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HomeMy WebLinkAbout3.3 ,3 TOWN OF Los ALTOS HILLS October 11, 1995 Staff Report to the Planning Commission RE: SITE DEVELOPMENT PERMIT AND VARIANCE FOR A NEW GARAGE LOCATED WITHIN;THE SIDE SETBACK;LANDS OF WU, 13073 CUMBRA VISTA. FROM: Susan Manca,Planner APPROVED BY: Curtis S.Williams,Planning Direct RECOMMENDATION That the Planning Commission EITHER: 1. Approve the requested Site Development Permit and Variance subject to the attached findings and conditions of approval or revised conditions; OR 2 Deny the Variance,making findings for denial. BACKGROUND: • The subject property is lot 3 of block"Q" of the tract 2842 in Book 105 of Maps at page 38. The property has a Public Utility Easement along the southeasterly and easterly property lines,a slope easement along the southerly property line and a Purissima Hills Water District Easement along the northwesterly property line. CODE REQUIREMENTS i r A Variance is required to allow any structure or any portion of any structure to encroach into the setbacks by more than 2 feet(see Sections 10-1.505 and 10- 1.11107(2)(e)(3)). Specific findings must be made to approve a Variance, as outlined in Section 10-1.1107(2)(b). According to Section 10-2.301 of the Site Development Code,an addition under 900 square feet and 15 feet in height would be reviewed by staff. Due to the proposed encroachment into the setback,lhowever,the Planning Commission must review the application. Generally,the sections of Zoning Code used to evaluate additions involve floor and development area limitations,grading, height,setback issues,and parking requirements. Planning Co i'ssion October 11, 1995 Lands of Wu Page 2 DISCUSSION I I I Site Data: Net Lot Area: 1.016 acres Average Slope: 21.7% Lot Unit Factor: .76, Floor Area and Development Area: Area Max. Prop. Exist. Inas. Remaining Devel 8,066 7,731 7,454 2771 335 Floor 4,115 3,904 3,504 400, 211 Site and Architecture The applicant requests approval of a Site Development Permit for a new garage which will extend from the existing residence. One hundred twenty five square feet ofIthe newly constructed area would be located within the side and front setbacks. The inunediately adjacent lots are developed with single family residences with attached garages. There is sufficient floor area and development area on the site for further minor construction. The new garage s a single story extension off the north side of the existing two story residence. The maximum height of the garage addition is 14 feet,consistent with the one story portion of the existing residence. Story(,poles have been erected on the site for the Commissioners' review. The lot is rectangular shaped and the existing house is positioned at an angle which minimizes the area in which the new garage may be placed. In addition, there are 4 large'oak trees on the site,further limiting any available area for the garage,addition. The slope on!the lot is flattest in the area where the applicant proposes to construct the new'garage. The northern side of the residence is the most visible portion of the house, viewed from Cumbra Vista. The new garage will be visible from the roadway, since the location of the driveway minimizes the opportunity for planting which wouldlmitigate the view of the garage from the street. Exterior materials for the proposed garage will match the existing residence, consisting of stucco, a shake roof,and wood trim. Colors will match the existing residence. Planning Commission October 11, 1995 Lands of Wu Page 3 Parking.Driveway,and Turnaround The driveway provides access to the residence from Cumbra Vista. The existing parking design allows parking for 3 cars,all within the side setback. The applicant proposes to change the driveway configuration to have a total of 3 on- site parking spaces: 2 in the garage and 1 space located to the north of the garage, within the setback. The proposed parking areas for the site have adequate turnaround space. The existing driveway, as shown on the development plans,would be partially removed to lessen the amount of hardscape within the setback. Staff has included a condition of approval (see condition 11) to require that all existing pavement within the first 10 feet from the northerly property line be removed prior to final inspection. This will allow the applicant to provide mitigation screening between the new garage and the adjoining property owners. The construction of a garage in the proposed location results in the appearance of a patio behind the garage which would not meet Section 10-1.505(b)of the Code, which states that patios may not encroach more than 5 feet into a setback. Staff has included a condition of approval (see condition 12) requiring that the portions of the driveway which are currently within the setback and will not be utilized for parking or turnaround areas (a total of approximately 700 square feet)be removed (see condition 12). Grading Grading for the development will be minimal on the site, as the area of the proposed garage is paved with asphalt. The only grading involved with the project will be the removal of the portion of the existing driveway, as shown on the development plans. Trees There are a number of large oak trees along the frontage of the property which limit the area for construction. No work is proposed near the existing oaks. A condition has been added (see condition 9)requiring that any proposed work on the trees be done by a certified arborist toy ensure the future health of the trees. Committee Recommendations The Pathways Committee recommends that the asphalt path along La Barranca be restored where needed. The Environmental Design Committee has not responded with any conditions of appro'al for this project. Planning Commission October 11, 1995 Lands of Wu Page 4 Variance The proposed garage will be partially located in the setbacks of the property, encroaching 10 feet into the front and side setbacks. There are 4 large oak trees surrounding the existing residence along the southwesterly portion of the lot. The proposed garage complies with the existing residential use,and garages are utilized by the immediate neighbors and most of the residents within Los Altos Hills. 1The lot is sloped towards the southern portion of the lot,further limiting any viable area to construct a garage. Furthermore,the garage will mitigate negative impacts created by the current parking situation on the site. For example,the noise from the cars will be lessened as will the visual impact of the cars. The visual impact of a structure located within the setback will be mitigate through screen planting within the 10 foot area between the northerly property line arid the third parking space. Findings for approval of the Variance have been prepared (see attachment 1). Staff is available to answer any questions that the Commission or community may have. ATTACHMENTS: 1. Recommended Variance Findings; 2. Recommended conditions of approval; 3. Worksheet#2; 4. Applicant's Findings for a Variance; 5. Development plans. I i cc: Herbert Wu 13073 Cum' bra Vista Los Altos Hills,CA 94022 � I i i I i �I Planning Commission October 11, 1995 Lands of Wu Page 5 ATTACHMENT 1 LANDS OF WU-13073 CUMBRA VISTA VARIANCE FINDINGS 1. That,because of exceptional or extraordinary circumstances applicable to the subject property,includingjsize,shape,topography,location,or surroundings,the strict application of the provisions of this Title is found to deprive such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification; There are exceptional or extraordinary circumstances applicable to the subject property,including the numerous oak trees on this property,the slope of the lot,and the existing location of the house on the lot. There is limited area that could be practically utilized for a new garage out of the required setbacks; 2. That upon the granting of the Variance,the intent and purpose of the applicable sections of this Title will still be served and the recipient of the Variance will not be granted special privileges not enjoyed by other surrounding property owners; The proposed garage will allow the applicant to have the same privilege, an endosed parking area,as the majority of the immediate neighbors and most of the residents of the Town.�The construction of a garage on the property will reduce noise and negative visual impacts from the neighbors' properties, as all of the parking for the property will no longer be visible. In addition,the section of pavement within 10 feet of the property line will be removed to comply with the code and have area for mitigation landscaping; 3. That the granting of such Variance will not be materially detrimental to the public welfare or injurious to the property owners; The new garage as proposed will reduce the impact of noise of the cars from the current situation. The visual impact will be lessened in two respects. The parking for the residence will be screened and the pavement within 10 feet of the property line will be removed to allow for mitigation screening; 4. That 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; The Code specifically allows for covered parking. Planning Commission October 11, 1995 Lands of Wu � Page 6 ATTACHMENT 2 I RECOMMENDED CONDITIONS FOR SITES DEVELOPMENT PERMIT LANDS OF WU, 13073 CUMBRA VISTA A. PLANNING DEPARTMENT: 1. Mc modifications to the approved plans shall be reviewed and approved by the Planning Director or the Planning Commission, de, ending on the scope of the changes. 2. Subsequent to final framing of the garage, a landscape screening and erosion control plan shall be reviewed by the Site Development Committee. Particular attention shall be given to plantings which will be adequate to break up the view of the;new garage from surrounding properties and streets,especially along the northern property line to break up the view from the northern neighbor. All landscaping required for screening purposes or for erosion control (as determined by the City Engineer) must be installed prior to final inspection,unless the Planning Director finds that unusual circumstances,such as weather or site condition,require that planting be delayed. In those instances,a deposit of an amount equal to the cost of landscape materials and installation,to the satisfaction of the Planning Director,shall be submitted to the Town. Landscaping shall in any event be installed not later than 6 months after final inspection,or the deposit will be forfeited. 3. A landscape maintenance deposit (or certificate of deposit),equal to the cost of materials and installation for all landscaping required for screening purposes or for erosion control;(as determined by the City Engineer),but not to exceed$5,000.00,shall be posted prior to final inspection. An inspection of the landscape to ensure adequate establishment and maintenance shall be made two years after installation. The,deposit will be released at that time if the plantings remain viable. i , 4. Paint colors shall match the existing residence or if changed shall be chosen by the applicant and approved by staff in conformance with the Town's adopted color board, and shall exhibit a light reflectivity value of 50 or less. Roofs shall use materials which have a light reflectivity value of 40 or less. White trim area should be minimized,particularly on large surfaces such as doors, columns, • i Planning Commission October 11, 1995 Lands of Wu Page 7 railings, and trellises. A color sample shall be submitted`to the Planning Department for approval prior to painting of the exterior of the residence. All applicable structures shall be painted in conformance with the approved color(s)prior to final inspection. 5. Any additional outdoor lighting not shown on the plans requires approval by the Planning Department prior to installation. Lighting shall be down shielded,low wattage,and shall not encroach or reflect on adjacent properties. The source of the lighting shall not be visible from off the site. Light fixtures must be approved by the Planning Department prior to installation. No lighting may be placed within setbacks except for two driveway or entry lights. 6. Fire retardant roofing is required for the new construction. 7. Prior to beginning any grading operation,all significant trees are to be fenced at the drip line. The fencing shall be of a material and structure 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 fence must remain throughout the course of construction. No storage of equipment, vehicles or debris shall be allowed within the drip lines of these trees. 8. At the time of foundation inspection for the new garage,the location, and elevation of the garage 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 garage,the height of the building or other structures shall be similarly certified as being at the height shown on the approved Site Development plan. 9. Any work proposed to the significant oaks must be approved by a certified arborist. 10. The existing driveway that is shown on the plan to be removed shall be removed prior to final inspection. 11. The portion of driveway located within the.first 10 feet from the northerly property line shall be removed prior to final inspection. Planning Commission October 11, 1995 Lands,1of Wu Page 8 12. The portion of the existing driveway which'will be located behind the new garage shall be removed prior to final inspection. In addition, the applicant shall submit a revised worksheet #2 reflecting the changes outlined in the conditions of approval prior to submittal of plans for building plan check. B. ENGINEERING DEPARTMENT: 13. The site drainage associated with the proposed development must be designed a;s surface flow wherever possible to avoid concentration of the runoff. The proposed drainage shall be designed to maintain the existing flow patterns. Final drainage and grading shall be 1,inspected by the Engineering Department and any deficiencies corrected to the satisfaction of the Engineering Department prior to final inspection. 14. Any, and all, changes to the approved grading and drainage plan shall first be approved by the Town Engineering Department. No grading shall take place during the grading moratorium between November 1 and April 1 except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line except to allow access to Cumbra Vista and to allow for the removal of the excess pavement. 15. Any new public utility services serving this property shall be undergrounded. 16. A revised plan showing the correct alignmentI of the Cumbra Vista Court and La Barranca right of ways shall be submitted for review j and approval by the Engineering Department prior to submittal of plans for building plan check. 17. TIJ 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 chek. 18. The pathway along La Barranca shall be restored to the satisfaction of the City Engineer prior to final inspection Planning Commission October 11, 1995 Lands of Wu Page 9 19. Upon completion of construction,a final inspection shall be set with the Planning Department and Engineering Department at least two weeks prior to final building inspection approval. CONDITION NUMBERS 16 AND 17 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. NOTE: The Site Development permit is valid for one year from the approval date (until October 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. FINDING FOR VARIANCE Property : 13073 Cumbra Vista, Court, Los Altos Hills Owner : Herbert Wu, 948-4609 To Whom It may Concerns : We purchased this house in July 1992 and did not know the setback line restriction for building the attached garage. During last three years, our family with two young children need to walk about 70 feet pathway from parking lot to house main entrance. We all got wet in winter raining day espacially last year's heavy and almost everyday raining weather. Also, children are scared by small animals during summer time and do not have security and safty in night time. We would like to apply minor variance due to extraordinary circumstances in this property', as follows : Shape : Although the lot shape is rectangle, the existing house was built bn one corner by setback line. We have an triangle area available, but we need rectangle shape area for garage. The variance we need to apply is about 4 feet from top of triangle and 8 feet from each sides of sebacklines. Size: We still have about 1, 039 square feet of MAD and 665 square feet of MFA available. We would like to build an 400 square feet of two cars garage. Surrounding: There are more than five huge Oak trees surranding the North-West side of front yard. I believe these beautiful and old Oak trees are Los Altos Hills landmark and can not be removed. Topography : The average slop within net area of lot is about 21.7. The most of the deep slop are are in North-West and all of the South area. It is not the good ideas to have deep slop drive way for children playing area. Location : The existing house is located in North-West corner because that is the only flat area for building construction. The proposed area'has pavement and is currently use for parking lot. The proposed garage will just cover the existing cars in the same area to reduce warm up noise early in the morning and keep the neighbor in beautiful environment. Both Linda and Susanze had! came to this property to evaluate all of the possibile solutions to build the garage. This location sounds more reasonable choice than other locations. Our direct neighbor Barbar and Ken Jonker are fully lb support us touild this garage. We believe garage is the standard feature for most of the American house. We are not apply for swimming poor or teenis court. We would like to apply a minor variance to exceed setback line in order to build garage for safety, security, and convinence purpose. We appreciate your help and welcome any advice for this project. Thank you very much. Herbert Wu r • • TOWN OF LOS ALTOS HILLS 26379 Fremont Road • Los Altos Hills,Californias 94022 • (415)941-7222 • FAX(415)941-3160 PLANNING DEP WORKSHEET #2 EXISTING AND PROPOSED DEVELOPMENT AREA AND FLOOR AREA • TURN IN WITH YOUR APPLICATION • PROPERTY OWNER'S NAME 4/o a _ Ju PROPERTY ADDRESS / �'` CALCULATED BY tcm I DATE /o/ /9 1. DEVELOPMENT AREA (SQUARE FOOTAGE) Existing Proposed Total (Additions or Deletions) A. House and Garage (from Part B) 40b q O y B. Decking f b l 3 l(p/ C. Driveway and Parking +5 45- (Measured S(Measured 100' along centerline) 2 / — LOCOS) D. Patios and Walkways 34 E. Tennis Court F. Pool and Decking • G. Accessory Buildings (from Part B) ! H. Any other coverage TOTALS Maximum Development Area Allowed - MDA (from Worksheet #1) W Q (-0(a 2. FLOOR AREA (SQUARE FOOTAGE) Existing Proposed Total (Additions or Deletions) A. House and Garage a. 1st Floor 19 4 y' 1 R L[q b. 2nd Floor 15 (6 D 510C) c. Attic and Basement d. Garage CO 4 C)0 B. Accessory Buildings a. 1st Floor b. 2nd Floor c. Attic and Basement TOTALS 3 9 ()4 4 c , , .5:=)1 0 4 Maximum Floor Area Allowed - MFA (from Worksheet #1) //s ), TOWN USE ONLY CHECKED BY f,C)---Ar1 DATE L1 l2 9.c Revised 12/09/93 LRL: MAC HD/ORIGINALS/PLANN G/Worksheet#2