HomeMy WebLinkAboutPC 06-21RESOLUTION PC 06-21
RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF LOS ALTOS
HILLS APPROVING A SITE DEVELOPMENT PERMIT AND VARIANCE TO
ALLOW FOR THE CONSTRUCTION OF A NEW TWO-STORY HOUSE AT 12819
VISCAINO ROAD
WHEREAS, The Town of Los Altos Hills received an application for a Site Development Permit
(SD21-0006) and a Variance (VAR21-0003) from Dan Garber and Grace Mariucci to allow for
the construction of new 4,373 square -foot two-story house with a basement, a detached garage and
new pool at 12819 Viscaino Road ("Project"); and
WHEREAS, the Project is exempt from the provisions of the California Environmental Quality
Act (CEQA) pursuant to Section 15303(a) since the project includes the construction of a new
single-family residence where public services are available in a residential zone; and
WHEREAS, the Project application was processed in accordance with the applicable provisions
of the California Government Code and the Los Altos Hills Municipal Code; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the Project on May
6, 2021 and considered all written documentation and public comments; and
NOW, THEREFORE, the Planning Commission of the Town of Los Altos Hills hereby
APPROVES the Site Development Permit (SD21-0006) and Variance (VAR21-0003) subject to
the Findings contained in Exhibit "A" and the conditions contained in Exhibit `B" and
incorporated herein by reference.
The above and foregoing Resolution was passed and. adopted by the Planning Commission of the
Town of Los Altos Hills at a regular meeting held on the 6th day of May 2021, by the following
vote:
AYES: Patel, Indaco, Couperus, Smith, Waschura
NAYS: None
ABSTAIN: None
ABSENT: None
By: LIV-1 PUI
Rajiv P el, Chair
ATTEST:
cn�
Steve Padovan, Interim Planning Director
Resolution PC 06-21 Page 1
EXHIBIT A
FINDINGS
1. With regard to the Site Development Permit (SD21-0006) to allow for a new two-story house
at 12819 Viscaino Road, the Planning Commission finds in accordance with Section 10-2.102
of the Los Altos Hills Municipal Code as follows:
a. The proposed development is in compliance with all regulations and policies set forth in
the Site Development ordinance.
The proposed new residence and associated improvements, with the exception of 30 -foot
building encroachment into the required 36 -foot right side yard setback from an access
easement and portions of the driveway and west patio that exceed the limits set by the
Town's Grading Policy, comply with all applicable regulations and policies set forth in the
Site Development Ordinance because the project does not exceed maximum floor area and
development area, is within the 32 -foot building height limit, meets or exceeds the existing
building setbacks (existing left side yard setback is 27 feet), and complies with all other
applicable requirements in the Site Development Ordinance.
2. With regard to the Variance (VAR21-0003) to allow for a 30 -foot building encroachment into
the required 36 -foot side yard setback from an easement for vehicular access along the west
property line on a 1.37 -acre lot at 12819 Viscaino Road, the Planning Commission finds in
accordance with Section 10-1.007(2) as follows:
a. That, because of exceptional or extraordinary circumstances applicable to the subject
property, including size, shape, topography, location or surroundings, the strict
application of the provisions of this title is found to deprive such property of privileges
enjoyed by other properties in the vicinity and under identical zoning classification.
The proposed residence is located on a conforming 1.37 -acre lot with a Lot Unit Factor of
0.532. However, due to the location of a 24 -foot vehicular access easement along the west
side property line, the side yard setback increases to 54 feet in width as the Municipal Code
requires setbacks to be measured from ingress and egress easements. Additionally, the
required setback for this project as proposed is 60 feet due to a two -foot structure height
increase. The steepness of the lot (38.5 average slope) and current siting of the residence
limits development to the west portion of the site. Development that conforms with the
setback would require excessive fill not consistent with hillside and ridgeline development
guidelines. Because the structure steps down with the topography, the increased height is
not visible from the property line into which the setback encroachment is requested.
Therefore, the imposition of the added right (west) side yard setback depth deprives the
property owner of certain privileges, including a substantial reduction in the property's
building envelope, reduced patio and outdoor recreation areas, and limitations on the siting
of the dwelling and parking areas.
Resolution PC 06-21 Page 2
b. That upon the granting of the variance, the intent and purpose of the applicable sections
of this title will still be served and the recipient of the variance will not be granted special
privileges not enjoyed by other surrounding property owners.
The granting of the setback variance for the proposed residence does not infringe on the
intent and purpose of the Zoning Code because the dwelling will be at least 30 feet from
the west side property line (which is the minimum required setback for all structures) and
only a small portion of the private vehicular access easement is used for access for a single
neighbor.
c. That the granting of such variance will not be materially detrimental to the public welfare
or injurious to the property, improvements or uses within the immediate vicinity and within
the same zoning district.
The granting of the variance for building setback will not be detrimental to public welfare
or surrounding properties as the proposed development does not exceed the maximum floor
area or development area standards, the residence will meet the typical 30 -foot setback
standards for the typical lot, adequate access to a public road is available, and the structures
and parking can be screened by landscaping and will not be highly visible to surrounding
properties.
d. That the variance will not authorize a use or activity which is not otherwise expressly
authorized by the zoning district regulations governing the parcel or property.
The use or activities associated with the variance request are permitted uses in the R -A
District.
3. With regard to the Grading Policy exception request, the Planning Commission makes the
following findings:
a. There is a sufficient basis to support the Grading Policy exception to allow for fill that
exceeds three feet for the lower, eastern portions of the proposed driveway and for cut that
exceeds four feet for the upper, western portions of the proposed driveway and adjacent
patio. Given the average slope of the lot (38.5 percent), any new development on this site
would be significantly restricted without allowing some exceptions from the Town's
Grading Policy. The grading work and export will not take place during the Town's grading
moratorium (October 1 to April 30) and will be done in accordance with Town procedures
for grading and construction operations.
b. The proposed grading achieves the purpose of the Los Altos Hills Municipal Code Section
10-2.702(c) which states: "The amount of grading, excavation or fill shall be the minimum
necessary to accommodate proposed structures, unless grading is proposed to lower the
profile of the buildings." The proposed grading for the driveway is the minimum necessary
to accommodate a compliant fire truck turnaround and the additional cut for the patio is
necessary to restore the existing retaining walls on the west end of the property above the
residence.
Resolution PC 06-21 Page 3
c. The proposed grading will be consistent with grading provisions of the Site Development
Ordinance, including Section 10-2.401 which states the intent to limit adverse effects from
grading and Section 10-2.701 which states an intent to ensure that the site, location and
configuration of structures are unobtrusive when viewed from off-site, that scenic views
are retained, that buildings do not dominate the natural landscape and that ridgelines and
hilltops are preserved. The proposed grading for the driveway and patio will be unobtrusive
when viewed from off-site because the property is well screened from surrounding
neighbors and the new residence will block the patio from downhill neighbors.
Resolution PC 06-21 Page 4
EXHIBIT B
CONDITIONS OF APPROVAL
12819 Viscaino Road — File # SD21-0006 and VAR21-0003
PLANNING DEPARTMENT
1. No other modifications to the approved plans are allowed except as otherwise first reviewed
and approved by the Planning Director or the Planning Commission, depending on the scope
of the changes.
2. The project is subject to the Town's Construction Time Limit Ordinance (Chapter 10, Title
VIII of the Municipal Code). The maximum time for completion of the new residence shall
be 36 months from the date of Building Permit issuance. Failure to complete the project in
the allotted time may result in substantial penalties and fees.
All existing Blue Gum (E. globulus), Pink Ironbark (E. sideroxylon rosea), River Red Gum
(E. camaldulensis), Swamp Gum (E. rudis), Honey Gum (E. melliodora), or Manna Gum (E.
viminalis) eucalyptus trees on the property located within 150' of any structures or roadways
shall be removed prior to final inspection of the new residence. Removal of eucalyptus trees
shall take place between the beginning of August and the end of January to avoid disturbance
of nesting birds protected under the Federal Migratory Bird Treaty Act (MBTA) and
California Department of Fish and Game Code Section 3500 et seq unless a nesting bird survey
is first conducted and there is a determination that there are no active nests within the tree.
4. No new irrigated landscaping shall be placed within 10 feet of the trunk of any existing oak
trees. In addition, all grading shall be minimized within the drip lines of existing trees to be
preserved and no fill shall be placed within the driplines of any fenced trees.
5. The property owner shall remove all Stinkwort (Dittrichia graveolens) plants from the entire
property and in the road right-of-way by manual pulling or use of herbicide by October 1 st
of each year until the final approval of the project.
6. Pathways within setbacks shall not exceed four feet in width. Stairways are not permitted
within setbacks.
7. Roof eaves of all structures shall not encroach into the required side and rear yards. The roof
eaves shall be shown on the site plans in the set of construction drawings.
8. Skylights, if utilized, shall be designed and constructed to reduce emitted light (tinted or
colored glass, or other material). No lighting may be placed within skylight wells.
9. Fire retardant roofing (Class A) is required for all new construction
10. All space heating and water heating systems installed in a new residence and/or detached
habitable building shall be all -electric systems pursuant to Section 8-1.6.02 of the Town's
Building Regulations. Gas or propane heating systems are not permitted. If gas cooking or
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clothes drying appliances are installed, then dedicated electrical receptacles and circuits will
be required to allow for future electric appliances. Fireplaces and all outdoor gas appliances
are excluded from these requirements.
11. All construction shall comply with Section R337 of the 2019 California Residential Code
(Materials and Construction Methods for Exterior Wildfire Exposure).
12. No new fencing is approved. Any additional or modified fencing or gates shall require review
and approval by the Planning Department prior to installation.
13. All exterior lighting fixtures shall be down directed or shielded non-movable fixtures and
shall not exceed 3,000 Kelvins and 600 lumens. Exterior lighting on the new residence is
approved as shown on the plans. Landscape lighting is not approved at this time and shall be
submitted with the required landscape screening plan. Any changes to the approved lighting
plan shall be approved by the Planning Department prior to installation. No lighting may be
placed within setbacks except two driveway or entry lights.
14. Standard swimming pool conditions:
a. Lights shall be designed so that the source is not visible from off-site.
b. Drainage outfall structures shall be constructed and located to the satisfaction of the City
Engineer.
c. Equipment shall be enclosed on all four sides for noise mitigation and screening.
15. For swimming pools, at least one of the following safety features shall be installed to the
satisfaction of the Town Building Official:
a. The pool shall be isolated from access to the residence by an enclosure (fencing).
b. The pool shall be equipped with an approved safety pool cover.
c. The residence shall be equipped with exit alarms on those doors providing direct access
to the pool.
d. All doors providing direct access from the home to the swimming pool shall be equipped
with a self-closing, self -latching device with a release mechanism placed no lower than
54 inches above the floor.
16. The pool equipment shelter shall be completed prior to final inspection. The shelter shall be
modified to include sound attenuation material on the inside and the exterior of the shelter
shall utilize exterior materials and colors matching the existing residence.
17. As recommended by Cotton, Shires & Associates, Inc., in their report dated February 5, 2021
the applicant shall comply with the following:
a. Supplemental Geotechnical Recommendations — The applicant's geotechnical
consultant shall review the current site development concept and provide
supplemental recommendations given the currently proposed pool and pool
equipment shed. The geotechnical consultant shall also review the current layout
of proposed retaining walls, planters, terraces walkways and parking areas and
provide revised, clarified, or supplemental recommendations and design criteria,
if deemed necessary.
Resolution PC 06-21 Page 6
The supplemental geotechnical recommendations shall be compiled by the
applicant's geotechnical consultant in a letter, incorporated into project plans and
design, and submitted to the Town Engineer for review prior to acceptance of
plans for building plan check.
b. Geotechnical Plan Review — The applicant's geotechnical consultant shall review
and approve all geotechnical aspects of the project building and grading plans (i.e.,
site preparation and grading, site surface and subsurface drainage improvements,
and design parameters for retaining walls and foundations, etc.) to ensure that their
recommendations have been properly incorporated.
The results of the plan review shall be summarized by the geotechnical consultant
in a letter and submitted to the Town Engineer for review prior to issuance of the
building permit.
c. Geotechnical Construction Inspection — The geotechnical consultant shall inspect,
test (as needed), and approve all geotechnical aspects of the project construction.
The inspections shall include, but not necessarily be limited to: site preparation
and grading, site surface and subsurface drainage improvements, and excavations
for retaining walls and foundations prior to the placement of steel and concrete.
The consultant shall review shoring design, as provided by the Contractor, if
applicable during construction.
The results of these inspections and the as -built conditions of the project shall be
described by the geotechnical consultant in a letter and submitted to the Town
Engineer for review prior to final inspection.
For further details on the above geotechnical requirements, please refer to the letter
from Cotton, Shires & Associates, Inc., dated February 5, 2021.
18. All construction shall comply with 2019 California Green Building Standards Code, Part 11,
Title 24 mandatory measures. The property owner shall provide a 2019 CalGreen Residential
Checklist demonstrating conformance with all applicable mandatory measures at time of
building permit submittal.
19. Prior to beginning any grading operation, all significant trees, particularly any heritage oak
trees, are to be fenced at the drip line. The fencing shall be of a material and structure (chain-
link) to clearly delineate the drip line. Town staff must inspect the fencing and. the trees to
be fenced prior to commencement of grading. The property owner shall call for said
inspection at least three days in advance of the inspection. The fencing must remain
throughout the course of construction. No storage of equipment, vehicles or debris shall be
allowed within the drip lines of these trees. Existing perimeter plantings shall be fenced and
retained throughout the entire construction period.
20. The property owner shall grant an Open Space Easement to the Town and consult with
planning staff and the Open Space Committee to define the extent of the easement prior to
building permit issuance. Any existing structures except for retaining walls shall be removed
Resolution PC 06-21 Page 7
from the easement area. No significant grading or fill shall be permitted unless necessary to
install a septic system, install stormwater improvements or restore the original grade. Native
vegetation along with temporary irrigation systems to establish the native vegetation may be
planted within the easement. Any future fencing shall allow for the free movement of
wildlife. The property owner shall provide legal description and plat exhibits that are
prepared by a licensed land surveyor and the Town shall prepare the grant document. The
grant document shall be signed and notarized by the property owner and returned to the Town
prior to building permit issuance.
21. Exterior finish colors of all buildings shall have a light reflectivity value of 50 or less and
roof materials shall have a light reflectivity value of 40 or less, per manufacturer
specifications. The metal roof shall have a matte finish. All color samples shall be submitted
to the Planning Department for approval prior to issuance of the building permit. All
applicable structures shall be painted in conformance with the approved color(s) prior to
final inspection.
22. All properties shall pay School District fees to either the Los Altos School District or the
Palo Alto Unified School District, as applicable, prior to issuance of the buildingpermit. The
applicant shall take a copy of worksheet #2 to school district offices (both elementary and
high school in the Los Altos School District), pay the appropriate fees and provide the Town
with a copy of the receipts.
23. After completion of rough framing or at least six (6) months prior to scheduling a final
inspection, the applicant shall submit landscape screening and erosion control plans for
review by the Planning Commission. The application for landscape screening and erosion
control shall be accompanied by the applicable fee and deposit. The plans shall be reviewed
at a noticed public hearing. Attention shall be given to plantings which will be adequate to
break up the view of the new residence from surrounding properties. All landscaping required
for screening purposes and for erosion control (as determined by the City Engineer) must be
installed prior to final inspection of the new residence. The landscape screening plan shall
comply with Section 10-2.809 (water efficient landscaping) of the Los Altos Hills Municipal
Code.
24. Two years after the project has been completed, staff will review the water usage for the
property and conduct a site inspection to ensure installed landscape screening is still present
and has been adequately maintained.
25. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor
shall certify in writing and state that "the location of the new residence and roof eaves, are
no less than 40' from the front property line and 30' from the side and rear property lines."
The elevation of the new residence shall be similarly certified in writing to state that "the
elevation of the new residence matches the elevation and location shown on the Site
Development plan." The applicant shall submit the stamped and signed letter(s) to the
Planning Department prior to requesting a final inspection.
26. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor
shall certify in writing and state that "the height of the new residence complies with the 29'
Resolution PC 06-21 Page 8
maximum structure height, measured as the vertical distance at any point from the bottom of
the crawl space or basement ceiling if excavated below natural grade, to the highest part of
the structure directly above (including roof materials)." The overall structure height shall be
similarly certified in writing and state that "all points of the building (including chimneys
and appurtenances) lie within a thirty-five (35') foot horizontal band based, measured from
the lowest visible natural or finished grade topographical elevation of the structure along the
building line and the highest topographical elevation of the roof of the structure." The
applicant shall submit the stamped and signed letter(s) to the Planning Department prior to
requesting a final inspection.
27. The five oak trees numbered 8, 9, 10, 11, and 12 shall be retained. The applicant shall ensure
that the subject trees are properly protected during the construction process, utilizing a
retaining wall barrier where needed.
28. Five 24 -inch box oak, trees shall be required on landscape screening plan.
ENGINEERING DEPARTMENT
29. Any, and all, changes to the approved grading and drainage plan shall first be approved by
the Town Engineering Department. No grading shall take place during the grading restriction
(October 1St to April 30th) except with prior approval from the City Engineer. No grading
shall take place within ten feet of any property line.
30. All public utility services serving this property shall be placed underground. The applicant
should contact PG&E immediately after issuance of building permit to start the application
process for undergrounding utilities which can take up to 6-8 months.
31. An encroachment permit shall be obtained from the Public Works Department for all work
proposed in the public right-of-way. No work within the public right-of-way shall commence
without an encroachment permit.
32. All hydrant use is strictly prohibited by the Purissima Hills Water District. A permit for
obtaining water for grading and construction purposes must be obtained from the Purissima
Hills Water District and submitted for approval to the Town Engineering Department prior
to acceptance of plans for building check. The permit will authorize the use of water from
specific on-site or off-site water sources.
33. The property owner shall inform the Town of any damage and shall repair any damage caused
by the construction of the project to pathways, private driveways, and public and private
roadways, prior to final inspection and release of occupancy permits and shall provide the
Town with high-quality color photographs of the existing conditions of the roadways and
pathways prior to acceptance of plans for building plan check.
34. The property owner shall be required to connect to the public sanitary sewer prior to final
inspection. A sewer hookup permit shall be required by the Town's Public Works
Department prior to acceptance of plans for building plan check. An encroachment permit
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shall be required for all work. proposed within the public right of way prior to commencement
of work.
35. The property owner shall provide a copy of the Residential Service Design Load Information
to the Public Works Department prior to acceptance of plans for building plan check.
36. Two copies of a Grading & Construction Operation plan shall be submitted by the property
owner for review and approval by the City Engineer and Planning Director at time of building
permit submittal. The grading/construction operation plan shall address truck traffic issues
regarding dust, noise, and vehicular and pedestrian traffic safety on Viscaino Road and the
shared driveway; storage of construction materials; placement of sanitary facilities; parking
for construction vehicles; and parking for construction personnel. A debris box (trash
dumpster) shall be placed on site for collection of construction debris. Arrangements must
be made with the GreenWaste Recovery, Inc. for the debris box, since they have a franchise
with the Town and no other hauler is allowed within the Town limits.
37. Two sets of a final Grading and Drainage plan shall be submitted for review and approval by
the Engineering Department at time of building permit submittal. Final drainage and grading
shall be inspected by the Engineering Department and any deficiencies corrected to the
satisfaction of the Engineering Department,
38. Two copies of an Erosion and Sediment Control plan shall be submitted for review and
approval by the Engineering Department at time of building permit submittal. The contractor
and the property owner shall comply with all appropriate requirements of the Town's NPDES
permit relative to grading and erosion/sediment control.
39. The Engineer of Record shall observe the installation of the drainage system, construction of
the energy dissipators, and completion of the grading activities and state that items have been
installed and constructed per the approved plans. A stamped and signed letter shall be
prepared and submitted to the Town prior to final inspection.
40. All areas on the site that have the native soil disturbed shall be protected for erosion control
during the rainy season and shall be replanted prior to final inspection.
41. The property owner shall pay a pathway fee of $10,943, prior to issuance of the building
permit.
FIRE DEPARTMENT
42. An automatic residential fire sprinkler system approved by the Santa Clara County Fire
Department shall be included in all portions of the building. Three sets of plans prepared by
a sprinkler contractor shall be submitted to the Santa Clara County Fire Department Fire
Prevention Division (16795 Lark Avenue, Suite 200, Los Gatos, CA 95032) for review and
approval. The sprinklers shall be inspected and approved by the Fire Department, prior to
final inspection and occupancy of the new residence.
Resolution PC 06-21 Page 10
43. An approved fire turnaround shall be provided with a minimum radius of 36 feet outside and
23 feet inside and a maximum slope of 5% in any direction. Installations shall conform with
Fire Departmernt Standard Details and Specifications D-1.CFC Section 503.
44. The fire flow for this project is 2,000 GPM at 20 psi residual pressure. As an automatic fire
sprinkler system will be installed, the fire flow will be reduced by 50% establishing a
required adjusted fire flow of 1,000 GPM at 20 psi residual pressure. The minimum required
number and spacing of the hydrants shall be in accordance with CFC Table C102.1.
45. The driveway shall be paved with an all-weather surface capable of supporting apparatus
weighing at least 75,000 pounds, a minimum unobstructed width of 12 feet, vertical clearance
of 13.5 feet, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a
maximum slope of 19.5% (variance request to exceed maximum slope of 15% was approved
by the Fire Department). Installations shall conform to Fire Department Standard Details and
Specifications sheet D-1.
46. Potable water supplies shall be protected from contamination cause by fire protection water
supplies. The applicant and any contractors shall contact the water purveyor supplying the
site of such project, and shall comply with the requirements of that purveyor. These
requirements shall be incorporated into the design of any water-based fire protection systems,
and/or fire suppression water supply systems or storage.
47. Approved numbers or addresses shall be placed on all new and existing buildings in such a
position that it is plainly visible and legible from the street or road fronting the
property. Numbers shall be a minimum of four -inches high with a minimum stroke width of
0.5 inch (12.7 mm) and shall contrast with their background. Address numbers shall be
Arabic numbers or alphabetical letters.
48. All construction shall comply with applicable provisions of the CFC Chapter 33 and Standard
Detail and Specifications S 1-7. Provide appropriate notations on subsequent plan submittals,
as appropriate to the project.
Project approval may be appealed if done so in writing within 21 days of the date of the approval
Please refer to the Conditions of Project Approval set forth herein. If you believe that these Conditions
impose any fees, dedications, reservation or other exactions under the California Government Code Section
66000, you are hereby notified that these Conditions constitute written notice of a statement of the amount
of such fees, and/or a description of the dedications, reservations, and other exactions. You are hereby
further notified that the 90 -day approval period in which you may protest such fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail
to file a protest within this 90 -day period complying with all of the requirements of Section 66020, you will
be legally barred from later challenging such exactions.
Upon completion of the construction, a final inspection shall be required to be set with the Planning and
Engineering Departments two weeks prior to final building inspection approval.
Resolution PC 06-21 Page 11
NOTE: The Site Development permit is valid for one year from the approval date. All required
building permits must be obtained within that year and work on items not requiring a building
permit shall be commenced within one year and completed within two years.
Resolution PC 06-21 Page 12