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HomeMy WebLinkAbout03/18/1992 (2) Minutes of a Regular Meeting (I►. March 18, 1992 Town of Los Altos Hills City Council Meeting Wednesday, March 18, 7:15 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER,ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Hubbard called the Regular Meeting of the City Council to order at 7:20 p.m. in the Council Chambers at Town Hall. Present: Mayor Hubbard and Councilmembers Casey, Johnson, Siegel and Tryon Absent: None Staff: City Manager Les M. Jones II; City Attorney, Sandy Sloan: Town Planner, Linda Niles; Director of Public Works Jeff Peterson and City Clerk Pat Dowd Press: None 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT Commissioner Cheng reported that in addition to the items on the Council's Consent Calendar, the request to establish a conditional use permit for a cellular telephone "Cell Site" facility operating as a public entity and a site development permit for a pool house and decking for Lands of Flack at 13070 Alta Lane South was denied by a 5-2 vote and the hearing on Lands of Io was continued as the applicant was not present. Commissioner Jones noted that the two votes cast against the denial of the Flack project did not reflect approval of the project but rather their belief that more information was needed on the item. 3.1 Planning Commission request for Council to direct staff to contact public utilities that own lots in Los Altos Hills to ask if they would be receptive to considering allowing cellular telephone "cell sites" to locate on their property {{� March 18, 1992 V Regular Meeting 1 MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard kir and passed unanimously not to direct staff to contact public utilities that own lots in Los Altos Hills to ask if they would be receptive to considering allowing cellular telephone "cell sites" to locate on their property and to direct staff to prepare a policy statement on this issue referencing the sensitivity of neighborhoods and neighborhood concerns. 3.2 Planning Commission support of Joint Meeting but request for separate meeting time on the 5th Wednesday of April PASSED BY CONSENSUS: To schedule the Joint Meeting of the City Council and Planning Commission for Wednesday, April 29th and to ask the Planning Commission to submit a list of items of interest. 4. CONSENT CALENDAR Item Removed: 4.1 (Casey) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: March 4, 1992 4.2 Approved Warrants: $53,168.56 (2/28/92) $89,291.86 (3/6/92) 4.3 Considered Whether To Review the following Planning Commission Actions at Its Meeting on March 11, 1992: 4.3.a Lands of Baugh, 27230 Elena Road: request for a Site Development Permit for an Addition/Remodel 4.3b Lands of Lassen, 14840 Manuella Road: request for a Site Development Permit for an Addition/Remodel 4.3c Lands of Seeley, 27501 Black Mountain Road: request for a Site Development Permit for an Addition/Remodel and Pool House 4.4 Approved request from Bullis School to hold their Annual Father/Daughter Dance at Westwind Barn - April 29, 1992 March 18, 1992 Regular Meeting 2 Item Removed: 4.1 Approval of Minutes: March 4, 1992 Casey referred to page seven and stated that the reference to her comments should state that she believed a raise in the Council's salary could be justified and would be allowed by State Law but she also believed that the salary, whether it was $250 or $300, should include all expenses incurred. Tryon did not recall this statement as being accurate. She believed Casey stated that she supported a $300 increase or no increase at all. PASSED BY CONSENSUS: To continue the minutes of the March 4, 1992 City Council Meeting to the next meeting to allow time for the tape of the meeting to be listened to and to also include the following correction: page 5, second paragraph should read: "Tryon asked the applicants and their developer to work with the neighbors and also requested that they lower the pitch of the roof and extend the eaves." 5. PRESENTATIONS FROM THE FLOOR Shari Emling, 11853 Murietta Lane, referred to the candidate statement prepared by Councilmember Casey and stated that the following two statements were not true: I) initiated the 1989 resident survey and 2) had Council agendas published in the kir Town Crier. Mrs. Emling noted that she had friends who had worked on the survey in 1988 and she had a clipping from a 1984 Town Crier which listed Council agenda items. She believed these statements should not be made to the voters since they were not correct and she believed the statement should be corrected. Casey responded that she had been on the Council in 1989 when the consultant was brought on to do the survey and when she started her term of office in 1988 the agendas were not published in the Town Crier. The City Attorney noted that there was a ten-day period for examination by the public of candidate's statements. Any resident had until March 27th to file a writ of mandate with the court if they believed a candidate's statement should be corrected before going in the sample ballot. John Glathe, 13801 LaPaloma, commented on the Lands of Cheng on La Paloma and the tearing down of a barn and the approval of a tennis court and chain link fence. He believed this was an encroachment into the open space of LaPaloma. Dot Schreiner, Chairman - Pathways, Recreation and Parks Committee, noted that she was present at the Cheng Site Development Meeting and she believed the kir March 18, 1992 Regular Meeting 3 process needed to be changed. At the meeting there were representatives from the Environmental Design and Protection Committee, the Pathways, Recreation and Parks Committee and staff. She believed it would be better if the meetings on controversial projects, such as this one, were attended by a couple of Planning Commissioners. Mrs. Schreiner concurred with the suggestion that site development decisions be put on Planning Commission Agendas. This would enable everyone to be advised of actions taken at the site development meetings. 6. PUBLIC HEARINGS 6.1 Request for Approval of a Tentative Map for a Four-Lot Subdivision, Lands of Laub, 27210 Fremont Road The Town Planner and the Director of Public Works/City Engineer referred to their staff report dated 3/18/92 and commented on the following issues: conservation easement and continued planting of kiwi vines; repair of concrete riprap; public versus private road (the notation was made here that there were two adjacent lots that would like access; therefore, there was a total of 6 lots. Also referenced was the 2/15/89 road right-of-way policy); and improvements regarding bridge and roadway; Concerning the preservation of heritage oak trees at entrance to project, the Town Planner noted that according to the mitigated negative declaration for the project these trees needed to be preserved or, if they were damaged, replaced at a ratio of three to one. If not, an environmental impact report would be required. An arborist had submitted information that there was a good survival opportunity. It was noted that the Laubs wanted to stay in their house and keep the pool and decking and Condition #23 was referred to which would require an agreement to be recorded at the time of the sale of lot 3 or lot 4 and/or the issuance of building permits. In addition a bond would be required which would ensure that if the applicant did not remove the structures, the Town would. On the subject of the pathways, staff raised concerns about placement of the path on Fremont as they did not believe there was enough room there. Discussion took place on whether the path connecting the four lots went to the end of the property or the end of the cul-de-sac and staff noted that they understood it went to the end of the property. Mr. Laub, applicant, noted that they had lived in the Town for 19 years and strongly believed in the rural character of Los Altos Hills as was evidenced by their plantings of over 1,500 trees and kiwi vines. They had worked leer March 18, 1992 Regular Meeting 4 with the Town for over three years, had complied with the ordinances and had redesigned their project. They also had a five year plan to maintain the oak trees at the entrance to their property. Mr. Laub stated that they had 5.86 acres and were planning four lots and not the five which they could actually have. Pat Webb, representing applicant from Brian Kangas Foulk, presented a series of overheads and addressed the following issues: gently sloping property of approximately 13%; slope density calculations yielded 5 lots but they were planning for four; layout of lots; tree plantings; benching; saving of oak trees; bridge and road right-of-way. She also noted that the riparian vegetation would not be disturbed and there were no major geotechnical concerns. Ms. Webb believed it was redundant to require another path when Old Trace was so close. Concerning condition #14 she expressed concern about repairing the existing creek channel armoring along Fremont Road as they were unclear of the scope of this project. Ms. Webb noted that Barron Creek meandered in and out of the property and they had been working with the Santa Clara Valley Water District and the Department of Fish and Game for three years. A hydrology report had been prepared. The Laubs wanted to stay on in their home (on Lot 3) and continue their plantings. The structures on lot 2 would be moved when the lot was sold. Kent Mitchell, applicant's attorney, concurred with a bond being posted prior to recordation as was mentioned in Condition #23. He also referred to Code Section 9-1.712 on the issue of private roads and noted that the improvements to the creek had been done before the Laubs moved onto the property. As part of the creek improvements were in Palo Alto, Mr. Mitchell questioned what obligation his client had to put in off-site improvements. He believed they had none and this was a major imposition on the Laubs which was unfair and may be illegal. Dot Schreiner, Chairman - Pathways, Recreation and Parks Committee, commented on the path issue. Concerning Fremont she noted that this was a major road in the Town and she would like to see a path on both sides. Mrs. Schreiner also commented on an off-road easement along the new subdivision road accessing the Esther Clark Homesite. Old Trace had been dedicated by Eleanor Cameron at the time of her subdivision and Mrs. Schreiner did not think it was right for Old Trace to bear the burden of additional path users. In her opinion new subdividers should provide the paths. She recommended granting a strip that would be held in reserve. March 18, 1992 Regular Meeting 5 Carol Gottlieb, 24290 Summerhill, believed that the path from the subdivision kir to the Esther Clark Park was important. It was a good connector for the children from Palo Alto to Bullis School. She also urged Council not to make the mistake of accepting an easement now and then rejecting it. Joan Simon, 27075 Old Trace, expressed her concerns about a path at Fremont and Arastradero. She believed this would be dangerous. The path on their road, Old Trace, got one to Esther Clark Park and she did not believe the alternative being proposed was safe either. There was poor visibility and a drop in the road. Fred Hodge, Palo Alto, commented that he thought Fremont and Arastradero was a dangerous place for another path but that Old Trace worked well. He did not believe there was a need for another path. Mr. Hodge noted that he supported the proposed development. The creek situation just needed to be worked out. Elayne Dauber, 27930 Roble Alto, commented that part of the charm of the Town was the hidden surprise of off-street paths. Jack Simon, 27075 Old Trace, concurred with his wife's comments made earlier in the meeting and also addressed the safety issue. Old Trace was used by a lot of people using the path and there were no problems but he would be kir concerned about a path going between two properties for reasons of privacy and safety. Concerning landscaping, Mr. Simon noted that he would not like to see a structured placement of trees. He also asked if Council could minimize the sound impact (i.e. a fence) when lot 4 of the subdivision was under construction. Council discussed the issues raised by both staff and the applicant with particular emphasis on pathways, improvements to creek and public versus private road issue. Tryon noted that it was the Town's policy that roads be public not private and at one point the Town even went back and changed many of the Town's roads from private to public. Casey stated that she supported the Town's pathway system but could not support the path required in condition #5. She noted that the neighbors did not support this path raising issues of privacy and safety and the path on Old Trace was already in place. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed by the following roll call vote to accept the road as a public road. March 18, 1992 Regular Meeting 6 `r AYES: Mayor Pro Tern Tryon and Councilmembers Johnson and Siegel NOES: Mayor Hubbard and Councilmember Casey Council proceeded to specifically address each of the recommended conditions of approval for the Lands of Laub tentative. PASSED BY CONSENSUS: To concur with the following conditions as recommended by the Planning Commission for the Lands of Laub tentative map: 1, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 15, 18, 20, 22, 24 and 25. PASSED BY CONSENSUS (Johnson did not concur): To approve condition #2 as follows: A conservation easement for the protection of oak trees and slopes in excess of 30%, excluding the artificially benched area, shall be dedicated on Lots 2 and 3. No grading or structure of any kind is allowed within this easement. This dedication noting these restrictions shall be made in the Owner's Certificate on the Final Map. A separate document shall be utilized to record the Conservation Easement. PASSED BY CONSENSUS: To approve changing the name of the street from Ramon Lane to Ohlone Lane, noting the concurrence of the Town Historian to this change. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed by the following roll call vote to approve the following wording of condition #5: Ohlone Lane shall be offered for dedication as a public road and modified to accommodate the saving of four oak trees along Fremont Road. A pathway shall be constructed within the street right-of-way to be dedicated to the Town along Ohlone Road from Fremont Avenue to the eastern end of the cul-de-sac. A ten foot (10') pathway easement shall be dedicated to the Town, but not improved, from the Ohlone Road cul-de-sac to the eastern subdivision boundary running along the southern subdivision boundary. The Town will not accept this second pathway easement at this time. AYES: Mayor Hubbard and Councilmembers Johnson and Siegel NOES: Mayor Pro Tern Tryon and Councilmember Casey March 18, 1992 Regular Meeting 7 MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and passed unanimously to add Condition 6a) as follows: The applicant shall dedicate right of way for the rounding of the corner of Fremont Road and Arastradero Road in conformance with the Town Subdivsion Ordinance at 35' or 40' whichever matches the existing corner radius on the west side of Fremont Road. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously to amend condition #12 to read: Sewer stubs shall be provided for the 2 adjacent southerly properties at the south side of the public road, to the satisfaction of the City Engineer, if sewer connections are not already available to those lots. A sanitary sewer easement to accommodate these two properties shall be shown on the Final Map. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to approve the wording of Condition #14 as follows: The applicant shall repair the existing creek channel armoring on the subject site along Fremont Road to the satisfaction of the Santa Clara Valley Water District, the Department of Fish and Game and the Town of Los Altos Hills City Engineer. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to approve the wording of Condition #14a) as follows: The property owner shall repair the existing creek channel armoring on the subject site along Arastradero Road to the satisfaction of the Santa Clara Valley Water District (SCVWD), the Department of Fish and Game and the Town of Los Altos Hills City Engineer. If the SCVWD accepts the creek maintenance easement without requiring repair of the creek channel armoring, the applicant shall then be relieved of this condition. PASSED BY CONSENSUS: To delete condition #16 as recommended by the Planning Commission. PASSED BY CONSENSUS: to delete the words "or volume" in the first sentence of Condition #17. PASSED BY CONSENSUS: To delete the words "at 25' on center" from condition #19. PASSED BY CONSENSUS: To change the word "beyond" to "within" in condition #21. March 18, 1992 `r Regular Meeting 8 PASSED BY CONSENSUS: To change Condition 23 to read: All structures made non-conforming by the lot lines created by the subdivision shall be removed prior to recordation of the Final Map. Or an agreement shall be required to be recorded and a bond shall be required prior to recordation of the final map on Lot 3 and on Lot 4 requiring the removal of all structures made non-conforming by the lot lines created by this subdivision (such as, but not limited to the pool, deck, and pump house) prior to the earliest of the sale of either Lot 3, the sale of Lot 4, or the issuance of any building permit on Lot 4. Prior to the sale of either Lot 3 or the sale of Lot 4, a completion bond in the amount estimated to remove the nonconforming structures, and in favor of the Town is required to be submitted for the Town's review and approval. The Town shall be granted an access over both lots 3 and 4 for the express purpose of removing these structures should it become necessary for the Town to utilize the completion bond. PASSED BY CONSENSUS: To add condition #26 to read as follows: A Mitigation Monitoring and Reporting Program (MMRP) to include monitoring and reporting of mitigation measures set forth in the Certified Mitigated Negative Declaration is approved in conjunction with this subdivision approval. The form and content of the MMRP shall be submitted by the property owner for review and approval by the Town Planner and the City Engineer. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to approve a tentative map for a four-lot subdivision for Lands of Laub at 27210 Fremont Road subject to the conditions of approval recommended by the Planning Commission and amended by the City Council (attached as Exhibit A). 6.2 Review of Planning Commission's Approval of Request for a Site Development Permit for a New Residence and Swimming Pool, Lands of Liu, 26751 Almaden Court Bob Owen, applicant's developer, commented that this had been a difficult lot to work with and he hoped the stakes put on the property had helped. He noted that the roof had been flattened, the style of the house had been changed from formal to Mediterranean and part of the garage had been hidden underneath the house. He believed the project had worked out rather well. March 18, 1992 Regular Meeting 9 Siegel commented that he thought the house was too big for the lot; there was a hazardous area on the lot; and it was a highly visible project. He also believed that the issue of counting the basement areas should be addressed and Tryon responded that the planning sub-committee of the Council would be reviewing this issue. Johnson concurred with Siegel's comments. Tryon noted that she was concerned about projects that were pushed to the limits to the extent that a bay window could not even be added and Siegel commented on the fault line and parking issues. It was noted that the owner was aware of the possibility of very little, if any, additional development on this lot and the fault line and parking issues had been resolved. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Hubbard and passed by the following roll call vote to approve a site development permit for a new residence and swimming pool for Lands of Liu at 26751 Almaden Court. AYES: Mayor Hubbard and Councilmembers Casey and Tryon NOES: Councilmembers Johnson and Siegel Casey stated that the discussion on the Liu project clearly supported her item on the agenda for the appointment of a Council Sub-Committee on Architectural Control. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to go past the 11:30 p.m. hour of adjournment. 7. UNFINISHED BUSINESS 7.1 Request for Deferred Annexation Agreement, Lands of Adams, 24460 Summerhill Avenue The Town Planner referred to her staff report dated 3/18/92 which included the letter from Mr. Raffi Sarkisian, Manager of Current Planning at the County, in which he suggested that the the Town may entertain a deferred annexation agreement which would allow the Town to annex the property at such time as adjoining lands are annexed, thereby eliminating March 18, 1992 Regular Meeting 10 6 the concern of creating a county island surrounded by the Town. The staff qtr' report also included the recommendation that the Council support deferred annexation if they reaffirmed the decisions they made on this project at the February 5th Council Meeting as this would mean that the subdivision of the property could not take place as the Town standards require one acre net lots. The report noted that if Council supported the request for subdivision of the site into two one acre gross parcels, then annexation should be required immediately to ensure development on the property in conformance with the Town's regulations. Mark Costello, applicant, asked the Council to consider one of the following options: 1) allow one or both lots to be figured in gross rather than net acreage as was consistent with County regulations; 2) allow for two lots at 41,497 square feet each; or 3) allow one parcel at 43,560 square feet to be annexed to the Town and one lot at 39,435 square feet to remain in the County. He noted that options one and two would include a deferred annexation agreement as was recommended by Raffi Sarkisian. Carol Gottlieb, 24290 Summerhill, commented that a lot of work had been done on the Adams property and she hoped it had been done with permit. Mrs. Gottlieb expressed her concerns about the ditch, berm and fill on the property. Mark Costello, applicant, stated that everything he had done on the property had been done with the County's knowledge and he believed he had made it better for his neighbors. Council discussed the pros and cons of having this property develop in the Town or in the County. Technically the property did not have enough acreage for two lots as the Town used net acreage not gross acreage to determine lots. Siegel believed the development would be better under the Town regulations rather than the County and suggested the possibility of annexing the property to the Town with one lot one acre according to Town rules and the other lot granted a variance by the Town for development with a limitation on the size of the house. Johnson stressed that the Town could not create lots of less than one acre. The issue of the Town's one-acre zoning was discussed and strongly upheld. Elayne Dauber, 27930 Roble Alto, commented that all development in the Town seemed to be pushing the limits and now Council seemed to be giving leeway to the rules themselves. She did not believe the controls were working anyway as most lots seemed to be building out all the way. She believed Council should take a stand on the issue. March 18, 1992 Regular Meeting 11 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously to appoint Johnson and Siegel to a sub- committee of the Council to meet with Supervisor Dianne McKenna to discuss all development alternatives for this property whether in the Town or the County and to request the Mayor to send a letter to Raffi Sarkisian advising him of the formation of this sub-committee and meeting with Supervisor McKenna. 7.2 Ordinance # Changing Time of Council Meetings (SECOND READING) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and passed unanimously to waive further reading of the ordinance. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and passed unanimously to adopt Ordinance #350 regarding meetings. 8. NEW BUSINESS 8.1 Review of Draft Request for Proposal (RFP) for Preparation of a Town of Los Altos Hills Handbook of Residential Design Guidelines PASSED BY CONSENSUS: To continue this item to the next Council Meeting. 8.2 Review of Standard Conditions of Approval for Site Development Projects PASSED BY CONSENSUS: To continue this item to the next Council Meeting. 8.3 Consideration of a Policy Regarding Extension Requests on Site Development Approvals PASSED BY CONSENSUS: To continue this item to the next Council Meeting. 9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 9.1 Community Relations Committee 9.1.1 Request for a Financial Contribution of $1,500 for the "S'Bring In The Hills" Event t March 18, 1992 �r Regular Meeting 12 MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to approve the request from the Community Relations Committee for a financial contribution of $1,500 for the "S'Bring In The Hills" Event. 10. STAFF REPORTS 10.1 City Manager 10.2 City Attorney 10.3 City Clerk 10.3a Report on Council Correspondence PASSED BY CONSENSUS: To continue this item to the next Council Meeting. 11. COUNCIL-INITIATED ITEMS 11.1 Request for Appointment of a Council Sub-Committee on Architectural Control (Councilmember Casey) PASSED BY CONSENSUS: To continue this item to the next Council Meeting. 11.2 Horsemens' Association and Little League Tryon asked the City Manager to look into the possible conflict between the Horsemens' Association and the Little League's use of the parking facilities on Purissima on April 26th. 11.3 Comments Made by Shari Emling on Councilmember Casey's Candidate Statement Tryon wanted to go on the record in response to the issue raised by Shari Emling earlier in the meeting. Tryon did not believe that anyone should support a false statement being sent to the Town's voters and she believed the Town should take action. Siegel stated that Tryon should ask that this be put on the agenda as an urgency item since she did not just want to discuss this but rather she wanted Council to take action. tirair March 18, 1992 Regular Meeting 13 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel IPS and passed by the following roll call vote to add comments made by Shari Emling on Councilmember Casey's candidate statement and request for Council to take action to the agenda as an urgency item. AYES; Mayor Hubbard and Councilmembers Johnson, Siegel and Tryon NOES: None ABSENT: None ABSTAIN: Councilmember Casey Tryon referred to the Elections Code which states that a candidate's statement cannot be false or misleading. Tryon believed both the statements made in Councilmember Casey's candidate's statement concerning the survey and the agendas in the Town Crier were false and misleading. Tryon referenced the minutes of the March 1988 Council Meeting at which bids for the survey were discussed. Casey reiterated her statement made earlier in the meeting that she had been on the Council in 1989 when the consultant was brought on to do the survey and when she started her term of office in 1988 the agendas were not published in the Town Crier. The statements made in her candidate's statement were true. Siegel believed it was inappropriate for the Council to deal with this and thought these issues could best be dealt with in the candidates' campaigns. In his opinion it was a candidate issue, not a Council issue. Siegel also believed everyone should focus on the important issues and try to keep the campaign at a high level. Hubbard believed action should be taken if there was a significant issue such as a danger imposed to the Town. However, he believed this was more in the area of the political arena. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 12:05 a.m. to an Adjourned Regular Meeting at 6:30 p.m. on Wednesday, April 1, 1992. Respectful submitted, Patricia Dowd City Clerk The minutes of the March 18, 1992 Regular City Council Meeting were approved at the April 1, 1992 City Council Meeting. March 18, 1992 Regular Meeting 14 Exhibit "A" L, CONDITIONS OF APPROVAL 411, LANDS OF LAUB FILE #344-90-TM LAND AND EASEMENT DEDICATION A Conservation Easement for the protection of riparian habitat on Barron Creek shall be dedicated as shown on the Tentative Map. This dedication noting the restrictions shall be made in the Owner's Certificate on the Final Map. No grading or structures of any kind shall be allowed within this easement and no tree or other vegetation removal shall be allowed within this easement without prior approval of the Site Development Authority of the Town of Los Altos Hills. 2. A Conservation Easement for the protection of oak trees and slopes in excess of 30%, excluding the artificially benched area, shall be dedicated on Lots 2 and 3. No grading or structure of any kind is allowed within this easement. This dedication noting these restrictions shall be made in the Owner's Certificate on the Final Map. A separate document shall be utilized to record the Conservation Easement. 411/ 3. The Final Map shall note the Geotechnical Hazard Setback along the creek bank, as shown on the Tentative Map. The location of this line shall be verified by the applicant's Geotechnical Consultant on the Final Map. 4. An easement for Creek Maintenance shall be granted to the Santa Clara Valley Water District for the maintenance of Barron Creek. This easement must clearly state that no excavation or removal of vegetation shall occur within the area of the Conservation Easement without prior approval from the Site Development Authority of the Town of Los Altos Hills. This easement shall be recorded on the Final Map and the restrictions shall be noted in the Owner's Certificate. 5. Ohlone Lane, shall be offered for dedication as a public road and modified to accommodate the saving of four Oak trees along Fremont Road. A pathway shall be constructed within the street right-of-way to be dedicated to the Town along Ohlone Road from Fremont Avenue to the eastern end of the cul-de-sac. A ten foot (10') pathway easement shall be dedicated to the Town, but not improved, from the Ohlone Road cul-de-sac to the eastern boundary running along the southern subdivision boundary. The Town will not accept this second pathway 4 easement at this time. 'fir' CONDITIONS OF APPROVAL LANDS OF LAUB, FILE 4344-90-TM Page 2 `11114/ 6. All utility easements, including sanitary and storm sewer, are to be twenty feet in width. 6.a) The applicant shall dedicate right of way for the rounding of the corner of Fremont Road and Arastradero Road in conformance with the Town Subdivision Ordinance at 35' or 40' whichever matches the existing corner radius on the west side of Fremont Road. PUBLIC UTILITIES 7. All lots shall be connected to sanitary sewer, and all existing septic systems shall be abandon prior to recordation of the Final Map, or a bond shall be posted prior to recordation of the map for the construction of the sanitary sewer, to the satisfaction of the Director of Public Works. Said construction shall be completed prior to issuance of any building permits for the lots within the subdivision. 8. All lots shall be connected to the Purissima Hills Water District facilities. 9. All utilities located within the subdivision shall be placed under ground, in accordance with Municipal Code §9-1.1105. Cable television is included in this requirement. 10. One fire hydrant is to be installed at a location selected by the Los Altos Fire Department. The hydrant shall be installed and ready for use prior to issuance of any building permits. 11. All wells on the property shall be properly registered with Santa Clara Valley Water District and either maintained or abandoned in accordance with their standards. 12. Sewer stubs shall be provided for the 2 adjacent southerly properties at the south side of the public road, to the satisfaction of the City Engineer, if sewer connections are not already available to those lots. A sanitary sewer easement to accommodate these two properties shall be shown on the Final Map. CONDITIONS OF APPROVAL V. LANDS OF LAUB, FILE #344-90-TM Page 3 IMPROVEMENTS 13. A free-span bridge shall be constructed across Barron Creek to provide access to the subdivision. No oak trees shall be removed for the construction of this bridge or any appurtenant structures. The design of the bridge, including acceptable materials, shall be approved by the Town. Permits and approvals must also be obtained from the Santa Clara Valley Water District and the Department of Fish and Game. Any additional creek modification required to construct the bridge must also be approved by these agencies. Improvements are to be completed prior to recordation of the Final Map, or a bond shall be posted prior to recordation of the map for the construction of the bridge, to the satisfaction of the Director of Public Works. Said construction shall be completed prior to issuance of any building permits for the lots within the subdivision. 14. The applicant shall repair the existing creek channel armoring on the subject site along Fremont Road to the satisfaction of the Santa Clara Valley Water District, the Department of Fish and Game and the Town of Los Altos Hills City Engineer. IlW 14a) The property owner shall repair the existing creek channel armoring on the subject site along Arastradero Road to the satisfaction of the Santa Clara Valley Water District (SCVWD), the Department of Fish and Game and the Town of Los Altos Hills City Engineer. If the SCVWD accepts the creek maintenance easement without requiring repair of the creek channel armoring, the applicant shall then be relieved of this condition. 15. The alignment of the entrance roadway shall be accomplished so as to retain the existing heritage trees and/or planting of replacement trees to sufficiently offset the impact of heritage tree loss. The applicant shall dedicate the roadway and right-of-way to the Town for public use. The roadway shall be constructed to Town standards with a travel width of 20'. Improvements are to be completed prior to recordation of the Final Map, or a bond shall be posted prior to recordation of the map for the construction of the road, to the satisfaction of the Director of Public Works. Said construction shall be completed prior to issuance of any building permits for the lots within the subdivision. CONDITIONS OF APPROVAL LANDS OF LAUB, FILE #344-90-TM Page 4 Ike 16. The storm drainage system shall be designed to meet the Town's goal of not increasing the rate of run off because of the development of this land. Alternate Plans for the drainage system along the creek shall be required to be submitted for review and approval along with the other improvement plans. Improvements are to be completed prior to recordation of the Final Map. Or a bond shall be posted prior to recordation of the map for the construction of the improvements, to the satisfaction of the Director of Public Works. Said construction shall be completed prior to issuance of any building permits for the lots within the subdivision. 17. The sanitary sewer, water, and all other utilities shall be constructed within the road rights-of-way or within appropriate easements. Improvements are to be completed prior to recordation of the Final Map, or a bond shall be posted prior to recordation of the map for the construction of the improvements, to the satisfaction of the Director of Public Works. Said construction shall be completed prior to issuance of any building permits for the lots within the subdivision. 111/ 18. Planting of trees along the south side of Ramon Lane shall be required. The planting plan is to be approved by the Town and shall incorporate native and drought tolerant plantings. The trees are required at a minimum 24" box size. This portion of the improvements shall be maintained for five years beyond the acceptance of improvements. Improvements are to be completed prior to recordation of the Final Map, or a bond shall be posted prior to recordation of the map for the street tree improvements, to the satisfaction of the Director of Public Works. GEOLOGY AND SOILS 19. The limits of the 100-year flood shall be shown on the Final Map. 20. The limits of the Creek Bank Building Setback, as defined by the applicant's geotechnical consultant, shall be shown on the Final Map. No construction is allowed within this setback. 21. Site development plans shall be reviewed and approved by the Town Geotechnical Consultant prior to issuance of building and/or grading permits on individual lots. `r CONDITIONS OF APPROVAL ?• LANDS OF LAUB, FILE #344-90-TM Page 5 PLANNING AND ZONING 22. All structures made non-conforming by the lot lines created by the subdivision shall be removed prior to recordation of the Final Map. Or an agreement shall be required to be recorded and a bond shall be required prior to recordation of the final map on Lot 3 and on Lot 4 requiring the removal of all structures made non-conforming by the lot lines created by this subdivision (such as, but not limited to the pool, deck, and pump house) prior to the earliest of the sale of either Lot 3, the sale of Lot 4, or the issuance of any building permit on Lot 4. Prior to the sale of either Lot 3 or the sale of Lot 4, a completion bond in the amount estimated to remove the nonconforming structures, and in favor of the Town is required to be submitted for the Town's review and approval. The Town shall be granted an access over both lots 3 and 4 for the express purpose of removing these structures should it become necessary for the Town to utilize the completion bond. 23. The applicant shall incorporate the recommendations of arborists S. P. Mc Clenahan, Co., Inc., for the protection of the project oak trees as discussed in their letters dated March 5, 1991 and March 10, 1992. Any ` oak trees that are removed or destroyed during the construction of subdivision improvements shall be replaced at a rate of 3:1, at a minimum size of 36" box and at a location to be determined by the Town. If after review by the Santa Clara Valley Water District of the improvements for the bridge and roadway it is determined that a modification to the approved crossing design is necessary, the redesign shall be reviewed and approved by the Town. 24. A report shall be prepared and submitted by a qualified arborist for review and approval by the Town's selected arborist addressing all oaks on the property that meet the definition of Heritage oak tree. The report shall discuss, at a minimum, the present condition of the tree and shall propose a plan for the long term protection and health of the tree. 25. A Mitigation Monitoring and Reporting Program (MMRP) to include monitoring and reporting of mitigation measures setforth in the Certified Mitigated Negative Declaration is approved in conjunction with this subdivision approval. The form and content of the MMRP shall be submitted by the property owner for review and approval by the Town Planner and the City Engineer. CONDITIONS OF APPROVAL LANDS OF LAUB, FILE #344-90-TM t Page 6 FEES 26. Storm Drainage 27. Street Improvement 28. Path Improvement 29. Park and Recreation TOTAL L L