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HomeMy WebLinkAbout4.1 �4 1 TOWN OF LOS ALTOS HILLS January 25, 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 HWONG; 12813 CLAUSEN COURT. FROM: Suzanne Davis,Planner SID RECOMMENDATION That the Planning Commission EITHER: 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. The property has frontage on both Voorhees Drive and Clausen Court. Clausen Court has a 30 foot setback and the 40 foot front setback is on Voorhees Drive as that street is the most heavily travelled road. 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 5,587 -0- 5,583 -0- +4 Planning Commission January 25, 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 Planning Commission January 25, 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. Also of note is the site plan shows the pool decking to be within the side setback. The approved 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 present site plan. There is also the possibility 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 verified by a civil engineer or land surveyor. Staff will visit the site prior to the January 25 meeting to try to make a determination as to whether the pool and decking was built within the side setback or not. If the pool deck is actually 15 feet from the property line as indicated on the site plan,it would not justify placing additional development in the setback. 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 Los Altos Hills, CA 94022 Peter Fu Peter Fu &Associates,Inc. 200 Covington Road Los Altos, CA 94022 Planning Commission January 25, 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. f A Planning Commission January 25, 1995 Lands of Hwong Page 5 B. ENGINEERING DEPARTMENT: 5. Any and all changes to the proposed grading and drainage shall first be approved by the Town Engineering Department. No 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. NOTE: The Site Development permit is valid for one year from the approval _ date (until January 25, 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. Paul Partti, 12809 Clausen Court, Los Altos Hills, California 94022 January 23, 1995 Plannning Communion Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, Ca.94022 Dear Planning Commissioners, I am one of the two closest neighbors of Dr.Lawrence Hwong. My address is 12809 Clausen Court, Los Altos Hills,California 94022. Recently, I had the opportunity to review Dr. Hwong's blue print for his proposed grading for play area with possible clay tennis court in the future contingency upon the approval of the clay material. I found absolutely no objection to his plan. Actually,I was very pleased with his plan, since a play area or a clay tennis court with the proper landscape will beautify the whole development of the Clausen Estate and the neighborhood. I would strongly recommend Dr. Hwong's proposed plan to be approved as soon as possible. Truely yours, *4411D Paul Partti F Planning Commission Lost Altos Hills, California Dear Commissioners: We, the neighbors of Larry and Catherine Hwong located at 12813 Clausen Court in Los Altos Hills, reviewed the preliminary plans for a proposed clay tennis court; and, we highly approve the well thought out design. After examining the plan carefully with both Larry and his wife, we are pleased to say that such a court would be an asset to our neighborhood. It certainly meets all of regulations as well as addresses all of the concerns of the neighbors. We also appreciate the fact that the Hwongs were kind enough to share with us their plan and to ask us for our input as we are one of the neighbors. Sincerely, C, C. Dieter and Ethel Kopal 12530 Barley Hill Road Los Altos Hills