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HomeMy WebLinkAbout3.2 ITEM 3.2 TOWN OF LOS ALTOS HILLS December 3, 2015 Staff Report to the Planning Commission SUBJECT: A CONDITIONAL DEVELOPMENT PERMIT FOR AN ADDITION AND SETBACK VARIANCE; LANDS OF POLYAKOV/SABSOVICH; 25541 FREMONT ROAD; FILE#297-15-ZP-SD-VAR FROM: Genevieve Fernandez,Assistant Planner APPROVED: Suzanne Avila, AICP, Planning Director Sc RECOMMENDATION: That the Planning Commission: 1) Approve as proposed; or 2) Approve with modified conditions; or 3) Continue with direction to the applicant and staff on desired plan changes. BACKGROUND The subject property is a .28. acre parcel located on the south side of Fremont Road near Edith Avenue. The existing two story residence was approved by the Planning Commission on November 26, 1986 with a maximum development area of 5,000 square feet and a maximum floor area of 3,500 square feet. The application was previously considered by the Planning Commission on October 22, 1986 in conjunction with a request for a variance to extend into the front setback. That request was not approved and the applicant was asked to re-design the residence to fit within the required setbacks. CODE REQUIREMENTS As required by Section 10-1.1007 of the Zoning Ordinance, this application for an addition has been forwarded to the Planning Commission for review and approval.A Conditional Development Permit is required since the proposed project is located on a property with a lot unit factor(LUF) of 0.50 or less. Pursuant to Section 10-1.1007 (3) of the Zoning Ordinance, in reviewing a Conditional Development Permit application the Planning Commission determines whether the proposed development meets the standards of the Town by considering evidence in support of the findings for approval (Attachment 1). Pursuant to Section 10-1.1007 (2) of the Zoning Ordinance, in reviewing a Variance application the Planning Commission must determine whether the proposed development meets the standards of the Town by considering evidence in support of the findings for approval(Attachment 2). Staff Report to the Planning Commission 25541 Fremont Road December 3,2015 Page 2 of 8 DISCUSSION Site Data: Net Lot Area: .280 acres Average Slope: 6.2% Lot Unit Factor: .280 Floor Area and Development Area: Area (sq.ft.) Maximum Maximum per current granted in Existing Proposed Increase Remaining code 1986 Development 4,900 5,000 5,312 4,941 -371 59 Floor 2,800 3,500 3,016 3,345 329 155 Site and Architecture The applicant is requesting approval of a Conditional Development Permit and variance to construct a 329 square foot additions (46 square feet in the front and 283 square feet in the rear). The proposed additions are in compliance with the Town's floor area, development, and height requirements established in Title 10,Zoning and Site Development of the LAHMC. Variance Request The variance request is for an addition and trellis that would encroach 3 feet into the front setback. In evaluating the variance findings, the Planning Commission should consider the fact that the applicant is working with an existing residence and is within the granted maximum floor area and development area previously approved by the Commission. In addition,the applicant is removing a portion of the driveway and two sheds located in the setback which will reduce the development area to be within the allowable MDA and will reduce nonconforming development. Outdoor Lighting No new outdoor lighting is proposed. Condition#8 requires any new lighting needs to be reviewed and approved by the Planning Department prior to installation. Trees &Landscaping A landscape screening and erosion control plan will be required after framing of the new additions (Condition#2). Any landscaping required for screening or erosion control will be required to be planted prior to final inspection, and a maintenance deposit to ensure viability of plantings will be collected prior to final inspection(Condition#3). Staff Report to the Planning Commission 25541 Fremont Road December 3,2015 Page of Drainage Because the applicant is not increasing the impervious area, no drainage is proposed orrequired with this application. Grading No grading is proposed with this application. Committee Review The Environmental Design. and Protection Committee did not have any recommendations (Attachment 4). CEQA STATUS The proposed project is categorically exempt from the provisions of the California Environmental Quality Act per Section 15301(e)which allows for an addition of up to 50% or 2,500 square feet, whichever is less. ATTACHMENTS . . . 1. Recommended Findings of Approval for CDP 2. Recommended Findings of Approval for Variance 3. Recommended Conditions of Approval . . 4. Comments from Environmental Design and Protection Committee dated August 21, 2015 5. Worksheet#2 6. Findings of Approval from property owner 7. Development plans . Staff Report to the Planning Commission ATTACHMENT 1 25541 Fremont Road December 3,2015 Page 4 of 8 ATTACHMENT 1 FINDINGS OF APPROVAL FOR A CONDITIONAL DEVELOPMENT PERMIT LANDS OF POLYAKOV/SABSOVICH, 25541 FREMONT ROAD File#297-15-ZP-SD-VAR 1. The site for the proposed development is adequate in size, shape and topography to accommodate the proposed intensity of development, including all structures, yards, open spaces, parking, landscaping, walls and fences, and such other features as may be required by this chapter. The proposed addition on the .28 acre parcel has been designed to fit within the maximum floor area and maximum development area as granted be a previous variance. The front addition is one story design that will blend with its surroundings and with neighboring homes. The rear addition is located behind the existing home where it will not be highly visible. Removal of two existing sheds and a portion of hardscape in the side setback will improve the non-conforming state of the property. 2. The size and design of the proposed structures create a proper balance,unity and harmonious appearance in relation to the size, shape and topography of the site and in relation to the surrounding neighborhood. The neighborhood consistsof a mix of one and two story homes. The proposed addition is compliant with Town standards and is harmonious in appearance with the surrounding residences. The additions will not present a visual impact to surrounding homes. 3. The rural character of the site has been preserved as much as feasible by minimizing vegetation and tree removal, excessive and unsightly grading and alteration of natural land forms. No significant trees and shrubs will be impacted by the development. A landscape screening plan will ensure that existing trees and shrubs will be supplemented by new landscaping as needed to adequately screen the residence, reduce the visual impact, and preserve the rural character of the site. 4. The proposed development is in compliance with all regulations and policies set forth in the Site Development ordinance. The proposed addition is in compliance with all regulations and policies set forth in the Site Development Ordinance with the exception of the request for a variance to allow the front addition to encroach into the front setback. Staff Report to the Planning Commission ATTACHMENT 2 25541 Fremont Road December 3,2015 Page 5 of 8 ATTACHMENT 2 FINDINGS OF APPROVAL FOR THE VARIANCE REQUEST LANDS OF POLYAKOV/SABSOVICH, 25541 FREMONT ROAD File#297-15-ZP-SD-VAR 1. That, because of exceptional or extraordinary circumstances applicable to the subject property,including size, 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. The existing residence is located on a substandard lot of.28 net acres which is substantially less than the one acre minimum in Town. The applicant is also working with existing development on the site. The proposed additions will result in a small encroachment with roughly 29 square feet of floor area and a trellis that extends one foot into the front setback The residence with the proposed additions will be consistent with development on surrounding properties. 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 setback variance for the addition is needed to provide a move usable front entry. The approval of the setback variance results in a design that is architecturally compatible with the neighborhood and livable home with a more functional floor plan. 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property,improvements or uses within the immediate vicinity and within the same zoning district. The development of the property will not be detrimental to public welfare or surrounding properties as the proposed development does not exceed the maximum floor area or development area granted by a variance in 1986. The front addition to the house is single story and is heavily screened from Fremont Road and the rear addition is located behind the existing home where it will not be highly visible. 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 or property. The yariance request is not for a use or activity that is not permitted in the zoning district. Staff Report to the Planning Commission ATTACHMENT 3 25541 Fremont Road December 3,2015 Page 6 of 8 ATTACHMENT 3 RECOMMENDED CONDITIONS FOR CONDITIONAL DEVELOPMENT PERMIT FOR A SINGLE STORY ADDITION LANDS OF POLYAKOV/SABSOVICH; 25541 FREMONT ROAD File#297-15-ZP-SD-VAR 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. 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 Site Development Committee. 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 public hearing. Attention shall be given to plantings which will be adequate to break up the view of the new additions 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 of the new residence. The landscape screening plan shall comply with Section 10-2.809 (water efficient landscaping) of the Los Altos Hills Municipal Code. 3. 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 plantings remain viable. 4. 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 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 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. 5. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor shall certify in writing and state that"the location of the new additions and roof eaves matches the setbacks as shown on the Site Development plan". The elevation of the additions shall be similarly certified in writing to state that "the elevation of the new additions matches the elevation and location shown on the Site Development plan." The applicant shall submit the stamped and signed letter(s) to the Planning Department prior to requesting a final inspection. Staff Report to the Planning Commission 25541 Fremont Road December 3,2015 Page 7 of 8 6. All hardscape and floor area proposed to be removed as shown on the site plan shall be removed prior to final inspection. 7. No new fences are proposed. Any new fencing or gates shall require review and approval by the Planning Department prior to installation. 8. No new exterior lighting is proposed.There shall be one light per door or two for double doors. Light fixtures shall have frosted glass or be down lights. 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: 9. Any, and all, changes to the approved Site 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. 10. Final grading and drainage shall be inspected by the Engineering Department and any deficiencies corrected to the satisfaction of the Engineering Department prior to final approval. • 11. 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. 12. 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 shall provide the Town with photographs of the existing conditions of the roadways and pathways prior to acceptance of plans for building plan check 13. 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 Fremont Road and surrounding roadways; storage of construction materials; placement of sanitary facilities; 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 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. CONDITION 12 and 13 SHALL BE COMPLETED AND SIGNED OFF BY THE PLANNING AND ENGINEERING DEPARTMENTS PRIOR TO ACCEPTANCE OF CONSTRUCTION PLANS FOR PLAN CHECK BY THE BUILDING DEPARTMENT. Project approval may be appealed if done so in writing within 22 days of the date of this notice. The building permit cannot be issued until the appeal period has lapsed. The applicant may submit Staff Report to the Planning Commission 25541 Fremont Road December 3,2015 Page 8 of 8 construction plans to the Building Department after the appeal period provided the applicant has completed all conditions of approval required prior to acceptance of plans for building plan check. Upon completion of the construction, a final inspection shall be required to be set with the Planning and Engineering Departments two weeks prior to final building inspection approval. NOTE: The Site Development permit is valid for one year from the approval date(until December 3, 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. ck.a:�..+Ca�,� v sz cam: ATTACHMENT 4 RECEIVED • ENVIROMENTAL DESIGN and PROTECTION COMMITTA 4 1 )cy Application For: .-")7,,,i, __//�2 _, ®® TOWN Jr LLS ALTOS}'Iii / ,r_.-4- ) * 4c _--e��4J Applicant Name: ,/, _. ;:�,�" _ � Address -� '( G'c% . �, -- . Reviewed by i , d Ca.,(2- — Date: e• - /S COMMENTS Site Impact .5 e-e_ FV 0 .61 e..wk .‘445 - i3 I lo-vts e, pe,✓ -,= .---4 u.1 c4 e✓ .Lighting Ge.md2.4'knAcii t'se ee-- th ?C'43' 173 c e Ce—n vwfi 9� .4 59-9.-4-) , V-r e v\vkice--d -i-v.& e pS 1-. uvl .c Noise c-`t- . c viex s 2 ci-,e-t4 Creeks Drainage Easements Existing Vegitation Mitigation wlw: Volunteer-LAH 4/6/15 • ATTACHMENT 5 TOWN OF LOS ALTOS HILLS RECEIVEb PLANNING DEPARTMENT 26379 Fremont Road•Los Altos Hills,California 94022•(650)941-7222•FAX(650)911-03 j60 WORKSHEET#2 EXISTING AND PROPOSED DEVELOPMENT AREA AND FLOOR AREA •TURN IN WITH YOUR APPLICATION •Tf"11MM t`w i ng Al YDS 11111 S . - PROPERTY OWNER'S NAME 7 PROPERTY ADDRESS Z 5 S yno po qd L--4 I-f CALCULAIED BY 41.71110K1 v DATE S.e ZZ 2_0 tc 1 DEVELOPMENT AREA Existing Proposed - DA Credit Total A. House and Garage(from part2.A) C,.3 37.1 354-,_3 B. Decking . C. Driveway and Parking 1827 •-8(a-co 22.o D. Patios and Walkways -4-68:8 76' 2� E. -Tennis Court F. Pool and Pool Decking G. Accessory Building(from part 2.B) H. Solar Panels (ground mounted) - .-I. Any Other Coverage •- Total '312•I -31o,15 - "1141 .15 Roof Mounted.Solar Bonus (LAHMC Section 10-1.502) • Yes No SF Maximum Development Area-MDA (from worksheet#1) 5000.oo Maximum Development Area w/Solar Credit 2 FLOOR AREA Existing Proposed Total A. HOUSE AND GARAGE . a. First Floor • (4-81.7 Si.S (.0 - 5 b. Second Floor /I-V{-.Ca 4-A. 15 17 -8 - c.Attic d. Basement e. Garage 260 jo f. Area over 17' B. ACCESSORY BUILDINGS •a. First Floor b. Second Floor c. Attic d.Basement • Total 3o 1l0 21. 3 3 x-15.3 Maximum Floor Area-MFA (from worksheet#1) 3,Soo TOWN USE ONLY CHECKED BY e / , /i I DATE ii ATTACHMENT 6 • FINDINGS The:findings for a Variance are as follows: 1. Because of exceptional or extraordinary circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the ordinance is found to deprive the property of privileges enjoyed by other properties in.the vicinity and under identical zoning classifications: Existing hallway is extremely tight at 3.1 ft and it's the only entrance to the house. When the door is swung open no 2 people can enter/exit at the same time. Very hard to manage with 3 kids, shopping bags, guests enter and exit one by one. When a child runs through the entrance door, she bungs herself against,the staircase wall. 2. That upon granting of the Variance,the intentand purpose of the ordinance will still be served and the recipient of the Variance will not be granted special privileges not enjoyed by other surrounding property owners: The resulting entrance hall will be of a modest size comparable to the next door house. It's a modestencroachrnent(3 ft):Into.the:front secluded 40ft front yard.The front yard is isolated by=mature vegetationrhencethe.variance,should not impact neighbors' privacy. The encroachment is minimal.comparing to the next door neighbors'encroachment into the front setback. 3. That granting the Variance will not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity,'and within the same. zoning district: The variance for the entrance hall will not be detrimental to the public or the property itself/neighboring properties. Proposed redesigned front elevation will enhancethe overall look and,feel:of:the house.._Resulting.house (English pottage :style.-with:;protruding entrance,trellis, balancedwindows) should improve.aesthetics .of;the-house itself and the street. 4. That the Variance will not allow a'use or activity which is not expressly authorized by the Zoning Ordinance. The variance will notinterfere with the Zoning Ordinance. Addendum:._.. The variance is part of the larger project to make the house more suitable for a young family.with 3:.kids:,'There-was no possibility-of adding basement because.of the flood zone restrictionsand the fact that there is a big,drainage.pipe underneath the house. Integral part of,the project is improving existing structure, working on curb:appeal and bringing entire property up to existing codes. The latter will be addressed by bringing down 2 illegal structures that were built by previous owners-and introducing environmental -friendly pavement..:. .- .