HomeMy WebLinkAboutPC 15-21RESOLUTION PC 15-21
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 22560
RAVENSBURY AVENUE
WHEREAS, The Town of Los Altos Hills received an application for a Site Development
Permit and Variance (SD20-0045 & VAR21-0007) from George Perlegos ("applicant") to allow
for the construction of new 4,985 square -foot two-story house with an attached 759 square -foot
accessory dwelling unit that exceeds maximum development area by 363 square feet at 22560
Ravensbury Avenue ("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 December 9, 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 (SD20-0045), Variance (VAR20-0007), and Grading
Policy Exception subject to the findings and conditions contained in Exhibits "A" and `B" and
incorporated herein by reference.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Los
Altos Hills on this 9th day of December 2021, by the following vote:
AYES:
Indaco, Waschura, Couperus, Patel
NAYS:
None
ABSTAIN:
None
ABSENT:
Smith
ATTEST:
gitta Indaco, Chair
R�
Sofia Mangalam, Planning and Building Director
Resolution PC 15-21
Page 1
EXHIBIT A
FINDINGS
22560 Ravensbury Avenue — File # SD20-0045 & VAR20-0007
1. With regard to the Site Development Permit (SD20-0045) to allow for a new two-story house
at 22560 Ravensbury Avenue, 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
development area in excess of the calculated maximum, comply with all applicable
regulations and policies set forth in the Site Development Ordinance because the project
does not exceed maximum floor area, is within the 32 -foot building height limit, meets
required building setbacks, and complies with all other applicable requirements in the Site
Development Ordinance.
2. With regard to the Grading Policy (approved by City Council 07/21/2011) exception request,
the Planning Commission makes the following findings:
a. There is sufficient basis to support the Grading Policy exception to allow for fill that
exceeds 4.5 for the proposed garage and cut that exceeds 8 feet for the residence. The
proposed grading includes cut in excess of 8 feet in order to accommodate the lower floor
against the slope. The proposed grading includes fill in excess of 4.5 feet for the garage
due to the steep slopes and due to the garage location being dictated by the County's
approval of the driveway and turnaround located at the end. The cut necessitated by the
fire engine turnaround cannot be avoided without major redesign to the building location
and reduction in usable area.
b. The proposed design does achieve 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 design of the house is consistent with the goal of
lowering the profile of the building while the location of the garage was essentially dictated
by County approval of the driveway in its current configuration with the turnaround at the
end. While the Town prefers cut to lower the building over fill, the proposed fill will result
in a retaining wall no higher than the adjacent lower level of the residence.
c. The proposed grading is 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
2
Resolution PC 15-21 Page 2
are retained, that buildings do not dominate the natural landscape and that ridgelines and
hilltops are preserved. The proposed grading exceptions would not be visible to off-site
neighbors due to the existing vegetation that can be further augmented by new landscape
screening.
3. With regard to the Variances (VAR20-0007) to allow for 363 square feet of development area
over the calculated maximum for the property, 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 2.90 -acre lot with a Lot Unit Factor of
1.005 due to an average slope of over 40%. However, the property was created by
subdivision while within Santa Clara County's jurisdiction and had an approved driveway
installed for an approved building location. The existing 14 -foot -wide driveway, as
required by the Fire Department, generally follows the entire south easterly property line
and encompasses an area of approximately 4,400 square feet. As designed, approximately
1,525 square feet of the existing driveway will not count as it is beyond the first 100 feet
of the garage. Which still leaves the residence with approximately 2,000 square feet of
driveway and turnaround area on an extremely steep site after reducing the driveway with
to the 12 -foot minimum required. If designed from scratch within the Town, the driveway
area could be reduced. The steepness of the lot and current siting of the residence limits
development area to balconies/decks only. Additionally, an exterior staircase and deck is
required to access the ADU. Strict application of the code would deprive the applicant of
the enjoyment of their property. Nearby properties face similar challenges but do not have
similarly designed driveways or are located on the ridgeline where there are larger flat
areas.
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 development area variance for the proposed residence does not grant a
special privilege to the property owner that is not enjoyed by similar or surrounding
property owners. The subject property was once within the jurisdiction of the County which
does not set limits on development area or floor area like Los Altos Hills does. Many
properties that have been annexed into the Town's boundaries have nonconforming
development area, floor area, and setbacks. The subject property was vacant except for the
long driveway and fire truck turnaround, which most property owners wishing to develop
a vacant parcel are not forced to accept.
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.
Resolution PC 15-21 Page 3
The granting of the variance for development area will not be detrimental to public welfare
or surrounding properties as the proposed project is indistinguishable from other projects
on steep slopes. The majority of development area is located on the opposite side of the
house that is visible from across the valley, only a pair of decks is visible from across the
valley with regards to development area. The visibility to the public is minimal and runoff
from the additional development area is captured by the drainage design and size of the
slopes.
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.
Ll
Resolution PC 15-21 Page 4
EXHIBIT B
CONDITIONS OF APPROVAL
22560 Ravensbury Avenue — File # SD20-0045 & VAR20-0007
PLANNING DEPARTMENT
1. No other modifications to the approved plans dated November 1, 2021 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 (NIBTA) 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. 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.
The property owner shall dedicate an open space easement over those portions of the property
with steep slopes below the residence. The open space easement shall encompass all portions
of the property north of a line following the 580 contour elevation starting at the westerly
property line and heading east to a point beyond the proposed residence before turning south
and continuing east at the 600 contour elevation. The open space easement shall also include
those portions of the property west of the driveway retaining wall to the southerly property
line. The property owner shall provide plat map and legal description prepared by a
registered civil engineer or licensed land surveyor and the Town shall prepare the dedication
document. The plat snap and legal description shall be submitted to and approved by the
Town prior to building permit issuance and recorded prior to final inspection.
Garage doors shall be solid paneled and emit no interior light.
7. Roof eaves of all structures shall not encroach more than two feet into required side and rear
yards. The roof eaves shall be shown on the site plans in the set of construction drawings.
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.
Resolution PC 15-21 Page 5
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. Gas or propane heating systems are not
permitted. If gas cooking or 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 as shown on the plans. 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. No light fixtures are permitted in exterior
ceiling fans, otherwise 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. As recommended by Cotton, Shires & Associates, Inc., in their report dated July 2, 2021 the
applicant shall comply with the following:
a. 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 drainage improvements and design parameters for
foundations, retaining walls and driveway) to ensure that their recommendations have
been properly incorporated. The consultant shall also ensure the correct recommended
seismic design criteria are incorporated into project structural design.
If expansive earth material is to be utilized for structural fill, then the consultant shall
clarify what measures will be utilized to prevent adverse shrink -swell or settlement
impacts to proposed site improvements.
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 acceptance of plans for
building plan check.
b. 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 basements,
foundations and retaining walls prior to the placement of steel and concrete. The
Resolution PC 15-21 Page 6
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 July 2, 2020.
15. 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.
16. 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.
17. Exterior finish colors of all buildings shall have a light reflectivity value of 50 or less and
roof materials shall have a light reflectivity value of 40 or less, per manufacturer
specifications. All color samples shall be submitted to the 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.
18. 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 building permit. 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.
19. 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 and from Altamont
Road. 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.
Resolution PC 15-21 Page 7
20. 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 is no less than 33 feet
from all property lines and roof eaves are no less than 30 feet from all 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.
21. 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 28'
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.
ENGINEERING DEPARTMENT
22. Any, and all, changes to the approved Civil Improvements plan shall first be approved by the
Town Engineering Department. No grading shall take place during the grading moratorium
(October 1St to April 30th) except with prior approval from the City Engineer. No grading shall
take place within ten feet of any property line.
23. 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.
24. 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.
25. 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 two weeks prior to
acceptance of plans for building plan check. The grading/construction operation plan shall
address truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic safety on
Ravensbury Avenue and surrounding roadways; storage of construction materials; placement
of sanitary facilities; parking for construction vehicles; and parking for construction personnel.
A debris box (trash dumpster) shall be placed on site for collection of construction debris.
Arrangements must be made with the GreenWaste Recovery, Inc. for the debris box since
they have a franchise with the Town and no other hauler is allowed within the Town limits.
Resolution PC 15-21 Page 8
26. The property owner shall provide the Town with high-quality color photographs of the existing
conditions of the roadways and pathways two weeks prior to acceptance of plans for building
plan check.
27. The property owner shall pay a pathway fee of $10,943 prior to acceptance of plans for
building plan check.
28. A permit for the septic system shall be issued by Santa Clara County Health Department prior
to acceptance of plans for building plan check.
29. Peak discharge at 22560 Ravensbury Avenue because of Site Development Permit SD20-0045
shall not exceed the existing pre -development peak discharge value of the property. Detention
storage must be incorporated into the project to reduce the predicted peals discharge to the pre -
development value for the proposed increase in impervious surface. Please provide the data
and peak discharge hydrologic model(s) utilized, as well as the calculations of the peak
discharge value prior and post development. Determine the design peals runoff rate for a 10 -
year return period storm and provide detention storage design plans to reduce the predicted
peak discharge to the pre -development value. All documentation, calculations, and detention
storage design (2 plan copies) shall be submitted for review.
30. Two sets of a final Grading and Drainage plan shall be submitted for review and approval by
the Engineering Department. Final drainage and grading shall be inspected by the Engineering
Department and any deficiencies corrected to the satisfaction of the Engineering Department.
31. Two copies of an Erosion and Sediment Control plan shall be submitted for review and
approval by the Engineering Department. The contractor and the property owner shall comply
with all appropriate requirements of the Town's NPDES permit relative to grading and
erosion/sediment control.
32. 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.
33. Conditions of Santa Clara County Health Department shall be met prior to final inspection.
34. 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.
35. 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.
FIRE DEPARTMENT
36. 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
we
Resolution PC 15-21 Page 9
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.
37. All construction shall comply with applicable provisions of the CFC Chapter 33 and Standard
Detail and Specifications Sl -7. Provide appropriate notations on subsequent plan submittals,
as appropriate to the project.
38. 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.
39. 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.
40. The driveway shall be paved with an all-weather surface acceptable to the Fire Department.
For alternative surfaces such as turf block, the boundary edges of the alternate material shall
be delineated as approved by the Fire Department. Delineation shall be by concrete curbs,
borders, posts or other means that clearly delineate the location and extent of the driving
surface.
Project approval may be appealed if done so in writing within 21 days of the date of the approval.
The building permit cannot be issued until the appeal period has lapsed. The applicant may submit
construction plans to the Building Department after the appeal period provided the applicant has
completed all conditions of approval required prior to acceptance of plans for building plan check.
Please refer to the Conditions of Project Approval set forth herein. If you believe that these Conditions
impose any fees, dedications, reservation or other exactions under the California Government Code Section
66000, you are hereby notified that these Conditions constitute written notice of a statement of the amount
of such fees, and/or a description of the dedications, reservations, and other exactions. You are hereby
further notified that the 90 -day approval period in which you may protest such fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail
to file a protest within this 90 -day period complying with all of the requirements of Section 66020, you will
be legally barred from later challenging such exactions.
Upon completion of the construction, a final inspection shall be required to be set with the Planning and
Engineering Departments two weeks prior to final building inspection approval.
NOTE: The Site Development permit is valid for one year from the approval date. All required
building permits must be obtained within that year and work on items not requiring a building
permit shall be commenced within one year and completed within two years.
10
Resolution PC 15-21 Page 10