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HomeMy WebLinkAbout3.2 ITEM 3.2 TOWN OF LOS ALTOS HILLS August 6, 2015 Staff Report to the Planning Commission SUBJECT: SITE DEVELOPMENT PERMIT FOR A LANDSCAPE SCREENING PLAN FOR A NEW TWO STORY RESIDENCE; LANDS OF CHEN; 2210 OLD PAGE MILL ROAD FILE# 184-15-ZP-SD FROM: Genevieve Fernandez, Assistant Planner Or APPROVED: Suzanne Avila, AICP, Planning Director S RECOMMENDATION: That the Planning Commission: 1. Approve the requested Site Development Permit for a landscape screening plan, subject to the recommended conditions of approval in Attachment 1; or 2. Approve the requested Site Development Permit with additional or modified conditions. BACKGROUND On October 3, 2013,the Planning Commission reviewed an application(file# 100-13-ZP-SD) for a new residence and basement which was continued with specific suggestions and recommended modifications (meeting minutes Attachment #4). The Commission's motion included the following directions: • Redesign with a 30 foot side yard setback along Gerth Lane • Redesign with up to 18" eave encroachment into the setbacks • Resite the building to allow for a standard 20 foot right of way dedication along Gerth Lane • Add a condition of approval requiring that the landscape screening be reviewed by the Planning Commission with an added requirement that the applicant be strongly encouraged to include the neighbors in the landscape screening planning process. On December 5,2013,the Planning Commission determined that all recommended modifications had been met and unanimously approved the request for a Site Development Permit for a 6,095 square foot two-story new residence and 1,411 square foot basement. CODE REQUIREMENTS Sections 10-2.801 and 10-2.803 of the Site Development Ordinance are used to evaluate landscape plans to address erosion, visual effects, tree preservation, views, and the amount of planting required to adequately screen the new construction. Staff Report to the Planning Commission Lands of CHEN 2210 Old Page Mill Road August 6,2015 Page 12 DISCUSSION Site Data: Net Lot Area: 1.1 acres Average Slope: 12.7% Lot Unit Factor: 1.04 Floor Area and Development Area: Area (sq.ft) Maximum Existing Proposed Increase Remaining Development 14,547 9,388 0 0 5,159 Floor 6,100 6,095 0 0 5 (Basement 1,411) EXISTING LANDSCAPING The project site has a creek (open space easement) along Old Page Mill Road that has thick vegetation,which provides screening for the new residence from along the east property line.There is mature landscaping along the front of the new residence. PROPOSED LANDSCAPE SCREENING The applicant is proposing nineteen (19) - 24-inch box trees, primarily along the perimeter of the property. In addition to the screening trees,the applicant is including six (6) - 15-gallon shrubs on either side of the driveway. The planting list is as follows: Common Name, symbol on plan Size Quantity Strawberry Tree (Arbutis Marina),A 24"Box 8 0 Coast Live Oak(Quercus Agrifolia), B 24"Box 8 • Salix Willow Hybrid(Salix Willow Hybrid), C 24"Box 3 • Pink Princess Escallonia Shrub (Escallonia Fradesii), S1 15 Gallon 6 Existing Trees to Remain - Previously Removed Trees - t'� ��, ��n<� max, - ; r 11 . f�-- �!, ' vg. v (r,� % j- r^-;- • •.;; .1 �. \t.�lSA` 7-,---•r..+.+t.^rlr.�+ ^°t, Opens• 1(''.'. .v to r I 'rt ., l' ' .'.r. ,•s �. = � ' � '. Lem- ` r ,m r h,` mma {m) I Liar heel"". Z ::., _ E Li • un eE i ^ _ 4� 1 r • ¢ T • d G,.9�e wn 'f J+ '1 , '` ` 4 0. 4 '' 1 • y • i. did �' w."..7.-- , .fir": ,. n „,r. ry, �4','' '-0 �''. ,i\rx -£1. --..•.,, v,.EAS b..] ,--,h.- A i aw=WC 1. 1 D ` ,• 66 �"� Mr Right of iir�'!— r_ti -AL- :' 411101- ••=z1 Way Easement wT Wry UR VII LANE •54°to ;41'131 . I Staff Report to the Planning Commission Lands of CHEN 2210 Old Page Mill Road August 6,2015 Page 13 The applicant is proposing less than 5,000 square feet of new irrigated landscape therefore compliance to Section 10-2.809 of the Los Altos Hills Municipal Code(Water Efficient Landscape Ordinance) is not required. OUTDOOR LIGHTING No new lighting is proposed. All new exterior lighting, including fixtures on structures, shall be approved by the Planning Department prior to installation. GRADING AND DRAINAGE No new grading and drainage is proposed with the landscape screening application. COMMITTEE COMMENTS The Environmental Design and Protection Committee reviewed on June 5,2015 and recommended that the house needs landscape mitigation along the front property line. (See Attachment 4). Since the recommendation,the applicant added screening along Gerth Lane. NEIGHBOR CONCERNS To date, staff has not received any comments from the public. CEQA STATUS This project is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15304 (b) of the CEQA Guidelines which allows new landscaping. ATTACHMENTS 1. Recommended Conditions of Approval 2. December 5, 2013 Planning Commission Minutes 3. December 5, 2013 Planning Commission Staff Report 4. October 3, 2013 Planning Commission Minutes 5. October 3, 2013 Planning Commission Staff Report 6. Environmental Design and Protection Committee Comments 7. Landscape Plans Staff Report to the Planning Commission ATTACHMENT 1 Lands of CHEN 2210 Old Page Mill Road August 6,2015 Page 15 ATTACHMENT 1 RECOMMENDED CONDITIONS FOR.SITE DEVELOPMENT PERMIT FOR A LANDSCAPE SCREENING LANDS OF CHEN, 2210 OLD PAGE MILL ROAD File#184-15-ZP-SD 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 landscape maintenance and water use deposit of$5,000.00 shall be posted prior to final inspection of the new residence. An inspection of the screening plantings to ensure adequate establishment and maintenance shall be made two years after installation. 3. Prior to beginning any grading operation, all significant trees, particularly the•heritage oak trees, are to be fenced at the drip line: The fencing shall be of a material and structure (chain- link) to clearly delineate the drip line. Town staff must inspect the fencing and thetrees 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 fencing must remain throughout the course of construction. No storage of equipment, vehicles or debris shall be allowed within the drip lines of these trees. Existing perimeter plantings shall be fenced and retained throughout the entire construction period. 4. No fencing or gates are approved. 5. No new lighting is approved. No lighting may be placed within setbacks except two entry or driveway lights.Any additional outdoor lighting shall be approved by the Planning Department prior to installation. ENGINEERING DEPARTMENT: 6. 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 (October 15 to April 15) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line. 7. 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. Staff Report to the Planning Commission Lands of CHEN 2210 Old Page Mill Road August 6,2015 Page 16 Project approval may be appealed if done so in writing within 22 days of the date of this approval. The building permit cannot be issued until the appeal period has lapsed. The applicant may submit construction plans to the Building Department after the appeal period is over provided the applicant has completed all conditions of approval required prior to acceptance of plans for building plan check. Please refer to the Conditions of Project Approval set forth herein. If you believe that these Conditions impose any fees, dedications, reservation or other exactions under the California Government Code Section 66000, you are hereby notified that these Conditions constitute written notice of a statement of the amount of such fees, and/or a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest such fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. NOTE: The Site Development permit is valid for one year from the approval date (until August 6, 2016). 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. ATTI` O ` `2 Minutes of a Regular Meeting Town of Los Altos Hills PLANNING COMMISSION Thursday, December 05, 2013, 7:00 P.M. Council Chambers, 26379 Fremont Road Los Altos Hills, CA 94022 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Commissioner Couperus, Commissioner Mandle, Commissioner Partridge, Commissioner Tankha, Chair Abraham Staff: Debbie Pedro, Community Development Director; Brian Froelich, Associate Planner; Nicole Horvitz, Assistant Planner; Jaime McAvoy,Planning Secretary 2. PRESENTATIONS FROM THE FLOOR There were no presentations from the floor. 3. PUBLIC HEARINGS Ex Parte Communications: Commissioner Tankha reported that she spoke with neighbors Gary Kremen and Margot Pratt. Commissioner Partridge reported that he spoke with neighbor Margot Pratt. Commissioner Mandle reported that she had spoken with neighbors Margot and Vaughn Pratt and Gary Kremen. Commissioner Couperus reported that he had spoken to neighbors Gary Kremen and Margot Pratt. Chair • Abraham reported that he had spoken to designer Scott Stotler. 3.1 LANDS OF CHEN, 2210 Page Mill Road; File #100-13-ZP-SD; A request for a Site Development Permit for a 6,095 square foot two-story new residence and 1,411 square foot basement (Maximum height: 26'). The proposal includes eave encroachments in the side setbacks of up to 18" and measures the front setback from the Old Page Mill Road frontage (40') and the side setback from the Gerth Lane frontage (30'). CONTINUED FROM THE OCTOBER 3, 2013 PLANNING COMMISSION MEETING. CEQA Review: Categorical Exemption per Section 15303 (a) (staff-Brian Froelich). Associate Planner Brian Froelich presented the staff report. 1 Planning Commission Regular Meeting Minutes December 5,2013 Approved January 9,2014 Community Development Director Debbie Pedro addressed a letter received from a neighbor requesting the hearing be continued; the Town attorney had advised that the Town has complied with the noticing requirements for this hearing. Commission asked staff questions to clarify the Town's noticing policy. Chair Abraham opened the PUBLIC HEARING. Designer Scott Stotler spoke on behalf of the project. Commissioner Tankha asked questions pertaining to landscape screening and when it would be submitted. She would like the landscape installed sooner rather than later. Mark Bader, Los Altos Hills, asked the Commission to clarify how they came to their decision in regards to the corner lot designation. Margot Pratt, Los Altos Hills, requested that large trees be installed to screen the house as soon as possible. John Nagle, Los Altos Hills, opposed the 18" roof eave encroachment and objected to using Old Page Mill as the front setback. Gary Kremen, Los Altos Hills, expressed concern with the Town's notification policy, requested the project be subject to CEQA, and requested a denial or a denial subject to mediation. Vaughn Pratt, Los Altos Hills, wanted to know how the decision to designate a corner lot came to be, and supported previous statements about visual impact. Mr. Stotler expressed his concern over planting trees too early and having them ruined during construction. Commissioner Tankha asked questions of the designer. Chair Abraham closed the PUBLIC HEARING. Commissioner Tankha asked staff if the Town had similar frontage designation for corner lots. Debbie Pedro referred to an example referenced earlier on Linda Lane. Commission discussion ensued Commissioner Partridge stated the location of the creek had an impact on his decision to change frontage designation as it would lessen the environmental impact. The Chens have done everything asked of them and he supports the project. 2 Planning Commission Regular Meeting Minutes December 5,2013 Approved January 9,2014 Commissioner Tankha stated her support of the project for all the reasons already mentioned. She feels strongly about the landscape going in sooner rather than later so the trees will have matured by the time the building goes up, and will mitigate the visual impact that concerns the neighbors. Commissioner Mandle believes everyone is acting in good faith. This project is a good compromise. To push back the house any further would impact the view as it may have to become a full two-story building. If the house was one story it would extend closer to the creek which would be a negative impact. Commissioner Couperus was not at the October 4th hearing but sees that the Chens have done what the Commission has asked them to do. He stated his support the new frontage along Old Page Mill Road. He does not support the early planting. Chair Abraham concurred with the rest of the Commission, and does not support early planting. MOTION MADE AND CARRIED: Moved by Commissioner Partridge, seconded by Commissioner Tankha and passed unanimously to approve a request for a Site Development Permit for a 6,095 square foot two-story new residence and 1,411 square foot basement (Maximum height: 26'). The proposal includes eave encroachments in the side setbacks of up to 18" and measures the front setback from the Old Page Mill Road frontage (40') and the side setback from the Gerth Lane frontage (30'), with the added condition of moving the fireplace and that the paint reflectivity value will not exceed 50 %. Commissioner Mandle requested the added condition that the applicant be strongly encouraged to include the neighbors in the Landscape Screening process. 12 LANDS OF HARDEN; 24874 OLIVE TREE LANE., File # 273-13-ZP-SD-GD- VAR; A request for a Site Development Permit for a 1,139 square foot two story addition (maximum height 25'), a setback variance for the proposed addition and surface parking spaces to encroach up to 20' within the side yard setback, and a variance to allow a parking configuration that creates an obstructed vehicular access for one (1) parking space. In addition, the applicant is requesting a Grading Policy exception of up to 6'6" of fill for the addition where 3' is allowed. CEQA review: Categorical Exemption per Section 15303 (a) (staff-Nicole Horvitz). Assistant Planner Nicole Horvitz presented the staff report, and noted that the Open Space Committee granted a reduction in the property's Open Space easement since the preparation of her report. Commission asked questions of staff. Chair Abraham opened the PUBLIC HEARING. Architect Michael Chacon spoke on behalf of the project. 3 Planning Commission Regular Meeting Minutes December 5,2013 ATTACHMENT 3 TOWN OF LOS ALTOS HILLS December 5, 2013 Staff Report to the Planning Commission SUBJECT: SITE DEVELOPMENT PERMIT FOR A NEW 6,095 SQUARE FOOT TWO STORY RESIDENCE, 1,411 SQUARE FOOT BASEMENT; LANDS OF CHEN; 2210 PAGE MILL ROAD; FILE #100-13-ZP-SD. CONTINUED FROM THE OCTOBER 3, 2013 PLANNING COMMISISON MEETING. FROM: Brian Froelich,AICP, Associate Planner APPROVED: Debbie Pedro,AICP, Community Development Director • RECOMMENDATION: That the Planning Commission: Approve the requested Site Development Permit for the new residence and basement subject to the recommended Conditions of Approval in Attachment#1. BACKGROUND The Planning Commission reviewed the application for a new residence and basement on October 3, 2013 and continued the application with specific suggestions and recommended modifications (meeting minutes Attachment #3). The Commission's motion included the following directions: • Redesign with a 30 foot side yard setback along Gerth Lane • Redesign with up to 18" eave encroachment into the setbacks • Resite the building to allow for a standard 20 foot right of way dedication along Gerth Lane • Add a condition of approval requiring that the Landscape Screening be heard by the Planning Commission DISCUSSION Site Data: Net Lot Area: 1.1 acres Average Slope: 12.7% Lot Unit Factor: 1.04 Lands of Chen Planning Commission December 5,2013 Page 2 Area Maximum Proposed Existing Increase Left Development 14,547 9,388 5,940 3,448 5,159 Floor 6,100 6,095 2,611 3,488 5 *Basement exempt from Floor Area 1,411 The Planning Commission gave direction to the applicant regarding the project, and the applicants have modified the plans in response to the comments. These changes include: 1.Redesign with a 30 foot side yard setback along Gerth Lane. The revised plans show a similar sized home, architectural style, and floor plan layout. The building finished floor elevation and location on the property are basically unchanged. The first floor width of the building was reduced by approximately seven (7) feet. 2. Redesign with up to 18" eave encroachment into the setbacks. The revised plans show an 18' roof eave encroachment along the Gerth Lane frontage parallel to the 30 foot setback line. The plans also include a partial encroachment at the setback line opposite Gerth Lane. The encroachment is partial in this location because the setback line is at an angle to the residence. The revised drawings include an encroachment of up to 12"for the family room chimney. Although minor, this request constitutes a Minor Variance per Section 10-1.1007(2)(d). A Minor Variance was not described in the public noticing for this project. The project would need to be continued and renoticed if the Planning Commission is to consider the Minor Variance request. Planning staff would not support a Minor Variance request and has included a condition of approval requiring that the chimney be redesigned to comply with setbacks prior to the Building Permit process (condition#16). Planning staff did not find the chimney encroachment during the initial plan checking of the revised plans. Also, the applicant reportedly did not believe the chimney encroachment constituted a Minor Variance and therefore did not disclose to staff that a Setback Variance was part of the proposal. 3. Resite the building to allow for a standard 20 foot right of way dedication along Gerth Lane. The design has been altered to accommodate the 20 foot right of way dedication and 30 foot side yard setback from Gerth Lane. 4. Add a condition of approval requiring that the Landscape Screening be heard by the Planning Commission. Lands of Chen Planning Commission December 5,2013 Page 3 Condition of approval #3 requires Planning Commission review of the landscape screening plan. Neighbor Comments As of the writing of the staff report, no additional neighbor comments have been received. Summary The attached October 3, 2013 Planning Commission staff report (Attachment #2) and meeting minutes (Attachment #3) include additional background information and comments regarding the project. With a revised chimney design, the applicant has followed the direction provided by the Planning Commission. ENVIRONMENTAL REVIEW (CEQA) The project is categorically exempt under CEQA per Sections 15303 (a). ATTACHMENTS 1. Recommended conditions of approval 2. Planning Commission staff report and attachments, October 3, 2013 3. Planning Commission minutes from meeting, October 3, 2013 4. Written comments received following preparation of the October 3, 2013 staff report Lands of Chen Planning Commission December 5,2013 Page 4 ATTACHMENT 1 RECOMMENDED CONDITIONS FOR A SITE DEVELOPMENT PERMIT FOR A NEW RESIDENCE AND BASEMENT LANDS OF CHEN, 2210 PAGE MILL ROAD File# 100-13-ZP-SD-GD PLANNING DEPARTMENT - Please work with Brian Froelich, Associate Planner 650- 947-2505 to complete the following conditions: 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. All existing Blue Gum (E. globulus), Pink Ironbark (E. sideroxylon rosea), River Red Gum (E. camaldulensis), Swamp Gum (E. rudis), Honey Gum (E. melliodora), or Manna Gum (E. viminalis) eucalyptus trees on the property located within 150' of any structures or roadways shall be removed prior to final inspection. Removal of eucalyptus trees shall take place between the beginning of August and the end of January to avoid disturbance of nesting birds protected under the Federal Migratory Bird Treaty Act(MBTA)and California Department of Fish and Game Code Section 3500 et seq unless a nesting bird survey is first conducted and there is a determination that there are no active nests within the tree. 3. After completion of rough framing or at least six (6) months prior to scheduling a final inspection, the applicant shall submit landscape screening and erosion control plans for review by the Planning Commission. The application for landscape screening and erosion control shall be accompanied by the applicable fee and deposit. The plans shall be reviewed at a noticed Planning Commission hearing. Attention shall be given to plantings which will be adequate to break up the view of the structures from surrounding properties and streets. All landscaping required for screening purposes and for erosion control (as determined by the City Engineer) must be installed prior to final inspection. The landscape screening plan shall comply with Section 10-2.809 (water efficient landscaping) of the Los Altos Hills Municipal Code. 4. A landscape maintenance deposit in the amount of$5,000 shall be posted prior to final inspection. An inspection of the landscape to ensure adequate establishment and maintenance shall be made two years after the installation. The deposit will be released at that time if the required plantings remain viable. 5. Prior to requesting the foundation inspection, a registered civil engineer or licensed land surveyor shall certify in writing and state that "the location of the new residence is no less than 40'from the front property line and 30'from the sides and rear property lines." The elevation of the new residence shall be similarly certified in writing to state that "the elevation of the new residence Lands of Chen Planning Commission December 5,2013 Page 5 matches the elevation and location shown on the approved Site Development plan." The applicant shall submit the stamped and signed letter(s) to the Planning Department prior to requesting a foundation inspection and prior to final inspection. 6. Prior to requesting the fmal framing inspection, a registered civil engineer or licensed land surveyor shall certify in writing and state that "the height of the new residence complies with the structure height shown on the approved plans, measured as the vertical distance at any point from the building pad, to the highest part of the structure directly above (including roof materials)." The overall structure height shall be similarly certified in writing and state that "all points of the building (including chimneys and appurtenances) lie within a thirty- five (35) foot horizontal band measured from the lowest visible natural or finished grade topographical elevation of the structure along the building line and the highest point of the roof structure or appurtenance." The applicant shall submit the stamped and signed letter(s) to the Planning Department prior to requesting a fmal framing inspection and prior to fmal inspection. 7. Building mounted lighting shall have frosted glass or be down lights. No lighting may be placed within setbacks except two entry or driveway lights. 8. Skylights shall be designed and constructed to reduce emitted light (tinted or colored glass, or other material).No lighting may be placed within skylight wells. 9. Fire retardant roofing(Class A) is required for all new construction. 10. No new fencing or gates are approved. Any new fencing, walls or gates shall require review and approval by the Planning Department,prior to installation. 11. At the time of submittal of plans for building plan check, the applicant shall submit one of the following checklists to demonstrate compliance with the Town's Green Building Ordinance: A. A GreenPoint rated checklist with the building permit application to indicate that the project will achieve a minimum of fifty (50) points. The checklist shall be completed by a qualified green building professional and shall be attached to the front of the construction plans. The construction plans shall include general notes or individual detail drawings, where feasible, showing the green building measure to be used to attain the required points. B. A LEED for Homes checklist with the building permit application to indicate that the project will achieve a minimum of forty-five (45) points or LEED certification. The checklist shall be completed by a qualified green building professional and shall be attached to the front of the construction plans. The construction plans shall include general notes or Lands of Chen Planning Commission December 5,2013 Page 6 individual detail drawings, where feasible, showing the green building measure to be used to attain the required points. 12.Prior to final inspection and occupancy, a qualified professional as for the scoring system used (GreenPoint Rater or a LEED AP) shall provide documentation to the Planning Department verifying that the building was constructed in compliance with GreenPoint Rated or LEED®certification. 13. Noise generating construction activities shall be limited to Monday through Saturday between the hours of 8:00 am and 5:30 pm. and shall not exceed allowable noise standards set forth in the Municipal Code. No heavy noise generating equipment is allowed to be used on Saturdays and no construction is allowed on Sundays or holidays as noted per Chapter 7, Sec.5-7-01 of the Los Altos Hills Municipal Code. 14. The applicant shall pay School District fees to either the Los Altos School District or the Palo Alto Unified School District, as applicable, prior to acceptance of plans for building plan check The applicant must take a copy of worksheet #2 to school district offices (both elementary and high school in the Los Altos School District), pay the appropriate fees and provide the Town with a copy of the receipts. 15. The property owner shall grant an Open Space Easement to the Town to cover all of the area within 25 feet of the top of Matadero Creek, within the property. No structures are permitted and no grading or fill shall be permitted in this area. Native vegetation may be planted within the easement but no irrigation or sprinkler systems are permitted. The property owner shall provide a legal description and plat exhibits that are prepared by a licensed land surveyor or registered civil engineer and the Town shall prepare the grant document. The grant document shall be signed and notarized by the property owner and returned to the Town prior to acceptance of plans for building permit. 16. The building floor plans and site plans shall be amended to redesign the Family Room chimney to comply with the 30 foot side yard setback. The project designer shall prepare the revised plan and provide two (2) copies to the Planning Department,prior to acceptance of plans building plan check. 17.Prior to beginning any grading operation, tree fencing for all oak trees 12" in diameter and greater in the areas of work. The tree protection measures must be implemented throughout the course of construction. 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. No storage of equipment, vehicles or debris shall be allowed within the drip lines of these trees. Tree fencing requirements: Lands of Chen Planning Commission December 5,2013 Page 7 • Fencing shall be located at the drip line of the tree or trees. • All trees to be preserved shall be protected with chain link fences with a minimum height of five feet(5') above grade. • Fences are to be mounted on two-inch diameter galvanized iron posts, driven into the ground to a depth of at least two feet (2') at no more than 10-foot spacing. • Fencing shall be rigidly supported and maintained during all construction periods. • No storage of equipment, vehicles or debris shall be allowed within the drip lines of these trees at any time. • No trenching shall occur beneath the drip line of any trees to be saved. ENGINEERING DEPARTMENT - Please work with John Chau, Assistant Engineer 650-947-2510 to complete the following conditions: 18. As recommended by Cotton, Shires &Associates, Inc., in their letter dated July 3, 2013, the applicant shall comply with the following: A. Geotechnical Plan Review - The applicant's geotechnical consultant shall review and approve all geologic and geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, site drainage improvements and design parameters for foundations, retaining walls and driveway) to ensure that their recommendations have been properly incorporated. Supplemental geotechnical design criteria should be presented for the partial basement. The results of the plan review shall be summarized by the geotechnical consultant in a letter and submitted to the Town Engineer for review prior to acceptance of plans for building plan check. B. Geotechnical Construction Inspections - The geotechnical consultant shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls prior to the placement of steel and concrete. The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the Town Engineer for review prior to final inspection. 19. Peak discharge at 2210 Old Page Mill Road, as a result of Site Development Permit 100-13, shall not exceed the existing pre-development peak discharge value of the property. Detention storage must be incorporated into the project to reduce the predicted peak discharge to the pre-development value. Provide the data and peak discharge hydrologic model(s) utilized, as well as, the calculations Lands of Chen Planning Commission December 5,2013 Page 8 of the peak discharge value prior and post development. Determine the design peak runoff rate for a 10-year return period storm and provide detention storage design plans to reduce the predicted peak discharge to the pre-development value. All documentation, calculations, and detention storage design(2 plan copies) shall be submitted for review and approval to the satisfaction of the City Engineer prior to acceptance of plans for building plan check. 20. The Engineer of Record shall observe the installation of the drainage system, construction of the energy dissipators, and completion of the grading activities and state that items have been installed and constructed per the approved plans. A stamped and signed letter shall be prepared and submitted to the Town prior to final inspection. 21. All hydrant use is strictly prohibited by the Purissima Hills Water District. A permit for obtaining water for grading and construction purposes must be obtained from the Purissima Hills Water District, and submitted for approval to the Town Engineering Department prior to acceptance of plans for building check. The permit will authorize the use of water from specific on-site or off-site water sources. 22. Any, and all, changes to the approved grading and drainage plan shall be submitted as revisions from the project engineer and shall first be approved by the Town Engineering Department. No grading shall take place during the grading moratorium (October 15 to April 15) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line except to allow for the construction of the driveway access. 23. All public utility services serving this property shall be placed underground. The applicant should contact PG&E immediately after issuance of building permit to start the application process for undergrounding utilities which can take up to 66-88 months. 24. Two copies of an erosion and sediment control plan shall be submitted for review and approval by the Engineering Department prior to acceptance of plans for building plan check The contractor and the property owner shall comply with all appropriate requirements of the Town's NPDES permit relative to grading and erosion/sediment control. The first 100 feet of the driveway shall be rocked during construction and all cut and fill slopes shall be protected from erosion. All areas on the site that have the native soil disturbed shall be protected for erosion control during the rainy season and shall be replanted prior to final inspection. 25. 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 Gerth Lane and ' r Lands of Chen Planning Commission December 5,2013 Page 9 surrounding roadways, storage of construction materials, placement of sanitary facilities, parking for construction vehicles, clean-up area, 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 GreenWaste Recovery, Inc. for the debris box, since they have a franchise with the Town and no other hauler is allowed within the Town limits. 26. 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, and 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 27. The property owner shall have the private wood bridge analyzed by a structural engineer and provide maximum load capacity which can be utilized for construction equipments and vehicles prior to acceptance of building permit plan check 28. The property owner shall dedicate a 20' wide half-width public right of way to the Town over Gerth Lane. The property owner shall provide legal description and plat exhibits that are prepared by a registered civil engineer or a licensed land surveyor and the Town shall prepare the dedication document. The dedication document, including the approved exhibits, shall be signed and notarized by the property owner and returned to the Town prior to acceptance of plans for building plan check. 29. The property owner shall provide a copy of the Residential Service Design Load Information to the Public Works Department prior to acceptance of plans for building permit plan check 30. The property owner shall submit an elevation certificate for the Construction Drawings of the new residence to the Town that indicates the new residence meets F.E.M.A. requirements for the new construction prior to acceptance of building permit plan check 31. The property owner shall submit elevation certificates for the new residence to the Town that indicates the new residence meets F.E.M.A. requirements for the new construction during Building under Construction and at Finished Construction prior to final inspection. 32. The property owner shall pay a pathway fee of $53.00 per linear foot of the average width of the property prior to acceptance of plans for building plan check Lands of Chen Planning Commission December 5,2013 Page 10 FIRE DEPARTMENT - Please work with the Santa Clara County Fire Department 408- 378-4010 to complete the following conditions: 33. An automatic residential fire sprinkler system approved by the Santa Clara County Fire Department shall be included in all portions of the building. Three sets of plans prepared by a sprinkler contractor shall be submitted to the Santa Clara County Fire Department (14700 Winchester Blvd., Los Gatos, CA 95032) for review and approval. The sprinklers shall be inspected and approved by the Fire Department, prior to final inspection and occupancy of the new residence. 34. This project is located within the designated Wildland Urban Interface Fire Area. The building construction shall comply with the provisions of the California Building Code (CBC) Chapter 7A. Vegetation clearance shall be in compliance with CBC Section 701A.3.2.4 prior to project final approval. 35. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property.Numbers shall contrast with their background. CONDITION NUMBERS 14, 15, 16, 18A, 19, 24, 25, 26, 27, 28, 29, 30, AND 32 SHALL BE COMPLETED AND SIGNED OFF BY THE PLANNING DEPARTMENT AND/OR THE ENGINEERING DEPARTMENT PRIOR TO ACCEPTANCE OF CONSTRUCTION PLANS FOR PLAN CHECK BY THE BUILDING DEPARTMENT. ATT° eltmtN f' Minutes of a Regular Meeting Town of Los Altos Hills PLANNING COMMISSION Thursday, October 3, 2013, 7:00 P.M. Council Chambers,26379 Fremont Road L ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Commissioner Tankha, Commissioner Mandle, Commissioner Partridge, Chair Abraham Absent: Commissioner Couperus Staff: Debbie Pedro, Community Development Director; Richard Chiu, Public Works Director; Brian Froelich, Associate Planner; Jaime McAvoy, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR Samuel Broydo, Los Altos Hills, came to mention the upcoming discussion element based on AB 1358, and notify the Commission that he had sent materials for them to review before they make their decision. 3. PUBLIC HEARINGS Ex Parte Communications: Commissioner Mandle reported that she spoke with the property owners, visited the site, and had spoken with multiple neighbors. Commissioner Partridge reported that he had spoken with the property owners and neighbors. Commissioner Tankha reported that she had spoken with the property owners and neighbors. Chair Abraham reported that he had spoken to the property owners, neighbors, and the architect. 3.1 LANDS OF CHEN, 2210 PAGE MILL ROAD; File # 100-13-ZP-SD; A request for a Site Development Permit for a 6,099 square foot two-story new residence and 1,411 square foot basement (Maximum height: 26'). The application is also requesting a reduced right-of-way width of 40' along Gerth Lane where 50' is required. CEQA Review: Categorical Exemption per Section 15303 (a) (Staff- Brian Froelich). Chair Abraham requested to split the discussion into two parts: one for the right- of-way and one for the residence itself The Commission agreed. 1 Planning Commission Regular Meeting Minutes October 3,2013 Approved November 14,2013 Associate Planner Brian Froelich presented the staff report. Commission asked questions of staff. Public Works Director Richard Chiu explained the purposes of right-of-way dedications, and the criteria for dedication size. Chair Abraham opened the PUBLIC HEARING. Applicant Cici Chen spoke on behalf of her project. Dan Tackas, Hatchmont/McDonald, traffic engineer, spoke on behalf of the reduced right-of-way dedication. Designer Scott Stotler spoke on behalf of the project. Applicant John Chen spoke on behalf of his project. Mark Bader, Los Altos Hills, also building a home on Gerth lane, stated his opposition to the waiver of the right-of-way dedication. Margot Pratt, Los Altos Hills, stated her opposition to the waiver of the right-of- way dedication. Gary Kremen, Los Altos Hills, stated his opposition to the waiver of the right-of- way dedication. Chair Abraham closed the PUBLIC HEARING. Chair Abraham re-opened the PUBLIC HEARING. Paul Waserman, representing the Snyder family, Los Altos Hills, spoke in support of the project. Mr. Chen responded to the comments made by his neighbors, and gave his closing statement. Commission discussion ensued. Mr. Stotler spoke again, but to the design of the house in reference to the front setback, now that the Commission has agreed to uphold the standard right-of-way dedication. John Nagle, Los Altos Hills, Gerth Lane Home Owner's Association President. Speaking on his own behalf, not the Association's. Opposed to changing the front section of the property to Old Page Mill Road. 2 Planning Commission Regular Meeting Minutes October 3,2013 Approved November 14,2013 Mr. Kremen spoke again, requesting mediation with the Chens to keep the neighbors involved in the Site Development process. Vaughn Pratt, Los Altos Hills, is concerned about the visual impact of the house, and while he is not opposed to the size, he is worried it will not stick to the rural atmosphere of the neighborhood. Ms. Chen spoke again. Chair Abraham closed the PUBLIC HEARING. Commission discussion resumed. Chair Abraham called for a recess. Commission reconvened at 10:00 PM. Applicants requested to continue the public hearing, and request a direction on where the commission stands on the 30 foot setback, so they can decide where to go from there. MOTION MADE AND SECONDED: Commissioner Partridge moved to continue, to a date uncertain, a request for consideration of a 30 foot side setback along Gerth Lane, and up to an 18 inch encroachment of the eaves into the setback, and include the added condition that the applicant bring the Landscape Screening Plan to the Planning Commission, based on a 20 foot right-of-way dedication. The motion was seconded by Commissioner Tankha. AYES: Commissioner Tankha, Commissioner Mandle1 Commissioner Partridge, Chair Abraham NOES: None ABSENT: Commissioner Couperus ABSTAIN: None MOTION CARRIED. 4. OLD BUSINESS - none 3 Planning Commission Regular Meeting Minutes October 3,2013 ATTACHMENT 5 TOWN OF LOS ALTOS HILLS October 3, 2013 Staff Report to the Planning Commission SUBJECT: SITE DEVELOPMENT PERMIT FOR A NEW 6,099 SQUARE FOOT TWO STORY RESIDENCE, 1,411 SQUARE FOOT BASEMENT AND A REQUEST TO REDUCE THE GERTH LANE RIGHT OF WAY WIDTH FROM 50 FEET TO 40 FEET; LANDS OF CHEN; 2210 PAGE MILL ROAD; FILE#100-13-ZP-SD. FROM: Brian Froelich,AICP,Associate Planner APPROVED: Debbie Pedro, AICP, Community Development Director RECOMMENDATION: That the Planning Commission: Deny the requested Right of Way width reduction based on the Findings of Denial in Attachment #1 and advise the applicant to redesign the project to comply with the standard right of way width and required setbacks. BACKGROUND The subject property is located at the corner of Old Page Mill Road and Gerth Lane. All properties that access Gerth Lane have addresses on Old Page Mill Road or Page Mill Road. The applicant is proposing a new 6,099 square foot, two-story residence with a 1,411 square foot basement. As part of this request, the applicant proposes a reduced right of way width dedication. The applicant is proposing to reduce the right of way width from 50 feet to 40 feet wide. In addition, the applicant is proposing to use the Old Page Mill Road frontage as the front property line to measure the 40 foot front setback and the Gerth Lane frontage to be a side yard with a 30 foot setback. The property is 1.1 acres with an average slope of 12.7%. The site is currently developed with a single story residence and attached garage. The existing structures are to be demolished and the driveway access is proposed to be relocated 45 feet east of the existing driveway on Gerth Lane. The site accesses a 30 foot wide right of way easement (Gerth Lane). Matadero Creek traverses the property along the eastern boundary. DISCUSSION Site Data: Net Lot Area: 1.1 acres Average Slope: 12.7% Lot Unit Factor: 1.04 Lands of Chen Planning Commission October 3,2013 Page 2 Area Maximum Proposed Existing Increase , Left Development 14,547 9,388 5,940 3,448 5,159 Floor 6,100 6,099 2,611 3,488 1 *Basement exempt from Floor Area 1,411 Site and Architecture The 1.1 acre site has a 12.7% slope that ascends east to west. Matadero Creek marks the low point of the property and runs parallel to Page Mill Road. The building site location is shifted toward the higher ground on the site and away from Matadero Creek. The 100 year flood elevation is shown on plan sheet C-1. The design of the proposed two story residence utilizes all of the allowable floor area but reserves over 5,000 square feet of development area. The proposed site layout includes a three car garage in the area of the existing garage however the garage doors are reoriented to a new street access point at a lower elevation along Gerth Lane. The exterior building materials include cement plaster with pre-cast and wrought iron features, and a concrete tile roof. The residence includes a partial basement(1,411 sf). The proposed residence complies with setbacks and height standards per Title 10 of the Municipal Code. It must be noted that the setback compliance assumes a reduced right of away and a 30 foot property line setback from the Gerth Lane frontage. Driveway&Parking The proposed driveway will utilize a relocated access from Gerth Lane approximately 45 feet down slope of the existing driveway. The driveway directly approaches the proposed three car garage and one surface parking space. Outdoor Lighting Outdoor lighting is shown on the elevation plan sheets. The plan shows a combination of wall mounted and recessed lighting. Grading &Drainage The Engineering Department has reviewed the project Civil Engineering plans and has determined that the proposal complies with the Grading Policy and the Town's drainage standards. Grading quantities include: • 950 cubic yards of cut • 300 cubic yards of fill • 650 cubic yards export Lands of Chen Planning Commission October 3,2013 Page 3 The site grading and cut are primarily for the basement excavation and driveway realignment. The lightwell and basement drainage directs water into area drains conveyed into pipes that connect to an energy dissipater. The downspout and building perimeter drainage are directed into pipes that convey to a detention basin. The detention basin and dissipater locations are approximately 50 feet from the top of Matadero Creek bank and comply with structural setbacks. Geotechnical Review The applicant has provided a Geotechnical Investigation prepared by Earth Investigations Consultants. The Town's Geotechnical consultant has peer reviewed the proposal and recommended standard conditions that include follow up documentation and inspection by the project geologist. (Attachment#6) Trees &Landscaping The site landscaping is a blend of natural and installed plant materials. All landscape on site has not been regularly maintained. The site contains only one heritage oak tree (12" and larger in truck diameter) in the area of work near the existing driveway. The other oak trees on site are near Matadero Creek and away from any possible construction activity. The site contains several Eucalyptus trees all of which would need to be removed with the approval of a new residence. There are several shrubs and trees that will need to be removed to accommodate the new driveway and building footprint. Green Building Ordinance The applicant has submitted a GreenPoint checklist in compliance with the Town's Green Building Ordinance. The building is designed to achieve 91 points in the GreenPoint Rated certification program. Sanitation The site will connect via gravity to the Palo Alto Basin Sewer manhole located in Gerth Lane. Fire Department Review The Santa Clara County Fire Department reviewed the plans and has required that the building be sprinklered and notes that the site is located in the Wildland-Urban Interface Area. (Attachment#7) Lands of Chen Planning Commission October 3,2013 Page 4 Town Committee's Review The Pathways Committee has recommended that the applicant pay the in-lieu fee. (Attachment#3) The Open Space Committee has recommended that an Open Space Easement be granted over the area within 25 feet of the top of bank of Matadero Creek within the property. (Attachment#4) The Environmental Design and Protection Committee commented that landscape mitigation plantings will be needed on the north side of the residence. (Attachment#5) Right of Way Dedication Overview — Right of way dedication is described in the following Municipal Code Section: 10-2.1202 Right-of-way dedication. Whenever a site development permit is requested for a lot which was created prior to January 1, 1973, and where the driveway or contiguous road rights-of-way are substandard, the Planning Director or Planning Commission may require dedication of a right-of-way of sufficient width to conform to current Town standards. (§ 15, Ord. 299, eff. December 11, 1985; §8, Ord. 384, eff. October 18, 1996) The Town has been successively subdivided over the past 100+ years. Many of these subdivisions were approved prior to 1973 with right of way widths that are now inadequate. The mechanisms for right of way dedication include subdivision, new residence, or major addition development projects. The dedication is typically a condition of project approval. Following project approval, the project engineer will prepare plat and legal description documents for recording with the Santa Clara County Clerk Recorder. The Planning Department has consistently applied the above Section with a condition of approval for new residence and addition projects when Floor Area is increased by 25% or more. The Town's Engineering Department keeps a record of all rights of way in Town. These records were last updated in a comprehensive effort between March 1998 and January 1999. The records note the existing right of way widths, needed dedications, and all underlying documents that created rights of way. For site development purposes, a right of way dedication requirement has the greatest bearing on setbacks because the locations of the abutting property lines are adjusted to meet required right of way widths (post-dedication). The widths of rights of way in Town range between 40 feet and 60 feet with most roads being either 50 feet or 60 feet (approximately 85%). The width standards are specific to each roadway based on traffic, safety, and future development. Lands of Chen Planning Commission October 3,2013 Page 5 Gerth Lane History - Gerth Lane was previously determined to have a 60 foot wide right of way requirement by the Town's Engineering Department. The width of Gerth Lane was then reduced to 50 feet by the City Council in approving a major addition project in 1994 at 2240 Page Mill Road(north side of Gerth Lane). (2240 Page Mill Road CC minutes—Attachment#9) As a matter of background, when the properties along Gerth Lane were initially subdivided in the 1940's, Gerth Lane was mapped as a 30 foot wide right of way easement exclusively over the properties along the south side of Gerth Lane. Since that time, a 30 foot right of way width has become substandard for any road in Town. Thus, the Council's action in 1994 to reduce the right of way width to 50 feet meant that the owner of 2240 Page Mill Road (north side) needed to grant 20 feet of right of way along their frontage to be added to the existing 30 foot wide right of way easement (south side) for a total of 50 feet wide. This situation is unusual because in most cases the right of way widths are equally shared for properties on both sides of a road. Right of Way Policy - The Town adopted a Right of Way Policy in 1989. The Policy defines terms, declares standards and further outlines process for right of way dedication. The Policy also assigns authority to the Planning Commission to determine right of way width. Section 6.c) of the Right of Way Policy states: "In no event shall a road right-of-way of less than 40 feet be approved. If right-of-ways of less than 50' are approved by the Planning Commission, specific findings must be made relating to traffic, safety and future development." Right of Way Policy Section 7 states: "The setback for all new construction on all properties shall be no less than 70'from the centerline of the dedicated road right-of-way or vehicular easement. Corner lots will have setbacks of 70'from the centerline of the major road and 60'from the centerline of the minor road. The Site Development Authority will retain the right to determine the side of greater setback" Right of Way Policy Section 7 has not been applied by the Town. Rather,the Town has consistently applied setback standards following the Municipal Code Section 10-1.505 (c) which states: "10-1.505(c) The setback line for any structure shall be: (1) Where a parcel abuts on a single street or other access way, forty (40)feet from the nearest such public or private street right-of-way, easement for vehicular access, or where an official plan line has been established,from such official plan line. (2) Where a lot abuts on more than one such street, easement, or official plan line, the Planning Commission or the Site Development Authority, whichever entity first acts upon an application relating to the development of a particular property, shall designate the street, easement or official plan line from which the forty(40)foot setback shall be measured, which will Lands of Chen Planning Commission October 3,2013 Page 6 in the judgment of the Site Development Authority, have the least negative environmental, visual or aesthetic impact on neighboring properties and the public at large. (3) Thirty (30)feet from property lines, nearest lines of public or private streets, rights-of- way easements for vehicular access, or official plan lines in all other instances." General Plan-The Town's General Plan Circulation Element includes the following notations regarding right of ways: GP-Cir —pg 1 Introduction "Los Altos Hills, a rural residential community, takes pride in its narrow, winding roadways which maintain and enhance the scenic qualities of the Town while providing access to and from residential neighborhoods. The broad rights-of-way allow residents to walk, ride or run along the roads or along road-side paths, which often are connected to off- road paths between neighborhoods." GP-Cir—pg 4 Roadway Classifications "While most roadways are small and rural, the Town will continue to require wide rights-of-way in order to avoid large cuts and fill, maintain vegetation and accommodate paths, drainage, and utilities." GP-Cir —pg 7 Rights-of-Way "The right-of-way is the area that includes the roadway and the paved area for driving, as well as other related uses such as utilities, pathways, drainage channels and roadside vegetation. Objectives stated below will assist the Town in keeping roadways as natural as possible. Note how the wider right-of-way allows for greater flexibility in the design of the road and increased opportunities to preserve or provide vegetation as well as reducing the amount of cutting and filling that would be required. The Town has attempted to maintain 60 foot rights-of-way for most of its roads." GP-Cir—pg 7 Goal C-1 Objectives "The policies and implementation measures should result in: Adequate space in public right-of-ways to accommodate rural roadways, pathways, utilities, drainage, and vegetative buffers." GP-Cir—pg 8 Goal C-1 Implementation Measures "Develop right of way standards to generally accommodate roadway pavement, drainage, vegetative screening, utilities, slopes, and pathways, and to avoid excessive cuts or fills. A general guide for width would be 60 feet, although this will vary depending on conditions.Additional easements for slope or line of sight may be required" GP Cir —pg 13 Goal C-5 Objectives "Spacious rights of ways wide enough so that trees and shrubs can provide a substantial buffer between the roadway and paths and between the paths and adjacent properties. The resulting corridor should be pleasing and safe for both vehicular and non-vehicular travel." Project Background - The Planning Department's Application Checklist includes a line item that requires the project planner to determine and disclose to a potential applicant if a right of way dedication is needed with any development project. In this case, the right of way records were provided to the applicant and the need for a 20 foot right of way dedication was disclosed during pre-application meetings. The applicant expressed concern over the right of way requirement because of the impact to the setbacks and building site. In discussing options with the applicant, it was noted that Section 10-1.505 (c) (2) states: Lands of Chen Planning Commission October 3,2013 Page 7 (2) Where a lot abuts on more than one such street, easement, or official plan line, the Planning Commission or the Site Development Authority, whichever entity first acts upon an application relating to the development of a particular property, shall designate the street, easement or official plan line from which the forty(40)foot setback shall be measured, which will in the judgment of the Site Development Authority, have the least negative environmental, visual or aesthetic impact on neighboring properties and the public at large. The applicant is proposing a design that utilizes Old Page Mill Road as the front setback and Gerth Lane as the side setback for this project. Neighbor Comments As of the writing of the staff report, the Town has received written comments from seven (7) neighboring properties. The written comments are included in Attachment #8 in the order received. The neighbors unanimously request that the Planning Commission require a 50 foot wide right of way dedication along Gerth Lane. The neighbors also request the determination that Gerth Lane be the front property line and to measure the 40 foot front setback from the dedicated Gerth Lane right of way. Summary The applicant proposes a right of way width reduction to 40 feet along Gerth Lane where a 50 foot width is the standard. The Town's General Plan describes a need for wide right of ways to accommodate not just roads and utilities but to allow for flexibility of road placement in a hillside community, to increase options for road grading with less need for retaining walls, to provide a buffer for vegetation, and maintain and enhance the rural, scenic qualities of the Town. Right of way widths are a broad and Town wide topic that need more study and foresight than is available with a single family residential development project. A case-by-case approach to right of way dedication may lead to a lack of uniformity and consistency in right of way width and thereby building setbacks along streets. Minor modifications to the design and layout of the proposed residence and outdoor living spaces would comply with both setback and right of way standards and result in a similar size home, yard area, and use of the property. Planning Commission Action Items The applicant's request prompts the following actions of the Planning Commission: 1.) Per the Town's Right of Way Policy, the Planning Commission has the authority to allow right of way widths less than 50 feet if findings are made for traffic, safety, and Lands of Chen Planning Commission October 3,2013 Page 8 future development. The Planning Commission shall make findings for approval or denial. - 2.) Per Section 10-1.505 (c) (2), the Planning Commission shall designate the street from which the front property line shall be measured (Old Page Mill Road or Gerth Lane). ENVIRONMENTAL REVIEW(CEQA) The project is categorically exempt under CEQA per Sections 15303 (a). ATTACHMENTS 1. Findings for denial for reduced Gerth Lane right of way width 2. Right of Way Policy, February 15, 1989 3. Pathways Committee minutes from meeting, May 22, 2012 4. Open Space Committee recommendation email, August 14, 2013 5. Environmental Design and Protection Committee Comments, May 10, 2013 6. Cotton and Shires Associates Letter, July 3, 2013 7. Fire Department Comments, May 1, 2013 8. Neighbor letters of opposition in order received 9. 2240 Page Mill Road CC minutes, January 5, 1994 Lands of Chen Planning Commission October 3,2013 Page 9 ATTACHMENT 1 FINDINGS OF DENIAL FOR A REDUCED RIGHT OF WAY DEDICATION LANDS OF CHEN, 2210 PAGE MILL ROAD File# 100-13-ZP-SD-GD 1. The proposal is not compatible with the following General Plan Circulation Element citations: GP-Cir—pg 1 Introduction "Los Altos Hills, a rural residential community, takes pride in its narrow, winding roadways which maintain and enhance the scenic qualities of the Town while providing access to and from residential neighborhoods. The broad rights-of- way allow residents to walk, ride or run along the roads or along road-side paths, which often are connected to off-road paths between neighborhoods." GP-Cir—pg 4 Roadway Classifications "While most roadways are small and rural, the Town will continue to require wide rights-of-way in order to avoid large cuts and fill, maintain vegetation and accommodate paths, drainage, and utilities." GP-Cir —pg 7 Goal C-1 Objectives "The policies and implementation measures should result in: Adequate space in public right-of-ways to accommodate rural roadways, pathways, utilities, drainage, and vegetative buffers." GP-Cir—pg 8 Goal C-1 Implementation Measures "Develop right of way standards to generally accommodate roadway pavement, drainage, vegetative screening, utilities, slopes, and pathways, and to avoid excessive cuts or fills. A general guide for width would be 60 feet, although this will vary depending on conditions. Additional easements for slope or line of sight may be required." GP Cir—pg 13 Goal C-5 Objectives "Spacious rights of ways wide enough so that trees and shrubs can provide a substantial buffer between the roadway and paths and between the paths and adjacent properties. The resulting corridor should be pleasing and safe for both vehicular and non-vehicular travel." 2. The application of the standard Gerth Lane 50 foot right of way dedication and setback requirements do not deprive the owner of privileges enjoyed by other properties in the area. Minor modifications to the design and layout would comply with both setback and right of way standards and result in a similar size home, yard area, and use of the property. 3. The City Council has determined that Gerth Lane is a roadway needing a 50 foot wide right of way in 1994 with the approval of an addition project at a neighboring property on the same side of Gerth Lane. ATTACHMENT 6 2 ) o old ENVIROMENTAL DESIGN and PROTECTION COMMITTEE 1-'1Application For. Applicant Name: �. Gamat ® JUIV Address D�20th �a/o '- - - -� i 'OFLOS Rios mus Reviewed by �,,� � - Date: COMMENTS Site Impact R.p,p cuCkez r, - Sic\c- — Und- s - p-v' Lighting •-0.0 ,wv__• fiv ht11,14,42,0„ ,47,0„ Noise 3+► LeAra at_ , )/) o k In-&AL , rkerzri Creeks Drainage Easements Existing Vegitation Vlitigation wiw: Volunteer-LAH 4/6/15