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HomeMy WebLinkAbout4.2 Li, a. TOWN OF LOS ALTOS HILLS January 11, 1995 Staff Report to the Planning Commission RE: SITE DEVELOPMENT PERMIT AND VARIANCE TO GRADE WITHIN 10' OF PROPERTY LINE ADJACENT TO THE VIDOVICH PROJECT; LANDS OF WISE, 24301 ELISE COURT o FROM: Linda S. Niles,Planning Director RECOMMENDATION That the Planning Commission: Review the site development permit and variance for the grading, make any suggestions or modifications and approve the project with the recommended findings and conditions. DISCUSSION The applicant is requesting review of a Site Development Permit and Variance for grading within 10' of the rear property line and across the property line to the adjoining property. The site is located adjacent and to the east of the Vidovich property which has been conducting a major fill operation in the Neary Quarry for the past two years. That fill operation is being accomplished in preparation for development of a subdivision. Due to the recent recontouring of the adjacent Vidovich property and the fill that has been deposited near the applicant's back property line, the applicant is requesting that the Commission review and approve fill and grading on his property to achieve a smoother transition between the two properties. Since the request is unusual, it was suggested by staff that Mr. Wise request direction from the City Council on theconceptual grading project prior to actually submitting the application for Site Development Permit and Variance. The Council reviewed the issues of allowing a variance to grade within 10' of and across a property line; allowing the import of approximately 6,000 cu. yds. of fill for the grading project; and not requiring a geology report to be submitted with the grading project at their meeting of November 2, 1994. The staff report and minutes from the Council meeting are attached for your review. After discussion, it appeared to the Council that due to the unique situation the variance findings should be able to be made to allow the grading across the property line. They felt that the existing situation was not the applicant's doing and has created the appearance of a large valley between the properties that was not there before. It was also their direction that the Planning Commission through their review of the application would be better able to review and determine whether the proposed amount of fill was appropriate or not. The Council made no judgement or recommendation on that issues. The Council did Planning Commis..,on January 11, 1995 Lands of Wise Page 2 through their review of the application would be better able to review and determine whether the proposed amount of fill was appropriate or not. The Council made no judgement or recommendation on that issues. The Council did indicate that the MDA and MFA calculations and the LUF should still be required to be determined based on the existing topography not the topography after the completion of the grading and fill. It was their direction that this be a condition of approval. Regarding the question of requiring a geology report at this stage or later, the Council left that decision up to staff. Staff forwarded the proposal to the Town Geologist for review and the geologist responded with the attached letter of recommendation dated December 8, 1994. Those recommendations have been added as condition numbers 3 and 4, attached to the recommended condi tions of approval. As the Planning Commission is aware, a variance is required to grade within 10' of a pxoperty line. The following findings are setforth for your review and approval: VARIANCE EVALUATION AND FINDINGS: 1. Because of exceptional and unique circumstances applicable to the subject property being the fact that the existing situation was created by a neighboring property owner whose property is located in the County; the County's grading standards are not in conformance with the Town's standards which require grading to minimize the physical and visual alteration of the natural landforms as much as possible around any development of the property; the situation was not created by the applicant and was not a part of the natural topography when the applicant purchased his property; if the Town were to enforce the standard that prohibits grading within 10' of property lines, there would be an unnatural valley in between the two lots not in conformance with the Town's grading standards; this newly created valley is an undesireable topography feature for the particular property in respect to the more natural previously existing topography, therefore, the strict application of the zoning standards would deprive the subject property privileges that are enjoyed by other properties in the vicinity and in the same zoning district, since our standards do not encourage an unnatural appearance to any alteration of land. 2. Upon granting of the variance, the intent and purpose of the applicable sections of the Zoning Code will still be served and the recipient of the variance will not be granted special privileges not enjoyed by other surrounding property owners because the particular site is unusual in that it is located adjacent to a property in the County, where grading has been allowed under standards that • • Planning Commission January 11, 1995 Lands of Wise Page 3 are not in conformance with the Town's standards for grading. The Town was not given any review and comment authority over the current fill appearance that has been accomplished on the Vidovich property. Therefore, the Town was unable to review any impacts that current grading design would have on the adjacent properties in the Town. The intent of the Town's codes will still be served, since the project is a proposal to change the existing unnatural topographical situation to one that is more natural and in keeping with the Town's standards. 3. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the same zoning district,since the grading will be accomplished so as to be compatible with the existing adjacent properties and will be in conformance with the Town's standards. 4. The variance will not authorize a use or activity which is not otherwise expressly authorized by the Zoning District regulations governing the parcel of property,since grading is allowed for single family residential development and is required to maintain a more natural appearance. The Council asked the applicant if he was planning on contructing any additional structures in this area, or considering subdividing the property in order to place a home in this area. The applicant indicated that he was not planning on subdividing and was just intending to use this area as usable outdoor activity and living area. The Commission may wish to discuss the issue of where to measure the height from (either the old natural grade or the newly approved grade) if the applicant does submit a request to build a structure in this location. Staff is available for any questions the Commission or community may have. Attachments: 1. Site plan and grading plan 2. Variance findings from Mike Wise dated December 7, 1994 3. William Cotton Report Dated December 8, 1995 4. City Council staff report and minutes for the meeting of November 2, 1994 cc: Michael Wise 24301 Elise Court . Los Altos Hills,CA 94024 • I 1 pining Commission January 11, 1995 Lands of Wise Page 4 VARIANCE FINDINGS FOR GRADING WITHIN 10' OF AND ACROSS A PROPERTY LINE BETWEEN 24301 ELISE COURT AND THE NEARY QUARRY PROPERTY LANDS OF WISE -24301 ELISE COURT VARIANCE EVALUATION AND FINDINGS: 1. Because of exceptional and unique circumstances applicable to the subject property being the fact that the existing situation was created by a neighboring property owner whose property is located in the County; the County's grading standards are not in conformance with the Town's standards which require grading to minimize the physical and visual alteration of the natural landforms as much as possible around any development of the property; the situation was not created by the applicant and was not a part of the natural topography when the applicant purchased his property; if the Town were to enforce the standard that prohibits grading within 10' of property lines, there would be an unnatural valley in between the two lots not in conformance with the Town's grading standards; this newly created valley is an undesireable topography feature for the particular property in respect to the more natural previously existing topography, therefore, the strict application of the zoning standards would deprive the subject property privileges that are enjoyed by other properties in the vicinity and in the same zoning district, since our standards do not encourage an unnatural appearance to any alteration of land. 2. Upon granting of the variance, the intent and purpose of the applicable sections of the Zoning Code will still be served and the recipient of the variance will not be granted special privileges not enjoyed by other surrounding property owners because the particular site is unusual in that it is located adjacent to a property in the County, where grading has been allowed under standards that are not in conformance with the Town's standards for grading. The Town was not given any review and comment authority over the current fill appearance that has been accomplished on the Vidovich property. Therefore, the Town was unable to review any impacts that current grading design would have on the adjacent properties in the Town. The intent of the Town's codes will still be served, since the project is a proposal to change the existing unnatural topographical situation to one that is more natural and in keeping with the Town's standards. • • Planning Commission January 11, 1995 Lands of Wise Page 5 3. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the same zoning district, since the grading will be accomplished so as to be compatible with the existing adjacent properties and will be in conformance with the Town's standards. 4. The variance will not authorize a use or activity which is not otherwise expressly authorized by the Zoning District regulations governing the parcel of property, since grading is allowed for single family residential development and is required to maintain a more natural appearance. Planning Commission January 11, 1995 Lands of Wise Page 6 CONDITIONS FOR SITE DEVELOPMENT PERMIT AND VARIANCE FOR GRADING WITHIN 10' OF AND ACROSS A PROPERTY LINE BETWEEN 24301 ELISE COURT AND THE NEARY QUARRY PROPERTY LANDS OF WISE - 24301 ELISE COURT A. PLANNING DEPARTMENT: 1. Any and all changes to the proposed grading shall first be approved by the Town Engineering Department and the Planning Director or the Planning Commission, depending upon the scope of the changes. No grading shall take place during the grading moratorium between November 1 and April 1 except with the prior approval of the City Engineer. 2. Any areas on the site that have had the native soil disturbed shall be protected for erosion control during the rainy season and shall be replanted prior to final approval. 3. The applicant shall retain the services of a geotechnical engineer to prepare recommended geotechnical criteria (i.e., parameters for relative compaction, keying, benching and drainage) for fill placement. The consultant should also evaluate whether any adverse geotechnical impacts may result from proposed fill placement. The results of these geotechnical evaluations shall be submitted to the Town for review and approval by the Town Cngineer prior to acceptance of plans for building and grading plan check. 4. The applicant's geotechnical consultant shall perform field inspections and appropriate testing during fill placement to verify that recommended geotechnical design criteria are achieved. The results of these inspections shall be summarized in a report and submitted to the Town for approval frior to final (as-built) project approval. 5. The MDA and MFA calculation nd the LUF shall be required to be determined based on the e topography not the topography after the completion of the gra 'ng and fill being approved with this permit. Planning Commission January 11, 1995 Lands of Wise Page 7 6. A variance is granted to allow grading over the property lines of 24301 Elise Court and the Neary Quary which is located in the County of Santa Clara adjacent to the property and to he west. U n completion of the constr ction, a final inspection shall be i required uired to be set with the Planning Director and the City Engineer I % ! ''8� two weeks prior to final building inspection approval. �' CONDITION NUMBER 3 SHALL BE COMPLETED AND SIGNED OFF BY 6 'eod THE PLANNING DIRECTOR AND THE CITY ENGINEER PRIOR TO ACCEPTANCE OF CONSTRUCTION PLANS FOR PLAN CHECK BY THE BUILDING DEPARTMENT. `Z;, _46) NOTE: The Site Development permit and Variance are valid for one year from the approval date (until January 11, 1996). 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. • Findings for Variance: 12/7/94 24301 Elise Ct. Los Altos Hills The subject property is directly adjacent to the Vidovich quarry. Over the past 2 years, Mr. Vidovich has done massive amounts of grading to his property. While this grading has been a welcome improvement to the recklessly excavated Neary Quarry, it has had an unfortunate impact on areas of the subject property which are directly adjacent to the quarry property. This area of the subject property was previously a private little "valley". To the detriment of this area, Mr. Vidovich has constructed a huge flat topped mesa directly adjacent to the property line. This grading extends up to the common property line between the subject property and the Vidovich quarry property. In an effort to mitigate the negative impact of the Vidovich quarry grading on the'subject property, it is requested that grading be allowed on the subject property and continuing across the property line and blending in a smooth and natural manner onto the Vidovich quarry property. This grading is intended to improve the utility of the area of the subject property directly adjacent to the Vidovich quarry property,to mitigate the aesthetic impacts imposed by the quarry grading, and to provide additional stability to the massive grading already completed on the adjacent quarry property. Previous grading across the property line was allowed in a partially successful attempt to provide the mitigations mentioned above. This work made an improvement to the affected areas of the subject property, but in the opinion of the property owner, it was inadequate in light of the magnitude of Mr. Vidovich's grading. In order to finish this work, it is proposed to extend the graded area further to the North-West in order to make a smooth transition between the natural hillside on the subject property and Mr. Vidovich's filled and graded areas. In addition,'it is proposed to raise the already graded area on the subject property another 5 feet: This will further cover the base of the graded slopes on Mr. Vidovich's filled and graded areas and physically increase the distance of the slope on the Vidovich quarry property from the property line of the subject property. This will also serve to reduce the apparent height of the filled and graded areas on the Vidovich quarry property. This proposed fill area lies in an area that is visible by only one existing house (Dr. Sam Walker). There may be some future visual impact to some of the McCullogh subdivision homes as well as Mr. Vidovich's future home. In addition, the filled area of the subject property will be visible from the trail on the Juan Prado Mesa Park. The visual impact from the Park will be minimal and perhaps improved by the grading, since it will serve to enhance the privacy of the park by means of this grading and it will enhance the visual aesthetics of the existing filled areas on both the Vidovich property and the subject property by making the slope transitions appear more natural. Ntv i 1iarn CO icon Lvillage Carie `g and Associates E1 LosOS Gatos, California 95030 (408) 354-5542 December 8, 1994 L3294 R F C LZ. TO: Linda Niles Planning Director SEC n 3 1994 TOWN OF LOS ALTOS HILLS 26379 Fremont Road, , TOWNF Los Altos Hills, California 94022 ;-1-11S Al Toe HILLS SUBJECT: Preliminary Geotechnical Review RE: Wise,Proposed Fill Placement 24301 Elise Court At your request, we have completed a preliminary geotechnical review of the proposed grading at 24301 Elise Court as illustrated by the submitted Grading Plan (1 sheet,20-scale) prepared by S&A Engineering,dated July 17, 1994. In addition, we have reviewed pertinent technical documents from our office files including information regarding the adjacent.Lands of.Vidovich. ,_ . _ . The applicant proposes to import and place approximately 6,000 cubic yards of fill along the common property."line between the Lands of Vidovich and Lands of Wise. The area to receive the proposed fill is located in a topographic draw that was formed by previous fill-placement (i.e., building pad construction for proposed Lot 11 of the Quarry Hills Subdivision) adjacent to a broad swale within the Wise property. The axis of this swale is gently inclined (11° percent slope) to the northeast. Based on our review of available documents, we conclude that the proposed fill should not result in adverse slope instability impacts if it is placed in a properly engineered manner. The fill compaction criteria need not be as stringent as that used for structural fill if no significant construction is to occur-i this area. However,minimum placement standards must be established to ensure the stability of the fill mass. We recommend that the applicant retain the services of a geotechnical engineer to prepare recommended geotechnical criteria (i.e., parameters for relative compaction, keying, benching and drainage) for fill placement. The consultant should also evaluate whether any adverse geotechnical impacts may result from proposed fill placement. The results of these geotechnical evaluations should be submitted to the Town for review by the Town Engineer prior to issuance of permits for site grading. In addition, we recommend that the applicant's geotechnical consultant perform field •inspections':"and; appropriate;. testing during fill placement .to verify ,that recommended geotechnical design criteria are achieved. The results of these inspections should be summarized,in,a report and submitted to the Town prior to final (as-built) project approval:. ...: , . ENGINEERING GEOLOGY • ENVIRONMENTAL EARTH SCIENCES • FOUNDATION ENGINEERING • Linda Niles December 8, 1994 Page 2 L3294 We trust that this provides you with the information you need at this time. If you have any questions or need additional information,please call. Respectfully submitted, WILLIAM COTTON AND ASSOCIATES,INC. TOWN GEOTECHNICAL CONSULTANT Ted Sayre Senior Engineering Geologist CEG 1795 Patrick O. Shires Principal Geotechnical Engineer GE 770 POS:TS:rb • William Cotton and Associates TOWN OF LOS ALTOS HILLS November 2, 1994 Staff Report to the City Council RE: REQUEST FOR DIRECTION REGARDING GRADING WITHIN 10' OF PROPERTY LINE ADJACENT TO THE VIDOVICH PROJECT; LANDS OF WISE, 24301 ELISE COURT FROM: Linda S. Niles, Planning Director RECOMMENDATION That the City Council: 1. Review the submitted letter from Mr. Wise and discuss the issues of allowing a variance to grade,across a property line; allowing the import of approximately 6,000 cu. yds. of fill for the grading project; and not requiring a geology report to.be submitted with the grading project. DISCUSSION Mr. Wise has contacted the Town regarding the grading project described in his letter to the Council dated November 18, 1994 (correct date should be October 18, 1994). Mr. Wise was advised that the project would require a variance since grading was proposed within 10' of a property line, and that a Site Development Permit and Geologic Review was required for grading of such large quantities in Zone D (a fault zone) as shown on the Town's geologic map. The cost for fees and deposits to process a Site Development Permit, Variance and Geologic Review is $6,400. Since this is a considerable amount,Mr. Wise is requesting that the Council give him some idea, if possible, as to whether the project is even feasible to pursue before submitting the application. If the Council feels that it would be inappropriate to consider a variance to grade within 10' of the property line, Mr. Wise may choose not to submit the application. The situation on site is unusual since the property backs onto the Quarry where considerable fill has been placed very close to Mr. Wise's property line which has created a high mesa on the adjacent Quarry property, and left a deeper valley between Mr. Wise's house and the Mesa. Mr. Wise is requesting to be allowed to fill and grade over the lot line in order to place enough fill for a smoother transition between properties. The Town has had no authority over the grading Mr. Vidovich has done to date on his property since that property is in the County. Staff feels that findings may be able to be approved for a variance since the Vidovich grading has created a unique situation because the County standards have allowed Mr. Vidovich to grade to the property line. The Town's standards limit grading within 10' of a property. This would not allow for a , Ly Council Lands of Wise November 2, 1994 Page 9 logical transition from Mr. Wise's property to the newly created mesa on the Vidovich property. The amount and design of the grading would still need to be reviewed through the site development process. Mr. Wise has also requested that the Council discuss the feasibility of allowing import of 6,000 cu. yds. of fill and whether it would be necessary for him to submit the required geologic report with the application. The Town standards do not specifically prohibit this amount of fill, however, every grading operation is reviewed on a case by case basis for appropriateness for the particular site, and the Town prefers to limit grading and changing of the natural topography as much as possible. The Town's standards do require that a geology report be submitted for projects in Fault Zone D, however, we rarely have this amount of grading without a proposed structure. Since this is such a large amount of fill and it is very close to the extension of Hale Creek into Juan Prado Mesa, staff has requested the geology report be submitted with the application. This is to ensure adequate measures are incorporated into the grading project design to accomplish acceptable compaction, erosion control and drainage mitigation for the changes to the topography in this location. Staff is available to answer questions the Council may have. Attachments: Letter dated November 18, 1994 from Mr. Wise Proposed Grading Plan cc: Michael Wise 24301 Elise Court Los Altos Hills, CA 94024. 6.2 Request for direction regarding grading within ten feet of the property line adjacent to the Vidovich project, Lands of Wise, 24301 Elise Court Mike Wise, applicant, explained his request for direction concerning grading within ten feet of the property line, allowing the import of approximately 6,000 cubic yards of fill and not requiring the geology report to be submitted for the grading project. He noted that his property is next to the quarry and quite a bit of grading had been placed near his property but on the quarry land. His request was to fill and grade over the lot line to achieve a smoother transition between the properties. In addition Mr. Wise asked that he not be required to file a geologic report for this project. Council discussed this request and determined that this was a unique situation and the finding for a variance to grade across the property line could no doubt be established. However, they did point out that the LUF (lot unit factor) would remain the same. On the subject of not requiring a geologic report, Council determined that this could be left to the discretion of the City Engineer. It was further noted that a statement could be put in file that'this project had not been reviewed by a geologist. Mr. Wise thanked Council for their comments and direction on this matter. 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES • 7.1 Pathways Recreation and Parks Committee 7.1.1 Request for authorization to apply for a grant for a bike path • from Old Page Mill Road to Christopher's-Lane 7.1.2 Bicycle Hazards and Mitigations -- Page Mill and 280 Les Earnest, Chairman - Pathways Recreation and Parks Committee, referred to the reports (on file at Town Hall) he had prepared for Council on the above issues. These reports included detailed outlines of potential hazards in these areas and proposed mitigations to address the problems. The City Engineer noted the Town had not done any analysis on the recommendations contained in these reports. He believed that there may be some problems with the proposed solutions and suggested that the Council's endorsement of these recommendations may be premature. Council discussed the reports filed by the Pathways, Recreation and Parks Committee and accepted them but did not acknowledge without additional study and review the existence of hazards mentioned in the reports. November 2, 1994 3 , MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously by all members present to authorize the Pathways, Recreation and Parks Committee to seek a grant from Caltrans under their 1995 Bicycle Lane Account Program to build a bicycle path from Old Page Mill to Christophers Lane and to restore the existing pedestrian/equestrian path. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously by all members present to authorize the Mayor to send a letter to the County stating the Council's safety concerns about_the intersection of Page Mill and 280 and requesting that a bicycle lane be approved at that location. 8. STAFF REPORTS 8.1 City Manager • 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence dated 10/27/94 Council referred to the letter from the Santa Clara County Cities Association on metering lights and agreed this issue would be brought back to Council at a future date. • 9. COUNCIL-INITIATED ITEMS 10. PRESENTATIONS FROM THE FLOOR Betsy Bertram, 11854 Page Mill Road, referred to several campaign mailings in which Councilmember Hubbard's name had been linked with Council Candidate Toni Casey. Mrs. Bertram requested a statement from Hubbard noting that he was not involved with these mailings. Hubbard responded that he believed it was not appropriate to discuss campaign issues during Council meetings and stated that he would discuss this with constituents outside of Council Chambers. Ray Rooker, 12819 Viscaino Road, noted his concerns about the Town's communication with its residents. He did not believe the layout at Town Hall was conducive to reviewing plans and files and he suggested having the plans available in Chambers for the public's review. 11. PUBLIC HEARINGS November 2, 1994 4