HomeMy WebLinkAbout3.1Item 3.1
TOWN OF LOS ALTOS HILLS February 2, 2012
Staff Report to the Planning Commission
SUBJECT: SITE DEVELOPMENT PERMIT TO REPLACE AN EXISTING
GRAVEL DRIVEWAY WITH PERMEABLE CONCRETE; LANDS OF
GLASSMAN; 2000 OLD PAGE MILL ROAD; FILE #3 10-1 1-ZP-SD.
FROM: Brian Froelich, AICP, Associate Planner$u=_
APPROVED: Debbie Pedro, AICP, Planning Director
RECOMMENDATION: That the Planning Commission:
Forward a recommendation that the City Council approve the requested Site
Development Permit subject to the conditions of approval in Attachment 1.
BACKGROUND
The subject property is located on the west side of Old Page Mill Road. The property is
accessed via a long panhandle. Surrounding uses include single-family homes on
adjacent parcels to the east and south and Stanford Lands to the north and west. Existing
development on this 10.82 acre property includes a 5,464 sq. ft. two story main residence,
a swimming pool, a pool house, a yurt, two sheds, and a tennis court. The applicant
proposes to replace the existing gravel driveway with a permeable concrete in the same
location.
CODE REQUIREMENTS
The property is subject to a Conservation Easement and Declaration of Restrictions and
Covenants that was originally dedicated January 20, 2005 and subsequently amended on
September 28, 2006 (Attachment 2). The current owner, Lucille Glassman wishes to
replace the gravel driveway. Specific to this request, the restrictions require that "Roads
shall only be surfaced with permeable materials, must be in keeping with the open -space
character of the property, and shall be subject to review and approval by the Planning
Commission and City Council." (Pg. 5 — Attachment 2)
DISCUSSION
Site Data:
Gross Lot Area:
10.82 acres
Net Lot Area:
9.88 acres
Average Slope:
33.5%
Lot Unit Factor:
5.356
Planning Commission
Lands of Glassman
February 2, 2012
Page 2
Floor Area and Development Area:
Area (sq. ft.) Maximum Existing Proposed
Development 40,170 28,163 28,163
Floor 26,780 6,999 6,999
Driveway & Parking
Increase Remaining
0 12,007
0 19,781
The proposal is to replace the approximate 1,900 linear feet of gravel driveway with a
permeable concrete driveway in the same location. The applicant reports that the existing
gravel driveway is an annual maintenance problem for vehicles and the driveway surface.
Per Section 10-1.502 (b)(3), there is no change to the total Development Area on the
property because the proposed driveway replacement is beyond 100 feet from the primary
dwelling.
(b) Development Area. Development area shall be measured in a horizontal
plane and shall include the following:
(3) The first one hundred (100) feet of driveway, as measured along the center
line, closest to the primary dwelling;
Grading and Drainage
The Engineering Department has reviewed the plans and has recommended conditions of
approval as specified in Attachment #1. The applicant proposes no site grading beyond
removal of the existing driveway material and repairs and preparations for the new
driveway base. No drainage installations are proposed and the driveway will be a
permeable concrete.
Trees & Landscaping
No trees are proposed for removal with this project.
Committee Review
The Open Space Committee met on January 19, 2012 to discuss the project. Draft
meeting minutes were not available for inclusion in this report but the Committee
Chairman and Secretary reported unanimous support for the proposal.
ENVIRONMENTAL CLEARANCE (CEQA)
The proposed driveway replacement is categorically exempt from the provisions of the
California Environmental Quality Act by Section 15302.
Planning Commission
Lands of Glassman
February 2, 2012
Page 3
ATTACHMENTS
1. Recommended conditions of approval
2. Deed of Conservation Easement Document #19166053
3. Driveway specifications from Graniterock Construction
4. Development plans
Planning Commission
Lands of Glassman
February 2, 2012
Page 4
ATTACHMENT 1
RECOMMENDED CONDITIONS FOR A SITE DEVELOPMENT PERMIT TO
REPLACE A GRAVEL DRIVEWAY WITH PERMEABLE CONCRETE
LANDS OF GLASSMAN, 2000 OLD PAGE MILL ROAD
File #3 10-11 -ZP-SD
A. PLANNING DEPARTMENT - Please work with Brian Froelich, Associate
Planner 650-947-2505 to complete the following conditions:
1. No other modifications to the approved plans are allowed except as
otherwise first reviewed and approved by the Planning Director or the
Planning Commission, depending on the scope of the changes.
2. No lighting, fences, gates, or columns are approved with this permit.
B. ENGINEERING DEPARTMENT - Please work with John Chau, Assistant
Engineer 650-947-2510 to complete the following conditions:
3. Any, and all, changes to the proposed Site Plan shall first be approved by
the Town Engineering Department. No grading shall take place during the
grading moratorium (October 15 to April 15) except with prior approval
from the City Engineer. No grading shall take place within ten feet of any
property line.
4. Final grading and drainage shall be inspected by the Engineering
Department and any deficiencies corrected to the satisfaction of the
Engineering Department prior to final approval.
5. Any, and all, areas on the project site that have the native material
disturbed shall be protected for erosion control during the rainy season and
shall be replanted prior to final inspection.
6. The property owner shall inform the Town of any damage and shall repair
any damage caused by the construction of the project to pathways, private
driveways, and public and private roadways, prior to final inspection and
shall provide the Town with photographs of the existing conditions of the
roadways and pathways prior to start of work.
Please call 650-941-7222 extension 235 to schedule a final inspection with the Planning
and Engineering Department.
CONDITION NUMBER 6 SHALL BE COMPLETED AND SIGNED OFF BY
THE PLANNING DEPARTMENT OR THE ENGINEERING DEPARTMENT
PRIOR TO THE START OF WOR
Attachment 2
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RECORDING REQUESTED BY AND,
WHEN RECORDED, RETURN TO: Doc##: 19166053
11/01/2006 8:09 AM
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
(Space above line for Recorder's use only)
AMENDED AND RESTATED
DEED OF CONSERVATION EASEMENT
THIS AMENDED AND RESTAL-Q BED OF ¢'ON ERV TION
EASEMENT ("Easement") is made this day of Cj f '2006, by
and between Frances Kelley, as Trustee of the Lois Crozier Ilogle Living Trust
("Owner"), and Town of Los Altos Hills, a municipal corporation ("Town")..
RECITALS
A. Owner and Town entered into a certain Conservation Easement and Declaration
of Restrictions and Covenants on the 20th day of January, 2005, which Conservation
Easement and Declaration of Restrictions and Covenants was recorded in the Official
Records of Santa Clara County, California, on February 8, 2005, and was given the
document identification number 18224072. The parties now desire. to amend and restate
such Conservation Easement and Declaration of Restrictions and Covenants in its
entirety.
B. Owner is the owner in fee simple of a certain parcel of real property (the
"Property"), comprised of approximately 10.9 acres in the Town of Los Altos Hills,
California (APN 182-31-065), more particularly described in Exhibit A, attached hereto
and incorporated by this reference.
C. The Property is one of several parcels that combine to form a continuous band of
naturally wooded hills stretching from the Stanford foothills to Highway 280. It provides
views of the native hills from a variety of external viewpoints, is richly populated with
many native species of trees and plants, provides both a relatively natural habitat for
indigenous wildlife and wildlife corridors, and possesses unique natural, scenic, open
space, cultural, historical and educational values (collectively, the "Conservation
Values") of great importance to the people of the Town, the County of Santa Clara, and
the State of California. The Property also contains certain permanent structures that are
low-lying, non -obtrusive, and compatible with the rural, wooded open -space character of
the Property. The structures, including the main residence, have potential historical and
Revised Conservation Easement 9.06 -1-
cultural significance in that they are more than 50 years old and were designed by notable
Bay Area architects.
D. The specific Conservation Values of the Property are documented in an inventory
of relevant features of the Property, incorporated herein by this reference and on file with
the Town (the "Baseline Documentation"), which includes maps and photographs
documenting the history and present condition of the Property, as well as any additional
documentation that the parties agree provides, collectively, an accurate representation of
the Property and which is intended to serve as an objective information baseline for
monitoring compliance with the terms of this grant,
E. Town has adopted a General PIan and, pursuant thereto, may accept grants of
conservation easements on privately owned lands within the Town. Town finds this
Easement to be consistent with the Town's General Plan and in the best interests of the
Town.
F. Owner and Town desire to limit the use of the Property, by dedication of this
conservation easement, to ensure the preservation of the existing structures and to reduce
potential adverse impacts to the Property caused by grading, vegetation removal, and
erosion, recognizing that much of the Property is essentially unimproved and, if retained
in its natural state, has substantial ecological and scenic value, and that the preservation
of the Property with certain attendant structures as open space constitutes an important
physical, cultural, historical, aesthetic and economic asset to the Town and to Owner.
Owner intends that the Conservation Values of the Property be preserved and maintained
in perpetuity by permitting only those Iand uses on the Property that do not significantly
impair or interfere with them.
G. Owner intends to convey a conservation easement as defined in and governed by
California Civil Code Sections 815-816, inclusive (the "California Conservation
Easement Act") and all rights of the holder of a conservation easement under the
California Conservation Easement Act to Town over the Property, including the right to
preserve and protect, in perpetuity, the natural, scenic, open -space and other
Conservation Values of the Property, subject to the restrictions contained herein.
H. Town is a "qualified organization" under Section 170(h)(3) of the Internal
Revenue Code and is an entity authorized to acquire and hold conservation easements
pursuant to California Civil Code 815.3.
I.. Town agrees by accepting this Easement to honor the intentions of Owner as
stated herein and to preserve and protect in perpetuity the Conservation Values of the
Property for the benefit of this generation and the generations to come.
AGREEMENT
NOW, THEREFORE, in consideration of the above and the mutual covenants,
terms, conditions and restrictions contained herein, and pursuant to the laws of the State
of California, and in particular the California Conservation Easement Act, Owner hereby
Revised Conservation Easement 9-06 -2-
voluntarily grants and conveys unto Town a conservation easement in perpetuity over the
Property of the nature and character and to the extent hereinafter set forth.'
1. Purpose. The specific purpose of this Easement is to assure that the natural,
scenic, open space, and historic features of the Property will be retained and maintained
in perpetuity, and to prevent any use or change to the Property that will significantly
impair or interfere with its Conservation Values.. Specifically, the Easement is intended
to maintain the Property in its open -space condition; to preserve and protect the Property
as natural habitat; and to preserve the Property for the scenic enjoyment of the general
public.
2. Rights of Town. To accomplish the'purpose of this Easement, the following
rights are conveyed to Town by this Easement:
(a) To preserve and protect the Conservation Values of the Property;
(b) To enter upon the Property at reasonable times in order to monitor
compliance with the terms of this Easement, upon prior reasonable notice to Owner; and
(c) To prevent any activity on or use of the Property that is inconsistent with
the purpose or in violation of the terms of this Easement, and to otherwise enforce the
terms of this Easement pursuant to the remedies herein provided, including, without
limitation, requiring the restoration of the Property to the condition and appearance that
existed prior to the violation.
(d) All mineral, air and water rights necessary to protect and to sustain the
biological resources of the Property; provided, however, that at all times Town shall
conform to the provisions of Paragraph 3(n).
(e) With the exception of the rights described in Paragraph 4 of this
Conservation Easement, to possess all present and future development rights associated
with the Property including any increase in allowable development rights resulting from
any cause, including, but not limited future changes in policies, laws, or regulations.
3. Prohibited Uses. Any activity on or use of the Property inconsistent with the
purposes of this Easement is prohibited. Without limiting the generality of the foregoing,
the following activities and uses are expressly and specifically prohibited:
(a) The construction of any new residential or non-residential building;
(b) Except for those improvements existing on the Property on the date hereof
or those improvements specifically permitted in Paragraph 4 below, the construction of
any fence, road, driveway, parking area or any other improvement;
(c) The conduct of any commercial, industrial, or agricultural use or activity
of any kind, including, without limitation, vineyards, and commercial recreational
activities;
Revised Conservation Easement 9-06 -3-
(d) Any Iegal or de facto division, subdivision or partitioning of the Property;
(e) Any grading or significant alteration in the topography of the Property,
except for the purpose of conducting an otherwise permitted activity on the Property;
(f) The cutting of native vegetation, except as may be required for fire
prevention, thinning, elimination of diseased vegetation, public -safety purposes, or as
specifically permitted by Paragraph 4(i) below;
(g) Any planting of non-native vegetation, except as permitted by
Section 4(d);
(h) The demolition, removal or relocation of the main house;
(i) The keeping of livestock, except for two (2) horses;
0) Any use or activity, such as clearing, grading or storage of materials, that
degrades or is likely to degrade the scenic and natural character or Conservation Values .
of the Property;
(k) Any use or activity that, in any way, alters or impacts any pond, wetland,
or existing watercourse, creek, or streambed located on the Property;
(1) The sale or transfer of any water or mineral rights appurtenant to the
Property;
(m) The use of any motorized vehicle, except on existing roadways;
(n) The exploration for and/or extraction of minerals by any method, surface
or subsurface; and
(o) Any other activity which may destroy the unique physical and scenic
characteristics of the Property.
4, Reserved Rights. Owner reserves to herself, and to her personal representatives,
heirs, successors, and assigns, all rights accruing from ownership of the Property,
including the right to engage in or permit or invite others to engage in all uses of the
Property that are not expressly prohibited herein and are not inconsistent with the purpose
of this Easement. The Town Council may authorize exceptions to the restrictions
contained in Paragraph 3, provided that such exceptions are consistent with the purpose
of this Easement and not incompatible with maintaining and preserving the natural
character of the Property and its rural residential setting. Without limiting the generality
of the foregoing, and subject to the prohibited uses set forth in Paragraph 3 above, the
following rights are expressly reserved:
(a) The maintenance, alteration, and/or addition to the main house, in its
present location, as shown on Exhibit B, is permitted, provided that any proposed
alteration or addition shall be compatible with the architectural character of the existing
Revised Conservation Easement 4-06 4-
main house and shall not exceed the present structure height other than to comply with
any building code requirements as determined by the Town Building Official. The
cumulative floor area for all additions to the main house shall not exceed 1,500 square
feet. Any proposed alteration or addition to the main house other than ordinary
maintenance shall be subject to review and approval by the Town Planning Commission
and Town Council.. The Town may retain the services of a consulting historical architect
to assist in the review of any proposed alteration or addition with the cost of such services
to be borne by Owner_
(b) the repair, rebuilding, and/or reconstruction of the main house in the
event that the structure is damaged or destroyed by natural disaster, including, without
limitation, earthquake or fire, is permitted, provided that any proposed reconstruction
shall not alter the original structure's character or function, increase its present height
other than to comply with any building code requirements as determined by the Town
Building Official, or increase the floor area of the main house by more than 1,500 square
feet. Any proposed reconstruction shall be subject to review and approval by the Town
Planning Commission and Town Council. The Town may retain the services of a
consulting historical architect to assist in the review of any proposed reconstruction with
the cost of such services to be bome by Owner.
(c) The maintenance, renovation, removal, and/or replacement of the pool
house, pool deck, pool, or existing accessory structures (including barns, stables, and
sheds) in their present location, as shown on Exhibit B, is permitted, provided that any
proposed modification or replacement shall not alter its function, increase its present
height, or change the land surface area it occupies. Any proposed modification or
replacement shall be subject to review and approval by the Town Planning Commission
and Town Council
(d) Ornamental plantings within the present gardening areas surrounding the
main residence and within one hundred sixty (160) feet of the main residence are
permitted.
(e) Minimal removal of vegetation to create additional permeable walking
paths, including footbridges consistent with Town off-road pathway standards, is
permitted_
(f) Development of accessory structures in the rectangular portion of Property
presently occupied by the existing 60 -foot by 100 -foot tennis court, as shown on the
attached Exhibit B. is permitted. Any structures proposed in this area shall be limited to a
single -story in height (17 feet maximum overall height measured from highest ridge to
lowest pad elevation), and must be consistent in character with the existing buildings as
well as the rural, wooded character of the Property.
(g) Maintenance of existing roads and fencing is permitted. The maintenance
of existing fencing shall allow for the free passage of wildlife. This provision shall not
prohibit the installation of a fence and gate around the perimeter of the pool and deck..
Roads shall only be surfaced with permeable materials, must be in keeping with the open -
Revised Conservation Easement 9-06 -5-
space character of the Property, and shall be subject to review and approval by the Town
Planning Commission and Town Council.
(h) The use of the Property for non-commercial recreation that requires no
additional surface alteration or land development is permitted,
(i)Owner may selectively remove early successional tree species using
woodland management practices to promote climax vegetation or to improve wildlife
habitat.
Notice and Approval..
5.1 Notice of Intention to Undertake Certain Actions. The purpose of requiring
Owner to notify Town prior to undertaking certain activities, as provided for in Paragraph
4 above, is to afford Town an opportunity to monitor the activities in question to ensure
that they are designed and carried out in a manner consistent with the requirements and
purpose of this Easement and all applicable laws, including without limitation all Town
ordinances ("Applicable Law"). Whenever notice is required, Owner shall notify Town
in writing not less than sixty (60) days prior to the date Owner intends to undertake the
activity in question. Subject to any more specific requirements provided for in Paragraph
4 above, each notice shall describe the nature, scope, design, location, timetable, and any
other material aspect of the proposed activity in sufficient detail to permit Town to make
an informed judgment as to its consistency with the requirements and purpose of this
Easement.
5.2 Town's Approval. Where Town's approval is required, Town shall grant or
withhold its approval in writing within sixty (60) days of receipt of Owner's written
request therefor given in accordance with Paragraph 5.1 above. Subject to any more
specific requirements provided for in Paragraph 4 above, Town's approval may be
withheld only upon a reasonable determination by Town that the action as proposed
would be inconsistent with the requirements and purposes of this Easement. Should
Town fail to respond to Owner's notice within said sixty (60) day period, Town's
approval shall be conclusively presumed to have been granted Notwithstanding any of
the provisions set forth previously in this Section 5.2, however, if Applicable Law calls
for a time frame for the Town's response that is different than the one set forth in this
Section 5.2 ("Applicable Law Time Frame"), or if Applicable Law calls for the Town's
approval to be made according to standards that are different than the ones set forth in
this Section 5.2 ("Applicable Law Standards"), then the Applicable Law Time Frame and
the Applicable Law Standards shall apply to the Owner's notification of proposed action.
6. Town's Remedies.
6.1 Notice of Violation; Corrective Action. If Town determines that a violation of the
terms of this Easement has occurred or is threatened, Town shall give written notice to
Owner of'such violation and demand corrective action sufficient to cure the violation, and
where the violation involves injury to the Property resulting from any use or activity
inconsistent with the purpose of this Easement, to restore the portion of the Property so
Revised Conservation Easement 4-06 -6-
injured to its prior- condition in accordance with a plan prepared and/or approved by
Town.
6.2 Iniunctive Relief: If Owner fails to cure the violation within thirty (30) days after
receipt of notice thereof from Town, or under circumstances where the violation cannot
reasonably be cured within said thirty (30) day period, fails to begin curing such violation
within the thirty (30) day period, or fails to continue diligently to cure such violation until
finally cured, Town may bring an action at law or in equity in a court of competent
jurisdiction to enforce the terms of this Easement, to enjoin the violation, ex parte as
necessary, by temporary or permanent injunction, and to require the restoration of the
Property to the condition that existed prior to any such violation or injury.
6.3 Damages. In addition to the remedy of injunctive relief, Town shall be entitled to
recover monetary damages for violation of the terms of this Easement and for injury to
any Conservation Values protected by this Easement resulting from the violation or
inconsistent activity or use including, without limitation, damages for the loss of scenic,
aesthetic, historic or other environmental values. Without limiting Owner's liability
therefore, Town, in its sole discretion, may apply any damages recovered to the cost of
undertaking any corrective action on the Property.
64 Emergency Enforcement. If Town, in its sole discretion, reasonably determines
that circumstances require immediate action to prevent or mitigate significant damage to
the Conservation Values of the Property, Town may pursue its remedies under this
Paragraph 6 without prior notice to Owner or without waiting for the period provided for
cure to expire.
6.5 Scone of Relief. Town's rights under this Paragraph 6 apply equally in the event
of either actual or threatened violations of the terms of this Easement. Owner agrees that
Town's remedies at law for any violation of the terms of this Easement are inadequate
and that Town shall be entitled to the injunctive relief described in Paragraph 6 2 above,
both prohibitive and mandatory, in addition to such other relief to which Town may be
entitled, including specific performance of the terms of this Easement, without the
necessity of proving either actual damages or the inadequacy of otherwise available legal
remedies. Town's remedies described in this Paragraph 6 shall be cumulative and shall be
in addition to all remedies now or hereafter existing at law or in equity.
6.6 Costs of Enforcement. All reasonable costs incurred by Town in enforcing the
terms of this Easement against Owner, including, without limitation, costs and expenses
of suit and reasonable attorneys' fees, and any costs of restoration necessitated by
Owner's violation of the terms of this Easement shall be borne by Owner; provided,
however, that if Owner ultimately prevails in a judicial enforcement action, each party
shall bear its own costs.
6.7 Forbearance. Forbearance by Town to exercise its rights under this Easement in
the event of any breach of*any term of this Easement by Owner shall not be deemed or
construed to be a waiver by Town of such term or of any subsequent breach of the same
or any other term of this Easement or of any of Town's rights under this Easement_ No
Revised Conservation Ensement 9-06 -7-
delay or omission by Town in the exercise of any right or remedy upon any breach by
Owner shall impair such right or remedy or be construed as a waiver.
6.8 Waiver of Certain Defenses. Owner hereby waives any defense of laches,
estoppel, or prescription.
6.9 Acts Beyond Owner's Control. Nothing contained in this Easement shall be
construed to entitle Town to bring any action against Owner for any injury to or change
in the Property resulting from causes beyond Owner's control, including, without
limitation, injury from fire, flood, storm, and earth movement, or from any prudent action
taken by Owner under emergency conditions to prevent, abate, or mitigate significant
injury to any person or to the Property resulting from such causes.
7. Access.. No right of access by the general public to any portion of the Property is
conveyed by this Easement.
Owner's Responsibilities. Costs, Liabilities and Taxes.
8.1 Responsibilities of Ownership_ Owner retains all responsibilities and shall bear
all costs and liabilities of any land related to the ownership, operation, upkeep, and
maintenance of the Property, including the maintenance of adequate liability insurance
coverage and the monitoring of hazardous conditions on the Property. Town shall be an
additional named insured on any liability insurance policy covering the Property. Owner
remains solely responsible for obtaining any applicable governmental permits and
approvals for any construction or other activity or use permitted by this Easement, and all
such construction or other activity or use shall be undertaken in accordance with all
applicable federal, state, and local laws, regulations, and requirements. Owner shall keep
the Property free of any liens arising out of any work performed for, materials furnished
to, or obligations incurred by Owner
8.2 Taxes. Owner shall pay before delinquency all taxes, assessments, fees, and
charges of whatever description levied on or assessed against the Property by competent
authority (collectively, "Taxes"), including such Taxes imposed upon, or incurred as a
result of, this Easement, and shall furnish Town with satisfactory evidence of payment
upon request.
8.3 Representations and Warranties. Owner represents and warrants that, after
reasonable investigation and to the best of her knowledge:
(a) Owner is the sole legal fee owner of the Property and no other person or
entity has any right of first refusal or option to purchase, or other similar right to or
interest in the Property;
(b) There is no pending or threatened litigation in any way affecting,
involving, or relating to the Property;
(c) Owner and the Property are in compliance with all federal, state, and local
laws, regulation, and requirements applicable to the Property and its use;
Revised Conservation Easement 9.06 -8-
(d) There are no agreements, easements or other rights of any third party to
use the Property that are in conflict with the terms and conditions of this Easement; and
(e) Owner has been represented by counsel of Owner's selection and fully
understands that Owner is hereby permanently relinquishing property rights which would
otherwise permit Owner to have a fuller use and enjoyment of the Property.
8.4 Control. Nothing in this Easement shall be construed as giving rise, in the
absence of a judicial decree, to any right or ability in Town to exercise physical or
managerial control over the day-to-day operations of the Property, or any of Owner's
activities on the Property, or otherwise to become an operator with respect to the Property
within the meaning of The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended ("CERCLA"), and any corresponding California or
local statutes.
8.5 Hold Harmless Owner, her successors and assigns, shall be responsible for,
indemnify and save harmless the Town, its officers, agents, and employees from any and
all liabilities, claims, demands, damages, or costs resulting from, growing out of, or in
any way connected with or incident to the Property, except for such liabilities, claims,
demands, damages and costs that arise from the active negligence or willful misconduct
of the Town, its officers, agents, or employees. The duty of Owner to indemnify and
save harmless includes the duty to defend as set forth in Cal. Civil Code Section 2778.
Owner waives any and all rights to any type of express or implied indemnity or right of
contribution from the Town, its officers, agents, or employees, from any liability
resulting from, growing out of, or in any way connected with or incident to this
Easement, except for liability arising from the active negligence or willful misconduct of
Town.
9. Extinsuishment and Condemnation.
9.1 Extinguishment. If' circumstances arise in the future that render the purpose of
this Easement impossible or impracticable to accomplish, this Easement can only be
terminated or extinguished, whether in whole or in part, by judicial proceedings in a court
of competent jurisdiction. The amount of the proceeds to which Town shall be entitled,
after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion
of all or any portion of the Property subsequent to such termination or extinguishment,
shall be the stipulated fair market value of this Easement, or proportionate part thereof, as
determined in accordance with Paragraph 9.2. In making this grant of Easement, Owner
has considered the possibility that uses prohibited by the terms of this Easement may
become more economically viable than the uses specifically reserved by Owner pursuant
to this Easement. It is the intent of both Owner and Town that any such change in
economic conditions shall not be deemed to be circumstances justifying the termination
or extinguishment of this Easement pursuant to this Paragraph.
9.2 Valuation. This Easement constitutes a real property interest immediately vested
in Town, which, for the purposes of Paragraph 9.1, the parties stipulate to have a fair
market value determined by multiplying (1) the fair market value of the Property
Revised Conservation Easemem 9-06 -9-
unencumbered by the Easement by (2) the ratio of the value of the Easement at the time
of this grant to the value of the Property without deduction for the value of this Easement
at the time of this grant The values at the time of this grant are those values used to
calculate the deduction for federal income or estate tax purposes allowable by reason of
this grant, pursuant to Section 170(h) of the Internal Revenue Code. For the purposes of
this Paragraph, the ratio of the value of the Easement to the value of the Property
unencumbered by the Easement shall remain constant.
9.3 Condemnation. If all or any part of the Property is taken, in whole or in part, by
exercise of the power of eminent domain or acquired by purchase in lieu of
condemnation, whether by public, corporate or other authority, so as to terminate this
Easement, in whole or in part, then Owner shall attempt to recover the full value of the
interests in the Property subject to the taking or in lieu purchase and all direct or
incidental damages resulting therefrom. All expenses reasonably incurred by Owner in
connection with the taking or in lieu purchase shall be paid out of the amount recovered.
Town's share of the balance of the amount recovered shall be determined by multiplying
that balance by the ratio set forth in Paragraph 9.2.
9.4 Application of Proceeds. Town shall use any proceeds received under the
circumstances described in this Paragraph 9 in a manner consistent with the conservation
purposes of this Easement. Owner shall be entitled, however, to retain all proceeds from
a sale of her interest in the Property in its entirety, so long as this Easement remains in
full force and effect.
10. Town's Duties: Assignment Town shall undertake all reasonable efforts to
enforce both the rights granted to it and the restrictions imposed upon the Property under
this Easement in order to protect the Conservation Values of the Property in perpetuity,
If at any time, Town is unable to enforce this Easement in full or faits to do so, then
Town shall assign its rights and obligations under this Easement to an organization that is
a qualified organization at the time of transfer under Section 170(h) of the Internal
Revenue Code of 1986, as amended (or any successor provision then applicable), and the
applicable regulations promulgated thereunder, and authorized to acquire and hold
conservation easements under the California Conservation Easement Act (or any
successor provision then applicable). As a condition of such transfer, Town shall require
that the assignee record the assignment in the official records of Santa Clara County,
California, and that the conservation purposes that this grant is intended to advance
continue to be carried out.
11. Subsequent Transfers. Owner agrees: (1) to make reference to this Easement in
any deed or other legal instrument by which she divests herself of any interest in all or a
portion of the Property, including, without limitation, a leasehold interest, license
agreement or easement; and (.2) to describe this Easement in, and append it to, any
executory contract for the transfer of any interest in the Property, Owner further agrees
to give written notice to Town of the transfer of any interest at least thirty (30) days prior
to the date of such transfer, which notice shall include the name, address and telephone
number of the prospective transferee or his/her representative. The failure of Owner to
Revised Conservation Easement 9-06 -10-
perform any act required by this Paragraph shall not impair the validity of this Easement
or limit its enforceability in any way.
12. Estoppel Certificates. Upon request by Owner, Town shall within twenty-one
(21) days execute and deliver to Owner, or to any party designated by Owner, any
document, including an estoppel certificate, which certifies, to the best of Town's
knowledge, Owner's compliance with any obligation of Owner contained in this
Easement or otherwise evidences the status of this Easement Such certification shall be
limited to the condition of the Property as of Town's most recent inspection. If Owner
requests more current documentation, Town shall conduct an inspection, at Owner's
expense, within thirty (30) days of receipt of Owner's written request therefor.
13. Notices. Any notice, demand, request, consent, approval, or communication that
either party desires or is required to give to the other shall be in writing and may be sent
by registered or certified mail, return receipt requested, or by UPS or Federal Express
with proof of delivery, addressed as follows:
To Owner: Lois Crozier Hogle Living Trust
es
—
Attn: Frances Kelley, Trustee
To Town: Town of Los Altos Hills
Attention: Mayor
26379 Fremont Road
Los Altos Hills, CA 94022
or to such other- address as either party from time to time shall designate by written notice
to the other
14_ Recordation. Town shall record this instrument in a timely fashion in the official
records of Santa CIara County, California, and may re-record it or a notice of the
Easement at any time as may be required to preserve its rights in this Easement.
16, Subordination.. Any mortgage, deed of trust, or other lien or encumbrance upon
all or any part of the Property which pre -dates this Easement or comes into existence or is
recorded in the place for the recording of such lien or encumbrance after the date of this
Easement shall be subject and subordinate to this Easement.
16. Unconditional Donation. Town makes no warranty, representation, or other
assurance regarding the availability, amount or effect of any deduction, credit, or other
benefit to Owner under United States or any state, local or other tax law to be derived
Revised Conservation Easement 9-06 - I l -
from the donation of this Easement. This donation is not conditioned upon the
availability or amount of any such deduction, credit, or other benefit.
IT Amendment, If circumstances arise under which an amendment to or
modification of this Easement would be appropriate, Owner and Town may jointly
amend this Easement; provided, that no amendment shall be allowed that will affect the
qualification of this Easement or the status of Town under any applicable laws, including
the California Conservation Easement Act or Section 170(h) of the Internal Revenue
Code, as amended, and any amendment shall be consistent with the purposes of this
Easement. Any such amendment shall be in writing, shall refer to this Easement by
reference to its recordation date, and shall be recorded in the Official Records of Santa
Clara County, California
18. General Provisions
18.1 Controlling Law. The interpretation and performance of this Easement shall be
governed by the Iaws of the State of California.
18.2 Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Easement shall be liberally construed in favor of the grant to effect
the purpose of this Easement and the policy and purpose of the California Conservation
Easement Act. If any provision in this instrument is found to be ambiguous, an
interpretation consistent with the purpose of this Easement that would render the
provision valid shall be favored over any interpretation that would render it invalid.
18.3 No Third -Party Rights. This instrument is made and entered into for the sole
benefit and protection of Owner and Town and their respective successors and assigns.
No person or entity other than the parties hereto and their respective successors and
assigns shall have any right of action under this Easement or any right to enforce the
terms and provisions hereof.
18.4 Severability: If any provision of this Easement, or the application thereof to any
person or circumstance, is found to be invalid, the remainder of the provisions of this
Easement, or the application of such provision to persons or circumstances other than
those as to which it is found to be invalid, as the case may be, shall not be affected
thereby.
18.5 Entire Agreement. This instrument sets forth the entire agreement of the parties
with respect to the Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Easement, all of which are merged herein.
18.6 No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Owner's title in any respect.
18.7 Binding on Successors. The covenants, terms, conditions, and restrictions of this
Easement shall be binding upon, and inure to the benefit of, the parties hereto and their
respective personal representatives, heirs, successors, and assigns and shall continue as a
servitude running in perpetuity with the Property. The terms "Owner" and "Town,"
Revised Conservation Easement 9.06 -12-
whenever used herein, and any pronouns used in place thereof, shall include,
respectively, the above-named Owner and her personal representatives, heirs, successors,
and assigns, and the above-named Town and its successors and assigns,
18.8 Termination of Rights and Obligations. Except as expressly provided otherwise,
a party's rights and obligations under this Easement terminate upon transfer of the party's
interest in the Easement or Property, except that liability for acts or omissions occurring
prior to transfer shall survive transfer
18.9 Captions.. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect
upon construction or interpretation.
18 10 Counterparts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by both parties; each counterpart
shall be deemed an original instrument as against any party who has signed it. In the
event of any disparity between the counterparts produced, the recorded counterpart shall
be controlling.
18.11 Exhibits. All exhibits referred to in this Easement are attached hereto and are
incorporated herein by this reference.
Revised Conservation Easement 9.06 -13-
TO HAVE AND TO HOLD unto Town, its successors, and assigns forever.
IN WITNESS WHEREOF Owner and Town have executed and delivered this
Amended and Restated Deed of Conservation Easement as of the date first set forth
above.
OWNER
By: Frances Kelley
Its: Trustee
By: Dean
Its: Mayor
ATTEST:
Karen Jost, C' Clerl of Town
Revised Conservation Easement 9-06 -14-
Certificate of Acknowledgement
State of California
County of SXtx-etrra
On L'Y—+ - � O ,2006 before me, 04ros M �tA dw , personalIy appeared
am68S G![f l e (or prove(fto me on the basis of
satisfactory evidence) to be person(aywhose name(4) is/Wsubscribed to the within
instrument and acknowledged to me that be'/she/tiity executed the same in his/her/their
authorized capacity(*T, and that by hisfher/toe signature(aj-on the instrument the
personf�)Y,, or the entity upon behalf of which the person(s7 acted, executed the instrument..
WITNESS my h d and official seal.
Signature eal) P���A [
Cam rWon #1662681
Notary Pubao - ColfdM
tcsAngeles Ccmty
NAV Comm. ExOtes Ad 21, 2010
Revised Conservation Easement 9-06
-15-
LEGAL DESCRIPTION OF THE PROPERTY
Revised Conservation Easement 9-06 -16—
EXHIBIT "A"
LEGAL DESCRIPTION
FORA
CONSERVATION EASEMENT
Being a portion of a 86.67 acre parcel as described in the deed to Leander L. James,
recorded in Book 370, Page 373, Official Records of Santa Clara County and being all of Parcel
No. 1 as described in the deed to Lois Crozier-Hogle, filed July 11, 1984, and recorded as
Document Number 8122620, Official Records of Santa Clara County, situate in the Town of Los
Altos Hills, County of Santa Clara, State of California, being more particularly described as
follows:
Beginning at the easterly comer of said parcel, also lying in the westerly right-of-way
line of Old Page Mill Road;
Thence, southerly along said right-of-way line, S22016'06"W, 33.35 feet to the
southeasterly comer of said parcel;
Thence, along a southerly line of said parcel, N41°54'00"W, 1,234.52 feet and
N60°34'20"W, 128.44 feet to the easterly line of said 86.67 acre parcel;
Thence, southerly along said easterly line, S 10°57'51 "W, 661.00 feet;
Thence, across said 86.67 acre parcel, N79°01'10"W, 549.50 feet to the westerly of said
86.67 acre parcel;
Thence, along said westerly line, N10°58'50"E, 875.00 feet to the northwest comer of
said 86.67 acre parcel;
Thence, along the northerly line of said 86.67 acre parcel and the northerly line of said
Parcel No. 1, S60°34'20"E, 579.48 feet, S60'54'51 "E, 142.63 feet, and S41°54'00"E, 1,224.99
feet to the Point of Beginning.
Containing 10.820 acres of land, more or less.
Prepared on February 2, 2005, by
MARK THOMAS COMPANY, INC.
LAN SURGF
Tom H. Milo LS No, 6438 EXPIRES i 2 j�lo
Expiration Date 12/31/06 6438
Signed on / o qac" OF CA1-����~
Date
EXHIBIT B
MAP Or THE PROPERTY
Revised Conservation Easement 9.06 -17-
s
� 60;x.
fo'
LANDS OF I s?9yB,
STANFORD UNIVERSITY
PLT TO ACCOMPANY DESCRIPTION OF
PROPOSED CONSERVATION EASEMENT
MARK THOMAS & CO. INC.
CONSULTING CIVIL ENQNEERS R MUNICIPAL PLANNERS
OMCES IN SAN .IOSE. CuPERTINO. SACRAMENTO AND SAUNAS
DESIGNED BYOCJAPPROVED ON 02/02/2005 JOB NO. SHEET
CKD. BY TH . BY TOM H. MILO 51-51004 I
BATE 02/02/2005 FILE NO. OF/
SCALE t' - 2DD' It ko_ 64M EXP. 12/31106 XXXX � 1
Cooserrotion
TOWN OF LOS ALTOS HILLS
COUNTY OF 'SANTA CLARA
STATE OF CALIFORNIA
s
CONSERVATION
EASEMENT
to
44
-
:co'
LANDS OF
o
LOIS CROZIER—HOGLE
z
10.820± ACRES
to
2000 OLD -PAGE .MILL RD
3
DOC. N0. 81.22620
A.P.N. 182=31=065
1
WI1I AW E JARVIS
o
PARCEL C
N 7g 01'1O�.r,4
to
l
.Sp
LANDS OF
LETICIA JARVIS
DOC. NO. 18125880
A.P.N. 182-31-064
EXHIBIT A
PLT TO ACCOMPANY DESCRIPTION OF
PROPOSED CONSERVATION EASEMENT
MARK THOMAS & CO. INC.
CONSULTING CIVIL ENQNEERS R MUNICIPAL PLANNERS
OMCES IN SAN .IOSE. CuPERTINO. SACRAMENTO AND SAUNAS
DESIGNED BYOCJAPPROVED ON 02/02/2005 JOB NO. SHEET
CKD. BY TH . BY TOM H. MILO 51-51004 I
BATE 02/02/2005 FILE NO. OF/
SCALE t' - 2DD' It ko_ 64M EXP. 12/31106 XXXX � 1
Cooserrotion
TOWN OF LOS ALTOS HILLS
COUNTY OF 'SANTA CLARA
STATE OF CALIFORNIA
s
LANDS OF
WILLIAM. E JARVIS
PARCEL A
BOOK 327, PAGE 22
A.P.N. 182-31-07.8
N
IzI p HND
EXPIRES !24010
64581,
430 �
. OF C hi
200' 0 200'
GIRAPHIO-00ALE
\\ N 0
s 9 LANDS of
STANFORD UNIVERSITY
ti ♦ STr. 0
r Op
�a X99,
RLj
S
LANDS OF �9}-
WILLIAM E JARVIS
PARCEL B
BOOK 327, PAGE 22
A.P.N. 182-31-077
r?
w
o
�
to
3
LANDS OF
WI1I AW E JARVIS
o
PARCEL C
BOOK 327, PAGE 22
to
l
A.P.N. 182-31-067
LANDS OF
WILLIAM. E JARVIS
PARCEL A
BOOK 327, PAGE 22
A.P.N. 182-31-07.8
N
IzI p HND
EXPIRES !24010
64581,
430 �
. OF C hi
200' 0 200'
GIRAPHIO-00ALE
\\ N 0
s 9 LANDS of
STANFORD UNIVERSITY
ti ♦ STr. 0
r Op
�a X99,
RLj
S
LANDS OF �9}-
WILLIAM E JARVIS
PARCEL B
BOOK 327, PAGE 22
A.P.N. 182-31-077
RESOLUTION NO. 96-06
RESOLD T ION OF THE Cl —1y' COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING
AND AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED DEED OF
CONSERVATION EASEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND FRANCES .
a
KELLY, AS TRUSTEE OF THE LOIS CROZIER HOGLE LIVING TRUST
WHEREAS, the Town of Los Altos Hills and Lois Crozier Hogle entered into a
Conservation Easement and Declaration of Restrictions and Covenants, "Conservation Easement,"
on January 20, 2005; and
WHEREAS, the City Council of the Town of Los Altos Hills approved and authorized the
Conservation Easement by Resolution No. 2-05 on January 20, 2005; and
WHEREAS, Frances Kelley, as trustee of the Lois Crozier Hogle Living Trust now desires
to amend the Conservation Easement to make the Conservation Easement conform to the federal
tax requirements for a conservation easement; and
WHEREAS, the City Council of the Town of Los Altos Hills has read and considered the
Amended and Restated Deed of Conservation Easement, "Amended Easement," and has
determined that the conservation goals of the Conservation Easement are not altered by the
Amended Easement.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as
follows:
. The Town of Los Altos Hills hereby approves the Amended and Restated Deed of
Conservation Easement between the Town of Los Altos Hills and Frances Kelley, as Trustee of the
Lois Crozier Hogle Living Trust.
PASSED AND ADOPTED this/:Aday Qf��� �,006.
ATTEST:
aver '"
,City lerk
I, Karen Jost, duly appointed City Clerk for the Town of Los Altos Hills, do
herby declare under penalty of perjury that the foregoing is true.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this IST day of November, 2006
Date: November 1, 2006 Attest: Q-P�
Place: Town Hall Ci Clerk
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
26379 Fremont Road
Los Altos Hills
California 94022
650/941-7222
Fax 650/941-3160
CIAttarhmen.t 3
DEC 21 Lull
TOWS! OF LOS ALTOS HILLS
Cm ramni erocic Concrete Mix Proportions
Admixtures and Additives Volume (eal/vd):
DCI F0
Weight (oz/cwt) (oz/vd) Weight (oz/cwt) (oz/vd) Eclipse
Daravair 1000 0.00 Calcium Chloride p� 0.00 Misc :
WRDA 64 ® 30.03 Polarset p� 0.00 Other Admix FV -Mar
ADVA 9 0.00 RECOVER 10 50.03 Other Admix Wi 10 oz/cy
This mix design has been prepared based on job requirements communicated by our customer. Unless specifically provided in
the mix design, the concrete has not been designed for use in special conditions, including high sulfate soils or corrosive
environments, or for applications requiring the concrete to serve as a water or vapor barrier. If the specifications or site conditions
require special strengths, cement types, water/cement ratios, admixtures, or other special characteristics of the concrete mix,
please contact your Graniterock representative. This concrete may be made with recycled concrete materials, including reclaimed
aggregate and water, unless prohibited by applicable specification or law. Graniterock strongly recommends that this mix design
be submitted to the owner and/or project design professional to ensure compatibility with project requirements.
Submitted By: Granite Rock Representative
Eil
Malcolm 8aldrige National Quality Award Winner 1992
(831)768-2330 Fax (831)768-2403
Date: 10/27/2011
Customer Use:
Customer:
Notes:
Project #:
Project:
Required
Strength:
Branch#: 381
Expected Strength @ 28days:
Mix #: 08-4-527
Est Slump (in):
Class:
Sacks / CY:
5.32
Type: Pervious Concrete
W/C Ratio:
0.32
Comments:
Entrained Air (%):
0
Basic Mix Data -
( METRIC UNITS: )
Ingredient Relative Density
Volume (cuA)
Weight (lbs.SSD)
Vol (cu.m.) Wt (kg.SSD)
Cement ('Type 11) 3.15
1.91
375
0.07 222
0.00
0
0.00 0
Fly Ash 2.3
0.87
125
0.03 74
Water 19.0 (gal)
2.54
158
0.09 94
Air
5.34
0.20
0.00
0
0.00 0
0.00
0
0.00 0
0.00
0
0.00 0
0.00
0
0.00 0
Southside 3/8 2.63
16.34
2682
0.61 1587
0.00
0
0.00 0
0.00
0
0.00 0
0.00
0
0.00 0
0.00
0
0.00 0
0.00
0
0.00 0
0.00
0
0.00 0
0.00
0
0.00 0
TOTALS:
27.00
3340
1.00 1977
Admixtures and Additives Volume (eal/vd):
DCI F0
Weight (oz/cwt) (oz/vd) Weight (oz/cwt) (oz/vd) Eclipse
Daravair 1000 0.00 Calcium Chloride p� 0.00 Misc :
WRDA 64 ® 30.03 Polarset p� 0.00 Other Admix FV -Mar
ADVA 9 0.00 RECOVER 10 50.03 Other Admix Wi 10 oz/cy
This mix design has been prepared based on job requirements communicated by our customer. Unless specifically provided in
the mix design, the concrete has not been designed for use in special conditions, including high sulfate soils or corrosive
environments, or for applications requiring the concrete to serve as a water or vapor barrier. If the specifications or site conditions
require special strengths, cement types, water/cement ratios, admixtures, or other special characteristics of the concrete mix,
please contact your Graniterock representative. This concrete may be made with recycled concrete materials, including reclaimed
aggregate and water, unless prohibited by applicable specification or law. Graniterock strongly recommends that this mix design
be submitted to the owner and/or project design professional to ensure compatibility with project requirements.
Submitted By: Granite Rock Representative
Ott
What is Pervious?
Pervious Pavement is a. unique cement -based concrete product that has a porous
structure that allows rainwater to.pass directly through thepavement. and into the soil
naturally.This is achieved without compromising the strength, durability, or integrity of
the concrete structure itself.
The pavement is comprised of a special blend of Portland Cement coarse aggregate
rock, and water. Once dried, the pavement has a porous texture that allows water to
drain through it at the rate of 3 to 5 gallons per minute, per square foot.That's
impressive considering tests conclude that a square foot of bahia sod drains at the rate
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degrades much of the hydrocarbon
residue—the remainder is degraded
by soil bacteria.
Increase Land
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Developers want to make available and
maximize the commercial use of every
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designed with Pervious Pavement drives
and parking areas will allow you to
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Regulatory Compliance: Pervious concrete paving used for infiltration has been accepted by the U.S.
EPA as an accepted alternative to more traditional stormwater pollution prevention (SWPP) BMPs such as
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