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HomeMy WebLinkAbout3.1Item 3.1 TOWN OF LOS ALTOS DILLS Staff Report to the City Council March 25, 2010 SUBJECT: AMENDMENT TO THE LOS ALTOS HILLS GENERAL PLAN LAND USE ELEMENT AND URBAN SERVICE AREA BOUNDARY; AMENDMENT TO THE LOS ALTOS HILLS MUNICIPAL CODE (TITLE10, CHAPTER 1, ZONING) TO CREATE A HIDDEN VILLA OVERLAY DISTRICT (HV); AND PREZONING OF LANDS OF HIDDEN VELLA; 26870 MOODY ROAD, APNS: 351-36-024 and 351-36- 020; #12-10-MISC. FROM: Cynthia Richardson, Consulting Planner APPROVED BY: Debbie Pedro, Planning Director -PQ RECOMMENDATION: That the Planning Commission forward a recommendation to the City Council to: 1. Approve the General Plan Land Use Element text amendment (Attachment 1), Land Use Diagram revision to include Hidden Villa (Attachment 2) and Urban Service Area Boundary to include Lands of Hidden Villa (Attachment 3); and 2. Amend the Los Altos Hills Municipal Code to create a new Hidden Villa Overlay District (HV) (Attachment 4); and 3. Approve the prezoning of the unincorporated Lands of Hidden Villa; and adopt the Initial Study and Negative Declaration. (Attachment 5) BACKGROUND The Hidden Villa property is located within unincorporated Santa Clara County bounded by the Town of Los Altos Hills to the north and east, City of Palo Alto to the west and unincorporated Santa Clara County to the south. The entire Hidden Villa property consists of seven parcels totaling approximately 1,550 acres. The portion of Hidden Villa lands affected by this project encompasses 213.89 acres along Moody Road and includes parcel numbers 351-36-024 (24.34 acres) and 351.-36-020 (189.55 acres). A map of the project area is included as Attachment 8. The 213 acres include undeveloped steep hilly terrain covered in dense trees and understory foliage to the south with the flatter portion of the property along Moody Road commonly known as the "lower fields" used as a co-op vegetable garden with a produce stand. Within the project area is Hidden Villa, a nonprofit educational organization that uses its organic farm, wilderness and community to teach and provide opportunities to learn about the environment and social justice. Hidden Villa is currently operating within Santa Clara County under a Use Permit. Development on the property includes the Duveneck House, the Dana Center and a hostel which consists of a common area, an Staff Report to the Planning Conunission Hidden Villa March 25, 2010 Page 2 of 7 apartment, seven rental cabins and two staff cabins. Extensive trails for hiking and horseback riding exist within the property. Hidden Villa also is used as a youth camp with day and over night campers. On October 28, 2009; Hidden Villa Board submitted a letter to the Town Council expressing their interest in incorporation into the Town of Los Altos Hills. (Attachment 9) A task force which comprises six Hidden Villa board members was subsequently formed to work with Town staff on the details of the annexation. The following steps are required to accomplish phase one of the annexation project: 1. Text and Map amendments of the General Plan Land Use Element. 2. Zoning Ordinance amendment to create an Overlay Zoning District. 3. Prezoning of Hidden Villa. General Plan Amendment As required by state law, the Local Agency Formation Commission (LAFCO) has established a sphere of influence (SOT) and Urban Service Area (USA) for each city and special district in Santa Clara County. The SOIs are intended to ensure that urban development takes place in an orderly manner, to preserve agricultural and open space lands, and to ensure that the land use and development policies of a city are recognized in areas that will eventually be part of a city. The USA boundary delineates incorporated and unincorporated areas authorized to receive urban services when they are available. The portion of Hidden Villa property proposed for prezoning and eventual annexation is located within the Town's Sphere of Influence but outside of the Urban Service Area Boundary. It is proposed that the current USA boundary be enlarged to include parcels 351-36-024 (24.34 acres) and 351-36-020 (189.55 acres). The Urban Service Area Map (page LU -23 of the Land Use Element) will be amended to include the subject area. The new USA boundary will coincide with the Los Altos Hills County Fire District Service Boundary. (Attachment 3) In addition, the Land Use Diagram which designates the land use category of each parcel in the planning area on page LU -6 of the Land Use Element will also be amended to include the subject property. (Attachment 2) Approximately 1,330 acres of Hidden Villa lands south of the project area are steep, mountainous wilderness surrounded by the Mid -Peninsula Regional Open Space District and will remain in unincorporated Santa Clara County. In addition to the General Plan map amendments, specific language must be incorporated within the Land Use Element to allow for the creation of an overlay district within the (R) Residential Land Use Designation. A text amendment to the General Plan Land Use Element's Residential Land Use Designation (page LU -5, paragraph 114) is proposed to allow the provisions of overlay Y i Staff Report to the Planning Commission Hidden Villa March 25, 2010 Page 3 of 7 districts. The following text amendment will be added to paragraph 114: "Overlay Zoning Districts within the Residential (R) land use designation may be created to address special needs of particular sensitive areas." Zoning Ordinance Amendment An "overlay district" is a special zone that is drawn on a map outlining a significant resource. The district is "overlaid" on the existing land use regulations, in this case the R -A (Residential Agriculture) Zone District. The overlay district then supplements the underlying regulations. This allows the Town to address the special needs of the particular area. The Hidden Villa Overlay District creates more restrictive development standards than those found in the R -A Zone District. Such increased restrictions are: increased lot size, limitation on residential development potential, provisions for non-profit educational use as a permitted use and limitation on development of slopes greater than 20%. Permitted uses contained in the new ordinance are those uses currently in existence under the Hidden Villa organization. No change in use is proposed at this time. It is the intent of the new ordinance to plan for potential future development of single family homes. Hidden Villa may wish at some future time, to apply for a subdivision to create home sites to be sold to generate revenue for the continued use of Hidden Villa. In addition to the one parcel occupied by Hidden Villa, the HV Overlay allows up to four (4) primary dwellings along with accessory structures and buildings as normally permitted in the R -A District. Development Potential A review of the title reports submitted for this project reveals several easements that encumber this property (Attachment 6). According to Hidden Villa, all of the property, except for the 30+ acres lower fields along Moody Road and a knoll over the Duveneck Family Area, are encumbered by easements benefiting Mid -Peninsula Regional Open Space District and the County of Santa Clara. Specifically the "Wilderness Area" easement item 2(g) restricts the ability to divide or subdivide the area encumbered by the easement. Similarly, the "Ranch Area" easement maintains the same restrictions under clause 2(h). Santa Clara County also holds an open space easement agreement that has a 15 year term which prohibits development over parcels 351-36-023 and 024 ("the knoll"). According to the County Planning Official, under the current conditions and restrictions, it may be possible to develop up to 2-3 units on the entire 1,550 acre property depending on numerous factors such as slope and easement restrictions, creek setbacks, and septic system capabilities for the individual parcels. Iii a review of the 213 acre project area, Town staff estimates that without considering the existing open space easements which prohibit development on the property, the potential development density under the County regulations would yield approximately 4 units. However, restrictions from open space easements could reduce the overall numbers. Staff Report to the Planning Commission Hidden Villa March 25, 2010 Page 4 of 7 The Hidden Villa Task Force has stated that they have no plans to develop the lands for residential uses. The organization is currently in negotiation with Mid -Peninsula Open Space District over the sale of development rights for the remaining unencumbered lands. They have expressed their concerns over preserving the value of the property based on the maximum number of residential parcels that may be obtained under the County regulations. >Prezonin� The area subject to this prezoning is located along Moody Road (26870 Moody Road) Assessors Parcel Numbers 351-36-024 and 351-36-020 and encompasses 213.89 acres of the approximate total 1,550 acres of Hidden Villa lands. Prior to annexation by the Town, the unincorporated area must be prezoned. Prezoning is the procedural first step necessary to ultimately annex a particular territory. Prezoning will establish the zoning district that will apply in the event of annexation to the Town. The project area is proposed to be prezoned to "R -A" (Residential -Agricultural) with the new HV - Hidden Villa Overlay District. The zoning classification established through the prezoning procedure will become effective and enforceable when annexation is approved, it will have no force or effect on the subject properties until that time. Santa Clara County Zoning and General Plan Designation - The County General Plan designation is Hillside and the Zoning Designation for the subject parcels is HS (Hillside) with a portion along Moody Road having an additional designation of "sr" which is a scenic road combining district that regulates signage. The existing HS County designation allows single-family residential development with a minimum lot size of 160 acres without slope density and 20-160 acre minimum using the slope -density formula with a cluster designed development. If the project is a cluster development then 90% of the lot must be maintained in open space and only 10% may be developed and the minimum lot size is 2 acres. § 2.20.040 of the Santa Clara County Zoning Ordinance Table 2.20-4 SLOPE DENSITY PROVISIONS E\7 RURAL BASE DISTRICTS Base District AIloned Density: Land area per di elling unit (acres)i \iinimum Avg. slope<10% Avg. slope�150% Avg- slope 10-50% parcel size AR 20 160 1 Same as land area per .0609375- dtivelling [see .00109375'S also 2.20.060] HS 20 160 1 acres for (cluster permit cluster [see required)- .0609375- .0010937511S also 2.20.070] r' s Staff Report to the Planning Comrnission Hidden Villa March 25, 2010 Page 5 of 7 The existing HS -sr site standards are as follows: oning`tandard « �5 sr side tli„� scenic road cobmm� y lWs �� .y\'Ys bffc �,' i"v�a �7 g (SaiataClaraSCounty)cflistrict) : Min. Front Yard Setback 30' Min. Side Yard Setback 30' Min. Rear Yard Setback 30' Maximum Height 35' Excerpts of the County's development standards for this area can be found in Chapter 2.30 of the Santa Clara County Zoning Ordinance. (Attachment 8) Town of Los Altos Hills Prezone and General Plan Desi ation - The Lands of Hidden Villa have a Land Use Designation of Residential (R) in the Town's General Plan. The proposed prezoning will change the zoning designation of the Hidden Villa lands from the County's HS -sr zone to the Town's R-A/HV (Residential -Agricultural with a Hidden Villa Overlay District) zoning designation at the time of annexation. The RA (Residential -Agricultural) zoning designation allows single-family residential development with a minimum lot size of one -acre. However, with the Hidden Villa Overlay District, development of single family residential home sites is limited. Each of the newly created parcels must be at least (5) five acres in size. Additionally, the maximum development area and maximum floor area for each lot may not exceed the maximum development area and maximum floor area allowed on a one acre flat lot in the Town's Residential Agricultural Zone. If annexed into the Town, the Los Altos Hills R- A/HV zoning standards will apply: '. fS x24 3`T!—� ...i AT ' ”" 4d ., 541 A> "c Standards ��Ri/AV;(Resadent�alAgricultaraiwit� ��f 1+1 Ytt 5A tY Fk.d.,4 HYdden 1truC' T 7 t T lWs �� .y\'Ys bffc �,' i"v�a �7 .,7 } r v ,� 7 � Sit �]lleff� t p �] f •i� ^�. G t 4 ��3 ., Min. Front Yard Setback 40' Min. Side Yard Setback 30' Min. Rear Yard Setback 30' Maximum Height 27' or up to 32' with increased setbacks Public Services and Fiscal Responsibilities Community Development The addition of Hidden Villa properties will result in a slight increase in workload for planning, engineering, and building department staff, as additional staff time will be needed to provide for review of any new facilities, programs or any future subdivision. The service cost for processing planning and building permits will be recovered through application fees and deposits. X Staff Report to the Planning Comnussion Hidden Villa March 25, 2010 Page 6 of 7 Police Services Law enforcement and public safety services are provided to Town residents under contract with the Santa Clara County Sheriff's Department. With each annexation there is an increased cost that is negotiated on an annual basis with the Sheriff's Department. A detailed cost analysis will be performed as part of the annexation process. Fire Protection Fire protection, suppression, and safety services are provided by the Santa Clara County Fire Department, which will continue to be the agency responsible for fire protection services to properties in the Hidden Villa Area. Schools The project area is currently being served by the Los Altos Elementary School and Mountain View -Los Altos Unified High School Districts. Annexation to the Town does not affect school district boundaries. Water Supply The project area will continue to receive water from the Purissima Hills Water District. There will be no change to the water supply. Sanitary Sewer The subject property is located within the Los Altos sewer basin where there have been capacity limitation constraints in the past. However, in 2007, the Town and the City of Los Altos signed a new contract to increase sewer conveyance capacity. Due to the slow growth and connection rate (10-15 connections/year) within the Town, it is estimated that adequate sewer capacity will be available to all residences within the corporate limits of the Town and its sphere of influence, including Hidden Villa, for the next 30 years. The Town is also working with the City of Los Altos to obtain additional conveyance capacity to support the Town's future build -out and anticipates having an amended agreement in about 3-5 years. The nearest sewer line to the subject property is located approximately 1,500 feet away at the corner of Moody Road and Murietta Lane. The property is eligible to receive sewer services after it is annexed into the Town. Streets Moody Road is a public road maintained by the County. The portions annexed will remain public and the responsibility for maintenance will be taken over by the Town. A road study will be performed as part of the annexation process. Solid Waste Collection Solid waste collection will be provided under an agreement with Greenwaste Recovery, Inc. The agreement covers garbage collection and pickup of recyclable materials and yard waste. Staff Report to the Planning Conunission Hidden Villa March 25, 2010 Page 7 of 7 CEQA STATUS In conformance with CEQA requirements, staff prepared an Initial Study and Negative Declaration. A Notice of Intent to adopt a Negative Declaration was published in the Town Crier on March 10, 2010. The notice was also submitted to the Santa Clara County Clerks Office for a 20 day public review period which began on March 10, 2010 and ends on April 9, 2010. The Draft Initial Study and Negative Declaration are included as Attachment 5. PUBLIC COMMENTS No public comments have been received to date. ATTACHMENTS 1. Amendment to General Plan Lands Use Element page LU -5, paragraph 114 2. Amendment to General Plan Land Use Diagram page LU -6 3. Amendment to General Plan Urban Services Area Diagram page LU -23 4. Draft Hidden Villa Overlay District Ordinance 5. Draft Initial Study and Negative Declaration 6. Hidden Villa Conservations easements documents 7. Santa Clara County Zoning Ordinance with HS -sr Zoning Site Standards (excerpt) 8. Hidden Villa Project Area Map 9. Letter of request from Hidden Villa dated October 28, 2009 Attachment 1 LAND USE. DESIGNATI`Q:NS Land Use Diagram 113. The Town's Land Use Diagram on the following page illustrates the community's vision for the development, redevelopment, and preservation of public and private properties in the Los Altos Hills. The map designates the distribution and location of land to be used for housing, open space, recreation, public facilities, and other uses. Each of the land use categories designated on the Land Use Diagram is described below. The various land use categories have been applied to geographic land areas within the community to indicate which land uses the Town believes will be the most appropriate at that location. Residential (R) 114. The predominant land use shown on the Land Use Diagram is residential. One single-family dwelling is allowed per parcel. Accessory uses including .one secondary dwelling unit may be permitted. Agricultural activities and conditional uses such as religious facilities and schools also may be allowed. Overlay zoning districts within the Residential (R) land use designation may be created to address special needs of particular sensitive areas. Open Space Preserve (OSP,) 115. This designation is applied to undeveloped, natural areas that provide wildlife habitat, scenic views, and opportunities for nature study and low -impact outdoor recreation such as hiking and horseback riding. The primary purpose of this designation is the preservation and enhancement of the natural state of the land and its plants and animals. Allowable development includes paths and trails, informational signs, restrooms, open fencing, parking for the use of open space and Public Recreation Areas, and other incidental uses that are consistent with the protection of open space and the enjoyment of low -impact outdoor recreation. O en Space Conservation Area (OSCA) 116. This is an overlay designation that is superimposed upon the residential land use areas on the Land Use Diagram. The overlay is generally applied to areas of steep slopes, canyons and ravines associated with major creeks or their tributaries, as well as creek corridors and other areas of heavy vegetation that should be protected. Within these areas, special measures should be taken to conserve the natural quality of the area and to avoid environmental degradation. Residences should be placed on the most buildable portions of lands designated OSCA and carefully sited so as to preserve existing trees, vegetation and wildlife habitat. Public Recreation Area (RA -PBS 117. This designation identifies publicly owned open space lands used primarily for recreation. Development related to recreation is allowed. Examples include Westwind Community Barn, the Purissima Playing Fields (Little League Fields), and the Riding Arena. Private Recreation Area (RA -PR) 118. This designation identifies privately owned lands used primarily for recreation. Development related to recreation is allowed. An example is Fremont Hills Country Club. Institutional (I) 119. This designation identifies academic, governmental and community service uses and lands that are either publicly owned or operated by non-profit organizations. Examples are schools, religious facilities, fire stations and Town government. Land Use Element Los Altos Hills General Plan Page LU -5 0'p�e � i o�Ge�. Cy"j�S►� ca �rltG ��'% •6 ��� 00 � pal %%p•eppl Q. QQaD tcoaNO I 5A=At§r. , :oee .'o�►� 7d�'� aE.7�ii qA- 0o eoo; .;0,°o°i►-o'Q�';' `, Qpt�i��-�,00j ►G a�� .�00 , o�p�, �OwOo 4a ' qv.4 e e o0, O a . 0 04 / �•e t 0 4 a'q�4e v0 p ��� • GRID .O�p jdGO4Er 00:OpC10 oln t$r c� as....� ►+ter e�O.e oma+ �/%/ !�oC=� -: %'c`� < P .;.00.!x'0 � e:� � �� � '•- o°mss Goy o� -; o,,.'�:ppeG Sodec �► � a ,> a� �� Wo���o�� r, ;a ' bo • tae , . ;►, •,.,� ;;; � �''�/�/, eo Yw ■ O�.0 :%iii% �/i j� %�i _+ :1 avf c* p L°LG� Oq.l Zi No - INA. *�G�+ �V A.R. _ QgpQ *� ��Q pOe ► A� ��•v q� 7Q :��ii•�`Zti �OaQ� X000 �p8� aDOp �1�1 6,41 1* Mal abOk�LEOdooe�;doag -•._arm Amendment to General Plan Urban Service Area Boundary to include Lands of Hidden Villa (Page LU -23) StMrd PALO University Grounds T TQ '0w j • ` MAN. 'I ALTOS f •HILLS Proposed USA Boundary that tches th HCF v ervice dary' t, � Planning Area Sphere of Influence (SOI) Urban Service Area (USA) Attachment 3 - Los Altos Hills Incorporated Town Limits Unincorporated Urban Pockets Definitions of Key Terms Incorporated Town Limits Delineates lands current) within or annexed to the Town y Sphere of Influence The probable physical boundaries and service area of theTown. Inclusion of an area in the (SOI) Town's SOI is not necessarily an indication that the area would be annexed to the Town or receive urban services. Urban Service Area Delineates incorporated and unincorporated areas authorized to receive urban services or (USA) proposed to receive urban services when they are available. Planning Area Encompasses incorporated and unincorporated territory that bears a relation to the Town's planning. r DRAFT Attachment 4 Page 1 of 4 Article 9. Hidden Villa Overlay District (HV) 10-1.901. Purpose and Intent. This Hidden Villa Overlay District (HV) is established to provide for the continued use of the lands of Hidden Villa, a nonprofit educational organization that uses its organic farm, wilderness, and community to teach and provide opportunities to learn about the environment and social justice. The intent of this chapter is to recognize and support the existing uses on these lands and to establish a range of permitted and conditional uses and standards governing those uses that might otherwise not be permitted within the underlying R -A Zone District and to generally preserve as open space, areas of land exceeding 20% slope. New development within the Hidden Villa Overlay District shall be subject to both this Article and Article 7, Residential -Agricultural District (R -A). Where there may be conflicting provisions between the R -A Zoning District and the Hidden Villa Overlay District, the provisions of this Hidden Villa Overlay District shall apply. 10-1.902. Applicability. The provision of this chapter shall apply solely to the area identified on the Official Zoning Map, constituting that area owned by Hidden Villa, upon annexation of this area to the Town. 10-1.903. Primary and Accessory Uses and Structures Permitted. The following uses are permitted as primary uses within the Hidden Villa Overlay Zone District. Any change to the permitted uses listed in (a) below require Planning Commission and City Council review and approval prior to commencing such uses. (a) California Nonprofit Public Benefit Corporations. If the lands of Hidden Villa, or any portion, have been or are annexed to the Town of Los Altos Hills, the maximum number of parcels used by California nonprofit public benefit corporations shall not exceed one (1). The following uses and structures to carry out the purposes of nonprofit public benefit corporations qualified for exemption from federal income tax under Section 501(C)(3) of the Internal Revenue Code: 1. All agricultural uses including the keeping, raising, and feeding of poultry and livestock, grazing, indoor or outdoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay grain, and similar food and fiber crops, composting, and beekeeping. HIDDEN VILLA OVERLAY ZONE (R-A/HV OVERLAY ZONE) Sections: 10-1.901 Purpose and intent 10-1.902 Applicability 10-1.903 Primary and accessory uses and structures permitted 10-1.904 Conditional uses and structures 10-1.905 Area, coverage, height, and setback limitations 10-1.906 Amendment of the Hidden Villa Overlay District Article 9. Hidden Villa Overlay District (HV) 10-1.901. Purpose and Intent. This Hidden Villa Overlay District (HV) is established to provide for the continued use of the lands of Hidden Villa, a nonprofit educational organization that uses its organic farm, wilderness, and community to teach and provide opportunities to learn about the environment and social justice. The intent of this chapter is to recognize and support the existing uses on these lands and to establish a range of permitted and conditional uses and standards governing those uses that might otherwise not be permitted within the underlying R -A Zone District and to generally preserve as open space, areas of land exceeding 20% slope. New development within the Hidden Villa Overlay District shall be subject to both this Article and Article 7, Residential -Agricultural District (R -A). Where there may be conflicting provisions between the R -A Zoning District and the Hidden Villa Overlay District, the provisions of this Hidden Villa Overlay District shall apply. 10-1.902. Applicability. The provision of this chapter shall apply solely to the area identified on the Official Zoning Map, constituting that area owned by Hidden Villa, upon annexation of this area to the Town. 10-1.903. Primary and Accessory Uses and Structures Permitted. The following uses are permitted as primary uses within the Hidden Villa Overlay Zone District. Any change to the permitted uses listed in (a) below require Planning Commission and City Council review and approval prior to commencing such uses. (a) California Nonprofit Public Benefit Corporations. If the lands of Hidden Villa, or any portion, have been or are annexed to the Town of Los Altos Hills, the maximum number of parcels used by California nonprofit public benefit corporations shall not exceed one (1). The following uses and structures to carry out the purposes of nonprofit public benefit corporations qualified for exemption from federal income tax under Section 501(C)(3) of the Internal Revenue Code: 1. All agricultural uses including the keeping, raising, and feeding of poultry and livestock, grazing, indoor or outdoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay grain, and similar food and fiber crops, composting, and beekeeping. DRAFT Page 2 of 4 2. On-site processing, preparation, and sale of agricultural products grown and raised at Hidden Villa. 3. Year-round environmental and multicultural education and related facilities including summer camp, classrooms, dining facilities, administrative offices, and overnight accommodations for participants and staff. 4. Educational programs including tours of farm and buildings on site, guided hikes, demonstrations and activities. 5. Interpretive centers and visitor information centers. 6. Summer camps and related facilities including overnight accommodations for campers and staff. 7. Hostel and ancillary facilities and other overnight guest house accommodations. 8. Pools and accessory structures. 9. Housing for interns and staff (caretaker housing). 10. Ecological and. agricultural related research. 11. Trails and recreation. 12. Assemblies and events including fundraisers, classes, programs and workshops. 13. Facility rentals for groups and assemblies including weddings. 14. Periodic sale of crafts, food, books, t -shirts, gifts and other items related to agricultural, environmental and multi -cultural programs and events on-site that does not include more than five (5) outside vendors on-site for more than one consecutive day. 15. Blacksmith shop. 16. Timber management including planting, raising, harvesting, and incidental milling for noncommercial purposes of trees and logs for lumber or fuel woods, subject to requirements of California Department of Forestry and Fire Protection. 17. Wind, solar, and hydroelectric energy systems to serve the energy needs of the uses, buildings and structures within the Hidden Villa Overlay District. 18. Accessory structures, buildings and uses appurtenant to the operation of the permitted uses set forth in this section. DRAFT Page 3 of 4 19. Other compatible uses. Additional land uses may be permitted if the Planning Director determines that the proposed use is consistent with the purpose of the district and sufficiently similar with other permitted land uses in the district. (b) Primary Dwellings. 1. A maximum of four (4) primary dwellings (excluding those dwellings covered under Section 10-1.903 (a)(9)) shall be allowed within the Hidden Villa Overlay District on lands with average slopes up to 20% and with a minimum lot size of one (1) dwelling unit per five (5) acres . 2. Development of primary dwellings on lands with slopes over 20% is generally prohibited. As a condition of approval of any subdivision of lands within the Hidden Villa Overlay District for the purpose of constructing single family dwellings, lands generally in excess of 20% slope within the residential parcels created by the subdivision shall be placed in an open space easement held by the Town. 3. Dwellings or other structures may not be sited on ridgelines or hilltops. 4. The maximum development area and maximum floor area for lots on the Lands may not exceed the maximum development area and maximum floor area, respectively, allowed by the Los Altos Hills Zoning Ordinance on a one acre flat lot in the Town's Residential Agricultural zone. 5. Accessory structures, buildings and uses as permitted in the R -A District pursuant to Section 10-1.702. (c) Open space. 1. Agricultural uses, including horticultural and grazing; 2. Forest preserves; 3. Fences, trees, and shrubs subject to the height limitations set forth in Section 10- 1.504. 10-1.904. Conditional Uses and Structures (a) California Nonprofit Public Benefit Corporations. The following conditional uses and structures shall be allowed with a conditional use permit subject to the approval of the Planning Commission, and the issuance of a permit thereof pursuant to the provisions of this chapter: 1. Seasonal concerts. 2. Commercial Stable, Boarding of horses and riding lessons as defined in Section 6-1- 902 of the Town of Los Altos Hills Municipal Code; and consistent with regulations contained in Section 6-1.906 of the Town of Los Altos Hills Municipal Code and DRAB Page 4 of 4 when deemed appropriate by the Planning Commission to meet the needs of the residents of the Town for stabling facilities. 3. Periodic sale of crafts, food, books, t -shirts, gifts and other items related to agricultural, environmental and multi -cultural programs and events on-site that extends beyond one (1) day and includes more than five (5) outside vendors. (b) Primary Dwellings. The conditional uses and structures under section 10-1.703 shall be allowed with a conditional use permit subject to the approval of the Planning Commission, and the issuance of a permit thereof pursuant to the provisions of this chapter. 10-1.905. Area, Coverage, Height and Setback Limitations (H -V). See Article 5 Section 10- 1.502 through 508 of this chapter for the applicable provisions. 10.1-906. Amendment of the Hidden Villa Overlay District. Any amendment to this Article shall be subject to Section 10-1.1013 and specifically shall be subject to Planning Commission and City Council review and approval. Attachinent 5 TOWN OF LOS ALTOS HILLS NEGATIVE DECLARATION PROJECT TITLE: Amendment to the Los Altos Hills General Plan Land Use Element and Urban Service Area; Amendment to. the Zoning Ordinance to create Hidden Villa Overlay District; and Prezoning of Lands of Hidden Villa. NAME AND ADDRESS OF PROJECT SPONSOR: Town of Los Altos Hills, 26379 Fremont Road, Los Altos Hills, California 94022 LOCATION OF PROJECT: Unincorporated Santa Clara County lands bounded by the Town of Los Altos Hills to the north and east, City of Palo Alto to the west and unincorporated Santa Clara County to the south. PROJECT DESCRIPTION: Amendment to the Town of Los Altos Hills General Plan Land Use Element; Amendment to the Urban Service Area Boundary to include Lands of Hidden Villa, Assessor Parcel Numbers: 351-36-024 and 351-36-020 designating the new area within the Urban Service Area as: Residential (R); Amendment to the Los Altos Hills Municipal Code (Title 10, Chapter 1, Zoning) to create a new Overlay Zone District: HV -Hidden Villa; Prezoning a portion of Lands of Hidden Villa: two unincorporated parcels (213.89 acres) bounded by the Town of Los Altos Hills to the north and east, City of Palo Alto to the west and unincorporated Santa Clara County to the south, encompassing Assessor Parcel Numbers: 351-36-024 and 351- 36-020, to the R -A Residential -Agricultural District with the HV -Hidden Villa Overlay Zone. No physical changes are proposed as a part of this prezone application MITIGATION MEASURES, IF ANY, INCLUDED IN THE PROJECT TO AVOID POTENTIALLY SIGNIFICANT EFFECTS: The project is not anticipated to have any potentially significant effects on the environment and therefore no mitigation measures are proposed. The Town. of Los Altos Hills has completed a review of the proposed project, and on the basis of the attached Initial Study, has determined that the project will not have a significant effect upon the environment for the following reasons: a. For the reasons specified in the attached Initial Study (Exhibit "A"), the project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal species, or eliminate important examples of the major periods of California history or pre -history. b. For the reasons specified in the attached Initial Study (Exhibit "A"), the project does not have the potential to achieve short-term goals to the disadvantage of long-term environmental goals. c. For the reasons specified in the attached Initial Study (Exhibit "A"), the project does not have impacts which are individually limited but cumulatively considerable. d. For the reasons specified in the attached Initial Study (Exhibit "A"), the project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. T Debbie Pedro, AICP, Planning Director Date TOWN OF LOS ALTOS HILLS Circulated on: April 15, 2010 Adopted on:, INITIAL STUDY Initial Study Checklist & References Lands of Hidden Villa Town of Los Altos Hills -Planning Department 26379 Fremont Road Los Altos Hills, CA 94022 April 15, 2010 Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 2 of 23 Iii accordance with the policies regarding implementation of the California Environmental Quality Act of 1970, this document, combined with the attached supporting data, constitutes the initial study on the subject project. This initial study provides the basis for the determination of whether the project may have a significant effect on the environment. -If it is determined that the project may have a significant effect on the environment, an . environmental impact report will be prepared which focuses on the area of concern identified by this initial study. If it is determined that the project would not have a significant effect on the environment, it is eligible for a Negative Declaration. If it is determined that the proposed project could have a significant effect on the environment, however, the significant effects of the project have been reduced to a less -than - significant level because revisions in the project have been made by or agreed to be the project applicant, then the project would be eligible for a Mitigated Negative Declaration. Environmental Checklist Form 1. Project Title: Amendment to the Los Altos Hills General Plan Land Use Element and Urban Service Area; Amendment to the Zoning Ordinance to create Hidden Villa Overlay District; and Prezoning of Lands of Hidden Villa. 2. Lead Agency Name and Address: Town of Los Altos Hills, 26379 Fremont Road, Los Altos Hills, California 94022 3. Contact Person and Phone Number: Debbie Pedro, AICP, Planning Director (650) 941- 7222 4. Initial Study prepared by: Cynthia Richardson, Consulting Planner 5. Project Location: Unincorporated Santa Clara County lands bounded by the Town of Los Altos Hills to the north and east, City of Palo Alto to the west and unincorporated Santa Clara County to the south, encompassing 213.89 acres along Moody Road. Assessor Parcel Numbers: 351-36-024 and 351-36-020. 6. Project Sponsor's Name and Address: Town of Los Altos Hills, 26379 Fremont Road, Los Altos Hills, California 94022. 7. General Plan Designation: Existing Santa Clara County — Hillside; Proposed Los Altos Hills - R -Residential low to very low. 8. Zoning: Existing Santa Clara County HS -sr, Hillside with a scenic road combining district; Proposed Los Altos Hills R-A/HV, Residential -Agricultural with a Hidden Villa Overlay District. 9. Description of Project: Amendment to the Town of Los Altos Hills General Plan Land Use Element; Amendment to the Urban Service Area Boundary to include Lands of Hidden Villa, Assessor Parcel Numbers: 351-36-024 and 351-36-020 designating the new area within the Urban Service Area as: Residential (R); Amendment to the Los Altos Hills Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 3 of 23 Municipal Code (Title 10, Chapter 1, Zoning) to create a new Overlay Zone District: HV - Hidden Villa; Prezoning a portion of Lands of Hidden Villa: two unincorporated parcels (213.89 acres) bounded by the Town of Los Altos Hills to the north and east, City of Palo Alto to the west and unincorporated Santa Clara County to the south encompassing Assessor Parcel Numbers: 351-36-024 and 351-36-020, to the R -A Residential -Agriculture District with the HV -Hidden Villa Overlay Zone. 10. Surrounding Land Uses and Setting: The unincorporated Hidden Villa -area is a hillside area that is presently developed with the Hidden Vila nonprofit educational organization. The area is characterized by hilly terrain and dense vegetation. The adjacent Town of Los Altos Hills is a single-family residential community with similar vegetative and topographic features. 11. Other public agencies whose approval is required: Santa Clara County Local Agency Formation Commission. Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 4 of 23 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ® Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology /Soils ❑ Hazards & Hazardous ❑ Hydrology / Water Quality ❑ Land Use / Planning Materials ❑ Mineral Resources ❑ Noise ❑ Population / Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities / Service Systems ❑ Mandatory Findings of Significance This Initial study has been prepared in accordance with the California Environmental Quality Act. Information and conclusions in the Initial Study are based upon staff research and the Town's General Plan and Municipal Code. DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at ❑ least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there ❑ WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Signature: Date: April 15, 2010 Debbie Pedro, AICP, Planning Director Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 5 of 23 I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a ❑ ❑ ❑ Q scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock ❑ ❑ ❑ Q outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual ❑ ❑ ❑ Q character or quality of the site and its 3 f 7 � 3 � tit '�:� � Si nt�icant�'' g� � r� .Signtficanf< No Impacts glare which would adversely affect day or 11linga�tion-, DISCUSSION: No physical changes will be made to the property with this project. The project would not lead to a new source of substantial light or glare. The potential visual impact of uses allowed by the project would be subject to the same standards and review as for the existing General Plan Designation and Zoning of the County of Santa Clara. .„ fi " ncorporahon v K 0 None I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a ❑ ❑ ❑ Q scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock ❑ ❑ ❑ Q outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual ❑ ❑ ❑ Q character or quality of the site and its surroundings? d) Create a new source of substantial light or ❑ ❑ ❑ Q glare which would adversely affect day or nighttime views in the area? DISCUSSION: No physical changes will be made to the property with this project. The project would not lead to a new source of substantial light or glare. The potential visual impact of uses allowed by the project would be subject to the same standards and review as for the existing General Plan Designation and Zoning of the County of Santa Clara. The proposed project will have no foreseeable impact on aesthetics. MITIGATION: None Sources: 1,2,5,6 Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 6 of 23 ! ( ! C )i 1 ,I`. t• ^^k `{.'K�'r kY j YE Sfi 1'`c.. j5ik. f� i44i Y.. i Ski 111' R 4 -.� }�t.. s. ^U h "'c1,4b 'a"?t 5�,x� H. AGRICULTURE RESOURCES— Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared ❑ ❑ ❑ Q pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural ❑ ❑ ❑ Q use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or ❑ ❑ ❑ Q nature, could result in conversion of Farmland, to non-agricultural use? DISCUSSION: The proposed project would not result in a net loss of prime agricultural land. The site (Assessor Parcel Number 351- 36-024 and -025) has previously been subject to the Williamson Act (contract number 76.077) however the property owner entered into an Open Space Conservation Easement contract with Santa Clara County on September 2, 2008 which replaced the Williamson Act contract. No physical changes will be made to the property with this project. The proposed project will have no foreseeable impact on agricultural resources. MITIGATION: None Source: 8 Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 7 of 23 M. AIR QUALITY -- Would the project: a) Conflict with or obstruct implementation of the ❑ 'Phan ❑ Z applicable air quality plan? °potentially k '^ 4 M Less �'han�` s b) Violate any air quality standard or contribute Significant ?r Si n�i"icant with 3„� F substantially to an existing or projected air quality s 5 , S�gmficant No Impact x, _ y', `Impact 'a t�gattonxImpacf t J Fyr -' Incorporat►on a r {r r s s, M. AIR QUALITY -- Would the project: a) Conflict with or obstruct implementation of the ❑ ❑ ❑ Z applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality ❑ ❑ ❑ Q violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality ❑ Ll Ll Q standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? ❑ ❑ ❑ Q e) Create objectionable odors affecting a ❑ ❑ ❑ Q substantial number of people? DISCUSSION: No physical changes will be made to the property with this project. The proposed project will have no foreseeable impact on air quality. MITIGATION: None Source: 9 Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 8 of 23 . y R '::,. }J "' i�C SJ �'Ii�,� S �.�� 2 4 :(; J� 1 xrt �t it bA' M� { ,4 � 7, ✓:S 'SYii�1 Y. f �� T,�, �iI _{ species identified as a candidate, sensitive, or ❑ ❑ ❑ Q special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Sigmfican# Wildlife Service? iii^.• b) Have a substantial adverse effect on any riparian habitat or other sensitive natural � � r < 1C 1 11 � C t i143n 't, M} 1 r.��.. l J R T i�in a�`L ' ti .� }'� "�(` iC5 v^ ' S i ,pm aL`tb r4 a :u F { � F S policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or ❑ ❑ ❑ Q special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, ❑ ❑ ❑ Q policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited ❑ ❑ ❑ Q to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife ® ❑ ❑ Q species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances ❑ ❑ ❑ Q protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community ❑ ❑ ❑ Q Conservation Plan, or other approved local, regional, or state habitat conservation plan? DISCUSSION: The change in designation would not impact any natural habitat areas, require the removal of significant trees, or lead to other biological impacts. Future development of the site would be subject to further environmental review and development would be subject to compliance with Town standards. No physical changes will be made to the property with this project. The proposed project will have no foreseeable impact on biological resources. MITIGATION: None Sources: 1,2,3,5,6,10 0 Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 9 of 23 V. CULTURAL RESOURCES — Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in ❑ ❑ ❑ Q '15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource ❑ ❑ ❑ Q pursuant to 'l 5064.5? �. �,�, � ti �.. � Bncorporat►on � �: �. t; � � ❑ ❑ Q V. CULTURAL RESOURCES — Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in ❑ ❑ ❑ Q '15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource ❑ ❑ ❑ Q pursuant to 'l 5064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique ❑ ❑ ❑ Q geologic feature? d) Disturb any human remains, including those ❑ ❑ ❑ Q interred outside of formal cemeteries? DISCUSSION: No physical changes will be made to the property with this project. The proposed project will have no foreseeable impact on Cultural Resources. MITIGATION: None Sources: 3,5,16 Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 10 of 23 VI. GEOLOGY AND SOILS — Would the project: a) Expose people or structures to potential Less Than h e a C 3r otentiall Yr s ti Less Than r n ,� Y 2L k (1 gam' 171 �canf mi i CS Mii�ga Signif can# leo Impact f ' n�aa 4E s r ons Impacts x , $mpnact Earthquake Fault Zoning Map issued by the State VI. GEOLOGY AND SOILS — Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of ❑ ❑ ❑ Q loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other ❑ ❑ ❑ Q substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ Q iii) Seismic -related ground failure, including ❑ ❑ ❑ Q liquefaction? iv) Landslides? ❑ ❑ ❑ Q b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ ❑ Q c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- ❑ ❑ ❑ Q or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or ❑ ❑ ❑ Q property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water ❑ ❑ ❑ Q disposal systems where sewers are not available for the disposal of waste water? DISCUSSION: No physical changes will be made to the property with this project. The proposed project will have no foreseeable impact on Geology and Soils. MITIGATION: None Sources: 12 Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 11 of 23 VII. HAZARDS AND HAZARDOUS MATERIALS -- Would the project: a) Create a significant hazard to the public or the ❑ ❑ ❑ Q environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset ❑ ❑ ❑ Q and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or ❑ x ess Than ❑ Q waste within one-quarter mile of an existing or f r ' Less Tuan ,, , proposed school? iicantwith ni� t t. � �, ���.�' � }� �M[rt►gatton S�gmfican`t, � No Impacf t � .� �z� �,mL} �,�,�r 4 rf a � � Impact Y s F � � , Government Code Section 65962.5 and, as a ❑ or}iorat�on ❑ Q result, would it create a significant hazard to the 7s5� r .- ,..1,. ?� VII. HAZARDS AND HAZARDOUS MATERIALS -- Would the project: a) Create a significant hazard to the public or the ❑ ❑ ❑ Q environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset ❑ ❑ ❑ Q and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or ❑ ❑ ❑ Q waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a ❑ ❑ ❑ Q result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use ❑ ❑ ❑ Q airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard ❑ ❑ ❑ Q for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response ❑ ❑ ❑ Q plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ Q urbanized areas or where residences are intermixed with wildlands? DISCUSSION: No physical changes will be made to the property with this project. The proposed project will have no foreseeable impact on Hazards and Hazardous Materials. MITIGATION: None Sources: 13 Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 12 of 23 t a ❑ Less Than Q F r� wofentially� Q Less Thane ❑ � � � � ���•� .� � �'' �, ��; s 4�� � Mgmican# ❑ Signa Iinpac# f 4 ® ❑ scan# Jo ❑ ® ® Q VIII HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ Q ❑ ❑ ❑ Q ❑ ❑ ❑ Q ❑ ❑ ❑ Q ❑ ❑ ❑ Q ❑ ❑ ❑ Q ❑ ❑ ❑ ® ❑ ❑ 0 ❑ ® ® Q Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 13 of 23 DISCUSSION: No physical changes will be made to the property with this project. The proposed project will have no foreseeable impact on hydrology and water quality. MITIGATI®N: None Sources: 2,14 Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 14 of 23 .j t G l .. a ! uj�� S =7. 4� �' �r 5 ^4 j vaLS-S 3�^S l�h S�'SAµ �'.�vi L-f�5 ?1 i3'a 5:s 1 lJ 1 . 1F,. x�.. y� 2 41 { 1'+'t� t -: t^ ' �•1 �i Less Than Yd 1 P�teuhAll" Less Phan Y� 51N, z �" �� , }Mttigatton Impact � 3 s x rpnra � k IX. LAND. USE AND PLANNING -- Would the project: a) Physically divide an established community? ❑ ❑ ❑ Q b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local ❑ ❑ 0 ❑ coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community ❑ ❑ ❑ Q conservation plan? DISCUSSION: The project proposes to prezone a portion of the Hidden Villa property (Assessor Parcel Numbers: 351-36-024 and 351-36-020) to R -A (Residential Agriculture) with a Hidden Villa Overlay District. No physical changes will be made to the property with this proposed project. Creation of the Hidden Villa Overlay Zoning District will establish more restrictive development standards than those found in the Town's R -A Zone. Such increased restrictions are: increased lot size, limitation on residential development potential, provisions for non-profit educational use as a permitted use and limitation on development of slopes greater than 20%. Permitted uses contained in the new ordinance are those uses currently in existence under the Hidden Villa organization. If the subject property is annexed into Los Altos Hills, the maximum potential number of primary dwelling units on the area annexed will be restricted to four (4) and the maximum number of parcel developed for nonprofit use will be restricted to one (1). MITIGATION: None Sources: 4,5,6 Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 15 of 23 X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the ❑ ❑ ❑ region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site ❑ ❑ Ll delineated on a local general plan, specific plan or other land use plan? DISCUSSION: No physical changes will be made to the property with this project. The proposed project will have no foreseeable impact on mineral resources. MITIGATION: None Sources: 5,6 'T ly s s, an% Xe§ T Less NO; "S* Me St Ing!IT10 lyngatio, JImpactl Yncorporatron "n X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the ❑ ❑ ❑ region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site ❑ ❑ Ll delineated on a local general plan, specific plan or other land use plan? DISCUSSION: No physical changes will be made to the property with this project. The proposed project will have no foreseeable impact on mineral resources. MITIGATION: None Sources: 5,6 Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 16 of 23 XI. NOISE --Would the project result in: a) Exposure of persons to or generation of noise X NZ Than levels in excess of standards established in the ❑ Less' p � , local general plan or noise ordinance, or applicable standards of other agencies? Signrficant Signif cant No Impact b) Exposure of persons to or generation of �� � � moi. ❑ ❑ ❑ Q >�� ,i-£.2`_l� �.'{.lari., .! x A'.�,�^•+.�, 3`Y :`1 _! ¢ ..,�...v i'� i.�?`?i,Y .< �a�, 4k�y, .. 3,..�. - .. �._.'s �'.z'a i`a"�.Y. sL.t :. '� ae .,.5_'. XI. NOISE --Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the ❑ ❑ ❑ Q local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome ❑ ❑ ❑ Q noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels ❑ ❑ ❑ Q existing without the project? d) A substantial temporary or periodic .increase in ambient noise levels in the project vicinity above ❑ ❑ ❑ Q levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use ❑ ❑ ❑ Q airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing ❑ ❑ ❑ Q or working in the project area to excessive noise levels? DISCUSSION: No physical changes will be made to the property with this project. The proposed project will have no foreseeable impact on noise. MITIGATION: None Sources: 5,6 Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 17 of 23 XII. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for ❑ ❑ Q ❑ example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of ❑ ❑ ❑ Q replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement ❑ ❑ ❑ Q housing elsewhere? DISCUSSION: Under current County zoning regulations, the residential density allowed could be up to 2-3 units. If the subject property is annexed into Los Altos Hills, the maximum number of primary dwelling units on the area annexed will be restricted to four (4) and the maximum number of parcel developed for nonprofit use will be restricted to one (1). Based on an average of 2.86 persons per household, a potential increase of four additional residential units on the property will be a negligible increase in population. Currently the property is used for an educational non-profit learning facility, there is no proposed change to this use with the proposed project. MITIGATION: None Sources: 2,3,4,5 rPotent�a�lly i t'{ S�gmfieant W)th yf) 5 f 4 '� Y T• C T L vC3 y} vW#N.. F A e* .. x �((x f Incor}toration i y a Y 2 , XII. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for ❑ ❑ Q ❑ example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of ❑ ❑ ❑ Q replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement ❑ ❑ ❑ Q housing elsewhere? DISCUSSION: Under current County zoning regulations, the residential density allowed could be up to 2-3 units. If the subject property is annexed into Los Altos Hills, the maximum number of primary dwelling units on the area annexed will be restricted to four (4) and the maximum number of parcel developed for nonprofit use will be restricted to one (1). Based on an average of 2.86 persons per household, a potential increase of four additional residential units on the property will be a negligible increase in population. Currently the property is used for an educational non-profit learning facility, there is no proposed change to this use with the proposed project. MITIGATION: None Sources: 2,3,4,5 Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 18 of 23 to 9a i - � ''k d -:t x "aFJ`�' ..r 5 r �, 7 R i �• lr'�x IA _ °', ta, r�aky£a'� - - �` "4 �iv'i t " yiu.}2.l j >{-'�. n i kLre$$r.,l�llan r z.. �) V+�` t sz rcv:..'h k vit x 1 -; 2y1 ".v. i.,a i r - ,•, .t7t C .d''N 4+c i TCubk,,,, ti �� z �� x � � aL"� �� z ��a u�t• '� y4 i:,.-� e� a•i ,yi z o'tentialy is t i ,� �;.�.'` { � r � 1,ess Than r �-...� , n � Schools? ❑ Sign�ticant�vuiih s Q Parks? ❑ ❑ ❑ Q Other public facilities? �n. ❑ ❑ Q ..L" .. :r.; .4,.. .,, :. .:.4. r.t.':. rt :•, `•:` �rlA.•s.::`%%. _'Nsr:.,(:. .�, ,:., r.r ... yr..�.:�.:v a.T .., .. �..; .��,..,u I. ,..f ..^. ,+,K,.. ..'.�,<...F .. r. CY. XIII. PUBLIC SERVICES— Would the project: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: ❑ ❑ ❑ Q Fire protection? ❑ ❑ ❑ Q Police protection? ❑ ❑ ❑ Q Schools? ❑ ❑ . ❑ Q Parks? ❑ ❑ ❑ Q Other public facilities? ❑ ❑ ❑ Q DISCUSSION: The proposed project will not have a foreseeable impact on any public service or facility, nor substantially alter government facilities, or the provision of public services. The Urban Service Boundary will be moved to match the Los Altos Hills County Fire District boundary. All other services and facilities that are currently being provided will remain the same. MITIGATION: None Sources: 2,3 Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 19 of 23 XIV. RECREATION -- Would the project: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of ❑ Ll ❑z recreational facilities which might have an adverse physical effect on the environment? DISCUSSION: No physical changes will be made to the property with this project. The proposed project will have no foreseeable impact on recreation. It would not affect land designated for parks or recreational purposes. MITIGATION: None Sources: 5,6 a NIncorporation, XIV. RECREATION -- Would the project: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of ❑ Ll ❑z recreational facilities which might have an adverse physical effect on the environment? DISCUSSION: No physical changes will be made to the property with this project. The proposed project will have no foreseeable impact on recreation. It would not affect land designated for parks or recreational purposes. MITIGATION: None Sources: 5,6 Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 20 of 23 WAY Lfi z� d>�Less khan k� 41 yy �,; i f{ } '. c a A, essThan U4 K Ngn�iicant�th,. r { Sigmfican# at intersections)? �TTo�im�pact .� ���t �4 �. >, � t „ ;,T`mpact-.�� � �. is s z_ i..'" , .ltt 3 �.,<,,•.°, r� ,�� �.r_,� n � C �, �e� ,� A pcorporatlon , � � � x XV. TRANSPORTATION/TRAFFIC — Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial ❑ ❑ Q increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county ❑ ❑ ❑ Q congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a ❑ ❑ ❑ Q change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous ❑ ❑ ❑ Q intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ Q f) Result in inadequate parking capacity? ❑ ❑ ❑ Q g) Conflict with adopted policies, plans, or programs supporting alternative transportation ❑ ❑ ❑ Q (e.g., bus turnouts, bicycle racks)? DISCUSSION: No physical changes will be made to the property with this project. The proposed project will have no foreseeable impact on transportation and traffic. A potential increase of a maximum of 4 additional single family residences will not result in any significant increase in new traffic to the area. MITIGATION: None Sources: 1,2,3,5 Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 21 of 23 XVI. UTILITIES AND SERVICE SYSTEMS— Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control ❑ ❑ ❑ Q Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction ❑ ❑ ❑ Q of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of ❑ ❑ ❑ Q existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, ❑ ❑ ❑ Q or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the ® ® Q project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste ❑ ❑ ❑ Q disposal needs? g) Comply with federal, state, and local statutes ❑ ❑ ❑ Q and regulations related to solid waste? DISCUSSION: The maximum development potential on the 213 acre property is estimated to be up to 4 residential lots plus one lot for the existing Hidden Villa nonprofit organization. Purissima Hills Water District serves the property and will continue as the water provider. The subject property is located within the Los Altos sewer basin where there have been capacity limitation constraints in the past. However, in 2007, the Town and the City of Los Altos signed a new contract to increase sewer conveyance capacity. Currently, approximately one half of the Town is connected to the sewer system. Due to the slow growth and connection rate (10-15 connections per year), it's been calculated that adequate sewer capacity will be available to all residences within the corporate limits of the Town and its sphere of influence, including Hidden Villa, for the next 30 years. The Town is also worldng with the City of Los Altos to obtain additional conveyance capacity to support the Town's future build -out and anticipates having an amended agreement in about 3-5 years. The nearest sewer line to the subject property is located approximately 1,500 feet away at the comer of Moody Road and Murietta Lane. The property is eligible to receive sewer services after it is annexed into the Town. Future development will be subject to further environmental review and shall comply with Town standards. MITIGATION: None Sources: 1,2,3,15 -� � t t Significant ,� ti Significant � o�mpact � r 'S - _•., , . ,-...._ xr .-Incor oration � XVI. UTILITIES AND SERVICE SYSTEMS— Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control ❑ ❑ ❑ Q Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction ❑ ❑ ❑ Q of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of ❑ ❑ ❑ Q existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, ❑ ❑ ❑ Q or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the ® ® Q project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste ❑ ❑ ❑ Q disposal needs? g) Comply with federal, state, and local statutes ❑ ❑ ❑ Q and regulations related to solid waste? DISCUSSION: The maximum development potential on the 213 acre property is estimated to be up to 4 residential lots plus one lot for the existing Hidden Villa nonprofit organization. Purissima Hills Water District serves the property and will continue as the water provider. The subject property is located within the Los Altos sewer basin where there have been capacity limitation constraints in the past. However, in 2007, the Town and the City of Los Altos signed a new contract to increase sewer conveyance capacity. Currently, approximately one half of the Town is connected to the sewer system. Due to the slow growth and connection rate (10-15 connections per year), it's been calculated that adequate sewer capacity will be available to all residences within the corporate limits of the Town and its sphere of influence, including Hidden Villa, for the next 30 years. The Town is also worldng with the City of Los Altos to obtain additional conveyance capacity to support the Town's future build -out and anticipates having an amended agreement in about 3-5 years. The nearest sewer line to the subject property is located approximately 1,500 feet away at the comer of Moody Road and Murietta Lane. The property is eligible to receive sewer services after it is annexed into the Town. Future development will be subject to further environmental review and shall comply with Town standards. MITIGATION: None Sources: 1,2,3,15 Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 22 of 23 XVII. MANDATORY FINDINGS OF SIGNIFICANCE — Would the project: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant ❑ ❑ ❑ Q or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are ❑ ❑ ❑ Q considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on ❑ ❑ ❑ Q human beings, either directly or indirectly? DISCUSSION: The project does not have any foreseeable cumulative or unmitigated impacts as defined in this Initial Study. This project would not have the potential to substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate the important examples of the major periods of California history or prehistory. MITIGATION: None Sources: 1-18 ,1,�% Significant witbT r { �,4 Apfi1 h 1Eh 4'� �I ignific lif �, r z Slgmficant 1�o Impact -�� � corp�Yatlan XVII. MANDATORY FINDINGS OF SIGNIFICANCE — Would the project: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant ❑ ❑ ❑ Q or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are ❑ ❑ ❑ Q considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on ❑ ❑ ❑ Q human beings, either directly or indirectly? DISCUSSION: The project does not have any foreseeable cumulative or unmitigated impacts as defined in this Initial Study. This project would not have the potential to substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate the important examples of the major periods of California history or prehistory. MITIGATION: None Sources: 1-18 Town of Los Altos Hills Initial Study Lands of Hidden Villa April 15, 2010 Page 23 of 23 Source List: 1. Field Inspection 2. Project Plans 3. Planner's Knowledge of the Area 4. Los Altos Hills Land Use and Zoning Map 5. Los Altos Hills General Plan 6. Los Altos Hills Municipal Code 7. Assessor's Maps, Office of County Assessor, Santa Clara County, 2006-2007 8. State Department of Conservation, Farmland Mapping and Monitoring Program 9. BAAQMD CEQA Guidelines: Assessing the Air Quality Impacts of Projects and Plans, December 1999 10. State Department Fish and Game CNDDB Map 11. Santa Clara Valley Water District Map 12. Geotechnical and Seismic Hazard Zones Map of Los Altos Hills, Cotton Shires and Associates, Dec -2005 13. DTSC Hazardous Waste and Substance Sites List, California Environmental Protection Agency 14. Federal Emergency Management Agency, Flood Insurance Rate Map, Los Altos Hills, May 18, 2009 15. Sanitary Sewer Map, Town of Los Altos Hills Engineering Department 16. Santa Clara County Municipal Code Chapter II Indian Burial Grounds (Title B Division B-6) 17. CEQA Guidelines, 2009 18. Google Earth p 5.� AMER/CN 1 first American Title Company Reference No.: 394479 County: Santa Clara . Plotted Easements Legend N PIQ W E 12/11/1980 Bk "F"784 Pg273 1(7771 (Ingress & Egress) S 11/23/1983 Bk "1"096 Pg280(Open Space - Not Plottable) -_lH "1" +_,_ 11/23/1983 Bk 096 Pg291 (Open Space - Not Plottable) 07/24/1987 Bk "K"236 Pg1516 �= • - - (Open Space - Not Plottable) rc /23/1989 Bk "K"960 Pg743 z °F` (Public Street) 03/04/1994 # 12386684 (Open Space - Not Plottable) Tax ID: 351-36-021 & 020 Map Not This map may or may not be a survey of the land depicted hereon. You should not rely upon it for any purpose other than orientation Short Legal: Parcel 1 Parcel Map Bk635 Pg1-2 To Scale to the general location of the parcel or parcels depicted. First American Title expressly disclaims any liability for alleged loss or damage which may result from reliance upon this map. AA A M E Q.5 �. First American Title Company Reference No.: 420636 County: Santa Clara Plotted Easements Legend N PARCEL ONE PARCEL TWO W E PARCEL THREE S PARCEL FOUR PARCEL FIVE PARCEL SIX PACR SEVEN PARCEL SEVEN PARCEL EIGHT Not Plottable 11/25/1964 BK6755 Pg395 (Communication) ` 12/03/1982 # 7533756 Bk H183 Pg157 (Open Space- Not Plottable) MMELoNE `AMELFO R 12/03/1982 # 7533757 BK H183 Pg167 - (Open Space- Not Plottable) EAMELSIX _ 07/24/1987 # 9368822 BK K236 Pg1516 _ (Not Plotted-Aff.App Ease) 07/24/1987 # 9368823 Bk K236 Pg1527 (Open Space- Not Plottable) 08/21/1992 # 11508797 MEL r= Bk M340 Pg470 (Public Trail- Not Plottable) 03/04/1994 # 12386684 Bk N333 Pg1666 i (Conservation- Not Plottable) 09/02/2008 # 19978374 (Open Space) Tax ID: 351-04-017,18,19,28,29 & 351-06-002,001,023 & 024 Map Not This map may or may not be a survey of the land depicted hereon. You 'should not rely upon it for any purpose other than orientation Short Legal: A Portion of County of Santa Clara To Scale to the general location of the parcel or parcels depicted. First American Title expressly disclaims any liability for alleged loss or damage which may result from reliance upon this map. CERTIFICATE Or ACCEPTANCE (GOVERNMENT CODE SFC. 27282) s�'�SQ8 hll g8 FOR RECORD i„�-, ' A3 HGVT a CODUTy t• '!.,N11 RECggOrR 77ris is to certify that the interest in mat property conve ed b the foregoing deed, grant or other instnrment dated The Trust for x't cIden cella. a -,iifnrni from Corporation to the MII3PENINSULA REGIONAL OPEN SPACE DISTRICT, a public district, is hereby accepted by the undersigned on behalf of the District pursuant to authority conferred by resolution or the Huard of Directors of the Midpeninsula Regional Open Space District bearing No. 83-4 'adopted on Hamiamber te _,-_x.963, and said District consents to recordation thereof. Dated November 22 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1 By I��1)� I'-Maan. ttuard of on —iiih r recording, return to: aninsuia Regional Open Space District --o Jistel Circle, Suite D-1 Los altos, CA 94022 (Attn: L. Craig Britton) DULL' Ai7 Pur.ire T ,rs :i: "Ranch Area" ,y Recitals _: _ _ Recitals WHEREAS, 09 6 1. The undersigned, THE TRUST FOR HIDDEN VILLA, a California non-profit corporation, hereinafter called "GRANTOR", is the owner of a remainder interest in and to that certain real property hereinafter called the "Subject Property", situated in the County of Santa Clara, State of California, more particularly described in Exhibit "A" and shown on Exhibit 'B" attached hereto and incorporated herein by this reference, which remainder interest follows a life estate interest of Frank B. Duveneck in such property. 2. It is the desire of GRANTOR to grant to MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district, hereinafter called DISTRICT", an open -space easement on, upon, over, across and under said Subject Property pursuant to Chapter 6.6 (coaanencing with Section 51.070) oE Part 1, Division 1, Title 5 Of the Government Code, 3. GRANTOR and DISTRICT recognize the scenic, aesthetic and special character of the region in which their respective properties are located, and have the common purpose of conserving the natural values of their respective properties by the conveyances of an open -space easement on, over, and across the Subject Property which shall conserve and protect the animal, fish, bird and plant population of the Subject Property to the degree compatible with GRANTOR's educational and recreational program. 4. GRANTOR operates a program of education and recreation which is consistent, with the purposes o£ the Open Space Easement Law, and wants to ensure that this easement will not interfere with its continued use of the Subject Property for that program. NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, GRANTOR hereby grants to the DISTRICT an open -space easement, over the Subject Property in perpetuity on the following terms and conditions: 1. Reservation of Use b GRANTOR GRANT r eservesc ;.�g t to use the Subject Property in any manner consistent with the stated purposes, terms, Ik� k< I o ,. mss. I 0-96:!'GF 2-9lJ �D conditions, restrictions and covenants of this easement and with existing zoning and other laws, rules and regulations of the State of California and the County of Santa Clara, or other agarcy having- jurisdiction, as such laws, rules and regulations may hereafter from time to time be amended. GRANTOR further specifically reserves the right to do the following, such right in no way to be considered as a limitation of the general reservation of right described in the preceding paragraph; ! (a) Develop and utilize the Subject Property for educational and recreational purposes i but not limited to hiking, riing, i including r sporting events, swimming, cam in' picnicking, i programs and youth hostel operation,yauth retreat and conference center, educational projects including but not limited to farm tours, agricultural experimentation and development, development of arts, crafts and related activities, and for fund raising activities associated with GRANTOR. (b) Construct and maintain such facilities as needed to pursue the above stated purposes. 2. Limitations on use b GRANTOR GRANT R� covenants an agrees or itself and its successors and assigns, that GRANTOii shall not-. (a) Construct or maintain on or within the Subject Property advertising signs of any, kind or nature except for identification purposes consistent with the use of the Subject Property for educational and recreational uses. (b) Construct on the Subject Property any commercial or industrial structure including any hotel, inn, condominium or rental apartment project e=cept such Structures (for example new and/or additional facilities hostelfor the existing youth asare,compatible withctheeeGRRANTOR'stercontinued undersSectiona501(c)(3)organization 0 the as defined Code. Revenue (c) Use or authorize the use of the Subject Property as a dumpsite except for such organic dum is compatible with the operation of a ranping as ch or farm. " Qa 0 r ' f 1096-!GE294 (d) Authorize the use on the Subject Firearms Property of or dangerous weapons by the public. (e) Authorize hunting or exploitation of natural wildlifa on the Subject Property. (f) Authorize the use of fireworks or pyrotechnics on the Subject Property, (o') Authorize on the Subject property the operation vehicles. Toted, destructive, or offensive recreational vehicles. (h) Divide or subdivide the Subject Property or Otherwise convey (other than under threat of condemnation) a portion of the Subject Property less than the whole to one or more parties or convey said Subject Property to two or more Parties etch of whom acquire title to less than the whole of the Subject Property. As used herein "party" means and includes the pe, -son, corDO- parr -11 hl capable of holding title�torreal epiopertyentity (i) Develop, use, or authorize the use of the Subject Property except as the GRANTOR deems necessary for continuation of its education and recreation program as the program is modified from time to time, 3. RTC RRi�igghts of DISTRICT The DISTs a ave the right to periodic inspection of the Subject Property with prior notification of GRANTOR who shall receive in a timely manner a copy of the report of such inspection, 4• Limitations on Use b DISTRICT The -' RI T sna _ not ut���zq t e manner whaatsoever. Subject Property in any 5• No Authorization for Public Tres ass The grant ng o t is easement an •ts acceptance by the DISTRICT does rot authorize, and is not to be construed as authorizing, the public or an or use all ur an Y e 'r t?-ereox to crespsss upon granting to the public n the Subject P?-operty or as p or any Subject thereof any tangible rights in or to the Subject Property or the right to go upon or use or utilize the Subject Property in any manner whatsoever. It is understood that the purpose of this easement is solely to restrict the use to which the Subject Property may be put so that the Subject Property may be kept in its natural condition, subject to continued use by the GRANTOR f recreati :3 one,pores and nd uses, or its educational and "} p z 3 0 tp 6• Enforcement f GRAN gT r ants to DISTRICT the right, but not the obligation, to enter upon the Subject Property for the purpose whatsoever removing any building, structure, improvement or other thing maintained onntheuSubjectrPropertylcontraryotodtheestatedd or Purposes of this easement or to i any term, condition, restriction or covenant of this easement or to prohibit prevent or any activity which is contrary to the stated purposes, terms, conditions, restrictions or covenants of this easementin subject however to thirty (S 0) da by DISTRICT notice byto GRANTOR and further subject touobtsinin toobtaining authorization before i' commence DISTRICT. of any action byourt +� The stated purposes, terms, conditions; restrictions and covenants set forth herein and each and all of them may be Superior'Cocifically or jofnCalifed in urtnOfrthe Stateced orniReedings the 7- Mutual Indemnitv Each party s a n emnify and hold harmless the other from any and all claims fra;isi, ar under the auspices of. Che indoutO iactivities conducted by $. Condemnation Ir, the event t at any portion of that land presently known as Hidden Villa Ranch and owned by The :rust for Hidden Villa and/or Frank Duveneck during the term of this easement sought to be is condemned for public use, this easement and each and ever Y term, condition, restriction � and covenant contained herein shall terminate as of the time of the filing of complaint in condemnation. the The GRANTOR shall be entitled to such compensation for the taking as it would have been entitled to, had the Subject Property not been burdened by this easement; provided, however, that each and every stated term, condition, restriction and covenant of this easement shall be observed by GRANTOR, its successors 13 c or assigns, during the pendency of such action and provided further that in the event such action is abandoned prior to the recordationin Judgement in Condemnation relative a Final to any such property or Portion thereof and not actually acquired for a public use, Subject Property the shall, at the time of such abandonment, or at the time it is determined that ' such property shall not be takenn, for public use, once agaibe Vis___ each lec Lo this and every stated ur ose,y4 easement and to covenant of tfii P P term, condition: restriction and Subject property `asemei)t; provided, however, that if rhe P- 5 sought to be acquired, appropriated, or Use condemned for use incompatible with this as defined open space easement herein, by any other public or quasi -public entity, the presumptions contained in Section 1240.630 of the Code of Civil Procedure and Section 554.5 of. the Public Resources Code may be asserted by DISTRICT cc protect its interest J in the 4 cD A; ka Subject Property, .and preserve thereof. the open space character 9. Enforceable Restriction an restrictionThisaandecovenant acont nedehereinmconstitutes,an enforceable restriction pursuant to the provisions Of Article XIII of the California of Section 8 Constitution and Chapter 6,6 (commencing with Section 51070)o£ Part 1, Division 1, Title 5 of. the C-Overucent Code and shall bind C29NTOR and its sucessors and assigns and each and all to run with the land. of them and is intended GRANTOR., THZ TRUST FOR HIDDEN VILLA, a California non-profit corporation: By Pres a Date: /IAB xGwLC c(,L !_Lj, Directors, oar o$ STATE OF CALIFORNIA ) COUNTY OF ) ss - On U 1983, before the undersigned, a Notary 2 131 , or t e- tate of California, personally appeared Iqp_ "Ve known to me to be the name is su seri a to the within instrument, and acknowlPerson edged ttlat executed the same , OFFICIAL SEAL DEBORAH LYNN COOPER NOTARY PUBLIC -CALIFORNIA SANTA x) COUNTY Idy cunim. nP1 DEC 14, 1959 re 'res ent, oars Data: of Directors STATE OF CALIFORNIA ) COUNTY OF AJ ss. rte' �{ 1tj83, before the undersigned, Noti Pu c or t e are of Californiato me , a �D �r personally appeares neat s su acr �c-i to �[1—e within instrument, and acknowledged the perEon whose that executed the same. OFFiC1AL SEAL A Y�}.. DEBORAH LYNN COOPER ; r• NOTARY PUBLIC - CALIFORNIA C �1 SANTA CLARA COUNTY C Mp comm. DIP I" DEC 14. 198! 5 C ACCEPTED: GRANTEE; MIDPENTNSULA REGIONAL OPEN SPACE DISTRICT, a Public District; By , A— , ­UZU OZ Directors ATTEST: it:q.Date: e Boar T-o—f— Directors .. 6 1 t y ., 1099 •':GL 298 i LEGAL DESCRIPTION -- RANCH AREA All that Real Property situated in the County of Santa Clara, State of California, being more particularly descrik' as follows: ad All that Real Property Described as: PARCEL ONE, PARCEL, '10 and PARCEL THREE as conveyed to Hidden Villa, Inc., a Corporation, from Frank B. Duveneck, as Grantor. thv rift recd M Page 58, serial number 7382216, Official Records of the County ` Of Santa Clara, State of California. EXCEPTING THEREFROK all that land lying Westerly of the most 51esterly line (anti the Southerly prolongation thereof) of that certain 40.675 acre parcel of land as shown on that certain Record of Survey Map recorded March 25, 1982 in Book 497 of Maps, at Page 47, Official Records of the County of Santa Clara, State Of California and lying Southerly of the 640 foot contour line as shown on the Mindego Hill Quadrangle. ALSO EXCEPTING THEREFROM all that land lying Easterly of the most Easterly line (and the Southerly prolongation thereof) of that certain 40.675 acre parcel of land as shown on that certain P,ecord of Survey QiaO recorded March 25, 1982 in Book 497 of Maps, at Page 47, Official Records of the County of Santa Clara, State Of California and lying Northerly of the 640 foot contour line as shown on the Mindego Hill Quadrangle. Said Parcei described herein_ contains 50 acres more or less. 26 `tel. �� 4s5� . /0100 0 6401 ELEVATION mool)y Ro. (3'1 NOV 2 3 M3 LOVU PASTURE. 0 1 " ` �30*- ACRES ENECIC RAMILY AREA ��%40�-RACRES \ rsn I LEVATION Nl— RANCH AREA '50t ACRES ar 7"897607 i tli "cu i i]ft ;tECORn T REOUCST OF Nov 11 ry ' 03 a�• ir.l�:. REW OG CERTIFICATE OF ACCEPTANCE (GOVERNMENT CODE SLC. 27281) 'I -his is to certify that the interest in real property conveyed by the foregoing deed. g —, from rant or othrr inshvmant dated The Trust for Hidden villa a *California Non -Profit Cozmoration to the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district, is hereby accepted by the undersigned on behalf or the District pursuant to authority conferred by resolution or the Board of Directors of the Midpeninsula Regional Open Space District bearing No. 83-49, adop.ed on Noma b x 22. ,1983 - and said District consents to recurda.tior, thereof. Dated November, 22 — 19 83 __, ATTEST: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By 4 rt. JAS t 11—idcm. auunl n1 � � PU,n u ?'ecOT ,.Ycninsul ,5 Distel 'Los Altos, (Attn: L. Craig Britton) DULY R::,. \V.-;.' ;OUT 1—M Cuda ' By,. GRANT OF OPEN -SPACE EASEMENT WITH COVENANTS "Wilderness Area" Recitals WHEREAS, 1. The undersigned, THE TRUST FOR HIDDEN VILLA, a Califoznia non-profit eorporaLion, '-hereinatter called "GRANTOR", is the owner of a remainder interest in and to that certain real property hereinafter called the "Subject Property", situated in the County of Santa Clara, State of California, more particularly described in Exhibit "A" and shown on Exhibit B attached hereto and incorporated herein by this reference, which remainder interest follows a life estate interest of Frank -B. Duveneck in each property. 2. It is the desire of GRANTOR to grant to MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district, hereinatter called "DISTRICT", an open -space easement on, upon, over, across and under said Subject Property pursuant to Chapter 6.6 (cor-unencing wiCh Section 51070) of Part 1, Division 1, Title 5 of the Government Code, 3. GRANTOR and DISTRICT recognize the scenic, aesthetic and special character of the region.in which their respective properties are located, and have the common purpose of conserving the natural values of their respective properties by the conveyances of an open -space easement on, over, and across the Subject Property which shall conserve and protect the animal, fish, bird and plant population and prevent the use or development of Liiat property for any purpose or in any $?anner which would conflict with the maintenance of the Subject P_•_perty in its natural, scenic, open and wooded condition. 4. GRANTOR operates a program of environmental education and recreation which is consistent with the purposes of the Open Space Easement Law, and wants to ensure that this easement will. not interfere with its !:ontinued use of the Subject Property for that program. NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, 1 10-96 GRANTOR hereby grants to the DISTRICT an open -space easement, upon, over and across the. Subject Property in. perpetuity on the following terms and conditions: 1, Reservation of Use by GRANTOR GRANT5K reserves t e rig t to use the Subject 'Property in any manner consistent with the stated purposes, terms, conditions, restrictions atd covenants of this easement and with existing zoning and other laws, rules and regulations of the State of California and the County of Santa Clara, or the agency having Jurisdiction, as such laws, rules and regulations may hereafter from tine to time be amended. GRANTOR further specifically reserves the right to do the tollowi_ng, such right in no way to be considered as a limitation of the general reservation of right described in the preceding paragraph: (a) Build fences and gates of a rustic nature and erect signs as necessary to maintain security of the property; (b) Construct and maintain trails for hiking and riding within the easement area, including both internal trails and connecting trails with adjacent DISTRICT land, such latter trails to be planned under mutual agreement with DISTRICT regarding location; (c) Remove diseased and/or dead plants and trees and remove such timber as may be required for fire prevention, or public health and safety (including a program of controlled burning); (d) Plant native species of plants; (e)' Engage in scientific research and/or gathering of specimens of such a nature and in such a way as to not jeopardize the nat•3ral and scenic character of the property; and (f) Construct, maintain and repair water, collection, storage and distribution systems for use by GRANTOR and the Duveneck Family; (g) Clear up to three (3) acres of brush (but no specimen trees) for the purpose of construction of one "rustic campsite" and one "primitive camp ci tn« each ca!1?n_i to not to exceed or2 ( 1 acre in size, at locations to be determined by GRANTOR, each campsite to be used day or night by no more than 44 persons at one. time; N P 2. Limitations on Use bGRANTOR GRANT covenants an agrees for itself and its successors and assigns, except where contrary to the above described rights specifically retained, GRANTOR shall not do any of the following: (a) Erect, construct, place, or maintain or authorize the erection, construction, placement or maintenance of any improvement, building or structure or any other thing whatsoever on the Subject Property other than such improvements, buildings, structures, or other things existing on said property at the time of the granting of this easement unless approval is first obtained from the DISTRICT for erection of such improvement, building, or structure. (b) Use or authorize the use of the Subject Property for any purpose except as open space and for the continued current use of theroperty for education and recreation, incSudi.ng but not limited to hiking, riding, picnicking, camping, youth hostel, farm tours, and other related activities. 3 co C (h) Provide and maintain portable toilet v facilities within the above referenced "primitive campsite", (i) Drill a well and install. z storage tank for water to be used at the above referenced "rustic i campsite" and/or install water pipes to serve / the campsite; (j) Build and use a £irepit and use camp stoves each of the above referenced campsites; andhin (k) Build a rustic shelter within. the above referenced "rustic campsite" not to exceed 1,000 square feet, together with a storage shed for equipment and firewood; (1) Provide suitable and adequate permanent toilet facilities within the above referenced "rustic campsite"; (m) Use motorised equipment for building the above referenced fences, shelter, and toilet facilities and to maintain and service the property. 2. Limitations on Use bGRANTOR GRANT covenants an agrees for itself and its successors and assigns, except where contrary to the above described rights specifically retained, GRANTOR shall not do any of the following: (a) Erect, construct, place, or maintain or authorize the erection, construction, placement or maintenance of any improvement, building or structure or any other thing whatsoever on the Subject Property other than such improvements, buildings, structures, or other things existing on said property at the time of the granting of this easement unless approval is first obtained from the DISTRICT for erection of such improvement, building, or structure. (b) Use or authorize the use of the Subject Property for any purpose except as open space and for the continued current use of theroperty for education and recreation, incSudi.ng but not limited to hiking, riding, picnicking, camping, youth hostel, farm tours, and other related activities. 3 co C C oss:149E284 (e) Use or authorize others to use the Subject Property or any portion thereof as a parking lot, storage area or dumpsite or otherwise deposit or authorize to be deposited on said Subject Property or any portion thereof temporarily or otherwise anything whatsoever which is not indigenous or natural to said Subject Property. (d) Cover or cause the Subject Property to be covered in whole or in part with any asphalt, stone, or concrete or other material which does not constitute natural cover for the land, and shall not otherwise disturb the natural cover for the land. (e) Fish, trap, hunt, capture, kill or destroy or authorize the fishing, trapping, hunting; capturing or destruction of fish or aquatic life of the Subject Property except in conjunction with scientific research and/or for health or safety purposes, (f) Hunt or trap or authorize the hunting or trapping of animal life on the Subject Property. Pursuant thereto, GRANTOR, its successors or assigns, shall not trap, kill, rapture or destroy or authorize the trapping, killing, capturing or destruction of animal life on the Subject Property except under prior written permission of the County of Santa Clara for health and safety purposes only, (g) Divide or subdivide the Subject Property or otherwise convey (other than under threat of condemnation) a portion of such property less than the whole to cne or more parties or convey said Subject Property to two or more parries each of whom acquire title to less than the whole of the Subject Property. As used herein "party" means and includes the person, corporation, partnership, or other legal entity capable of holding title to real property. (h) Cut, uproot ur remove or authorize the cutting, uprooting or removal of timber or trees or other natural growth found or located on said Subject Property except as may be required for fire prevention, elimination of diseased growth, or construction and maintenance of foot trolls. (i) Excavate or grade or authorize any excavation or grading to be done or place or authorize to be 4 a ' A I placed any sand, soil, rock, gravel or material whatsoever on Subject Property except for constructiop and maintenance of foot trails and the above referenced campsite. (j) Operate or -authorize the operation on the Subject Property of any motor bike, trail bike, go cart, or other motor driven or motor powered vehicles except those motor vehicles reasonably necessary for the use of GRANTOR for the accomplishment of the purposes for which the Subject Property.is used pursuant to the terms and conditions, restrictions and covenants set forth herein for the Subject Property. (k) Place Any advertising signs of any kind or nature on the Subject Property except for identification and directional purposes consistent with the use of the Subject Property as further provided herein. (1) Plant vegetation on the Subject Property except for approved soil management, erosion control, reforesuation and landscape screening; all vegetation so planted shall be native California vegetation indigenous to the area. (m) Excavate or change the topography of the Subject Property except as allowed and approved in accordance with the terms and conditions hereof. (n) Allow rhe use of firearms or dangerous weapons on the Subject Property by the public. (o) Authorize the use of fireworks or pyrotechnics on the subject property. (p) Play or perform or allow the playing or performance of loud and disturbing amplified music. (q) Build, light or maintain, or authorize others to build, light or maintain any open or outdoor fire except in areas provided and designated for this purpo8e. (r) Mine, extract, sever or remove, or permit or cause to be mined, extracted, severed or removed any natural resource found or located on, above, or under the Subject Property in a manner that would jeopardize or alter the natural scenic character of the property, or to otherwise engage in any activity on the subject property Z y i i ti e+ 5 �Alt �*Iio R! GvWs,,-,- P. which will or may destroy the natural and scenic characteristics of the Subject Property. 1 ' 3. Rights of DISTRICT FThe D s a11 have the right to periodic inspection of the property with prior notification of GRANTOR who shall receive in a timely,'manner a copy of the report of such inspection by DISTRICT. �. Limitations on Useb DISTRICT The Dls'PI�� s a not uC ize tFee-Subject Property in any manner whatsoever, except as provided in paragraph 6 hereinbelow. 4 5. No Authorization for Public Tres ass The granting o t xs easement an its acceptance by DISTRICT does not authorize and is not to be construed as authorizing the public or any member thereof to trespass upon or use all or any portion of the Subject Property or as granting to the public or any member thereof' any tangible _ rights in or to the Subject Property or the right to go upon or use or utilize the Subject Property in any manner whatsoever, It is understood that the purpose of this easement is solely to restrict the use to which the Subject Property may be put so Z, that Subject. Property may be kept in its natural condition, subject to continued use by the GRANTOR for its purposes and ufie s _ 6. Entorcement GRANTOt g am is to DISTRICT, the right, but not the obligation, to enter upon the Subject Property for the purpose of removing any building, structure, improvement or other thing whatsoever constructed, erected, placed, stored, deposited or maintained on the Subject Property contrary to the stated purposes of this easement or to any term, condition, restriction or covenant or this easement or to prevent or prohibit any activity which is contrary to the stated purposes, terms, conditions, restrictions or covenants of this easemenr F which will or may destroy the natural and scenic characteris- tics of the Subject Property, subject however to thirty (30) days written notice to Grantor by DISTRICT before commencement y of any action on the part of DISTRICT under this paragraph. The stated purposes, terms, conditions; restrictions tnd coven aiits set forth herein and each and all, of them may he sper_ifically enforced or enoined by proceedings in the -of ff Superior Court of the State California. 7. Mutual Indemnit Each party shall n emnify and hold harmless the ether 5 P 086 y,'.F Z&7 from any and all claims arising out of activities conducted by or under the auspices of the indemnifying party. . 8. Condemnation in the event t at any portion of that land presently known as Hidden Villa Ranch and owned by The Trust for Hidden Villa and/or Frank Duveneck during the term of this easement is sought to be condemned for public use, this easement and each and every term, condition, restriction and covenant contained herein shall terminate as of the time of the filing of the complaint in condemnation. The GRANTOR shall be entitled to such compensation for the taking as it would have been entitled to, had the Subject Property not been burdened by this easement, provided, however, that each and every stated term, condition, restriction and covenant of this easement shall be observed by GRANTOR, its successors or assigns, during the pendency of such action and provided further that in the event sudh action is abandoned prior to the recordation of a Final Judgement in Condemnation relative to any such property or Portion thereof and not actually acquired for a public use, the Subject Property shall, at the time of such abandonment, or at the time it is determined that such property shall not be taken for public use, once again be subject to this easement and to each and every stated purpose, term, condition, restriction and covenant of this easement; provided, however, th4it if the Subject Propertv is sought to be acquired, appropriated, or condemned for a use incompatible with this open space easement as defined herein, by any other public or quasi -public entity, the presumptions contained in Section 1240.680 of the Code of Civil Procedure and Section.5542.5 of the Public Resources Code may he asserted by DISTRICT to protect its interest in the Subject Property, and preserve the open space character thereof. 9. Enforceable Restriction This easement an each and every term, condition, restriction and covenant contained herein constitutes an enforceable restrict].' Of Article XIII of tEin pursuant to the provisions of Section 8 he California Constitution and Chapter 6.6 (commencing with Section 51070) of Part 1, Division 1, Title 5 of the Government Code and shall bind GRANTOR and its successors and assigns and each and all of them and is intended to run with the land. GRANTOR: HE TRUST FOR HIDDEN VILLA, a California non-profit corporation; 8 L' _ �" y red s—i3pn oar o Date : /�,,�(�yo i tl Directors 7 z _o m � & ii STATE OF CALIFORNIA ) COUNTY OF ss. On/5G 1983, before the undersigned, a Notary Pu c or t e tate of California, personally appeared name is Su scribe to t e withintinst trument,andpacknowledged thatAkd executed the same, OFFICIAL gAL DE90RAH JN Cppp So a YOLARY PVDLiC - CA �WRNW / - -___-� C/ ✓'� ? .TA ClARA coDNIY MY cmmn eWLes DEC 14, I984 Sy— Date: it Vice ?rest ent, roar of Directors 1 STATE OF CALIFORNIA ) COUNTY OF ) ss, On / 4� 1983,, before the undersigned,. Notary Public ox t e greed,. a ate of California, persc pally appeared h E" SGA , known to me to be the person whose name ,3UuUbCrl.Ded to t e within instrunetlt, and acknowledged that executed the same, OTFICIAL SEgT, k`r+^•;., DEBORAH LYNN COOPER NOTARY auauC-CALWOft IA t, I✓ SANTA CLARA :,ou7ry comm. ripires DcC 1904 ACCEPTED; ` GRANTEE: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public District: ry Presi eTlt, oar o Directors ATTEST: `J�^L ,� E 0•a'L • V -�, Direct�ir$ -•• =- LCCyrUpcf. 1 02 L --- Date : i tiRP i) a';� 096!....- —259 LEGAL DESCRIPTIOIQ - SJTLbEF:Pjgg-� CIA All that Real property situated in the County of Santa ra, State of California, as follows: being more -Particularly described All that Real Property Described as; PARCEL ONE, PARCEL TWO and PARCEL THREE as corporationconveyed to Hidden Villa, Inc., a dated June , from Frank B. Duveneck, as Grantor, by Gift Deed 3, 1982 and recorded on June 4, 1982 in Book GR26 at Page 58. ,serial number 7382216, Official Records of Of Sa.1ta Clara, State of California, the• Court}, EXCEPTING THEREFORM all most Westerlthat land lying Easterly Y line (and the Southerl of the that certain 40,675acre parcel of Y prolongation thereof) of Record of Survey Ma land as shown on that certain At Page 47, Oficial P recorded March 25, 1982 in Book 497 of Maps, of Records of the County of Santa Clara, State California and lying Northerly of the 6 as shown on the Noq Hill inde 40 foot contour line Quadrangle, less. Said Parcel described herein contains 348 acres more or EXHIBIT o� Page 1 of J s E2. r= 3 Attachment 7 SANTA CLARA COUNTY ZONING ORDINANCE CHAPTER 2.20: RURAL BASE DISTRICTS I� CHAPTER 2.20 RURAL BASE DISTRICTS Sections § 2.20.010 Purposes § 2.20.020 Use Regulations § 2.20.030 Development Standards § 2.20.040 Slope Density Requirements § 2.20.050 A Districts: Agricultural Preservation Criteria § 2.20.060 AR Districts: Specific Subdivision and Road Provisions § 2.20.070 HS Districts: Supplemental Development Standards § 2.20.080 RR Districts: Supplemental Development Standards § 2.20.010 Purposes The intent of the rural base districts is to maintain and preserve the predominantly rural character of lands to which they are applied. The base districts further regulate the type of land uses and intensity of development permitted in rural areas in a manner that implements the general plan and which protects natural resources and maintains compatibility between uses. This chapter defines the allowable land uses and development standards for each of the rural base districts, which include the A "Exclusive Agriculture," AR "Agricultural Ranchlands," HS "Hillsides," and RR "Rural Residential" districts. The specific purposes of each of these base districts are described below. A. A Exclusive Agriculture. The purpose of the Exclusive Agriculture district, also known as the A district, is to preserve and encourage the long-term viability of agriculture and agricultural lands, recognizing the vital contributions agriculture makes to the economy and quality of life within the county. The intent of this district is to reserve those lands most suitable for agricultural production for agricultural and appropriate related uses. This zoning district will provide stability for ongoing agricultural operations and provide for new uses necessary to support a viable local agriculture industry. This district is also intended to retain in open space uses those lands which may be suitable for future urbanization until such time as they are included within a city's urban service area and public facilities and services can be economically provided, consistent with community plans and objectives. This district is meant to apply to all portions of the county designated as Agriculture: Large Scale, Agriculture: Medium Scale, and Open Space Reserve in the general plan. Note that § 2.20.050 applies to this district. REV: JUNE 2009 SANTA CLARA COUNTY ZONING ORDINANCE CHAPTER. 2.20: RURAL BASE DISTRICTS B. AR Agricultural Ranchlands. The purpose of the Agricultural Ranchlands district, also known as the AR district, is to preserve ranching, the natural resources, and the rural character of the areas to which it applies. Permitted uses include ranching or agriculture, low -intensity recreation, mineral extraction, and land in its natural state. Very -low -intensity residential, commercial, industrial and institutional uses may also be allowed if they primarily serve the rural ranchland residents or are necessary for the enhancement and protection of the natural resources of the area and do not require a substantially higher level of service than presently provided. This district is meant to apply to all parcels designated Ranchlands in the general plan. Note that § 2.20.060 applies to this district. —� C. HS Hillside. The purpose of the Hillside district, also known as the HS district, is to preserve mountainous lands unplanned or unsuited for urban development primarily in open space and to promote those uses which support and enhance a rural character, which protect and promote wise use of natural resources, and which avoid the risks imposed by natural hazards found in these areas. These lands are watersheds and may also provide such important resources as minerals, forests, animal habitat, rare or locally unique plant and animal communities, historic and archeological sites, scenic beauty, grazing lands, and recreational areas. Additionally, lands zoned Hillside define the setting or viewshed for the urban area of the county. Development shall be limited to avoid the need for public services and facilities. Permitted uses include agriculture and grazing, very low density residential use, low density, low intensity recreation, mineral and other resource extraction, and land in its natural state. Low -intensity commercial, industrial, and institutional uses may also be allowed if they require a remote, rural setting in order to primarily serve the rural residents or community, or if they support the recreational or productive use, study, appreciation, or enhancement of the natural environment. Clustering of development, particularly residential, is encouraged in order to preserve contiguous open space and achieve efficiency in the provision of access to dwellings. This district is meant to apply to all parcels designated Hillside in the general plan. Note that § 2.20.070 applies to this district. D. RR Rural Residential. The purpose of the Rural Residential district, also known as the RR district, is to permit rural residential development in certain limited unincorporated areas of the county designated by the general plan. Residential, agricultural and open space uses are the primary uses intended within the district. Agriculture -related uses that are not permitted by right may also be permitted through the applicable discretionary review process if deemed compatible with residential uses. Commercial, industrial and institutional uses may be established only where they serve the needs of the resident rural REV: JUNE 2009 SANTA CLARA COUNTY ZONING ORDINANCE CHAPTER 2.20: RURAL SASE DISTRICTS population and result in a net overall reduction in travel demand for rural residents. This district is meant to apply to all parcels designated Rural Residential in the general plan. Note that § 2.20.080 applies to this district. § 2.20.020 Use Regulations The following tables, Tables 2.20-1 and 2.20-2, specify the allowable land uses for the rural base districts, listed by use classification as defined in Chapter 2.10. The regulations for each district are established by letter designations as follows: "R" designates use classifications that are permitted by right. "S" designates use classifications permitted with a special permit, subject to the provisions of Chapter 5.60, Special Permit. "A" designates use classifications permitted with architecture and site approval, subject to the provisions of Chapter 5.40,• Architecture and Site Approval. "U" designates use classifications permitted with a use permit and architecture and site approval, subject to the provisions of Chapter 5.65, Use Permit, and Chapter 5.40, Architecture and Site Approval. "—" designates use classifications that are not allowed. Supplemental regulations for the establishment and conduct of a use are referenced in the "Supplemental Regulations" column of the tables. Use classifications not listed in the tables are prohibited in the rural base districts. Table 2.20-1 RESIDENTIAL USES IN RURAL BASE DISTRICTS 13 Permitted by Right S Special Permit (Ch 5.60) A ASA (Ch 5.40) U Use Permit/ ASA (Ch 5.65, 5.40) — Not Permitted USE CLASSIFICATIONS ZONING Supplemental Regulations A AR HS RR Residences: Single -Family 0 13 [ 0 Note 1 Residential Accessory Structures & Uses 13 0 0 § 4.20.020 Agricultural Employee Housing Short Term Long Term S U S 0 S U S- U § 4.10.040 § 4.10.040, Note 2 (AR) REV: JUNE 2009 SANTA CLARA COU14TY ZONING ORDINANCE CHAPTER 2.20: RURAL BASE DISTRICTS Table 2.20-1 13 Permitted by Right RESIDENTIAL USES S Special Permit Ch 5.60) IN RURAL BASE DISTRICTS A ASA (Ch 5.40) U Use Permit/ ASA (Ch 5.65, 5.40) — Not Permitted U . SE CLASSIFICATIONS ZONING Supplemental A AR HS RR Regulations Community Care Limited M [3 M. § 4.10.090, Note 3 Expanded § 4.10.090, Note 4 Domestic Animals Dogs & Cats 13 [3 0 13 Note 5 Other (see Ag: Livestock, Table 2.20-2) Home Occupations General 13 13 13 13 § 4.10.180 Expanded s-*. S S S § 4.10.180, Note 6 Residential—Communal Institutional § 4.10.300, Note 7 Secondary Dwellings 13 13 [3 M § 4.10.340, Notes 1, 8 Temporary Residences / Construction 1 [3 13 13 13, § 4.10.380 NOTES: 1. Single-family dwellings, including certain additions, and new secondary dwellings, may be subject to the building site approval provisions of Section C12-300 et seq. of the County Ordinance Code. 2. On lots 10 acres or larger in AR districts, a second one -family dwelling for agriculture worker housing is allowed as a matter of right and is not subject to the supplemental use regulations. 3. Facilities qualifying as "Large -Family Day -Care Homes," serving between 7 and 12 persons, are subject to an administrative permit, per the provisions of Division B24 of the. County Ordinance Code. 4. Not a permitted use in areas with the "Agriculture -Large Scale" land use plan designation of the general plan. 5. Not to exceed two (2) dogs and five (5) cats over four months of age on parcels less than five acres, or three (3) dogs and five (5) cats over four months of age on parcels five acres or more, unless the required permit is secured pursuant to Division B31 of the Ordinance Code. 6. Expanded home occupations permitted on lots one -acre or larger. For additional applicable criteria, see § 4.10.180. 7. In rural districts, the floor area of Residential —Communal Institutional uses shall be limited to 10,000 square feet or less. 8. Three classes of detached secondary dwellings are subject to the special permit process: (a) those exceeding the permissible separation between primary and secondary dwelling, (b) those attached to an accessory building where cumulative floor area exceeds the allowed area specified for secondary dwellings, and (c) those necessitating separate driveway access. See § 4.10.340(D) for more complete information. REV: JUNE 2009 SANTA CLARA COUNTY ZONING ORDINANCE CHAPTER 2.20: RURAL BASE DISTRICTS 11. Concrete, asphalt and soil recycling within rural districts is a permitted use only in association with an existing quarry operation in any rural base zoning district. 12. Restaurants and bars in rural districts shall be limited in scale, with a maximum floor area of 1,200 square feet, and shall primarily serve the local (rural) residents. 13. Timber harvest of commercial tree species as defined by the County Tree Preservation and Removal Ordinance, Division C16 of the County Ordinance Code, including but not limited to Redwood and Douglas Fir, may be subject to the regulatory and permitting authority of the California Department of Forestry and Fire Protection (CDF). No County permit shall be required if CDF has approved a Timber Harvest Plan orNon-Industrial Timber Management Plan for the activity. 14. Truck storage uses in rural districts shall be limited to agriculture -related tractors, trucks, trailers, and similar equipment. 15. The minimum lot size for veterinary clinics and hospitals shall be two and one-half (2.50) acres.. 16. Co -location of wireless telecommunication facilities may be eligible for an ASA small project exemption (§ 5.40.050), where consistent with the provisions of this ordinance. Where the proposed co -location meets the criteria in Government Code§65850.6(b) relating to previously approved facilities permitted by a means of a discretionary permit issued on or after January 1, 2007, and either a negative declaration, mitigated negative declaration, or environmental impact report was prepared and adopted, the co -location shall be reviewed for consistency with the approved plans, mitigation requirements, and conditions imposed on the existing facility, and if found consistent, will be subject only to a building permit or other applicable permits required by Title C of the County Ordinance Code. § 2.20.030 Development Standards A. Standards. Table 2.20-3 establishes property development standards for the rural base districts. A "—" indicates there is no applicable standard or requirement. Table 2.20-3 RURAL BASE DISTRICTS: PROPERTY DEVELOPMENT STANDARDS REV: JUNE 2009 A AR HS RR Minimum lot area for subdivision or lot line adjustment (acres) Without use of slope -density — 160 160 — With slope -density — § 2.20.040 § 2.20.040 § 2.20.040 With combining district Chapter 3.10 — — Chapter 3.10 REV: JUNE 2009 J SANTA CLARA COUNTY ZONING ORDINANCE CHAPTER 2.20: RURAL BASE DISTRICTS Table 2.20-3 RURAL BASE DISTRICTS: PROPERTY DEVELOPMENT STANDARDS B. Measurement. The standards shown in Table 2.20-3 are subject to the following rules of measurement: 1. Where a lot abuts a road, setbacks from that road shall be measured from the edge of ultimate right-of-way (see "setback" definition in § 1.30.030); 2. Setbacks from all property lines not abutting a street shall be measured from the property line unless otherwise specified; and 3. Height shall be measured according to the provisions of Chapter 1.30: Definitions: General Terms. 4. Precision of numbers for the purposes of measurement and calculation shall be as stipulated in § 1.20.030: Precision of Numbers/Rounding. 5. § 2.20.040 Slope -Density Requirements Table 2.20-4 describes the required land area per dwelling unit (density), as well as the minimum lot sizes, for the AR, HS and RR districts with application of slope -density requirements. Additional regulations for the AR, HS and RR districts are described in Sections 2.20.060, 2.20.070 and 2.20.080, respectively. REV: JUNE 2009 A AR FIS RR Setbacks (feet) Front 30 30 30 30 Side 30 30 30 30 Rear 30 30 30 30 Scenic road 100 100 100 100 Height (max) Feet 35 35 35 35 Stories 2 - 3 3 2 Additional standards/criteria § 2.20.050 § 2.20.060 § 2.20.070 § 2.20.080 Accessory buildings See Chapter 4.20, Supplemental Development Standards B. Measurement. The standards shown in Table 2.20-3 are subject to the following rules of measurement: 1. Where a lot abuts a road, setbacks from that road shall be measured from the edge of ultimate right-of-way (see "setback" definition in § 1.30.030); 2. Setbacks from all property lines not abutting a street shall be measured from the property line unless otherwise specified; and 3. Height shall be measured according to the provisions of Chapter 1.30: Definitions: General Terms. 4. Precision of numbers for the purposes of measurement and calculation shall be as stipulated in § 1.20.030: Precision of Numbers/Rounding. 5. § 2.20.040 Slope -Density Requirements Table 2.20-4 describes the required land area per dwelling unit (density), as well as the minimum lot sizes, for the AR, HS and RR districts with application of slope -density requirements. Additional regulations for the AR, HS and RR districts are described in Sections 2.20.060, 2.20.070 and 2.20.080, respectively. REV: JUNE 2009 0 , w SANTA CLARA COUNTY ZONING- ORDINANCE CHAPTER 2.20: RURAL BASE DISTRICTS Table 2.20-4 SLOPE DENSITY ]PROVISIONS IN DURAL BASE DISTRICTS Base District Allowed Density: Land area per dwelling unit (acres)' Minimum Avg. slope<10% Avg. slope>50% Avg. slope 10-50% parcel size AR .20 160 1 Same as land area per .0609375- dwelling [see .00109375*S also 2.20.060] HS 20 160 1 2 acres for (cluster permit cluster [see required)Z 00109375- also 2.20.070] RR 5 20 1 Same as land (clustering area per optional) .2375-.00375*S dwelling; 1 acre for cluster [see also 2.20.080] NOTES: The variable "S" represents the average slope of the entire property that is the subject of the application. Average slope is determined according to the formula S=(0.00229 x IL)/A, where I is the contour interval in feet; L is the combined length of contour lines in scale feet; A is the gross area in acres of the subject lot or area of land; and, S is the average slope expressed as a percentage. Where the average slope is less than 10%, the land are per dwelling shall be no less than 5 acres in RR, and no less than 20 acres in AR and HS. Where the average slope exceeds 50%, the land area per dwelling shall be 20 acres in RR, and 160 acres in AR and HS. The maximum number of lots or dwelling units allowed is determined by dividing the gross land area of the subject property by the minimum land area per dwelling unit and rounding down to the nearest whole number. 2. See §§ 2.20.060, 2.20.070 and 2.20.080 for additional standards for AR, HS and RR districts. For specific provisions pertaining to cluster permit and procedures, see Chapter 5.45, Cluster Permits. § 2.20.050 A Districts: Agricultural Preservation Criteria A. New Uses. Any newly proposed use in an A district must be found to be in compliance with all of the following general criteria. 1. The use must be compatible with and not substantially interfere with the continuation of any on- or off-site agricultural operation. 2. The use should not be of a sensitive nature that would itself be negatively impacted by any existing or future on-site or off-site agricultural use. REV: JUNE 2009 Project Area Maps Attachment 8 i N WAJ `r�r�rvv�QO -���1r A � •�� ��► oc i 0r Proposed Urban Service Boundary Existing Urban Service Boundary 4 t a a Attachment 9 October 28, 2009 Mayor Dean Warshawsky Town of Los Altos Hills 27390 Altamont Road Los Altos Hills, CA 94022 Dear Mayor Warshawsky: Thank you for your interest in Hidden Villa. We have always felt connected to and have enjoyed the support of the local community. The Board of Directors of Hidden Villa has discussed the idea of incorporation into the Town of Los Altos Hills and believes that thiscould be beneficial to both parties. Accordingly at its meeting of October 22, 2009 the Board voted unanimously to move forward. The Board created a working group to partner with the Town in proceeding through the annexation process. Martin Neiman is the chairperson of the working group. We look forward to the mutual benefits of a closer relationship with Los Altos Hills. We expect to discuss and come to agreement with the Town on the following issues before consummating the annexation: • The language of the overlay and/or the use permit that would continue to allow and recognize our existing uses • Any conditions of approval and/or code requirements that might be imposed on or result from the annexation • Payment and/or waiver of fees involved (both Town fees and LAFCO fees) • Existing and pending MROSD conservation easements. We are excited about the prospect of joining Los Altos Hills and look forward to working with the Town staff, the planning commission and the Town council to accomplish this annexation expeditiously. Sincerely, Chris Overington Executive Director Diane Ciesinski Chair, Board of Directors 26870 Moody Road, Los Altos Hills, CA 94022 Phone (650) 949-8659 Fax (650) 948-4159 www.Mdenvilla.org