AGENDA ITEM #4.G. TOWN OF LOS ALTOS HILLS Staff Report to the City Council. January 27, 2016

Transcription

1 AGENDA ITEM #4.G TOWN OF LOS ALTOS HILLS Staff Report to the City Council January 27, 2016 SUBJECT: FROM: DEDICATION OF RIGHT-OF-WAY EASEMENT LANDS OF WOLAK DE BELL ROAD Richard Chiu, City Engineer/Public Works Director,e.CJt APPROVED: Carl Cahill, City Manager C,.C... RECOMMENDATION: That the City Council: Adopt the attached resolution accepting dedication of right-of-way easement adjacent to De Bell Road. DISCUSSION: The attached 5-foot wide dedication of right-of-way easement adjacent to De Bell Road 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 residence. FISCAL IMPACT: There is no fiscal impact associated with this recommendation. De Bell Road is a public street and acceptance of this additional right-of-way easement will not significantly 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 Report prepared by: John Chau, Assistant Engineer cc: Frank Wolak De Bell Road Los Altos Hills, CA 94022

2 Attachment 1 RESOLUTION NO. --- RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING DEDICATION OF RIGHT-OF-WAY EASEMENT (Lands of Wolak) WHEREAS, Frank A. Wolak and Michele P.B. Wolak ("Owners"), the owners of the property commonly known as De Bell Road, 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 , Owners have 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-ofway 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. PASSED AND ADOPTED this day of, BY: ATTEST: John Harpootlian, Mayor Deborah L. Padovan, City Clerk 2

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

4 Attachment 2 This Document Is 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 RIGHT-OF-WAY EASEMENT DEDICATION TO THE TOWN OF LOS ALTOS HILLS (Lands of Wolak) THIS DEDICATION is made this Jrday of -pecembe V:, 2015, by Frank A. Wolak and Michele P.B. Wolak, husband and wife as community property with right of survivorship ("Owners"), the owners of the property located at De Bell Road, Los Altos Hills, California, to and for the benefit of the Town of Los Altos Hills, a municipal corporation ("Town"). Section 1. Owners do hereby-offer to dedicate to Town an easement for street right of way purposes and incidents thereto that po1iion 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. IN WITNESS WI-IEREOF, the Owners have properly executed, and the Town has hereby accepted, this Dedication as follows: OWNERS: Date: l 'f ])e c_ z~ / S-- Frank A. Wolak Date: t Y bee, ;Lo I'S Michele P.B. Wolak

5 TOWN OF LOS ALTOS HILLS: Date: John Harpootlian, Mayor ATTEST: Deborah L. Padovan, City Clerk

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

7 EXHIBIT "A" LEGAL DESCRIPTION FOR RIGHT OF WAY EASEMENT LANDS OF WOLAK DE BELL ROAD, TOWN OF LOS ALTOS HILLS, CA ALL THAT CERTAIN REAL PROPERTY, SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF LOT 38, AS SAID LOT IS SHOWN ON THAT CERTAIN MAP ENTITLED, "TRACT NO PINECREST HEIGHTS NO. 2", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA ON MAY 18, 1954 IN BOOK 50 OF MAPS, AT PAGES 14AND15, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 5.00 FEET OF SAID LOT 38 DESCRIBED AND DELINEATED ON SAID MAP, SAID EASTERLY LINE BEING THE RIGHT OF WAY OF DE BELL ROAD, FORMERLY DE BELL DRIVE, AS SHOWN THEREON. THE ABOVE DESCRIPTION IS SHOWN ON EXHIBIT "B" AND BY REFERENCE MADE A PART HEREOF. CONTAINING 1, 711 SQUARE FEET, MORE OR LESS. END OF DESCRIPTION PREPARED BY OR UNDER DEC. 2,2015 Page 1 of2

8 0) (/) f'r) Q LI) <:::(, 1-- ~ I 0 '1- --J 0, \/.v LOT MAPS \ s1 LI).II I 0...,.... N3... o... ss'fil>"l2.., ;;;,;;9._' "" LANDS OF WOLAK O.R. LOT MAPS LOT 4 41 MAPS VICINITY MAP NO SCALE I t I I DE BELL ROAD FORMERLY DE BELL DRIVE LEGEND 0=24.43'00" R=300.00' L=129.42' BOUNDARY /EXISTING RIGHT OF WAY LINE ADJACENT PROPERTY LINE RIGHT OF WAY EASEMENT CENTERLINE PAGE 2 OF 2 IA ~ ~ ~"~~.~:: E~~~E:~!~G, BAY AREA REGION SACRAMENTO REGION 2495 INDUSTRIAL PKWY ~ST 3017 DOUGLAS BLVD, I 300 HAYWARD, CALIFORNIA ROSEVILLE, CA (P) (510) (P) (916) (F) (510) (F) (916) RAZE. COM JOB SU SCALE: 1" = 60' EXHIBIT "B" RIGHT OF WAY EASEMENT LANDS OF WOLAK DE BELL ROAD,

9 CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL 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 CALIFORNIA ) COUNTY OF 3A~t I~ Cl A-'1-4 ~ On ~C:::-e. I L1, 2015, before me, \',..\A \JLl:)L A'l\JLL P.At--J 'ht'), Notary Public, personally appeared \' 1 \ 'LC:J--\ C2 L Q;. f. 13,. \ l'-(c? LI\ '<----, 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _ 1_~----- (Seal)

10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL 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 California County of On s oo+fl CJ BCQ be_c. \ 6, ljj \ 5 before me, Date I ) ) & t-bn ne,avj /a) A--1 Dfz-:Jty,Pu.bl 1 (,, Here Insert Name and Title of the Officer peraon~~~~itt~~-~~~~q~o~l_ -~- ~ ~~~O~l~a~~~~~~~~~~~~~ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s} whose name~)@afesubscribed to the within instrument and acknowledged to me that '@st:iattl'ley executed the same authorized capacity~ies), and that by@herafteif signature~} on the instrument the person'~. or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public _ Place Notary Seal Above ~~~~~~~~~~~~~~~OPTIONAL~~~~~~~~~~~~~~~ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do>?_w~ent.. Title or Type of Document: \At.QI rf f? 'D \fj f...$.. 0Ylentnocume_nt Dale: I Z-l 1l\~\ 15 Number of Pages: L Signer(s) Other Than Named Above: ~ \Cht:-t, ~\Jol at;) CtitLrrenal1 Capacity{ies) Claimed by Signer{s) Signer's Name: Con\g BVl Signer's Name: ~--- 0 Corporate Officer - Title(s): D Corporate Officer - Title(s): -=~ Partner - D Limited D General D Partner - D Limited neral ~ Individual D Attorney in Fact D Individual g_at orney in Fact D Trustee D Guardian or Conservator D Trustee Guardian or Conservator D Other: D Other: -7"" Signer Is Representing: 5- (.f Sig~.K,~~~~' R>.~'%m~'%.' -'@;.'hl<>'ib~~~'%"@.' <..."\&'IB.i'%.'m~~ 2014 National Notary Association US NOTARY ( ) Item #5907

11 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. Identify existing and desirable emergency access connections. Circulation & Scenic Roadways Element Los Altos Hills General Plan Page C- 10

12 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). Implement this program through the Town's annual Capital Improvement Program budget. Narrow paved roadway and roadside pathway along Concepcion Road Circulation & Scenic Roadways Element Los Altos Hills General Plan Page C- 11

13 Attachment FPlEIWlONT ROAD, LOI ALTOI HILLS, CALIFORNIA t40z2 ((15) DATE: December 22, 1988 TO: Honorable Mayor and City Council FROM: Bill Ekern, Acting City Manager ~ RE: Recommendations of Subcommittee on Road Right-of-Way RECOMMENDATION: It 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. It 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 or minor be included as an exhibit for the Plan. The subcommittee appointed by the City Council to formulate a policy recommendation for road right-of-way dedication has 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 Works 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. DEFINITIONS: 1. Right-of-way: Generally defined in Municipal Code Section and Section talks specifically about the required widths. It is also worth noting the language in the purpose statement of Section

14 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 property. Defined in Section as any road having but one outlet for vehic u1ar travel, the terminus of said road being within the subdivison, enclosed by parcels of land comprising lots or parcels of the subdivision, and havihg speci~l facilities for th~ turning around of vehicular traffic. As defined in #5, above, except further defined as enclosed by not more than 4 nonsubdi vidable parcels. OTHER DEFINITIONS: 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 dwelling 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% floor area increase as the definition of a major addition. POLICY 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

15 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. In no event shall the dedicated right-of-way width be less than a 20 foot half street. 5. The City Engineer can recommend 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. It is the policy of the Town not to approve the creation of new 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. In 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' 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

16 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. It 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. DISCUSSION: In 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 designated as local and cul-de-sac, 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. It 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 development authority. If more than half of the street is of the greater dimension, the precedent would be presumed to have been 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 the requirement. If the majority of the right-of-way is equal to that bordering the project site, then no requirement would be levied. Page 4