Adopt the attached resolution accepting dedication of right-of-way easement adjacent to Oneonta Drive: : j ". : ;..

Transcription

1 AGENDA TEM #4.L TOWN OF LOS ALTOS HLLS Staff Report to the City Council September 21, 2017 SUBJECT: FROM: DEDCATON OF RGHT-OF-WAY EASEMENT LANDS OF DUTCHNTS DEVELOPMENT, LLC ONEONTA DRVE Allen Chen, Public Works Director/City Engineer.~ APPROVED: Carl Cahill, City Managerc.C.. RECOMMENDATON: That t,he City Council: Adopt the attached resolution accepting dedication of right-of-way easement adjacent to Oneonta Drive: : j ". : ;.. DSCUSSON '., '. "., The attached l,025 square feet dedication of right-of.-way easement adjacent to Oneonta Drive is to create a thirty-foot half width right-of-way in conformance with the Town's Right Of-Way Policy adopted by the City Council on February 15, 1989, and the General Plan Circulation & Scenic Roadways Element Goal 2. This dedication of Right-Of-Way Easement was one of the conditions of approval for the site development permit for a new re'sidence. FSCAL MP ACT: There is no fis~a1 impact associated with this recomrn~ildatio.~. Oneonta Drive is a public street and acceptance of this additional right~of-way. easement 'is riot expected to increase funding requirements for maintenance. ATTACHMENTS: 1. Resolution 2. Dedication of Right-Of-Way Easement 3. Copy of General Plan Goal 2 4. Right-of-Way Policy :. i Report prepared by: John Chau, Assistant Engineer

2 Attachment 1 RESOLUTON NO. --- RESOLUTON OF THE CTY COUNCL OF THE TOWN OF LOS ALTOS HLLS ACCEPTNG DEDCATON OF RGHT-OF-WAY EASEMENT (Lands of Dutchints Development, LLC) WHEREAS, Vahe Tashjian is authorized Member of the Company for Lands of Dutchints Development, LLC ("Owner"), owner of the property commonly known as Oneonta Drive, Los Altos Hills, California; and WHEREAS, Section of the Los Altos Hills Municipal Code ("Code") authorizes the Planning Director or Planning Commission to require dedication of a right-of-way of sufficient width to conform to current Town standards whenever a site development permit is requested for a lot which was created prior to January 1, 1973 and where the driveway or contiguous road rights-of-way are substandard; and WHEREAS, pursuant to Section , Owner has offered to dedicate a certain portion of their property to the Town for right-of-way purposes; and WHEREAS, the City Council has determined that acceptance of the right-ofway easement dedication satisfies the requirements of the Code and serves an important public purpose; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: The Town hereby accepts on behalf of the public the dedication of the right-of-way easement described and depicted in Attachment A hereto; and that the Mayor is hereby authorized and directed to execute the Dedication on behalf of the Town. PASS ED AND ADOPTED this day of, ATTEST: BY: Gary Waldeck, Mayor Deborah L. Padovan, City Clerk 2

3 Attachment A Offer of Right-of-Way Easement Dedication 3

4 Attachment 2 This Document s Recorded For the Benefit of the Town of Los Altos Hills And is Exempt from Fee Per Government Code Sections 6103 and When Recorded, Mail to: Town of Los Altos Hills Fremont Road Los Altos Hills, CA Attention: City Clerk OFFER OF RGHT-OF-WAY EASEMENT DEDCATON TO THE TOWN OF LOS ALTOS HLLS (Lands of Dutchints Development, LLC) THS DEDCATON is made this a.a_ day of Av31J>A., 2017, by Dutchints Development, LLC, a California Limited Liability Company ("Owner"), the owner of the property located at Oneonta Drive, Los Altos Hills, California, to and for the benefit of the Town of Los Altos Hills, a municipal corporation ("Town"). Section 1. Owner does hereby offers to dedicate to Town an easement for street right of way purposes and incidents thereto that portion of the real property situated in the Town of Los Altos Hills, County of Santa Clara, State of California as described and depicted in Exhibit A attached hereto ("Dedication"). Section 2. The Town hereby accepts this Dedication. N WTNESS WHEREOF, the Owner has properly executed, and the Town has hereby accepted, this Dedication as follows: OWNER: Date: Authorize Agent Name

5 TOWN OF LOS ALTOS HLLS: Date: Gary Waldeck, Mayor ATTEST: Deborah L. Padovan, City Clerk

6 Exhibit A Legal Description for Street Dedication and Plat Accompanying Legal Description

7 EXHBT "A" LEGAL DESCRPTON FOR RGHT OF WAY EASEMENT DEDCATON LANDS OF DUTCHNTS DEVELOPMENT, LLC ONEONTA DRVE, LOS ALTOS HLLS, CA APN CERTAN REAL PROPERTY STUATED N THE TOWN OF LOS ALTOS HLLS, COUNTY OF SANTA CLARA, STATE OF CALFORNA; BENG A PORTON OF LOT 4 SHOWN ON TRACT NO. 547 ENTTLED "OAK KNOLL ESTATES," FLED N BOOK 22 OF MAPS AT PAGE 6, RECORDED ON JANUARY 10, 1949, SANTA CLARA COUNTY RECORDS, MORE PARTCULARLY DESCRBED AS FOLLOWS: BEGNNNG AT THE MOST WESTERLY CORNER OF SAD LOT; THENCE ALONG THE NORTHWESTERLY LNE OF SAD LOT, NORTH 60 45'19" EAST 5.13 FEET; THENCE LEAVNG SAD LNE, ACROSS SAD LOT, AT 5 FOOT PARALLEL OFFSET TO THE SOUTHWESTERLY LNE OF SAD LOT, SOUTH 42 01'41" EAST FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVNG A RADUS OF FEET, THROUGH A CENTRAL ANGLE OF 77 13'00", AN ARC DSTANCE OF FEET TO A PONT ON THE SOUTHEASTERLY LNE OF SAD LOT; THENCE ALONG THE SOUTHEASTERLY LNE OF SAD LOT, ALSO BENG THE NORTHWESTERLY LNE OF THE RGHT OF WAY OF STONEBROOK DRVE, SOUTH 60 45'19" WEST 5.13 FEET; THENCE ALONG A TANGENT CURVE TO THE RGHT HAVNG A RADUS OF FEET, THROUGH A CENTRAL ANGLE OF 77 13'00", AN ARC DSTANCE OF FEET TO A PONT ON THE SOUTHWESTERLY LNE OF SAD LOT, ALSO BENG THE NORTHEASTERLY LNE OF THE RGHT OF WAY OF ONEONTA DRVE; THENCE ALONG SAD LNE OF SAD LOT, NORTH 42 01'41" WEST FEET TO THE PONT OF BEGNNNG. CONTANNG 1,025 SQUARE FEET, MORE OR LESS. SEE EXHBT B FOR THE ACCOMPANYNG MAP, ATACHED HERETO AND MADE A PART THEREOF. BASS OF BEARNGS: THE BEARNGS DESCRBED HEREN ARE BASED ON THE NORTHWESTERLY LNE OF LOT 4 AS SHOWN AND MONUMENTED ON CERTAN RECORD OF SURVEY, RECORDED N BOOK 847 OF MAPS, PAGE 14, SANTA CLARA COUNTY RECORDS, TAKEN AS S60 45'19"W. PREPARED ON AUGUST 21, 2017 LC ENGNEERNG TOM H. MLO LS NO EXPRATON DATE 12/31/2018 LC ENGNEERNG 598 E Santa Clar'ii St, Suite 270, San Jose, CA SHEET 1OF2 P(408) F(408)

8 EXHBT "B" STONEBROOK CT a: <( w m LL 0 (/) Ui <( m - '-' N 01 lo ~ 0 N N '<!" w N : 01 3: -~. ~ 01 -~ 0 l[) (Q '<!" 0 {() (/) z a:: a ~ 0 a:: ffi z ~ C/),o~SQ ~ lia,1~ VCNTY MAP NOT TO SCALE LOT 5 APN S29'14'41"E FOUND 3/4" P TAG NOT LEGBLE PER 847 M 14 FOUND 5/8" REBAR LS 5571 PER 847 M ' LANDS OF DUTCHNTS DEVELOPMENT, LLC LOT 4 TRACT NO M 7 APN GROSS: 43,559± SF NET: ± SF DEDCATON AREA = SEE DETAL A S60'45'19"W L=67.38', R=50.00' LF=77'13'00", T=39.93' L=67.38', R=50.00' F 77'13'00", T =39.93' 1,025 SF---- ~~ ( ' ' r. ~ ~ ~,o ~ w > a: 0 3: ~ Ol ~ lo '<!" _J ' f\ '"") PLAT TO ACCOMPANY LEGAL DESCRPTON FOR RGHT OF WAY EASEMENT DEDCATON LANDS OF DUTCHNTS DEVELOPMENT, LLC ONEONTA DRVE APN Los Altos Hills California SCALE: 1" = 50' DATE:OB/09/17 DRWG. NAME: REVV: 08/18/17 PROJECT NO (Q (/) a: el m w z 1Q 1~ 00 SHEET 2 OF 2 LEGEND EXSTNG PROPERTY LNE ---- NEW PROPERTY LNE EXSTNG LOT LNE --- CENTERLNE POB PONT OF BEGNNNG AREA TO BE DEDCATED f0'a01 BASS OF BEARNGS THE BEARNGS SHOWN ON THS MAP ARE BASED ON THE NORTHWESTERLY LNE OF LOT 4 AS SHOWN AND MONUMENTED ON THAT CERTAN RECORD OF SURVEY, RECORDED N BOOK 847 OF MAPS, PAGE 14, SANTA CLARA COUNTY RECORDS, TAKEN AS S60'45'19"W. DETAL A SCALE: 1" = 5' GRAPHC SCALE ( N FEET ) 1 inch = 50 ft. _. ENGNEERNG ~ 598 E Santa Clara St #270 San Jqse, CA Phone: ( 408) Fax:

9 CALFORNA ALL-PURPOSE ACKNOWLEDMENT CVL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALFORNA ) ) COuNTY OF SA-1-H-A UA-fl/J... ) On Au Co.!2.2., 2017, before me, M Au Lrf L. /+f'l.i:j_ 6( N :o t'/", Notary Public, personally appea~ed \/A H c- ~ _s H :it: A. rj, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WTNESS my hand and official seal. Signature: - (Seal)

10 Attachment 3 GOAL2 Los Altos Hills enjoys its quiet semi-rural roadways and wishes to preserve its current character. Policy 2.1 Policy 2.2 Policy 2.3 Policy 2.4 Policy 2.5 Policy 2.6 Policy 2.7 Policy 2.8 Provide adequate space in public right-of-ways to accommodate semirural roadways, pathways, utilities, drainage, and vegetative buffers. Through traffic should remain on non-residential thoroughfares (i.e freeways, expressways, and arterials) to the maximum extent possible. Collectors, neighborhood connectors and local roads shall not be designed or improved to an extent that would encourage through traffic. Cul-de-sacs and loop-type roads shall be encouraged as a means of reducing traffic. The intensity of existing or proposed land uses shall not provide justification for widening roadway pavement widths. New or expanding development that will impact a road, whether private or public, should be required to improve the roadway surface and width to provide for adequate emergency access, and shall repair damage caused by construction. The Town shall pursue cost-effective maintenance of the roadway network. Roadways shall be maintained in a priority order based on traffic levels and cost effectiveness while preventing long-term deterioration. Roadway maintenance should not interfere with pathways or drainage. Program 2.1 Program 2.2 Develop right of way standards to generally accommodate roadway pavement, drainage, vegetative screening, utilities, slopes, and pathways, and to avoid excessive cuts or fills. A general guide for width would be 60 feet, although this will vary depending on conditions. Additional easements for slope or line of sight may be required. dentify existing and desirable emergency access connections. Circulation & Scenic Roadways Element Los Altos Hills General Plan Page C- 10

11 Program 2.3 Continue a roadway maintenance program, based on an ongoing Pavement Management Program (for example the Metropolitan Transportation Commission's Pavement Management Program). mplement this program through the Town's annual Capital mprovement Program budget. Narrow paved roadway and roadside pathway al_ong Concepcion Road Circulation & Scenic Roadways Element Los Altos Hills General Plan Page C- 11

12 Attachment 4 Z137t FREMONT RO.-.D, LO ALTOS HLLS, CALFORNA (~15) M DATE: December 22, 1988 TO: Honorable Mayor and City Council FROM: Bill Ekern, Acting City Manager 11 RE: Recommendations of Subcommittee on Road Right-of-Way RECOMMENDATON: t is the recommendation of Staff that the City Council adopt the attached recommendations of the Subcommittee on Road Right-of-way as a policy for the requirement of right-of-way dedication. t is further recommended that at the time of review of the Circulation Element of the General Plan, a map clearly defining existing roads as major oi minor be includ~d as an exhibit for the Plan~ The subcommittee appointed by the City Council to formulate a policy recommendation for road right-of-way dedication ha~ completed its review and makes the following proposals. The subcommittee consists of Councilmembers Siegel and Casey, Planning Commissioners Stutz and Patmore, and Director of Public Works Ekern. The subcommittee met three times in order to formulate these proposals. The first meeting outlined the areas of discussion. The Public Worki Director presented a map of the Town delineating categories of roads. Based on these categories, it was decided that there are two main classifications of roads in Town,.major and minor. Major roads are arterials and collectors. Minor roads are local and cul-de-sac. The second meeting centered around general policy for these types of roads. Specific roads were examined for existing rights-ofway. Concepcion Road and Purissima Road were examined as major roads. Hilltop and Hillview Drives were examined as minor roads. Prior to the third meeting, Councilmember Siegel prepared a draft policy for discussion. From this di~cussion the recommendations presented here were formed. DEFNTONS: 1. Right-of-way: Generally defined in Municipal Code Section and Section talks specifically about the required widths. t is also worth noting the language in the purpose statement of Section

13 ROADS: 2. Arterial: 3. Collector: 4. Local: 5. Cul-de-sac: 6. Short cul-desac: Defined in Section , as roads which provide through traffic movement between areas and across the City. Defined in Section , as roads which, because of their design and location, are intermediate in importance between a local road and... a thoroughfare,... and has the purpose of collecting local traffic and carrying it to a thoroughfare. Defianed in Section as one which is used primarily for local traffic or access to the abutting pr6perty. Defined in Section as any road having but one outlet for vehic ular travel, the terminus of said road being within the subdivison, enclosed by parcels of land comprising lots or parcels of the subdivision, and havihg s~eci~l f~6ilities ~cir th~ Eurning around of vehicular traffic. As defined in #5, above, except further defined as enclosed by not more than 4 nonsubdividable parcels. OTHER DEFNTONS: 7. Major Remodel: The addition to an existing residence that results in a 25%, or more, increase in floor area, including a bedroom, garage or secondary dwe 11 ing unit. Definitions #6,7 are not at present codified. These would be additional policy statements by the Council. Previous discussions at the Commission level have established the 25% flo~r area increase as the definition of a major addition. POLCY STATEMENT: 1.a. Arterial and Collector streets shall have a right-of-way width of 60 feet. b. A subdivision of land, a new residence on an existing lot, or a major remodel on an existing lot that fronts on an arterial or collector street shall dedicate right-of-way such that the half street right-of-way fronting that property shall be 30 feet. Page 2

14 2. A new local street or cul-de-sac created by a subdivision shall have a right-of-way width of 60 feet. 3. A new short cul-de-sac created by a subdivision shall have a right-of-way width of 50 feet. 4. A subdivision of land, a new residence on an existing lot or a major remodel on an existing lot that fronts on an existing local street or short cul-de-sac shall dedicate a half-street equal to the dedication that now exists for the majority of the lots on the street. n no event shall the dedicated right-of-way width be less than a 20 foot half street. 5. The City Engineer can re~ommend right-of-way dedications greater than set forth in this policy to meet unique conditions such as a split level roadway design. This concept is addressed in Municipal Code Section (e). 6. t is the policy of the Town not to approve the creation of ne~private roads and to accept existing private roads as public roads when they meet Town standards for right-of-way and construction. 6.a) 6.b) 6.c) A determination shall be made by the Planning Commission of the future.planned width of an existing private road. This determination shall be made at the time of the first subdivision or construction of a new residence or a major remodel of an existing residence which fronts on such existing private road. An irrevocable offer of dedication of the determined rightof-way width shall be required upon subdivision or site development, but such offer of dedication shall not be accepted by the Town until the complete right~of-way is available. n no event shall a road right-of-way of less than 40 feet be approved. 7. The setback for all new construction on all properties shall be no less than 70 1 from the centerline of the dedicated road right-of-way, or vehicular easement. 8. Per Sections and (c), slope control easements shall be required in addition to the right-of-way dedication when it is recommended by the City Engineer. NOTES: As further explanation for dealing with private roads: Page 3

15 1. Such a determination will assure that all property owners are treated uniformly and that the private road may eventually be accepted into the public road system. 2. t is advantageous for the Town to own and maintain the roads to better solve drainage and access problems for the general public. 3. The following factors shall be considered in the determination of the appropriate right-of-way for a private road: a) The maximum number of lots that could ultimately be served by the road; b) The potential for classification of the road as a short cul-de-sac or local road. c) The effect on the conformity of existing lots by the requirement of any additiorial right-of-way. DSCUSSON: n general, it is the belief of the subcommittee that there are benefits to the Town, both now and in the future, with wide rights-of-way. The right-of-ways help preserve the open space while allowing the Town to undertake public improvements such as tree planting, roadside pathways and, potentially, bicycle lanes. However, it was recognized that there are certain roads, those design~ted as local and cul-de-~ac, Which are not heavily travelled and on which certain benefits could be obtained by using the larger setback requirements and other easements which do not affect potential lot development. t is important to note the policy relating to site development permits. An analysis of the dedications and right-of-way of a street will be done before additional right-of-way is required by the site dev~lopment atithority. f more than half of the street is of the greater dimension, the precedent would be presumed to have beeri set and the dedication would be required. The project would, of course, have to be of the type or scope indicated in the policy to trigger th~ requirement. f the majority of the right-of-way is equal to that bordering the project site, then no requirement would be levied. Page 4