HomeMy WebLinkAbout72-23RESOLUTION 72-23
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING A TIME EXTENSION OF AN APPROVED SITE DEVELOPMENT
PERMIT AND CONDITIONAL USE PERMIT FOR A NEW RECREATIONAL
FACILITY (GYM) AT 13891 CICERONI LANE
(LANDS OF CAMPO VISTA LANE LLC)
WHEREAS, Campo Vista Lane LLC ("Owner") owns the property commonly known as 13891
Ciceroni Lane, Los Altos Hills, California (APN 175-23-034); and
WHEREAS, the site development permit (SD20-0086) and conditional development permit
(CUP21-0001) for a new recreational facility was approved at a duly noticed Planning Commission
public hearing on March 4, 2021 with reasonable conditions of approval; and
WHEREAS, the permit was set to expire on March 4, 2022 as the Town has adopted a Site
Development Ordinance and, pursuant thereto, sets an expiration date for Site Development
Permits at one (1) calendar year; and
WHEREAS, pursuant to the Site Development Ordinance, the Planning Director, or designee, has
the authority to grant reasonable extensions of time for Site Development Permits that have
expired; and
WHEREAS, the Owner submitted a request for a Time Extension (EX22-0001) to SD20-0086
and CUP21-0001 on February 16, 2022; and
WHEREAS, the Town administratively approved the time extension request of one (1) calendar
year and the permit was then set to expire on March 4, 2023; and
WHEREAS, pursuant to the Site Development Ordinance, the City Council has the authority to
grant reasonable extensions of time for Site Development Permits that have expired; and
WHEREAS, the Owner has submitted a request for a Time Extension (EX23-0005) to SD20-0086
and CUP21-0001 on July 19, 2023; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does
hereby approve on behalf of the Owners, a one (1) year Time Extension (EX23-0005) of an
approved Conditional Use Permit (CUP21-0001) and Site Development Permit (SD20-0086)
subject to the originally adopted findings contained in Exhibit "A" and the conditions contained
in Exhibits "B" and "C" and incorporated herein by reference.
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los
Altos Hills at a regular meeting held on the 17th day of August 2023, by the following vote:
AYES: Swan, Mok, Schmidt, Tankha, Tyson
NOES: None
Resolution 72-23 Page 1
ABSENT: None
ABSTAIN: None
ATTEST -
Deborah L. Padovan, City Clerk
Resolution 72-23
Linda G. Swan, Mayor
Page 2
EXHIBIT A
FINDINGS
13891 Ciceroni Lane — File # CUP21-0001 and SD20-0086
With regard to the Conditional Use Permit (CUP21-0001) to allow for a new recreational
facility at 13891 Ciceroni Lane, the Planning Commission finds in accordance with Section
10-1.1007(1) of the Los Altos Hills Municipal Code as follows:
a. The proposed use or facility is properly located in relation to the community as a whole,
land uses, and transportation and service facilities in the vicinity.
The proposed facility is surrounded by residential land uses. As conditioned, the structure
will be reserved for private use only, effectively making it an enclosed sports court. Given
the limitations on use, it is appropriate to consider the structure an accessory residential
use, albeit a large one. The proposed facility is located on a property at the end of a cul-de-
sac with two neighboring properties and three properties across the Fremont Road right-
of-way. The structure is proposed with a 48 -foot setback from the Ciceroni Lane right-of-
way, which places it over 160 feet from Fremont Road, a main arterial into the Town. As
the property is at a higher elevation than surrounding properties and the structure being
located 48 feet from the Ciceroni Lane, it will be visible to several neighboring properties;
however, the structure is designed to appear single -story from Ciceroni Lane. This location
off a Ciceroni Lane, which serves only five other properties will not impact transportation
or service facilities, especially as conditioned.
b. The site for the proposed use is adequate in size and shape to accommodate the proposed
use and all yards, open spaces, walls and fences, parking, loading, landscaping, and such
other features as may be required by this chapter or, will be needed to assure that the
proposed use will be reasonably compatible with land uses normally permitted in the
surrounding area.
The large size of the property and moderate slopes within the building envelope result in a
site with ample room to accommodate the structure and comply with all requirements of
the Zoning Code. The required setbacks to the structure provide adequate room for
reasonable landscape screening to ensure that the proposed use will be compatible with the
surrounding land uses.
c. The site for the proposed use will be served by streets and highways or adequate width and
pavement to carry the quantity and kind of traffic generated by the proposed use.
The property is currently served by a street of adequate width for the existing land uses on
the subject property and neighboring properties. The proposed use will be restricted to
private, residential use and, therefore, will not generate a significant increase in traffic as
there is currently a single-family residence on the property.
Resolution 72-23 Page 3
d. The proposed use will not adversely affect the abutting property of the permitted use
thereof.
The visual impact of the structure to the abutting properties has been minimized to the
extent possible based on the design of the structure, which has been sunken into the slope,
and will be further reduced by the required landscape screening. The structure is designed
in compliance with the Municipal Code, making its visual impact similar to other large
residences in the greater area.
2. With regard to the Site Development Permit (SD20-0086) to allow for a new recreational
facility at 13891 Ciceroni Lane, 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 recreational building and associated improvements 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
building height limit, exceeds the required building setbacks and is in compliance with the
Town's Grading Policy and all other applicable requirements in the Site Development
Ordinance.
Resolution 72-23 Page 4
EXHIBIT B
CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL
13891 Ciceroni Lane — File # CUP21-0001
No other modifications to the approved plans or use of the structure 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. A review of this Use Permit shall be conducted two (2) years from the date of final inspection
and every ten (10) years thereafter or upon ownership transfer to assure compliance with
conditions and all conditions shall be subject to amendments and/or additional conditions as
necessary.
The Planning Director may, at any time, schedule an inspection of the property to confirm
compliance with the Conditional Use Permit. If the facility is being used inconsistently with
the approved Use Permit or is not complying with any of the conditions, a public hearing
before the Planning Commission may be required. Additionally, any alteration, demolition,
reconstruction or additions to the structure may require an amendment to the Use Permit.
4. The facility shall be limited to private, residential use by the owner and guests only. The
facility is not permitted to be used for commercial purposes or otherwise rented.
The facility's hours of operation, use by individuals who do not reside on the property, shall
be between 8:00 am and 10:00 pm on weekdays and between 9:00 am and 10:00 pm on
weekends, and all use of the facility shall be consistent with the limitation on persons and
sound -producing or amplifying devices during the "nighttime" as defined in the Town's
Noise Ordinance (Chapter 2 of Title 5).
6. The facility's exterior lights shall be turned off between the hours of 10:00 pm and 8:00 am
on weekdays and 10:00 pm and 9:00 am on weekends consistent with the hours of operation
listed herein.
7. Events or parties hosted at the facility shall be for private use by the owner and shall not be
commercial or for-profit.
No parking is allowed on Ciceroni Lane for gym activities.
Project approval may be appealed if done so in writing within 23 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
Resolution 72-23 Page 5
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 (March 4, 2024).
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 72-23 Page 6
EXHIBIT C
SITE DEVELOPMENT PERMIT CONDITIONS OF APPROVAL
13891 Ciceroni Lane — File # SD20-0086
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.
3. The property owner shall dedicate to the Town a pathway easement wide enough to
accommodate a Type 2B pathway along Fremont Road. Easement width to be determined
by Planning Department and Pathways Committee in cooperation with the property owner.
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.
Plat map and legal description of agreed upon easement shall be submitted to and approved
by the Town prior to Building Permit Issuance and recorded prior to final inspection.
4. 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.
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. North facing windows shall have automatic coverings or window tinting. Automatic
coverings shall be shown on building permit plan set. Window tinting shall be noted on
building permit plan set.
7. Skylights shall have automatic coverings to reduce light emission at night. Automatic
coverings shall be shown on building permit plan set.
8. Remove three (3) wall sconces on eastern wall at bocce ball court to one (1) for the doorway.
Resolution 72-23 Page 7
9. Remove five (5) recessed lights at northern roof overhang to two (2) over the rock climbing
wall.
10. Pathways within setbacks shall not exceed four feet in width. Stairways are not permitted
within setbacks.
11. 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.
12. 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.
13. Fire retardant roofing (Class A) is required for all new construction.
14. 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.
15. All construction shall comply with Section R337 of the 2019 California Residential Code
(Materials and Construction Methods for Exterior Wildfire Exposure).
16. 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.
17. All exterior lighting fixtures shall be down directed or shielded non-movable fixtures.
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.
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.
Resolution 72-23 Page 8
20. 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.
21. 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 building permit issuance. 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.
22. 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. 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 structure. The landscape screening plan shall comply with Section 10-2.809 (water
efficient landscaping) of the Los Altos Hills Municipal Code.
23. A $5,000 landscape maintenance and water usage deposit shall be paid to the Town prior to
final inspection of the new structure. 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. Inadequate
maintenance of installed landscape screening and/or water usage greater than the annual
usage indicated on the approved parcel water budget worksheet, may result in complete
forfeiture of this deposit.
24. 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 gym 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 structure shall be similarly certified in writing to state that "the elevation
of the new structure 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.
25. 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 structure complies with the 27'
maximum structure height, measured as the vertical distance at any point from the bottom of
the crawl space or basement ceiling if excavated below natural grade, to the highest part of
the structure directly above (including roof materials)." The overall structure height shall be
similarly certified in writing and state that "all points of the building (including chimneys
and appurtenances) lie within a thirty-five (35') foot horizontal band based, measured from
Resolution 72-23 Page 9
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
26. 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.
27. 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.
28. 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.
29. The property owner shall provide the Town with high-quality color photographs of the
existing conditions of the roadways and pathways, at time of submittal for building permit.
30. 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, at time of submittal for building permit. An encroachment permit shall be
required for all work proposed within the public right of way prior to start of work.
31. The property owner shall provide a copy of the Residential Service Design Load Information
to the Public Works Department, at time of submittal for building permit.
32. 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, prior to
acceptance of plans for building permit plan check. The grading/construction operation
plan shall address truck traffic issues regarding dust, noise, and vehicular and pedestrian
traffic safety on Ciceroni Lane and surrounding roadways; storage of construction materials;
placement of sanitary facilities; parking for construction vehicles; and parking for
construction personnel. A debris box (trash dumpster) shall be placed on site for collection
of construction debris. Arrangements must be made with the GreenWaste Recovery, Inc.
for the debris box, since they have a franchise with the Town and no other hauler is allowed
within the Town limits.
33. The property owner shall pay a pathway fee of $10,943, prior to building permit issuance.
34. 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
Resolution 72-23 Page 10
Engineering Department and any deficiencies corrected to the satisfaction of the Engineering
Department.
35. 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.
36. The Engineer of Record shall observe the installation of the drainage system, construction of
the energy dissipators, and completion of the grading activities and state that items have been
installed and constructed per the approved plans. A stamped and signed letter shall be
prepared and submitted to the Town, prior to final inspection.
37. All areas on the site that have the native soil disturbed shall be protected for erosion control
during the rainy season and shall be replanted, prior to final inspection.
38. The property owner shall inform the Town of any damage and shall repair any damage caused
by the construction of the project to pathways, private driveways, and public and private
roadways, prior to fznal inspection.
FIRE DEPARTMENT
39. 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 structure.
40. 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.
41. 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.
42. 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.
Resolution 72-23 Page 11
43. Provide an access driveway with a paved all weather surface capable of supporting apparatus
weighing at least 75K pounds, a minimum unobstructed width of 14 feet, vertical clearance
of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside,
and a maximum slope of 15%. Installations shall conform to Fire Department Standard
Details and Specifications sheet D-1.
Project approval may be appealed if done so in writing within 23 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 (March 4,
2024). 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 72-23 Page 12