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
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Amendment to General Plan Urban Service Area Boundary
to include Lands of Hidden Villa (Page LU -23)
StMrd PALO
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Proposed USA
Boundary that
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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
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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