911E 230 U I (S42004114"E 41 U1 637.14') (02 I (841 °09'46"E I 3$.24') (02) (R-1 ) ) I 168.00')(D2 (837°09'32 S43°05'49"E 200-49"') i S42°11'21 "E 838°1y'0;' "(D2) I (842°04'14"E (R431) 159.82' 07 E 399086')(D2) LANDS OF ROBERTS S4 Q5 49"E LANDS Or AMARNATH d ° (�� �1) DOC. NO. 21726228 a — -40.51 ' 4 .I � � A PAPANI � „= Lo APN 182-04-089 - Cl Q (R-1) DOC N0, 25191913 �' 1 .25± AC o T L��NDs or Wr-r �-r Rs APN 182-04-088 � v 0 � � DOC N0. 22229528 (N48°55' 00"W 396.00') (R-1) (D1) APN 182-0�.-010 - - 7- POB \ TRACT 6763 I 463 M 54 2 PARCEL 2 4 \ 3 / 310 M 22 I_.ANDs OF sAI TZAR \ LANDs 0r IGtBAL / DOC NO. 16167 41 DOC NO. 21133821 APN 182-04-077 \ APN 182-04-076 / BASIS OF BEARINGS THE BEARING NORTH 48'55'00" WEST, FROM 0 50 100 200 THE SOUTHWESTERLY LINE OF LOT 42 AS M`09 1 SHOWN ON (R-1) WAS TAKEN AS THE BASIS SCALE:1 "=100' OF BEARINGS FOR THIS PLAT. LEGEND BOUNDARY OF DESCRIPTION — — — EXISTING PARCEL ------------------- HISTORICAL LOT LINE DOC. NO. DOCUMENT NUMBER POB POINT OF BEGINNING (Dl) 1924 O.R. 454 (1950) (D2) 5592 O.R. 230 (1962) (R-1) MAP OF THE SUBDIVISION OF LOT 2 AND PART OF LOT 1 OF THE TAAFFE PARTITION OF THE RANCHO LA PURISSMA CONCEPTION, BOOK H, PAGE 76, SANTA CLARA COUNTY O.R. OFFICIAL RECORDS OF SANTA CLARA COUNTY p— ANGLE POINT ( ) RECORD DATA 04-22-2024 1:20pm Leonordo Martinez P:\29230\SRV\MAPPING\PLATS AND DESC\PLATS\29 PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR CERTIFICATE OF COMPLIANCE LANDS OF ROBERTS DOC, NO. 21726228 27360 ELENA ROAD, LOS ALTOS HILLS, CALIFORNIA M Almlff & Sm 0 M P S ENGINEERS PLANNERS SURVEYORS 51428 FRANKLIN DR, PLEASANTON, CA 94588 (925)225-0690 DRAWN DATE SCALE JOB NO. LL APRIL 2024 1 "=100' 29230.O10.P 0 — LANDS OF RODERTS.DWG Exhibit "C" — Conditions to be fulfilled and implemented prior to subsequent issuance of a permit or other grant of approval for development of the property {Government Code Section: 66499.35(f)(1)(F)} 1. The approval of the Conditional Certificate of Compliance for APN 182-04-089 is valid for a period of one year. Failure to record the Certificate of Compliance with the Santa Clara County Recorder within that one-year time period shall result in the expiration of the Certificate of Compliance on April 30, 2025. 2. Payment of park and recreation dedication fees, pathway fee and all other applicable fees shall be required prior to issuance of a building permit. The park and recreation dedication fees shall be provided in accordance with Sections 9.1.1403 and 9.1.1404 of the Los Altos Hills Municipal Code. 3. The lot shall be connected to the public water system to the satisfaction of the City Engineer and the Purissima Hills Water District. Services shall be installed to the property lines or be bonded for prior to issuance of a building permit. An encroachment permit shall be required to be issued by the Public Works Department for all work proposed within the public right of way. Any necessary fees shall be paid prior to issuance of a building permit. 4. Any, and all, wells on the property shall be properly registered with Santa Clara Valley Water District (SCVWD), and shall be abandoned, capped in accordance with the SCVWD standards prior to issuance of a building permit. 5. All existing and proposed utilities that serve the lot shall be placed underground, in accordance with Subdivision Ordinance, Sec. 9-1.1105. Cable television, gas, electric, and telephone services, to the property lines are included in this requirement. Plans for the location of all such utilities are to be included in the improvement plans prior to issuance of a building permit. 6. The lot shall be connected to the public sanitary sewer system to the satisfaction of the City Engineer. Where sanitary sewers are available, laterals shall be provided to each lot in a manner acceptable to the City Engineer, so as to prevent the disruption or accelerated deterioration to other improvements. When individual sewage disposal facilities are required, the Santa Clara County Health Officer shall make his or her recommendations, in accordance with Chapter 4, Title 6, of the Los Altos Hills Municipal Code. Connection to the public sanitary sewer system or individual sewage disposal facilities shall be complete prior to issuance of a building permit. 7. No approval of any development is indicated by approval of the Conditional Certificate of Compliance. Site Development applications are required for any new residence and shall be submitted to the Community Development Department for review and compliance with Title 10 Zoning and Site Development of the Los Altos Hills, Municipal Code. Any necessary planning entitlements including but not limited to Zoning Permit, Site Development Permit, Variance, or Grading Policy Exception shall be obtained prior to issuance of a building permit. 8. The lot shall provide and maintain sufficient vehicle ingress/egress to the satisfaction of the City Engineer, Santa Clara County Fire Department, and Site Development Authority. Driveways shall be designed and constructed to provide adequate sight distances; to allow for emergency access; to be unobtrusive from off-site; to limit the removal of trees and environmental damage; and to N ensure that while minimizing impermeable surfacing, sufficient off-street parking is provided on each site to meet the needs of the occupants, their guests, and service vehicles. Driveways shall be reviewed for compliance with Article 11, Title 10, of the Los Altos Municipal Code prior to issuance of a building permit. 9. Development of the property shall comply with California Fire Code (CFC), 2010 edition, as adopted by the Town of Los Altos Hills, and Santa Clara County Fire Department's Specifications. The following shall be reviewed and approved by the Santa Clara County Fire Department prior to issuance of a building permit: • Review of this proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations, and shall not be construed as a substitute forformal plan reviewto determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits. • Wildland-Urban Interface: This property is located within the designated Wildland- Urban Interface Fire Area. The building construction shall comply with the provisions of California Building Code (CBC) Chapter 7A. Note that vegetation clearance shall be in compliance with CBC Section 701A.3.2.4 prior to project final approval. Check with the Planning Department for related landscape plan requirements. • Fire Apparatus (Engine) Access Roadway: An access roadway with a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 42 feet outside, and a maximum slope of 15%. Surface shall be capable of supporting 75K pounds. Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503. Note: A roadway serves 3 or more parcels. • Fire Apparatus (Engine) Access Driveway: An access driveway shall be provided having an all-weather surface of either asphalt, concrete or other engineered surface capable of supporting 75,000 pounds and approved by a civil engineer. It shall have a minimum unobstructed width of 14 feet, vertical clearance of 13 feet 6 inches, minimum turning radius of 40 feet outside, and a maximum slope of 15%. Installations shall conform to Fire Department Standard Details and Specifications sheet D-1. Note: A driveway serves 2 or fewer parcels. • Fire Department (Engine) Driveway Turnaround: An approved fire department engine driveway turnaround with a minimum radius of 40 feet outside for driveways in excess of 150 feet. Maximum grade in any direction shall be a maximum of 5%. Installations shall conform with Fire Department Standard Details and Specifications D-1. CFC Sec. 503 Driving surface shall be capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds (34050 kg). • Fire Hydrant System: Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, onsite fire hydrants and mains shall be provided where required by the fire code official. Exception: For Group R-3 and Group U occupancies, equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 600 feet [CFC, Section 507.5.1]. Emergency Gate/Access Gate Requirements: Gate installations shall conform with Fire Department Standard Details and Specification G-1 and, when open shall not obstruct any portion of the required 12' width for emergency access roadways or driveways. Locks, if provided, shall be fire department approved prior to installation. Gates across the emergency access roadways shall be equipped with an approved access devices. If the gates are operated electrically, an approved Knox key switch shall be installed; if they are operated manually, then an approved Knox padlock shall be installed. Knox switch will be provided. Address identification: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained [CFC Sec. 505.1]. 10. 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. � j � ,�ti !, , V �.i • � !° P �� 4 .r .. J ^�l,") e..j ti a < , n' `. ..