Cities Index.
Agenda packet

Los Altos Hills City Council
November 21, 2024

Document
Agenda packet
Meeting
November 21, 2024
Body
Los Altos Hills City Council
Pages
718
Original file
51.8 MB
Text extracted from the city's file for reading and search. Open the original on losaltoshillsca.api.civicclerk.com. That file is the official record.

Town of Los Altos Hills
Personnel Rules & Regulations
90 copyright laws. Internet access shall be used only for Town business during working hours.

2. Personal use shall be limited. All other Town employment policies (e.g., Workplace Harassment Policy, social media policy) apply to Internet use.

N. No Expectation of Privacy ‐ No Expectation of Privacy for Computer and Communication Equipment—The tools provided by the Town in accordance with this policy remain the property of the Town and are provided for the purpose of business communications. Accordingly, the Town retains the right to review Users' usage of such equipment. Users shall have no expectation of privacy for voice communications, electronic mail (e‐ mail) communications, internet use, messaging, and all other uses of computer and communication equipment. The Town does use software tools to restrict access to Internet sites and e‐mails deemed by Executive Management to be inappropriate for the workplace. The Town utilizes tools to track Internet use by Users. Examples of when Executive Management and IT Services may need to review User usage and messages sent or received include but are not limited to:

1. Retrieving lost messages

2. Recovering from system failures or monitoring system performance

3. Complying with internal and external investigations such as grievances, workplace harassment claims, or suspected criminal acts

4. Ensuring that Town systems are being used for business purposes and polices

5. Responding to Public Records Act requests or litigation discovery No User or department may implement additional security or encryption requirements without discussing in advance with IT Services and IT Managed Services provider prior to implementation. Employees shall make the passwords or other keysto "unlock" such encryption techniques available to their supervisors upon request. At no time shall employees use their network password as an additional security password.

O. Retention

1. Retention is based on the content of the e‐mail. The Town will maintain all e‐mail messages determined by staff to be official records (those that relate in a substantive way to the conduct of business, or are made or retained for the purpose of preserving the informational content for future reference) for the period of time

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91 designated in the Town'sretention schedule, based upon the content of the e‐mail,) by printing and saving them in a papersubject/ project file, or by saving them electronically in a subject / project folder.

2. Official records are saved and stored in subject / project file folders.

E‐mail messages which are intended to be retained in the ordinary course of the Town's business are recognized as official records that need protection / retention in accordance with the California Public Records Act. Because the e‐mail system is not designed for long term storage, e‐mail communications which are intended to be retained as an official record (those that relate in a substantive way to the conduct of business, or those that are made or retained for the purpose of preserving the informational content for future reference) should be saved in an electronic subject / project folder on the Town’s network, or be printed out and the hard copy filed in the appropriate subject/ project file so they can be accessed by other employees.

3. The Town restricts Personable Storage Table (PST) utilization used to store copies of email messages, calendar events, and other personal information.

4. E‐mail submitted to, or transferred from the agency, and all internal agency communications, including staff notes related to a non‐ exempt California Environmental Quality Act (CEQA) action are required to be retained until Completion of the CEQA process. This does not include:
a. “every e‐mail and preliminary draft.”
b. “e‐mail equivalent to sticky notes, calendaring faxes, and social hallway conversations — that is, e‐mails that do not provide insight into the project or the agency’s CEQA
compliance with respect to the project — are not within the scope of [Public Resources Code] Section 21167.6, subdivision (e) and need not be retained to comply with Section 21167.6.”

5. E‐mail communications that DO NOT relate in a substantive way to the conduct of business, or are NOT required to be retained by law nor by the City’s Records Retention policies, and were NOT made or retained for the purpose of preserving the informational content for future reference (preliminary drafts, notes, transitory correspondence, interagency or intra‐agency memoranda not retained in the ordinary course of business,) will be deleted by employees as soon as they are no longer required.

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Town of Los Altos Hills
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92 6. The Town will auto‐delete e‐mails left in the following mail boxes on a routine basis:
a. In boxes (delete what remains after 2 years)
b. Sent items (delete what remains after 2 years)
c. Deleted items (delete what remains after 90 days)
P. Archiving and “Auto‐Archiving” of e‐mails is not permitted.

Q. Personal Devices/Personal Accounts/Text messages. The Town discourages the use of personal e‐mail accounts, cell phones, or other personal devices to conduct Town business. If any of these are used to conduct Town business:

1. If the e‐mail from a personal device, personal account, or text contains content that needs to be preserved, it should be either:
memorialized via another record (memorandum, letter, or e‐mail) that is saved for its retention period (based upon the content of the record); or

2. Copied or forward t to a Town e‐mail account, where it will be properly saved in compliance with this policy.

3. E‐mails, records, and/or text messages stored on personal devices or in personal accounts relating to the conduct of Town business may be subject to the Public Records Act.

4. In the event a request for records is received, employees must locate all records responsive to such request, including any records stored on personal accounts or personal devices (unless an exemption applies.)
R. E‐mails may only be sent or forwarded to appropriate persons with a need to know the information to conduct Town business.

S. For confidential emails, the word “Confidential” should be included in the subject line . Do not “interfile” e‐mail or other privileged correspondence from the City Attorney’s Office with public documents (documents that are accessible to the public). These e‐mails are subject to the attorney‐ client and or the attorney work product privileges, and the contents should not be disclosed without first checking with the City Clerk.Litigation Holds / Other Types of Holds. E‐mails subject to litigation (including a reasonable expectation of litigation,) claims, complaints, audits, records requests and/or investigations are to be preserved and normal retention periods are suspended for these emails (retention resumes after settlement or completion of the triggering hold).

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Town of Los Altos Hills
Personnel Rules & Regulations
93 T. Privileged Attorney‐Client Communication. All employees should be aware that communication and correspondences with the City Attorney’s Office, and all work products, opinions, comments, written correspondence and emails from the City Attorney’s Office are confidential and protected by the attorney‐client privilege. Such privilege is only waivable by the City Council. Thus, employees shall not forward or reproduce attorney‐client privileged, confidential communication correspondence to any third party outside the Town, with the exception of Town‐retained consultants who are a part of a Town project team or are providing advisory or project management services to the Town. Any questions regarding whether a communication or correspondence is distributable, or whether a third party is considered a Town consultant able to receive privileged communication, should be directed to the City Attorney’s Office.

U. Separation / Transfer of Users

1. The Town’s IT Systems must be set up to immediately disable a separated employee’s access to Town e‐mail and/or other technology. Human Resources and Information Technology shall ensure timely notifications of all employee separations.

2. During separation, Human Resources will ensure employees:
a. Forward any e‐mails or text messages relating to Town business stored on personal devices or personal accounts to their Town e‐mail account.
b. Employees are to close and/or remove any access to Town e‐ mail or other technology systems from their personal devices. c. Information Technology shall ensure that the employee’s (former) supervisor has access to the former employee’s e‐ mail account.
d. The records stored in the e‐mail account (including any archives) of an employee who separates, or transfers shall be the responsibility of that employee’s (former) supervisor. e. The former employee’s supervisor shall review the e‐mails of the former employee, ensure the content of their e‐mail account are preliminary drafts not retained in the ordinary course of business (i.e. the content does NOT relate in a substantive way to the conduct of the public's business,) thenauthorize their deletion, after appropriate records are retained for their retention period, if applicable.
f. E‐mails that remain in an account (that are not saved in a subject/project file folder outside the e‐mail system) will be

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Personnel Rules & Regulations
94 routinely deleted after 2 years.

V. City Council Personal Computing Devices and Electronic Communications.

The following rules shall be applicable to all Los Altos Hills Council members:

1. To reduce the amount of paper utilized by the Town, the Town Council members shall be provided with the opportunity to utilize personal computing devices to store Town Council agenda materials and to access agenda materials during Council meetings.

For purposes of this subsection, a “personal computing device” includes iPads, mobile phones, tablets, laptops, notebooks, desktop computers and other such devices.

2. During Council meetings, noticed and open to the public pursuant to the Brown Act, the use of personal computing devices by Council Members to receive/send calls, emails, text messages or other communication is not permitted.

3. All information stored on the personal computing device may be subject to the California Public Records Act.

4. Use of any personal computing device provided by the Town to members of the Council shall comply with this policy, shall be the property of the Town, and shall be returned to the Town when the Council member is no longer serving in such capacity.

5. The primary use of personal computing devices shall be for Town related business. Incidental personal use is permissible provided the use complies with this policy.

W. Disciplinary Action
Appropriate disciplinary action, in accordance with Section 10 of the Employee Handbook may be taken if a User is found in violation of this policy. A User may also be subject to criminal or civil prosecution in accordance with other applicable State or Federal laws.

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Personnel Rules & Regulations
95 INFORMATION SECURITY PROCEDURES and EMPLOYEE SECURITY STATEMENT Section 1 — Purpose
The Town shall establish information security proceduresto which Users are expected to adhere.

These procedures are an extension of the Information Technology Use Policy and are applicable to all Users. The Town reserves the right to change the policies and procedures set forth in this policy at any time.

Users must not circumvent the policies, procedures, and safeguards implemented with the technology that protect the Town, its information, and its employees. Users must promptly report technology related security incidents or concerns to IT Services and IT Managed Services Provider
Section 2 ‐ Policy Specifics
A. Passwords
Passwords are an important aspect of computer security. They are the frontline of protection for User accounts. Passwords are used for various applications at the Town. Some of the more common usesinclude network accounts, web accounts, e‐mail accounts,screen saver protection, department specific applications, and voice‐mail access.

A poorly chosen password can compromise the Town 's network. As such, all Users are responsible for taking the appropriate steps, as outlined below, to select and secure their passwords. The Town requires the following:

Network
Minimum length: 8 characters
Complexity: letters, numbers, and special characters
Remember last password: 5 previous passwords
Require password change: 6 months
Lockout period: 15 minutes
Never use the same password for Town accounts as for other non‐Town account access (e.g., personal accounts, bank accounts, benefits, etc.).

Passwords should not be written down. No User shall share their User ID or passwords with any other Town User, non‐Town User, or person. No User shall log a person in and allow that person to perform work under a User ID and password that does not belong to that individual. Authority and access to all information is based on User ID. If a person needs additional authority or access, that person, their supervisor, or their employee contact (in the case of a vendor) shall contact IT Services to set it up.

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Town of Los Altos Hills
Personnel Rules & Regulations
96 All passwords are to be treated assensitive and confidential. Usersshall not reveal their password to anyone under any circumstances. For example, Users shall not reveal their password over the phone, in an e‐mail message, in any form of writing, including to any co‐worker, family member, etc.

As applicable, all accounts shall be protected by Two‐Factor Authentication (2FA).

B. Use of Town IT Systems with Non‐Town Computer Equipment Users can connect to the Town's network their personal computer equipment (excluding USB storage devices) to check email, calendar, and contacts, but not permitted to access other shared networks.

Any employee who wishes to attach or connect a consultant, vendor, or contract worker's personal computer equipment (including laptops) to the Town 's network shall agree to follow all the polices set forth in the Town 's IT Use Policy when attaching computer equipment to the Town 's network at any Town facility.

1. Town staff shall inform non‐Town employees of the inspection requirements, and when possible, provide advance notice to IT Managed Services Provider through the Help Desk to schedule the inspection.

2. The Town shall attempt to maintain the privacy of the individual's equipment, but once attached to the Town 's network, the Town retains the right to inspect the computer equipment in accordance with the IT Policy.

Except as explicitly authorized, Users shall not allow Town documents to be stored on a hard drive or other storage media attached to a non‐Town personal computer. Users shall not allow personal computer equipment that is connected to the Town 's network to be configured to allow web hosting, sharing, or Wi‐Fi services.

Town network access shall not be used to download files from the Internet, including but not limited to video, music, or applications, to a personal, non‐Town computer. No attempt shall be made to access data by any unauthorized means. The Town 's security policies may limit network access.

C. Vendor Remote Desktop Support
In certain circumstances Town vendors are allowed to provide remote support to specific User desktop computers. If a User allows a vendor to remotely support the desktop, computer Users shall ensure that only the vendor‐specific application is open on the desktop.

D. Employee Security Statement
By signing this form, I confirm that I have read, understand, and agree to the IT Policy and

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97 Attachment A, and understand the consequences for non‐compliance to its terms. The Town collects and receives confidential and personal information from the public to administer the various functions for which it has responsibility. The Town is committed to protecting this information from unauthorized access, use, or disclosure. I understand the following are my responsibilities:

1. As an employee of the Town, I may access confidential and personal information maintained by the Town only when necessary to accomplish the responsibilities of my employment. I shall not access or use this confidential or personal information for reasons personal to me or for personal gain.

2. I may disclose confidential or personal information maintained by the Town only to individuals who have been authorized to receive it through the appropriate procedures as governed by State law and Town ordinances and policy. In the case of confidential or personal information, a proper accounting of all disclosures must be made.

3. I understand I have a duty to promptly notify a supervisor of an indication of misuse or unauthorized disclosure of confidential or personal information by any employee of the Town.

4. I understand that computer passwords to the various Town systems are considered confidential information.

14.10 FRAUD POLICY
The Town of Los Altos Hills is committed to protecting its assets against the risk of loss or misuse. Accordingly, it is the policy of the Town to identify and promptly investigate any possibility of fraudulent or related dishonest activities against the Town and, when appropriate, to pursue legal remedies available under the law

14.10.1 General Provisions
A. Purpose ‐ To establish policy to ensure that employees are aware of what acts are considered to be fraudulent, what the procedures are for reporting suspected fraudulent acts, and what steps are to be taken when fraud or other related dishonest activities are suspected.

B. Definitions

1. “Fraud” – Fraud and other similar irregularities include, but are not limited to:
a. Claim for reimbursement of expenses that are not job‐ related or authorized by the current Town Reimbursement Policies; b. Forgery or unauthorized alteration of documents (checks,

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Personnel Rules & Regulations
98 promissory notes, time sheets, independent contractor agreements, purchase orders, budgets, etc.);
c. Misappropriation of Town assets (funds, securities, supplies, furniture, equipment, etc.);
d. Improprieties in the handling or reporting of money
transactions;
e. Authorizing or receiving payment for goods not received or services not performed;
f. Computer‐related activity involving unauthorized alteration, destruction, forgery, or manipulation of data or
misappropriation of Town‐owned software;
g. Misrepresentation of information on documents;
h. Any apparent violation of Federal, State, or local laws related to dishonest activities or fraud;
i. Seeking or accepting anything of material value from those doing business with the Town including residents, vendors, consultants, contractors, lessees, applicants, and grantees.

Materiality is determined by the Town’s Conflict of Interest Code which incorporatesthe Political Reform act of 1974, Regulations of the Fair Political Practices Commission ( 2 Cal.Admin.Code Sections 18100 et seq. ), and any amendments to the Act or regulations.

2. “Employee” – In this context, employee refers to any individual or group of individuals who receive compensation, either full‐ or part‐ time, from the Town. The term also includes any volunteer who provides services to the Town through an official arrangement with the Town or a Town organization.

3. “Manager or Management” – In this context, manager or management refers to any administrator, manager, director, supervisor, or other individual who manages or supervises funds or other resources, including human resources.

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Personnel Rules & Regulations
99 14.10.2 Policy
A. It is the Town’s intent to fully investigate any suspected acts of fraud, misappropriation, or other similar irregularity. An objective and impartial investigation will be conducted regardless of the position, title, length of service, or relationship with the Town of any party who might be involved in or becomes the subject of such investigation.

B. Each department of the Town is responsible for instituting and maintaining a system of internal control to provide reasonable assurance for the prevention and detection of fraud, misappropriations, and other irregularities. Management should be familiar with the types of improprieties that might occur within their area of responsibility and be alert for any indications of such conduct.

C. When informed of a suspected impropriety, neither the Town nor any person acting on behalf of the Town shall:

1. Dismiss or threaten to dismissthe employee reporting the impropriety because of said reporting;

2. Discipline,suspend, or threaten to discipline orsuspend that employee because of said reporting;

3. Impose any penalty upon that employee because of said reporting; or

4. Intimidate or coerce that employee for that employee’s role in reporting the suspected impropriety.

5. This section is intended to protect employees from retaliation for reporting suspected improprieties. It shall not be construed as absolving an employee of responsibility for their own fraudulent activity; any such fraudulent activity shall be subject to disciplinary action.

D. Violations of this policy will result in discipline up to and including dismissal.

E. Upon conclusion of the investigation, the results will be reported to the City Manager.

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1. The City Manager, following review of investigation results, will take appropriate action regarding employee misconduct.

Disciplinary action may include referral of the case to the District Attorney’s Office for possible prosecution.

2. The Town will pursue every reasonable effort, including court ordered restitution, to obtain recovery of Town losses from the offender, or other appropriate sources.

14.10.3 Procedures
A. City Council and Committee/Commission appointee Responsibilities

1. If a City Councilmember or an Appointee has reason to suspect that a fraud has occurred, they shall immediately contact the City Manager.

2. The City Councilmember or appointee member shall not attempt to investigate the suspected fraud or discuss the matter with anyone other than the City Manager.

3. The alleged fraud or audit investigation shall not be discussed with the media by any person other than through the City Manager in consultation with the City Attorney and the Administrative Services Director.

B. Employee Responsibilities

1. A suspected fraudulent incident or practice observed by, or made known to, an employee shall be reported to the employee’s supervisor. If the employee believes that the supervisor may be involved in the inappropriate activity, or if there is any other reason the employee believes it would not be appropriate to report to the supervisor, the employee shall make the report directly to the next higher level of management and/or to the City Manager

2. The reporting employee shall refrain from furtherinvestigation of the incident, confrontation with the alleged violator, or further discussion of the incident with anyone, unless requested by the City Manager, City Attorney or law enforcement personnel.

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C. Management Responsibilities

1. Managers are responsible for being alert to, and reporting, fraudulent or related dishonest activities in their areas of responsibility.

2. Each manager should be familiar with the types of improprieties that might occur in their area and be alert for any indication that improper activity, misappropriation, or dishonest activity is or was in existence in their area.

3. When an improper activity is detected or suspected, or when a manager receives a report of suspected activity from an employee, the manager shall inform their immediate supervisor and/or the department head.

4. Management should not attempt to conduct individual
investigations, interviews, or interrogations. However, management is responsible for taking appropriate corrective actions to ensure adequate controls exist to prevent reoccurrence of improper actions.

5. Management should support the Town’s responsibilities and cooperate fully with other involved departments and law enforcement agencies in the detection, reporting, and investigation of criminal acts, including the prosecution of offenders.

6. Management must give full and unrestricted access to all necessary records and personnel. All Town furniture and contents, including desks and computers, are open to inspection at any time. There is no assumption of privacy.

7. In dealing with suspected dishonest or fraudulent activities, great care must be taken. Therefore, management should avoid the following:
a. Incorrect accusations.
b. Alerting suspected individuals that an investigation is underway.
c. Treating employees unfairly.
d. Making statements that could lead to claims of false

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accusations or other offenses.

8. In handling dishonest orfraudulent activities, management hasthe responsibility to:
a. Make no contact (unless requested) with the suspected individual to determine facts or demand restitution. Under no circumstances should there be any reference to “what you did”, “the crime”, “the fraud”, “the misappropriation”, etc.
b. Avoid discussing the case, facts, suspicions, or allegations with anyone outside the Town, unless specifically directed to do so by the City Attorney.
c. Avoid discussing the case with anyone inside the Town other than employees who have a need to know such as
the City Manager, City Attorney, or law enforcement
personnel.
d. Direct all inquiries from the suspected individual, or their representative, to the City Manager or City Attorney. All inquiries by an attorney of the suspected individual should be directed to the City Attorney. All inquiries from the media should be directed to the City Manager.

14.10.4 Investigation and Action
a. Take appropriate corrective and disciplinary action, up to and including dismissal, after consulting with the
Administrative Services Director, in conformance with the Town’s Personnel Policy Manual.
a. The department head shall inform the City Manager and the Administrative Services Director of suspected activity involving fraud or related dishonest activity.
b. The department head, Administrative Services Director, and City Manager will determine how best to investigate the suspected activity; typically either the department head or the Administrative Services Director, or a designated representative, will be assigned to conduct the investigation. c. At the conclusion of the investigation, the investigator will report to the Department Head, City Manager, and Administrative Services Director.

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d. If evidence is uncovered showing possible dishonest or fraudulent activities, the investigator will proceed as follows:

1. Advise management, if the case involves staff members, to meet with the Administrative Services Director to determine if disciplinary actions should be taken.

2. Report to the Administrative Services Director such activities in order to assess the effect of the illegal activity on the Town’s financial statements.

3. Coordinate with the Town’s Risk Manager regarding notification to insurers and filing of insurance claims.

4. Take immediate action, in consultation with the City Attorney, to prevent the theft, alteration, or destruction of evidentiary records.

Such action shall include, but is not limited to:
a. Removing the records and placing them in a secure location, or limiting access to the location where the records currently exist.
b. Preventing the individual suspected of committing the fraud from having access to the records.

5. If employees are contacted by the news media regarding an alleged fraud or audit investigation, the employee will consult with the City Manager, and the City Attorney as appropriate, before responding to a media request for information or interview.

Unless exceptional circumstances exist, a person under investigation for fraud is to be given notice in writing of essential particulars of the allegationsfollowing the conclusion of the audit. Where notice is given, the person against whom allegations are being made may submit a written explanation to the Administrative Services Director no later than seven calendar days after notice is received.

6. The Administrative Services Director will be required to make recommendationsto the appropriate department for assistance in the prevention of future similar occurrences.

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14.10.5 Exceptions
There will be no exceptions to this policy unless provided and approved in writing by the City Manager and the City Attorney.

If the City Manager is suspected of fraud, that claim shall be addressed directly to the City Attorney. The City Attorney shall enforce the spirit of this policy and report to the City Council as appropriate.

14.11 DRIVER SELECTION POLICY

14.11.1 Driver Selection
The Town has adopted these guidelines for the selection and authorization of all employees who may operate any vehicle and/or equipment or their personal vehicle on behalf of the Town.

Preventing driving‐related accidents and injuries begins during the hiring process.

A. Application for Employment
To ensure the Town hires qualified candidates into positions that require or may require driving, we require applicants to provide the following with the employment application:

1. Driver’slicense number for the class of vehicle operated and expiration date

2. Proof of Insurance if operating personal vehicles on Town business.

B. Motor Vehicle Report
Simply having a valid driver’s license does not automatically qualify an employee or prospective employee to operate a motor vehicle on behalf of the Town:

1. Applicants ‐ Upon verification of a valid driver’s license, the Town will obtain and review the most recent motor vehicle record (MVR) prior to granting driving authorization to determine if it is acceptable based on the criteria contained in this policy.

2. Employees– All employees who drive while working at the Town

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will be enrolled in the DMV Motor Vehicle Employer Pull Notice 105
Program (EPN). The reports will be reviewed and evaluated by Human Resources, Risk Management and the City Manager to determine that employees remain eligible to operate Town vehicles and their personal vehicles while working on behalf of the Town. Those drivers who do not hold a Class A or B license must sign a waiver allowing their enrollment in the program.

MVR Criteria – The Town will review MVRs in accordance with the criteria contained in Section 2 of this policy. For each employee enrolled in the EPN Program, the DMV will issue an updated MVR.

The MVR is automatically issued periodically and when there is activity on a requested employee’s report. The focus will be on the frequency and severity of accidents and traffic violations over the past five years.

14.11.2. Distracted Driving (Use of cell phones and wireless devices) All employees must adhere to all Federal, State, and local rules and regulations regarding the use of cell phones and wireless devices while driving.

Employees are prohibited from using a wireless device to write, send or read text‐based communications while driving.

14.11.3. Definitions
A. “Authorized Drivers”
Authorized drivers are those employeesthat have been identified, by verification of their driving record through the DMV, as:

1. Having an acceptable driving record in accordance with those set forth in this policy;

2. Received approval to drive Town vehicles or their own personal vehicle from the driver’s manager or supervisor; and

3. Have met any other requirements set forth by the Town.

B. “Qualified Driver”
Drivers are deemed “qualified” if they meet the following criteria:

1. Possess a valid, active (non‐suspended) California driver’s license of the proper class and comply with any DMV
restrictions;

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2. Pass physical and/or vision/hearing test as required by the class 106
of license;

3. Pass physical examination when a question of fitnessto drive arises because of illness or injury;

4. Demonstrate proficiency in vehicle or equipment operation and receive direct supervisor approval; and

5. Meet U.S. Department of Transportation requirements, when applicable to the operation of vehicles or equipment.

14.11.4. Accident Reporting
In the event of a vehicle accident involving a Town vehicle, driver:

1. Call 9‐1‐1;

2. Notify direct supervisor;

3. Offer first aid, if trained and able;

4. Take photos of the location, road condition, damages, vehicle positions, and other pertinent and relevant objects, if safe to do so;

5. Exchange insurance and contact information with other vehicles operators or property owners; if safe to do so;
An ABAG Plan accident report, located in the glove box of all Town vehicles, should be completed within 24 hours of the incident by driver or direct supervisor and submitted the report to Human Resources, Risk Management, or the City Clerk. An accident investigation will be completed by Risk Management and/or the direct supervisor, and the driver’s status may be evaluated.

14.11.5 Vehicle Use
Employees are encouraged to use Town vehicles for all official Town business.

Unauthorized use of Town vehicles is prohibited. In the event the employee must use personal vehicles for official Town business, a mileage reimbursement will be paid based on mileage rate set by Internal Revenue Service.

Persistent use of personal vehicles will require adequate proof of insurance coverage with minimum coverage set at $150,000 per occurrence.

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14.11.6 Inspection, Maintenance, and Recordkeeping
The inspection and service of Town vehicles are the responsibility of the Public Works Department. Employees are responsible for performing a visual inspection prior to each trip to assure all safety features are fully functionally, such as lights,signals, wipers, tires, and brakes. Any deficiency must be reported to Public Works and the vehicle must be removed from service. Inspection schedules and maintenance records are maintained by Public Works and documented in a vehicle log.

14.12 VIOLENCE IN THE WORKPLACE
The Town of Los Altos Hills is committed to protecting its employees from threats of violence in the workplace. It is the Town’s policy that the Town will not tolerate violence or threats of violence made by an employee, visitor, vendors, consultants, contractors any persons appearing on Town property seeking information or assistance from the Town or any person utilizing the Town facilities or resources.

14.12.1 Purpose
A. This section provides the Town's policy, as well as the procedures to address workplace violence issues. To ensure a safe workplace, the Town has developed procedures to prevent violent incidents from occurring and to provide an orderly process for handling violent and threatening behavior in the workplace, if it occurs.

14.12.2 Policy
A. Acts of violence, whether threatened, gestured, or carried out will not be tolerated in a Town workplace. Anyone witnessing or becoming the subject or victim of such behavior shall immediately report it to the proper authorities for investigation. Minimizing the threat of violence is a duty of all employeesto ensure a safe workplace. The Town resources may not be used to threaten, stalk or harass anyone at the workplace or outside the workplace. The Town treats threats coming from an abusive personal relationship as it does other forms of violence.

B. It is the responsibility of all employees to notify a supervisor, the Administrative Services Director, or the City Manager immediately of any violent act or a threat, or if a violent act or threat against themselves or any other Town employee occurs in the workplace or is directly associated with

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their employment with the Town. Employeesshould not place themselvesin peril, nor should they attempt to intercede during an incident. Notification may be made to any of these employees as appropriate and shall be as soon as practicable. Retaliation of the threat or retaliation against a person who reports such an incident is unlawful and shall not be tolerated.

C. Town employees shall not possess the following instruments at a Town worksite or on Town property including Town parking lots, unless there is a work‐related purpose and written approval has been obtained from the employee's department manager:

1. Firearms;

2. Explosives or ammunition;

3. Fixed blade knives;

4. Folding knives with blades over 3.5 inches;

5. Illegal weaponssuch as defined in Section 12020 of the California Penal Code
D. The Town shall take appropriate disciplinary action up to and including termination of employment against employees who violate this policy. On a case‐by‐case basis, or as needed, the Town will offer incident‐related counseling service through the Town's Employee Assistance Program (EAP), or any other resource or program available by the Town who are the victims of violence or are subjects of threats of violence intimidation at the workplace. The Town administration will work with public safety, the courts, other authorities necessary to assure employee safety.

14.12.3 Procedure ‐ Imminent or Actual Violent Acts
A. Employee Responsibilities: An employee who is in immediate apparent danger of a violent act an employee witnesses a violent act, or the threat of a violent act shall, whenever possible ensure the immediate safety of employees and the worksite by calling 911, and notify the department manager and Human Resources Director.

1. Place themselves in a safe location.

2. Call 911 and request the immediate response of a police officer. Be prepared to info the police dispatcher of the circumstances and exact location of where an officer needed.

3. Inform a supervisor or manager of the circumstances.

4. Refer media inquiries to the City Manager's Office.

5. Cooperate fully in any administrative or criminal investigation which

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shall be conduct within this policy and the law.

B. Supervisor/Manager Responsibilities:

1. Place themselves in a safe location.

2. If feasible, have the involved individual (s) wait in separate rooms or locations until the police take control or remove them from the premises.

3. In consultation with the City Manager, determine if it is appropriate to obtain a restraining order or other appropriate injunctive and/or other legal and/or equitable relief.

4. Reassign/relocate personnel or job duties if required.

5. Terminate any business relationship.

6. Any other action deemed by the Town to be necessary or required under the circumstances.

7. Refer media inquiries to the City Manager’s Office.

C. Procedures ‐ Future Violence:

1. Employees who have reason to believe they, or another City employee, may be victimized by a violent act sometime in the future, at the workplace or as a direct result of their employment with the Town, shall inform their supervisor immediately so appropriate action may be taken. The supervisorshall inform their department manager.

2. Employees who have signed and filed a restraining order, temporary or permanent, against an individual due to a potential act of violence, who would be in violation of the order by coming near them at work, shall immediately supply a copy of the signed order to their supervisor and the Administrative Services Director.

D. Post‐Incident Review:

1. The City Manager's Office, the Administrative Services Director and the affected department may conduct a post‐incident review and use the review to evaluate this policy and procedure.

2. The Town may determine what continuing support systems are needed and oversee post incident activities.

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Classification and Compensation Plan

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CLASSIFICATION AND COMPENSATION PLAN
The purpose of the compensation plan is to outline the compensation package for eligible employees and their eligible dependents. Eligibility is determined by the Town’s Personnel Rules and Regulations unless otherwise defined in the benefit description. 112

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SECTION 100

AUTHORIZED CLASSIFICATION AND SALARIES
100.1 MONTHLY SALARY SCHEDULE BY PERMANENT EMPLOYEE CLASSIFICATION FY24‐25 Salary Schedule
Annual Range Hourly Range
Minimum Maximum Minimum Maximum
City Manager‐Set by Contract $ 254,880 $ 254,880 salary Assistant to the City Manager $ 133,905 $ 180,773 salary Management Analyst II $ 112,650 $ 152,079 salary
Management Analyst $ 97,138 $ 131,137 $ 46.70 $ 63.05
Senior City Clerk $ 144,202 $ 194,674 salary
City Clerk $ 124,346 $ 167,866 salary
Admin Clerk/Technician $ 77,782 $ 105,005 $ 37.39 $ 50.48 Administrative Services Director $ 189,207 $ 255,429 salary Finance Director $ 179,565 $ 242,657 salary
Finance Manager $ 142,997 $ 193,046 salary
Senior Accountant $ 124,346 $ 167,866 salary
Accountant $ 102,057 $ 137,775 $ 49.07 $ 66.24
Accounting Technician $ 92,457 $ 124,818 $ 44.45 $ 60.01 Accounting Office Assistant $ 79,726 $ 107,630 $ 38.33 $ 51.74 Community Development Director $ 189,207 $ 255,429 salary Assistant Community Development
Director/Building Official
$ 155,432 $ 209,834 salary
Principal Planner $ 137,254 $ 185,293 salary
Senior Planner $ 118,354 $ 159,778 salary
Associate Planner $ 102,057 $ 137,775 $ 49.07 $ 66.24
Assistant Planner $ 88,003 $ 118,803 $ 42.31 $ 57.12
Building Official $ 124,346 $ 167,866 salary
Deputy Building Official/Plan
Examiner
$ 118,124 $ 159,462 salary
Senior Building Inspector $ 102,057 $ 137,775 $ 49.07 $ 66.24 Building Inspector $ 88,003 $ 118,803 $ 42.31 $ 57.12
Building Technician $ 81,719 $ 110,321 $ 39.29 $ 53.04
Public Works Director&City
Engineer
$ 189,207 $ 255,429 salary
Utility Engineering Manager $ 144,202 $ 194,674 salary

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Senior Civil Engineer $ 130,641 $ 176,364 salary
Associate Engineer $ 112,650 $ 152,079 $ 54.16 $ 73.11
Assistant Engineer $ 97,138 $ 131,137 $ 46.70 $ 63.05
Senior Maintenance
Superintendent
$ 137,254 $ 185,293 salary
Maintenance Superintendent $ 118,354 $ 159,778 salary
Maintenance Worker III $ 79,726 $ 107,630 $ 38.33 $ 51.74 Maintenance Worker II $ 68,747 $ 92,810 $ 33.05 $ 44.62 Maintenance Worker I $ 59,281 $ 80,029 $ 28.50 $ 38.48
Community Services Manager $ 116,566 $ 157,360 salary
Community Services Supervisor $ 97,138 $ 131,137 $ 46.70 $ 63.05 Recreation Specialist $ 62,282 $ 84,080 $ 29.94 $ 40.42 Senior Public WorksInspector $117,242 $158,277 $56.37 $76.09 Public Works Inspector $ 95,030 $ 128,289 $ 45.69 $ 61.68 *See Section 1.2 for Meritorious Range
100.1 MERITORIOUS RANGE
At the City Manager’s discretion, an employee at top salary on the Salary Range may be awarded a monthly salary of up to 5% above top salary in recognition of exemplary performance. Meritorious awards may be revoked by the City Manager, at any time and without cause, and automatically expire at the end of each fiscal year. 100.2 TEMPORARY AND PART‐TIME EMPLOYEE SALARIES
Temporary and Part‐Time employees are paid an hourly rate equivalent to the monthly rate for permanent employees in a like classification at a salary commensurate with the employee’s experience. If there is no related permanent employee classification, the City Manager shall set a temporary rate not to exceed $25.00 per hour.

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SECTION 200
115
LEAVE
Administrative Leave – See Section 6.11
Bereavement Leave – See Section 6.8
Catastrophic Leave – See Section 6.3
Compensatory Time (Comp Time) – See Section 6.6
Family and Medical Leave – See Section 6.12
Holidays – See Section 6.4
Jury Duty – See Section 6.7
Leave Without Pay – See Section 6.14
Military Leave – See Section 6.9
Pregnancy Disability Leave – See Section 6.13
Sick Leave – See Section 6.2
Vacation Leave – See Section 6.5

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SECTION 300

HEALTH AND WELFARE
300.1 CAFETERIA AND FLEXIBLE BENEFIT PLAN
Effective January 1, 2024, the cafeteria plan flexible dollar amount will be as follows:

Level of coverage Monthly Flexible
Dollar Amount
Employee 1,021.41
Employee plus one 1,924.48
Employee plus two or 2,492.24
more
The flexible dollar amount may be used to select any of the PEMHCA medical plans available to the employee or any other benefits available in the Town’s Cafeteria and Flexible Benefit Plan. Additional Plan options shall include short‐term disability, hospital confinement indemnity, hospital confinement sickness indemnity, hospital intensive care, accident, cancer/specified disease, lump sum critical illness,specified health event benefits and a flexible spending account option. Employees selecting a plan or benefits for which the cost is greater than the Town’s applicable flexible dollar amount shall pay the excess cost. Eligible employees with proof of insurance from another source may elect to receive an opt‐out payment in‐lieu‐of participating in the Town’s Cafeteria Flexible Benefit Plan.

Opt‐out payments are:

Level of coverage Bi‐weekly opt‐out
payment
Employee Only&
Employee plus
one
Employee plustwo or
more
$212.31
$276.93
The Town shall adjust the monthly flexible benefit contribution on an annual basis. 300.2 DESIGNATED HEALTH CONTRIBUTION TOWARD HEALTH PREMIUM 2023Monthly PEMCHA health contribution
$ 157.00

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The Town contracts with PEMHCA for health insurance and pays the minimum monthly health contribution toward the health premium, as established by PEMHCA on an annual basis, for eligible employees, elected officials, and qualifying retirees. For eligible employees, this benefit begins on the first day of the calendar month following the employee’s hire date and terminates on the last day of the calendar month following the employee’s separation date. The PEMCHA contribution for health is per month for eligible employees, elected officials, and qualifying retirees. Retirees will be required to qualify as CalPERS annuitants and meet all statutory and legal requirements necessary to receive this benefit. The health contribution is included in the Cafeteria and Flexible Benefit fund amounts described in section above.
300.3 DENTAL PLAN
The Town contracts for dental insurance and pays the full premium for eligible employees, elected officials and their eligible dependents. This benefit begins on the first day of the calendar month following the employee’s hire date and terminates on the last day of the calendar month following the employee’s separation date. 300.4 VISION PLAN
The Town contracts for vision insurance and pays the full premium for eligible employees, elected officials, and their eligible dependents. This benefit begins on the first day of the calendar month following the employee’s hire date and terminates on the last day of the calendar month following the employee’s separation date. 300.5 EMPLOYEE WELLNESS
Permanent full‐time employees are eligible for wellness benefits from two separate programs, offering a total of up to $1,075 annually. Employees must submit a request form with receiptsfor reimbursement. All wellness reimbursements shall be processed through payroll.
300.5.1 Wellness Allowance
This program offers up to a $575 employee wellness allowance for programs, activities, and equipment that promote good health. Guidelinesfor the program will be established by the City Manager. This benefit is made possible by a grant from the Town’s Workers’ Compensation insurer.
300.5.2 Year‐Round Wellness Program
This program offers up to $500 annually for eligible wellness expenses. Available to all full‐ time employees, the program provides reimbursement for:
● Fitness: Gym memberships, personal training, home exercise equipment, fitness apps. ● Health: Nutritional counseling, wellness coaching, weight management,smoking cessation programs.
● Mental Health: Therapy, counseling, mental health apps. ● Preventive Health: Vaccinations, health screenings, wellness educational materials.

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● Medications and Treatments: Non‐insurance covered medications and treatments, including over‐the‐counter drugs or prescribed therapies.

Exclusions include non‐wellness expenses, costs covered by other benefits, and unrelated personal items.
300.6 LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE The Town contracts for a term life insurance policy and pays the full premium for eligible employees. The benefit amount is equal to the employee’s annualsalary or up to $150,000, with the exception of the City Manager’s which is set by contract. This may be a taxable benefit to the employee.

The Town also contracts for an accidental death and dismemberment insurance policy and pays the full premium for eligible employees. The benefit amount varies based on each specific condition and is set by the policy document.
300.7 LONG TERM DISABILITY INSURANCE
The Town contracts for a long term disability insurance policy and pays the full premium for eligible employees.

Employees are insured against long‐term disability through third‐party insurance which provides sixty percent (60%) of an employee’s monthly earnings to a maximum benefit of $5,000 per month, in the event of a disability which occurs outside of the work place.

Workers Compensation insurance provides coverage for on‐the‐job injuries. Coverage begins ninety (90) days following a disabling event and continues to an end date determined by the employee’s age.
300.8 WORKERS’ COMPENSATION
300.8.1 General Description
Through worker’s compensation, employees are insured against losses due to job‐related illness or injury. Under this program, medical expenses are paid and, while disabled, employees are eligible for weekly compensation based on their salary.
300.8.2 Eligibility
Regular, full‐time employees and part‐time employees and temporary employees are eligible for this benefit. Retired employees are not eligible for this benefit.

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300.8.3 Benefit
When an employee suffers a workers’ compensation injury, the employee is eligible for receipt of two‐thirds (2/3) of their salary or the amount statutorily assigned by the State of California, whichever is lower, as well as authorized health care costs, through the workers compensation claim. Employees on workers’ compensation leave may use accrued sick leave to supplement any monetary difference between their normal rate of pay and workers compensation’s temporary disability benefits.
300.8.4 Method of Administration
Workers compensation claims are administered for the Town by a third party administrator. All on‐the‐job injuries must be reported to the Finance Department immediately. When an employee makes a workers’ compensation claim, the claim must be submitted to the Town on the appropriate claim form, and must be accompanied with verification of the injury by a physician as well as the recommendation that the employee be absent from work for a certain length of time to allow recovery from the injury. The third party administrator makesthe determination asto whether a claim is eligible for payment and which medical bills are eligible for reimbursement.
300.9 EMPLOYEE ASSISTANCE PROGRAM
300.9.1 General Description
The Employee Assistance Program is a confidential referral service for help in dealing with many kinds of personal problems that an employee may have. This program is an effective manner to deal with employee issues that, while affecting employee performance, are beyond the scope of management’s control. The services provided include counseling, crisis intervention, training and consultation.
300.9.2 Eligibility
Regular, full time employees and part time employees who regularly work twenty (20) hours per week or more are eligible for this benefit. Part time employees who work less than twenty (20) hours per week and temporary and retired employees are not eligible for this benefit.
300.9.3 Benefit
The Town provides an Employee Assistance Program through Magellan Behavioral Health, Inc. (Magellan). The program offers assessment, counseling, 24‐hour crisis intervention, child/elder care services, legal and financial resources, management consultation, supervisor training and employee workshops.

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300.9.4 Method of Administration
The cost of the Employee Assistance Plan is paid by the Town. Employees may confidentially use the services of Magellan without prior approval of a Town supervisor or City Manager.
300.10 UNIFORMS AND SAFETY GEAR
Town employees who work in the field may be provided uniforms and safety gear necessary to protect the employee’s well‐being and establish a consistent Town image.

The Town’s annual budget includes a line item for this benefit and purchases must be authorized by the employee’s department head, under the general guidance of the City Manager. Uniforms and safety gear are replaced as deemed necessary by the department head.

The Town will provide a reimbursement of up to $250 (City Hall staff) or $350 (Maintenance Crews) annually for the purchase of safety shoes. Employees may purchase these safety shoes at the vendor of their choosing and submit receiptsto the Finance Department for reimbursement.

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SECTION 400

OTHER BENEFITS
400.1 DEFERRED COMPENSATION
400.1.1 General Description
Town employees are eligible to participate in approved deferred compensation plans through payroll deductions. These deductions are forwarded to the appropriate institution by the Town at the time that each payroll is issued. 400.1.2 Eligibility
Regular, full‐time employees and part‐time employees who regularly work twenty (20) hours per week or more are eligible for this benefit. Part‐time employees who work less than twenty (20) hours per week and temporary and retired employees are not eligible for this benefit.
400.1.3 Benefit
The company that is approved by the Town to administerthis benefit isthe ICMA Retirement Trust Corporation. Deferred compensation is self‐funded with no contribution from the Town unless otherwise stipulated by contract. Employees who elect to participate have an amount deducted from each paycheck deposited directly into their deferred compensation account. The amount of the maximum annual contribution is determined by Federal and State regulations. 400.1.4 Method of Administration
Deferred compensation transactions are handled as payroll deductions.

Deductions from an employee’s gross pay are deposited in the appropriate account and are itemized on the employee’s check stub. Taxable income at year end is based on an employee’s post‐deduction gross pay. Federal and State income taxes are not calculated or withheld on amounts deposited in employee deferred compensation accounts, as they are deferred until withdrawals from the accounts begin (usually upon retirement).
401(a) Plan‐Defined Contribution
The Town will contribute up to 4% of the employee’s annual salary with a cap of the PEPRA salary maximum and based on the employee enrolled in the 457 Plan (flexible deferred compensation plan).

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400.2 CREDIT UNION
All Town employees are eligible to become members of the Santa Clara County Employee's Credit Union. The advantages of the programs offered to member employees are typical of credit union membership, at no cost to the Town.
400.3 AUTOMOBILE ALLOWANCE
400.3.1 General Description
The automobile allowance provides reimbursement for the maintenance and use of a management employee’s personal vehicle for Town business. This benefit is in lieu of a Town provided vehicle.
400.3.2 Eligibility
All management employees as defined by Section 5.2 are eligible for this benefit.
400.3.3 Benefit
Management employees will receive a monthly allowance of two hundred fifty dollars and zero cents ($250.00) per calendar month as compensation for the use of their personal vehicle while conducting Town business. The City Manager’s automobile allowance is set by contract.
400.3.4 Method of Administration
This benefit is paid each pay period worked during the calendar year at the rate of two hundred fifty dollars and zero cents ($250.00) per calendar month. 400.4 PARKS & RECREATION PROGRAM REGISTRATION FEES
The Town’s non‐resident surcharge for parks and recreation programs shall be waived for employees and their dependents. If the program reaches capacity, a non‐resident employee or dependent will be required to pay the non‐resident surcharge. 400.5 TUITION REIMBURSEMENT FOR DEGREE PROGRAMS
Full‐time, permanent employees are eligible for tuition reimbursement for courses taken toward undergraduate and graduate degree programs, provided the courses are relevant to their job or career development within the Town. Employees must obtain written approval from both the City Manager and Department Head before enrolling in any degree program. This approval must be requested using the Tuition Reimbursement Request Form, which should include a course description and estimated costs.

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The maximum reimbursement per unit is capped at the per‐unit tuition rate at California State University, as detailed at CSU Tuition and Fees. Only tuition is covered under this policy; other expenses related to the program, such as textbooks, materials, and fees, are not covered.

Reimbursement is processed after course completion and upon satisfactory completion with a grade of “B” higher, or a GPA of 3.00 or higher. Employees must submit itemized receipts and official transcripts showing final grades. Claims are processed within 30 days of receiving all required documentation.

Employees who receive tuition reimbursement are required to remain employed with the Town throughout the duration of their degree program and for a minimum of one year following the completion of their degree. If an employee voluntarily leaves the Town before fulfilling this commitment, they may be required to repay a prorated portion of the reimbursement received.

Any exceptions to this policy will be considered on a case‐by‐case basis and require additional approval, provided that the total reimbursement does not exceed the maximum amount stipulated by this policy.
400.6 EDUCATION REIMBURSEMENT
Full‐time, permanent employees are eligible for reimbursement of costs related to various educational activities, including online courses, professional certifications, workshops, and other non‐degree programs, provided they are relevant to their job or career development within the Town. Employees must obtain written approval from both the City Manager and Department Head.

The total reimbursement for educational expenses, including required materials such as textbooks, workbooks, online course access fees, software, and hardware necessary for course completion, is capped at $1,500 per fiscal year. This cap applies to the aggregate of all eligible expenses, including courses, certifications, and materials. Reimbursement is not available for optional or non‐required materials.

To receive reimbursement, employees must submit receipts and proof of payment for all educational expenses. Claims are processed within 30 days of receiving all required documentation. Non‐reimbursable expenses include optional materials or services not directly required for course completion.

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SECTION 500

RETIREMENT
500.1 PENSION – TIER I
500.1.1 General Description
The Town’s retirement program provides employees with benefitsthrough their retirement years in an amount which is based upon years of service, age of employee at the beginning of their retirement and the three highest years’ compensation during their tenure.
500.1.2 Eligibility
All regular, full‐time and part‐time employees who work twenty (20) hours per week or more hired prior to August 31, 2011 are members of the California Public Employees Retirement System (CalPERS) and included in Tier I. In order to be eligible any such employee must meet all applicable CalPERS eligibility rules.
500.1.3 Benefit
The Town contributes an employer share of retirement contribution based on the gross salary for each eligible employee. The employee’s share is equal to 7% of their yearly gross salary and is deducted from the employee’s earnings on a pre‐tax basis for this retirement benefit. Employees of the Town eligible for this benefit do not pay into the Social Security system.

The Town’s contract with CalPERS provides service retirement benefits under the “2% at 55” formula. The formula uses a multiplier of x %, times the number of years ofservice, to determine retirement benefits at a given age. For example, under the 2% at 55 formula, a retiree with 10 years of service retiring at age 55 would receive an annual retirement benefit of 20% of their final (adjusted) annual salary. The earliest retirement date is age 50, with at least 5 years of service. The table below shows the “benefit factor”, or multiplier for the 2% at 55 plan.

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2% @ 55
Retirement
Age
Percent
Per
Year
X
50 1.426
51 1.522
52 1.628
2% @ 55
Retirement
Age
Percent
Per
Year
53 1.742
54 1.866
55 2.000
56 2.052
57 2.104
58 2.156
59 2.210
60 2.262
61 2.314
62 2.366
63 and over 2.418
500.1.4 Method of Administration
The Finance Department makes the appropriate payment to CalPERS with each payroll cycle. CalPERS keeps detailed records of each employees account and sends annual statements to all employees at the end of the fiscal year. Once an employee retires, CalPERS administers the retirement benefit to the former employee. CalPERS offers many retirement planning workshops throughout the year to assist employees with retirement planning decisions. Details regarding the accrual and disbursement of retirement benefits can be discussed directly with a CalPERS representative.
500.2 PENSION – TIER II
500.2.1 General Description
The Town’sretirement program provides employees with benefitsthrough their

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retirement years in an amount which is based upon years of service, age of employee at the beginning of their retirement and the three highest years’ compensation during their tenure.
500.2.2 Eligibility
All regular, full‐time and part‐time employees who work twenty (20) hours per week or more hired after August 31, 2011 are members of the California Public Employees Retirement System (CalPERS) and included in Tier II. In order to be eligible any such employee must meet all applicable CalPERS eligibility rules. 500.2.3 Benefit
The Town contributes an employer share of retirement contribution based on the gross salary for each eligible employee. The employee’s share is equal to 7% of their yearly gross salary and is deducted from the employee’s earnings on a pre‐tax basis for this retirement benefit. Employees of the Town eligible for this benefit do not pay into the Social Security system.

The Town’s contract with CalPERS provides service retirement benefits under the “2% at 60” formula. The formula uses a multiplier of x %, times the number of years ofservice, to determine retirement benefits at a given age. For example, under the 2% at 60 formula, a retiree with 10 years of service retiring at age 60 would receive an annual retirement benefit of 20% of their final (adjusted) annual salary. The earliest retirement date is age 50, with at least 5 years of service. The table below shows the “benefit factor”, or multiplier for the 2% at 60 plan.
2% @ 60
Retirement
Age
Percent
Per
Year
X
50 1.092
51 1.156
52 1.224
53 1.296
54 1.376
55 1.460
56 1.552
57 1.650
58 1.758
59 1.874

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60 2.000
61 2.134
62 2.272
63 and over 2.418
500.2.4 Method of Administration
The Finance Department makes the appropriate payment to CalPERS with each payroll cycle. CalPERS keeps detailed records of each employee’s account and sends annual statements to all employees at the end of the fiscal year. Once an employee retires, CalPERS administers the retirement benefit to the former employee. CalPERS offers many retirement planning workshops throughout the year to assist employees with retirement planning decisions. Details regarding the accrual and disbursement of retirement benefits can be discussed directly with a CalPERS representative.
500.3 PENSION – TIER III
500.3.1 General Description
The Town’s retirement program provides employees with benefitsthrough their retirement years in an amount which is based upon years of service, age of employee at the beginning of their retirement and the three highest years’ compensation during their tenure.
500.3.2 Eligibility
All regular, full‐time and part‐time employees who work twenty (20) hours per week or more joined California Public Employees Retirement System (CalPERS) prior to January 1, 2013 who, on or after January 1, 2013 is hired by a different CALPERS employer following a break in service of more than six months; or a new hire who joined on or after January 1, 2013 and who has no prior membership in another California public retirement system; or a new hire who joins CalPERS for the first time on or after January 1, 2013, and who was a member of another California public retirement system prior to that date, but who is not subject to reciprocity upon joining CalPERS. In order to be eligible any such employee must meet all applicable CalPERS eligibility rules. 500.3.3 Benefit
The Town contributes an employer share of retirement contribution based on the gross salary for each eligible employee. The employee’s contribution rate will be at least fifty (50) percent of the total normal cost rate of their defined benefit plan of their yearly gross salary and is deducted from the employee’s earnings on a pre‐tax basis for this retirement benefit. Employees of the Town eligible for this benefit do not pay into the Social Security system

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The Town’s contract with CalPERS provides service retirement benefits under the “2% at 62” formula. The formula uses a multiplier of x %, times the number of years ofservice, to determine retirement benefits at a given age. For example, under the 2% at 62 formula, a retiree with 10 years of service retiring at age 62 would receive an annual retirement benefit of 20% of their final (adjusted) annual salary. The earliest retirement date is age 52, with at least 5 years of service. The table below shows the “benefit factor”, or multiplier for the 2% at 62 plan.
2% @ 62
Retirement
Age
Percent
Per
Year
X
50 0.842
51 0.917
52 1.000
53 1.100
54 1.200
55 1.300
56 1.400
57 1.500
58 1.600
59 1.700
60 1.800
61 1.900
62 2.000
63 2.100
64 2.200
65 2.300
66 2.400
67 or older 2.500
500.4 RETIREE MEDICAL REIMBURSEMENT
500.4.1 Town Retirees and Employees Receiving Town Medical Benefits as of October 11, 2007
Employees of the Town who were employed by the Town and receiving Town medical benefits as of October 11, 2007 are eligible for this benefit upon retirement from the Town. Additionally, retirees of the Town as of October 11, 2007 are eligible for this benefit. These eligible retirees shall receive contributions through their retirement years towards medical benefits in an

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amount that is equal to what active employees receive in the cafeteria plan. An 129
individual must also qualify as a CalPERS annuitant in order to receive this benefit. Anyone who was not a Town retiree or employed by the Town and receiving Town medical benefits as of October 11, 2007, will not receive this benefit.
500.4.2 Retirees That Were Not Employed by the Town and Receiving Town Medical Benefits Before October 12, 2007.

Any Town employee hired or first receiving medical benefits on or after October 12, 2007 shall only be eligible to potentially receive a retiree medical contribution equal to the PEMHCA minimum health contribution amount described in Section

3.2. Retirees will be required to qualify as CalPERS annuitants and meet all statutory and legal requirements necessary to receive such a benefit.

1. Retiree Health for the Tier 2 employees hired after October 11, 2007, until the age 65 years of age with the following qualifiers:

Employee must work with the Town for at least 5 years and must retire from the Town. The benefit will be effective at age 60 at Kaiser Employee only subscriber rate. The vesting schedule (see below) would be implemented based on CalPERS service and would determine the Town’s contribution towards the retiree’s health premium.
10 years 50%
11‐12 years 60%
13‐14 years 70%
15‐17 years 85%
18‐20 years 90%
20 + years 100%
500.4.3 Method of Reimbursement
The Town shall reimburse retirees the amount deducted from their monthly pension provided by CalPERS up to the maximum retiree medical contribution they are entitled to receive pursuant to this section.
500.4.4 Method of Administration
The Town will issue reimbursements to eligible retirees in the month of January and July ‐ following January 1 and July 1 of each year an estimated six month premium deduction from the retiree’s pension. If the estimate is less than the actual deduction, the Town will reimburse the retiree the difference upon receipt

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of written request for reimbursement from the retiree. If the estimate is more 130
than the actual deduction, the Town will deduct the overpayment from the next scheduled reimbursement. All correspondence from the retiree to the Town shall be addressed:

City Manager
Town of Los Altos Hills 26379 Fremont Road
Los Altos Hills, CA 94022
– o0O0o –
End of Employee Handbook
5438994.1

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ITEM 8E
TOWN OF LOS ALTOS HILLS November 21, 2024
Staff Report to the City Council
___________________________________________________________________________ SUBJECT: RESOLUTION ACCEPTING THE 2024 PAVEMENT REHABILITATION

AND DRAINAGE IMPROVEMENT PROJECT
FROM: WooJae Kim, Public Works Director WK
APPROVED: Peter Pirnejad, City Manager PP
____________________________________________________________________________ RECOMMENDATION: That the City Council:

1. Approve a resolution (Attachment 1) accepting the 2024 Pavement Rehabilitation and Drainage Improvement Project performed by O’Grady Paving, Inc. as complete.

2. Authorize the release of the final retention payment to O’Grady Paving, Inc.

3. Direct the City Clerk to file a Notice of Completion.

BACKGROUND:

The 2024 Pavement Rehabilitation and Drainage Improvement Project is part of the FY2024/25 Annual Road Rehabilitation Program approved in the Adopted Operating and Capital Budgets for FY2024-2025 and FY2025-26.

On May 16, 2024, the City Council approved the Plans and Specifications for the 2024 Pavement Rehabilitation and Drainage Improvement Project and authorized staff to advertise the project for bid. On June 20, 2024, the Town received the sole bid from O’Grady Paving, Inc. for $1,227,238.50. On July 18, 2024, City Council awarded the contract to O’Grady Paving, Inc. for the same amount and approved a project contingency fund of $120,000.00.

DISCUSSION:

The Project was inspected by a contract inspector and staff. On October 25, 2024, the project was deemed complete, and a one-year warranty bond was collected from the contractor. The project was completed within the approved budget. Below is a summary of the project budget and expenditures:

Approved Budget Actual
Original Construction Contract Amount $1,227,238.50
Contingency Fund Approved $120,000.00
Final Contract Amount $1,249,068.50
Inspection and Testing Services $80,000 $36,884.00
Total Approved Budget $1,427,238.50
Total Project Expenditure $1,285,952.50

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Staff Report to City Council Page 2
Acceptance of 2024 Pavement Rehabilitation and Drainage Improvement November 21, 2024
Staff recommends that the City Council accept the Project as complete to allow the release of the 5% retention to the Contractor 35 days after project acceptance. A Notice of Completion will be filed upon Council approval.

FY2025/26 Annual Road Rehabilitation Program
For the next Pavement Rehabilitation and Drainage Improvement Project to be funded in FY2025/26, staff plans to have the plans and specifications ready for bid early in 2026 as an attempt to obtain multiple contractor bids. In the past, the pavement project went out for bid in the summer to align with the availability of new fiscal year funding on July 1 of each year. The disadvantage of bidding out a pavement project in the summer is that paving contractors may already have projects lined up for the year. For FY2025/26 pavement rehabilitation project, bids would be obtained by spring 2026 for construction completion by that summer.

ENVIRONMENTAL REVIEW
This project is categorially exempt under California Environmental Quality Act (CEQA) Section 15301(c) Existing Facilities for alterations to existing streets. 2024-25 CITY COUNCIL WORK PLAN:

This action is identified on the 2024 City Council Work Plan under Protect and Maintain Infrastructure Priority for 2024 Pavement and Storm Drainage Improvement to “Finish Construction.”

FISCAL IMPACT
The total expenditures for the 2024 Pavement Rehabilitation and Drainage Improvement Project were within the City Council approved budget of $1,427,238.50. The remaining budget from the FY2024/25 Annual Road Rehabilitation Program would carry forward to the FY2025/26 project.

ATTACHMENTS

1. Resolution

2. Notice of Completion

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ITEM 8E
RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING THE 2024 PAVEMENT REHABLITATION AND DRAINAGE

IMPROVEMENT PROJECT AS COMPLETE, AUTHORIZING FINAL RETENTION

PAYMENT TO THE CONTRACTOR, AND DIRECTING THE CITY CLERK TO FILE

NOTICE OF COMPLETION
WHEREAS, on May 16, 2024, the City Council approved the Plans and Specifications for the 2024 Pavement Rehabilitation and Drainage Improvement Project; and WHEREAS, on July 18, 2024, the City Council adopted a resolution awarding the contract to O’Grady Paving, Inc. for $1,227,238.50; and WHEREAS, the project was completed according to the Plans and Specifications on October 25, 2024; and
WHEREAS, staff recommends that the City Council accept the project as complete and authorize the remittance of the 5% percent retention 35 days following project acceptance.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that:

Section 1. The 2024 Pavement Rehabilitation and Drainage Improvement Project is accepted as complete, and the appropriate officer of the Town is authorized to make final payment.

Section 2. The City Clerk is directed to file with the County Recorder of Santa Clara County, notice of the completion of said project within ten (10) days from the date of this Resolution.

The resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 21st day of November 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

By:

Stanley Q. Mok, Mayor
ATTEST:

Arika Birdsong-Miller, City Clerk

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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 27383
When Recorded, Mail to:

Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that O’Grady Paving, Inc., on July 31, 2024, did enter a contract for the 2024 Pavement Rehabilitation and Drainage Improvement Project, in Los Altos Hills, situated in Santa Clara County, with the Town of Los Altos Hills. Said improvements were completed in accordance with the Plans and Specifications adopted by the City Council and upon the terms and conditions set forth and identified by the written contract.

On the 25th day of October 2024, the work provided to be done under the contract was fully completed in accordance with the terms of the contract.

NOTICE IS FURTHER GIVEN that the public board for whom the above-described work was done is the City Council of the Town of Los Altos Hills, a municipal corporation of the State of California, and that the name and address of the political subdivision for which the abovedescribed work was done is the Town of Los Altos Hills, State of California, Town Hall, 26379 Fremont Road, Los Altos Hills, California 94022.

NOTICE IS FURTHER GIVEN that the name of the contractor by whom the abovedescribed work was done is as follows:

CONTRACTOR: O’Grady Paving, Inc.

WooJae Kim, PE
Public Works Director
Town of Los Altos Hills
DATE:

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CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL CODE § 1189

STATE OF CALIFORNIA )
)
COUNTY OF ___________ )
On _________________, 2024, before me, _____________________________ , Notary Public, personally appeared ____________________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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: _________________________________ (Seal)
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.

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ITEM 8F STAFF REPORT
TOWN OF LOS ALTOS HILLS November 21, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION GRANTING REQUEST FOR EXTENSION OF THE EXPIRATION DATE FOR BUILDING PERMIT AT 12869 LA CRESTA
DRIVE.

FROM: Jay Bradford, Interim Community Development Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

1. Approve a resolution granting the extension requests for the building permits outlined below, each with a new expiration date, as recommended in the individual staff reports and detailed attachments.

2. Approve the conversion of the $50,000 final deposit to penalty fee based on the Town Construction Time Limitation policy in Title 8 Chapter 10 of the Los Altos Hills Municipal Code for 12869 LA CRESTA DRIVE.

DISCUSSION:

The property owner is requesting an extension of Building Permit BLD19-0026 at 12869 La Cresta Drive that was originally issued on April 29, 2019. New residence construction is limited to 36 months following issuance of the building permit if the estimated value of the project is over $1,000,001. Since the estimated value of the project is over $1,000,001, the building permit expired on April 29, 2022. However, in the Construction Time Limits Ordinance, extension of construction after the time limit is allowed since the project has not passed a final inspection in the allotted time as described in Section 8-10.04. Although the ordinance specifies that the extension must be granted prior to permit expiration, the applicant has submitted a request for an extension for up to a year to complete the work. This project, similar to others in the packet, experienced delays from COVID-19, construction, and contractor replacements.

Staff recommends granting an extension to allow for additional inspections necessary for project closeout. Previously, the Condition of Approval #21 states, “The project is subject to the Town’s Construction Time Limit Ordinance (Chapter 10, Title VIII of the Municipal Code). The maximum time for completion of the new residence shall be 36 months from the date of Building Permit issuance. Failure to complete the project in the allotted time may result in substantial penalties and fees.” Now, with this approved permit extension, the applicant will have a year from City Council’s approval of this request to complete the project. Following a year, the applicant will have to pay the final deposit bond of $50,000 for which if they exceed the extension’s time limit, the applicant will face penalties again. In addition, they will be required to apply for another permit extension.

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City Council Page 2
Permit Extensions
November 21, 2024
The project details are as follows:

Lands of Dai - 12869 La Cresta Drive
Permit Number: BLD19-0026
Original Expiration Date: April 29, 2022
New Expiration Date: November 21, 2025
Description: New residence with basement; work delayed due to contractor changes and pandemic.

Attachment: See Staff Report for BLD19-0026
The above project, if approved, would result in a one-year extension from the City Council’s approval. The approved permit extension resolutions would supersede any related conditions of approval in the planning entitlements and permitting compliance dates.

FINAL DEPOSIT UTILIZATION:

According to the Town of Los Altos Hills Municipal Code, construction projects have strict time limits based on their estimated value. For projects valued over $1,000,000, the allowed time is 36 months. When this limit is exceeded, a deposit is requested for $50,000 and penalties begin to accumulate, reaching $1,000 per day after 120 days, with a maximum penalty of $250,000.

The projects at 12869 La Cresta Drive have exceeded their maximum allowed time and previous extensions. As a result, the $50,000 deposit for each project will be converted into penalty fees, in accordance with the Town’s Construction Time Limit policy. This ensures timely completion of projects and minimizes the negative impacts of prolonged construction on the community.

Unlike other projects requesting their first extension, 12869 La Cresta Drive has had multiple extensions without facing penalties until now. The Town's recommendation to convert the final deposit into penalties upholds municipal regulations, encouraging timely completion and protecting neighboring properties from extended disruption.

This enforcement is consistent with Title 8, Chapter 10 of the Los Altos Hills Municipal Code, ensuring equitable application of the Town’s construction policies.

CONCLUSION:

In conclusion, it is recommended that the City Council:

Approve the resolutions granting extension requests for the building permits outlined in the report, each with a new expiration date.

Approve the conversion of the $50,000 final deposit to a penalty fee for the properties located at 12869 La Cresta Drive, in accordance with the Town Construction Time Limit policy in Title 8, Chapter 10 of the Los Altos Hills Municipal Code.

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City Council Page 3
Permit Extensions
November 21, 2024
ENVIRONMENTAL REVIEW:

The proposed request is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), which exempts actions that can be seen with certainty will not cause significant environmental impacts.

FISCAL IMPACT:

There is no fiscal impact associated with these time extension requests as the applicant pays a fee for service covering the Town’s costs. Additionally, the conversion of the Final Deposits to penalty fees is not forecasted revenue and the conversion will offset general fund allocations. 2024-25 CITY COUNCIL WORK PLAN:

This is not part of the 2024-25 City Council Work Plan as extensions are, depending on applicability, part of the standard site development approval process.

ATTACHMENTS

1. Resolution Approving Time Extension for 12869 La Cresta Drive, Building Permit:

BLD19-0026

2. Attachment 2: Construction Time Limits Section 8-10.04-10.06

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ITEM 8F Attachment 1
RESOLUTION -24

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

APPROVING A TIME EXTENSION OF AN APPROVED BUILDING PERMIT FOR

A NEW RESIDENCE WITH BASEMENT
(LANDS OF DAI)
WHEREAS, Weijin Dai (“Owner”) owns the property commonly known as 12869 La Cresta Drive, Los Altos Hills, California (APN 175-44-026); and WHEREAS, the building permit (BLD19-0026) for a new residence with basement was issued on April 29, 2019, with reasonable conditions of approval; and WHEREAS, the permit expired on April 29, 2022, as the Town has adopted a Construction Time Limits Ordinance and, pursuant thereto, sets an expiration date for Building Permits for new dwellings and remodels with additions with a project valuation of $1,000,001 and over at thirty-six (36) months; and
WHEREAS, pursuant to the Construction Time Limits Ordinance, the City Council has the authority to grant reasonable extensions of time for Building Permits that have expired; and WHEREAS, the Town generally grants time extensions of one (1) calendar year; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby approve on behalf of the Owners, a one (1) year Time Extension (EX19-0026) of an approved Building Permit BLD19-0026 subject to the originally adopted conditions and authorizes the City Manager or their representative to convert the $50,000 final deposit to penalty fee based on the Town Construction Time Limitation policy in Title 8 Chapter 10 of the Los Altos Hills Municipal Code.

The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21st day of November 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
Stanley Mok, Mayor
ATTEST:

Page 417 of 718 ends

City Council Page
5 Permit Extensions
November 21, 2024
______________________________
Arika Miller, City Clerk

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§ 8-10.04. Construction completion time limit guidelines.

New Dwellings and Remodels with Additions. Except where a longer time period is approved pursuant to Section 8-10.05, the maximum time for completion of approved new dwellings or remodels with additions, following issuance of the building permit, shall not exceed the following time limits listed in Table 1:

TABLE 1 New Dwellings and Remodels with Additions
Estimated Value of Project ($) Construction Time Limit
$0 to $250,000 18 months
$250,001 to $500,000 24 months
$500,001 to $1,000,000 30 months
$1,000,001 and over 36 months
All Other Construction Projects. Except where a longer time period is approved pursuant to Section 8-10.05, the maximum time for completion of all other applicable construction projects (e.g., remodels, alterations, modifications, repairs, new construction of accessory structures, etc.), following issuance of the building permit, shall not exceed the following time limits listed in Table 2:

TABLE 2 All Other Construction Projects
Estimated Value of Project ($) Construction Time Limit
$0 to $100,000 12 months
$100,001 to $250,000 18 months
$250,001 to $500,000 24 months
$500,001 and over 30 months
The construction time limit period shall commence on the date the building permit is issued.

The time limits stated in Tables 1 and 2 are the maximum time limits allowed and lesser time periods may be allocated to a project depending on the status of previously issued building permits or code enforcement actions.

Every building permit issued by the Town under the provisions of the building code shall expire and automatically become null and void upon reaching the construction time limit unless a time extension is granted under Section 8-10.05. Said time extension shall be granted prior to the expiration of the building permit.
(§ 1, Ord. 555, eff. February 15, 2015)
§ 8-10.05. Extension of construction time limit.

In the event a project has not passed a final inspection in the allotted time period as prescribed by Table 1 or Table 2 under Section 8-10.04, the applicant/owner may be entitled to up to two, Town of Los Altos Hills, CA
Downloaded from https://ecode360.com/LO4964 on 2024-11-07 ITEM 8F Attachment 2

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six month extensions to complete the work. An application for an extension of the construction time limit shall be submitted at least 14 days prior to the expiration of the time limit period and shall be accompanied by a written explanation of the reasons for the requested extension and a fee, as established by City Council resolution. If the Building Official, upon review of the application, grants an extension, the additional six month extension period shall start from the date of the original time limit expiration or the most recent extension expiration date. A construction completion deposit shall be required pursuant to Section 8-10.06 prior to the granting of the time extension.

Time limits shall not be increased through the issuance of subsequent building permits for the same project or for modifications to the original permit unless authorized by the City Council. (§ 1, Ord. 555, eff. February 15, 2015)
§ 8-10.06. Construction completion deposit.

Upon reaching the construction time limit set pursuant to Section 8-10.04, if a final certificate of occupancy has not been issued or final building inspection made, the property owner or representative shall deliver to the Building Department a refundable construction completion deposit (in cash or other security instrument acceptable to the Town and valid for a minimum period of two years) in an amount equal to the lesser of 10% of the estimated cost to complete the project, as determined by the Building Official, or $50,000. The deposit shall be retained until the final inspection is completed. Should penalties accrue due to failure to complete the project within the time limits granted, said penalties may be deducted from the construction completion deposit.

If a building permit issued prior to the date of adoption of the construction time limit ordinance expires, the property owner or representative shall deliver to the Building Department a construction completion deposit prior to the issuance of a new building permit for that project. (§ 1, Ord. 555, eff. February 15, 2015)
Town of Los Altos Hills, CA
§ 8-10.05 § 8-10.06
Downloaded from https://ecode360.com/LO4964 on 2024-11-07

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From: Jared Wilcox
To: Jay Bradford
Subject: Re: FW: 12869 la cresta | Staff Report 241121
Date: Thursday, November 21, 2024 10:25:55 AM
Attachments: image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
BD BLD19-0026 241121 Staff Report Rebuttal 12869 La Cresta.pdf Permit Extension BLD19-0026 12869 La Cresta.pdf
Attached is my revised response for tonight. I will ask during item #6 toi have it pulled.

I would like to present the attached document titled: "Permit Extension _ BLD19-0026 _ 12869 La Cresta"

JARED WILCOX

PRINCIPAL
On Wed, Nov 20, 2024 at 8:01 PM Jay Bradford <[email protected]> wrote:

Jared,
There will be an opportunity under item 6 presentation from the floor to ask for it to be pulled.

You may be able to wait till item 8 the consent calander, and the public comment portion but it may be to late then. So, I suggest under item 6. If you have something you would like to present, please have it to me by midday tomorrow and we can make sure it is available for the meeting.

Jay Bradford, AICP, CASp, CBO, EI, MCP
Community Development Director
Town of Los Altos Hills
26379 Fremont Road, Los Altos Hills, CA 94022
P: 650-559-2244| F: 650-941-3160
E: [email protected]
Stay informed.

Sign-up to take Town Surveys!
ITEM 8F, Supplement 1

Page 421 of 718 ends

From: Jared Wilcox
Sent: Wednesday, November 20, 2024 7:43 PM
To: Jay Bradford <[email protected]>
Subject: Re: FW: 12869 la cresta | Staff Report 241121
How do I ask the item to be pulled during the hearing to discuss? I have prepared the attached rebuttal in case the council would like to see it ahead of time.

JARED WILCOX

PRINCIPAL
On Thu, Nov 7, 2024 at 1:38 PM Jay Bradford <[email protected]> wrote:

Jared, here are the drafts.

Jay Bradford, AICP, CASp, CBO, EI, MCP
Interim Community Development Director
Town of Los Altos Hills
26379 Fremont Road, Los Altos Hills, CA 94022
P: 650-559-2244| F: 650-941-3160
E: [email protected]
Stay informed.

Sign-up to take Town Surveys!

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Cc: Megan Rouse James Hamon
Subject: Re: 12869 la cresta for PC, LB 2200805 CI / 2200869 SU (Town file SD21-0079)

Pete, can you help me with this?
The Town won't sign me off on this project because they said the "No Build Covenant" was never filed with the County Recorder's Office. Did L&B do that already?
Here is what Jonathan Fox said:

The Condition of Title Guarantee was issued by Chicago Title on 10/24/2022 @ 7:30AM. It is not a confirmation that the No Build Covenant was recorded at the County Recorder’s Office. The Exhibit “A” referenced on page 6 is the legal description for the entire property. It is not referencing the No Build Covenant which also happens to include an Exhibit “A”. If the No Build Covenant was recorded, then Chicago Title would have listed it on Schedule B starting on page

7. It is not listed on Schedule B and so that is why I assume it was not recorded.

To satisfy the condition, I need the property owner to provide proof that the document was recorded at the County Recorder’s Office. This is what confirmation of recordation looks like, usually on the top right corner of the recorded document:

Another way to confirm that the document was recorded is if it is shown on Schedule B of the Condition of Title Guarantee. It would state something like, “30-foot No Build Covenant, Recording Date XX/XX/XXXX, Recording No Book XXXX, Page XXXX, of Official Records”.

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PARAGONCB. COM
LICENSE #898731
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0 STAFF REPORT REBUTTAL
TO: Town Of Los Altos Hills
C/O City Council
26379 Fremont Road
Los Altos Hills, CA 94022
CC: Nicholas Sutardja
RE: Permit Extension Request
Conversion Of Final Deposit
BLD19-0026
Issued: April 29, 2019
12869 La Cresta Drive
Los Altos Hills, CA 94022
FROM: Paragon Custom Builders
C/O Jared Wilcox, Principal
DATE: November 21. 2024
Construction on this project was started immediately upon issuance of Building Permit BLD19- 0026. We progressed through the project at a predictable pace until the region was afflicted by the COVID Pandemic in March of 2020. Trying to work through shut downs, social distancing requirements, and supply chain issues impeded our efforts. As shipping times were continually extended on our European orders, we found ourselves at the mercy of the transportation struggles observed by the entire world. By our accounts, this led to almost (13) months of added time to our baseline Schedule.

Our Site Development Permit SD21-0079 for Landscape Screening was applied for on August 10, 2021. The permit was tentatively approved with a newly requested 40' Open Space Easement on May 5, 2022; 9 months later. Our client appealed this decision successfully with City Council in a 4-0-0-1 vote since the Open Space Requirement was not part of the original project Conditions Of Approval and instead we agreed to a 30' No-Build Covenant in the revised and approved COAs. Having received our approval on 8/31/2022, the total time this added to our project was just shy of (13) months.

During the last few moments of that approval, I had asked the Town for an extension due to the unfair hardship the lengthy approval process imposed on our schedule. Sofia Mangalam sent me the attached email saying that the Landscape Screening work was no longer part of the New Residence permit, and that I needed to get the Final Inspection on the New Residence within the original allotted time. In the email thread, you will see the instructions I was given during an inperson meeting with Gerry Igtanloc and Sofia. Though I protested at length that separating the Landscape Screening work from the New Residence is not how I understood the Town viewed the permitted project, my pleas fell on deaf ears .

PAGE 1 of7
ITEM 8F, Supplement 1a

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Jared Wilcox >
RE: Permit Extension | BLD19-0026 | 12869 La Cresta
1 message
Sofia Mangalam <[email protected]> Thu, Aug 11, 2022 at 2:10 PM >
Cc: Gerry Igtanloc <[email protected]>, Areli Perez <[email protected]> Jared,
Your revised COAs are for your Landscape Screening are separate from your building permit for the new residence. Your building permit BLD19-0026 expires on 08-13-2022, have you applied for an extension with Gerry? Please use the application for extension permit and submit along with fees and deposit as noted in email dated June 29, 2022. Please note that you can only get two (2) extensions of 6-month each. You will get your deposit back if you complete construction within the time limits. However, if the construction extends beyond the allotted time limit including extensions, you will be liable to penalty as per Section 8-10.08 of Municipal Code (see below). 8-10.08 Penalty for failure to comply with construction time limits. (a) If an applicant/owner fails to complete construction by the applicable time limits set forth in this chapter, including any extensions granted under Section 8-10.05, the property owner shall be subject to the following penalties payable to the Town which shall accrue daily up to the maximum established by this section:

Time from Permit Expiration Penalty
0 to 30 days $0.00
31st day through the 60th day $400.00 per day
61st day through the 120th day $600.00 per day
121st day and every day thereafter $1,000.00 per day up to a maximum penalty of $250,000.00
Note: Penalties, fees and costs due to the Town pursuant to this chapter are due each day as the penalties accrue. (b) For purposes of this section, if a renewed permit expires and the property owner has not advanced a project to the next level of required inspection, the calculation of penalties shall relate back to the date of the previous permit expiration.
(c) The Planning Director may reduce or waive a penalty accrued under this chapter upon finding that the property owner acted in good faith and either: (1) the delay was attributable to circumstances beyond the property owner’s control; or (2) imposition of the full accrued penalty would harm the public interest, provided, however, that any reduction or waiver of more than five thousand dollars ($5,000.00) must be approved by the City Council.

Best,

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Sofia Mangalam
Planning and Building Director
Town of Los Altos Hills
26379 Fremont Road, Los Altos Hills, CA
94022
P: 650-947-2507 | F: 650-941-3160
E: [email protected]
Subscribe to the Town
Newsletter.

From: Jared Wilcox <j >
Sent: Thursday, August 11, 2022 9:31 AM
To: Sofia Mangalam <[email protected]>
Cc: Gerry Igtanloc <[email protected]>; Keren Brunner <[email protected]>; Steve Padovan <[email protected]>
Subject: Re: Permit Extension | BLD19-0026 | 12869 La Cresta Now that we have received the COA's...

Will this 6-month period start once we receive the revised conditions of approval for our Site Development permit? Is the deposit refunded upon completion?
If we have to file for an additional extension, is there another deposit that has to be paid?

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JARED WILCOX

PRINCIPAL
On Tue, Jul 12, 2022 at 4:55 PM Jared Wilcox <j wrote:
***Checking on this email. Please advise***
On Wed, Jun 29, 2022 at 9:33 AM Jared Wilcox wrote:

Will this 6-month period start once we receive the revised conditions of approval for our Site Development permit? Is the deposit refunded upon completion?
If we have to file for an additional extension, is there another deposit that has to be paid?

JARED WILCOX

PRINCIPAL
On Wed, Jun 29, 2022 at 9:29 AM Sofia Mangalam <[email protected]> wrote:

Jared,
Please apply for an extension permit. We can only grant a 6-month extension at a time as allowed per code.

I am attaching the application for your use. There is an application fee of $180. In addition, a construction completion deposit shall be required pursuant to Section 8-10.06 prior to the granting of the time extension in an amount equal to the lesser of ten (10) percent of the estimated cost to complete the project, or fifty thousand dollars ($50,000.00).

Best,

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Sofia Mangalam
Planning and Building Director
Town of Los Altos Hills
26379 Fremont Road, Los Altos Hills, CA
94022
P: 650-947-2507 | F: 650-941-3160
E: [email protected]
Subscribe to the Town
Newsletter.

From: Jared Wilcox
Sent: Tuesday, June 28, 2022 6:59 AM
To: Steve Padovan <[email protected]>
Cc: Angus Gavin <
Subject: Permit Extension | BLD19-0026 | 12869 La Cresta Good Morning Steve,
See attached request for a permit extension on this project at 12869 La Cresta Drive.

Please advise if we may be granted additional time to complete.

JARED WILCOX

PRINCIPAL
O: (650) 389-9555 Ext: 700
C (408) 203 4140
W: PARAGONCB.COM

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Jared Wilcox
RE: Permit Extension | BLD19-0026 | 12869 La Cresta
1 message
Sofia Mangalam <[email protected]> Thu, Aug 11, 2022 at 2:10 PM To: Jared Wilcox
Cc: Gerry Igtanloc <[email protected]>, Areli Perez <[email protected]> Jared,
Your revised COAs are for your Landscape Screening are separate from your building permit for the new residence. Your building permit BLD19-0026 expires on 08-13-2022, have you applied for an extension with Gerry? Please use the application for extension permit and submit along with fees and deposit as noted in email dated June 29, 2022. Please note that you can only get two (2) extensions of 6-month each. You will get your deposit back if you complete construction within the time limits. However, if the construction extends beyond the allotted time limit including extensions, you will be liable to penalty as per Section 8-10.08 of Municipal Code (see below). 8-10.08 Penalty for failure to comply with construction time limits. (a) If an applicant/owner fails to complete construction by the applicable time limits set forth in this chapter, including any extensions granted under Section 8-10.05, the property owner shall be subject to the following penalties payable to the Town which shall accrue daily up to the maximum established by this section:

Time from Permit Expiration Penalty
0 to 30 days $0.00
31st day through the 60th day $400.00 per day
61st day through the 120th day $600.00 per day
121st day and every day thereafter $1,000.00 per day up to a maximum penalty of $250,000.00
Note: Penalties, fees and costs due to the Town pursuant to this chapter are due each day as the penalties accrue. (b) For purposes of this section, if a renewed permit expires and the property owner has not advanced a project to the next level of required inspection, the calculation of penalties shall relate back to the date of the previous permit expiration.
(c) The Planning Director may reduce or waive a penalty accrued under this chapter upon finding that the property owner acted in good faith and either: (1) the delay was attributable to circumstances beyond the property owner’s control; or (2) imposition of the full accrued penalty would harm the public interest, provided, however, that any reduction or waiver of more than five thousand dollars ($5,000.00) must be approved by the City Council.

Best,
ITEM 8F, Supplement 1b

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Page 437 of 718 ends

JARED WILCOX

PRINCIPAL
On Tue, Jul 12, 2022 at 4:55 PM Jared Wilcox < wrote:
***Checking on this email. Please advise***
On Wed, Jun 29, 2022 at 9:33 AM Jared Wilcox < wrote:

Will this 6-month period start once we receive the revised conditions of approval for our Site Development permit? Is the deposit refunded upon completion?
If we have to file for an additional extension, is there another deposit that has to be paid?

JARED WILCOX

PRINCIPAL
On Wed, Jun 29, 2022 at 9:29 AM Sofia Mangalam <[email protected]> wrote:

Jared,
Please apply for an extension permit. We can only grant a 6-month extension at a time as allowed per code.

I am attaching the application for your use. There is an application fee of $180. In addition, a construction completion deposit shall be required pursuant to Section 8-10.06 prior to the granting of the time extension in an amount equal to the lesser of ten (10) percent of the estimated cost to complete the project, or fifty thousand dollars ($50,000.00).

Best,

Page 438 of 718 ends

Sofia Mangalam
Planning and Building Director
Town of Los Altos Hills
26379 Fremont Road, Los Altos Hills, CA
94022
P: 650-947-2507 | F: 650-941-3160
E: [email protected]
Subscribe to the Town
Newsletter.

From: Jared Wilcox < >
Sent: Tuesday, June 28, 2022 6:59 AM
To: Steve Padovan <[email protected]>
Cc: Angus Gavin <
Subject: Permit Extension | BLD19-0026 | 12869 La Cresta Good Morning Steve,
See attached request for a permit extension on this project at 12869 La Cresta Drive.

Please advise if we may be granted additional time to complete.

JARED WILCOX

PRINCIPAL

Page 439 of 718 ends
Page 440 of 718 ends

[Revised 11/20/2024] ITEM 8G STAFF REPORT
TOWN OF LOS ALTOS HILLS November 21, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION GRANTING REQUEST FOR EXTENSION OF THE EXPIRATION DATE FOR BUILDING PERMIT AT 28008 LAURA COURT.

FROM: Jay Bradford, Interim Community Development Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

1. Approve a resolution granting the extension requests for the building permits outlined below, each with a new expiration date, as recommended in the individual staff reports and detailed attachments.

2. Approve the conversion of the $50,000 final deposit to penalty fee based on the Town Construction Time Limitation policy in Title 8 Chapter 10 of the Los Altos Hills Municipal Code for 28008 LAURA COURT.

DISCUSSION:

The property owner is requesting an extension of Building Permits #20479 and #20480 at 28008 Laura Court that were originally issued on May 11, 2017. New residence construction is limited to 30 months following the issuance of the building permit if the estimated value of the project is between $500,001 and $1,000,000. Since the estimated value of the project is between $500,001 and $1,000,000, the building permits expired on November 11, 2019. However, in the Construction Time Limits Ordinance, extension of construction after the time limit is allowed since the project has not passed a final inspection in the allotted time as described in Section 8-10.04. Although the ordinance specifies that the extension must be granted prior to permit expiration, the applicant has submitted a request for an extension for up to a year to complete the work. This project, similar to others in the packet, experienced delays from COVID-19, construction, and contractor replacements.

Staff recommends granting an extension to allow for additional inspections necessary for project closeout. With this approved permit extension, the applicant will have a year from City Council’s approval of this request to complete the project. Following a year, the applicant will have to pay the final deposit bond of $50,000 for which if they exceed the extension’s time limit, the applicant will face penalties again. In addition, they will be required to apply for another permit extension.

The project details are as follows:

Lands of Nashashibi Family Trust - 28008 Laura Court
Permit Numbers: 20479 & 20480
Original Expiration Date: November 11, 2019
New Expiration Date: November 21, 2025

Page 441 of 718 ends

City Council Page 2
Permit Extensions
November 21, 2024
Description: New residence; construction delayed by contractor changes and pandemic.

Attachment: See Staff Report for 20479 and 20480
The above project, if approved, would result in a one-year extension from the City Council’s approval. The approved permit extension resolutions would supersede any related conditions of approval in the planning entitlements and permitting compliance dates.

FINAL DEPOSIT UTILIZATION:

According to the Town of Los Altos Hills Municipal Code, construction projects have strict time limits based on their estimated value. For projects valued over $1,000,000, the allowed time is 36 months. When this limit is exceeded, a deposit is requested for $50,000 and penalties begin to accumulate, reaching $1,000 per day after 120 days, with a maximum penalty of $250,000.

The projects at 28008 Laura Court have exceeded their maximum allowed time and previous extensions. As a result, the $50,000 deposit for each project will be converted into penalty fees, in accordance with the Town’s Construction Time Limit policy. This ensures timely completion of projects and minimizes the negative impacts of prolonged construction on the community.

Unlike other projects requesting their first extension, 28008 Laura Court has had multiple extensions without facing penalties until now. The Town's recommendation to convert the final deposit into penalties upholds municipal regulations, encouraging timely completion and protecting neighboring properties from extended disruption.

This enforcement is consistent with Title 8, Chapter 10 of the Los Altos Hills Municipal Code, ensuring equitable application of the Town’s construction policies.

CONCLUSION:

In conclusion, it is recommended that the City Council:

Approve the resolutions granting extension requests for the building permits outlined in the report, each with a new expiration date.

Approve the conversion of the $50,000 final deposit to a penalty fee for the properties located at 28008 Laura Court, in accordance with the Town Construction Time Limit policy in Title 8, Chapter 10 of the Los Altos Hills Municipal Code.

ENVIRONMENTAL REVIEW:

The proposed request is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), which exempts actions that can be seen with certainty will not cause significant environmental impacts.

FISCAL IMPACT:

There is no fiscal impact associated with these time extension requests as the applicant pays a fee for service covering the Town’s costs. Additionally, the conversion of the Final Deposits to penalty fees is not forecasted revenue and the conversion will offset general fund allocations.

Page 442 of 718 ends

City Council Page 3
Permit Extensions
November 21, 2024
2024-25 CITY COUNCIL WORK PLAN:

This is not part of the 2024-25 City Council Work Plan as extensions are, depending on applicability, part of the standard site development approval process.

ATTACHMENTS

1. Attachment 1: Resolution Approving Time Extension for 28008 Laura Court, Building Permits: 20479 & 20480

2. Attachment 2: Construction Time Limits Section 8-10.04-10.06

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[Revised 11/20/2024] Attachment 1
RESOLUTION -24

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

APPROVING A TIME EXTENSION OF AN APPROVED BUILDING PERMIT FOR

A NEW RESIDENCE AND NEW CABANA OR POOL HOUSE
(LANDS OF NASHASHIBI FAMILY TRUST)
WHEREAS, the Nashashibi Family Trust (“Owner”) owns the property commonly known as 28008 Laura Court, Los Altos Hills, California (APN 336-34-009); and WHEREAS, the building permits (#20479 and #20480) for a new residence and new cabana or pool house were issued on May 11, 2017, with reasonable conditions of approval; and WHEREAS, the building permits expired on November 11, 2019, as the Town has adopted a Construction Time Limits Ordinance and, pursuant thereto, sets an expiration date for Building Permits for new dwellings and remodels with additions with a project valuation between $500,001 and $1,000,000 at thirty (30) months; and
WHEREAS, pursuant to the Construction Time Limits Ordinance, the City Council has the authority to grant reasonable extensions of time for Building Permits that have expired; and WHEREAS, the Town generally grants time extensions of one (1) calendar year; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby approve on behalf of the Owners, a one (1) year Time Extension (EX24-20479 and EX24-20480) of approved Building Permits (#20479 and #20480) and authorizes the City Manager or their representative to convert the $50,000 final deposit to penalty fee based on the Town Construction Time Limitation policy in Title 8 Chapter 10 of the Los Altos Hills Municipal Code.

The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21st day of November 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
Stanley Mok, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk

Page 444 of 718 ends

ITEM 8G Attachment 1
RESOLUTION -24

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

APPROVING A TIME EXTENSION OF AN APPROVED BUILDING PERMIT FOR

A NEW RESIDENCE AND NEW CABANA OR POOL HOUSE
(LANDS OF NASHASHIBI FAMILY TRUST)
WHEREAS, the Nashashibi Family Trust (“Owner”) owns the property commonly known as 28008 Laura Court, Los Altos Hills, California (APN 336-34-009); and WHEREAS, the building permits (#20479 and #20480) for a new residence and new cabana or pool house were issued on May 11, 2017, with reasonable conditions of approval; and WHEREAS, the building permits expired on May 11, 2019, as the Town has adopted a Construction Time Limits Ordinance and, pursuant thereto, sets an expiration date for Building Permits for new dwellings and remodels with additions with a project valuation between $500,001 and $1,000,000 at thirty (30) months; and
WHEREAS, pursuant to the Construction Time Limits Ordinance, the City Council has the authority to grant reasonable extensions of time for Building Permits that have expired; and WHEREAS, the Town generally grants time extensions of one (1) calendar year; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby approve on behalf of the Owners, a one (1) year Time Extension (EX24-20479 and EX24-20480) of approved Building Permits (#20479 and #20480) and authorizes the City Manager or their representative to convert the $50,000 final deposit to penalty fee based on the Town Construction Time Limitation policy in Title 8 Chapter 10 of the Los Altos Hills Municipal Code.

The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21st day of November 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
Stanley Mok, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk

Page 445 of 718 ends

§ 8-10.04. Construction completion time limit guidelines.

New Dwellings and Remodels with Additions. Except where a longer time period is approved pursuant to Section 8-10.05, the maximum time for completion of approved new dwellings or remodels with additions, following issuance of the building permit, shall not exceed the following time limits listed in Table 1:

TABLE 1 New Dwellings and Remodels with Additions
Estimated Value of Project ($) Construction Time Limit
$0 to $250,000 18 months
$250,001 to $500,000 24 months
$500,001 to $1,000,000 30 months
$1,000,001 and over 36 months
All Other Construction Projects. Except where a longer time period is approved pursuant to Section 8-10.05, the maximum time for completion of all other applicable construction projects (e.g., remodels, alterations, modifications, repairs, new construction of accessory structures, etc.), following issuance of the building permit, shall not exceed the following time limits listed in Table 2:

TABLE 2 All Other Construction Projects
Estimated Value of Project ($) Construction Time Limit
$0 to $100,000 12 months
$100,001 to $250,000 18 months
$250,001 to $500,000 24 months
$500,001 and over 30 months
The construction time limit period shall commence on the date the building permit is issued.

The time limits stated in Tables 1 and 2 are the maximum time limits allowed and lesser time periods may be allocated to a project depending on the status of previously issued building permits or code enforcement actions.

Every building permit issued by the Town under the provisions of the building code shall expire and automatically become null and void upon reaching the construction time limit unless a time extension is granted under Section 8-10.05. Said time extension shall be granted prior to the expiration of the building permit.
(§ 1, Ord. 555, eff. February 15, 2015)
§ 8-10.05. Extension of construction time limit.

In the event a project has not passed a final inspection in the allotted time period as prescribed by Table 1 or Table 2 under Section 8-10.04, the applicant/owner may be entitled to up to two, Town of Los Altos Hills, CA
Downloaded from https://ecode360.com/LO4964 on 2024-11-07 ITEM 8G Attachment 2

Page 446 of 718 ends

six month extensions to complete the work. An application for an extension of the construction time limit shall be submitted at least 14 days prior to the expiration of the time limit period and shall be accompanied by a written explanation of the reasons for the requested extension and a fee, as established by City Council resolution. If the Building Official, upon review of the application, grants an extension, the additional six month extension period shall start from the date of the original time limit expiration or the most recent extension expiration date. A construction completion deposit shall be required pursuant to Section 8-10.06 prior to the granting of the time extension.

Time limits shall not be increased through the issuance of subsequent building permits for the same project or for modifications to the original permit unless authorized by the City Council. (§ 1, Ord. 555, eff. February 15, 2015)
§ 8-10.06. Construction completion deposit.

Upon reaching the construction time limit set pursuant to Section 8-10.04, if a final certificate of occupancy has not been issued or final building inspection made, the property owner or representative shall deliver to the Building Department a refundable construction completion deposit (in cash or other security instrument acceptable to the Town and valid for a minimum period of two years) in an amount equal to the lesser of 10% of the estimated cost to complete the project, as determined by the Building Official, or $50,000. The deposit shall be retained until the final inspection is completed. Should penalties accrue due to failure to complete the project within the time limits granted, said penalties may be deducted from the construction completion deposit.

If a building permit issued prior to the date of adoption of the construction time limit ordinance expires, the property owner or representative shall deliver to the Building Department a construction completion deposit prior to the issuance of a new building permit for that project. (§ 1, Ord. 555, eff. February 15, 2015)
Town of Los Altos Hills, CA
§ 8-10.05 § 8-10.06
Downloaded from https://ecode360.com/LO4964 on 2024-11-07

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ITEM 8H STAFF REPORT
TOWN OF LOS ALTOS HILLS November 21, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION GRANTING THE REQUEST FOR EXTENSIONS OF THE EXPIRATION DATES FOR VARIOUS BUILDING PERMITS.

FROM: Jay Bradford, Interim Community Development Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

1. Approve a resolution granting the extension requests for the building permits outlined below, each with a new expiration date, as recommended in the individual staff reports and detailed attachments.

DISCUSSION:

Property owners for the various projects listed below have requested time extensions for their project entitlements or building permits due to construction delays, primarily resulting from impacts such as COVID-19, contractor changes, or project complexity. In accordance with the Town's Construction Time Limits Ordinance (Section 8-10.04), extensions are permissible where reasonable delays have occurred, and work remains incomplete. Each of these projects has not passed final inspection within the originally allotted time, but no fiscal impact is expected from the extensions.

The individual project details are as follows:

1. Lands of Chelbxeiah De LLC - 27800 Via Feliz
Permit Numbers: 21224 & 21225
Original Expiration Date: May 1, 2021
New Expiration Date: November 21, 2025
Description: Construction of a new residence and ADU delayed due to pandemic and contractor issues.

Attachment: See Staff Report for 21224 and 21225

2. Lands of Somekh Sasson - 13875 Mir Mirou Drive
Permit Numbers: 21265 & 21266
Original Expiration Date: May 4, 2021
New Expiration Date: November 21, 2025
Description: New single-family dwelling and accessory structure delayed by COVID-19 and construction complexities.

Attachment: See Staff Report for 21265 and 21266

Page 448 of 718 ends

City Council Page 2
Permit Extensions
November 21, 2024

3. Lands of Jaeger - 24250 Hillview Road
Permit Number: BLD19-0227
Original Expiration Date: March 6, 2022
New Expiration Date: November 21, 2025
Description: Major basement and main floor addition project delayed by COVID-19.

Attachment: See Staff Report for BLD19-0227

4. Lands of Doran - 23520 Ravensbury Avenue
Permit Number: BLD19-0605
Original Expiration Date: December 16, 2021
New Expiration Date: November 21, 2025
Description: Major remodel and addition with ADU and attached garage delayed due to construction hurdles and pandemic.

Attachment: See Staff Report for BLD19-0605

5. Lands of Kagolanu and Talagadadeevi - 12857 La Cresta Drive Permit Number: BLD20-0057
Original Expiration Date: June 25, 2023
New Expiration Date: November 21, 2025
Description: New residence and attached garage with basement delayed by COVID-19- related setbacks.

Attachment: See Staff Report for BLD20-0057

6. Lands of Lenz Marian - 24755 Prospect Avenue
Permit Number: BLD20-0322
Original Expiration Date: March 17, 2023
New Expiration Date: November 21, 2025
Description: Detached ADU construction delayed due to construction and pandemic delays.

Attachment: See Staff Report for BLD20-0322

7. Lands of Heidari - 10629 Magdalena Road
Permit Number: BLD20-0598
Original Expiration Date: March 2, 2023
New Expiration Date: November 21, 2025
Description: New addition construction delayed by contractor issues and pandemic.

Attachment: See Staff Report for BLD20-0598

8. Lands of Klemm - 12033 Green Hills Court
Permit Number: 17800
Original Expiration Date: July 22, 2019
New Expiration Date: November 21, 2025
Description: New addition construction delayed by contractor issues and pandemic.

Attachment: See Staff Report for 17800

Page 449 of 718 ends

City Council Page 3
Permit Extensions
November 21, 2024
The list above of projects, if approved, would result in a one-year extension from the City Council’s approval. The approved permit extension resolutions would supersede any related conditions of approval in the planning entitlements and permitting compliance dates.

CONCLUSION:

In conclusion, it is recommended that the City Council:

Approve the resolutions granting extension requests for the building permits outlined in the report, each with a new expiration date, as recommended in the individual staff reports and detailed in the attached documentation.

FISCAL IMPACT:

There is no fiscal impact associated with these time extension requests as the applicant pays a fee for service covering the Town’s costs.
2024-25 CITY COUNCIL WORK PLAN:

This is not part of the 2024-25 City Council Work Plan as extensions are, depending on applicability, part of the standard site development approval process.

ATTACHMENTS

1. Attachment 1: Staff Report for Lands of Chelbxeiah De LLC, 27800 Via Feliz, Building Permits: 21224 & 21225

2. Attachment 2: Staff Report for Lands of Somekh Sasson, 13875 Mir Mirou Drive, Building Permits: 21265 & 21266

3. Attachment 3 Staff Report for Lands of Jaeger, 24250 Hillview Road, Building Permit:

BLD19-0227

4. Attachment 4: Staff Report for Lands of Doran, 23520 Ravensbury Avenue, Building Permit: BLD19-0605

5. Attachment 5: Staff Report for Lands of Kagolanu and Talagadadeevi, 12857 La Cresta Drive, Building Permit: BLD20-0057

6. Attachment 6: Staff Report for Lands of Lenz Marian, 24755 Prospect Avenue, Building Permit: BLD20-0322

7. Attachment 7: Staff Report for Lands of Heidari, 10629 Magdalena Road, Building Permit: BLD20-0598

8. Attachment 7: Staff Report for Lands of Klemm, 12033 Green Hills Court, Building Permit: 17800

9. Attachment 8: Construction Time Limits Section 8-10.04-10.06

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ITEM 8H Attachment 1
TOWN OF LOS ALTOS HILLS November 21, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION GRANTING REQUEST FOR EXTENSION OF THE

EXPIRATION DATE FOR A BUILDING PERMIT FOR A NEW MAIN

RESIDENCE BASEMENT AND A NEW POOL HOUSE CONVERSION TO AN ADU, LANDS OF CHELBXEIAH DELLC; 27800 VIA FELIZ. Permits #21224 and #21225.

FROM: Jay Bradford, Interim Community Development Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt the resolution (Attachment 1) approving the extension request for Building Permits #21224 and #21225 with a new expiration date of November 21, 2025.

DISCUSSION:

The property owner is requesting an extension of Building Permits #21224 and #21225 at 27800 Via Feliz that was originally issued on May 1, 2018. New residence construction is limited to 36 months following issuance of the building permit if the estimated value of the project is over $1,000,001. Since the estimated value of the project is over $1,000,001, the building permits expired on May 1, 2021. However, in the Construction Time Limits Ordinance, extension of construction after the time limit is allowed since the project has not passed a final inspection in the allotted time as described in Section 8-10.04. Although the ordinance specifies that the extension must be granted prior to permit expiration, the applicant has submitted a request for an extension for up to a year to complete the work. This project, similar to others in the packet, experienced delays from COVID-19, construction, and contractor replacements.

Staff recommends granting an extension to allow for additional inspections necessary for project closeout. With this approved permit extension, the applicant will have a year from City Council’s approval of this request to complete the project. Following a year, the applicant will have to pay the final deposit bond of $50,000 for which if they exceed the extension’s time limit, the applicant will face penalties again. In addition, they will be required to apply for another permit extension.

ENVIRONMENTAL REVIEW:

The proposed request is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), which exempts actions that can be seen with certainty will not cause significant environmental impacts.

FISCAL IMPACT:

There is no fiscal impact associated with these time extension requests as the applicant pays a fee for service covering the Town’s costs.

Page 451 of 718 ends

City Council Page 2
27600 Via Feliz
November 21, 2024
2024-25 CITY COUNCIL WORK PLAN:

This is not part of the 2024-25 City Council Work Plan as extensions are, depending on applicability, part of the standard site development approval process.

ATTACHMENTS

1. Resolution Approving Time Extension for 27800 Via Feliz, Building Permits: 21224 & 21225
Report prepared by: Sunny Chao, Senior Planner

Page 452 of 718 ends

Attachment 1
RESOLUTION -24

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

APPROVING A TIME EXTENSION OF AN APPROVED BUILDING PERMIT FOR

A NEW MAIN RESIDENCE BASEMENT AND A NEW POOL HOUSE

CONVERSION TO AN ADU
(LANDS OF CHELBXEIAH DELLC)
WHEREAS, Chelbxeiah Dellc (“Owner”) owns the property commonly known as 27800 Via Feliz, Los Altos Hills, California (APN 182-09-033); and WHEREAS, the building permits (#21224 and #21225) for a new main residence basement and a new pool house conversion to an ADU were issued on April 10, 2018, with reasonable conditions of approval; and
WHEREAS, the permits expired on May 1, 2021, as the Town has adopted a Construction Time Limits Ordinance and, pursuant thereto, sets an expiration date for Building Permits for new dwellings and remodels with additions with a project valuation of $1,000,001 and over at thirty-six (36) months; and
WHEREAS, pursuant to the Construction Time Limits Ordinance, the City Council has the authority to grant reasonable extensions of time for Building Permits that have expired; and WHEREAS, the Town generally grants time extensions of one (1) calendar year; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby approve on behalf of the Owners, a one (1) year Time Extension (EX24-21224 and EX24-21225) of approved Building Permits (#21224 and #21225), subject to the originally adopted conditions.

The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21st day of November 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
Stanley Mok, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk

Page 453 of 718 ends

ITEM 8H Attachment 2
TOWN OF LOS ALTOS HILLS November 21, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION GRANTING REQUEST FOR EXTENSION OF THE

EXPIRATION DATE FOR BUILDING PERMITS FOR A NEW RESIDENCE AND A NEW ACCESSORY STRUCTURE, LANDS OF SOMEKH SASSON;
13875 MIR MIROU DRIVE. Permits #21265 and #21266.

FROM: Jay Bradford, Interim Community Development Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt the resolution (Attachment 1) approving the extension request for Building Permits #21265 and #21266 with a new expiration date of November 21, 2025.

DISCUSSION:

The property owner is requesting an extension of Building Permits #21265 and #21266 at 13875 Mir Mirou Drive that were originally issued on May 4, 2018. New residence construction is limited to 36 months following issuance of the building permit if the estimated value of the project is over $1,000,001. Since the estimated value of the project is over $1,000,001, the building permit expired on May 4, 2021. However, in the Construction Time Limits Ordinance, extension of construction after the time limit is allowed since the project has not passed a final inspection in the allotted time as described in Section 8-10.04. Although the ordinance specifies that the extension must be granted prior to permit expiration, the applicant has submitted a request for an extension for up to a year to complete the work. This project, similar to others in the packet, experienced delays from COVID-19, construction, and contractor replacements.

Staff recommends granting an extension to allow for additional inspections necessary for project closeout. With this approved permit extension, the applicant will have a year from City Council’s approval of this request to complete the project. Following a year, the applicant will have to pay the final deposit bond of $50,000 for which if they exceed the extension’s time limit, the applicant will face penalties again. In addition, they will be required to apply for another permit extension.

ENVIRONMENTAL REVIEW:

The proposed request is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), which exempts actions that can be seen with certainty will not cause significant environmental impacts.

FISCAL IMPACT:

There is no fiscal impact associated with these time extension requests as the applicant pays a fee for service covering the Town’s costs.

Page 454 of 718 ends

City Council Page 2
13875 Mir Mirou Drive
November 21, 2024
2024-25 CITY COUNCIL WORK PLAN:

This is not part of the 2024-25 City Council Work Plan as extensions are, depending on applicability, part of the standard site development approval process.

ATTACHMENTS

1. Resolution Approving Time Extension for 13875 Mir Mirou Drive, Building Permits:
21265 & 21266
Report prepared by: Sunny Chao, Senior Planner

Page 455 of 718 ends

Attachment 1
RESOLUTION -24

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

APPROVING A TIME EXTENSION OFTWO APPROVED BUILDING PERMITS

FOR A NEW RESIDENCE AND A NEW ACCESSORY STRUCTURE
(LANDS OF SOMEKH SASSON)
WHEREAS, Somekh Sasson (“Owner”) owns the property commonly known as 13975 Mir Mirou Drive, Los Altos Hills, California (APN 182-32-029); and WHEREAS, the building permits (#21265 and #21266) for a new residence and a new accessory structure were issued on May 4, 2018, with reasonable conditions of approval; and WHEREAS, the permits expired on May 4, 2021, as the Town has adopted a Construction Time Limits Ordinance and, pursuant thereto, sets an expiration date for Building Permits for new dwellings and remodels with additions with a project valuation of $1,000,001 and over at thirty-six (36) months; and
WHEREAS, pursuant to the Construction Time Limits Ordinance, the City Council has the authority to grant reasonable extensions of time for Building Permits that have expired; and WHEREAS, the Town generally grants time extensions of one (1) calendar year; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the Town of Los Altos Hills does hereby approve on behalf of the Owners, a one (1) year Time Extension (EX24-21265 and EX24-21266) of approved Building Permits (#21265 and #21266) subject to the originally adopted conditions.

The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21st day of November 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
Stanley Mok, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk

Page 456 of 718 ends

ITEM 8H Attachment 3
TOWN OF LOS ALTOS HILLS November 21, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION GRANTING REQUEST FOR EXTENSION OF THE

EXPIRATION DATE FOR A BUILDING PERMIT FOR A NEW BASEMENT AND MAIN FLOOR ADDITION, LANDS OF JAEGER; 24250 HILLVIEW ROAD. BLD19-0227.

FROM: Jay Bradford, Interim Community Development Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt the resolution (Attachment 1) approving the extension request for Building Permit BLD19- 0227 with a new expiration date of November 21, 2025.

DISCUSSION:

The property owner is requesting an extension of Building Permit BLD19-0227 at 24250 Hillview Road that was originally issued on September 6, 2019. New residence construction is limited to 30 months following the issuance of the building permit if the estimated value of the project is between $500,001 and $1,000,000. Since the estimated value of the project is between $500,001 and $1,000,000, the building permit expired on March 6, 2022. However, in the Construction Time Limits Ordinance, extension of construction after the time limit is allowed since the project has not passed a final inspection in the allotted time as described in Section 8-10.04. Although the ordinance specifies that the extension must be granted prior to permit expiration, the applicant has submitted a request for an extension for up to a year to complete the work. This project, similar to others in the packet, experienced delays from COVID-19, construction, and contractor replacements.

Staff recommends granting an extension to allow for additional inspections necessary for project closeout. With this approved permit extension, the applicant will have a year from City Council’s approval of this request to complete the project. Following a year, the applicant will have to pay the final deposit bond of $50,000 for which if they exceed the extension’s time limit, the applicant will face penalties again. In addition, they will be required to apply for another permit extension.

ENVIRONMENTAL REVIEW:

The proposed request is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), which exempts actions that can be seen with certainty will not cause significant environmental impacts.

FISCAL IMPACT:

There is no fiscal impact associated with these time extension requests as the applicant pays a fee for service covering the Town’s costs.

Page 457 of 718 ends

City Council Page 2
24250 Hillview Road
November 21, 2024
2024-25 CITY COUNCIL WORK PLAN:

This is not part of the 2024-25 City Council Work Plan as extensions are, depending on applicability, part of the standard site development approval process.

ATTACHMENTS

1. Resolution Approving Time Extension for 24250 Hillview Road, Building Permit:

BLD19-0227
Report prepared by: Sunny Chao, Senior Planner

Page 458 of 718 ends

Attachment 1
RESOLUTION -24

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

APPROVING A TIME EXTENSION OF AN APPROVED BUILDING PERMIT FOR

A NEW BASEMENT AND MAIN FLOOR ADDITION
(LANDS OF JAEGER)
WHEREAS, Christopher Jaeger (“Owner”) owns the property commonly known as 24250 Hillview Road, Los Altos Hills, California (APN 336-17-004); and WHEREAS, the building permit (BLD19-0227) for a new basement and main floor addition was issued on September 6, 2019, with reasonable conditions of approval; and WHEREAS, the permit expired on March 6, 2022, as the Town has adopted a Construction Time Limits Ordinance and, pursuant thereto, sets an expiration date for Building Permits for new dwellings and remodels with additions with a project valuation between $500,001 and $1,000,000 at thirty (30) months; and
WHEREAS, pursuant to the Construction Time Limits Ordinance, the City Council has the authority to grant reasonable extensions of time for Building Permits that have expired; and WHEREAS, the Town generally grants time extensions of one (1) calendar year; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby approve on behalf of the Owner, a one (1) year Time Extension (EX19-0227) of an approved Building Permit BLD19-0227 subject to the originally adopted conditions.

The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21st day of November 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
Stanley Mok, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk

Page 459 of 718 ends

ITEM 8H Attachment 4
TOWN OF LOS ALTOS HILLS November 21, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION GRANTING REQUEST FOR EXTENSION OF THE

EXPIRATION DATE FOR A BUILDING PERMIT FOR A MAJOR ADDITION

AND REMODEL WITH AN ATTACHED GARAGE AND ADU, LANDS OF
DORAN; 23520 RAVENSBURY AVENUE. BLD19-0605.

FROM: Jay Bradford, Interim Community Development Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt the resolution (Attachment 1) approving the extension request for Building Permit BLD19- 0605 with a new expiration date of November 21, 2025.

DISCUSSION:

The property owner is requesting an extension of Building Permit BLD19-0605 at 23520 Ravensbury Avenue that was originally issued on June 16, 2020. New dwellings and remodels with additions are limited to 30 months following the issuance of the building permit if the estimated value of the project is between $500,001 and $1,000,000. Since the estimated value of the project is between $500,001 and $1,000,000, the building permit expired on December 16, 2022. However, in the Construction Time Limits Ordinance, extension of construction after the time limit is allowed since the project has not passed a final inspection in the allotted time as described in Section 8-10.04. Although the ordinance specifies that the extension must be granted prior to permit expiration, the applicant has submitted a request for an extension for up to a year to complete the work. This project, similar to others in the packet, experienced delays from COVID-19, construction, and contractor replacements.

Staff recommends granting an extension to allow for additional inspections necessary for project closeout. Previously, the Condition of Approval #21 states, “The project is subject to the Town’s Construction Time Limit Ordinance (Chapter 10, Title VIII of the Municipal Code). The maximum time for completion of the new residence shall be 36 months from the date of Building Permit issuance. Failure to complete the project in the allotted time may result in substantial penalties and fees.” Now, with this approved permit extension, the applicant will have a year from City Council’s approval of this request to complete the project. Following the year, the applicant will have to pay the final deposit bond of $50,000 for which if they exceed the extension, the applicant will face penalties again. In addition, they will be required to apply for another permit extension.

ENVIRONMENTAL REVIEW:

The proposed request is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), which exempt actions that can be seen with certainty will not cause significant environmental impacts.

Page 460 of 718 ends

City Council Page 2
23520 Ravensbury Avenue
November 21, 2024
FISCAL IMPACT:

There is no fiscal impact associated with these time extension requests as the applicant pays a fee for service covering the Town’s costs.
2024-25 CITY COUNCIL WORK PLAN:

This is not part of the 2024-25 City Council Work Plan as extensions are, depending on applicability, part of the standard site development approval process.

ATTACHMENTS

1. Resolution Approving Time Extension for 23520 Ravensbury Avenue, Building Permit:

BLD19-0605
Report prepared by: Sunny Chao, Senior Planner

Page 461 of 718 ends

Attachment 1
RESOLUTION -24

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

APPROVING A TIME EXTENSION OF AN APPROVED BUILDING PERMIT FOR

A NEW MAJOR ADDITION AND REMODEL WITH AN ATTACHED GARAGE

AND ADU
(LANDS OF DORAN)
WHEREAS, James and Jennifer Doran (“Owners”) own the property commonly known as 23520 Ravensbury Avenue, Los Altos Hills, California (APN 336-38-025); and WHEREAS, the building permit (BLD19-0605) for a new major addition and remodel with an attached garage and ADU was issued on June 16, 2020, with reasonable conditions of approval; and
WHEREAS, the building permit expired on December 16, 2022, as the Town has adopted a Construction Time Limits Ordinance and, pursuant thereto, sets an expiration date for Building Permits for new dwellings and remodels with additions with a project valuation between $500,001 and $1,000,000 at thirty (30) months; and
WHEREAS, pursuant to the Construction Time Limits Ordinance, the City Council has the authority to grant reasonable extensions of time for Building Permits that have expired; and WHEREAS, the Town generally grants time extensions of one (1) calendar year; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby approve on behalf of the Owner, a one (1) year Time Extension (EX19-0605) of an approved Building Permit BLD19-0605 subject to the originally adopted conditions.

The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21st day of November 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
Stanley Mok, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk

Page 462 of 718 ends

ITEM 8H Attachment 5
TOWN OF LOS ALTOS HILLS November 21, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION GRANTING REQUEST FOR EXTENSION OF THE

EXPIRATION DATE FOR A BUILDING PERMIT FOR A NEW RESIDENCE

AND ATTACHED GARAGE, LANDS OF KAGOLANU AND
TALAGADADEEVI; 12857 LA CRESTA DRIVE. BLD20-0057.

FROM: Jay Bradford, Interim Community Development Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt the resolution (Attachment 1) approving the extension request for Building Permit BLD20- 0057 with a new expiration date of November 21, 2025.

DISCUSSION:

The property owner is requesting an extension of Building Permit BLD20-0057 at 12857 La Cresta Drive that was originally issued on June 25, 2021. New residence construction is limited to 30 months following issuance of the building permit if the estimated value of the project is between $500,001 and $1,000,000. Since the estimated value of the project is between $500,001 and $1,000,000, the building permit expired on December 25, 2023. However, in the Construction Time Limits Ordinance, extension of construction after the time limit is allowed since the project has not passed a final inspection in the allotted time as described in Section 8-10.04. Although the ordinance specifies that the extension must be granted prior to permit expiration, the applicant has submitted a request for an extension for up to a year to complete the work. This project, similar to others in the packet, experienced delays from COVID-19, construction, and contractor replacements.

Staff recommends granting an extension to allow for additional inspections necessary for project closeout. With this approved permit extension, the applicant will have a year from City Council’s approval of this request to complete the project. Following a year, the applicant will have to pay the final deposit bond of $50,000 for which if they exceed the extension’s time limit, the applicant will face penalties again. In addition, they will be required to apply for another permit extension.

ENVIRONMENTAL REVIEW:

The proposed request is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), which exempt actions that can be seen with certainty will not cause significant environmental impacts.

FISCAL IMPACT:

There is no fiscal impact associated with these time extension requests as the applicant pays a fee for service covering the Town’s costs.

Page 463 of 718 ends

City Council Page 2
12857 La Cresta Drive
November 21, 2024
2024-25 CITY COUNCIL WORK PLAN:

This is not part of the 2024-25 City Council Work Plan as extensions are, depending on applicability, part of the standard site development approval process.

ATTACHMENTS

1. Resolution Approving Time Extension for 12857 La Cresta Drive, Building Permit:

BLD20-0057
Report prepared by: Sunny Chao, Senior Planner

Page 464 of 718 ends

Attachment 1
RESOLUTION -24

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

APPROVING A TIME EXTENSION OF AN APPROVED BUILDING PERMIT FOR

A NEW RESIDENCE AND ATTACHED GARAGE (LANDS OF KAGOLANU AND

TALAGADADEEVI)
WHEREAS, Kagolanu and Talagadaeevi (“Owners”) own the property commonly known as 12857 La Cresta Drive, Los Altos Hills, California (APN 175-44-027); and WHEREAS, the building permit (BLD20-0057) for a new residence and attached garage was issued on June 25, 2021, with reasonable conditions of approval; and WHEREAS, the permit expired on December 25, 2023, as the Town has adopted a Construction Time Limits Ordinance and, pursuant thereto, sets an expiration date for Building Permits for new dwellings and remodels with additions with a project valuation of between $500,001 and $1,000,000 at thirty (30) months; and
WHEREAS, pursuant to the Construction Time Limits Ordinance, the City Council has the authority to grant reasonable extensions of time for Building Permits that have expired; and WHEREAS, the Town generally grants time extensions of one (1) calendar year; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby approve on behalf of the Owners, a one (1) year Time Extension (EX20-0057) of an approved Building Permit BLD20-0057 subject to the originally adopted conditions.

The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21st day of November 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
Stanley Mok, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk

Page 465 of 718 ends

ITEM 8H Attachment 6
TOWN OF LOS ALTOS HILLS November 21, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION GRANTING REQUEST FOR EXTENSION OF THE

EXPIRATION DATE FOR A BUILDING PERMIT FOR A NEW DETACHED ADU, LANDS OF LENZ MARIAN; 24755 PROSPECT AVENUE. BLD20-0322.

FROM: Jay Bradford, Interim Community Development Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt the resolution (Attachment 1) approving the extension request for Building Permit BLD20- 0322 with a new expiration date of November 21, 2025.

DISCUSSION:

The property owner is requesting an extension of Building Permit BLD20-0322 at 24755 Prospect Avenue that was originally issued on March 17, 2021. New residence construction is limited to 18 months following issuance of the building permit if the estimated value of the project is $250,000 or less. Since the estimated value of the project is less than $250,000, the building permit expired on September 17, 2022. However, in the Construction Time Limits Ordinance, extension of construction after the time limit is allowed since the project has not passed a final inspection in the allotted time as described in Section 8-10.04. Although the ordinance specifies that the extension must be granted prior to permit expiration, the applicant has submitted a request for an extension for up to a year to complete the work. This project, similar to others in the packet, experienced delays from COVID-19, construction, and contractor replacements.

Staff recommends granting an extension to allow for additional inspections necessary for project closeout. With this approved permit extension, the applicant will have a year from City Council’s approval of this request to complete the project. Following a year, the applicant will have to pay the final deposit bond of $50,000 for which if they exceed the extension’s time limit, the applicant will face penalties again. In addition, they will be required to apply for another permit extension.

ENVIRONMENTAL REVIEW:

The proposed request is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), which exempts actions that can be seen with certainty will not cause significant environmental impacts.

FISCAL IMPACT:

There is no fiscal impact associated with these time extension requests as the applicant pays a fee for service covering the Town’s costs.

Page 466 of 718 ends

City Council Page 2
24755 Prospect Avenue
November 21, 2024
2024-25 CITY COUNCIL WORK PLAN:

This is not part of the 2024-25 City Council Work Plan as extensions are, depending on applicability, part of the standard site development approval process.

ATTACHMENTS

1. Resolution Approving Time Extension for 24755 Prospect Avenue, Building Permit:

BLD20-0322
Report prepared by: Sunny Chao, Senior Planner

Page 467 of 718 ends

Attachment 1
RESOLUTION -24

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

APPROVING A TIME EXTENSION OF AN APPROVED BUILDING PERMIT FOR

A NEW DETACHED ADU
(LANDS OF LENZ MARIAN)
WHEREAS, Lenz Marian (“Owner”) owns the property commonly known as 24755 Prospect Avenue, Los Altos Hills, California (APN 336-28-058); and WHEREAS, the building permit (BLD20-0322) for a new detached ADU was issued on March 17, 2021, with reasonable conditions of approval; and
WHEREAS, the permit expired on September 17, 2022, as the Town has adopted a Construction Time Limits Ordinance and, pursuant thereto, sets an expiration date for Building Permits for new dwellings and remodels with additions with a project valuation of $250,000 or less at eighteen (18) months; and
WHEREAS, pursuant to the Construction Time Limits Ordinance, the City Council has the authority to grant reasonable extensions of time for Building Permits that have expired; and WHEREAS, the Town generally grants time extensions of one (1) calendar year; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby approve on behalf of the Owners, a one (1) year Time Extension (EX20-0322) of an approved Building Permit (BLD20-0322) subject to the originally adopted conditions.

The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21st day of November 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
Stanley Mok, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk

Page 468 of 718 ends

ITEM 8H Attachment 7
TOWN OF LOS ALTOS HILLS November 21, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION GRANTING REQUEST FOR EXTENSION OF THE

EXPIRATION DATE FOR A BUILDING PERMIT FOR A NEW ADDITION, LANDS OF HEIDARI; 10629 MAGDALENA ROAD. BLD20-0598.

FROM: Jay Bradford, Interim Community Development Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt the resolution (Attachment 1) approving the extension request for Building Permit BLD20- 0598 with a new expiration date of November 21, 2025.

DISCUSSION:

The property owner is requesting an extension of Building Permit BLD20-0598 at 10629 Magdalena Road that was originally issued on September 2, 2021. New residence construction is limited to 18 months following issuance of the building permit if the estimated value of the project is $250,000 or less. Since the estimated value of the project is less than $250,000, the building permit expired on March 2, 2023. However, in the Construction Time Limits Ordinance, extension of construction after the time limit is allowed since the project has not passed a final inspection in the allotted time as described in Section 8-10.04. Although the ordinance specifies that the extension must be granted prior to permit expiration, the applicant has submitted a request for an extension for up to a year to complete the work. This project, similar to others in the packet, experienced delays from COVID-19, construction, and contractor replacements.

Staff recommends granting an extension to allow for additional inspections necessary for project closeout. With this approved permit extension, the applicant will have a year from City Council’s approval of this request to complete the project. Following a year, the applicant will have to pay the final deposit bond of $50,000 for which if they exceed the extension’s time limit, the applicant will face penalties again. In addition, they will be required to apply for another permit extension.

FISCAL IMPACT:

There is no fiscal impact associated with these time extension requests as the applicant pays a fee for service covering the Town’s costs.
2024-25 CITY COUNCIL WORK PLAN:

This is not part of the 2024-25 City Council Work Plan as extensions are, depending on applicability, part of the standard site development approval process.

Page 469 of 718 ends

City Council Page 2
10629 Magdalena Road
November 21, 2024

ATTACHMENTS

1. Resolution Approving Time Extension for 10629 Magdalena Road, Building Permit:

BLD20-0598
Report prepared by: Sunny Chao, Senior Planner

Page 470 of 718 ends

Attachment 1
RESOLUTION -24

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

APPROVING A TIME EXTENSION OF AN APPROVED BUILDING PERMIT FOR

A NEW ADDITION
(LANDS OF HEIDARI)
WHEREAS, Sam Heidari (“Owner”) owns the property commonly known as 10629 Magdalena Road, Los Altos Hills, California (APN 336-40-042); and WHEREAS, the building permit (BLD20-0598) for a new addition was issued on September 2, 2021, with reasonable conditions of approval; and
WHEREAS, the permit expired on March 2, 2023, as the Town has adopted a Construction Time Limits Ordinance and, pursuant thereto, sets an expiration date for Building Permits for new dwellings and remodels with additions with a project valuation of $250,000 or less at eighteen (18) months; and
WHEREAS, pursuant to the Construction Time Limits Ordinance, the City Council has the authority to grant reasonable extensions of time for Building Permits that have expired; and WHEREAS, the Town generally grants time extensions of one (1) calendar year; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby approve on behalf of the Owner, a one (1) year Time Extension (EX20-0598) of an approved Building Permit (BLD20-0598) subject to the originally adopted conditions.

The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21st day of November 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
Stanley Mok, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk

Page 471 of 718 ends

ITEM 8H Attachment 8
TOWN OF LOS ALTOS HILLS November 21, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION GRANTING REQUEST FOR EXTENSION OF THE

EXPIRATION DATE FOR A BUILDING PERMIT FOR A NEW ADDITION, LANDS OF KLEMM; 12033 GREEN HILLS COURT. PERMIT #17800.

FROM: Jay Bradford, Interim Community Development Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt the resolution (Attachment 1) approving the extension request for Building Permit #17800 with a new expiration date of November 21, 2025.

DISCUSSION:

The property owner is requesting an extension of Building Permit #17800 at 12033 Green Hills Court that was originally issued on April 10, 2013. New residence addition is limited to 18 months following issuance of the building permit if the estimated value of the project is less than $250,000.

Since the estimated value of the project is less than $250,000, the building permit expired on October 10, 2014. However, in the Construction Time Limits Ordinance, extension of construction after the time limit is allowed since the project has not passed a final inspection in the allotted time as described in Section 8-10.04. Although the ordinance specifies that the extension must be granted prior to permit expiration, the applicant has submitted a request for an extension for up to a year to complete the work. This project, similar to others in the packet, experienced delays from COVID-19, construction, and contractor replacements.

Staff recommends granting an extension to allow for additional inspections necessary for project closeout. With this approved permit extension, the applicant will have a year from City Council’s approval of this request to complete the project. Following a year, the applicant will have to pay the final deposit bond of $50,000 for which if they exceed the extension’s time limit, the applicant will face penalties again. In addition, they will be required to apply for another permit extension.

ENVIRONMENTAL REVIEW:

The proposed request is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), which exempts actions that can be seen with certainty will not cause significant environmental impacts.

FISCAL IMPACT:

There is no fiscal impact associated with this time extension request as the applicant pays a fee for service covering the Town’s costs.

Page 472 of 718 ends

City Council Page 2
12033 Green Hills Court
November 21, 2024
2024-25 CITY COUNCIL WORK PLAN:

This is not part of the 2024-25 City Council Work Plan as extensions are, depending on applicability, part of the standard site development approval process.

ATTACHMENTS

1. Resolution Approving Time Extension for 12033 Green Hills Court, Building Permit:
17800
Report prepared by: Sunny Chao, Senior Planner

Page 473 of 718 ends

Attachment 1
RESOLUTION -24

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

APPROVING A TIME EXTENSION OF AN APPROVED BUILDING PERMIT FOR

A NEW ADDITION
(LANDS OF KLEMM)
WHEREAS, Elaine and David Klemm (“Owners”) own the property commonly known as 12033 Green Hills Court, Los Altos Hills, California (APN 182-53-002); and WHEREAS, the building permit (#17800) for a new addition was issued on April 10, 2013, with reasonable conditions of approval; and
WHEREAS, the building permit expired on October 10, 2014, as the Town has adopted a Construction Time Limits Ordinance and, pursuant thereto, sets an expiration date for Building Permits for new dwellings and remodels with additions with a project valuation of $250,000 or less at eighteen (18) months; and
WHEREAS, pursuant to the Construction Time Limits Ordinance, the City Council has the authority to grant reasonable extensions of time for Building Permits that have expired; and WHEREAS, the Town generally grants time extensions of one (1) calendar year; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby approve on behalf of the Owners, a one (1) year Time Extension (EX24-17800) of an approved Building Permit (#17800)subject to the originally adopted conditions.

The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21st day of November 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
Stanley Mok, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk

Page 474 of 718 ends

§ 8-10.04. Construction completion time limit guidelines.

New Dwellings and Remodels with Additions. Except where a longer time period is approved pursuant to Section 8-10.05, the maximum time for completion of approved new dwellings or remodels with additions, following issuance of the building permit, shall not exceed the following time limits listed in Table 1:

TABLE 1 New Dwellings and Remodels with Additions
Estimated Value of Project ($) Construction Time Limit
$0 to $250,000 18 months
$250,001 to $500,000 24 months
$500,001 to $1,000,000 30 months
$1,000,001 and over 36 months
All Other Construction Projects. Except where a longer time period is approved pursuant to Section 8-10.05, the maximum time for completion of all other applicable construction projects (e.g., remodels, alterations, modifications, repairs, new construction of accessory structures, etc.), following issuance of the building permit, shall not exceed the following time limits listed in Table 2:

TABLE 2 All Other Construction Projects
Estimated Value of Project ($) Construction Time Limit
$0 to $100,000 12 months
$100,001 to $250,000 18 months
$250,001 to $500,000 24 months
$500,001 and over 30 months
The construction time limit period shall commence on the date the building permit is issued.

The time limits stated in Tables 1 and 2 are the maximum time limits allowed and lesser time periods may be allocated to a project depending on the status of previously issued building permits or code enforcement actions.

Every building permit issued by the Town under the provisions of the building code shall expire and automatically become null and void upon reaching the construction time limit unless a time extension is granted under Section 8-10.05. Said time extension shall be granted prior to the expiration of the building permit.
(§ 1, Ord. 555, eff. February 15, 2015)
§ 8-10.05. Extension of construction time limit.

In the event a project has not passed a final inspection in the allotted time period as prescribed by Table 1 or Table 2 under Section 8-10.04, the applicant/owner may be entitled to up to two, Town of Los Altos Hills, CA
Downloaded from https://ecode360.com/LO4964 on 2024-11-07 ITEM 8H Attachment 9

Page 475 of 718 ends

six month extensions to complete the work. An application for an extension of the construction time limit shall be submitted at least 14 days prior to the expiration of the time limit period and shall be accompanied by a written explanation of the reasons for the requested extension and a fee, as established by City Council resolution. If the Building Official, upon review of the application, grants an extension, the additional six month extension period shall start from the date of the original time limit expiration or the most recent extension expiration date. A construction completion deposit shall be required pursuant to Section 8-10.06 prior to the granting of the time extension.

Time limits shall not be increased through the issuance of subsequent building permits for the same project or for modifications to the original permit unless authorized by the City Council. (§ 1, Ord. 555, eff. February 15, 2015)
§ 8-10.06. Construction completion deposit.

Upon reaching the construction time limit set pursuant to Section 8-10.04, if a final certificate of occupancy has not been issued or final building inspection made, the property owner or representative shall deliver to the Building Department a refundable construction completion deposit (in cash or other security instrument acceptable to the Town and valid for a minimum period of two years) in an amount equal to the lesser of 10% of the estimated cost to complete the project, as determined by the Building Official, or $50,000. The deposit shall be retained until the final inspection is completed. Should penalties accrue due to failure to complete the project within the time limits granted, said penalties may be deducted from the construction completion deposit.

If a building permit issued prior to the date of adoption of the construction time limit ordinance expires, the property owner or representative shall deliver to the Building Department a construction completion deposit prior to the issuance of a new building permit for that project. (§ 1, Ord. 555, eff. February 15, 2015)
Town of Los Altos Hills, CA
§ 8-10.05 § 8-10.06
Downloaded from https://ecode360.com/LO4964 on 2024-11-07

Page 476 of 718 ends

From: Rajiv Patel
To: City Council; Peter Pirnejad; Jay Bradford; Arika Miller Subject: Code Enforcement and Fines for Construction Delays on properties in Los Altos Hills.

Date: Thursday, November 21, 2024 11:31:36 AM
Dear Council Members,
You will be discussing some penalties for construction delays on some properties in our town. As part of this I would like to draw your attention to the overall concerns I have regarding Code Enforcement (or may I say lack thereof) in our town.

Here are a few points that I have noted that may be of interest to you for investigation and discussions.

Thanks,
Rajiv Patel
Resident of Los Altos Hills
------------------------------------------------------------------------------------------------------------------------- Points regarding the topic of Code Enforcement

1. We have before us several properties that have violated code enforcement for the construction timelines and staff has chosen two to be fined and others to be granted extensions without fine. Would be useful to know why the particular two were selected and others were waived for fines.

2. Code Enforcement is an important town activity, and we seem to be taking it lightly and/or not focusing on it with appropriate resources (personnel and dollars). At a prior PC meeting the Community Director had mentioned that there were about 160 open code enforcement cases in the system. After some focus and cleanup in about 2 months this was brought down to about 90 as per the PC meeting last week.

3. It behooves us to understand why we have so many code enforcement violations (minor and major) that have not been followed up.

Do we have a systemic problem?
Are we not providing the appropriate resources and attention to this important activity?
Are we missing out on a lot of fines that we as a town can collect and apply to other important town needs?

4. A few observations that need to be verified.
a. Code enforcement has not been a priority and so has not been resourced appropriately.
b. The ad hoc consultant-based Code Enforcement approach is a failure.

We need a full-time staff member focused on it.
c. Overall, not having adequate staffing (full time – consultants don’t help) in the Planning/Building department leaves important activities deprioritized. A build up of Code Enforcement violations, in appropriate follow thru on some building and site construction projects, delays in completion of critical ordinance work are just some of the outcomes of reduced funding and senior members being completely consumed by the all-important Housing Element efforts.
d. If adequately resourced, code enforcement of all types in town could ITEM 8H, Supplement 1

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be a significant source of revenue and would increase resident satisfaction ratings.

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ITEM 8I Staff Report
THE TOWN OF LOS ALTOS HILLS November 21, 2024
Staff Report to the City Council
SUBJECT: Waive Reading and Adopt an Ordinance (Second Reading) of the Town of Los Altos Hills amending Title 10 (Zoning and Site Development) of the Los Altos Hills Municipal Code to amend regulations relating to application processing and standing committee review procedures in accordance with program B-15 of the Los Altos Hills 2023-2031 Housing Element.

CEQA Review: Consider exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(B)(3).

FROM: Jay Bradford, Interim Community Development Director APPROVED: Peter Pirnejad, City Manager

RECOMMENDATION
Staff is requesting that the Council re-adopt the ordinance to confirm the action taken at the adjourned regular meeting of the City Council held on October 22, 2024. Therefore, staff recommends that the City Council takes the following actions:

Waive Reading and Adopt the attached Ordinance amending Title 10 (Zoning and Site Development) of the Los Altos Hills Municipal Code, finalizing the amendment to regulations relating to application processing and standing committee review procedures in accordance with Program B-15 of the Los Altos Hills 2023-2031 Housing Element.

BACKGROUND
The ordinance amendments, based on Program B-15 of the Los Altos Hills 2023-2031 Housing Element, aim to streamline the committee review process for housing development projects. The amendments limit committee reviews to one meeting, with comments required within 30 days of receiving a complete application. The updates ensure alignment with State Housing Element Law and facilitate housing development approvals.

The following timeline outlines the key milestones for the ordinance amendment process:
• August 1, 2024: Community Development staff introduced the ordinance materials to the Planning Commission.
• August 13, 2024: Community Development staff collaborated with the Environmental Design and Protection Committee for ordinance review.
• August 20, 2024: The History Committee reviewed the proposed ordinance. • August 22, 2024: The Pathways Committee completed its review. • September 5, 2024: The Planning Commission held a meeting and unanimously recommended that the City Council approve the ordinance, including internal policy updates for routing sheets and plan access for relevant committees. • September 19, 2024: The City Council heard the first reading of the ordinance during its regular meeting. After minimal discussion, the Council voted unanimously (5-0) to approve the first reading.

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City Council Page 2
Committee Review Ordinance Informational Update
November 21, 2024
• October 22, 2024: The City Council heard the second reading of the ordinance during its regular meeting. After minimal discussion, the Council voted unanimously (4-0-1) to approve the second reading.

This report now presents the ordinance for its re-adoption, see Attachment 1.

DISCUSSION
This second reading finalizes the changes outlined during the first reading, focusing on limiting committee review to one meeting and ensuring that feedback is provided within 30 days of receiving a complete application. These changes align with state law and are intended to facilitate the efficient review and approval of housing development projects.

The ordinance codifies that the committees are to provide comments related to General Plan conformance, Municipal Code, adopted policies, guidelines, and specific Objective Design Standards. This update brings the Town into compliance with its adopted 2023-2031 Housing Element goals.

GENERAL PLAN
The proposed ordinance changes were proposed and approved as part of Program B-15 for the Housing Element of the General Plan. Their preparation ensures compliance with State regulations and achieve goals of the Housing Element.

ENVIRONMENTAL REVIEW
The proposed actions are considered exempt pursuant to CEQA Guidelines Section 15061(B)(3) as the informational session and the proposed ordinance amendments have no potential to create any physical changes on the environment.
2024-25 CITY COUNCIL WORK PLAN
The 6th Cycle Housing Element Implementation (see Attachment 2) was a part of the 2023 and recently proposed 2024-25 City Council Work Plan. The key project falls under the Priority Area, Quality of Life and Community. Additionally, the 2024-25 Work Plan incorporates staff capacity to work with the community, committees, the Planning Commission, and City Council on other programs of the Housing Element.

FISCAL IMPACT
The fiscal impact to the Town for amending the committee review ordinance only relates to staff time in preparing documents that were discussed with the committees and Planning Commission.

ATTACHMENTS

1. Proposed City Council Ordinance: Amendment to Title 10 of Zoning Code

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City Council Page 3
Committee Review Ordinance Informational Update
November 21, 2024

2. Link to Los Altos Hills 2023-2031 Housing Element:
https://www.losaltoshills.ca.gov/DocumentCenter/View/6251/General-Plan---5-HousingElement-PDF

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ITEM 8I Attachment 1
ORDINANCE XX.XX
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING TITLE 10 (ZONING AND SITE DEVELOPMENT) OF THE LOS ALTOS HILLS MUNICIPAL

CODE TO AMEND REGULATIONS RELATING TO APPLICATION PROCESSING

AND STANDING COMMITTEE REVIEW PROCEDURES IN ACCORDANCE WITH PROGRAM B-15 OF THE LOS ALTOS HILLS 2023-2031 HOUSING ELEMENT WHEREAS, a severe housing crisis exists in the State of California with the demand for housing outstripping supply; and
WHEREAS, the State Legislature has enacted a number of laws relating to streamline approvals of housing development projects and to promote housing supply, growth and mobility; and
WHEREAS, the adopted and state-certified 2023-2031 Housing Element (“Housing Element”) of the Town of Los Altos Hills (“Town”) contains numerous goals, policies and programs to streamline residential development projects and promote housing opportunities and mobility, which covers, among other things, the streamlining of approval timeframes, the preparation and use of objective standards, and updating project review processes to promote housing development opportunities and in accordance with state law; and WHEREAS, specifically, Program B-15 of the Housing Element committed to “Amend the Town’s Zoning Ordinance to limit advisory committee meetings to one meeting, and require comments be provided to the decision making body within thirty days of a complete application.

Further, specify that advisory committee review shall only provide comments relating to conformance with the General Plan, Municipal Code, Council- adopted policies and guidelines, and specific, Objective Design Standards”, which in large part reflects existing, uncodified practice where Town committees expeditiously and timely provide comments on development projects; and
WHEREAS, to accomplish Program B-15, the Town has prepared a set of amendments to LAHMC Title 10, Chapter 2 to incorporate the legislative changes identified above and as set forth in the Housing Element (collectively, the “Zoning Text Amendments”); and WHEREAS, on September 5, 2024, the Planning Commission held a duly noticed public hearing to consider the proposed Zoning Text Amendments, at which time all interested parties were provided an opportunity to give input and participate in the public process; and WHEREAS, on September 19, 2024, the City Council held a duly noticed public hearing to consider the proposed Zoning Text Amendments, at which time all interested parties were provided an opportunity to give input and participate in the public process; and WHEREAS, the proposed Zoning Text Amendments are consistent with and support the Los Altos Hills General Plan by helping to ensure the implementation of housing goals, programs and strategies in the 2023-2031 Housing Element, including but not limited to those with respect to streamlining the advisory committee review timeframe and scope, and promote efficiency in a well-established, streamlined application review process; and WHEREAS, under the California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3), CEQA applies only to projects which have the potential for causing a

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significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
WHEREAS, in this case the proposed Zoning Text Amendments do not have a potential for creating a significant environmental effect as they do not create any zoning land uses, approve any development projects, or issue any entitlements, but are regulatory actions taken by the Town to implement procedural requirements only; and
WHEREAS, the proposed Zoning Text Amendments are intended to improve the Town’s application review process and codify existing practices, and to implement policies and programs consistent with State Housing Element Law, in a way that protects and promotes public safety, community welfare, and the Town’s character and aesthetic quality.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills hereby ordains as follows:

SECTION I. FINDINGS.

Based on the entirety of the record as described above, the City Council for the Town of Los Altos Hills hereby makes the following findings:

1. All of the facts and recitals above are true, correct, incorporated herein and made a part hereof.

2. Based on the entirety of the record before it, the City Council hereby finds that this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) and 15283 of the CEQA Guidelines, Public Resources Code section 21080.17, and Government Code sections 65660 et seq. and 65583(a)(4).

Under CEQA Guidelines Section 15061(b)(3), CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this case, the proposed Zoning Text Amendments do not have a potential for creating a significant environmental effect as they do not create any zoning land uses, approve any development projects, or issue any entitlements, but are regulatory actions taken by the Town to implement procedural requirements only.

3. This Ordinance was prepared, introduced, and adopted in accordance with the requirements of Planning and Zoning Law (Government Code, sections 65853-65860) and meets all of the requirements thereunder.

4. This Ordinance is consistent with and supports the Los Altos Hills General Plan by implementing housing goals, programs, and strategies in the 2023-2031 Housing Element, improving the Town’s application review process and codify existing practices, and furthering housing development project entitlements and opportunities. The amendments proposed in the Ordinance would accomplish the program goals identified in the Housing Element and continue to implement the Town’s housing strategies in compliance with state law.

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SECTION II. AMENDMENT.

Chapter 2, Title 10, of the Los Altos Hills Municipal Code, is hereby amended to read as set forth in Exhibit A to this Ordinance, which is hereby incorporated as though set forth in full herein.

SECTION III. SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION IV. EFFECTIVE DATE AND PUBLICATION.

Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting.

This Ordinance shall become effective thirty (30) days from and after its adoption.

INTRODUCED: ______________, 2024
PASSED: _______________, 2024
AYES:

NOES:

ABSTENTIONS:

ABSENT:

BY: _________________________
Mayor
ATTEST:
_________________________
City Clerk
APPROVED AS TO FORM:
_________________________
City Attorney

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EXHIBIT A
SECTION I. Revisions to Article 13, “Administration and Enforcement” of Chapter 2 of Title 10
The following sections in Article 13, Chapter 2, Title 10 are amended as follows, with additions in red double underline and deletions in strikethrough. Sections, subsections, paragraphs, and texts not modified by this amendment are not included below and shall remain in full force and effect.

Section 10-2.1304 Applications—Reviews and consultants.

Within thirty (30) days of receipt of a site development application or a permit application that are reviewed and considered pursuant to the procedures set forth in this chapter, the Community Development Director or designee shall determine whether the application is complete pursuant to the State Permit Streamlining Act and the Town’s Application Checklist maintained by the Community Development Department. The Planning Community Development Director or designee may retain the services of engineering geologists, soils engineers, foresters, landscape architects, or the City Attorney to advise in the review of site development applications. The costs of such services shall be borne by the applicant.

Upon receipt of a site development application, the Community Development Director or designee shall also refer such application for review to the appropriate staff and to one or more of the following Town Standing Committees: the Pathways Committee, the Open Space Committee, the History Committee, and Environmental Design and Protection Committee, as determined applicable by the Director, to provide their written comments and recommendations on the application.

The respective committees shall review and provide comments and recommendation during a noticed public meeting and shall complete such review within one (1) meeting for each committee, which shall occur no later than within thirty (30) days from an application being determined complete by the Community Development Director pursuant to the Town’s Application Checklist maintained by the Community Development Department. Notwithstanding any provisions set forth in City Council Resolution No. 90-22, review by the applicable Standing Committee shall be limited to the following: the application’s conformance with applicable standards, policies, regulations, and requirements under General Plan, Municipal Code, Council-adopted policies and guidelines, and specific Objective Design Standards adopted by the Town.

Section 10-2.1305 Applications—Action and hearings.
(a) The Planning Community Development Director shall review consider all site development applications for projects meeting the criteria outlined in Section 10-2.301(a). The Planning Community Development Director may issue a permit with such reasonable conditions as he or she may deem necessary to achieve the purposes of this chapter, may refer the application for hearing before the Planning Community Development Director or the Planning Commission, or may disapprove the application for site development. (b) The Planning Community Development Director shall review consider all site development applications for projects meeting the definitions in Section 10-2.301(b) after pursuant to a

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noticed hearing. The Planning Community Development Director may issue a permit with such reasonable conditions as the Planning Community Development Director deems necessary to achieve the purposes of this chapter, may refer the application to the Planning Commission, or may disapprove the application for site development. Plans shall be referred for review to the appropriate staff and to the Pathways Committee and Environmental Design Committee, and notice of the hearing shall be provided to each of those committees and to the Planning Commission.

Notice of the time and place of the hearing shall be posted in at least three public posting places and posted on the property adjacent to a public street or adjacent to any access road or way to the property not having public frontage. Notices of such hearings shall also be served by United States mail to the owner of the subject property, or the owner's authorized representative, to the project applicant and to each property owner whose property is within 300 feet of the exterior boundary of the property, using addresses from the latest equalized assessment roll. In lieu of using the assessment roll, the Town may require these addresses to be obtained from records of the County Assessor or Tax Collector which contain more recent information than the assessment roll. All required names and addresses shall be provided by the applicant or his or her representative at the time the site development permit application is filed. Such posting and mailing shall be completed at least 10 days prior to the date of the hearing. The notice shall state the purpose of the application, the time and place of the hearing, and a statement that all written and oral statements will be considered by the Planning Community Development Director.

In addition to evidence presented at the hearing, the Planning Community Development Director shall consider the recommendations of staff members and of the Pathways Committee, the Open Space Committee, the History Committee, and the Environmental Design and Protection Committee, as applicable and provided pursuant to Section 10-2.1304 in making a determination regarding the proposed project.

Section 10-2.1305.1 Fast-track process.
. . .
(b) The fast-track review process shall consist of the following:
(1) A complete application shall be filed pursuant to the provisions of Section 10-2.1303. and shall be reviewed pursuant to Section 10-2.1304. Plans shall be referred for review to the appropriate staff and to the Pathways Committee, the Open Space Committee, History Committee, and the Environmental Design and Protection Committee, in accordance with Section 10-2.1304.
(2) For a new residence project, the Planning Community Development Director or designee shall determine the project's eligibility for the fast-track process using the Fast Track Guide checklist. Only projects that score 14 points or less shall be eligible for the fast track process. The Fast Track Guide checklist, or a project's conformance with the

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Fast Track Guide checklist, shall not provide the basis for the Site Development Authority's approval, conditional approval, or disapproval of a project. (3) Upon the Planning Community Development Director's determination that the application is complete, the applicant shall install story poles at the site to represent an outline of the size and height of the proposed project. (4) Upon installation of the story poles to the satisfaction of the Planning Community Development Director, notice of a site development hearing shall be mailed to all owners of property located within 500 feet from the subject property, pursuant to the notice provisions of Section 10-2.1305(c) and to members of the Planning Commission. (5) The Planning Community Development Director shall set a site development hearing for the proposed project to be held not sooner than 10 days after notice is mailed. The hearing shall take place at the date and time specified in the notice, but the Director shall make every effort to accommodate the schedules of all interested parties, including continuing the day and/or time of the meeting if necessary. (6) Environmental Design and Protection Committee, Open Space Committee, Pathways Committee, and History Committee representatives may participate in the site development hearing and shall receive notice of the hearing on the same date that notice is mailed to property owners.
(7) An interim staff report shall be prepared at least five days prior to the hearing, and be available for public review, outlining the project characteristics (floor area, development area, height, setbacks, materials, etc.) and its compliance with the Town's General Plan, Zoning and Site Development Codes, Town policies, and subdivision conditions, where applicable.
(8) The hearing shall be conducted by the Planning Community Development Director, and no other person may preside over the hearing unless so authorized by action of the City Council.
(9) The Planning Community Development Director shall approve the project if the Director determines that the project complies with the Town's General Plan, Zoning and Site Development Codes, Town policies and subdivision conditions, if applicable. (10) A final staff report shall be prepared to supplement the interim staff report with discussion of any issues raised by neighbors, committee representatives, staff, or the applicant, and to include the final conditions of approval and the applicant's signed agreement to those conditions. If opposition to the project exists, that opposition shall be noted in the final staff report along with the Planning Community Development Director's assessment of whether the opposition is supported by facts or relevant information.

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(11) Written notice of the Planning Community Development Director's decision shall be provided to the applicant, all property owners notified of the site development hearing, and any other parties attending or providing written comments at the hearing, and to the Planning Commission, a minimum of 10 days prior to the end of the appeal period. (12) The City Council may review the Planning Community Development Director's decision in accordance with the process contained in Section 10-1.1010, with transmittal of the final staff report and notice of the decision by the City Clerk to Council to occur pursuant to such process.
(13) Any interested party may appeal the Planning Community Development Director's decision to the Planning Commission by filing a written notice of appeal with the City Clerk within 21 days of the Planning Community Development Director's decision prior to its expiration pursuant to subsection (b)(14) below. A nonrefundable filing fee and deposit for services shall accompany each appeal, except that any member of the City Council or any two members of the Planning Commission may file such an appeal without payment of a fee. The appeal shall be considered at a public hearing in accordance with the provisions of Section 101.1005. A public hearing shall be set no later than 45 days after the date of the filing of the notice of appeal, unless time is waived by the appellant or project applicant.
(14) If no appeal is made, the decision of the Planning Community Development Director shall become final at 4:00 pm on the twenty first (21st) day following the action.

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ITEM 8J Staff Report
TOWN OF LOS ALTOS HILLS November 21, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION ACCEPTING AN OPEN SPACE EASEMENT AT 27340 JULIETTA LANE; LANDS OF CHENG AND LI; FILE #SD23-0055
FROM: Jay Bradford, Interim Community Development Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt a Resolution (Attachment 1) accepting the grant of an open space easement at 27340 Julietta Lane; Lands of Cheng and Li.

BACKGROUND:

The subject property is a 1.3-acre lot with an average slope of 22.9%. Access to the site is provided by Julietta Lane, a public street. The property is moderately sloped resulting in a LUF of 0.94 and a maximum development area (MDA) of 9,553 square feet and maximum floor area (MFA) of 5,034 square feet. An application for site development permit for a new swimming pool was submitted to the Town on December 6, 2023, and approved by the Community Development Director on May 28, 2024.

DISCUSSION:

The dedication of an open space easement was required as a condition of approval for the new swimming pool and associated improvements that was approved by the Community Development Director on May 28, 2024 (File #SD23-0055). The dedication is pursuant to General Plan Land Use Element Program 2.1 (Attachment 3) which states, “Continue to require the dedication of open space easements where appropriate as a condition of approval for new development”. The easement area, which is 14,677 square feet or 0.33 acres in size, includes portions of the property greater than 30% in slope.

ENVIRONMENTAL REVIEW:

The open space easement dedication qualifies for the commonsense exemption outlined in CEQA Guidelines Section 15061(b)(3), as it can be found with certainty that the activity in question is not a project and, therefore, not subject to the provisions of CEQA. 2024-25 CITY COUNCIL WORK PLAN:

This is not part of the 2024-25 City Council Work Plan as easement dedications are, depending on applicability, part of the standard site development approval process.

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City Council Page 2
27340 Julietta Lane
November 21, 2024
FISCAL IMPACT:

There is no fiscal impact to the Town for review of easement dedications, agreements, or grant documents as the Town requires payment of a deposit of $3,500.00 to cover staff and consultant time. The deposit is generally not exceeded, and the remaining amount refunded, conversely, if the deposit is ever exceeded, additional funds would be requested to cover staff and consultant time. The recordation of the open space easement agreement with the County of Santa Clara requires payment of a recordation fee of $65.00.

CONCLUSION:

The open space easement dedication is consistent with the goals of the Town’s General Plan Land Use and Conservation Elements. The requirement for an open space easement over those portions of property greater than 30% slope is consistent with prior site development permit approvals. Staff recommends that the Council accept the open space easement agreement granting an open space easement to the Town at 27340 Julietta Lane.

ATTACHMENTS

1. Resolution Accepting Grant of Open Space Easement

2. Open Space Easement Agreement

3. General Plan Land Use Element Goal 2/Program 2.1

4. SD23-0055 Approval Letter
Report prepared by: Jonathan Fox, Associate Planner

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Resolution ____-24 Page 1
ITEM 8J Attachment 1
RESOLUTION _____-24

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF CHENG AND LI)
WHEREAS, Jason Cheng and Michelle Li (“Owner”) own the property commonly known as 27340 Julietta Lane, Los Altos Hills, California (APN 182-23-013); and WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept grants of open space easements on privately owned lands lying within the Town; WHEREAS, the Owner has offered to enter into an agreement for open space easement attached to this Resolution as Attachment A (“Agreement for Open Space Easement”) to limit the use of a portion of the property in order to reduce potential adverse impacts on such land including grading, vegetation removal, and erosion;
WHEREAS, the Town finds the Agreement for Open Space Easement to be consistent with the Town’s General Plan and in the best interests of the Town; WHEREAS, the Owner and the Town recognize that the land subject to the Agreement for Open Space Easement is essentially unimproved and if retained in its natural state has substantial scenic value to the public and that the preservation of such land as open space constitutes an important physical, social, aesthetic and economic asset to the Town and the Owner; WHEREAS, the Agreement for Open Space Easement contains the appropriate restrictions and covenants to preserve the natural and scenic character of the land; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby accepts on behalf of the public, and for the purposes therein described, the Agreement for Open Space Easement attached to this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute the Agreement for Open Space Easement.

The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21st day of November, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

BY: _______________________________
Stanley Q. Mok, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk

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ITEM 8J Attachment 2

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Adopted May 8, 2008
Land Use Element
Los Altos Hills General Plan
Page LU-9
GOAL 2
Ensure that all development occurs in a manner that
minimizes disturbance of natural terrain, vegetation and wildlife, and maximizes the preservation of natural resources and open space.

Policy 2.1 Within incorporated Los Altos Hills and its sphere of influence dwelling types shall be limited to single-family detached residences, which may include a single secondary unit.

Policy 2.2 Residential densities shall be guided by considerations of topography, vegetative cover and significant physical limitations inherent in the natural environment.

Policy 2.3 The minimum parcel size shall be at least one acre and shall increase as the steepness of the land increases.

Policy 2.4 In subdividing land, the number of dwelling units permitted shall decrease as the steepness of the land increases.

Policy 2.5 Steep slopes, canyons and ravines generally in excess of 30% slope, as well as natural swales and drainage channels, and geologic hazard areas within areas designated for residential development shall be left undisturbed and preserved in their natural condition to the maximum extent feasible.

Policy 2.6 Limits on the development of individual residential lots shall be determined based on evaluation of such factors as natural vegetation, topographic characteristics, soils and geology.

Policy 2.7 The natural character of ridgelines shall be preserved to the maximum extent feasible.

Policy 2.8 Promote the use of green building methods and practices in the planning, design, construction, renovation, operations, and demolition of buildings.

Policy 2.9 The Town shall encourage the installation of drought-tolerant landscaping and other methods of reducing water use for landscaping.

Program 2.1 Continue to require the dedication of open space easements where appropriate as a condition of approval for new development. Each parcel shall be evaluated on a case-by-case basis during the site development review process to determine whether an open space easement should be required, based on the extent of steep slopes generally in excess of 30% slope and the presence of heritage oak trees and/or creek corridors.

Other considerations shall include the size of the proposed open space easement, its contiguity with existing open space easements, and whether the property is located within an Open Space Conservation Area.

ITEM 8J Attachment 3

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26379 Fremont Road Los Altos Hills California 94022 Phone (650) 941-7222 Fax: (650) 941-3160 May 28, 2024
Behdad Bolouhar
[email protected]
*EMAIL ONLY
RE: Swimming Pool, Vehicle Gate, Hardscape Improvements 27340 Julietta Lane
File #SD23-0055
Dear Property Owner:

Thank you for submitting plans for a Site Development Permit for a swimming pool at 27340 Julietta Lane, Los Altos Hills. Your request for a Site Development Permit for the above referenced project was approved by the Community Development Director at the May 28, 2024 Site Development Meeting. The approval is subject to the following conditions:

PLANNING:

1. No other modifications to the approved plans received May 16, 2024 are allowed except as otherwise first reviewed and approved by the Community Development Director or the Planning Commission, depending on the scope of the changes.

2. All conditions of approval shall be printed on plans submitted for building permit plan check.

3. The project is subject to the Town’s Construction Time Limit Ordinance (Chapter 10, Title VIII of the Municipal Code). The maximum time for completion of the swimming pool shall be 12 months from the date of Building Permit issuance. Failure to complete the project in the allotted time may result in substantial penalties and fees.

4. Exterior lighting is approved as shown on the plans and modified by the following conditions. All exterior lighting fixtures shall be down directed or shielded non-movable fixtures. Light fixtures shall not exceed color temperature of 3000K and emit no more than 600 lumens. No lighting may be placed within setbacks except two driveway or entry lights. a. Prior to building permit issuance, the property owner shall revise the construction drawings to (1) identify the removal of LED strip lights at the swimming pool and (2) identify a maximum of four (4) light fixtures at the swimming pool (including ITEM 8J Attachment 4

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Approval Letter – Swimming Pool
File #SD23-0055
May 28, 2024

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spa). Light fixtures shall comply with the type, quantity, location, and orientation stipulated by the Town’s Outdoor Lighting Policy.
b. Prior to building permit issuance, the property owner shall revise the construction drawings to identify manufacturer specifications for each selected exterior light fixture and specifically callout the maximum lumens and kelvin for compliance with the Town’s Outdoor Lighting Policy.

5. Prior to building permit issuance, the property owner shall revise the construction drawings (Sheet LA 3.0 Planting Layout) to replace the proposed Eastern Redbuds with two (2) 24” box CA native evergreen trees in the same location for review and approval by Community Development Department staff.

6. Prior to building permit issuance, the property owner shall provide an engineered design or manufacturer specifications for the proposed driveway material for review and approval by Community Development Department staff. The intent of this condition is to ensure that the selected driveway material qualifies for a 25% development area credit for permeable pavers.

7. Prior to building permit issuance, the property owner shall identify a minimum 50-foot setback to the centerline of Julietta Lane for the proposed 4’-6” solid vehicle gate for review and approval by Community Development Department staff.

8. The property owner shall grant an Open Space Easement to the Town that encompasses those slopes 30% or greater along the northern property line. The property owner shall submit a Slope Exhibit and proposed easement location for review and approval by the Open Space Committee. Native vegetation may be planted within the easement and irrigation or sprinkler systems are only permitted to establish the native vegetation.

The property owner shall provide legal description and plat exhibit(s) prepared by a licensed land surveyor and the Town shall prepare the grant document. The grant document shall be signed and notarized by the property owner and returned to the Town prior to building permit issuance.

9. Prior to beginning any grading operation, all significant trees, particularly any heritage oak trees, are to be fenced at the drip line. The fencing shall be of a material and structure (chainlink) to clearly delineate the drip line. Town staff must inspect the fencing and the trees to be fenced prior to commencement of grading. The property owner shall call for said inspection at least three days in advance of the inspection. The fencing must remain throughout the course of construction. No storage of equipment, vehicles or debris shall be allowed within the drip lines of these trees. Existing perimeter plantings shall be fenced and retained throughout the entire construction period.

10. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor shall certify in writing and state that “the location of the swimming pool and pool patio, are no less than 40’ from the front property line and 30’ from the side and rear property lines.”

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Approval Letter – Swimming Pool
File #SD23-0055
May 28, 2024

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The applicant shall submit the stamped and signed letter(s) to the Community Development Department prior to requesting a final inspection.

11. The property owner shall remove all Stinkwort from the entire property and in the road rightof-way by manual pulling or use of herbicide by September 1st of each year until the final approval of the project.

12. All construction shall comply with 2022 California Green Building Standards Code, Part 11, Title 24 mandatory measures. The property owner shall provide a 2022 CalGreen Residential Checklist demonstrating conformance with all applicable mandatory measures at time of building permit submittal.

13. All construction shall comply with Section R337 of the 2022 California Residential Code (Materials and Construction Methods for Exterior Wildfire Exposure).

14. All plants and screening trees shown on Sheet LA 3.0 and as modified by these conditions shall be installed prior to final approval of the project.

ENGINEERING DEPARTMENT

15. Any, and all, changes to the approved Grading and Drainage plan shall first be approved by the Town Engineering Department. No grading shall take place during the grading moratorium (October 1st to April 30th) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line.

16. An encroachment permit shall be obtained from the Public Works Department for all work proposed in the public right-of-way. No work within the public right-of-way shall commence without an encroachment permit.

17. Two copies of a Grading & Construction Operation plan shall be submitted by the property owner for review and approval by the City Engineer and Community Development Director two weeks prior to acceptance of plans for building plan check. The grading/construction operation plan shall address truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic safety on Julietta Lane, and surrounding roadways; storage of construction materials; placement of sanitary facilities; parking for construction vehicles; and parking for construction personnel. A debris box (trash dumpster) shall be placed on site for collection of construction debris. Arrangements must be made with the GreenWaste Recovery, Inc. for the debris box since they have a franchise with the Town and no other hauler is allowed within the Town limits.

18. The property owner shall provide the Town with high-quality color photographs of the existing conditions of the roadways and pathways two weeks prior to acceptance of plans for building plan check.

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Approval Letter – Swimming Pool
File #SD23-0055
May 28, 2024

Page 4 ends

19. All hydrant use is strictly prohibited by the Purissima Hills Water District. A permit for obtaining water for grading and construction purposes must be obtained from the Purissima Hills Water District and submitted for approval to the Town Engineering Department prior to acceptance of plans for building plan check. The permit will authorize the use of water from specific on-site or off-site water sources.

20. Two sets of a final Grading and Drainage plan shall be submitted for review and approval by the Engineering Department. Final drainage and grading shall be inspected by the Engineering Department and any deficiencies corrected to the satisfaction of the Engineering Department.

21. Two copies of an Erosion and Sediment Control plan shall be submitted for review and approval by the Engineering Department. The contractor and the property owner shall comply with all appropriate requirements of the Town's NPDES permit relative to grading and erosion/sediment control.

22. Two copies of a Construction Best Management Practices plan (BMPs) shall be submitted for review and approval by the Engineering Department.

23. The Engineer of Record shall observe the installation of the drainage system, construction of the energy dissipators, and completion of the grading activities and state that items have been installed and constructed per the approved plans. A stamped and signed letter shall be prepared and submitted to the Town prior to final inspection.

24. All areas on the site that have the native soil disturbed shall be protected for erosion control during the rainy season and shall be replanted prior to final inspection.

25. 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.

Project approval may be appealed if done so in writing within 21 days of the date of the approval.

Please refer to the Conditions of Project Approval set forth herein. If you believe that these Conditions impose any fees, dedications, reservation or other exactions under the California Government Code Section 66000, you are hereby notified that these Conditions constitute written notice of a statement of the amount of such fees, and/or a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest such fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

Upon completion of the construction, a final inspection shall be required to be set with the Planning and Engineering Departments two weeks prior to final building inspection approval.

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Approval Letter – Swimming Pool
File #SD23-0055
May 28, 2024

Page 5 ends

NOTE: The Site Development permit is valid for one year from the approval date. All required building permits must be obtained within that year and work on items not requiring a building permit shall be commenced within one year and completed within two years.

I can be contacted at (650) 559-2243 or by e-mail at [email protected] if you have any questions regarding these conditions. Thank you.

Sincerely,
Jonathan Fox
Associate Planner

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ITEM 8K Staff Report
TOWN OF LOS ALTOS HILLS November 21, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION ACCEPTING AN OPEN SPACE EASEMENT AT 13871 ROBLEDA ROAD; LANDS OF SWAROOP; FILE #SD24-0007
FROM: Jay Bradford, Interim Community Development Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt a Resolution (Attachment 1) accepting the grant of an open space easement at 13871 Robleda Road; Lands of Swaroop.

BACKGROUND:

The subject property is a 1.2-acre lot with an average slope of 3.1%. Access to the site is provided by Robleda Road, a public street. The property is relatively flat resulting in a LUF of 1.2 and a maximum development area (MDA) of 18,060 square feet and maximum floor area (MFA) of 7,224 square feet. An application for site development permit for a new residence and accessory dwelling unit was submitted to the Town on March 4, 2024, and approved at Fast Track by the Community Development Director on July 16, 2024.

DISCUSSION:

The dedication of an open space easement was required as a condition of approval for the new residence and associated improvements that was approved by the Community Development Director on July 16, 2024 (File #SD24-0007). The dedication is pursuant to General Plan Land Use Element Program 2.1 (Attachment 3) which states, “Continue to require the dedication of open space easements where appropriate as a condition of approval for new development”. The easement area, which is 4,376 square feet or 0.10 acres in size, includes portions of the property adjacent to a creek.

ENVIRONMENTAL REVIEW:

The open space easement dedication qualifies for the commonsense exemption outlined in CEQA Guidelines Section 15061(b)(3), as it can be found with certainty that the activity in question is not a project and, therefore, not subject to the provisions of CEQA. 2024-25 CITY COUNCIL WORK PLAN:

This is not part of the 2024-25 City Council Work Plan as easement dedications are, depending on applicability, part of the standard site development approval process.

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City Council Page 2
13871 Robleda Road
November 21, 2024
FISCAL IMPACT:

There is no fiscal impact to the Town for review of easement dedications, agreements, or grant documents as the Town requires payment of a deposit of $3,500.00 to cover staff and consultant time. The deposit is generally not exceeded, and the remaining amount refunded, conversely, if the deposit is ever exceeded, additional funds would be requested to cover staff and consultant time. The recordation of the open space easement agreement with the County of Santa Clara requires payment of a recordation fee of $65.00.

CONCLUSION:

The open space easement dedication is consistent with the goals of the Town’s General Plan Land Use and Conservation Elements. The requirement for an open space easement over those portions of property adjacent to a creek is consistent with prior site development permit approvals. Staff recommends that the Council accept the open space easement agreement granting an open space easement to the Town at 13871 Robleda Road.

ATTACHMENTS

1. Resolution Accepting Grant of Open Space Easement

2. Open Space Easement Agreement

3. General Plan Land Use Element Goal 2/Program 2.1

4. SD24-0007 Approval Letter
Report prepared by: Jonathan Fox, Associate Planner

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Resolution ____-24 Page 1
Item 8K Attachment 1
RESOLUTION ____-24

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF SWAROOP)
WHEREAS, Bhagwat and Moneesha Swaroop (“Owner”) own the property commonly known as 13871 Robleda Road, Los Altos Hills, California (APN 175-23-047); and WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept grants of open space easements on privately owned lands lying within the Town; WHEREAS, the Owner has offered to enter into an agreement for open space easement attached to this Resolution as Attachment A (“Agreement for Open Space Easement”) to limit the use of a portion of the property in order to reduce potential adverse impacts on such land including grading, vegetation removal, and erosion;
WHEREAS, the Town finds the Agreement for Open Space Easement to be consistent with the Town’s General Plan and in the best interests of the Town; WHEREAS, the Owner and the Town recognize that the land subject to the Agreement for Open Space Easement is essentially unimproved and if retained in its natural state has substantial scenic value to the public and that the preservation of such land as open space constitutes an important physical, social, aesthetic and economic asset to the Town and the Owner; WHEREAS, the Agreement for Open Space Easement contains the appropriate restrictions and covenants to preserve the natural and scenic character of the land; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby accepts on behalf of the public, and for the purposes therein described, the Agreement for Open Space Easement attached to this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute the Agreement for Open Space Easement.

The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21st day of November, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

BY: _______________________________
Stanley Q. Mok, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk

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ITEM 8K Attachment 2

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Adopted May 8, 2008
Land Use Element
Los Altos Hills General Plan
Page LU-9
GOAL 2
Ensure that all development occurs in a manner that
minimizes disturbance of natural terrain, vegetation and wildlife, and maximizes the preservation of natural resources and open space.

Policy 2.1 Within incorporated Los Altos Hills and its sphere of influence dwelling types shall be limited to single-family detached residences, which may include a single secondary unit.

Policy 2.2 Residential densities shall be guided by considerations of topography, vegetative cover and significant physical limitations inherent in the natural environment.

Policy 2.3 The minimum parcel size shall be at least one acre and shall increase as the steepness of the land increases.

Policy 2.4 In subdividing land, the number of dwelling units permitted shall decrease as the steepness of the land increases.

Policy 2.5 Steep slopes, canyons and ravines generally in excess of 30% slope, as well as natural swales and drainage channels, and geologic hazard areas within areas designated for residential development shall be left undisturbed and preserved in their natural condition to the maximum extent feasible.

Policy 2.6 Limits on the development of individual residential lots shall be determined based on evaluation of such factors as natural vegetation, topographic characteristics, soils and geology.

Policy 2.7 The natural character of ridgelines shall be preserved to the maximum extent feasible.

Policy 2.8 Promote the use of green building methods and practices in the planning, design, construction, renovation, operations, and demolition of buildings.

Policy 2.9 The Town shall encourage the installation of drought-tolerant landscaping and other methods of reducing water use for landscaping.

Program 2.1 Continue to require the dedication of open space easements where appropriate as a condition of approval for new development. Each parcel shall be evaluated on a case-by-case basis during the site development review process to determine whether an open space easement should be required, based on the extent of steep slopes generally in excess of 30% slope and the presence of heritage oak trees and/or creek corridors.

Other considerations shall include the size of the proposed open space easement, its contiguity with existing open space easements, and whether the property is located within an Open Space Conservation Area.

ITEM 8K Attachment 3

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26379 Fremont Road Los Altos Hills California 94022 Phone (650) 941-7222 Fax: (650) 941-3160 July 28, 2024
Steve Collom
[email protected]
*EMAIL ONLY
RE: New Residence, Detached Covered Patio, Detached ADU 13871 Robleda Road
File #SD24-0007
Dear Applicant:

Thank you for submitting plans for a Site Development Permit for a new residence at 13871 Robleda Road, Los Altos Hills. Your request for a Site Development Permit for the above referenced project was approved by the Community Development Director at the July 16, 2024 Fast Track Meeting. The approval is subject to the following conditions:

PLANNING:

1. No other modifications to the approved plans received May 16, 2024 are allowed except as otherwise first reviewed and approved by the Community Development Director or the Planning Commission, depending on the scope of the changes.

2. All conditions of approval shall be printed on plans submitted for building permit plan check.

3. The project is subject to the Town’s Construction Time Limit Ordinance (Chapter 10, Title VIII of the Municipal Code). The maximum time for completion of the project shall be set by said policy and run from date of Building Permit issuance. Any extensions to the time for completion shall be subject to said policy. Failure to complete the project in the allotted time with approved extensions may result in substantial penalties and fees per the policy.

4. Exterior lighting is approved as shown on the plans and modified by the following conditions of approval. All exterior lighting fixtures shall be down directed or shielded non-movable fixtures. Light fixtures shall not exceed color temperature of 3000K and emit no more than 600 lumens. Any landscape lighting (path light, wall light, arbor light) is deferred to the required landscape screening application.

ITEM 8K Attachment 4

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Approval Letter – New Residence
File #SD24-0007
July 16, 2024

Page 2 ends

a. Prior to issuance of a building permit, the property owner shall submit revised construction drawings identifying a maximum of two (2) light fixtures at the covered BBQ area and a maximum of four (4) light fixtures at the covered terrace for review and approval by Community Development Department staff.

5. Prior to issuance of a building permit, the property owner shall submit revised construction drawings (Sheet A1 Site Plan) identifying a corrected “Vision Triangle” per the distance requirements in LAHMC Section 10-1.507(f)(12) for Community Development Staff review and approval.

6. Prior to issuance of a building permit, the property owner shall submit revised construction drawings (Sheet A1 Site Plan) relocating the detached ADU to allow for the retention of tree #30 for review and approval by Community Development Department staff.

7. The property owner shall grant an Open Space Easement to the Town which encompasses that 25-foot-wide area along the western property line and includes the existing Storm Drain Easement. The intent of this easement is to allow for the potential future daylighting of the buried Robleda Creek. Native vegetation may be planted within the easement and irrigation or sprinkler systems are only permitted to establish the native vegetation. The property owner shall provide legal description and plat exhibit(s) prepared by a licensed land surveyor and the Town shall prepare the grant document. An easement review deposit (per Planning Fee Schedule in effect at time of review request) shall be paid to the Town prior to review of the legal description and plat exhibit(s). The grant document shall be signed and notarized by the property owner and returned to the Town prior to building permit issuance.

8. After completion of rough framing or at least six (6) months prior to scheduling a final inspection, the applicant shall submit landscape screening and erosion control plans for review by the Site Development Committee. The application for landscape screening and erosion control shall be accompanied by the applicable fee and deposit. The plans shall be reviewed at a noticed public hearing. Attention shall be given to plantings which will be adequate to break up the view of the new residence from surrounding properties and streets.

All landscaping required for screening purposes and for erosion control (as determined by the City Engineer) must be installed prior to final inspection of the new residence. The landscape screening plan shall comply with Section 10-2.809 (water efficient landscaping) of the Los Altos Hills Municipal Code.
a. Trees #31, 32, 51, and 109 shall be retained until application of landscape screening, where then the project arborist shall reevaluate for retention or removal. b. Existing privet shall remain until application of landscape screening. c. Heritage oak trees removed as part of this development permit shall be replaced at a minimum 1:1 ratio in the landscape screening application.

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Approval Letter – New Residence
File #SD24-0007
July 16, 2024

Page 3 ends

9. A $5,000 landscape maintenance and water usage deposit shall be paid to the Town prior to final inspection of the new residence. Two years after the project has been completed, the applicant shall furnish staff with the last 12 months of water usage for the property and conduct a site inspection to ensure installed landscape screening is still present and has been adequately maintained. Inadequate maintenance of installed landscape screening and/or water usage greater than the annual usage indicated on the approved parcel water budget worksheet, may result in complete forfeiture of this deposit.

10. Prior to beginning any grading operation, all significant trees, particularly any heritage oak trees, are to be fenced at the drip line. The fencing shall be of a material and structure (chainlink) to clearly delineate the drip line. Town staff must inspect the fencing and the trees to be fenced prior to commencement of grading. The property owner shall call for said inspection at least three days in advance of the inspection. The fencing must remain throughout the course of construction. No storage of equipment, vehicles or debris shall be allowed within the drip lines of these trees. Existing perimeter plantings shall be fenced and retained throughout the entire construction period.

11. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor shall certify in writing and state that “the height of the new residence complies with the 27’ maximum structure height, measured as the vertical distance at any point from the bottom of the crawl space or basement ceiling if excavated below natural grade, to the highest part of the structure directly above (including roof materials).” The overall structure height shall be similarly certified in writing and state that “all points of the building (including chimneys and appurtenances) lie within a thirty-five (35’) foot horizontal band based, measured from the lowest visible natural or finished grade topographical elevation of the structure along the building line and the highest topographical elevation of the roof of the structure.” The applicant shall submit the stamped and signed letter(s) to the Community Development Department prior to requesting a final inspection.

12. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor shall certify in writing and state that “the location of the residence and roof eaves, are no less than 40’ from the front property line and 30’ from the side and rear property lines.” The elevation of the new residence shall be similarly certified in writing to state that “the elevation of the new residence matches the elevation and location shown on the Site Development plan.” The applicant shall submit the stamped and signed letter(s) to the Community Development Department prior to requesting a final inspection.

13. The property owner shall remove all Stinkwort from the entire property and in the road rightof-way by manual pulling or use of herbicide by September 1st of each year until the final approval of the project.

14. Roof eaves of all structures shall not encroach into the required side and rear yard setbacks.

The roof eaves shall be shown on the site and civil plans in the construction drawings.

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Approval Letter – New Residence
File #SD24-0007
July 16, 2024

Page 4 ends

15. No new fencing is approved with this site development permit. Any additional or modified fencing or gates shall require review and approval by the Community Development Department with the required landscape screening plan and prior to installation.

16. Exterior finish colors of all buildings shall have a light reflectivity value of 50 or less and roof materials shall have a light reflectivity value of 40 or less, per manufacturer specifications. All color samples shall be submitted to the Community Development Department for approval at time of submittal for building plan check. All applicable structures shall be painted in conformance with the approved color(s) prior to final inspection.

17. Skylights, if utilized, shall be designed and constructed to reduce emitted light (tinted or colored glass, or other material). No lighting may be placed within skylight wells.

18. Fire retardant roofing (Class A) is required for all new construction.

19. All space heating and water heating systems installed in new residences, detached habitable buildings, and/or projects involving a substantial remodel shall comply with Los Altos Hills Municipal Code Sections § 8-1.6.02 and § 8-1.10.02.

20. All construction shall comply with the applicable California Green Building Standards Code, Part 11, Title 24 mandatory measures in effect at the time of building permit application. The property owner shall provide a CALGreen Residential Checklist demonstrating conformance with all applicable mandatory measures at time of building permit submittal.

21. All construction shall comply with Section R337 of the 2022 California Residential Code (Materials and Construction Methods for Exterior Wildfire Exposure).

22. All properties shall pay School District fees to either the Los Altos School District or the Palo Alto Unified School District, as applicable, prior to permit issuance. The applicant shall take a copy of worksheet #2 to school district offices, pay the appropriate fees and provide the Town with a copy of the receipts.

23. Prior to requesting a final inspection, the property owner shall prune Trees #83 – 97 and other vegetation within the corrected “Vision Triangle” to a maximum height of 3 feet for shrubs and a minimum vertical clearance of 9 feet for trees. The intent of this condition is to improve visibility at the intersection of Robleda Road and Fremont Road.

ENGINEERING DEPARTMENT

24. Any, and all, changes to the approved Grading and Drainage plan shall first be approved by the Town Engineering Department. No grading shall take place during the grading moratorium (October 1st to April 30th) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line.

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Approval Letter – New Residence
File #SD24-0007
July 16, 2024

Page 5 ends

25. An encroachment permit shall be obtained from the Public Works Department for all work proposed in the public right-of-way. No work within the public right-of-way shall commence without an encroachment permit.

26. All public utility services serving the new residence and ADU shall be placed underground.

The applicant should contact PG&E immediately after issuance of building permit to start the application process for undergrounding utilities which can take up to 6-8 months.

27. The property owner shall dedicate an additional right of way easement to create a 30’ wide half-width public right of way to the Town over Robleda Road and Fremont Road. The property owner shall provide legal description and plat exhibits that are prepared by a registered civil engineer, or a licensed land surveyor and the Town shall prepare the dedication document. The dedication document, including the approved exhibits, shall be signed and notarized by the property owner and return to the Town two weeks prior to acceptance of plans for building plan check.

28. Two copies of a Grading & Construction Operation plan shall be submitted by the property owner for review and approval by the City Engineer and Community Development Director two weeks prior to acceptance of plans for building plan check. The grading/construction operation plan shall address truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic safety on Robleda Road, and surrounding roadways; storage of construction materials; placement of sanitary facilities; parking for construction vehicles; and parking for construction personnel. A debris box (trash dumpster) shall be placed on site for collection of construction debris. Arrangements must be made with the GreenWaste Recovery, Inc. for the debris box since they have a franchise with the Town and no other hauler is allowed within the Town limits.

29. The property owner shall provide the Town with high-quality color photographs of the existing conditions of the roadways and pathways two weeks prior to acceptance of plans for building plan check.

30. The property owner shall pay a pathway fee of $10,943 prior to acceptance of plans for building plan check.

31. The property owner shall be required to connect to the public sanitary sewer prior to final inspection. A sewer hookup permit shall be required by the Town’s Public Works Department prior to acceptance of plans for building plan check. An encroachment permit shall be required by the Town’s Public Works Department for all work proposed within the public right of way prior to start work.

32. Two sets of a final Grading and Drainage plan shall be submitted for review and approval by the Engineering Department. Final drainage and grading shall be inspected by the Engineering Department and any deficiencies corrected to the satisfaction of the Engineering Department.

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Approval Letter – New Residence
File #SD24-0007
July 16, 2024

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33. Two copies of an Erosion and Sediment Control plan shall be submitted for review and approval by the Engineering Department. The contractor and the property owner shall comply with all appropriate requirements of the Town's NPDES permit relative to grading and erosion/sediment control.

34. Two copies of a Construction Best Management Practices plan (BMPs) shall be submitted for review and approval by the Engineering Department.

35. The property owner shall submit an elevation certificate for the ADU to the Town that indicates the new ADU meets F.E.M.A requirements for the new construction prior to final inspection.

36. The Engineer of Record shall observe the installation of the drainage system, construction of the energy dissipators, and completion of the grading activities and state that items have been installed and constructed per the approved plans. A stamped and signed letter shall be prepared and submitted to the Town prior to final inspection.

37. All areas on the site that have the native soil disturbed shall be protected for erosion control during the rainy season and shall be replanted prior to final inspection.

38. 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.

39. The property owner shall remove all existing improvements in the new right of way easement, including existing brick wall, and all plantings, other than Heritage Oak trees, prior to final inspection.

40. The property owner shall install a crosswalk at Fremont Road and Edith Avenue prior to final inspection. The crosswalk plans shall be stamped and signed by a Traffic Engineer and submitted to the Town for review and approval.

FIRE DEPARTMENT

38. Review of this Developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits.

39. Required Fire Flow: (Letter received) The minimum require fireflow for this project is 1250 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.3]

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Approval Letter – New Residence
File #SD24-0007
July 16, 2024

Page 7 ends

40. Fire Sprinklers Required: (As noted on Sheet A1) 1. An automatic sprinkler system shall be provided throughout all new buildings and structures, other than Group R occupancies, except as follows: a. Buildings and structures not located in any Wildland-Urban Interface and not exceeding 1,200 square feet of fire area. b. Buildings and structures located in any Wildland-Urban Interface Fire Area and not exceeding 500 square feet of fire area. c. Group S-2 or U occupancies, including photovoltaic support structures, used exclusively for vehicle parking which meet all of the following: i. Noncombustible construction. ii. Maximum 5,000 square feet in building area. iii. Structure is open on not less than three (3) sides nor 75% of structure perimeter. iv. Minimum of 10 feet separation from existing buildings, or similar structures, unless area is separated by fire walls complying with California Building Code 706. d. Canopies, constructed in accordance with CBC 406.7.2, used exclusively for weather protection of vehicle fueling pads per CBC 406.7.1 and not exceeding 5,000 square feet of fire area. Sprinklers required for main house and ADU.

41. Water Supply Requirements: (As noted on Sheet A1) Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor.

Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2022 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.

42. Address identification: (As Noted on Sheet A1) New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 6 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1.

43. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp.

33. Project approval may be appealed if done so in writing within 21 days of the date of the approval.

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Approval Letter – New Residence
File #SD24-0007
July 16, 2024

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Please refer to the Conditions of Project Approval set forth herein. If you believe that these Conditions impose any fees, dedications, reservation or other exactions under the California Government Code Section 66000, you are hereby notified that these Conditions constitute written notice of a statement of the amount of such fees, and/or a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest such fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

Upon completion of the construction, a final inspection shall be required to be set with the Planning and Engineering Departments two weeks prior to final building inspection approval.

NOTE: The Site Development permit is valid for one year from the approval date. All required building permits must be obtained within that year and work on items not requiring a building permit shall be commenced within one year and completed within two years.

I can be contacted at (650) 559-2243 or by e-mail at [email protected] if you have any questions regarding these conditions. Thank you.

Sincerely,
Jonathan Fox
Associate Planner

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ITEM 8L Staff Report
TOWN OF LOS ALTOS HILLS November 21, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION ACCEPTING DEDICATION OF RIGHT-OF-WAY EASEMENT (LANDS OF SWAROOP); 13871 ROBLEDA ROAD
FROM: Jay Bradford, Interim Community Development Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt a Resolution (Attachment 1) accepting the right-of-way dedication at 13871 Robleda Road along the Robleda Road and Fremont Road frontages; Lands of Swaroop.

BACKGROUND:

The subject property is a 1.2-acre lot with an average slope of 3.1%. Access to the site is provided by Robleda Road, a public street. The property is relatively flat resulting in a LUF of 1.2 and a maximum development area (MDA) of 18,060 square feet and maximum floor area (MFA) of 7,224 square feet. An application for site development permit for a new residence and accessory dwelling unit was submitted to the Town on March 4, 2024, and approved at Fast Track by the Community Development Director on July 16, 2024.

DISCUSSION:

The dedication of a right-of-way easement was required as a condition of approval for the new residence that was approved by the Community Development Director on July 16, 2024 (File #SD24-0007). The right-of-way dedication area, which is 5,659 square feet in size, encompasses a strip of private property along the Robleda Road and Fremont Road frontages as shown on Exhibit A of the grant document included in the Resolution (Attachment 1). The right-of-way dedication is required to create a sixty-foot right-of-way in conformance with the Town’s Rightof-Way Policy adopted by the City Council on February 15, 1989, and the General Plan Circulation and Scenic Roadways Element Goal 2 which allows for requiring right-of-way dedications where existing rights-of-way are substandard.

ENVIRONMENTAL REVIEW:

The right-of-way easement dedication qualifies for the common sense exemption outlined in CEQA Guidelines Section 15061(b)(3), as it can be found with certainty that the activity in question is not a project and, therefore, not subject to the provisions of CEQA. 2024-25 CITY COUNCIL WORK PLAN:

This is not part of the 2024-25 City Council Work Plan as easement dedications are, depending on applicability, part of the standard site development approval process.

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City Council Page 2
13871 Robleda Road
November 21, 2024
FISCAL IMPACT:

There is no fiscal impact to the Town for review of easement dedications, agreements, or grant documents as the Town requires payment of a deposit of $3,500.00 to cover staff and consultant time. The deposit is generally not exceeded, and the remaining amount refunded, conversely, if the deposit is ever exceeded, additional funds would be requested to cover staff and consultant time. The recordation of the right-of-way easement dedication with the County of Santa Clara requires payment of a recordation fee of $65.00. Robleda Road and Fremont Road are both public streets and acceptance of this additional right-of-way easement is not expected to increase funding requirements for maintenance.

CONCLUSION:

The right-of-way easement dedication is consistent with the goals of the Town’s General Plan Circulation and Scenic Roadways Element and the Town’s Right-of-Way Policy. The requirement for additional right-of-way over those portions of property to create a 30-foot half-width for a 60- foot right-of-way on both streets is consistent with previous site development permit approvals.

Staff recommends that the Council accept the right-of-way easement agreement granting a rightof-way easement to the Town at 13871 Robleda Road.

ATTACHMENTS

1. Resolution Accepting Dedication of Right-of-Way Easement

2. Dedication of Right-of-Way Easement

3. General Plan Circulation and Scenic Roadways Element Goal 2

4. Right-of-Way Policy

5. SD24-0007 Approval Letter
Report prepared by: Jonathan Fox, Associate Planner

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Resolution ____-24 Page 1
ITEM 8L Attachment 1
RESOLUTION ____-24

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

ACCEPTING DEDICATION OF RIGHT-OF-WAY EASEMENT
(LANDS OF SWAROOP)
WHEREAS, Bhagwat and Moneesha Swaroop (“Owner”) own the property commonly known as 13871 Robleda Road, Los Altos Hills, California (APN 175-23-047); and WHEREAS, A Site Development Permit (SD24-0007) for a new residence was approved at duly noticed Fast Track public hearing of the Site Development Committee on July 16, 2024 with reasonable conditions of approval, including the dedication of additional right-of-way to the Town; and
WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may require and accept right-of-way dedications on privately owned lands lying within the Town; and WHEREAS, the Owner has offered to dedicate additional rights-of-way to the Town attached to this Resolution as Attachment A (“Offer of Right-of-Way Easement Dedication”) for street right-of-way purposes and incidents thereto; and
WHEREAS, the Town finds the Offer of Right-of-Way Easement Dedication to be consistent with the Town’s General Plan and in the best interests of the Town; WHEREAS, the Owner and the Town recognize that the land subject to the Offer of Right-of-Way Easement Dedication is adjacent to an existing public right-of-way and is necessary to create a 30- foot half width for the 60-foot right-of-way and is an asset to the Town and the Owner; and NOW, THEREFORE, based on the entirety of the record before it, the City Council of the Town of Los Altos Hills hereby finds that the Project qualifies for the commonsense exemption outlined in CEQA Guidelines Section 15061(b)(3), and does hereby accepts on behalf of the public, and for the purposes herein described, the Offer of Right-of-Way Easement Dedication attached to this Resolution as Exhibit A.

The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21st day of November, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

BY: _______________________________
Stanley Q. Mok, Mayor
ATTEST:
______________________________

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Resolution ____-24 Page 2
Arika Miller, City Clerk

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ITEM 8L Attachment 2

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GOAL 2
Los Altos Hills enjoys its quiet semi-rural roadways and wishes to preserve its current character.

Policy 2.1 Provide adequate space in public right-of-ways to accommodate semirural roadways, pathways, utilities, drainage, and vegetative buffers.

Policy 2.2 Through traffic should remain on non-residential thoroughfares (i.e freeways, expressways, and arterials) to the maximum extent possible.

Policy 2.3 Collectors, neighborhood connectors and local roads shall not be designed or improved to an extent that would encourage through traffic.

Policy 2.4 Cul-de-sacs and loop-type roads shall be encouraged as a means of reducing traffic.

Policy 2.5 The intensity of existing or proposed land uses shall not provide justification for widening roadway pavement widths.

Policy 2.6 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.

Policy 2.7 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.

Policy 2.8 Roadway maintenance should not interfere with pathways or drainage.

Program 2.1 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.

Program 2.2 Identify existing and desirable emergency access connections.

Circulation & Scenic Roadways Element
Los Altos Hills General Plan
Page C- 10
ITEM 8L Attachment 3

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ITEM 8L Attachment 4

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26379 Fremont Road Los Altos Hills California 94022 Phone (650) 941-7222 Fax: (650) 941-3160 July 28, 2024
Steve Collom
[email protected]
*EMAIL ONLY
RE: New Residence, Detached Covered Patio, Detached ADU 13871 Robleda Road
File #SD24-0007
Dear Applicant:

Thank you for submitting plans for a Site Development Permit for a new residence at 13871 Robleda Road, Los Altos Hills. Your request for a Site Development Permit for the above referenced project was approved by the Community Development Director at the July 16, 2024 Fast Track Meeting. The approval is subject to the following conditions:

PLANNING:

1. No other modifications to the approved plans received May 16, 2024 are allowed except as otherwise first reviewed and approved by the Community Development Director or the Planning Commission, depending on the scope of the changes.

2. All conditions of approval shall be printed on plans submitted for building permit plan check.

3. The project is subject to the Town’s Construction Time Limit Ordinance (Chapter 10, Title VIII of the Municipal Code). The maximum time for completion of the project shall be set by said policy and run from date of Building Permit issuance. Any extensions to the time for completion shall be subject to said policy. Failure to complete the project in the allotted time with approved extensions may result in substantial penalties and fees per the policy.

4. Exterior lighting is approved as shown on the plans and modified by the following conditions of approval. All exterior lighting fixtures shall be down directed or shielded non-movable fixtures. Light fixtures shall not exceed color temperature of 3000K and emit no more than 600 lumens. Any landscape lighting (path light, wall light, arbor light) is deferred to the required landscape screening application.

ITEM 8L Attachment 5

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Approval Letter – New Residence
File #SD24-0007
July 16, 2024

Page 2 ends

a. Prior to issuance of a building permit, the property owner shall submit revised construction drawings identifying a maximum of two (2) light fixtures at the covered BBQ area and a maximum of four (4) light fixtures at the covered terrace for review and approval by Community Development Department staff.

5. Prior to issuance of a building permit, the property owner shall submit revised construction drawings (Sheet A1 Site Plan) identifying a corrected “Vision Triangle” per the distance requirements in LAHMC Section 10-1.507(f)(12) for Community Development Staff review and approval.

6. Prior to issuance of a building permit, the property owner shall submit revised construction drawings (Sheet A1 Site Plan) relocating the detached ADU to allow for the retention of tree #30 for review and approval by Community Development Department staff.

7. The property owner shall grant an Open Space Easement to the Town which encompasses that 25-foot-wide area along the western property line and includes the existing Storm Drain Easement. The intent of this easement is to allow for the potential future daylighting of the buried Robleda Creek. Native vegetation may be planted within the easement and irrigation or sprinkler systems are only permitted to establish the native vegetation. The property owner shall provide legal description and plat exhibit(s) prepared by a licensed land surveyor and the Town shall prepare the grant document. An easement review deposit (per Planning Fee Schedule in effect at time of review request) shall be paid to the Town prior to review of the legal description and plat exhibit(s). The grant document shall be signed and notarized by the property owner and returned to the Town prior to building permit issuance.

8. After completion of rough framing or at least six (6) months prior to scheduling a final inspection, the applicant shall submit landscape screening and erosion control plans for review by the Site Development Committee. The application for landscape screening and erosion control shall be accompanied by the applicable fee and deposit. The plans shall be reviewed at a noticed public hearing. Attention shall be given to plantings which will be adequate to break up the view of the new residence from surrounding properties and streets.

All landscaping required for screening purposes and for erosion control (as determined by the City Engineer) must be installed prior to final inspection of the new residence. The landscape screening plan shall comply with Section 10-2.809 (water efficient landscaping) of the Los Altos Hills Municipal Code.
a. Trees #31, 32, 51, and 109 shall be retained until application of landscape screening, where then the project arborist shall reevaluate for retention or removal. b. Existing privet shall remain until application of landscape screening. c. Heritage oak trees removed as part of this development permit shall be replaced at a minimum 1:1 ratio in the landscape screening application.

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Approval Letter – New Residence
File #SD24-0007
July 16, 2024

Page 3 ends

9. A $5,000 landscape maintenance and water usage deposit shall be paid to the Town prior to final inspection of the new residence. Two years after the project has been completed, the applicant shall furnish staff with the last 12 months of water usage for the property and conduct a site inspection to ensure installed landscape screening is still present and has been adequately maintained. Inadequate maintenance of installed landscape screening and/or water usage greater than the annual usage indicated on the approved parcel water budget worksheet, may result in complete forfeiture of this deposit.

10. Prior to beginning any grading operation, all significant trees, particularly any heritage oak trees, are to be fenced at the drip line. The fencing shall be of a material and structure (chainlink) to clearly delineate the drip line. Town staff must inspect the fencing and the trees to be fenced prior to commencement of grading. The property owner shall call for said inspection at least three days in advance of the inspection. The fencing must remain throughout the course of construction. No storage of equipment, vehicles or debris shall be allowed within the drip lines of these trees. Existing perimeter plantings shall be fenced and retained throughout the entire construction period.

11. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor shall certify in writing and state that “the height of the new residence complies with the 27’ maximum structure height, measured as the vertical distance at any point from the bottom of the crawl space or basement ceiling if excavated below natural grade, to the highest part of the structure directly above (including roof materials).” The overall structure height shall be similarly certified in writing and state that “all points of the building (including chimneys and appurtenances) lie within a thirty-five (35’) foot horizontal band based, measured from the lowest visible natural or finished grade topographical elevation of the structure along the building line and the highest topographical elevation of the roof of the structure.” The applicant shall submit the stamped and signed letter(s) to the Community Development Department prior to requesting a final inspection.

12. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor shall certify in writing and state that “the location of the residence and roof eaves, are no less than 40’ from the front property line and 30’ from the side and rear property lines.” The elevation of the new residence shall be similarly certified in writing to state that “the elevation of the new residence matches the elevation and location shown on the Site Development plan.” The applicant shall submit the stamped and signed letter(s) to the Community Development Department prior to requesting a final inspection.

13. The property owner shall remove all Stinkwort from the entire property and in the road rightof-way by manual pulling or use of herbicide by September 1st of each year until the final approval of the project.

14. Roof eaves of all structures shall not encroach into the required side and rear yard setbacks.

The roof eaves shall be shown on the site and civil plans in the construction drawings.

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Approval Letter – New Residence
File #SD24-0007
July 16, 2024

Page 4 ends

15. No new fencing is approved with this site development permit. Any additional or modified fencing or gates shall require review and approval by the Community Development Department with the required landscape screening plan and prior to installation.

16. Exterior finish colors of all buildings shall have a light reflectivity value of 50 or less and roof materials shall have a light reflectivity value of 40 or less, per manufacturer specifications. All color samples shall be submitted to the Community Development Department for approval at time of submittal for building plan check. All applicable structures shall be painted in conformance with the approved color(s) prior to final inspection.

17. Skylights, if utilized, shall be designed and constructed to reduce emitted light (tinted or colored glass, or other material). No lighting may be placed within skylight wells.

18. Fire retardant roofing (Class A) is required for all new construction.

19. All space heating and water heating systems installed in new residences, detached habitable buildings, and/or projects involving a substantial remodel shall comply with Los Altos Hills Municipal Code Sections § 8-1.6.02 and § 8-1.10.02.

20. All construction shall comply with the applicable California Green Building Standards Code, Part 11, Title 24 mandatory measures in effect at the time of building permit application. The property owner shall provide a CALGreen Residential Checklist demonstrating conformance with all applicable mandatory measures at time of building permit submittal.

21. All construction shall comply with Section R337 of the 2022 California Residential Code (Materials and Construction Methods for Exterior Wildfire Exposure).

22. All properties shall pay School District fees to either the Los Altos School District or the Palo Alto Unified School District, as applicable, prior to permit issuance. The applicant shall take a copy of worksheet #2 to school district offices, pay the appropriate fees and provide the Town with a copy of the receipts.

23. Prior to requesting a final inspection, the property owner shall prune Trees #83 – 97 and other vegetation within the corrected “Vision Triangle” to a maximum height of 3 feet for shrubs and a minimum vertical clearance of 9 feet for trees. The intent of this condition is to improve visibility at the intersection of Robleda Road and Fremont Road.

ENGINEERING DEPARTMENT

24. Any, and all, changes to the approved Grading and Drainage plan shall first be approved by the Town Engineering Department. No grading shall take place during the grading moratorium (October 1st to April 30th) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line.

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Approval Letter – New Residence
File #SD24-0007
July 16, 2024

Page 5 ends

25. An encroachment permit shall be obtained from the Public Works Department for all work proposed in the public right-of-way. No work within the public right-of-way shall commence without an encroachment permit.

26. All public utility services serving the new residence and ADU shall be placed underground.

The applicant should contact PG&E immediately after issuance of building permit to start the application process for undergrounding utilities which can take up to 6-8 months.

27. The property owner shall dedicate an additional right of way easement to create a 30’ wide half-width public right of way to the Town over Robleda Road and Fremont Road. The property owner shall provide legal description and plat exhibits that are prepared by a registered civil engineer, or a licensed land surveyor and the Town shall prepare the dedication document. The dedication document, including the approved exhibits, shall be signed and notarized by the property owner and return to the Town two weeks prior to acceptance of plans for building plan check.

28. Two copies of a Grading & Construction Operation plan shall be submitted by the property owner for review and approval by the City Engineer and Community Development Director two weeks prior to acceptance of plans for building plan check. The grading/construction operation plan shall address truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic safety on Robleda Road, and surrounding roadways; storage of construction materials; placement of sanitary facilities; parking for construction vehicles; and parking for construction personnel. A debris box (trash dumpster) shall be placed on site for collection of construction debris. Arrangements must be made with the GreenWaste Recovery, Inc. for the debris box since they have a franchise with the Town and no other hauler is allowed within the Town limits.

29. The property owner shall provide the Town with high-quality color photographs of the existing conditions of the roadways and pathways two weeks prior to acceptance of plans for building plan check.

30. The property owner shall pay a pathway fee of $10,943 prior to acceptance of plans for building plan check.

31. The property owner shall be required to connect to the public sanitary sewer prior to final inspection. A sewer hookup permit shall be required by the Town’s Public Works Department prior to acceptance of plans for building plan check. An encroachment permit shall be required by the Town’s Public Works Department for all work proposed within the public right of way prior to start work.

32. Two sets of a final Grading and Drainage plan shall be submitted for review and approval by the Engineering Department. Final drainage and grading shall be inspected by the Engineering Department and any deficiencies corrected to the satisfaction of the Engineering Department.

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Approval Letter – New Residence
File #SD24-0007
July 16, 2024

Page 6 ends

33. Two copies of an Erosion and Sediment Control plan shall be submitted for review and approval by the Engineering Department. The contractor and the property owner shall comply with all appropriate requirements of the Town's NPDES permit relative to grading and erosion/sediment control.

34. Two copies of a Construction Best Management Practices plan (BMPs) shall be submitted for review and approval by the Engineering Department.

35. The property owner shall submit an elevation certificate for the ADU to the Town that indicates the new ADU meets F.E.M.A requirements for the new construction prior to final inspection.

36. The Engineer of Record shall observe the installation of the drainage system, construction of the energy dissipators, and completion of the grading activities and state that items have been installed and constructed per the approved plans. A stamped and signed letter shall be prepared and submitted to the Town prior to final inspection.

37. All areas on the site that have the native soil disturbed shall be protected for erosion control during the rainy season and shall be replanted prior to final inspection.

38. 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.

39. The property owner shall remove all existing improvements in the new right of way easement, including existing brick wall, and all plantings, other than Heritage Oak trees, prior to final inspection.

40. The property owner shall install a crosswalk at Fremont Road and Edith Avenue prior to final inspection. The crosswalk plans shall be stamped and signed by a Traffic Engineer and submitted to the Town for review and approval.

FIRE DEPARTMENT

38. Review of this Developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits.

39. Required Fire Flow: (Letter received) The minimum require fireflow for this project is 1250 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.3]

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Approval Letter – New Residence
File #SD24-0007
July 16, 2024

Page 7 ends

40. Fire Sprinklers Required: (As noted on Sheet A1) 1. An automatic sprinkler system shall be provided throughout all new buildings and structures, other than Group R occupancies, except as follows: a. Buildings and structures not located in any Wildland-Urban Interface and not exceeding 1,200 square feet of fire area. b. Buildings and structures located in any Wildland-Urban Interface Fire Area and not exceeding 500 square feet of fire area. c. Group S-2 or U occupancies, including photovoltaic support structures, used exclusively for vehicle parking which meet all of the following: i. Noncombustible construction. ii. Maximum 5,000 square feet in building area. iii. Structure is open on not less than three (3) sides nor 75% of structure perimeter. iv. Minimum of 10 feet separation from existing buildings, or similar structures, unless area is separated by fire walls complying with California Building Code 706. d. Canopies, constructed in accordance with CBC 406.7.2, used exclusively for weather protection of vehicle fueling pads per CBC 406.7.1 and not exceeding 5,000 square feet of fire area. Sprinklers required for main house and ADU.

41. Water Supply Requirements: (As noted on Sheet A1) Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor.

Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2022 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.

42. Address identification: (As Noted on Sheet A1) New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 6 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1.

43. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp.

33. Project approval may be appealed if done so in writing within 21 days of the date of the approval.

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Approval Letter – New Residence
File #SD24-0007
July 16, 2024

Page 8 ends

Please refer to the Conditions of Project Approval set forth herein. If you believe that these Conditions impose any fees, dedications, reservation or other exactions under the California Government Code Section 66000, you are hereby notified that these Conditions constitute written notice of a statement of the amount of such fees, and/or a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest such fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

Upon completion of the construction, a final inspection shall be required to be set with the Planning and Engineering Departments two weeks prior to final building inspection approval.

NOTE: The Site Development permit is valid for one year from the approval date. All required building permits must be obtained within that year and work on items not requiring a building permit shall be commenced within one year and completed within two years.

I can be contacted at (650) 559-2243 or by e-mail at [email protected] if you have any questions regarding these conditions. Thank you.

Sincerely,
Jonathan Fox
Associate Planner

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ITEM 8M Staff Report
TOWN OF LOS ALTOS HILLS November 21, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION ACCEPTING AN OPEN SPACE EASEMENT AT 23500 CAMINO HERMOSO DRIVE; LANDS OF EICHNER AND HOKENESS; FILE #SD22-0045
FROM: Jay Bradford, Interim Community Development Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt a Resolution (Attachment 1) accepting the grant of an open space easement at 23500 Camino Hermoso Drive; Lands of Eichner and Hokeness.

BACKGROUND:

The subject property is a 1.64-acre lot with an average slope of 12.65%. Access to the site is provided by Camino Hermoso Drive, a public street. The property is gently sloped resulting in a LUF of 1.55 and a maximum development area (MDA) of 21,752 square feet and maximum floor area (MFA) of 9,112 square feet. An application for site development permit for a new residence and accessory dwelling unit was submitted to the Town on June 20, 2022, and approved at Fast Track by the Community Development Director on June 18, 2024.

DISCUSSION:

The dedication of an open space easement was required as a condition of approval for the new residence and associated improvements that was approved by the Community Development Director on June 18, 2024 (File #SD22-0045). The dedication is pursuant to General Plan Land Use Element Program 2.1 (Attachment 3) which states, “Continue to require the dedication of open space easements where appropriate as a condition of approval for new development”. The easement area, which is 10,507 square feet or 0.24 acres in size, includes portions of the property greater than 30% in slope.

ENVIRONMENTAL REVIEW:

The open space easement dedication qualifies for the commonsense exemption outlined in CEQA Guidelines Section 15061(b)(3), as it can be found with certainty that the activity in question is not a project and, therefore, not subject to the provisions of CEQA. 2024-25 CITY COUNCIL WORK PLAN:

This is not part of the 2024-25 City Council Work Plan as easement dedications are, depending on applicability, part of the standard site development approval process.

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City Council Page 2
23500 Camino Hermoso Drive
November 21, 2024
FISCAL IMPACT:

There is no fiscal impact to the Town for review of easement dedications, agreements, or grant documents as the Town requires payment of a deposit of $3,500.00 to cover staff and consultant time. The deposit is generally not exceeded, and the remaining amount refunded, conversely, if the deposit is ever exceeded, additional funds would be requested to cover staff and consultant time. The recordation of the open space easement agreement with the County of Santa Clara requires payment of a recordation fee of $65.00.

CONCLUSION:

The open space easement dedication is consistent with the goals of the Town’s General Plan Land Use and Conservation Elements. The requirement for an open space easement over those portions of property greater than 30% in slope is consistent with prior site development permit approvals. Staff recommends that the Council accept the open space easement agreement granting an open space easement to the Town at 23500 Camino Hermoso Drive.

ATTACHMENTS

1. Resolution Accepting Grant of Open Space Easement

2. Open Space Easement Agreement

3. General Plan Land Use Element Goal 2/Program 2.1

4. SD22-0045 Approval Letter
Report prepared by: Jonathan Fox, Associate Planner

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Resolution ____-24 Page 1
ITEM 8M Attachment 1
RESOLUTION ____-24

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF EICHNER AND HOKENESS)
WHEREAS, Matthew Eichner and Lori Hokeness (“Owner”) own the property commonly known as 23500 Camino Hermoso Drive, Los Altos Hills, California (APN 336-37-022); and WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept grants of open space easements on privately owned lands lying within the Town; WHEREAS, the Owner has offered to enter into an agreement for open space easement attached to this Resolution as Attachment A (“Agreement for Open Space Easement”) to limit the use of a portion of the property in order to reduce potential adverse impacts on such land including grading, vegetation removal, and erosion;
WHEREAS, the Town finds the Agreement for Open Space Easement to be consistent with the Town’s General Plan and in the best interests of the Town; WHEREAS, the Owner and the Town recognize that the land subject to the Agreement for Open Space Easement is essentially unimproved and if retained in its natural state has substantial scenic value to the public and that the preservation of such land as open space constitutes an important physical, social, aesthetic and economic asset to the Town and the Owner; WHEREAS, the Agreement for Open Space Easement contains the appropriate restrictions and covenants to preserve the natural and scenic character of the land; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby accepts on behalf of the public, and for the purposes therein described, the Agreement for Open Space Easement attached to this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute the Agreement for Open Space Easement.

The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21st day of November 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

BY: _________________________________
Stanley Q. Mok, Mayor
ATTEST:
________________________________
Arika Miller, City Clerk

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ITEM 8M Attachment 2

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Adopted May 8, 2008
Land Use Element
Los Altos Hills General Plan
Page LU-9
GOAL 2
Ensure that all development occurs in a manner that
minimizes disturbance of natural terrain, vegetation and wildlife, and maximizes the preservation of natural resources and open space.

Policy 2.1 Within incorporated Los Altos Hills and its sphere of influence dwelling types shall be limited to single-family detached residences, which may include a single secondary unit.

Policy 2.2 Residential densities shall be guided by considerations of topography, vegetative cover and significant physical limitations inherent in the natural environment.

Policy 2.3 The minimum parcel size shall be at least one acre and shall increase as the steepness of the land increases.

Policy 2.4 In subdividing land, the number of dwelling units permitted shall decrease as the steepness of the land increases.

Policy 2.5 Steep slopes, canyons and ravines generally in excess of 30% slope, as well as natural swales and drainage channels, and geologic hazard areas within areas designated for residential development shall be left undisturbed and preserved in their natural condition to the maximum extent feasible.

Policy 2.6 Limits on the development of individual residential lots shall be determined based on evaluation of such factors as natural vegetation, topographic characteristics, soils and geology.

Policy 2.7 The natural character of ridgelines shall be preserved to the maximum extent feasible.

Policy 2.8 Promote the use of green building methods and practices in the planning, design, construction, renovation, operations, and demolition of buildings.

Policy 2.9 The Town shall encourage the installation of drought-tolerant landscaping and other methods of reducing water use for landscaping.

Program 2.1 Continue to require the dedication of open space easements where appropriate as a condition of approval for new development. Each parcel shall be evaluated on a case-by-case basis during the site development review process to determine whether an open space easement should be required, based on the extent of steep slopes generally in excess of 30% slope and the presence of heritage oak trees and/or creek corridors.

Other considerations shall include the size of the proposed open space easement, its contiguity with existing open space easements, and whether the property is located within an Open Space Conservation Area.

ITEM 8M Attachment 3

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