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TOWN OF LOS ALTOS HILLS January 11, 1995
Staff Report to the Planning Commission
RE: REQUEST FOR SITE DEVELOPMENT PERMIT TO ALLOW
GRADING, RETAINING WALLS AND FENCING FOR A GRASS
PLAY AREA (POSSIBLE FUTURE TENNIS COURT); LANDS OF ttY
HWONG; 12813 CLAUSEN COURT.
FROM: Suzanne Davis, Planner S D
RECOMMENDATION That the Planning Commission:
1. Deny the requested site development permit due to the volume of
grading, height of retaining walls and encroachment into the side setback;
OR
2. -Approve the requested Site Development Permit, subject to the
recommended conditions.
BACKGROUND:
The subject property is lot 2 of the Clausen Subdivision (Tract 8217) and is
located on the southeast corner of Voorhees Drive and Clausen Court. The
residence on the property was completed earlier this year and was subsequently
purchased by the applicant. The project as built is within 3,139 square feet of the
Maximum Development Area (MDA) for the property.
DISCUSSION:
Site Data:
Net Lot Area: 1.04 acres
Average Slope: 13.6%
Lot Unit Factor: .96
Floor Area and Development Area:
Area Max. Prop. Exist. Incrs. Left
Devel. 13,104 -0- 9,965 -0- +3,139
Floor 5,081 -0- 5,583 -0- +4
Planning Commission
January 11, 1995
Lands of Hwong
Page 2
The applicant would like to construct a clay tennis court, but does not have
enough development area remaining. The City Council has been considering
allowing a special clay material'with up to a 50 percent exemption for purposes
of counting MDA. The Council has formed a Sub-Committee to look at the issue
further,but has not yet made a decision on the matter. If the Council does
approve the material to be counted as less than 100% of the area it covers, the
applicant would then propose to install a tennis court. Under current Town
policy it would also be possible for the applicant to remove other development
area on the site to gain additional MDA for a tennis court.
The applicant's proposal under this application is to install retaining walls and
fencing, along with a grass play area. A wood trellis is also proposed to be
added between the existing pool and the play area. Staff has several concerns
about the proposal. Another resident in Town was granted a site development
permit to put in fencing and a lawn area the size of a tennis court last year. Since
that resident did not have enough development area to allow a tennis court if it
were counted as 100% coverage, he agreed that he would plant a lawn for a play-
area and would request approval to install a tennis court at a later date if the
code was changed. A clay tennis was subsequently installed without permits.
While the same thing would not necessarily happen on the subject site, staff is
concerned that it would be difficult to monitor the property and to enforce a
violation if a tennis court were installed illegally.
Also of concern is the,volume of grading (1,646 cubic yards of cut and 157 cubic
yards of fill) and the height of the retaining wall (11 to 12 feet at the highest
point). The applicant believes that the play area will not be visible from
surrounding properties. Although it may not be directly viewed from
surrounding properties, staff is concerned that the play area would be seen from
El Monte Avenue.
The development of a large 8,040 square foot area surrounded by a fence with
retaining walls on two sides will appear as development area regardless of
whether it is actually counted as MDA. Even though grass is not a solid
impervious surface, the City Council has indicated that a grass tennis court
should still be counted as MDA since it appears as a large developed area. The
appearance of development area is as important a consideration as the
permeability of a material. However, the Council has not adopted a formal
policy on this issue. •
Staff is also concerned that 1,005 square feet (15' x 67') of the play area will
encroach into the side yard setback. While a lawn within the setback is
acceptable, a tennis court would not be approved in the same location. Also, the
retaining wall within the setback would be higher than six feet. The portion of
the wall within the setback scales at 12 feet high on the section (see sheet 2 of the
I'lanning Commission
January 11, 1995
Lands of Hwong
Page 3
plans). The code allows walls or fences within setbacks up to be a maximum of
six feet high. Although one side of the wall would be backfilled, the interior side
would have an exposed wall up to 12 feet high. The retaining walls being
proposed would have a similar appearance to the tennis court that was built at
11632 Rebecca Lane. Several Commissioners have expressed concern about the
visual impact of that project as viewed from the road and adjacent properties.
Staff is available to answer any questions from the Commission or any member
of the community.
ATTACHMENTS:
1. Development plans: site plan,section and elevations (two pages)
cc: Larry Hwong
12813 Clausen Court
-,os Altos Hills, CA 94022
Peter Fu
Peter Fu & Associates, Inc.
200 Covington Road
Los Altos, CA 94022
Planning Commission
January 11, 1995
Lands of Hwong
Page 4
ATTACHMENT 1
RECOMMENDED CONDITIONS FOR SITE DEVELOPMENT PERMIT FOR
RETAINING WALLS, FENCING AND GRASS PLAY AREA
HWONG - 12813 CLAUSEN COURT
A. PLANNING DEPARTMENT:
1. Any changes or modifications to the approved plans shall be
approved by the Planning Director or the Planning Commission,
depending on the scope of the changes.
2. Additional landscaping may be required. Prior to final inspection
staff will visit the site to determine if additional trees or shrubs are
needed to mitigate the retaining walls. A landscape deposit may be
required to assure that any approved landscape is planted and
maintained.
3. 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 Clausen Court, Voorhees Drive and
other roadways in the area; storage of construction materials;
placement of sanitary facilities; clean-up area (see Engineering
Department for specifications); 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 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.
4. 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, 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 of plans for building plan
check.
B. ENGINEERING DEPARTMENT:
5. Any and all changes to the proposed grading and drainage shall
first be approved by the Town Engineering Department. No
Planning Commission
January 11, 1995
Lands of Hwong
Page 5
grading shall take place during the grading moratorium
(November 1 to April 1) without prior approval from the Town
Engineering Department. No grading is permitted within ten feet
of property lines.
6. The site drainage must be designed to meet the goal of reducing the
rate of run off associated with the proposed development. A final
grading and drainage plan prepared by a registered civil engineer
shall be submitted to the Engineering Department for review and
approval prior to acceptance of plans for building plan check. As-built
drainage shall be inspected prior to final inspection, and any
deficiencies corrected to the satisfaction of the Engineering
Department.
7. 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.
8. The project engineer shall submit a dated, stamped, signed grading
plan for approval by the Engineering Department,prior to acceptance
of plans for building plan check. This plan shall include full
topography to the edge of pavement in the vicinity of the
improvements and details of the drainage system where it
daylights.
9. Upon completion of the construction, a final inspection shall be
required to be set with the Town Planner and the City Engineer two
weeks prior to final inspection.
CONDITION NUMBERS 3, 4 AND 8 SHALL BE COMPLETED AND SIGNED
OFF BY THE PLANNING DIRECTOR AND THE CITY ENGINEER PRIOR
TO ACCEPTANCE OF CONSTRUCTION PLANS FOR PLAN CHECK BY
THE BUILDING DEPARTMENT. ALL OTHER CONDITIONS MUST BE
SATISFIED PRIOR TO FINAL INSPECTION.
Properties residing within the Los Altos School District boundaries must pay
School District fees before receiving their building permit from Los Altos
Hills. The applicant must take a copy of Worksheet#2 to both the elementary
and high school district offices, pay the appropriate fees and provide the Town
with a copy of their receipts.
NOTE: The Site Development permit is valid for one year from the approval
date (until December 14, 1995). 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.
LOSALTOS HILLS
CALIFORNIA
Memorandum
Date: January 11, 1995
To: Planning Commission
From: Suzanne Davis, Planner SD
Subject: Lands of Hwong
12813 Clausen Court
grading & retaining walls
The Planning Commission continued this application from December 14,
1994 to January 11, 1995, at the request of the applicant. The applicant is
requesting another continuance due to an emergency surgery (see attached
letter). Staff recommends that the Planning Commission continue the
application to January 25, 1995, as requested by Mr. Hwong.
Several Commissioners have asked questions relating to this project. The
following information is in response to those questions:
• The 40 foot front setback is along Voorhees Drive, as that street is the most
heavily traveled road.
• The site data table has an incorrect number for the maximum MFA - the
correct number is 5,587 (the existing MFA of 5,583 leaves 4 square feet as
indicated in the table)
• The site plan shows the pool decking to be within the side setback. The
building plans show the pool with a 30 foot setback and the decking with a
25 foot setback (the Zoning Ordinance allows decking to encroach five feet
into the setback). The location of the pool and decking is likely shown
incorrectly on the current plan. It is also possible that the pool was
constructed in the wrong location. The foundation of the house was
certified at the time of construction, but the location of the pool was not.
Staff will visit the site prior to the January 25 meeting to check the location
and try to make a determination if the pool decking has been built within
the setback or not. If the pool deck is actually 15 feet from the property line
as indicated on the site plan, this would not justify locating a tennis court
or play area with a non conforming setback.
26379 Fremont Road
Los Altos Hills
California 94022
415 / 941 - 7222
Fax 415/941-3160
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