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HomeMy WebLinkAboutResolution 64-25RESOLUTION 64-25 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS MAKING FINDINGS AND DENYING THE APPEAL ON THE PARCEL FRONTAGE SEWER EXTENSION REQUIREMENT FOR SEWER REVIEW APPLICATION NO. SR25- 0013 FOR 12251 STONE, BROOK DRIVE (APN: 336-28-067) AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER CONSTRUCTION AND DEDICATION AGREEMENT WHEREAS, on April 29 and May 5, 2025, the Town of Los Altos Hills ("Town") received a sewer extension application from Sanjay Uppal ("Applicant" or "Appellant") for the property at 12251 Stonebrook Drive (No. SR25-0013, APN 336-28-067); and WHEREAS, Appellant is proposing to develop an SB 9 unit and an accessory dwelling unit ("ADU") on his property located at 12251 Stonebrook Drive with an existing primary unit of 3,263 square feet and is currently served by a septic tank for sewer disposal; and WHEREAS, in conjunction with his development proposals, Appellant proposes to abandon the septic tank for his primary house and connect the existing home, along with the proposed SB 9 unit and the proposed ADU, to the Town's sanitary sewer system; and WHEREAS, the Town's SB 9 Ordinance (Title 10, Chapter 1, Articles 15) requires all newly created dwelling units to be connected to either the public sewer or be served by an onsite wastewater treatment system (i.e., septic tank) approved by the Santa Clara County Department of Environmental Health; and WHEREAS, likewise, the Town's current ADU Ordinance (Title 10, Chapter 1, Articles 14) requires ADUs constructed with a new single-family home on the same lot to be either connected to public sewer or to a septic tank system approved by the County; and WHEREAS, Section 6-4.102 of the Municipal Code requires all new residences and major additions to be connected to an approved public sewer when such sewer is within 200 feet of the property line, except when the elevation of the existing sewer main does not facilitate gravity flow and is not subject to a sewer reimbursement agreement: and WHEREAS, 12251 Stonebrook Drive property is not within 200 linear feet of the Town's closest sewer main on Stonebrook Court, and the proposed development on the subject property is not subject to the requirements of Section 6-4.102 to connect to the Town's sewer system; and WHEREAS, the property owner is requesting connection to the Town's sewer system, because, according to the owner, upgrading the current septic tank system as required by the County for the proposed development would substantially reduce the buildable area and create challenges to construct and maintain three separate dwelling units on the 1.311 -acre lot; and WHEREAS, the scope of work for Appellant's proposed sewer main extension includes constructing a new eight -inch sewer main from an existing sewer manhole at the intersection of Stonebrook Court and Stonebrook Drive and terminating at a new manhole near the northeasterly property line of 12251 Stonebrook Drive where a new four -inch private sewer lateral for the property is proposed to be connected; and WHEREAS, Section 6-4.446(1) of the Municipal Code requires that when a sewer main is to be extended to serve a parcel, said main shall extend the full frontage of said parcel unless it is determined by the City Engineer/Public Works Director that the main is not likely to be extended to serve any other property; and RESOLUTION 64-25 11 P a g e WHEREAS, the City Engineer implements this requirement under Section 6-4.446(1) by determining whether there are any parcels upstream of the subject property on septic and may connect to the sewer system in the future, based on publicly available property tax roll and sewer connection permit records; and WHEREAS, if all surrounding parcels upstream are connected to public sewer, then an exception would be granted since there are no other properties that may extend the sewer main; and WHEREAS, On Stonebrook Drive, there are six properties (excluding the applicant property) that are not currently connected to the public sewer, which can be served by the proposed sewer main extension in the future, hence the sewer main extension for 12251 Stonebrook Drive would require extension along the full frontage of the parcel per Section 6-4.446 (1) of the Municipal Code; and WHEREAS, Appellant has requested that the City Engineer grant an exception to the full frontage sewer main extension requirement, and allow limiting the extension to the point of the sewer lateral service line; this means that the new sewer main would only run approximately 210 linear feet from the existing sewer manhole on Stonebrook Court to a shortest distance point of the property frontage where the property sewer lateral would connected; and WHEREAS, on September 3, 2025, the Public Works Director/City Engineer officially denied the exception request via an email to limit the sewer main extension to the point of the sewer lateral service line by citing Municipal Code Section 6-4.446(1) as its basis, because there is one or more properties on Stonebrook Drive that can connect to the proposed sewer extension in the future; and WHEREAS, Section 6-4.111 of Municipal Code provides that the City Engineer's determination under Section 6-4.446(l), as an administrative official's decision, may be appealed to the City Council by filing a written notice of appeal with the City Clerk within 10 days after receiving a notice of the determination accompanied by the required appeal fees; and WHEREAS, on September 8, 2025, Appellant timely appealed the City Engineer's September 3 determination to the City Council, accompanied by the applicable appeal fees; and WHEREAS, on September 18, 2025, the City Council conducted a duly noticed public meeting to hear the appeal, considered all evidence, testimony, and records presented before it, and provided the Appellant and all interested parties with an opportunity to be heard; and WHEREAS, the consideration of this appeal is not subject to the California Environmental Quality Act, as it is a code interpretation issue and does not make any physical changes to the environment; therefore, it has no potential to cause significant environmental effects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills: Based on the entirety of the record before it, which includes, without limitation, the Los Altos Hills Municipal Code; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed September 18, 2025 public hearing; and any and all other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the Town of Los Altos Hills hereby finds as follows: 1. General Findings. a. The foregoing recitals are true and correct and made a part of this Resolution. b. The documents and other material constituting the record for these proceedings are located at the Public Works Department for the Town of Los Altos Hills, 26379 RESOLUTION 64-25 2 P a b e Fremont Road, Los Altos Hills, and in the custody of the Public Works Director. 2. Findings Regarding the Appeal. a. Appellant proposes to develop an SB 9 unit and an ADU on his property located at 12251 Stonebroolc Drive. The property has an existing primary unit of 3,263 square feet and is currently served by a septic tank for sewer disposal. Appellant proposes to abandon the septic tank and to connect all three existing and proposed units to the Town's sewer system. b. Under the Town's SB 9 Ordinance (Title 10, Chapter 1, Articles 15) requires all newly created dwelling units to be connected to either the public sewer or be served by an onsite wastewater treatment system (i.e. septic tank) approved by the Santa Clara County Department of Environmental Health. Likewise, the Town's current ADU Ordinance (Title 10, Chapter 1, Articles 14) requires ADUs constructed with a new single-family home on the same lot to be either connected to sewer or to a septic tank system approved by the County. c. Further, under the Town's Sewer Ordinance under Section 6-4.102 of the Municipal Code, new homes and major additions to homes are only required to connect to public sewer when the sewer is within 200 feet of the property line, unless the elevation of the existing sewer main does not facilitate gravity flow and is not subject to a sewer reimbursement agreement. However, the property lines of 12251 Stonebroolc Drive are more than 200 feet away from the nearest Town sewer main line. d. As such, the subject parcel is not required to connect to sewer; it may be either connected to the Town's public sewer system or utilize the existing septic tank with approval from Santa Clara County. Appellant claims that he does not wish to have the septic tank system for this property as the requirements would substantially reduce the buildable area and create challenges for him to construct and maintain three separate dwelling units on a 1.311 -acre lot. However, Appellant has not provided a clear showing of how utilizing the existing septic tank would prevent three dwelling units to be located on the 1.311 -acre lot. f. The Town, through its City Engineer, implements the requirement of Municipal Code Section 6-4.446(1) by determining how many properties upstream of the subject parcel is on septic and thus may connect to the sewer system in the future. The accompanying staff report notes that, based on property tax roll (which includes collection of sewer fees) and permit records, which are all publicly available information, the Town determines whether or not a property is connected to the public sewer. In this case, there are seven properties with frontage to Stonebroolc Drive that are not connected to the public sewer. Therefore, the proposed sewer extension at 12251 Stonebrook Drive can and would serve those other properties in the future. As such, the exception requested by Appellant is not consistent with Section 6-4.446(1) and if an exception were granted, it would not be equitable as to how other applicants were required to comply with the same standard and the upstream properties owners who have to carry additional sewer extension length at the time of a proposed connection. Appellant also raises several arguments on appeal, as noted in more detail in the accompanying staff report, that the frontage extension requirement violates state ADU and SB 9 laws because it is a subjective standard, creates cost prohibitive burdens, and is inconsistent with the Town's Housing Element. The City Council is not persuaded by those arguments. It appears based on the accompanying staff report and the record RESOLUTION 64-25 3Pabe that the Town has implemented the requirements of Section 6-4.446(1) in an objective manner because if there is one property upstream that has not connected to sewer, the City Engineer would not grant an exception from the frontage extension requirements. If there is even one property not on sewer, granting an exception potentially requires that future property owner(s) carry more distance from their property frontage to the Town's sewer main in the public right of way. As such, the Town implements this requirement equally for all properties in Los Altos Hills. As mentioned above, Appellant has not demonstrated that this standard, applicable to all other property owners in Town, would be prohibitive to development on a 1.311 -acre lot. Finally, the Housing Element does not identify sewer connection/extension as a governmental constraint. The Town continues to receive SB 9 applications and is currently exceeding its ADU production goals identified in the Housing Element to promote housing. BE IT FURTHER RESOLVED based on the entirety of the record before it and on the foregoing facts and findings, the City Council hereby DENIES the appeal regarding the City Engineer's determination on parcel frontage sewer extension requirement for 12251 Stonebrook Drive, Los Altos Hills (Sewer Review Application No. SR25-0013). The City Council's decision is limited to Sewer Application No. SR25-0013 and not a decision on any other entitlement, permit, or approval Appellant may be seeking from the Town. This decision does not reduce or relieve the Appellant from complying with all other applicable requirements in pursuing development. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to accept, and execute a Sewer Dedication Agreement, on behalf of the Town, for any subsequent dedication of the sewer main extension for 12251 Stonebrook Drive pursuant to Application No. SR25-0013 provided that the construction of said sewer main extension is (1) consistent with this Resolution; (2) meets all required specifications and standards and is consistent with plans approved by the Town; and (3) has been accepted by the City Engineer. The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 18th day of September 2025, by the following vote: AYES: TANKHA, BHATEJA, MOK, SWAN, TYSON NOES: NONE ABSTAIN: NONE ABSENT: NONE ATTEST: 4y Z-�_a Birdsong -Miller, ty Clerk BY: rl_,� Kavita Tankha, Mayor RESOLUTION 64-25 41 P a g e