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HomeMy WebLinkAbout3.2 TOWN OF LOS ALTOS HILLS January 8,2004 Staff Report to the Planning Commission RE: SITE DEVELOPMENT PERMIT FOR HARDSCAPE IMPROVEMENTS AND VARIANCE TO ENCROACH INTO THE 40-FOOT FRONT YARD SETBACK; LANDS OF CHOPRA AND BANERJEE; 13212 EAST SUNSET DRIVE; FILE #244- 03-ZP-SD-VAR. FROM: Angelica.Herrera Olivera,Assistant Planner . APPROVED BY: Carl Cahill, Planning Director RECOMMENDATION That the Planning Commission: 1. Approve the Site Development Permit and variance to encroach into the 40-foot front yard setback by up to 19 feet subject to the attached findings and conditions of approval. BACKGROUND Site Data: The subject property is a 1.34-net acre parcel located off of East Sunset Drive. The Gross Lot Area: 1.34 acres surrounding properties include the Jesuit Retreat Net Lot Area: 1.34 acres House in Los Altos, as well as, a few two-story Average Slope: 29.2% single-family residences. Staff's review of the Lot Unit Factor: 0.79 property microfiche revealed legal nonconforming development square footage and an existing residence currently located within the 40-foot front yard setback with benefit of Town permits. Floor Area and Development Area: Area Maximum Proposed Existing Increase Left Development 10,540 10,540 10,240 300 0 Floor 5,000 4,243 4,243 0 757 CODE REQUIREMENTS As provided for in the Zoning Code, the Planning Commission shall act as the permitting body for all applications involving requests to encroach into any setback by more than two (2) feet and measuring greater than 150 square feet of area. Section 10-1.1107(2) of the Zoning Ordinance outlines four findings that must be made to support a variance from the Zoning Code, in this case to approve encroachment into the front yard setback. The approval of a variance also requires that the Planning Commission approve certain findings. The applicant has prepared findings for the proposed variance in Attachment 2 for the Commission's review. t - Planning Commission y Lands of Chopra ' January 8,2004 Page 2 of 5 DISCUSSION The proposed patio area with BBQ, sink, and counter encroach up to 19 feet into the 40-foot front yard setback. The proposed location of the patio and BBQ area is almost 10' above the level of East Sunset Drive, which encompasses approximately 75 percent of the property. The street frontage nearest , the proposed ' p location of the patio area is screened with tall oleanders and Eucalyptus trees as seen in the photo to the left. The BBQ, sink, and counter area is proposed to be located directly behind the Eucalyptus trees shown in the photo to the right of the utility pole and appear to not be directly visible from neighboring properties or East Sunset Drive. The roofline of the nearest residence is located below the street level of East Sunset Drive to the southeast. Variance Pursuant to Section 10-1:1107(2)(b) of the Municipal Code, the Planning Commission must make four findings in order to approve a Variance. The Commission must find that there are exceptional or extraordinary physical circumstances on the lot, which create a practical hardship for the applicant to comply with the provisions of the Code. The current shape, topography, location, and surroundings of the subject property appear to pose a practical hardship for the applicant to comply with the setback ordinance. The topography of the subject property provides limited opportunities of flat developable area on the lot. Proposing the patio area on the flat area located to the north of the residence would separate the BBQ area from the kitchen area located on the southeastern corner of the residence. Furthermore, the flat area located to the north is slightly more visible from the northeastern portion of East Sunset Drive. The proposed location appears to be adequately screen from adjacent properties and East Sunset Drive. The Commission must also find that granting the variance will maintain the intent and purpose of the setbacks ordinance and will not provide special privileges to the applicant. In this application, the peace and privacy of the neighborhood, aesthetic appearance of the vegetation and tree screening, and rural ambience of the Town is maintained. Furthermore, the proposed development square footage is within the legal non-conforming limits for the subject property. The applicant has prepared findings for approval to encroach into the 40-foot front yard setback,included as Attachment 2. Planning Commission Lands of Chopra January 8,2004 Page 3 of 5 Committee Review The Environmental Design Committee reviewed the plans and visited the site. The Committee requested that the existing pool equipment be enclosed and that the height and color of the existing retaining wall along the eastern edge of the swimming pool be mitigated. Staff has included condition of approval #6 requesting that the recently approved pool equipment be fully enclosed (with solid walls and a roof) to mitigate for noise and that the existing retaining wall with a height exceeding 3' be screened with tall-growing shrubs and medium height trees. SUMMM The proposed location of the patio and BBQ area appears unobtrusive from neighboring properties and East Sunset Drive. Staff has recommended condition of approval #4 restricting the possibility of partially or fully enclosing the portion of patio located within the front yard setback. At the date of this staff report, no neighbors have objected to the variance application. Staff is available to answer any questions that the Commission or the public may have. ATTACHMENTS 1. Recommended Conditions of Approval; 1 2. Findings for Approval,prepared by the applicant; 3. Worksheet#2; 4. Environmental Design Committee comments, date received December 17, 2003; 5. Development plans. cc: Ajay Chopra and Shyamoli Banedee 13212 East Sunset Drive Los Altos Hills, CA 94022 Planning Commission Lands of Chopra January 8,2004 Page 4 of 5 ATTACHMENT I RECOMMENDED CONDITIONS FOR SITE DEVELOPMENT PERMIT FOR HARDSCAPE IMPROVEMENTS AND VARIANCE TO ENCROACH INTO THE 40-FOOT FRONT YARD SETBACK LANDS OF CHOPRA, 13212 EAST SUNSET DRIVE File#244-03-ZP-SD-VAR A. 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. A total of 86 square feet of development area is required to be demolished and replanted prior to final inspection of the BBQ patio area. Otherwise, this permit for hardscape improvements and variance to encroach into the 40-foot front yard setback is null and void. 3. Prior to submittal ofplans for building plan check, the applicant shall submit to the Planning Department, for review and approval, a revised development area diagram, with calculations, for all existing and proposed development area on the property. 4. Prior to submittal ofplans for building plan check, the applicant shall submit a signed and notarized disclosure statement(provided by the Town) stating that the patio and BBQ area located within the front yard setback shall not be partially or fully enclosed(including gazebos). 5. A final letter from a land surveyor or registered civil engineer shall be submitted to the Planning Department prior to final inspection certifying the size, shape, and location of the BBQ patio area (including the BBQ, sink, and counter) to be no greater in size, shape, and location than shown on the approved site plan. 6. Prior to final inspection of the BBQ patio area, the applicant shall fully enclose the pool equipment with a solid wall and roof enclosure and shall install tall-growing shrubbery and medium-height trees to screen the pool equipment enclosure and retaining walls east of the swimming pool (height exceeding 3 feet) from East Sunset Drive. 7. Any required permits shall be issued by the Building Department, prior to commencement of work on hardscape improvements and BBQ, sink, and counter. Planning Commission Lands of Chopra ' January 8,2004 Page 5 of 5 B. ENGINEERING DEPARTMENT: 8. Upon completion of construction and replanting, a final inspection shall be set with the Planning Department and Engineering Department at least two weeks prior to final building inspection approval. 9. Any, and all, changes to the site plan shall first be reviewed and approved by the Town Engineering Department. No grading shall take place during the grading moratorium (November 1 to April 1) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line. 10. Any, and all, areas on the project site that have the native material disturbed shall be protected for erosion control during the rainy season and shall be replanted prior to final inspection of the hardscape improvements. CONDITION NUMBERS 3 AND 4 SHALL BE COMPLETED AND SIGNED OFF BY THE PLANNING DEPARTMENT PRIOR TO SUBMITTAL OF PLANS FOR BUILDING PLAN CHECK. Variance Application for property on: 13212 East Sunset Drive ATTACHMENT cL Los Altos Hills, CA 94022. Findings: 1. Because of exceptional or extraordinary circumstances applicable to the subject property, including size, shape,topography, location, or surroundings, the strict application of the ordinance is found to deprive the property of privileges enjoyed by other properties in the vicinity and other identical zoning classifications. The parcel of 13212 E. Sunset Dr. is bordered on three sides by E. Sunset Drive(see page I of schematic) . The road is approx. 15 ft below the property in this location and the proposed Barbeque/Patio area is not visible from the road. Along the property fence, there are oleanders and other flowering bushes(see photo). The patio overlooks an open expanse of land, which is a part of the Jesuit Retreat and there are no houses visible from this area. We are well within the allowable Max Development Area and the topography of the lot justifies this proposed patio. 2. That upon granting of the Variance, the intent and purpose of the ordinance will still be served and the recipient of the Variance will not be granted special privileges not enjoyed by other surrounding property owners. The intent of the setback rule is to preserve the peace and privacy of the neighbors and rural ambience of the town, and not create an eyesore in the neighborhood. The location of the proposed BBQ area satisfies all these requirements. It is not visible from the road, which is about 15 ft below the property in this location;has oleanders and flowering bushes (see photo)to provide an aesthetic screen and no houses in the vicinity of the patio area.It overlooks an open preserve, which is a part of the Jesuit Retreat. It is totally unobtrusive and does not violate in any way the intent or purpose of the setback rule. As stated earlier, we are also well within the MDA as specified by the Town of LAH. All my neighbors have patios and BBQs and it is so common in my neighborhood that it is not considered a special privilege. 3. That granting the variance will not be materially detrimental to the public welfare or injurious to the property, improvement or uses within the immediate vicinity and within the same zoning district. No, it will not be detrimental to the public welfare or injurious to the property. As explained earlier,because of the uniqueness of this location, it is not visible from the road and has no houses around the patio area. 4. That the Variance will not allow a use or activity, which is not expressly authorized by the Zoning Ordinance. No. The patio/BBQ will be used for family gatherings and relaxing with family and friends in a peaceful environment. TOWN OF LOS'ALTOS.HILLS PLANNING DEPARTMENT ATTACHMENT 26379 Fremont Road-Los Altos Hills,California 94022-(650)941-7222-FAX(650)941-3160 -3 WORKSHEET#2 EXISTING AND PROPOSED DEVELOPMENT AREA AND FLOOR AREA •TURN IN WITH YOUR APPLICATION• PROPERTY OWNER'S NAME -1 PROPERTY ADDRESS CALCULATED BY TDAiE 1. DEVELOPMENT AREA Existing Proposed Total (SQUARE FOOTAGE) (Additions/Deletions) A. House and Garage(from Part 2.A.) Z! B Decking C. Driveway and Parking (Measured 100'along centerline) -711 D. Patios and Walkways 7 E. Tennis Court F. Pool and Decking G. Accessory Buildings(from Part B) H.. Any other coverage TOTALS 0, 2 -.40 Maximum Development Area Allowed-MDA(from Worksheet#1) 2. TOTAL IMPERVIOUS SURFACE Existing Proposed Total (SQUARE FOOTAGE) TOTALS 3. FLOOR AREA (SQUARE FOOTAGE) Existing Proposed Total (Additions/Deletions)A. House and Garage a. 1 A Floor > b. 2nd Floor . c. Attic and Basement d. Garage B. Accessory Buildings a. 1st Floor b. 2nd Floor c. Attic and Basement TOTALS Maximum Floor Area Allowed-MFA(from Worksheet 1) TOWN USE ONLY ICI-IECKED BY DATE • +—Je4rd ' 00% -jPauge mio Town of Los Altos Hills Rev.3/20/02 14 -C.6� ENVIRONMENTAL DESIGN COMMITTEE ATTACHMENT.� LANDSCAPE/HARDSCAPE EVALUATION Applicant's Name: Ca— Address: Reviewed by: i Date: Mitigation needed: Visibility from off site: from distance (directions), from nearby neighbors (directions) (include need for screening for privacy). Noise: from pump/pool air conditioner sport court Lights: from fixtures_ automobile headlights Fence materials: color _, open/solid Erosion control Other: Planting Plan Evaluation: (Circle required trees and shrubs on plan) Are species appropriate: Deciduous? Future height (view, solar, drive/path blockage) Fire hazard Hardiness/frost Drought tolerance Meet mitigation needs Creeks and drainage: Is there a conservation easement? Are there sufficient protections in place? Will fences impact wildlife migration? Invasive species should not be planted near a waterway. Other: Are there obstructions to pathways, including future growth of plants? Are all noise mitigations in place? No construction in road right-of-way. �a- 17 ------ ---- ----. .:r�-�c: ? �.���/ ,� �� . , �� �� ����'� � � �� ,���� � � . ��`�� RECOMMENDED CONDITIONS FOR SITE DEVELOPMENT PERMIT FOR HARDSCAPE IMPROVEMENTS AND VARIANCE TO ENCROACH INTO THE 40-FOOT FRONT YARD SETBACK LANDS OF CHOPRA, 13212 EAST SUNSET DRIVE File#244-03-ZP-SD-VAR A. 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. A total of 86 square feet of development area is required to be demolished and replanted prior to final inspection of the BBQ patio area. Otherwise, this permit for hardscape improvements and variance to encroach into the 40-foot front yard setback is null and void. 3. Prior to submittal of plans for building plan check, the applicant shall submit to the Planning Department, for review and approval, a revised development area diagram, with calculations, for all existing and proposed development area on the property. 4. Prior to submittal of plans for building plan check, the applicant shall submit a signed and notarized disclosure statement (provided by the Town) stating that the patio and BBQ area located within the front yard setback shall not be partially or fully enclosed (including gazebos). 5. A final letter from a land surveyor or registered civil engineer shall be submitted to the Planning Department prior to final inspection certifying the size, shape, and location of the BBQ patio area (including the BBQ, sink, and counter) to be no greater in size, shape, and location than shown on the approved site plan. 6. Prior to final inspection of the BBQ patio area, the applicant shall fully enclose the pool equipment with a solid wall and roof enclosure and shall paint the retaining wall at the swimming pool to match the existing residence. 7. Any required permits shall be issued by the Building Department, prior to commencement of work on hardscape improvements and BBQ, sink, and counter. B. ENGINEERING DEPARTMENT: 8. Upon completion of construction and replanting, a final inspection shall be set with the Planning Department and Engineering Department at least two weeks prior to final building inspection approval. . Planning Commission Lands of Chopra January 8,2004 Page 2 of 2 9. Any, and all, changes to the site plan shall first be reviewed and approved by the Town Engineering Department. No grading shall take place during the grading moratorium (November 1 to April 1) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line. 10. Any, and all, areas on the project site that have the native material disturbed shall be protected for erosion control during the rainy season and shall be replanted prior to final inspection of the hardscape improvements. Upon completion of construction, a final inspection shall be set with the Planning Department and the Engineering Department at least two weeks prior to final building inspection approval. CONDITION NUMBERS 3 AND 4 SHALL BE COMPLETED AND SIGNED OFF BY THE PLANNING DEPARTMENT PRIOR TO SUBMITTAL OF PLANS FOR BUILDING PLAN CHECK. The Site Development permit is valid for one year from the approval date (until January S, 2005). 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. 1