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HomeMy WebLinkAbout5.1 Z �! Town of Los Altos Hills January 8, 2004 Staff Report to the Planning Commission RE: TOWN REQUIREMENTS FOR SELLING PROPERTY IN PORTOLA VALLEY. FROM: Angelica Herrera Olivera, Assistant Planner Oft. APPROVED BY: Carl Cahill, Planning Director C,C. RECOMMENDATION That the Planning Commission: 1. Review the attached Ordinance No. 1970-100, Residential Data Report, and accompanying literature. BACKGROUND On November 13, 2003, the Planning Commission reviewed and approved an application for a Site Development Permit to legalize an existing nonconforming pool patio and hardscape improvements and Variances to exceed the MDA and to encroach into the 30-foot side yard setback. During the Commission's discussion, staff was asked whether real estate agents were required to research property microfiche records and provide proof of permits or disclosure statements to prospective sellers. jStaff queried several Towns similar to Los Altos Hills and found that the Town of Portola Valley has an ordinance that requires a property owner or authorized representative to obtain from the City a report of the residential building record showing the regularly authorized use, occupancy, and zoning classification of the property, prior to entering into an agreement of sale or exchange of any residential building. The intent of the ordinance is to protect the unwary buyer of residential property against undisclosed restrictions on the use of the property. The property owner or his authorized agent submit an application and fee to the City and the City provides a report containing all available information regarding the residential building record, valid for a period not to exceed six months from the date of issuance. The property owner or authorized representative is responsible for the delivery of the report to the buyer or transferee of the residential building prior to the sale or exchange. The buyer or transferee executes a receipt, provided by the City, and returns the receipt to the City as evidence of compliance with the provisions of the ordinance. Staff is available to answer any questions that the Commission or the public may have. ATTACHMENTS 1. Ordinance No. 1970-100; An Ordinance of the Town of Portola Valley Relating to Reports of Residential Building Records (4 pages); 2. Town of Portola.Valley Residential Data Report dated December 16, 2003 (4 pages); 3. Printout of the Town of Portola Valley's Website on Town Requirements for Selling Property in Portola Valley(1 page). Dec 01 03 05: 30p TOWN OF P. V. 850-851-4877 P. 2 AMA CHMEW ORDINANCE NO. 1970- 100 AN ORDINANCE OF THE TOWN OF PORTOLA VALLEY RELATING TO REPORTS OF RESIDENTIAL BUILDING RECORDS The Council of the Town of Portola Valley does ordain as follows: Section 1. Intent. Pursuant to Article 6.5 (commencing with Section 38780), Chapter 10, Part 2, Division 3, Title 4 of the Govern- ment Code of the State of California, It is the Intent of the Council to assure that the grantee of a residential building within the City is furnished a report of matters of City record pertaining to the author- ized use, occupancy and zoning classification of real property prior to sale or exchange. It is the further intent to protect the unwary buyer of residential property against undisclosed restrictions on the use of the property. Section 2. Definitions. (a) "Owner" shall mean any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property. (b) "Residential building" shall mean any improved real property designed or permitted to be used for dwelling purposes, situated in the City, and shall include the building or struc- tures located on said improved real property. (c) "Agreement of sale" shall mean any agreement or written instrument which provides that title to any property shall thereafter be transferred from one owner to another owner. Section 3. Report Required. Prior to entering into an agreement of sale or exchange of any residential building, the owner or his Dec 01 03 05: 30p TOWN OF P. V. 650-851 -4677 p. 3 authorized representative shall obtain from the City a report of the residential building record showing the regularly authorized use, occupancy, and zoning classification of such property. Said report shall be valid for a period not to exceed six 6 months from date of issue. Section 4. Application. Upon application of the owner or his authorized agent and the payment to the City of a fee of Fifteen Dollars (05.00), the Building Inspector shall review pertinent City records and deliver to the applicant a report of residential building records which shall contain the following information insofar as it is available: (a) The street address and legal description of subject property; (b) The zone classification and authorized :use as set forth in this Code; (c) The occupancy as indicated and established by permits of record; (d) Variances, conditional use permits, e_,cceptions, and other pertinent legislative acts of record; and (e) Any special restriction:, in use or development which may apply to the subject: property, Section 5. Delivery of Report. The report of residential building record shall be delivered by the owner, or "he authori7ed designated representative of the oviner to the buyer or transferee of the residen- tial building prior to the consummation of the sale or exchange. The buyer or transferee shall execute a receipt therefor as furnished by the City and said receipt shall be de levered to the Building Inspector -2- r. Dec 01 03 05: 30p TOWN OF P. V. 650-851-4877 p- 4 as evidence of compliance with the provisions of this ordinance. Section 6. Exceptions. The provisions of this ordinance shall not apply to the first sale of a residential building located in a subdivision whose final map has been approved and recorded in accord- ance with the Subdivision Map Act not more than two years prior to the first sale. Section 7. Penalties. (a) Any person, firm or corporation violating any of the provisions of thisordinanceshall be deemed guilty of a mis- demeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any. of the provisions of this ordinance is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $500, or by imprisonment for not more than 180 days, or by both such fine and imprisonment. (b) No sale or exchange of residential property shall be invalidated solely because of the failure of any person to comply with any provisions of this ordinance unless such failure is an act or omission which would be a valid ground for rescission of such sale or exchange in the absence of this ordinance. Section 8. Separability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent juris- diction, such decision shall not affect the validity of the remaining portions of the ordinance. The Council of the Town of Fortola Valley hereby declares that it would have passed this ordinance and each -3- Dec 01 03 05: 30p TOWN OF P. V. 650-851-4677 p. 5 I section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sen- tences, clauses or phrases hereof be declared invalid or unconstitu- tional. Section 9. Posting and Effective Date. This ordinance shall be posted in three public places within the Town of Portola Valley and shall become effective thirty (30) days after the date of its adoption. r Mayor ATTEST: Clerk of the Town of Portola Valley (SEAL) I, the undersigned, hereby certify that the foregoing is a full, true and correct copy of Ordinance No. 1970- fUv of the Town of Portola Valley, entitled as shown thereon; that it was INTRODUCED on the day of 1970, and PASSED and ADOPTED as an Ordinance of the Town of Portola Valley by the Council of said Town on the lit day of 1970, by the following vote: AYES, and in favor thereof, Councilmen: Anderson, Boushey, Brown, Halsted and Hiester NOES, Councilmen: None ABSENT, Councilmen: None That it was posted.in three public places in the Town of Portola Valley on 1970- Dated- .�. i e`f 1970• Town Clerk -4- Dec 16 03 12: 16p TOWN OF P. V. 650-851-4677 p. 2 ATTACHMEW g- 1 RORyo`� 0 ° y Residential Data Reptd ort r4 . . (Prepared in accordance with Ordinance 1970-100) cA�rro���A Report No. 1203077252060 12/16/2003 518 Cresta Vista Lane APN#: 077-252-060 Property Owner: Mr Kirk&Mary Ann Raab Property Address: 518 Cresta Vista Lane PropertyDescription: 2.591 ac mol in cor of Cervantes rd&Cresta Vista Lane ptn of Lots 40& 41 Westridge sub no 2 RSM 28/37 38 39 40 Zoning District: R E/2.5 R-E/2.5/SD-2.5 (Residential-Estate/2.5 acre minimum lot size/Slope Density Table 2.5). Uses allowed are Single Family Residential Dwellings with applicable accessory structures and such conditional uses as are outlined in the Town's current Zoning Ordinance. Regulations: Animal Control and Vehicle Screening regulations are attached, as well as Design Guideline Booklet and other information. Easements On Record: Refer to current title report. Record of Legislative Action: There have been 15 legislative actions. See below. Date Activity Description Issued To 3/31/1961 Building Permit:A-50001 Addition to Residence Carey Final 6/19/61 6/22/1961 Building Permit:A-50484 Addition to Residence Carey Final 7/12/61 2/17/1964 Building Permit:A-5361 Addition to Residence Carey No Final on Record 4/27/1966 Building Permit:A-101 15 Alteration to Residence Carey Final 5110/66 5/18/1989 Building Permit:A-4104 Demo Carport,Chimney,Patio Slab Carey Final 11/14/89 5/25/1989 Building Permit:A-4108 Addition to Residence Carey Final 6/19/91 11/13/1989 Encroachment Permit:EP-1023 finaled 8/25/90 PG&E 11/22/1989 Building Permit:A-4232 ReRoof Carey Final 5/4/90 11/28/1989 Stop Work Order:SWO-3150 Site Development Permit Required for Carey Excavation 4/9/1990 Building Permit:A-4288 Private Spa Carey Final 5/20/91 . 5/17/1990 Site Development Permit:X9H-273 see file Carey 7/12/1990 Encroachment Permit:EP-1052 finaled 5/20/91 Harold Gragg Tuesday,December 16,2003 Page 1 of 4 Dec 16 03 12: 16p TOWN OF P. V. 650-851 -4677 p. 3 12/23/1999 Building Permit:A-7013 Deck Replacement Scarff Permit Expired 3/20/01 1/9/2002 Building Permit:A-10651 2 Automatic Gates Raab Finaled 3/27/03 11/l/2002 Building Permit:A-I 1043 ReRoof Raab Finaled 12/20/02 Sanitary System: Septic System Flood Zone: According to the Town of Portola Valley Flood Hazard Boundary Map, the subject property is located within zone C.Refer to Town Hall for further information. Assessed Valuation: Land: $276,740 Improvements:$607,794 Per-prop:$0 Homeowners Association: Westridge Private deed restrictions are in affect. The Westridge Architectural Supervisory Committee(WASC), should be contacted prior to any exterior structural or site improvements. Please refer to your CC&R's for more information. There is an existing trail easment on your property. The subject trail must be kept free and clear of all plantings and structures. Roads and Scenic Corridors: Cresta Vista Lane is a public road. Required Setbacks and Heights in Feet (for this zoning district) Front Set Back: 50 Side Set Back: 20 Rear Set Back: 20 Heights: 28 Geotechnical Information: According to the Town of Portola Valley Movement Potential Map,this propery is located within the zones: 'Sbr'. Refer to Town Hall for further information. Please Note: FLOOR AREA AND IMPERVIOUS SURFACE LIMITATIONS ARE SPECIFIC TO THE SUBJECT SITE BASED UPON AVERAGE SLOPE, GEOLOGIC BOUNDARIES AND FLOOD BOUNDARIES. INFORMATION RELATING TO FLOOR AREA/IMPERVIOUS SURFACE SHOULD BE OBTAINED AT TOWN HALL PLANNING DEPARTMENT. Adjusted Maximum Floor Area and Impervious Surface limits for this property: Adjusted Maximum Floor Area(includes all structures on the lot): 7,408** Maximum Floor Area for the main residence and required covered parking: 6,297** Maximum Impervious Surface Coverage: 12,794 **you may add 5%if all structures maintain a height of less than 18 feet Please contact Town Hall for further information Schools and Utilities: Schools: Elementary: Portola Valley School District Office: 4575 Alpine Road,Portola Valley (650) 851-1777 High School: Sequoia Union High School District Office: 480 James Avenue,Redwood City (650)369-1412 Tuesday,December 16,2003 Page 2 of 4 Dec 16 03 12: 16p TOWN OF P. V. 650-851-4677 p. 4 Utilities and Services: California Water Service Company (650)367-6800 GreenWaste Recovery, Inc (650)568-9900 SBC (800)310-2355 Pacific Gas Electric Company (800) 743-5000 West Bay Sanitary District (650)321-0384 COMCAST (650)551-7300 PLEASE NOTE 1.Horsekeeping Permits(if applicable)are NON-TRANSFERABLE. Contact Carol Borck at Town Hall for information regarding horsekeeping and stable maintenance. 2_Any changes to the electric system in a residence may require undergrounding of the power lines. Contact the Building Department for further information. 3.Driveway resurfacing policy. Surfacing requirements for all private driveways from edge of street to property line shall be as follows: -Asphaltic concrete(unsealed) -Concrete with heavy broom finish -Other materials of equivalent non-slip quality if acceptable to the Public Works Director and Trails Committee -All trail easements crossing driveways shall be non-slip surfaces to the satisfaction of the Public Works Director and Trails Committee 4.Encroachment Permits. Required for any encroachment into public right-of-way. Contact the Public Works Director for further information. 5. Site Development Permits. Required for certain amounts of excavation, fill or removal of vegetation. If grading is contemplated,Town Hall should be contacted prior to the commencement of any work. 6.Actions taken on this property over the years is available for review in the parcel file at Town Hall. Not all issues are reflected in this document and issues may not be inclusive. Attachments: Tuesday,December 16,2003 . Page 3 of 4 Dec 16 03 12: 17p TOWN OF P. V. 650-851-4677 P. 5 Enclosed with this Residential Data Report are the following Town of Portola Valley handouts (if applicable to this property): -Assessor's Map P'age -Septic Tank Systems-prepared by San Mateo County Environmental Health -Slope Density Table No. I from the Town of Portola Valley Municipal Code -Town of Portola Valley Movement Potential Legend -Vehicle Screening Requirements -Town of Portola Valley Design Guidelines booklet -Homeowners Association information -Ordinance relating to Second Units -Stabling and Maintenance of Horses Regulations -Woodside Fire Protection District handout regarding fire safety -Portola Valley Trails Committee handout regarding trail easements -Excerpt from San Mateo County Ordinance regarding Animal'Control ....................0..........................I.......................................... .......... Date of Preparation: Tuesday,December 16,2003 (Report is valid for six(6)months from the date of preparation) Report Prepared by: Carol Borck,Planning Technician Report Requested by: Mr Kirk&Mary Ann Raab Date of Receipt: 12/16/2003 Receipt No: ................... ...... ...... ........ ...... ............. Tuesday,December 16,2003 Page 4 of 4 Town of Portola Valley ATTACHMENTg page 1 of 1 w* 4 A r".'tea-`- fir O v'"j'y�,' ..,�.� •.,awz.,c[z,. � k„+ .'.` `�:�'�3 f,` ,�„` � , '1&r���"'' � �+ �� '� ;e� ��' r `u• ti"� € A°.w. .",�'5 •�� *}�� r'M tv$�`a'.,r�?_^ya F.rs`'G 7k '"�'r9 .� �:� '/ n� V , ? i a'+' �; `.",�t... .,Yw*ww a;..,;.,,, '"%r r. `S•r 4 +4 "Kill ,r�,s �sw'✓f � 1 } x ,� Ccmmt�r i 1lolunieer i3ti�lding, 'i nntng b Tovm Ceatier Tovm 6oUt ` • ,,� )�tese�s � Oppor�untire� �, &�rrgrneenn� , Res�urees ��G:3ver�rinent � P4ftola Valle �� Search I Site Map I Help Building, Planning,& Engineering Town Requirements for Selling Property in Portola Valley Building&Planning Forms and Handouts RESIDENTIAL DATA REPORTS •Building Permit FAQs Ordinance 1970-100 established intent of the Town Council to assure that prior to •Planning FAQs entering into an agreement of sale or exchange of any residential building,the owner or his authorized representative shall obtain from the Town a report of residential building •Public Works record showing the regularly authorized use,occupancy,and zoning classification of such property. It is the further intent to protect the unwary buyer of residential property against •Town Requirements undisclosed restrictions on the use of the property. for Selling Property Upon receipt of the$100.00 fee the planning staff shall review pertinent town records and deliver to the applicant a report of residential building records,which shall contain: • Street address and legal description of subject property; • Zoning classification and authorized use as set forth in the municipal code; • The occupancy as indicated and established by permits of record; • Variances, Conditional Use Permits, Exceptions,and other pertinent legislative acts of record; and • Any Special restrictions in use or development which may apply to the subject property. The report shall be valid for a period not to exceed six months from date of issue. The applicant may request that staff provide the allowed adjusted maximum floor area and adjusted impervious surface area calculations for the subject property.The charge for preparation of the allowed property numbers is$100.00. The applicant is provided with the above subject information, as well as the Town's Design Guidelines and other pertinent handouts on planning and building issues. Please stop by the Town Hall to complete a request for a Residential Data Report. For questions, please contact Planning Technician Carol Borck at(650) 851-1700 ext. 11. Home I Community Resources I Volunteer Opportunities I Building, Planning&Engineering Town Center Resources I Town Government I About Portola Valley I Site Map I Help Copyright©2003 Town of Portola Valley disclaimer credits http://www.portolavalley.net/building/bpe_selling_prop.shtml 12/17/2003