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Home My WebLink About3.1 ITEM #3.1 TOWN OF LOS ALTOS HILLS October 26, 2016 Staff Report to the Planning Commission SUBJECT: GENERAL PLAN AMENDMENT TO REMOVE A PATH FROM THE MASTER PATH MAP AND TO REMOVE THE EXISTING NATIVE PATHWAY AT 26105 ELENA ROAD; LANDS OF WALLER; 26105 ELENA ROAD; FILE#246-16-MISC. FROM: Marni Moseley, AICP, Senior Planner � ��. APPROVED: Suzanne Avila, AICP, Planning Director SA RECOMMENDATION: That the Planning Commission: Forward a recommendation to the City Council regarding the requested pathway removal and General Plan amendment with one of the following options: a. Recommend approval of the amendment as requested b. Recommend approval of the pathway removal but not amending the Master Pathway Map c. Recommend denial of the requested amendment BACKGROUND The Town received a request from Mr.Waller on July 5,2016 to remove the existing native pathway that runs along the side and rear of his property at 26105 Elena Road. The property owner has expressed concerns regarding privacy,security,and maintenance of the pathway. The pathway easement was recorded on the 1979 subdivision map, but has not been regularly maintained until recently. The applicant submitted a letter of justification to document his request and the reasons he believes the removal is necessary and appropriate(see Attachment 1). While the application was submitted by an individual property owner, staff recommends that the request be considered at the same time as other modifications to the Master Path Map. DISCUSSION Generally the Town has not supported removal of existing pathways unless an alternative is provided. The existing pathway is part of a secondary route connecting Robleda Road to Elena Road, and could be considered redundant. However, it should be noted that the type of path and its proximity to the residences is similar to most native paths in Town, and both privacy and security could be addressed by the property owner through fencing and screening at the edge of the easement. The Planning Commission should discuss the matter, and provide either a formal recommendation to the City Council. The Council will include the Planning Commission's ;• Planning Commission Lands of Waller—General Plan Amendment October 26,2014 Page 2 recommendation in their deliberations as they consider the applicant's request and other changes to the Master Path Map. Town Committee Review The Pathways Committee considered the request on August 22, 2016 (see Attachment 3). Generally the Committee was not in support of the requested amendment, but would consider another route for the pathway to connect from the rear of the property to Elena Road if supported by the City Council. Public Comments Public hearing notices were sent to all properties within 500 feet of the subject property. As of the date of this report, staff has received one letter in regards to the requested amendment(see Attachment 4). ENVIRONMENTAL CLEARANCE(CEQA) The proposed amendment is categorically exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3). ATTACHMENTS 1. Letter from Jim Waller(one page) received August 15, 2016 2. 1979 Parcel Map (one page) 3. Draft August 22, 2016 Pathway Committee meeting minutes (four pages) 4. Letter from Paul Yue, 26123 Elena Road(one page)received August 20, 2016 Attachment 1 Marni Moseley From: Wailer,Jim <jim.waller@lmco.com> Sent: Monday,August 15, 2016 10:32 AM To: Marni Moseley Cc: Alex Kuo; paulyue@yahoo.com;vijay@sajja.com;sree@sajja.com; jamesswaller@gmail.com; suewaller07@gmail.com Subject: Pathway Removal Ms. Mosley, I am requesting removal of the off-road pathway which borders the freeway and the side of my property leading up to Elena Rd. This pathway connects between Robleda and Elena roads and is wholly redundant to the paths along Elena Rd.and Robleda Rd. providing only a short alternate route to those paths. This pathway provides no connection between neighborhoods, a safe route to a school,or scenic creekside walking. It comes very close to the houses of Waller and Kuo. Pathway users come in very close contact with us and results in unblocked observation into essentially all windows of our home and intimate proximity to our yards. This pathway was essentially unused in the years I have lived here since 1997,as it was regularly blocked due to vegetation growing at the natural low spot on the path. It was bearable when it was rarely, if ever, used. Due to a recent application for a barn,the pathway was cleared,excessively so on the Waller property, resulting in property damage from excessive tree trimming, a broken window, and a road-like appearance. Now it is used but results in an unjustified intrusion to our privacy and is an unwarranted use of our private land. Constructing a fence to attempt to restore our privacy would result in sacrificing 5600 square feet of our lot as well as incurring a very significant expense. A 560 foot fence would interrupt what is now a welcome wildlife corridor and create a sense of being penned in. Additional fencing by Kuo would create a tunnel like path not welcoming to users once completed. Fencing would be our only reluctant option if this pathway is not removed. Establishing an off-road path should be undertaken with substantial pause, weighing the benefits versus the negative impact on homeowners. There are some connections or circumstances which might warrant an off-road pathway,this is not one of them. I submit that offering 5600 sq ft of my property for intrusive public access and amusement is not reasonable,this pathway offers none of the benefits purported to be substantive reasons for establishing such a path. This easement was established before there were homes on the properties of Kuo and Waller, no impacted owner was engaged to comment on this pathway. Although this is an "existing" pathway,the fact that it has been essentially unused makes it difficult to argue that it is an essential or justifiable use of private land, a line drawn on a map decades ago doesn't make it a good idea. We appreciate the opportunity to rectify this problem. The families of Waller, Kuo,Yue, and Sajja thank you in advance for the consideration from the pathway committee. Jim Waller 26105 Elena Rd 408-718-5867 jamesswaller@gmail.com 1 • . ! Attachment 2 "1.L�s'e.) . . L (5.70.0 .1"f•�'S ..- r * / pa�1"0 -po.�0 . ( • / p AYL i / \w / / • i.0�0 . 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RILEY IDRNIA NOV. 1979 • 6 Attachment 3 Los Altos Hills Pathway Committee DRAFT Minutes of Regular Meeting of Monday,August 18,2016 1. ADMINISTRATIVE A. Call to Order. Chairman Ann Duwe called the meeting to order at 7:01 PM B. Members/Associates present: Alisa Bredo,Weegie Caughlan,Nick Dunckel,Ann Duwe, Eileen Gibbons,Vic Hesterman,Breene Kerr,Rachelle Mirkin, Sue Welch, Members/Associates absent: Bridget Morgan,Denise Williams(Members);Bob Stutz,Tim Warner(Associates) Council Liaison present: John Radford(left 8:30 pm) Members of public present: Jim and Sue Waller(26105 Elena Road) Ibraham Saah(24024 Oak Knoll Circle) Elizabeth Loinaz(12660 Corte Madera Lane) Kj ell Karlsson(LAH FIC) C. Approval of Agenda.The agenda was approved after amending to move Item 3A(Repeat vote on PWC officers)to before New Business.EG moved, SW seconded and the vote was unanimously in favor(AB,WC,ND,AD,EG,VII,BK,RM, SW). D. Approval of Minutes.The minutes from the PWC meetings of July 25,2016 were approved with minor amendments. EG moved,AD seconded,and the vote was 8 in favor(AB,WC,ND,AD, EG,VII,BK, SW)with 1 abstaining(RM,not present at meeting). E. Ex Parte communications.AD reported meeting with Planning Commissioner Susan Mandle. They discussed Planning Commission procedures for site visits.The Town arranges a 5-day period during which the commissioners can visit the development site. 2. NEW BUSINESS A. Properties for Review The following properties were reviewed for pathway recommendations: i. 24024 Oak Knoll Circle (Lands of Saah; APN 336-125-003; file#261-16-ZP-SD-GD).The reason for PWC review is construction of an addition and second unit.The parcel is on the SE side of Oak Knoll Circle,a public road(TR#8331). Oak Knoll Circle is a public road (TR#8331). A future off-road path connecting Oak Knoll Circle to Dawson Drive exits from this side of Oak Knoll Circle on an existing easement on an emergency access road on 24032 Oak Knoll.The developer,Ibraham Saah,was present but did not comment.IIB roadside paths built at the time of subdivision exist on all properties on the outer side of the Oak Knoll Circle loop,including a path in good condition on 24024.The driveway needs roughening. WC moved that the PWC recommend the Town to require the developers of 24024 Oak Knoll Circle to restore the existing roadside path on the Oak Knoll Circle frontage to IIB standards after construction and to roughen the driveway for equestrian safety.ND seconded and the vote was unanimously in favor(AB,WC,ND,AD,EG,VII,BK,RM, SW). ii. 12660 Corte Madera Lane(Lands of Lionaz;APN 175-54-006; file#279-16-ZP-SD).The reason for pathway review is construction of a second unit.The parcel is on the east side of Corte Madera Lane at the end of this public cul-de-sac(TR#1926) serving 19 lots.The Council-approved 2005 Master Path Plan map shows an off-road path over this parcel connecting to La Paloma Road.The Town holds all easements necessary to complete this approved off-road route,including a 5-ft wide easement on the southern border of 12660 Corte Madera; a 5-ft wide easement on the northern border of 12650 Corte Madera and a 10-ft easement along the eastern border of 12650,all dedicated at the time of subdivision(TM- 1926,Fremont Hills Subdivision Unit#2,May 57).The Town also holds a 10-ft wide pathway easement on 13697 La Paloma Road(CR-124-93,Nov 93); and a 32-ft wide easement on the NW side of 13685 La Paloma over the shared driveway(CR-124-93,Nov 93).PWC reviewed a site development project on 13697 La Paloma in May 2016 with a recommendation to construct a native path on the existing easement. The developer,Elizabeth Lionaz,was present and expressed opposition to a path on the existing pathway easement on her property, citing concerns for privacy and for wildlife that use the off-road route through to La Paloma.PWC discussed options at length.Members who DRAFT_PWC_Min_16-0822 10/19/16 1 walked the route reported it is easily passable except near the roadside where oleanders have been planted in the easement.It was suggested the homeowner might want to move the easement slightly to accommodate the oleanders and create a better transition to the street. Several members stated the PWC should uphold the Master Path Plan approved by Council in 2005 after lengthy public hearings and recommend that the path be installed. One member said the path does not need to be put in.The path creates a neighborhood loop and is a potential route for students walking or cycling to Bullis School.ND moved that the PWC recommend the Town require the developers of 12660 Corte Madera Lane to put in a native path in the existing pathway easement along the southern border; and offer them the option to move the easement to a location they prefer.EG seconded and the vote was 8 in favor(AB,ND,AD,EG,VII,BK,RM,SW) and one opposed(WC). iii.24840 Summerhill Avenue(Lands of Ali and Varadarajan; APN 336-15-009; file#260-16- ZP-SD-GD).The reason for pathway review is construction of a new residence.The developer was not present.The parcel is on the south side of Summerhill(south lane within LAH is a public road) and is accessed via a driveway off Tiara Lane(a private road).It has no frontage on Summerhill,but has frontage on El Monte Road.An asphalt roadside path(i.e., sidewalk)that appears to be in the road ROW exists along the El Monte frontage.No off-road path easements or paths were identified on or near the parcel. EG moved that the PWC recommend the Town to require the developers of 24840 Summerhill Avenue to pay a pathway in-lieu fee. SW seconded and the vote was unanimously in favor(AB,WC,ND, AD,EG,VII,BK,RM, SW). iv.23600 Ravensbury Avenue(Lands of T and T Community Property Trust; APN 336-38-006; file#275-16-ZP-SD-GD).The reason for pathway review is construction of a new residence, second unit, and pool.The developer was not present.Ravensbury is a public road(TR#13, 1184,2224, 3039, 3246, 3283, 3872).The parcel is on the east side of Ravensbury just north of the 90-degree turn in the road.Roadside paths exist in sections along both sides of Ravensbury in the vicinity.No off-road path easements or off-road paths were identified on or near the parcel.The road shoulder on 23600 is wide and relatively flat(then slopes up to a fence) and could accommodate a roadside path separated from the pavement.Ravensbury is a busy road and a roadside path will improve safety for pedestrians and equestrians.EG moved that the PWC recommend the Town to require the developers of 23600 Ravensbury Avenue to grant a pathway easement and build a IIB roadside path separated from the pavement.VII seconded and the vote was 8 in favor(AB,ND,AD,EG,VII,BK,RM, SW) and one opposed(WC). B. Policy to cap pathway construction costs.PWC discussed the proposal raised by Council Member Corrigan at the Aug 18,2016 Council meeting to establish a cap on developers' costs for pathway construction.AD distributed her personal comments on the proposal sent to Council for that meeting(Attachment A).At the Council meeting,Council established an ad hoc committee(Council members Corrigan and Spreen)to study this issue and asked SW to provide input.At the PWC meeting, Council Liaison Radford invited all members of the PWC to also attend these meetings. C. Statement from Santa Clara County Sherriff's Department re Crime and Pathways.AD reported she wrote the Santa Clara County Sherriff's Department requesting any data linking pathways to burglaries.They responded that they have no direct information that would lead them to conclude that pathways are leading to crime. D. Request to remove Robleda to Elena Off-Road Path. Jim Waller,the owner of 26105 Elena Road asked to remove the existing off-road paths on his property.Both easements are shownon the 2005 Council-approved Master Path Plan(MPP)Map.The native path segments on 26105 Elena are part of an off-road path that runs along the west side of I-280 behind three parcels(12469 Robleda,26101 Elena and 26105 Elena) from Robleda Road to Elena.PWC reviewed a development project on this parcel on 9/28/15 with a unanimous recommendation to maintain the existing paths(Attachment B).At the 6/27/16 PWC meeting,Mr.Waller complained that the when the Town crew cleared the path in June they broke a glass door his house, damaged trees, and left tree prunings on his property.He also said police motorcycles have driven over the path on several occasions (Attachment B).The Wallers are now asking to have the paths removed DRAFT_PWC_Min_16-0822 10/19/16 2 • from the MPP map citing concerns about privacy, disruption of a wildlife corridor,unwarranted use of private land,and the fact that the parcel has paths on three sides.Review of records shows: — The off-road pathway easements on the parcel were granted at the time of subdivision(PM- 458M55-56,Feb 1980).The Title Report shows 10-ft pedestrian and equestrian easements along the NW and NE border.The path along Elena Road is in the road ROW adjacent to the pavement. — The path on 26105 Elena is shown as an approved existing route on the 2005 Council- approved Master Path Plan Map.This decision was made following extensive public hearings and review by Planning Commission and City Council. — The conditions of approval for a new residence on the property(1/24/95)require clearing the native paths and restoring the path along Elena Road to IIB standards. PWC discussed options at length well as the larger implications of PWC acting to remove paths from the MPP map.Equestrians and pedestrians reported using the off-road path since it was cleared in June because it provides a route away from the roadside path adjacent to the pavement along Robleda and Elena,which are both busy roads.The route along the NW border is somewhat close to the house,but the route on the NE border along I-280 is not and was proposed at one time to continue further to the north along the freeway, although extension of this route beyond 26105 Elena was removed from the MPP in 2005.PWC also discussed whether PWC had authority to add off-road paths or to remove them from the approved MPP map without Council approval. BK moved that the homeowner of 26105 Elena Road take his request to remove the existing off-road pathway on his property to City Council since the PWC does not have authority to remove existing paths from the Master Path Plan Map approved in 2005 without Council direction.PWC does not favor simply removing this off-road path,but would consider looking at the area for alternative routes(e.g.,north along the freeway).EG seconded and the vote was unanimously in favor(AB,WC,ND,AD,EG,VII,BK,RM,SW). 3. OLD BUSINESS A. Repeat vote on election of officers.The City Clerk requested PWC to repeat the election of new officers done at the July meeting because the protocol for use of secret ballots was not followed. Council Liaison Radford distributed ballots and counted them after they were marked. Nominations were as described in minutes for the July PWC meeting.The results of the balloting were: AD Chair,EG Co-Chair, SW secretary,AB co-secretary.Radford also reminded PWC members WC,AD,ND, and EG that their terms are up in November. B. "No Parking on Pathways"Card.PWC discussed options for discouraging parking on pathways and informing drivers that parking on paths is illegal. Ideas included a card to place on the windshield of vehicles parked on pathways, signs at major entrances to Town,and placement of "No Parking"signs in problem locations.AB volunteered to research how other towns address this and AD will confer with staff again. C. Report from Master Path Plan Map(MPP)Update Subcommittee.EG reported the subcommittee will now work on documenting new easements and paths built since the last MPP update and creating a database.A Planning Commission special study session to review the Master Path Plan maps may be held in September or October. a.PWC discussed adding Burke Road from Chapin to the eastern Town border to the list of Council-approved roads that are to have paths on both sides.Because of proximity to the Los Altos center,this road has a lot of pedestrian,auto, and bicycle traffic and paths on both sides would improve safety. D. CIP projects and budget update.The Town has widened the path used by Bullis School students on Fremont Road between Campo Vista and the school entrance.A path across the front of the school is still needed.Public Works staff also informed Chair AD that the Town will be making improvements to the roadside path along Robleda as part of the paving project.The Town resubmitted to Caltrans the request for an encroachment permit for a small segment along the I- 280 Magdalena off-ramp to allow construction of the east end of the Bob Stutz path. E. Top Elegant Investment,LLC(Stirling) Subdivision. SW recused herself for proximity, left the table, and did not participate in the discussion. PWC briefly reviewed PWC recommendations for DRAFT_PWC_Min_16-0822 10/19/16 3 1. this 18-acre subdivision.Planning Commission will hold a study session for this project on Sept 1, 2016.AD will attend to present PWC recommendations and answer questions. 4. REPORTS FROM OTHER MEETINGS. A. Senior Pathways Walk.The first in a planned series of pathway walks for seniors will be held on Sept 26,2016.The route will start at 10:00 am at Town Hall(Parks and Rec Bldg)and follow a 2.2 mile loop over roadside and off-road paths north of Town Hall. 5. PRESENTATIONS FROM THE FLOOR. A. LAH Hoedown.This annual community event will be held Saturday, Sep 10 from 3 to 8 pm at the Westwind Barn.PWC members will staff a pathways information table. B. Dedication of Rex Gardiner Open Space.The Town will hold a celebration at 2 pm on Tuesday, Sept 10 to dedicate this open space parcel at the corner of Moody Road and Old Snakey. C. Town Compliance Officer.The Town has hired a code enforcement officer.PWC discussed creating a list of illegally blocked pathways that could be opened. 6. NEXT SCHEDULED MEETINGS. Next Pathway Walk: Saturday, September 24,2016 at 9:00 am at Town Hall Next PWC Meeting: Regular Meeting; Monday, September 26,2016 at 7:00 pm at Town Hall 7. REQUEST FOR TOPICS FOR NEXT AGENDA 8. ADJOURNMENT.The meeting was adjourned at 8:55 pm. Attachment A: AD Comments on Proposal to Cap Pathway Construction Costs Attachment B: Sept 2015 PWC recommendation for 26105 Elena Road DRAFT_PWC_Min_16-0822 10/19/16 4 Attachment 4 Marni Moseley From: Paul <paulyue@yahoo.com> Sent: Saturday,August 20, 2016 10:04 PM To: Marni Moseley Cc: jamesswaller@gmail.com; suewa1107@gmail.com;Alex; paulyue@stanfordalumni.org Subject: Removal of pathway Dear Ms. Moseley, I strongly support James Waller request for the removal of the pathway at his property.This pathway comes so close to his house and it not only is a privacy concern, it is also a safety issue. I regrettably cannot be at the August 22 to support him. I would like to request the board to seriously consider James's request and grant him the approval to remove the present pathway from Highway 280 to Elena Road. Sincerely yours, Paul Yue 26123 Elena Road Los Altos Hills Sent from my iPad 1