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HomeMy WebLinkAboutItem 3.2TOWN OF LOS ALTOS HILLS February 16, 2006 Staff Report to the Planning Commission RE: SITE DEVELOPMENT PERMIT FOR SOLAR PANELS; LANDS OF GOESE; 13480 WILDCREST DRIVE; #245-05-ZP-SD. FROM: Leslie Hopper, AICP, Project Planner APPROVED BY: Carl Cahill, Planning Directory C,, RECOMMENDATION: That the Planning Commission: Approve the installation of solar panels subject to a development area credit for free-standing solar panels only, not to exceed 1% of the net lot area, based on the recommended findings and subject to the attached conditions of approval; or 2. Deny the requested permit and direct staff to develop a proposed development area policy for free-standing solar panels that can be uniformly applied to all properties. BACKGROUND The 1.897 -acre property is located on the crest of a ridgeline near the end of Wildcrest Drive. A 10,955 -sq. -ft. new residence was approved by the Planning Commission on July 14, 2005 and is currently under construction. As a condition of site development, the owner has dedicated a .57 -acre open space easement to protect the steep slopes in the southeastern portion of the property along Wildcrest Drive. Surrounding uses include single-family homes across Wildcrest Drive to the north, east, and south. A 27,000 sq. ft. new residence (Lands of Evershine) is currently under construction on the adjacent parcel to the west. CODE REQUIREMENTS As authorized under Sections 10-2.301 and 10-2.703 of the Site Development Code, this application for solar panels has been forwarded to the Planning Commission for review and approval. Criteria for review from the Site Development Code include visibility, siting, and landscape screening. Zoning Code review encompasses compliance with development area limitations. The applicant proposes to install 1,637 sq. ft. of solar panels in the southwest comer of the property, outside the open space easement and outside the setback areas. The solar panels would consist of 120 high-power modules (170 Watt) using poly -crystalline Planning Commission February 16, 2006 Page 2 photovoltaic cells. The panels would be parallel to the ground, approximately 24" above grade, and mounted on concrete piers. There would be a total of approximately 25 concrete piers that are 8" in diameter. Collectively the piers would cover a total of approximately 9 sq. ft. The proposed solar panels would be located with a southwest orientation that is ideal for system efficiency, and the system would supply 100% of the electrical power needed to operate the Goese residence and pool. The black panels would have an anti -reflection coating to reduce glare. DISCUSSION Development Area Policv Section 10-1.502(b) of the Zoning Code defines "development area" to include floor area as well as other coverage, including parking areas, patios, decks, walkways, swimming pools, tennis courts, and other surfaces comprised of artificially emplaced building materials such as paving, roofing, masonry, stone or wood. The Town's policy on Development Area and Tennis/Sports Courts, Driveways, and Pervious Surfaces (Attachment 4) states the intent of development area limitations: The purposes of limiting development area on a site are twofold: 1) to protect the natural features and rural character of the Town; and 2) to minimize runoffand erosion concerns related to construction on slopes. The Town has adopted the following policies to aid in implementing development area limitations: Policy 1. No development area credit will be granted for the use of semi- permeable materials(s) on any of the following: a. Tennis or sports courts b. Driveways c. Required parking areas d. Turnarounds e. Above -ground decks Policy 2. In other development areas, credit for the use of semi permeable materials) (grasscrete, etc.) of up to 100% may be granted depending on the permeability and the appearance of the surface. The proposed solar panels do not contribute significantly to the overall impervious surface area of the lot (only 9 sq. ft.). However, they will occupy an area of 1,637 sq. ft. and look like roofing material. The panels cannot be screened with landscaping or otherwise disguised as natural land forms. Planning Commission February 16, 2006 Page 3 Proposed Development Area Credit At the City Council meeting on October 20, 2005 the Environmental Initiatives Committee presented a proposed Energy Efficiency Ordinance intended to encourage homeowners to conserve energy and use alternative energy sources. The proposed ordinance provides a package of homeowner incentives including a photovoltaic (PV) incentive of one-to-one development area credit up to 500 sq. ft. for grid -tied PV systems. The 500 sq. ft. development area credit was based on the area of free-standing solar panels installed at the acre Town Hall property, which is 2.72 acres in size. As reflected in the meeting minutes (Attachment 5), the Council expressed concern about granting development area credits, citing potential misuse and adverse effects on steep slopes and constrained lots. Calculation of Development Area As shown on the table below, the MDA for the project is 11,049 sq. ft. and the approved new residence totals 10,955 sq. ft., leaving 94 sq. ft. available for development. Development Area (Sq. Ft. oese Residence Maximum Development Area DA 11,049 Approved new residence 10,955 Remaining MDA 94 Proposed solar panels 1,637 Footings(piers) 9 Excess development area 1,543 If fully counted as development area, without any exemptions, the 1,637 sq. ft. solar panels would exceed the MDA by 1,543 sq. ft. Planning Commission Action on 27500 La Vida Real On December 8, 2005, the Planning Commission approved a new residence at 27500 La Vida Real with 3,000 sq. ft. of free-standing solar panels. If fully counted as development area, the solar panels would exceed the MDA for the site by 2,822 sq. ft. The Planning Commission granted the applicants a development area credit of 2,822 sq. ft. based on a finding that the proposed square footage occupied less than 1% of the overall lot area and did not substantially impact the natural features and rural character of the land. (Planning Commission Meeting Minutes are included as Attachment 6.) Comparison of 13480 Wildcrest Drive and 27500 La Vida Real The two projects are similar in that both involve new residences over 6,000 sq. ft. in size, both include the dedication of open space easements, and both include the installation of more than 500 sq. ft. of solar panels. In addition, the average slope is approximately 26% for each property. The following table summarizes the site data for the two projects: Planning Commission February 16, 2006 Page 4 Comparison of Projects As shown above, the installation of solar panels exceeds the MDA by 1,543 sq. ft. and 2,822 sq. ft. respectively. The proposed free-standing solar panels cover almost 2% of the property at 13480 Wildcrest compared with 1% at 27500 La Vida Real. Neighbor Comments Black plywood has been placed on the ground at 13480 Wildcrest Drive to represent the proposed solar panels. As indicated in the letter provided in Attachment 7, Mr. Vaz Babyan at 12940 Atherton Court see the proposed panels from his property and he is concerned about their appearance. STAFF RECOMMENDATION The Environmental Initiatives Committee's proposed Energy Efficiency Ordinance recommends a 500 sq. ft. development area credit, which is roughly 1% of a one -acre lot. This is the same percentage credited in the project at 27500 La Vida Real. For the project at 13480 Wildcrest Drive, the percentage would double to 2% if approved as requested. The same percentage applied to 27500 La Vida Real would credit 6,926 sq. ft. of solar panels. A one -acre lot would be entitled to a credit of 871 sq. ft. There is no assurance that subsequent project applicants would not request even greater development area credits for freestanding solar panels. 13480 Wildcrest Goese 27500 La Vida Real alavalli Date of Approval June 14, 2005 Dec. 8, 2005 Gross Lot Area 1.897 acres 8.03 acres Net Lot Area 1.897 acres (82,328 s . ft.) 8.03 acres 349,787 sq. ft.) Open Space Easements .57 acre 30% of site 4.75 acres (59% of site Average Sloe 26.2% 25.8% Lot Unit Factor 1.238 5.314 Maximum Development Area (MDA) 11,049 sq. ft. 48,224 sq. ft. Approved MDA 10,955 sq. ft. 48,046 sq. ft. Remaining MDA +94 sq. ft. +178 sq. ft. Area of proposed solar panels 1,637 sq. ft. 1.98% of site) 3,000 sq. ft. .86% of site Excess development area 1,543 sq. ft. (1.87% of site) 2,822 sq. ft. (.81% of site Solar panels per acre 863 sq. ft. 374 sq. ft. As shown above, the installation of solar panels exceeds the MDA by 1,543 sq. ft. and 2,822 sq. ft. respectively. The proposed free-standing solar panels cover almost 2% of the property at 13480 Wildcrest compared with 1% at 27500 La Vida Real. Neighbor Comments Black plywood has been placed on the ground at 13480 Wildcrest Drive to represent the proposed solar panels. As indicated in the letter provided in Attachment 7, Mr. Vaz Babyan at 12940 Atherton Court see the proposed panels from his property and he is concerned about their appearance. STAFF RECOMMENDATION The Environmental Initiatives Committee's proposed Energy Efficiency Ordinance recommends a 500 sq. ft. development area credit, which is roughly 1% of a one -acre lot. This is the same percentage credited in the project at 27500 La Vida Real. For the project at 13480 Wildcrest Drive, the percentage would double to 2% if approved as requested. The same percentage applied to 27500 La Vida Real would credit 6,926 sq. ft. of solar panels. A one -acre lot would be entitled to a credit of 871 sq. ft. There is no assurance that subsequent project applicants would not request even greater development area credits for freestanding solar panels. Planning Commission February 16, 2006 Page 5 For this request, the Planning Commission should allow free-standing solar panels a development area credit that is proportionately consistent with development area credits already allowed for previous solar projects. Any further development area credit beyond 1% should first be studied for its potential aesthetic impacts on the Town including individual lots and emulative impacts. The development-afea-policy should -then Ire -- amended accordingly by the Planning Commission and the City Council so that staff has clear direction and can apply the same uniform standards equally to all free-standing solar panel requests. To ensure that this type of development area credit is not misused in the future, and that the proliferation of solar panels does not alter the rural character of the community, staff recommends that the development area credit for free-standing solar panels be limited to the same percentage of lot area allowed for 27500 La Vida Real (1%). For the property at 13480 Wildcrest, 1% of the lot area is 826 sq. ft. It is possible that additional solar panels could be installed on the roof if needed to supply additional power for the house. ATTACHMENTS 1. Recommended Findings of Approval 2. Recommended Conditions of Approval 3. Site Map 4. Town's Policy on Development Area and Tennis Courts, Driveways, and Pervious Surfaces 5. City Council Meeting Minutes, October 20, 2005 6. Planning Commission Meeting Minutes, December 8, 2005 7. Letter from Mr. Babayan dated February 10, 2006 8. Worksheet 42 9. Project plans and application materials Cc: Myrna Goese 13640 Burke Road Los Altos Hills, CA 94022 Brad Blackman 300 S. San Antonio Road Los Altos, CA 94022 Planning Commission February 16, 2006 Page 6 Attachment 1 RECOMMENDED FINDINGS FOR APPROVAL SITE DEVELOPMENT PERMIT FOR SOLAR PANELS LANDS OF GOESE; 13480 WILDCREST DRIVE #245-05-ZP-SD - — -- 1. The Town's Development Area Policy states that the purpose of limiting development area is to protect the natural features and rural character of the Town. Free-standing solar panels normally would be counted as development area because they are artificially emplaced building materials similar in appearance to paving or roofing material. 2. The previously approved residence at 13480 Wildcrest Drive comes close to maximizing the development area, leaving a balance of 94 sq. ft. The proposed installation of 1,637 sq. ft. of solar panels exceeds the maximum development area by 1,543 sq. ft. The 1,637 sq. ft. solar panels represent 2% of the 1.897 -ac. lot. 3. The Planning Commission previously granted a development area credit for the installation of free-standing solar panels for the new residence at 27500 La Vida Real. In that case, the free-standing solar panels represent 1% of the 8.03 -ac. lot area. 4. To balance the Town's goal of encouraging solar energy with its interest in preserving the rural character of the community, development area credits for free-standing solar panels should be limited to 1% of the lot area. Planning Commission February 16, 2006 Page 7 Attachment 2 RECOMMENDED CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT FOR SOLAR PANELS LANDS OF GOESE; 13480 WILDCREST DRIVE #245-05-ZP-SD 1. No modifications to the approved plans shall be allowed except as otherwise fust reviewed and approved by the Planning Director or the Planning Commission, depending on the scope of the changes, and the Town Engineering Department. 2. Any and all areas on the project site that have the native material disturbed shall be protected for erosion control during the rainy season and shall be replanted prior to final inspection. /TN � & � Aqa Em / p I ATTACHMENT � DEVELOPMENT AREA AND TENNIS/SPORTS COURTS, DRIVEWAYS, AND PERVIOUS SURFACES Code Sections and Desim Guidelines- Section uidelines Section 10-1.502(b) of the Zoning Code defines "development area" to include floor area as well as other coverage, including parking areas, patios, decks, walkways, swimming pools, and tennis courts, and other surfaces comprised of artificially emplaced building materials (paving, roofing, masonry, stone or wood). Page 4 of the Design Guidelines explains the relationship of development area to slope and defines development area as total floor area plus the amount of other land covered by development. Intent: The purposes of limiting development area on a site are twofold: 1) to protect the natural features and rural character of the Town; and 2) to minimize runoff and erosion concerns related to construction on slopes. The City Council finds that tennis/sports courts, driveways and parking areas appear as development regardless of the surface used, and generally require considerable land alteration to be accommodated on a site. Policy: No development credit will be granted for the use of semi -permeable material(s) on any of the following: a. Tennis or sports courts b. Driveways C. Required parking areas d. Tumarounds e. Above -ground decks 2. In other development areas, credit for the use of semi -permeable material(s) (grasscrete, etc.) of up to 100% may be granted depending on the permeability and appearance of the surface. Approved by City Council: June 21, 1995 A-2 ATTACHMENT $ Mayor Pro Tem Warshawsky suggested that the Ad -Hoc Undergrounding Committee review the option of hiring a consultant to do the work at their next meeting and he would report back to Council. Council concurred. 5.3 Update on General Plan Review Councilmember O'Malley reported that the Ad -Hoc General Plan Committee had completed the review of the introduction and were in the process of reviewing the Land Use Element. He advised that the Committee upon completion of the process would provide Council with a copy of the General Plan with its original text and highlighted recommendations. 5.4 Improvement of Cell Phone Coverage in Los Altos Hills Planning Director Carl Cahill reported that the temporary cell tower or "Cow" had been delivered to Town Hall and was being installed behind the Heritage House. Council discussed the option of having a town -wide notice (post card) being sent to residents to advise them of a general discussion regarding improving cell phone coverage in Town at the next Council meeting and seeking their input on the issue. The discussion would be in conjunction with the Public Hearing on the Verizon application for a cell tower at Westwind Barn. Council consensus was that the meeting notice would be a benefit to the residents. Council directed staff to send out a post card notice at fust class rate advising the Town residents of the Council's general policy discussion on cell phone towers located on public sites at the November 3, 2005 meeting and soliciting their comments. 5.5 Energy Efficiency Ordinance Recommendations and Swimming Pool Guidelines — Environmental Initiatives Committee Due to a potential conflict of interest because of his consulting services with a firm competing for a solar project in Town, Mayor Kerr recused himself from discussion of this item and stepped down from the dais. Councilmember Jones, Co -Council Liaison to the Environmental Initiatives Committee, introduced this item to Council. He noted that the Committee had received input from Council and the public during their previous presentation of the proposed Energy Efficiency Ordinance at the September 15, 2005 Council meeting. The Committee had refined their recommendations accordingly. Jones introduced Committee Chair Peter Evans. Evans presented a PowerPoint presentation to Council. He reviewed the Committee's revised proposal for the Energy Efficiency Ordinance that would require all new homes be EnergyStar Home certified or achieve a 15% better efficiency than basic requirements in Title 24 simulation. Photovoltaic systems would count toward the reduction. The City Council Meeting Agenda October 20, 2005 proposal included a Photovoltaic (PV) incentive of one-to-one credit up to 500ft' for grid- tied PV systems. Regarding pools, the Committee recommended solar heating or thermal cover requirements and an incentive that 500 feet of heating-integrated hardscape be excluded from MDA totals. The Committee did not support imposing any additional requirements on pool pump efficiency and believed the State regulations were sufficient. Evans explained that the revised proposal and incentives were responses to Council direction and public input during the earlier review. Evans advised that the context for the recommendations included the existing Title 24 regulations imposed by building codes and required by the Town and added that Marin, San Mateo and San Diego Counties and San Jose all had local building energy efficiency ordinances in place. The "Whole House Energy Consumption Estimate" that was proposed at the last Council meeting would require finther research. Council thanked Evans for his presentation and the Committee for their efforts in developing the framework for the Energy Efficiency Ordinance. Councils mber Jones summarized the input that the Committee had received from Council and their efforts to incorporate the comments. He offered that the new proposal was reasonable, not unduly burdensome on the residents, based on a practical standard, flexible with choices, offered incentives and would put the Town in a leadership position. Council discussion ensued. Council expressed concern with the MDA credits being used as incentives siting the potential misuse and effect on sloped/constrained lots. Planning Director Cahill offered that the incentive credit could be directed toward free standing solar arrays. OPENDED PUBLIC COMMENT Sandy Humphries, Fremont Road, suggested that a MFA credit be considered for applicants using alternative building materials. CLOSED PUBLIC COMMENT Council consensus was to establish the following requirements for the proposed energy ordinance: all new homes be EnergyStar Home certified or achieve 15% better efficiency than basic requirements in Title 24 simulation; photovoltaic systems would count toward reductions and a one-to one MDA credit with a maximum of 500 feet would be given for grid-tiered PV systems with the portion of the PV system that was used to achieve the 15% efficiency not eligible for the MDA credit. Council agreed to defer pool requirements for future consideration and directed the Committee to revisit the issue and return to Council. MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by Mordo and passed unanimously (Mayor Kerr abstained) to direct staff to move forward with a draft Energy Efficiency Ordinance as discussed. Planning Director Cahill clarified that the proposal may be drafted as amendments to several existing ordinances including building and zoning. 6 City Coancil Meeting Agenda October 20, 2005 ATTACHMENT 'r, Minutes of a Regular Meeting Approved 1/19/06 Town of Los Altos Hills PLANNING COMMISSION THURSDAY, DECEMBER 8,2005,7:00 p.m. Council Chambers, 26379 Fremont Road cc: Cassettes ( 2 ) #1-06 1. ROLL CALL AND PLEDGE OF ALLEGIANCE The regular meeting of the Planning Commission was called to order at 7:00 p.m. in the Council Chambers at Town Hall. Present: Chairman Cottrell, Commissioners Carey, Kerns, Collins & Clow Staff: Carl Cahill, Planning Director; Leslie Hopper, Project Planner; Debbie Pedro, Senior Planner; Brian Froelich; Assistant Planner; Lani Smith, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR -none 3. PUBLIC HEARINGS 3.1 LANDS OF MALAVALLI, 27500 La Vida Real (131-05-ZP-SD- GD); A request for a Site Development Permit for a 17,389 square foot two-story new residence with a 5,752 square foot basement and a new driveway, a 1,024 square foot detached accessory building, and an 867 square foot detached garden pavilion (maximum structure height 27 feet). Parcel size: 8 acres including 3.54 acres in conservation/open space easements (staff -Leslie Hopper). Planner Hopper introduced this item by reviewing the staff report, in particular, the following items: description of the project on an 8.03 acre site; background of the project including an aerial photo of the site; access to the property provided by two new driveways both of which have been counted 100% in development area; the Santa Barbara Mission style architecture; the height and visibility of the project and the lowering of the building pad as much as 8 feet in order to restore the natural grade by removing the existing fill that was used to raise the previous house; the visibility of the back of the house to the neighbors who live across the canyon; lighting which includes 22 skylights; landscape and a tree inventory including trees proposed to be removed; grading and tree protection; and connection to an existing sanitary sewer line. She further discussed the existing conservation easements (3.50 acres) on the property as well as the two new proposed open space easements (1.25 acres) all totaling 59% of the property. The Pathway Committee recommended the construction of a native path. The best route for the path would not necessarily be located within the existing easement so the Committee recommended that the easement be adjusted as necessary to be consistent with Planning Commission Minutes Approved 1/19/06 December 8, 2005 Page 2 the path. However, the applicants do not consider construction of the path to be appropriate per a report from Michele Korpos of Live Oak Associates. They are requesting that they be allowed to pay pathway fees in lieu of constructing the path. Staff, having hiked through the area, agreed that the path would be difficult to construct and maintain. She continued stating that the site plan calls for three clusters of solar panels located in the southeast comer of the site with one of the clusters in a proposed open space easement. Altogether, the solar panels would comprise approximately 3,000 square feet. This total has not been included in the development area. At this point, the solar panels are conceptual only and if they are to be installed in the proposed location it would push the project over the maximum development area. This needs to be addressed. Another item to be addressed is while restoring the natural grade by removing the existing fill there is a concern with the six (6) Heritage oaks with possible roots extending into the fill. In order to protect the oaks, they have proposed some Vee protection measures which have been incorporated into the conditions of approval recommended by the Town consulting arborist (COA #1). Planner Hopper concluded her presentation noting that there was a model of the project site available for review. Commissioner Carey clarified that during the time of reviewing the Master Path Map, the Planning Commission recommended the removal of this pathway with the City Council recommending the path to be kept. Discussion ensued regarding how a driveway was counted toward development area. Planning Director Cahill indicated that the first 100 feet from the required garage is counted. Anything beyond the first 100 feet of the required driveway is not counted. In the case where someone constructs accessory paving and driveway that is more for personal aesthetic reasons, it is counted the same as a patio or any sort of hardscape surface. Commissioner Kerns questioned the deer fence plan which appears to be for reference and will return with the landscape screening plan. Planner Hopper indicated that the deer fencing is also shown on the site plan and will be a part of this proposal tonight. For clarification, she indicated the location of the proposed deer fencing noting the areas of fence within the conservation easement which drops in height to meet the current fence ordinance. OPENED PUBLIC HEARING Kartik Patel, project architect, provided a brief history of the project. He felt that everyone would be proud of this project, not only the applicants but also the community. He discussed green architecture, architecture that is sensitive to the environment taking into account the topography, the neighbors and the surrounding neighborhood architecture. The project team was present which included the landscape architect, the environmental consultants, team arborist and also a representative from Valley Crest who will be taking care of all of the trees that have been removed when the first home was demolished and have been cared for the past year. Also present was their solar consultant as they want to make this house as efficient as possible and try to conserve energy. With the aid of a visual presentation and a full scale model of the site, Mr. Patel discussed the following: the recent lot merger; the existing and proposed conservation areas which will total close to 60% of the property; the long narrow lot Planning Commission Minutes Approved 1/19/06 December 8, 2005 Page 3 with a house placement on a flat area; the long driveway which addresses the estate type home with a drop off point at the front door of the house; the long driveway to accommodate any traffic on the site; the request for some credit for the driveway to accommodate the proposed solar panels; several gardens on the site; the Santa Barbara Mission style house with a central courtyard in the back; the proposed color palette; and the landscape design and water features. He understood that there were two neighbors who were concerned with the view of the tower element indicating the distances from each neighbor. In conclusion, Mr. Patel stated that the architecture of the house was inspired by the Santa Barbara Mission style. They felt strongly that given the geographic location, this style best fits the area. The projects will implement green architecture and energy conservation. Mr. Patel indicated that the representative from Valley Crest will be discussing the removal and transplanting of specific oak trees. Regarding the conditions of approval, they would like the Commission to review four items: (1) request to remove/clear poison oak from the current and proposed conservation easements; (2) development credit for the long driveway which will be used for the solar panels; (3) grading proposed around the oak trees asking if they would be allowed to use very light power equipment to move the dirt in the presents of an arborist. If there is evidence of significant roots, they would not grade in that area. (4) opposed to the construction of a pathway. He felt there was a major safety issue with the path as there is no good termination of the pathway once you reach Natoma Road. Natoma Road is a very steep, windy road with a blind corner at that point. This is a very dangerous area and not a good termination of the pathway. Also, it is an environmentally sensitive area needing two bridges involving the Army Corp of Engineers and the Department of Fish and Game. Also, they have not found anyone in the neighborhood who is requesting them to build the pathway. Commissioner Clow asked if the solar arrays were visible to any neighbors. Mr. Patel responded not to his understanding. The way they could find out is to erect story poles. In answering a question, he noted that the natural foot paths leading into the new conservation would be allowed as it meets the conservation easement goals. Mr. Malavalli, in discussing his dream house will make sure it is a quality house retaining the nature habitat of the area. Los Altos Hills has been their home for the last 10 years indicating it took that long to find the ideal area for their house. He does want to keep his neighbors happy. He appreciates Los Altos Hills' environmental restrictions as they want to maintain the natural environment. Dale with Valley Crest stated the company has been moving trees for the last 50 years in California. They have already moved many trees on site and have maintained them for the last year. They are all doing great. There is thought of moving two additional trees on the site which are larger than the ones already moved. It should be a successful move (the company is in the high 90% success rate). Care of a tree after it is moved is important so they maintain the trees after they are moved which could last for years. Planning Commission Minutes Approved 1/19/06 December 8, 2005 Page 4 Mr. Patel would like to try to save the existing oak trees #130 and #132 slotted for removal. Even though the approval package shows them to be eliminated they have requested that they try to save them and maintain them throughout construction and review their conditions at the end of the construction period. David Bulfer, Lucero Lane, looks down on the two properties that have been merged and has had the pleasure of meeting the applicants who care about the environment. He felt the improvements will make the site more rural. He walks every morning with his wife and he felt the proposed path was too dangerous to use. His biggest concern was the process of the construction and felt the applicants will consider the neighbors in the entire process. He voiced support of the project. De Gheest, 12133 Foothill Lane, property located across the canyon. She provided a photo of the property site as viewed from her kitchen. She explained that she will not only see the top of the roof but also a part of the walls. There will be a significant view of this property from her house as well as being an eye sore with the proposed removal of trees. She asked that if the two oak trees are removed they be replaced three to one to provide privacy to the people across the canyon. She noted that they asked for the same thing when the two lots were merged. She would also hope that the construction site would not be too visible by using a dark color fence instead of an orange fence. She also noted that the tower was very visible and one of the trees behind it is slated to be removed. Regarding the proposed solar panels, she requested that they erect orange poles prior to approval to view the full impact. Brian Macknick, 27608 Vogue Court, resident for over 22 years, spoke against the off road pathway through Deer Creek wildlife corridor as proposed due to environmental and ecological issues. He referred to the letter from Live Oak Associates regarding their findings and the value of preserving this wildlife corridor in its natural state. He also supports the efforts of the wildlife survey recently mailed out by the Town. Maintaining natural corridors will keep animals healthy and wild and minimize contact with humans allowing them to continue living in as natural state as possible. He further discussed safety, ingress and egress on this pathway which includes crossing over Natoma Road with a very narrow and tight turning road with no shoulder. He felt it was a foreseeable event that horses or people could be injured by having this path exit right onto and then cross over Natoma Road to the other path on a blind curve as presently proposed. The Town's Master Pathway Plan was just reviewed last March when the Planning Commission recommendation regarding B3.22 or Deer Creek was not to retain MPP due to erosion issues on steep ravines and redundancy to existing off road paths from Black Mountain Road. John Spar, 12121 Foothill Lane, as a new owner, he has not had time to digest the proposed application. Mark Vernon, 12119 Foothill Lane, echoed comments made by resident at 12133 Foothill Lane as he was very concerned with the removal of trees which currently helps screen the site. He felt any new plantings would not screen anything unless they were of significant height and span like the trees presently on site. He felt he needed more information regarding the Planning Commission Minutes Approved 1/19/06 December 8, 2005 Page 5 trees slated to be removed. He stated he was not strong on the pathway issue. The letter from the Town's consulting arborist had requested more information regarding the trees to be removed. Ginger Summit, 13310 Lennox Way, Chairperson of the Pathway Committee, spoke to the proposed path which is potentially a very beautiful path. She felt it was important to maintain the existing paths and increase them whenever possible. The easement exists, only requiring construction. When the Committee walked the path there was some question as to where the boundaries actually exist. She believed that the applicants were going to have the area re- surveyed to clarify the boundaries. The proposed native easement is for 5 feet however, it could be less. She did not feel it was infringing on anyone's privacy. She further discussed the flexibility where the path would exit onto Natoma Road. Discussion ensued regarding culverts and/or retaining walls made of natural material (not concrete). It would be the Committee's preference not to have the path cross the creek but to stay on one side of the creek by modifying the easements appropriately so they would not have to construct bridges. The Committee would work with the property owners and their landscape person to make it as financially reasonable as possible. Dot Schreiner, Saddle Mountain Drive, quoted from the General Plan Pathway Element adopted in 1996 staring that "the pathways system serves three basic and important function; circulation, recreation, and preservation of the open character of the Town". "Off-road paths, which connect to roadside paths or open space lands, are generally located on dedicated easements on private property (usually along property lines), through public lands, or through privately owned conservation/open space easements". She further referred to B3, off-road paths. She felt this was a very important path in Town and has been on the Master Pathway Plan forever. She hoped that the Commission would honor the commitment of all the work that has been done in the past and the decision by the Town Council that this is a path that should be in this Town. Bob Stutz, Elena Road, walked the area in the 70's. He noted that if you come in contact with poison oak you use a Borax solution for relief. Steve Kellenberger, Vogue Court, supports the pathway system but not in this case as the grade and terrain are steep. The existing easement 20 feet from the center line of the creek would put the potential path mid -way up the grade fall line. There is a severe problem with erosion with any path that is built. Privacy is also an issue. He did not feel the pathway would be used as much as those pathways already existing. Scott Vanderlip, Fremont Pines Lane, supported the path. If a bridge is built, it could service another trail connecting to Taaffe. Denise Williams, Corbetta Lane, voiced support of the path Planning Commission Minutes Approved 1/19/06 December 8, 2005 Page 6 Roger Spreen, Chairman of the Open Space Committee, was very thankful for the conservation easements on the site, thanking staff and the applicants. In general, the committee would prefer to leave an open space easement in a natural state but it is not against the terms of an open space easement to remove poison oak. Kristin Emery, 12121 Foothill Lane, new owner, asked that the trees be preserved for screening purposes. David Bulfur, Lucero Lane, asked that trees #130, 132,147 and 150 not be removed Resident at 12845 La Vida Real, has small children and takes them onto Natoma Road everyday. It is his experience that it is very dangerous on that road. Unlike other neighbors, if some trees are removed it will improve the views he use to enjoy. Mr. Patel addressed comments regarding the trees scheduled to be removed: #150, a large eucalyptus; #147, 24" box oak tree to be relocated; #130 and #132 deemed structurally unstable. These are the two trees that they would like to save. Most of the trees proposed are going to be significant in size (15'x15'x10' in height), approximately 40 specimens. Commissioner Kerns questioned tree #147 as it provides screening of the bell tower which some residents voiced concerns. He asked Mr. Patel if he was willing to keep #147 in its current location along with #130 and #132. Mr. Patel responded yes. He indicated that he had walked the site with both Bob Stutz and Les Earnest. He stated that the property line is the center line of the creek. They staked this property several times, even the 20 foot easement. It is clear that when you take the 20 feet to the center line of the creek it is impossible to build. It is clear that they will need to cross the creek in two places; bridges will need to be built. They have never been under the impression that the path would be a 2 foot trail (native path). They have been told that the Committee had the authority to go beyond the 20 foot easement but there seems to be an issue regarding the removal of poison oak within the conservation easement. There is a real conflict of basic principles of what they are trying to achieve as a community. CLOSED PUBLIC HEARING Disclosures: Chairman Cottrell, Commissioners Carey and Collins walked the site in the company of the architect. Commissioner Clow walked the site with the architect and met with two of the neighbors. Commissioner Kerns walked the site and spoke to the architect by phone. Commissioner Clow suggested separating the application and the pathway. He felt the project is beautiful. The applicants are spending approximately one million dollars moving and preserving trees which is an outstanding contribution to the community. They have areal commitment to energy efficiency with the plans for solar power. He would like to find a way to support the proposed solar power perhaps with an exception in development area. Planner Cahill suggested only counting the actual footprint of the free standing solar. Commissioner Planning Commission Minutes Approved 1/19/06 December 8, 2005 Page 7 Clow could support this suggestion. He did not feel that they would find oak tree roots in the fill area and he could support removing that fill using light machinery. The architect had indicated that tree #147 would be moved but he felt it was not intended to be removed. The residents across the valley have a real interest in keeping a tree that would shield the house from their views. He would support retaining tree #147. He does not support retaining the Eucalyptus tree. He would recommend approval of the project. Regarding the pathway, he felt that they needed to honor the process. They went through a process as a Town to create a path map. As a Commissioner he had voted against this path segment as did the other Commissioners. However, the Council voted for it. He would honor a type of path appropriate for that valley. The Gintzen path in Byrne Preserve is a good example of an appropriate path (more like a two foot wide path). Any retaining walls would be 2' x 1'0 with stake into the hillside (no concrete retaining walls). There may be a need for bridges. The idea of having a path going into the conservation easement going away from the creek where needed to make a comfortable path makes sense. He would not expect any large trees to be cut down to create this path. Commissioner Collins discussed the four points presented by Mr. Patel: (1) poison oak removal in the conservation easement (supports); (2) credit for the driveway (does not support); (3) grading, agrees to save tree #147. She thought he had it in his heart to save the other two trees. They should be able to use light equipment if they do not discover roots. (4) Pathway, the pathway was already decided upon during the Master Pathway process (honor the map). Commissioner Kerns voiced support of the application with the use of the energy efficiency (solar panels throughout the project). He also agreed that he would rather not give credit for the driveway but instead allow the construction of the solar panels. He felt trees #130, 132 & 147 should remain and shown as not being removed, making every effort to keep those trees. He also supports the use of light machinery if they determine that the roots are not substantial in that area as well as the poison oak removal. He has not been a strong advocate of off-road pathways in areas where the neighbors do not support them. He felt there was a parallel pathway on Black Mountain that essentially connects the same areas. He was very concerned with the wildlife corridor and when they had this discussion at the Planning Commission during the review of the Master Path Map it was unanimous that they did not support this pathway. Commissioner Carey supported the removal of poison oak from the conservation easement. He would allow more credit for the driveway as it is a required element for the house giving, credit for the first 100 feet and the like credit for the smaller driveway, using the available development area for the solar panels only. Regarding the grading around the oak trees, he would allow grading to be done in that area with light machinery whether or not there are roots in the fill. Grading in the area is preferable to retaining walls. He supports the retention of trees #130, 132 and 147 rather than removing those trees. Regarding the pathway, he agreed with Commissioners Clow and Collins by supporting the Master Pathway Plan. Planning Commission Minutes Approved 1/19/06 December 8, 2005 Page 8 Chairman Cottrell stated to all of the neighbors present how fortunate they were to have an applicant who cares about them and the environment and who has brought in a plan of this kind. He supports the removal of poison oak, using light equipment for the grading and trying to save trees #130, 132 and 147 and any others except the Eucalyptus tree. He also voted against the pathway last March but they do need to support the City Council. The pathway should be a nature type pathway. If there are issues when it comes time to lay it out, he suggested going back to the Pathway Committee so you end up with a path that has some common sense to it. He also supports the solar panels. MOTION SECONDED AND PASSED: Motion by Commissioner Clow and seconded by Commissioner Carey recommending that the pathway be built with the guidance that it be more of a 2 foot wide pathway rather than a 5 foot pathway something similar to the Gintzon trail in Byrne Preserve. Concrete retaining walls or large tree removal is not recommended. Two bridges may be necessary. At the applicant's discretion, they could widen the pathway easement to allow the pathway to go further away from the property line to better stay with the terrain. The actual layout of the pathway is at the applicant's discretion (construct a native path) with any needed assistance from the Pathway Committee, Lands of Malavalli, 27500 La Vida Real. AYES: Chairman Cottrell, Commissioners Collins, Carey & Clow NOES: Commissioner Kerns MOTION SECONDED AND PASSED: Motion by Commissioner Clow and seconded by Commission Kerns to approve the Site Development Permit for a new residence with partial basement, indoor swimming pool, and three detached accessory structures, Lands of Malavalli, 27500 La Vida Real, with the following additions/changes to the conditions of approval: add to the conservation easement description that the applicants are allowed to remove poison oak; exempt the solar panels from development area except for the footing area; allow light equipment for the removal of the 611; the applicants will try to save trees #130 & 132; tree #147 shall not be removed; tree #150 (Eucalyptus tree) can be removed; remove. Delete#1 (5); change #1 (6) as follows: Grading will be allowed to occur by hand, with the use of shovels, hand mattocks, hand trowels and light equipment. AYES: Chairman Cottrell, Commissioners Carey. Collins, Clow & Kerns NOES: None This approval is subject to a 23 day appeal period. Brief break at 9:30 p.m. 3.2 LANDS OF FERRELL, 26300 Silent Hills Lane (165-05-ZP); A request for an exception to Section 10-1.507(c)(5) of the Municipal Code for a six foot (6') tall brown vinyl coated chain link fence along the Silent Hills Lane frontage. The Code requires four and a half feet (4.5') tall as the maximum height permitted. The request for the exception is pursuant to Section 10-1.507(d) (staff -Brian Froelich). ATTACHMENT Date: February 10, 2006 RE: Solar Installation From: Vazgen Babayan 12940 Atherton Court Los Altos Fulls, CA 94022 (650) 948-7981 To: Town of Los Altos Hills Planning Comission, The proposed 1637 foot solar installation for property owners located at 13480 Wildcrest will impacts my property based on unsightly placed solar panels. These panels can be seen from my driveway, front door entrance, deck, pool area and one of the bedrooms. I have great concern regarding the views from these areas and am not sure the panels will enhance what I deem as existing scenic country views. Please take into consideration my point of view and in all farness the quality of my surroundings which will be affected. Sincerely, c abay�� y� RECEIVED Vazge FEB 9 9 2005 -OWN Of LOS ALTOS HILLS fOWN OF LOS ALTOS HILL— ATTACHMENT g PLANNING DEPARTMENT 26379 Fremont Road • Los Altos Hills, California 94022 • (650) 941-7222 • FAX (650) 941-3160 WORKSHEET #2 EXISTING AND PROPOSED DEVELOPMENT AREA AND FLOOR AREA • TURN IN WITH YOUR APPLICATION PROPERTY OWNER'S NAME PROPERTY ADDRESS Z t VY.0 CALCULATED BY ecl KlDATE 1. DEVELOPMENT AREA (SQUARE FOOTAGE) A. B. C. D. E. F. G. H. House and Garage (from Part 3. A.) Decking Drivewa and Parking Existing tnv�v i.lrahv�r Y (Measured 100' along centerline) I�1�^y � Patios and Walkways '!p7�1721. Tennis Court -t'l Pool and Decking Accessory Buildings (from Part B) Any other coverage 0L..t7, S TOTALS Proposed Total (AddifinnsfDaetioos) a3 !/ Maximum Development Area Allowed - MDA (from Worksheet #1) 1 2. TOTAL IMPERVIOUS SURFACE Existing Proposed Total (SQUARE FOOTAGE) TOTALS 3. FLOOR AREA (SQUARE FOOTAGE) Existing Proposed Total (Addi¢ons/Deletions) A. House and Garage a. 1st Floor b. 2nd Floor c. Attic and Basement d. Garage B. Accessory Buildings a. 1st Floor b. 2nd Floor c. Attic and Basement �7; Z TOTALS i Maximum Floor Area Allowed -MFA (from Worksheet #1) TOWNUSEONLY CHECKEDBY DATE Rev. 3120102 Page 1 of I Tovm of Los Altos Hills To: TOWN OF LOS ALTOS HILLS PLANNING DEPARTMENT DEBBIE PEDRO ASSOCIATE PLANNER RECEIVED DEC 2 2 2005 December 21, 2005 TOWN OF LOS ALTOS HILLS RE: SITE DEVELOPMENT PERMIT REQUEST FOR A SOLAR PANEL ARRAY LANDS OF GOESE; 13480 WILDCREST DRIVE FROM: Brad Blackman- Owner Representative Custom Dreams REQUEST: Site Development Permit for approval of a new solar panel array system. The 1,637 sq ft Photovoltaic area would exceed the permitted maximum MDA for the site by 953 sq ft (including the 500 sf MDA policy allowance to encourage the use of solar energy). The PV array will be configured roughly as a 40' x 40' square. We are respectively requesting that the solar array be excluded from the MDA calculation for the property under the Town "Pervious Surface Policy Guidelines" cited below. BACKGROUND The subject property is a 1.89 acre parcel located at the hilltop terminus of Wildcrest Drive. Surrounding uses include single-family homes on adjacent parcels to the northeast, south and west. The applicant is currently constructing a recently approved two-story residence with a basement, swimming pool and spa. The proposed Photovoltaic array is proposed to be installed in the Southwest corner of the property, outside the conservation easement and outside the setback areas just below the previously approved pool equipment structure in a very low visibility location. Town policy allows exemption of the first 500 square feet of solar panel requirements to encourage the production of solar energy thereby reducing the exemption request to 953 square feet. The total proposed MDA (including house, pool, spa, hardscape, driveway, pool equipment enclosure as well as the proposed solar array) for the entire site is only 15.1 % of the total land area Approximately 85% of this site will be open space easement, native vegetation, and landscaped areas. 2 TOWN POLICY - Development area. tennis/sports courts. driveways and oervious surfaces Code section 10.1.502 (b) of the Zoning code defines "development area" to include floor area as well as other coverage, including parking areas, patios, decks, walkways, swimming pools, tennis courts, and other surfaces comprised of artificially emplaced building materials (paving, roofing, masonry, stone, or wood). Intent The purposes of limiting development area on a site are twofold: 1) to protect natural features and the rural character of the Town: and 2) to minimize run off and erosion concerns related to construction on slopes. Policy: 1. No development credit will be granted for the use of semi -permeable material(s) on any of the following: a. Tennis or sports courts b. Driveways c. Required parking areas d. Turnarounds' e. Above ground decks 2. In other development areas, partial credit for use of semi -permeable material(s) may be granted depending on the permeability and appearance of the surface. Site Data: APN: 175-36-005 Gross Lot Area: 1.897 acres Net Lot Area: 1.897 acres Average Slope: 26.2 Lot Unit Factor: 1.238 Lot Area SF: 82,642.64 Floor Area and Development Area Area (sq. 0.) Maximum Under Proposed Decrease/Increase Remaining •(inc.500s( construction solarpolicyl Development 11,549' 10,✓3[f5 12,502 953 increase n/a /6,414 Floor 6,425 n/a n/a 11 Site The applicant is requesting approval of a Site Development Permit to construct a Photovoltaic array to supply 100% of the residence's electrical power usage. This request is consistent with a recent PV array application approved by the Planning Commission finding that the 2,882 SF of the PV array was exempt from MDA under Section #2 of the Town's pervious surface policy cited above. The proposed array will be installed in a very low visibility location on the site and will be elevated off the ground to avoid erosion control problems and ensure habitat compatibility. Landscape screening and erosion control A landscape screening and erosion control plan will be submitted after final framing of the new residence. Any landscaping required for screening or erosion control measures to accommodate the proposed solar array will be planted or installed prior to final inspection. Open Space Easment In accordance with the Town General Plan the applicant completed the deed conveyance of an Open Space Easement for vast majority of the sloped area (24,978.68 SF) of the site in excess of 30% upon commencement of construction of the new improvements. The Open Easement encompasses 30.2% of the lot area. The proposed PV array will not be located in the Open Space easement area. Summary • PV array will cover only 1.9% of the lot area • The PV is located in a very low visibility area and will not be visible to immediately surrounding neighbors. • Applicant plans to be 100% self sufficient for electricity • The PV array is not in the Open Space easement or setback areas • The PV array will be parallel to the ground and very low in height (2-4 ft.) • The PV array will utilize highly stylized, aesthetically pleasing Sharp solar panels • The panels have an anti -reflection coating. Attachments 1. Application and Check 2. Site plan 3. Summary of proposed Photovoltaic array 4. Sharp Brochures of the proposed panels §¥/0 / \) °'!®� 7 - w 2a ;; .|: }\ \ \0| !! mr g�§ | �2 E \\ . \t � ± k!� WR§�§ Nm. 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CD 16 V " tV O o N M ++ Q N >% 0 z >% m n = ■ V �C ry T 0 N Ua � 'p Of a0+ N ` m c W L = > � �► o w V C. Q ow O N L H ILO w V p fA J £ 1 y O O N d! M d Q O J L O W-4 H H o L c �> Q" +� E y •g cd of H a 'o = v >+ O H` IL yQ w H Z O _ E N r G! a0 c Ov L O a. �� 3 CO'i W o u? N V 0 ' N NQ Q ry 'c V O 00 E Al D Qt 'a +' m 10 = v CLW LO O O d= d J O Ew c E .N O F a L �� �= E o •__ c M2 m QC. H� Oo �2 C W U60 J 2Q Lcoo o -i Ot O w> U SHARP 170 WATT HIGH-POWERED MODULE. SUPERIOR POLY -CRYSTALLINE SILICON PHOTOVOLTAIC MODULE WITH 170W MAXIMUM POWER Sharps NE-170Ul photovoltaic modules offer high-powered performance and industry-leading durability for large electrical power requirements. Using breakthrough technology perfected by Sharps 45 years of research and development, these modules incorporate an advanced surface texturing process to increase light absorption and improve efficiency. Common applications include office buildings, houses, cabins, solar power stations, solar villages and traffic lights. Ideal for grid -connected systems and designed to withstand rigorous operating conditions, Sharp's NE-170Ul modules are the perfect combination of technology and reliability. y.;a.1­111f^Nys 111111 n. _�x�,�,�mn_w,no.e maawe,ena FEATURES MULTI-PURPOSE MODULE ELECTRICAL CHARACTERISTICS Cell : Poly-arRtznmr enlmo Ad of Cells add Connect... 11n xenee Open Circuit Voltz, Wall m.]V Maximum Power Voltage(Vpm) ! 349V Short Circuit Current(lu) S.aiA Maximum Power Current(ipm) 49A Mau mum Power (Pmax)1 .w "IT, 1-5x) Module Efficiency, firm) 13 10% Maximum System Voltage 60OVDC Series Fuse Rating aoA Type, of Output Terminal ,roe VA"wan me cenmr)nr .Cl Standard Tex] Contlltions: 2SC t kW/m', PM IS IV CURVES Ceu Trmpemwr: 25'C 6 5 4 a =3 2 0 180 150 6o 30 0 o 10 ID 30 40 50 VolUp N] Cprrenlvs. Pongee — Power w, Vollaee l—al, Power vxwinner Chnanx is 170 WATT MECHANICAL CHARACTERISTICS oimensiana(A x B x C Wow) bml'•yIs' x1. - Us, xe3Mm a06mm Weight 374e5fte/1] all Packing Configuration z pct cer neon Size of Carton 66.93'r la. lff r1 lY I'll— .9]omm v fl. Loading Capacity (20 ft COnta ner) 1. A. 180 mrronsl Loading Capacity (48 it container) Ina ors(zz4 larrom) Loading Capacity (53 it contained 1tv vc, lag carom) ABSOLUTE MAXIMUM RATINGS Operatin9Temperature nd..1P4F/i01o.90C Storage Temperature ao m l 1v4 11-4.4. Io wo'C DIMENSIONS 6AER �a>d D E F O 30934]¢5.5mm )31.a1mm 30.0]'OAmm J54'w1un m geslgn and specifications are subject to change without notice. In the absence of mnfirmation by ndun manual, Sharp takes no responsibility for any defects that may Dram In equipment using any Sharp devices. (miscl Sharp to obtain the latest product manuals before using any Sharp device. SHARP, �J Sharp Electronics Corporation • 5901 Bolsa Avenue, Huntington Beach, CA 92647 Tel:1-800-SOLAR-O6•Email: shamsolar@shaMusa.com- vmw.sharpusx.coMsolar Cnverphoto:Solarinstallstion be Fabs, Power Management, Aabmn(A SSD 170 02005 Sharp Electronics Corporation printed in the OSA