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HomeMy WebLinkAboutItem 3.13.1 TOWN OF LOS ALTOS HILLS September 4, 2008 Staff Report to the Planning Commission RE: CONSIDERATION OF A MOTION TO RESCIND CONDITION OF APPROVAL #27 REQUIRING THE DEDICATION OF A PATHWAY EASEMENT ON THE PROPERTY; LANDS OF BURGER; 11580 OLD RANCH ROAD; FILE 412-08- ZP-SD-GD. FROM: Brian Froelich, AICP, Associate Planner'g� APPROVED BY: Debbie Pedro, AICP, Planning Director RECOMMENDATION That the Planning Commission: Rescind condition of approval #27 and require that the applicant pay the standard pathway in -lieu fee as recommended by the Pathways Committee. DISCUSSION The site development permit for a new residence and Grading Policy Exception at 11580 Old Ranch Road was approved with conditions by the Planning Commission at the regular meeting on July 17, 2008. Following the meeting, two Planning Commissioners appealed the project based on condition #27, which required that the property owner dedicate an existing, private equestrian easement onsite to the Town for public use as part of the Pathways system. When the application was initially reviewed by the Pathways Committee, there was some confusion about whether the existing equestrian easement was a public easement and also whether the Old Ranch Subdivision area had been considered during the latest Pathways Map update. Following the appeal, the Pathways Committee held a special meeting on August 19, 2008 to discuss the recommendation and consider changes in light of the most current information. The item was continued to the regular meeting on August 25, 2008 and the Committee voted 9-1 to change the recommendation to the standard pathway in -lieu fee per Section 10-1.608 of the Los Altos Hills Municipal Code. The amended condition is as follows: Condition #27` The property owner shall pay a pathway fee of $50.00 per linear foot of the average width of the property, prior to final inspection of the new residence." ATTACHMENTS 1. Approved conditions of approval with recommended condition #27 2. Pathways Committee draft meeting minutes August 19, 2008 3. Pathways Committee draft meeting minutes August 25, 2008 Planning Commission Lands of Burger September 4, 2008 Page 2 of 8 ATTACHMENT 1 CONDITIONS FOR SITE DEVELOPMENT PERMIT FOR A NEW RESIDENCE DRIVEWAY SWIMMING POOL AND GRADING POLICY EXCEPTION LANDS OF BURGER, 11580 OLD RANCH ROAD File #12-08-ZP-SD-GD A. PLANNING DEPARTMENT: 1. No other modifications to the approved plans are allowed except as first reviewed and approved by the Planning Director or the Planning Commission, depending on the scope of the changes. 2. 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. Plantings shall be adequate to break up the bulk of the new residence from surrounding properties and streets. 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. 3. A landscape maintenance deposit in an amount determined by the Site Development Committee shall be posted prior to final inspection. An inspection of the landscape to ensure adequate establishment and maintenance shall be made two years after the installation. The deposit will be released at that time if the plantings remain viable. 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. Prior to beginning any grading operation, all heritage oak trees, shall be fenced at the drip line. The fencing shall be of a material and structure Planning Commission Lands of Burger September 4, 2008 Page 3 of 8 Prior to beginning any grading operation, all heritage oak trees, shall 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 in place 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. Prior to requesting the foundation inspection, a registered civil engineer or licensed land surveyor shall certify in writing and state that "the location of the residence and roof eaves and swimming pool are no less than 40' from the front property line and 30' from the side and rear property lines." The elevation of the residence shall be similarly certified in writing to state that "the elevation of the residence matches the elevation and location shown on the approved Site Development plan." The applicant shall submit the stamped and signed letter(s) to the Planning Department prior to requesting a foundation inspection. Prior to requesting the final framing 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 27'-0" 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 framing inspection. 8. Air conditioning units shall be located a minimum of 40' from the front property line and 30' from the side and rear property lines. 9. No new fencing or gates are approved. Any new fencing or gates shall require review and approval by the Planning Department prior to installation. 10. If utilized, skylights shall be designed and constructed to reduce emitted light. No lighting may be placed within skylight wells. Planning Commission Lands of urger September 4, 2008 Page 4 of 8 11. All new exterior lighting fixtures shall have whitelrostedletched glass enclosures or be shielded light fcctures. Seeded or bent glass is not acceptable. No landscape or site lighting is approved with this plan. Landscaping and site lighting shall be reviewed with the landscape screening plan. All lighting must comply with the Town's Lighting Policy prior to final inspection. 12. Fire retardant roofing (class A) is required for all new construction. 13. Properties must pay School District (Los Altos or Palo Alto) fees prior to acceptance of plans for building plan check from Los Altos Hills. The applicant most take a copy of required fee payment forms that have been completed by the Town to both the elementary and high school district offices, pay the appropriate fees and provide the Town with a copy of their receipts. 14. 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. 15. Standard swimming pool conditions: a. Lights shall be designed so that the source is not visible from off-site. It. Drainage outfall structures shall be constructed and located to the satisfaction of the City Engineer. c. Pool equipment shall be enclosed for noise mitigation and screening. The pool equipment enclosure shall be screened with landscaping and may not encroach into any required setbacks. 16. An ISA Certified Arborist shall certify in writing and state that "all of the recommendations in the Walter Levison reports dated August 20, 2007 and April I, 2008 were implemented during the construction process" The applicant shall submit wet signed letter(s) to the Planning Department prior to requesting a final inspection. Planning Commission Lands of Burger September 4, 2008 Page 5 of 8 B. ENGINEERING DEPARTMENT: 17. Peak discharge at 11580 Old Ranch Road, as a result of Site Development Permit 12-08, 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 peak discharge to the pre - development value. 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 peak runoff rate for a 10 -year term 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 and approval to the satisfaction of the City Engineer prior to acceptance of plans for building plan check. Prior to final inspection, a letter shall be submitted from the project engineer stating that the site grading and drainage improvements were installed as shown on the approved plans and in accordance with their recommendations. 18. Any, and all, changes to the approved grading and drainage plan shall be submitted as revisions from the project engineer and shall first be approved by the Town Engineering Department. No grading shall take place during the grading moratorium (October 15 to April 15) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line except to allow for the construction of the driveway access. 19. 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." 20. At the time of foundation inspection for the new residence and prior to final inspection, the location and elevation of the new residence shall be certified in writing by a registered civil engineer or licensed land surveyor as being in/at the approved location and elevation shown on the approved Site Development plan. At the time of framing inspection for the new residence, the height of each building shall be similarly certified as being at the height shown on the approved Site Development plan. 21. Two copies of an erosion and sediment control plan shall be submitted for review and approval by the Engineering Department prior to acceptance of plans for building plan check. 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. The first 100 feet Planning Commission Lands of Burger September 4, 2006 Page 6 of 8 of the driveway shall be rocked during construction and all cut and fill slopes shall be protected from erosion. 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. 22. Two copies of a grading and 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 plan check The grading/construction operation plan shall address truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic safety on Old Ranch Road and surrounding roadways, storage of construction materials, placement of sanitary facilities, parking for construction vehicles, clean-up area, and puking for construction personnel. A debris box (trash dumpster) shall be placed on site for collection of construction debris. Arrangements must be made with the Los Altos Garbage Company 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 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 photographs of the existing conditions of the roadways and pathways prior to acceptance ofplans for building plan check. 24. The property owner shall dedicate an additional 10' wide public right of way to the Town over Old Ranch Road to create a 50' radius right of way for the cul-de-sac. The property owner shall provide legal description and plat exhibits that are prepared by a registered civil engineer or a licensed land surveyor and the Town shall prepare the dedication document. The dedication document, including the approved exhibits, shall be signed and notarized by the property owner and returned to the Town prior to submittal ofplans for building plan check 25. The driveway shall be required to be fully constructed and to be roughened where the pathway intersects, to the satisfaction of the City Engineer, prior to final inspection. 26. The property owner shall be required to connect to the public sanitary sewer prior to final inspection. A sewer plan that is prepared by a registered civil engineer shall be required to be approved by the City Engineer prior to acceptance of plans for building plan check An as -built mylar shall be required to be submitted to the Town prior to final project approval. A sewer hook up permit shall be required by the Town's Public Planning Commission Lands of Borger September 6, 2008 Page 7 of 8 Works Department prior to submittal of plans for building plan check. An encroachment permit shall be required for all work proposed within the public right of way prior to start work. 27. The .._ ..ti ownef she11 dedietite a 10' wide pathway easement ent t_ the Te� eyeE the existing 15' wide pr-Wate "equestrian right of ways" eiRdisation sha4l be signed an netaFi....d by the .. .. te � and ..d nthe T..m% prier te The property owner shall pay a pathway fee of $50.00 per linear foot of the average width of the property, prior to final inspection of the new residence. 28. 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) to ensure that their recommendations have been properly incorporated. The consultant shall review the location and design of proposed drainage structures and dissipaters with respect to adverse impacts on erosion and slope stability. Also, the consultant shall provide appropriate seismic design parameters based on the 2007 CBC to comply with current building code requirments. The results of the Geotechnical Plan review shall be summarized by the geotechnical consultant in a letter and submitted to the Town Engineer for review prior to issuance of building permits. 29. Geotechnical Field 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 foundations and retaining walls prior to the placement of steel and concrete. As part of the field inspection, the consultant shall carefully inspect the basement excavation for indications of faulting or other adverse conditions which may affect the proposed development. Supplemental recommendations shall be provided as necessary to address any faulting hazards or adverse conditions revealed in the excavation. The results of these inspections and the as -built Planning Commission Lands of Burger September 4, 2008 Page 8 of 8 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 (granting of occupancy) project approval. C. FIRE DEPARTMENT: 30. An automatic residential fire sprinkler system approved by the Santa Clara County Fire Department shall be included in all portions of the proposed building. Three sets of plans prepared by a sprinkler contractor shall be submitted to the Santa Clara County Fire Department (14700 Winchester Blvd., 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 building. 31. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. Project approval may be appealed if done so in writing within 22 days of the date of approval. The building permit cannot be issued until the appeal period has lapsed. The applicant may submit construction plans to the Building Department after July 24, 2008 provided the applicant has completed all conditions of approval required prior to acceptance ofplans for building plan check Please call 650-941-7222 extension 235 to schedule a final inspection with the Planning and Engineering Departments at least two weeks prior to scheduling the final building inspection approval. CONDITION NUMBERS 5, 13, 17, 21, 22, 23, 24, 26, 27, AND 28 SHALL BE COMPLETED, REVIEWED, AND APPROVED BY TOWN STAFF PRIOR TO ACCEPTANCE OF CONSTRUCTION PLANS FOR PLAN CHECK BY THE BUILDING DEPARTMENT. NOTE: The Site Development permit is valid for one year from the approval date (until July 17, 2009). 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. Attachment 2 Los Altos Hills Pathway Committee DRAFT Minutes of Special Meeting August 19, 2008 1. ADMINSTRATIVE Chairman Ginger Summit called the meeting to order at 7:05 PM Members present Jim Bliss, Courtenay Corrigan, Nick Dunckel, Ginger Summit, Bill Silver, Bob Stutz, Jolon Wagner, Chris Vargas, Sue Welch Members absent: Anna Brunzell, Nancy Gmzton Members of public present: City Councilman Mike O'Malley Debbie Pedro, Los Altos Hills Planning Director Les Earnest, Secretary of the LAH Historical Committee Jim Abraham, Planning Commission John and Catherine Burger, owners 11580 Old Ranch Road Dave Namyst, Putter Way The agenda was approved. 1. COMMUNICATIONS FROM THE FLOOR 2. OLD BUSINESS A. 11580 Old Ranch Road (Lands of Burger). Consideration of an amendment to the recommendation for an off-road pathway easement on the property. This property was reviewed by the PWC on February 25, 2008 and again on March 22, 2008. The Burgers were present at the February meeting. The unanimous PWC recommendation at that time was to maintain the existing equestrian easements along two sides of the property as pathway easements. At that time, the PWC understood that this recently annexed part of Town had not been reviewed for the 2005 Master Path Plan (MFP) and Town staff had indicated that the equestrian easements in the Foothill Ranch subdivision could be dedicated to the Town as pathway easements as the properties came up for development. This area of Town has few pathways and it would be desirable to provide routes that are not on Ravensbury, which is a busy, narrow, winding road. The easements in Foothill Ranch, including those on 11580 Old Ranch Road, would provide a connection to a nearby existing pathway along a utility easement. This route would allow pedestrians and equestrians to avoid walking along Ravensbury. In its review, the Planning Commission argued that the Town could not require easements for an off-road pathway on this property because these easements are not included on the 2005 MPP. LAH Planning Director, Debbie Pedro asked the PWC to consider amending the previous recommendation requesting pathway easements on this property. Today's special PWC meeting was called to address this issue. Debbie Pedro, LAH Planning Director reviewed the following materials: 1) A page of the Title Report (Old Republic Title Company Order no. 0623003840 -LM). describing thel5-foot "Equestrian Right of Way" 2) Parcel map for Tract No. 1184 (Foothill Ranch, September 16, 1953) showing the Burger's lot and other lots in the subdivision. The map shows the easements and states: "We also dedicate the overhang and drainage easements as shown. We also dedicate for use of owners within the subdivision the Equestrian Right of Ways." 3) LAH Ordinance Sec 10-2.606 Dedication of Pathway Easements, which states that "the Site Development Authority may require the dedication of an easement for public use as part of DraftPWC_Mln_ogigo8(2).dor 8/28/08 the Town's pathways system"..." on a property which is designated on the Master Path Plan for an off-road pathway...". 4) MPP notes recommending that the easement on the existing P.U.E. be retained on the MPP because it is safer than the roadside along Magdalena. Nothing pertaining to the Old Ranch Road easements is included in these MPP notes. These materials show that the Foothill Ranch subdivision was created in 1953 prior to the incorporation of LAH and that the "Equestrian Rights of Way" in the subdivision are intended for use by people living in the subdivision. These easements have not been formally dedicated to the Town. The property owners, John and Catherine Burger, said that they had understood that these Equestrian Rights of Way were only for use of subdivision owners and were not for general public access. They want to keep the easements private. Dave Namyst, a resident of Putter Way (just east of the subdivison in the unincorporated part of Santa Clara County) asked the PWC to reconsider its recommendation and not require these easements. He said the paths are not very useful, are not walkable now and are unlikely to be used. Les Eamest, secretary of the LAH Historical Committee and former PWC member suggested a "top down" approach beginning with a decision about whether or not to amend the MPP for this part of Town and if so, whether or not to include these specific routes. Carol Gottlieb, former PWC member, said that off-road pathways through this area would provide valuable emergency access routes. She further noted that the pathway along the PUE has been is use for years. The PWC discussed the new information presented and the pros and cons of changing the committee's previous recommendation. Issues discussed included: 1) The potential value of the proposed pathways through this area and whether they meet the criteria used to select paths to be included in the MPP (e.g., the proposed pathway should provide connectivity, or complete a loop, or have scenic value, or provide emergency access, and should not be redundant). 2) Whether this recently annexed part of Town was adequately considered during the 2005 MPP process. Opinions by MPP participants and others differed on this. Mike O'Malley pointed out that this part of Town was annexed in 2002, well before the MPP was completed. 3) The need for off-road pathways in this part of LAH, especially to help get pedestrians and riders off Ravensbury, which is a busy narrow road 4) Balancing privacy issues and the needs of the community 5) Whether to reevaluate this area to try to determine if it warrants amending the MPP Some members of the PWC thought it would be helpful to visit the area again during the Saturday August 23 pathway walk before making a final decision. Chairman Summit suggested possible alternatives that could be brought to a vote: 1) Withdraw the committee's previous recommendation requiring that the owners dedicate the pathway easements 2) Review the area and consider a possible amendment to the MPP 3) Re-visit the site on Saturday and make a final decision on Monday A vote was taken on whether to revisit the area and make a final decision at the PWC meeting on Monday, August 25, 2008. The vote was 6 in favor, 2 opposed, and one abstention. The PWC will revisit the site and make a final decision on Monday, August 25. The meeting was adjourned at 8:45 PM DraftPWC_Min_081908 (2).doc 8/28/08 2 Respectfully submitted, Sue Welch, August 25, 2008 DraftPWC_Miu_08t908(2).doc 8/28/08 Attachment 3 Los Altos Hills Pathway Committee DRAFT NOT REVIEWED BY PWC Minutes of Meeting of August 25, 2008 1. ADMINSTRATFVE Chairman Ginger Summit called the meeting to order at 7:05 PM Members present Jim Bliss, Courtenay Corrigan, Nick Dunckel, Nancy Gfnzton Ginger Summit, Bill Silver, Bob Stutz, Jolon Wagner, Chris Vargas, Sue Welch Members absent: Anna Brunzell Members of public present City Councilman Mike O'Malley Debbie Pedro, Los Altos Hills Planning Director Jim Abraham, Planning Commission? John Burger, owner 11580 Old Ranch Road Others (unrelated to this issue) The agenda was approved as amended. 1. COMMUNICATIONS FROM THE FLOOR 2. OLD BUSINESS A. 11580 Old Ranch Road (Lands of Burger)_ Consideration of an amendment to the recommendation for an off-road pathway easement on the property. This property was reviewed by the PWC on February 25, 2008 and again on March 22, 2008. The Burgers were present at the February meeting. The unanimous PWC recommendation at that time was to maintain the existing equestrian easements along two sides of the property as pathway easements. At that time, the PWC understood that this recently annexed part of Town had not been reviewed for the 2005 Master Path Plan (MPP) and Town staff had indicated that the equestrian easements in the Foothill Ranch subdivision could be dedicated to the Town as pathway easements as the properties came up for development. In its review, the Planning Commission argued that the Town could not require easements for an off-road pathway on this property because these easements are not included on the 2005 MPP. At the request of the Planning Director, a Special Meeting of the PWC was held on August 19, 2008 to review the PWC recommendation. At that meeting Debbie Pedro, LAH Planning Director presented materials showing that the "Equestrian Rights of Way" in the Foothill Ranch subdivision are private easements intended for use by people living in the subdivision. These easements have not been formally dedicated to the Town. The property owners, John and Catherine Burger, and a neighbor, Dave Namyst (Puffer way) expressed the desire to keep these easement private. None of the easements in this area except the one along the P.U.E. are shown on the MPP approved by Council in 2005. The PWC revisited the area on Saturday, August 23. At tonight's meeting, the PWC discussed the pros and cons of revising the original recommendation in light of the additional information. It was generally agreed that this area of Town has few pathways and that it would be desirable to provide paths off Ravensbury, which is a busy, narrow road. The easements in Foothill Ranch subdivision, including those on 11580 Old Ranch Road, could provide a connection to a nearby existing pathway along a utility easement and allow pedestrians and equestrians to avoid Ravensbury. Alternate routes involving on -road pathways along the wide streets in the area (e.g., Old Ranch Road or Crestridge Drive) are also possible. These on -road routes have the advantage of requiring easements on fewer properties. DraftPWC_Min_o82508 (2).doc 8/28/o8 Although pathways are needed in this area, the Title Report and parcel maps clearly state that these are private easements. As such, the Town has no authority over them. Further, this off-road route does not appear on the 2005 MPP and Town ordinances do not permit dedicating easements for off-road paths that are not shown on the MPP. Chris Vargas moved that the PWC adjust the original recommendation to dedicate an easement for a II10 pathway on 11580 Old Ranch Road and instead to collect an pathway in -lieu fee. Courtenay Corrigan seconded. The vote was 9 in favor and 1 opposed. Respectfully submitted, Sue Welch, August 27, 2008 DraftPWC_Min_o8z5o8(2).doc 8/28/08