AGENDA REPORT SUMMARY

PUBLIC HEARING

Agenda Item # 8

Meeting Date: August 23, 2016 Subject: 16-GPA-01 and 16-Z-01 – Jardin Drive Annexation Prepared by: David Kornfield, Planning Services Manager—Advance Planning Reviewed by: Jon Biggs, Community Development Director Approved by: Chris Jordan, Interim City Manager Attachments: 1. Resolution No. 2016-26 2. Ordinance No. 2016-422 3. Memorandum to the Planning and Transportation Commission, dated July 21, 2016 Initiated by: Jardin Drive Property Owners Fiscal Impact: The estimated property tax revenue following annexation is $8,050 annually. The costs associated with providing City services to the subject properties is minimal. Environmental Review: This annexation is categorically exempt from the California Environmental Quality Act (CEQA) under section 15319 of the CEQA Guidelines. This category exempts the annexation of existing properties that are developed at the permitted density of either jurisdiction.

Policy Questions for Council Consideration: • Is the General Plan Land Use Map designation of Small Lot, Single-Family appropriate and

in the best public interest given the size and configuration of the lots? • Is the Zoning Map amendment to place the properties within the R1-10 District in the best

interest for the protection and/or promotion of the public health, safety, comfort, convenience, prosperity, and welfare given the surrounding zoning designations; and is such zoning in conformance with the City of Los Altos General Plan?

Summary:

• The annexation clarifies the unusual boundary between the City of Mountain View and the City of Los Altos;

• The annexation provides for more consistent public, emergency and utility services to the properties;

• The City must have land use and zoning classifications in place for the Local Agency Formation Commission to consider annexing the subject properties. The proposed

Subject: 16-GPA-01 and 16-Z-01 – Jardin Drive Annexation

August 23, 2016 Page 2

Resolution and Ordinance establish appropriate Single-Family, small-lot land use and R1-10 zoning district designations; and

• The City must also be able to serve the annexed properties. The properties proposed for annexation are already on the City’s sanitary sewer system. If approved, annexation would be contingent upon the properties switching their water service to the City’s water purveyor, contracting with the City’s waste hauler, and updating the property addresses as required by the Building Official. There will be a cost to the City to serve the properties based in the difference in property tax revenue, which will be partially or wholly offset over the years as property tax revenues rise.

Staff Recommendation: 1. Move to adopt Resolution No. 2016-26 supporting the annexation of specific properties on

Jardin Drive (2131, 2139, 2147, 2155, 2163 and 2171 and a portion of 382 Avalon Drive), applying a General Plan Pre-Land Use Designation, and amending the Los Altos General Plan Land Use Policy Map; and

2. Introduce and waive further reading of Ordinance No. 2016-422 pre-zoning certain properties on Jardin Drive to the R1-10, Single-Family District

Subject: 16-GPA-01 and 16-Z-01 – Jardin Drive Annexation

August 23, 2016 Page 3

Purpose The purpose of the annexation is twofold: to clarify the boundary between the City of Mountain View and the City of Los Altos, and to provide for more consistent public, emergency and utility services to the properties. Background At its May 24, 2016 the City Council authorized the application to consider annexation of the subject properties. Subsequently, on July 21, 2016 the Planning and Transportation Commission held a public hearing to consider the annexation including a General Plan Land Use Map amendment to establish the Small Lot, Single-Family land use and zoning map amendment to establish the R1-10, Single-Family zoning district. The Commission unanimously recommended approval of the General Plan and zoning amendments and annexation. There was no public comment except for the applicants speaking in favor of the project. Three of the subject properties have building permits for work under the jurisdiction of Mountain View. These projects exceed the City’s floor area limit and encroach into the setbacks. Legally these projects may proceed under Mountain View’s jurisdiction and may not be conditioned for changes such as to meet the Los Altos regulations. If annexed, the structures would be nonconforming to Los Altos and permitted to remain under the City’s zoning code. The memorandum to the Planning and Transportation Commission discusses the potentially nonconforming development in more detail (see Attachment 3). The property owner of 2139 Jardin Drive has volunteered to plant evergreen landscape screening along their rear property line to help mitigate the project’s privacy impacts. Discussion/Analysis The proposed annexation clarifies the city limit between Mountain View and Los Altos. Presently the six subject properties and a portion of a seventh are the only properties on the south side of Jardin Drive that are within Mountain View’s jurisdiction. The six subject properties have addressees that relate to the numbering system used in Mountain View across the street; however, the addresses appear out of sequence with the Los Altos addresses to the east and west of the subject properties. Over time the odd addresses have led to confusion with public and emergency services. According to the applicants, emergency services have been confused on occasion where emergency service providers have had difficulties locating their properties. Although the half-street in front of the six subject properties is in Mountain View’s jurisdiction, Los Altos has maintained and improved that part of the street occasionally. The subject properties are on the Los Altos sewer system but have Mountain View water and other services from Mountain View.

Subject: 16-GPA-01 and 16-Z-01 – Jardin Drive Annexation

August 23, 2016 Page 4

The Small Lot, Single-Family (10 dwellings per acre) land use designation is recommended for the subject properties since it reflects the relative density of them. The City uses the Small Lot designation for several neighborhoods or groups of properties with small lots such as in the Del Monte Avenue/Pasa Robles Avenue neighborhood, the University Avenue/Orange Avenue/Palm Avenue neighborhood, the Loraine Drive/Dolores Drive neighborhood, and eight properties on Payne Drive. Although the six subject properties on Jardin Drive are substandard in width and area, the Los Altos zoning code allows the development of legally created lots such as these (Section 14.66.030 of the Los Altos Municipal Code). The R1-10, Single-Family zoning district (Chapter 14.06 of the Los Altos Municipal Code) is recommended because it is consistent with the Small Lot General Plan land use category, has specific regulations that govern small and narrow lots such as with different setbacks and daylight plane that help ensure the health, safety and welfare of property owners and residents, and is consistent with the zoning designation of the surrounding properties. Options

1) Approve the recommended General Plan pre-land use and pre-zoning and support annexation to the Local Agency Formation Commission.

Advantages: The advantages to the City in approving the project are a more consistent

city boundary and less confusing provisions of services. The advantages to the subject property owners are more consistent services, increases in property value and more safety in emergency services as a result of clear and consistent addresses.

Disadvantages: The disadvantage in approving the project is the net cost to the City of Los

Altos to serve the subject properties. 2) Deny the General Plan land use change and pre-zoning. Advantages: The advantage to the City in denying the project is avoiding a net cost to

provide services. Disadvantages: The disadvantage to the City in denying the project is that the City’s sewer

system remains in use by another jurisdiction until such time the City of Mountain View requires disconnection.

Recommendation The staff recommends Option 1.

Resolution No. 2016-26 Page 1

ATTACHMENT 1

RESOLUTION NO. 2016-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS SUPPORTING THE ANNEXATION OF SPECIFIC PROPERTIES ON JARDIN

DRIVE, APPLYING A GENERAL PLAN PRE-LAND USE DESIGNATION, AND AMENDING THE LOS ALTOS GENERAL PLAN LAND USE POLICY MAP

WHEREAS, the City of Los Altos received an application from the property owners at

2131, 2139, 2147, 2155, 2163 and 2171 Jardin Drive and a portion of 382 Avalon Drive to detach from the City of Mountain View and annex to the City of Los Altos, which includes a General Plan Land Use Map amendment to Small-Lot, Single-Family land use and a Zoning Map amendment to the R1-10 District, referred herein as the “Project”; and

WHEREAS, on January 26, 2016 the City of Mountain View resolved to support

detachment of such properties; and WHEREAS, the City of Los Altos finds that the General Plan Land Use Map designation

of Small Lot, Single-Family is appropriate and in the best public interest given the size and configuration of the lots; and

WHEREAS, said Project is exempt from environmental review in accordance with Section 15319 of the California Environmental Quality Act Guidelines as amended (CEQA); and

WHEREAS, the Planning and Transportation Commission held a duly noticed public

hearing on the Project on July 21, 2016, and recommended approval of this Project to the City Council; and

WHEREAS, the annexation clarifies the unusual boundary between the City of Mountain

View and the City of Los Altos and provides for more consistent public, emergency, and utility services; and

WHEREAS, the General Plan and Zoning Map applications were processed in accordance

with the applicable provisions of Section 65358 of the California Government Code and Chapter 14.86 of the Los Altos Municipal Code; and

WHEREAS, the location and custodian of the documents or other materials which

constitute the record of proceedings upon the City Council’s decision are located in the Office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Altos hereby finds that each of the foregoing recitals to be true and correct and hereby resolves:

1. Authorizes the applicants to submit the appropriate detachment and annexation application with the Local Agency Formation Commission of Santa Clara County (LAFCO).

2. Applies a General Plan Pre-Land Use Designation of Small Lot, Single-Family to the subject properties.

Resolution No. 2016-XX Page 2

ATTACHMENT 1

3. Amends the Los Altos General Plan Land Use Policy Map by applying the Small Lot, Single-

Family Land Use Designation to the subject parcels delineated on the Jardin Drive – Land Use Map 16-GPA-01, attached hereto and incorporated herein by reference.

The authorization to submit the appropriate detachment and annexation application with the Local Agency Formation Commission of Santa Clara County (LAFCO) and amend the Los Altos General Plan Land Use Policy Map is subject to the following conditions:

1. Although this request for a change in organization is instituted by the owners of the subject properties, copies of all notices for detachment and annexation proceedings shall be sent to the City Clerk of the City of Los Altos;

2. That the City Clerk shall cause a certified copy of this resolution to be filed with the Executive Officer of the Local Agency Formation Commission of Santa Clara County;

3. Disconnecting water service from Mountain View Municipal and connecting to California Water Service Company; and

4. Applying for and receiving a Change of Address for each of the subject properties having a Mountain View address with the City of Los Altos Building Official; and

5. Obtaining trash hauling service from Mission Trail Waste System in accordance with the Los Altos franchise agreement.

I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed

and adopted by the City Council of the City of Los Altos at a meeting thereof on the ___ day of _____, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN:

_____________________________ Jeannie Bruins, MAYOR

Attest: _____________________________ Jon Maginot, CMC, CITY CLERK

Ordinance No. 2016-422 1

ATTACHMENT 2

ORDINANCE NO. 2016-422

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS PRE-ZONING CERTAIN PROPERTIES ON JARDIN

DRIVE TO THE R1-10, SINGLE-FAMILY DISTRICT WHEREAS, the City of Los Altos received an application from the property owners at 2131, 2139, 2147, 2155, 2163 and 2171 Jardin Drive and a portion of 382 Avalon Drive to detach from the City of Mountain View and annex to the City of Los Altos, which includes a General Plan Land Use Map amendment to Small-Lot, Single-Family land use and a Zoning Map amendment to the R1-10 District, referred herein as the “Project”;

WHEREAS, the City of Los Altos by Resolution 2016-26 finds that a General Plan Land Use Map designation of Small Lot, Single-Family is appropriate and in the best public interest given the size and configuration of the lots;

WHEREAS, the City of Los Altos finds that the Zoning Map amendment to designate the subject properties with the R1-10 District is in the best interest for the protection and/or promotion of the public health, safety, comfort, convenience, prosperity, and welfare given the surrounding zoning designations; and such zoning is in conformance with the City of Los Altos General Plan; and

WHEREAS, said Project is exempt from environmental review in accordance with Section 15319 of the California Environmental Quality Act of 1970 as amended (“CEQA”). NOW THEREFORE, the City Council of the City of Los Altos does hereby ordain as follows: SECTION 1. AMENDMENT OF CODE: the following section of the Municipal Code shall be added:

14.88.700 Zoning Map Amended A. Those properties delineated on Pre-Zoning Map 16-Z-01, attached hereto and

incorporated by reference, are hereby included in the R1-10 District. B. The zoning map is amended in accordance with the provisions of this section

and the district boundaries are so designated. SECTION 2. CONSTITUTIONALITY. If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. SECTION 3. PUBLICATION. This ordinance shall be published as provided in Government Code section 36933. SECTION 4. EFFECTIVE DATE. This ordinance shall be effective upon the commencement of the thirty-first day following the adoption date.

Ordinance No. 2016-422 2

ATTACHMENT 2

The foregoing ordinance was duly and properly introduced at a regular meeting of the City Council of the City of Los Altos held on August 23, 2016 and was thereafter, at a regular meeting held on ___________, 2016 passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN:

___________________________ Jeannie Bruins, MAYOR Attest: _______________________ Jon Maginot, CMC, CITY CLERK

TO: Planning and Transportation Commission

DATE: July 21, 2016

AGENDA ITEM# 3

FROM: David Kornfield, Planning Services Manager-Advance Plannu1g

SUBJECT: 16-GPA-01 and 16-Z-01-Jardin Drive Annexation

RECOMMENDATION

Recommend to the City Council adoption of a General Plan Amendment for a pre-land use designation to Small-Lot, Single-Family, and pre-Zoning to the Rl-10 Single-Family district, and annexation subject to the findings and conditions in the attached Resolution

BACKGROUND

At its May 24, 2016 meeting, the City Council authorized the application to consider annexing several properties with frontage on Jardin Drive. Staff referred the authorization of the application to the City Council because it includes a General Plan amendment, which may only be considered at the sole discretion of the City Council. The application includes SL'<. properties on the south side of Jardin Drive between Alicia Way and Avalon Drive, and includes a remnant of a parcel at the corner of Jardin Drive and Avalon Drive (Attachment B). The purpose of the annexation is to clarify the services and utilities for the properties and to clarify the boundary between the two cities.

In November of 2012 the property owner at 2139 Jardin Drive approached the City of Mountain View for permits to construct a second story to their residence. The Cities of City of M01.mtain View and Los Altos subsequently determined that the property-as well as the five otl1ers-was connected to City of Los Altos sanitary sewer rather than the City of Mountain View sewer. The property owner investigated correcting tl1e sewer issue and found that it was difficult to fix given the location of other utilities in the street. The property owner also approached the former Los Altos Public Works Director and former Community Development Director witl1 the idea to annex, who both supported the idea of annexation as it corrected the confusion in public utilities, clarified the provision of services including emergency services and corrected an irregularity in the City boundary. The applicants provided a letter summarizing their basis for the annexation (Attachment C).

Procedurally, to aru1ex to the City of Los Altos, the properties must receive approval from the City of Mountain View and the City of Los Altos, prior to submitting an application to the Local Agency Formation Commission (LAFCO) for a change in the city limits and the service area for both cities. In order for the Local Agency Formation Commission to approve the annexation, the City of Los Altos must have an appropriate General Plan Land Use designation and pre-zoning in place as well as a determination that it can provide the necessary city services. The Jardin Drive property owners seeking annexation will be responsible for all costs related to the processing of tl1e annexation with Lt\FCO, including staff time and application fees.

ATTACHMENT 3

On January 26, 2016 the City of Mountain View resolved to detach the subject properties from their jurisdiction (Attachment E).

For this public hearing, staff mailed a notice to the 122 surrounding property owners within 500 feet of the subject properties, placed an advertisement in the Los Altos Town Crier, and posted the meeting agenda in accordance with the Municipal Code.

DISCUSSION

General Plan Policy

The General Plan Land Use E lement Implementation Program LU 11 promotes the orderly and compatible development within the City of Los Altos planning area. This program also states that where appropriate and feasible, the City should consider annexation of adjacent lands.

From a planning perspective, staff recommends annexing the properties. The annexation would clarify the boundary and city services to the properties. The Los Altos City boundary would be adjusted to the centerline of street such that all the properties on the south side of Jardin Drive would consistently rest in the City of Los Altos. Over the years both Mo1.mtain View and Los Altos have confused the road maintenance responsibilities in front of the subject properties.

Additionally, the annexation would clarify the addresses and provision of services to the properties and result in a logical boundary between the two cities. The addresses of the subject properties have a different 111.unberi.ng system compared to the surrounding properties on the south side of Jardin Drive: they are "odd" numbers on the "even" side of the street and they a.re out of sequence. According to the applicants this has created confusion with regard to providing emergency and utility se1vice to the properties. If annexed, the properties would be required to change their addresses to fall within the established pattern along the south side of the street.

General Plan Land Use and Zoning

Usually when annexing areas the City has General Plan Land Use and zoning designations in place. Typically annexed properties are within the City's planning area and sphere of influence (e.g., the Los Altos Country Club area). Properties within our planning area but outside our City limits are planned for annexation and have land use designations and pre-zoning in place. The purpose of the General Plan land use designation is to guide development. Pre-zoning is a zoning designation that is adopted for an area but not technically effective until annexation.

For consistency with the surrounding land use and zoning pattern and staff recommends adopting the City's Single-Family, Small Lot (10 du/ net acre) land use and the Rl -10 Single-Family zoning. In accordance with the General Plan Land Use Element, the Single-Family, Small Lot land use designation provides for single-family detached homes on smaller lots. The designation allows for a maximmn density of 10 units per net acre where already subdivided. The Rl-10 zoning district is

Recommend to the Ci!) Cozmdl adoption of a General Plan Amendmentfor a pre-land use designation to Sma/1-LJJt, Single-fami!J, and pre-Zoning to the Rt-10 Single-Fami!J district, and annexation suf?ject to the findings and conditions in the attached Resolution

July 21, 2016 Page 2

the City's most compatible district for the subject parcels. The R1-10 district is the same zoning district as the surrounding parcels in the neighborhood; additionally, the R 1-10 district has regulations for nonconforming lots (discussed below).

Nonconforming Lots and Development

The properties proposed for annexation arc nonconfom1ing with regard to the required width and area in the R.1-10 district. The parcels arc 64.26 feet wide, where the minimum lot width standard is 80 feet. The parcels are 6,426 square feet .ii1 area, where the minimtm1 lot size is 10,000 square feet. The parcels conform to the minimum 100-foot lot depth with exactly 100 feet of lot depth. As legal lots of record, however, under the City's zoning regulations the properties may be developed (Section 14.66.030 of the Municipal Code).

A 19-foot wide by 100-foot deep part of tl1e parcel at 382 Avalon Drive is also included in tl1e annexation. For unknown reasons, this part was annexed to tbe City of Mountain View with the subject properties

Three of the six subject properties on Jardin Drive have permits for work from City of Mouota.in View. Should tl1ese properties annex, City of Los Altos staff has an agreement with City of Mountain View staff to allow the City of Mountain View staff to oversee their permits to conclusion. The three property's permits are swnmarized as follows:

• 2131 Jardin Drive: 755-square-foot addition to the first stoty; o Exceeds Los Altos floor area limit by 73 square feet; o Front porch encroaches into Los Altos 25-foot front yard setback;

• 2139 Jardin Drive: 243-square-foot addition to the first story, and 975-square-foot addition to the second stoty;

o Exceeds Los Altos floor area limit by 551 square feet; o West side yard setback of 5 feet does not conform to the Los Altos side yard setback

requirement of 6.4 feet; • 2163 Jardin Drive: 73-sguare-foot addition to tl1e first story; and

o Exceeds Los Altos floor area linut by 165 square feet.

The pernutted work under City of Mountain View's jurisdiction is not subject to regulation by the City of Los Altos. As part of tl1e Los J\ltos City Council's authorization of the annexation application, tl1e Los Altos City Council asked the applicants to consider ways to bring their projects into conformance witl1 the Los Altos zonii1g and design reguJations. Accordingly, each property owner met wiili staff to review tl1eir project scope and opportunities for conformance. In stafrs view, given the status of the work- all the projects are under a building permit and under construction- there are few practical alternatives to reduce the size or .increase the setbacks of such work to align with the Los Altos regulations.

Recommend to the Ciry Cound! adoption of a General Plan A mendment for a pre-land use designation to Smail-Lot, Sing!e-Fami!J, and pre-Zoning to the R1-10 Sing!e-Fami!J district, and annexation sJ1bjett to the findings and conditions in the attached Resolution

July 21, 2016 Page 3

One opportunity stood out, however, related to the two-stoty design of the 2139 Jardin Drive project. Staff met witl1 the property owner and determined that there is an opportunity to m.itigate the project's privacy impacts with landscaping. The property owner has volunteered to plant 15-gallon to 24-inch box size evergreen trees along the rear property line.

The City of Los Altos has a history of annexing neighborhoods dating back to 1953. It is not uncommon for annexed neighborhoods to contain nonconfonning development and the City of Los Altos Municipal Code addresses nonconformii1g structures in its General Provisions and Exceptions allowing for the general mau1tenance, alteration, addition, and repair of damage to such structures (Sections 14.66.040 through 14.66.070 of the Municipal Code).

Service Changes

If annexed, the SL'C J ardin Drive properties will have to change their water service provider, waste hauler and addresses. The properties are currently on the Los Altos sanitary sewer.

California Water Service Company confirmed tl1at they can provide water service to tl1e properties. Mission Trail Waste Systems is the City's franchised waste hauler who has capacity to serve the properties. City services such as Police and Fire (contracted) are of sufficient capacity to serve the additional properties with the increment1l addition. The Engineering Division determined that the half-width of Jardin Drive that would become Los Altos' responsibility is in good repair.

Revenue and Cost to the City

Generally it costs the City of Los Altos more than the revenue an individual property generates to provide services such as Police, Fire, Recreation, Municipal Service, Finance and Admiiustration. Staff estimates that if annexed, the six properties would cumulatively contribute approxin1ately $8,050 in revenue to tl1e City of Los Altos annually in the form of property and utility taxes, which averages to approximately $1,350 per parcel. According to the Finance Department, providing City services to each parcel costs the City approximately $3,200 per year on average. This is based on the City serving approxunately 11,000 parcels.

Annexation Conditions

As required by the Local Agency Formation Commission (LAFCO), the annexed properties must have City services available to serve them as well as appropriate land use and zoning in place. This annexation application includes the appropriate General Plan and zoning amendments for the single-family land use. If approved by LAFCO, this annexation would be contingent upon the following conditions:

• Disconnecting water service from Mountau1 View Mu11icipal and connect to Califo111ia Water Service Company;

Recommend to the Ci!)I Council adoption of a General Plan Amendment for a pre-land use designation to Small-Lot, Single-Fami!J, and pre-Zoning to the R1-10 Single-Fami!J district, and annexation subject to the .findings and conditions in the attached Resolution

July 21, 2016 Page4

• Applying for and receiving a Change of Address with the City of Los Altos Building Official; and

• Obtaining trash hauling se1vice from Mission Trail Waste System in accordance with the Los Altos franchise agreement.

The City can only impose conditions of annexation related to providing appropriate se1vice to the properties. Conditions related to providing landscape screening or addressing other concerns related to development under the City of Mountain View's jurisdiction and approved permits are voluntary.

Environmental Review

This annexation is categorically exempt from the California Environmental Quality J\ct under section 15319. This category exempts the annexation of existing properties that are developed at the permitted density of either jurisdiction.

Attachments: A. Resolution 2016-JG"{ B. Parcel Map of Properties to be Annexed C. Application and Letter D . Area, Vicinity and Notification Maps E. City of Mountain View Council Report, dated January 26, 2016

Recommend to the City Cound/ adoption of a General Plan Amendment for a pre-land use designation to Small-Lot, Single-Fami/y, and pre-Zoning to the R1-10 Single-Fami/y district, and annexation wiject to the findings and conditions in the attached Resoltttion

July 21, 2016 Page 5

ATTACHMENT A

RESOLUTION NO. 2016-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS FOR GENERAL PLAN LAND USE AND ZONING MAP PRE-LAND USE AND PRE­

ZONING AMENDMENTS AND SUPPORT OF ANNEXING SPECIFIC PROPERTIES ON JARDIN DRIVE

WHEREAS, the City of Los Altos received an application from the property owners at 2131, 2139, 2147, 2155, 2163 and 2171 Jardin Drive to detach from the City of Mountain View and annex to the City of Los Altos, which includes a General Plan Land Use Map amendment to Small­Lot, Single-Family land use and a Zoning Map amendment to the Rl -10 District, referred herein as the "Project''; and

WHEREAS, on January 26, 2016 the City of Mountain View resolved to support detachment of such properties; and

WHEREAS, the City of Los Altos finds that the General Plan Land Use Map designation of Small Lot, Single-Family is appropriate and in the best public interest given the size and configuration of the lots; and

WHEREAS, the City of Los Altos finds that the Zoning Map amendment to designate the subject properties with the Rl-10 District is in the best interest for the protection and/ or promotion of the public health, safety, comfort, convenience, prosperity, and welfare given the surrounding zoning designations; and such zoning is in confo1mance with the City of Los Altos General Plan ; and

WHEREAS, said Project is exempt &om environmental review in accordance with Section 15319 of the California Environmental Quality Act of 1970 as amended ("CEQA"); and

WHEREAS, the Planning Commission held a duly noticed public hearing on the Project on July 21, 2016, and recommended approval of the Project; and

WHEREAS, the annexation clarifies the unusual boundary between the City of Mountain View and the City of Los Altos and provides for more consistent public, emergency and utility setvices; and

WHEREAS, the General Plan and Zoning Map applications were processed in accordance with the applicable ptovisions of Section 65358 of the California Government Code and Chapter 14.86 of the Los Altos Municipal Code; and

WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon the City Council's decision are located in the Office of the City Clerk.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby supports the annexation of the subject properties as shown on the attached Exhibits and is contingent upon meeting the following conditions of approval:

1. Disconnecting water service from Mountain View Municipal and connecting to California Water Service Company;

2. Applying for and receiving a Change of Address with the City of Los Altos Building Official; and

3. Obtaining trash hauling service from Mission Trail Waste System in accordance with the Los Altos franchise agreement.

I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the _ day of __ , 2016 by the following vote:

AYES: NOES: ABSENT: ABSTAIN:

Jeannie Bruins, MAYOR Attest:

Jon Maginot, CITY CLERK

Resolution No. 2016-XX Page 2

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CITY OF LOS ALTOS

GENERAL APPLICATION

Type of Review Requested: (Check all boxes that apply)

One-Story Desien Review Cmu'merdal/Multi-Family Two-Storv Desit?n Review Siru Permit Variance Use Permit ' Lot Line Adiustment Tenantl]JJ.provement Tentative Mab/Division of Land Sidewalk Display Permit Historical Review . Preliminary Project Review ./

ATTACHMENT C

APR - 7 2016

CITY OF LOS ALTOS PLANNING

Permit# \ l OJ 1]1 Environmental Review Rezoning Rl-S Overlay General Phib/Code Amendment Anveal Other: An1'1E'.Xi\\-/ on

Project Address/Location: South Side Jardin Drive, 6 single-family detached homes

Project J>roposal/Use: Single Family Home Current Use of Property: Single Family Home

Assessor Parcel Number(s) : _S_e_e_A_t_ta_c_h_e_d _________ Site Area: _n_l_a __________ _

New Sq. Ft.: _n_l_a _____ Altered/Rebuilt Sq. Ft. :_n_l_a ____ Existing Sq. Ft. to Remain:_n_la ____ _

Total Existi~g Sq. Ft.:_n_l_a _______ Total Proposed Sq. Ft. (including basemcnt):_n_la ______ _

ls the site fully accessible for City Staff inspection? ~y_e_s ________________ _ _ ___ _

Applicant's Name: _S_e_e_A_tt_a_c_h_e_d ______________ ____________ _

Telephone No.:----------- Email Address:------------------­

Mailing Address:----------------------------------­

City/State/Zip Code:---------------------------------

Property Owner 's Name: _S_e_e_A_tt_a_c_h_e_d __________________________ _

Telephone No.:----------- Email Address:------------------­

Mailing Address:----------------------------------­

City/State/Zip Code:----------------------------------

Architect/Designer's Name: _n_l_a ____________________________ _

Telephone No.:-----------Email Address:------------------­

Mailing Address :--------------- -------------------­

City/State/Zip Code: ----------------------------------

* I/your project includes complete or partial de1110/itio11 of an existi11g reside11ce or commercial building, a de1110/itiv11 p ermit 11111st be issued and jina!ed prior to obtaining your b11ildi11g permit. Please contact the Building Division for a de111olitio11 package. *

(continued 011 back) 16-GPA-01 and 16-Z-01

Mr. David Kornfield

Planning Services Manager

City of Los Altos

City Hall

1 North San Antonio Road

Los Altos, CA 94022 (650) 94 7 -2632

APR - 7 2016

CITY OF LOS ALTOS PLANNING

RE: REQUEST FOR UPDATE TO GENERAL PLAN AND ANNEXATION BY LOS ALTOS

Dear Mr. Kornfield

The intent of this letter is to provide supporting information for the attached application for annexation by Los Altos of six, single-family, detached, residential plots located on the south side of Jardin Drive.

We believe annexation by Los Altos will correct a long-standing inconsistency in the border, providing our homes with more effective services and eliminating confusion that currently exists about our addresses. This action will also clear up confusion regarding the border of the property at 382 Avalon.

The Mountain View City Council , following a recommendation by the City of Mountain View, has voted to approve detachment from Mountain View, pending annexation by Los Altos.

Three homes are currently in progress with remodeling projects: Shin Family Address: 2131 Jardin Drive

Renovation Scope: adding 755 sq. ft. to side of existing house, house remains one story. Pham Family Address: 2139 Jardin Drive

Renovation Scope: add 619.8 sq. ft . to first floor, remove 377 sq. ft. to first floor, effectively

adding 242.8 sq. ft. to first floor and adding 974.7 sq. ft. second floor

Yung Family Address: 2163 Jardin Drive

Renovation Scope: add ing 66.5 sq. ft. to the house, house remains one story.

No new substantial permit applications will be submitted by any of the homeowners to the City

of Mountain View once this annex application to City of Los Altos has been received.

Thank you for considering our application, and please contact us with any questions you have.

Letter of Intent page 1 of 2

The undersigned ( 100% of homeowners) support this action:

.,, I

';!/.-nu1 s~'7Y! ,~ Ed Mussman sGsan Yung Resident/Property Owner, 2171 Jardin Drive ResidenUProperty Owner, 2163 Jardin Drive

Stephen Fri ~man Barbara Daniels Resident/Property Owner, 2155 Jardin Drive ResidenUProperty Owner, 2147 Jardin Drive

Ha Pham Y

Resident/Property Owner, 2139 Jardin Drive Jung';1~Yu ResiC!ienUProperty Owner, 2131 Jardin Drive

~ ~ ~~~ ~~

~ APR - 7 2016

CITY or= LOS ALTOS PLANNING

Letter of Intent page 2 of 2

David l<ornfield

From:

Sent:

To:

Cc:

Subject:

Ha Pham Monday, May 09. 2016 8:50 AM David Kornfield; Jon Biggs

Stephen Friedman, Barbara Neighbor; Susan Yung, Jaewon Shin; [dward Mussman

Follow up on Jardin residents application for annexation into city of Los Altos

HI Mr Kornfield and Mr Biggs

Thank you for meeting with my neighbors at the end of last month. Unfortunately, I had work commitments that kept me away.

From my neighbors, I learned that there are concerns from Sunkist neighbors about the three active home renovation projects underway and that my project at 2139 Jardin

Drive seems to be drawing the most attention.

My understanding is that specific complaints include timing, compliance with Los Altos building codes and some sentiment that my neighbors and we are "scheming" to benefit under Mountain View codes, while disregarding the building codes of Los Altos for our

own benefit.

As a matter of fact, the timing of our annexation request is driven entirely by our ability to move through the process prescribed by the three Involved governmental agencies (LA, MV & LAFCO).

Please be aware that in November of 2012, my architect and I started project planning and diligent cooperation with Mountain View Planning staff. In 2013, we discovered that Mountain View would require us to unhook from our Los Altos sewer connection and run a new lateral line across Jardin Drive, with costs estimated to be "from $30,000 to $50,000". The project is complicated or perhaps impossible because the new lateral line would have to go over or under the existing Los Altos sanitary sewer, storm sewer, water lines and "might require a pump to even be feasible!"

After months of meetings and consideration of a host of alternatives, we finally arrived at a solution. Beginning in October, 2014, we met with and kept in constant communication with Los Altos City staff (beginning with Public Works Director Jim Gustafson). After internal meetings with James Walgren, Mr. Gustafson advised us that "annexation makes sense as It solves the sewer problem without any out-of-pocket costs by Los Altos to annex your six properties".

The plan was endorsed by Mountain View City staff and a process to change municipalities prescribed by LAFCO. All three governmental agencies met and communicated during the process. Mountain View City Council finally approved our request for Detachment in January, 2016. My building plans, and those of my two neighbors was "green lighted" as a result, and we progressed to approved building permits al long last. The timing was difficult and totally unpredictable.

As you can see, progress has been complicated and uncertain. We are happy to be able to proceed and were careful to plan a home that, while meeting all Mountain View building codes without any variance, did not exceed Los Altos code requirements described by our architect as potentially the most sensitive to neighbors. As a result, we set back the rear of our house 32 feet from the property line (Los Altos code requires 25 feet) and kept the height of our structure at 26.5 feet, below the 27 feet maximum allowed by Los Altos code.

Our plan, (and that of our two other neighbors now building), is strictly in compliance with Mountain View bui lding codes. Our finished home will include a modest 2328 Sq. feet of living space. We acknowledge that different FAR and side-yard requirements in the two cities may have us not completely in compliance with all of Los Altos codes, but none of us intentionally planned to circumvent rules or build homes out of character with the surrounding houses.

As you suggested, I have tried to open a dialog with our neighbors who seem to oppose our annexation application. Although Mr. Leon Yao has declined to meet, we have made an effort to meet with others on Sunkist, although have conversed with only one person thus far.

We are interested in pursuing a meeting with whomever wi ll meet with us and request that you assist us by hosting such a meeting. If this seems reasonable and you and Mr. Biggs support the idea, please let me know and we wi ll begin planning for such an event at the city of Los Altos offices with your cooperation.

Let me know if you have any other concerns or need more information

Lastly, I'd like to request to have this email to be included in the information package you will be preparing for Los Altos city council members, for our annexation application consideration.

Thank you very much for your ongoing cooperation. Ha Pham

2

ATTACHMENT D

AREA MAP

CITY OF LOS ALTOS

APPLICATION: 16-GPA-01 and 16-Z-01 APPLICANT: Jardin Drive Annexation SITE ADDRESS: 2131-2171 Jardin Drive

Not to Scale

VICINITY MAP

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SPARG

ALMONOAVE

CITY OF LOS ALTOS

APPLICATION: 16-GPA-01 and 16-Z-01 APPLICANT: Jardin Drive Annexation SITE ADDRESS: 2131-2171 Jardin Drive

Not to Scale

Jardin Drive Annexation 500-foot Notification Map

210 1 21 .Sl 214S 2137 2129

279 2180 215a 2\50 21'2 2134 2126 21 18 21 10 2102 20U 2076 2052

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FEET

DATE:

CATEGORY:

DEPT.:

TITLE:

ATTACHMENT E

January 26, 2016

New Business

Community Development

Detachment of Jardin Drive Properties

C1 rv OF MOUNTAIN VtE\V

RECOMMENDATION

Adopt a Resolution Supporting Detachment of 2131 Jardin Drive (APN 170-22-007), 2139 Jardin Drive (APN 170-22-006), 2147 Jardin Drive (APN 170-22-005), 2155 Jardin Drive (APN 170-22-004), 2163 Jardin Drive (APN 170-22-003), 2171 Jardin Drive (APN 170-22-002), and a Portion of 382 North Avalon Drive (APN 170-22-087), to be read in title only, further reading waived, and a determination that the detachment is categorically exempt pursuant to Section 15319 (" Annexations of Existing Facilities and Lots for Exempt Facilities") of the California Environmental Quality Act (CEQA) Guidelines (Attachment 1 to the Council report).

BACKGROUND

The owners of six properties on the south side of Jardin Drive, between Avalon Drive and Alicia Way (see Map on following page) have requested detachment from the City of Mom1tain View, with the intent to be annexed by the City of Los Altos. The property owners' reasons for the detachment are included in Attachment 2 (Property Owner Letter). The following is a summary of reasons provided by the property owners:

•

•

•

•

Delays in service deliveries, including emergency services, due to difficulty finding the properties;

Inconsistency and overlap of mtmicipal services, including sewer, sh·eet maintenance, voting precinct, and others;

Difficulty accessing the properties by garbage h·ucks; and

Confusion and inaccmacies in commonly used mapping resources (e.g., Google) .

Staff does not necessarily agree with or support all the statements in tl1e letter.

Detachment of Jardin Drive Properties January 26, 2016

Page 2 of 7

Map of Proposed Detachment Area

CREEDEN WAY

City of Mountain View

D Proposed Detachment Area

CJ Existing City Boundary

D Mountain View Parcels

n Los Altos Parcels

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Los Altos surrounds these properties on three sides. They were annexed into the City of Mountain View in 1951, shortly after properties on the north side of Jardin Drive were annexed and subdivided. In 1952 the surrounding land to the south, east, and west incorporated into Los Altos.

The following table shows a summary of the properties' current public service providers. As a part of the reorganization, staff recommends that all the services listed as Mountain View in the table would be converted to Los Altos.

Jurisdiction (provider or contract) Service (*= overlapping)

Water Police Fire/Emergency Services*

Mountain View Waste Hauling Library Animal Services Street Maintenance* Sewer

Los Altos Fire/Emergency Services* Street Maintenance*

Los Altos School District and Schools Mountain View Los Altos High School Disb:ict

Detachment of Jardin Drive Properties January 26, 2016

Page 3 o£7

ANALYSIS

There are several steps to the detachment and aimexation process. This meeting's resolution of support from the Mountain View City Council is the necessary first step. The Los Altos City Council would also need to approve the annexation, including pre­zoning and assurance of service delivery to the properties. Los Altos would then apply to Santa Clara County's Local Agency Formation Commission (LAFCO) to approve the reorganization. LAFCO' s review takes approximately two to tlu·ee months. If either Mountain View or Los Altos does not support the reorganization, it would not proceed and detachment would not occur.

In addition to changing the City boimdaries, LAFCO requires the Urban Service Areas and Spheres of Influence boundaries be adjusted. Urban Service Areas and Spheres of Influence are areas defined by cities and the county to promote orderly development between cities and at the urban fringe. For ah·eady-urbanized properties, the adjustments to Urban Service Areas and Spheres of Influence are inconsequential compared to the City boundary change.

Unique Circumstance

In staff's analysis, this area is unique for the following reasons:

•

•

•

Unanimous support. The property owners affected by the detachment support the action unanimously.

Boundary features. City boundaries that follow clear physical features can reduce confusion in service delivery. Detachment would reduce this confusion by locating the City boundary in Jardin Drive, where it is for 1,000' to the east.

Existing service inconsistency. Though they are in Mountain View, these properties are currently served by Los Altos sewer lines, while properties on the north side of Jardin Drive are served by Mountain View sewer lines.

The characteristics of this area are unique and should the Council approve, this should not be considered setting a precedent to encourage potential additional detachment requests.

Detachment of Jardin Drive Properties January 26, 2016

Page 4 of 7

Water Service

These six properties are currently served by Mountain View's municipal water system. Los Altos residents are served by a different water system, CalWater. The property owners estimate the cost to convert to CalWater to be approximately $300,000, which staff understands would be split equally between CalWater and the property owners (approximately $25,000 per household). In addition, the water service from Mountain View would need to be disco1mected, which is estimated at approximately $2,000 to $4,000 per household.

Staff recommends that the properties convert to CalWater with the reorganization. Reasons for this recommendation include the following:

•

•

•

If the properties do not convert to CalWater, they would be the only properties served by the City's municipal water system outside the Urban Service Area.

Having a small cluster of Los Altos homes being served by Motmtain View's water system would be a unique situation and potenlially create confusion for staff of Mountain View, Los Altos, and CalWater.

Service provider inconsistency is a factor in the property owners' wish to detach . Converting to CalWater would eliminate all service provider inconsistencies.

If the City Council does not require the conversion, the City may be allowed under State lawl to continue supplying water to these properties, subject to an agreement with the City of Los Altos and CalWater. However, Los Altos has indicated that they would require the properties be served by CalWater (Attachment 3-Los Altos Letter).

Los Altos Annexation

Detachment from the City of Mountain View is dependent on the City of Los Altos approving the annexation, since LAFCO would not allow creation of a County island. City of Los Altos staff have given preliminary support for the annexation, subject to approval by their cily council (Attachment 3-Los Altos Letter). Upon annexation, the properties would continue to be zoned for single-family homes.

1 Govenunent Code Section 56133(e)(1).

Detachment of Jardin Drive Properties January 26, 2016

Page 5 of 7

Several of these properties have applied for or expressed mterest in applying for permits for additions with the Mountam View Community Development Department. These additions are being reviewed under the M01rntain View Zoning Code, not the Los Altos Zonmg Code. If the reorganization is approved, it is possible that Mountain View Building Permits will be mspected for these properties in Los Altos. Staff of both cities will make arrangements for how these permits will be carried out. Staff recommends that the resolution for detachment be valid through June 2018 to allow time for these permits to be carried out.

382 North Avalon Drive

According to the County Surveyor, a 19' by 100' portion of a seventh property, 382 North Avalon Drive, was also aimexed mto the City of Mountain View, along with 2131 Jardm Drive to 2171 Jardin Drive (Attachment 4-1951 Annexation Boundary). More recent maps of both cities show this property as entirely in Los Altos; its taxation, services, and address are also consistently with Los Altos. However, no formal action moved the City boundaries to the property line. If approved, this reorganization action would provide more certainty for this property and both cities about the location of the boundary, since this area would be moved to Los Altos along with the adjacent properties.

Environmental Review

This resolution is categorically exempt from analysis under CEQA Section 15319 (" Almexations of Existing Facilities and Lots for Exempt Facilities") smce the area being detached and subsequently annexed by the City of Los Altos is built-out at the density allowed by tl1e Zonmg Ordinance with uses that are also categorically exempt. The City of Los Altos is not foreseeably likely to rezone these properties to allow more intensive development, so there is no foreseeable environmental impact.

FISCAL IMP ACT

These properties have a total assessed value of approximately $5.7 million. The City's share is approximately $9,000 p er year. If the properties were reassessed (for example, upon sale), the assessed value could increase to approximately $8 million.

The properties mcur minimal costs on City services, mcluding emergency, libra1y, stTeet maintenance, and others. This amount is trivially small, so the detachment will not result in any measurable savings. TI1erefore, detachment of these properties would result in a net fiscal loss of approximately $9,000 per year.

Detachment of JardiJ1 Drive Properties January 26, 2016

Page 6 of7

Small one-time costs result from processing the detachment, changing City databases and maps, and coordination among staff, service providers, and service partners such as the City's waste hauler and the City of Los Altos. This amount is estimated at $1,000 in staff time. The applicartts have provided funds to cover this amount.

The property owners are also expected to pay all costs of the Los Altos and LAFCO processes for annexation into Los Altos, an amount unknown at this point, but could total between $10,000 and $35,000. However, the property owners are likely to see the resale value of their homes increase if they are annexed into Los Altos.

CONCLUSION

Six property owners on Jardin Drive have requested City Council support for detachment from the City of Mountain View, with the intent to be annexed by the City of Los Altos. Both Mountain View and Los Altos must approve the action before detachment can occur.

If the City Council approves the detachment, staff recommends the properties separate from Mountain View's municipal water system and begin service by CalWater; the total cost to the owners would be about $27,000 to $29,000 each.

ALTERNATIVES

1. Do not support the request for detachment of Jardin Drive properties.

2. Adopt an alternate resolution to allow the properties to remain with the City's water system (Attachment 5-Alternate Resolution-City Water) .

3. Provide other direction.

PUBLIC NOTICING

Detach.ment of Jardin Drive Properties January 26, 2016

Page7of7

The City Council's agenda is advertised on Channel 26, and the agenda and this report appear on the City's website. All property owners within a 300' radius were sent a notice for this item.

Prepared by:

Eric Anderson Associate Planner

EA/3/CAM 899-01-26-16CR-E

Attachments: 1. Resolution-CalWater 2. Property Owner Letter 3. Los Altos Letter

Approved by:

Randal Tsuda Community Development Director

Daniel H. Rich City Manager

4. 1951 Annexation Boundary 5. Alternate Resolution-City Water

CITY OF MOUNTAIN VIEW RESOLUTION NO.

SERIES2016

Attachment 5

A RESOLUTION SUPPORTING DETACHMENT OF 2131 JARDIN DRIVE (APN 170-22-007), 2139 JARDIN DRIVE (APN 170-22-006), 2147 JARDIN DRIVE (APN 170-22-005), 2155 JARDIN DRIVE (APN 170-22-004), 2163 JARDIN DRIVE

(APN 170-22-003), 2171 JARDIN DRIVE (APN 170-22-002), AND A PORTION OF 382 NORTH AV ALON DRIVE (APN 170-22-087)

WHEREAS, there are six properties in the City of Mountain View on the south side of Jardin Drive between Avalon Drive and Alicia Way, with APNs 170-22-002, 170-22-003, 170-22-004, 170-22-005, 170-22-006, and 170-22-007, annexed as "Jardin Annexation No. 1" in October 1951; and

WHEREAS, the City of Mountain View received a request for detachment from legal owners of the above listed properties, with the intent of annexation by the City of Los Altos; and

WHEREAS, prior to its existence as a City of Los Altos property, a portion of APN 170-22-087 was annexed into Mountain View as a part of "Jardin Annexation No. 1"; and

WHEREAS, the City Council held a public hearing on January 26, 2016 on said request and received and considered all evidence presented at said hearing, including the City Council report; and

WHEREAS, a City of Mountain View resolution of support is necessary for the City of Los Altos to initiate reorganization proceedings with the Santa Clara County Local Agency Formation Commission (LAFCO);

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Ci.Ly of Mountain View determines that:

1. These properties' detachment from the City of Mountain View and annexation to the City of Los Altos would not affect the delivery of necessary services to these properties.

2. These properties' detachment from the City of Mountain View and aimexa ti.on to the City of Los Altos would not affect the delivery of necessary services to other properties in the City of Mountain View.

-1-

3. These properties' detachment from. the City of Mountain View and armexation to the City of Los Altos would not enable development or land uses incompatible with other properties in the area, since the City of Los Altos intends to zone the properties consistent with their existing zoning.

4. This action is categorically exempt from the California Environmental Quality Act (CEQA) because the properties to be detached and annexed are developed at their maxim.um density, with categorically exempt land uses (single-family homes) consistent with Seclion 15319 (" Annexations of Existing Facilities and Lots for Exempt Facilities") of the CEQA Guidelines.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Mountain View as follows:

The City Council hereby indicates its support for and does not oppose consideration of these properties' detachment from Mountain View and annexation by Los Altos, a map of which is attached hereto as Exhibit A, if the proposed reorganization is scheduled for consideration by LAFCO on or before June 30, 2018, and these properties separate from all City of Mountain View services except the municipal water system. Detachment from the City of Mountain View entails removal from the City's Sphere of Influence and Urban Service Area.

The City Council authorizes the Commmuty Development Director to prepare and/ or sign on behalf of the City of Mountain View any materials needed to complete this detachment and annexation.

EA/3/RESO 899-01-26-16r-E-1

Exhibit: A Proposed Detachment Area Map

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JARDIN DR

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c:J Mountain View Parcels

D Los Altos Parcels

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