HomeMy WebLinkAboutPC 04-23RESOLUTION PC 04-23
RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF LOS ALTOS
HILLS MAKING A CATEGORICAL EXEMPTION DETERMINATION UNDER CEQA
AND APPROVING A SITE DEVELOPMENT PERMIT FOR A NEW SINGLE-FAMILY
RESIDENCE, SPA, AND ASSOCIATED IMPROVEMENT AT 10701 MAGDALENA
ROAD AND IMPOSING CERTAIN CONDITIONS OF APPROVAL
WHEREAS, The Town of Los Altos Hills received an application for a Site Development Permit
(SD22-0042) from the property owners, Arden Ng, for a new single-family residence, spa, and
associated improvement that required a Grading Policy Exception at 10701 Magdalena Road
("Project"); and
WHEREAS, based on the record presented before it, the project is exempt from the provisions of
the California Environmental Quality Act (CEQA) pursuant to Section 15301(1)(1) and 15303(a)
as the project scope includes demolition of an existing dwelling for a new residence; 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
February 2, 2023, and after consideration and deliberation continued the item to a date uncertain
to allow the applicant to make revisions to the plans in response to the Commission's comments;
WHEREAS, on May 19, 2023, the applicant submitted design drawing revisions in response to
the Commission's comments and where, the project was redesigned to not require a Grading Policy
Exception; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the project on July
13, 2023, and considered all evidence, testimony, written documentation, and public comments;
and
NOW, THEREFORE, based on the entirety of the record before it, the Planning Commission
of the Town of Los Altos Hills hereby finds that the Project is exempt from CEQA pursuant to
CEQA Guidelines Section 15301(1)(1) and 15303(a) and approves the Site Development Permit.
The conditions of approval for the Site Development Permit (SD22-0042) for a new residence at
10701 Magdalena Road shall be revised as set forth in the record of July 13, 2023, public hearing.
Town staff is hereby directed to prepare an updated list of the revised conditions of approval in
accordance with the hearing records and attached hereto and incorporated herein as Exhibit A.
Resolution PC 04-23 Page I
The above and foregoing Resolution was passed and adopted by the Planning Commission of the
Town of Los Altos Hills at a special meeting held on the 13th day of July 2023 by the following
vote:
AYES: Couperus, Patel, Waschura
NOES: Bredo, Indaco
ABSTAIN: None
ABSENT: None
By:
Alisa Bredo, hair
ATTEST:
N ---P
Elaine Ling, Interim mmunity Development Director
Resolution PC 04-23 Page 2
EXHIBIT A
CONDITIONS OF APPROVAL
Lands of Ng —10701 Magdalena Road — File# SD22-0042
PLANNING DEPARTMENT
1. No other modifications to the approved plans submitted on December 21, 2022, 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. All conditions of approval shall be printed on plans submitted for building permit plan check.
3. 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 project shall be 24
months from the date of Building Permit issuance. Failure to complete the project in the
allotted time may result in substantial penalties and fees.
4. Applicant shall be responsible at its sole costs and expense for providing the access
improvement required by the Santa Clara County Fire Department within the 30 -foot -
wide existing easement and not encroach onto neighboring private properties. The
applicant shall coordinate with the neighboring property owners for the improvement
with respect to construction hours, traffic, and confirming property boundaries.
5. The property owner shall grant an Open Space Easement to the Town that encompasses
those portions of the property with slope greater than 30 percent, as identified on Sheet
A1.Oa of the approved plan submitted on May 19, 2023. Native vegetation may be
planted within the easement and irrigation or sprinkler systems are only permitted to
establish the native vegetation. The property owner shall provide legal description and
plat exhibit(s) 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.
6. Prior to requesting the final inspection, the property owner shall prune the grove of oak
trees on the subject property, adjacent to 10791 Magdalena Road, under the
supervision of a certified arborist. The arborist shall certify in writing that the pruning
was performed under their supervision. The applicant shall submit the signed letter(s)
to the Planning Department prior to requesting a final inspection. The intent of this
condition is to limit view obstruction per LAHMC Title 5, Chapter 8. Ongoing
maintenance shall follow the standard procedures in LAHMC Title 5, Chapter 8.
7. 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 at time of submittal
for building plan check. All applicable structures shall be painted in conformance with the
approved color(s) prior to final inspection.
Resolution PC 04-23 Page 3
8. Roof eaves of all structures shall not encroach into the required side and rear yard setbacks.
The roof eaves shall be shown on the site and civil plans in the construction drawings.
9. No new fencing is approved with this site development permit. Any additional or modified
fencing or gates shall require review and. approval by the Planning Department with the
required landscape screening plan and prior to installation.
10. 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.
11. Prior to building permit issuance, the property owner shall submit revised drawings
illustrating a minimum 3 -foot -tall planter box with screening plants at the westerly edge of
the loft deck for Planning Staff review and approval.
12. 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.
13. 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 1st
of each year until the final approval of the project.
14. 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 Site Development Committee. 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 streets.
In review of the landscape screening plan, the Committee shall ensure proposed shrubs and
trees are selected such that mature growth does not negatively impact the views of adjacent
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.
15. A $5,000 landscape maintenance and water usage deposit shall be paid to the Town prior to
final inspection of the new residence. Two years after the project has been completed, the
applicant shall furnish staff with the last 12 months of 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.
Resolution PC 04-23 Page 4
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 any 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. 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
proposed 21'-2" 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.
18. 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 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.
ENGINEERING DEPARTMENT
19. 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
moratorium (October 1" to April 30t) except with prior approval from the City Engineer. No
grading shall take place within ten feet of any property line.
20. 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.
21. All public utility services serving the new residence 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.
Prior To Building Plan Check
Resolution PC 04-23 Page 5
22. 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 weeps 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 Magdalena Road, 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 Green.Waste Recovery, Inc. for
the debris box since they have a franchise with the Town and no other hauler is allowed
within the Town limits.
23. The property owner shall provide the Town with high-quality color photographs of the
existing conditions of the roadways and pathways two weeps prior to acceptance of plans for
building plan check.
24. The property owner shall pay a pathway fee of $10,943 prior to acceptance of plans for
building plan check.
25. 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.
At Building Plan Check
26. 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.
27. 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.
Prior To Final Approval
28. 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.
29. 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.
30. 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.
Resolution PC 04-23 Page 6
FIRE DEPARTMENT
31. An approved AMMR is included in this project. See PC 22-3976 and sheet AO.1.
32. Fire Sprinklers Required: (As Noted on Sheet AO) An automatic residential fire
sprinkler system shall be installed in one- and two-family dwellings as follows: 1) In all
new one- and two-family dwellings. 2) In existing one- and two-family dwellings where
during the process of a remodel and/or addition, the existing roof structure (joists,
rafters, etc.) is removed over an area that exceeds 75% of the existing dwelling floor
area. For any disagreement on the amount of roof structure being removed, a State of
California licensed architect or structural engineer shall be utilized to calculate the
percentage of the roof to be replaced. 3) In existing one- and two-family dwellings when
additions are made that increase the building area by 50% or more. 4) In all attached
Accessory Dwelling Units, additions or alterations to an existing one- and two-family
dwelling that have an existing fire sprinkler system. 5) In all new basements and in
existing basements that are expanded by more than 50 percent. Exceptions: Detached
Accessory Dwelling Units (ADUs), provided that all of the following are met: a) The
unit meets the definition of an Accessory Dwelling Unit as defined in the Government
Code Section 65852.2. b) The existing primary residence does not have automatic fire
sprinklers. c) The detached ADU does not exceed 1,200 square feet in size. d) The unit
is on the same lot as the primary residence. e) The unit meets all access and water supply
requirements of Chapter 5 and Appendix B and C of the 2019 California Fire Code. A
modified fire sprinkler system will be installed.
33. Residential Turnouts Required: (As Noted on Sheet AO & C-1.1) Residential turnouts
are required every 500 feet for driveways in excess of 500 feet. Dimensions shall be in
accordance with SCCFD Standard Details & Specifications D-1. Turnout to be installed
with the AMMR.
34. Fire Department (Engine) Turnaround Required: (As Noted on Sheet A1.2) Dead-end
fire apparatus access roads in excess of 150 feet in length shall be provided with an
approved area for turning around fire apparatus. Provide an approved fire department
engine driveway turnaround with a minimum radius of 36 feet outside and 23 feet
inside. Maximum grade in any direction shall be 5%. Installations shall conform with
Fire Department Standard Details and Specifications D-1. [CFC Section 503.2.5].
35. Emergency Gate / Access gate Requirements: (As Noted on Sheet ALO & C-2.1) Gate
installations shall conform with Fire Department Standards Details and Specifications
D-1 and, when open shall not obstruct any portion of the required width of 12' for
emergency access roadways or driveways. Locks, if provided, shall be free department
approved prior to installation. Gates across the emergency access roadways shall be
equipped with an approved access devices. If the gates are operated electrically, and
approved Knox key switch shall be installed; if they are operated manually, then an
approved Knox padlock shall be installed. CFC Sec. 503.6 and 506.
36. Required Fire Flow: The minimum require fireflow for this project is 750 Gallons Per
Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of
Resolution PC 04-23 Page 7
automatic fire sprinklers per CFC [903.3.1.3] AMMR approved with V-A construction
type.
37. Fire Apparatus (Engine) Access Driveway Required: (As Noted on Sheet A1.0) An
access driveway shall be provided having an all-weather surface of either asphalt,
concrete or other engineered surface capable of supporting 75,000 pounds and
approved by a civil engineer. It shall have a minimum unobstructed width of 12 feet,
vertical clearance of 13 feet 6 inches, minimum turning radius of 40 feet outside, and a
maximum slope of 15%. Installations shall conform to Fire Department Standard
Details and Specifications sheet D-1.
38. Water Supply Requirements: (As Noted on Sheet AO) Potable water supplies shall be
protected from contamination caused by fire protection water supplies. It is the
responsibility of the applicant and any contractors and subcontractors to contact the
water purveyor supplying the site of such project, and to comply with the requirements
of that purveyor. Such requirements shall be incorporated into the design of any water-
based fire protection systems, and/or fire suppression water supply systems or storage
containers that may be physically connected in any manner to an appliance capable of
causing contamination of the potable water supply of the purveyor of record. Final
approval of the system(s) under consideration will not be granted by this office until
compliance with the requirements of the water purveyor of record are documented by
that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health
and Safety Code 13114.7.
39. Address identification: (As Noted on Sheet A1.0) New and existing buildings shall have
approved address numbers, building numbers or approved building identification
placed in a position that is plainly legible and visible from the street or road fronting
the property. These numbers shall contrast with their background. Where required by
the fire code official, address numbers shall be provided in additional approved
locations to facilitate emergency response. Address numbers shall be Arabic numbers
or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with
a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private
road and the building cannot be viewed from the public way, a monument, pole or other
sign or means shall be used to identify the structure. Address numbers shall be
maintained. CFC Sec. 505.1.
40. Construction Site Fire Safety: (As Noted on Sheet AO) All construction sites must
comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and
Specification S1-7. Provide appropriate notations on subsequent plan submittals, as
appropriate to the project. CFC Chp. 33.
Resolution PC 04-23 Page 8