HomeMy WebLinkAboutResolution 09-26 w Exhibits A and BRESOLUTION 09-26
RESOLUTION OF CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS MAKING A
CATEGORICAL EXEMPTION DETERMINATION UNDER CEQA AND APPROVING A
CONDITIONAL USE PERMIT AND VARIANCE FOR UPGRADES TO AN EXISTING
WATER STORAGE AND BOOSTER PUMP STATION OPERATED BY CALIFORNIA
WATER SERVICE ON S. ALTA LANE AND IMPOSING CERTAIN CONDITIONS OF
APPROVAL
WHEREAS, on March 7, 2025, The Town of Los Altos Hills received an application for a Conditional
Use Permit (CUP25-0006) from the property owner, California Water Service, for the construction of
upgrades to existing facility at an unaddressed parcel on S. Alta Lane (APN 175-46-004) ("Project");
and;
WHEREAS, based on the record presented before it, the project is exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Section 15301(b) as the project scope
involves minor alterations to existing facilities providing a public utility service; and
WHEREAS, the project application was processed in accordance with the applicable provisions of the
California Government Code and the Los Altos Hills Municipal Code; and
WHEREAS, the project application was originally scheduled for a duly noticed public hearing on
December 4, 2025, and the hearing was continued without discussion to the Planning Commission
meeting on December 17, 2025;
WHEREAS, the Planning Commission held a duly noticed public hearing on the project on December
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17, 2025, and considered all evidence, testimony, written documentation, and public comments and
voted 4-0 (one vacancy) to forward a recommendation of approval to the City Council; and
WHEREAS, the City Council held a duly noticed public hearing on the project on January 15, 2026,
and considered the Planning Commission's recommendation, and independently evaluated all evidence,
testimony, written documentation, and public comments; and
NOW, THEREFORE, BE IT RESOLVED based on the entirety of the record before it, the City
Council of the Town of Los Altos Hills hereby finds that the Project is exempt from CEQA pursuant to
CEQA Guidelines Section 15301(b); and approves the Conditional Use Permit and Variance subject to
the findings contained in Exhibit "A" and conditions contained in Exhibit "B" and incorporated herein
by reference.
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos
Hills at a regular meeting held on the 15th day of January 2026, by the following vote:
AYES: BHATEJA, TYSON, MOK, SWAN, TANKHA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Signatures on next page.
RESOLUTION 09-26 11 P a g e
ATTEST:
Arika Birdsong -Miller, City Clerk
BY: _
Rajiv Bhateja, Mayor
RESOLUTION 09-26 21
EXHIBIT "A"
CONDITIONAL USE PERMIT FINDINGS OF APPROVAL
With regard to the Conditional Use Permit the City Council finds that:
(1) The proposed use of facility is properly located in relation to the community as a whole, land
uses, and transportation and service facilities in the vicinity;
California Water Service (Cal Water) operates an existing water storage and booster pump
station at an unaddressed parcel on S. Alta Lane. The use is properly located because it
provides potable water to twelve nearby residentially developed properties on Alta Tierra
Road, N. Alta Lane, and S. Alta Lane.
(2) The site for the proposed use is adequate in size and shape to accommodate the proposed use
and all yards, open spaces, walls and fences, parking, loading, landscaping, and such other
features as may be required by this chapter or, will be needed to assure that the proposed use
will be reasonably compatible with land uses normally permitted in the surrounding area;
The 0.048 -acre site is nonconforming in size but has been adequate for the proposed public
utility use needed to provide potable water to twelve nearby properties. The site has been in
continuous use since its establishment in the 1950s. The proposed project does not represent
an intensity of the use. Furthermore, the number of connections is not increasing.
(3) The site for the proposed use will be served by streets and highways of adequate width and
pavement to carry the quantity and kind of traffic generated by the proposed use; and
There will be no additional traffic related issues with the new construction because the number
of trips to the project site is not increasing. Cal Water anticipates operations personnel will
visit the site daily for a period of 20-30 minutes.
(4) The proposed use will not adversely affect the abutting property or the permitted use thereof.
The proposed development will not adversely affect the adjacent properties or uses as the
project seeks to replace existing equipment but maintain the current operational
characteristics. Furthermore, significant vegetation along the property perimeter will be
retained to reduce potential for noise and view impacts.
Resolution CC 09-26 Page 3
1
VARIANCE FINDINGS OF APPROVAL
With regard to the Variance the City Council finds that:
(1) Because of exceptional or extraordinary circumstances applicable to the subject property,
including size, shape, topography, location, or surroundings, the strict application of the
ordinance is found to deprive the property of privileges enjoyed by other properties in the vicinity
and under identical zoning classifications:
The City Council finds that the strict application of the municipal code would deprive the
property owner of the ability to provide an essential public utility to twelve near properties. Due
to substantial undersized parcel, the location of any new equipment would require a variance.
(2) That upon granting of the Variance, the intent and purpose of the ordinance will still be served,
and the recipient of the Variance will not be granted special privileges not enjoyed by other
surrounding property owners:
Variances to setbacks are expressly allowed per the Municipal Code for exceptional or
extraordinary circumstances. The substantially undersized parcel (0.048 aches) presents a unique
circumstance to which a variance to setbacks is warranted.
(3) That granting the Variance will not be materially detrimental to the public welfare or injurious to
the property, improvements or uses within the immediate vicinity and within the same zoning
district;
The City Council finds this Variance is granted specifically for a booster pump, which is an
essential component of the public utility and service use at the site. The two 12 -square foot
booster pumps will not be detrimental to the public welfare or injurious to the property,
improvement or uses within the immediate vicinity and within the Residential -Agricultural Zoning
District. Additionally, existing landscaping and the proposed acoustic shelter will further
mitigate potential impacts to adjacent properties.
(4) That the Variance will not allow a use or activity which is not expressly authorized by the Zoning
Ordinance:
Grant of a Variance to setbacks for the installation of a booster pump and concrete foundation
enables the provision of potable water to nearby residents, where the Zoning Ordinance expressly
authorizes public utility and services uses as a conditional use.
Resolution CC 09-26 Page 4
1 1*414 4511111011
CONDITIONS OF APPROVAL
California Water Service — APN 175-46-004 — File# CUP25-0006
PLANNING:
I No other modifications to the approved plans submitted on November 4, 2025, are
allowed except as otherwise first reviewed and approved by the Community
Development Director or the Planning Commission, depending on the scope of the
changes.
2. All conditions of approval shall be printed on plans submitted. for building permit plan check.
3. As an ongoing condition of approval, the Planning Commission and City Council shall
conduct a review of this Conditional Use Permit every 10 years to assure compliance
with conditions and all conditions shall be subject to amendments and/or additional
conditions to assure that the public health, safety and general welfare are protected and
that the objectives of the General Plan and Zoning Ordinance are served, as deemed
necessary by the Planning Commission and City Council.
4. The project is subject to the Town's Construction Time Limit Ordinance (Chapter 10, Title
V111 of the Municipal Code). The maximum time for completion of the project shall be set
by said policy and run from date of Building Permit issuance. Any extensions to the time for
completion shall be subject to said policy. Failure to complete the project in the allotted time
with approved extensions may result in substantial penalties and fees per the policy.
5. Prior to final inspection, Cal Water shall measure the noise output of the transfer to
ensure it does not need exceed the Town's Noise Ordinance limitations of 40 dBA
(nighttime) and 50 dBA (daytime) at the property line. The measurements are to be
verified by Community Development Department staff prior to final signoff.
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I Do 111 1 1 11110102611,141m VUH3011
6. Any, and all, changes to the approved Grading and Drainage plan shall first be approved by
the Town Engineering Department. No grading shall take place during the grading
moratorium (October 1st to April 30th) except with prior approval from the City Engineer. No
grading shall take place within ten feet of any property line.
7. An encroachment permit shall be obtained from the Public Works Department for all work
proposed in the public right-of-way. No work within the public right-of-way shall commence
without an encroachment permit.
Project approval may be appealed if done so in writing within 21 days of the date of the approval.
Please refer to the Conditions of Project Approval set forth herein. If you believe that these Conditions
impose any fees, dedications, reservation or other exactions under the California Government Code Section
Resolution CC 09-26 Page 5
66000, you are hereby notified that these Conditions constitute written notice of a statement of the amount
of such fees, and/or a description of the dedications, reservations, and other exactions. You are hereby
further notified that the 90 -day approval period in which you may protest such fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail
to file a protest within this 90 -day period complying with all of the requirements of Section 66020, you will
be legally barred from later challenging such exactions.
NOTE: The Conditional Use Permit and Variance are valid for one year from the approval
date® All required building permits must be obtained within that year and work on items not
requiring a building permit shall be commenced within one year and completed within two
years.
Resolution CC 09-26 Page 6