HomeMy WebLinkAboutPC 02-20RESOLUTION PC 02-20
RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF LOS ALTOS
HILLS APPROVING A CONDITION DEVELOPMENT PERMIT, SITE
DEVELOPMENT PERMIT AND A VARIANCE FOR A 1,143 SQUARE FOOT
ADDITION TO AN EXISTING ONE-STORY HOUSE AT 14690 MANUELLA ROAD
WHEREAS, The Town of Los Altos Hills received an application for a Condition
Development Permit (CDP20-0003), a Site Development Permit (SD19-0092) and a Variance
(VAR20-0009) from Chris Spaulding to allow for a 1,143 square foot one-story addition to an
existing 2,289 square foot one-story residence at 14690 Manuella Road ("Project"); and
WHEREAS, the Project is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15301(e) since the project includes an addition to an
existing structure that will not result in an increase of more than fifty percent of the floor area; and
WHEREAS, the Project application was processed in accordance with the applicable
provisions of the California Government Code and the Los Altos Hills Municipal Code; and
WHEREAS, the Planning Commission held duly noticed public hearings on the Project
on October 1, 2020 and considered all written documentation and public comments; and
NOW, THEREFORE, the Planning Commission of the Town of Los Altos Hills hereby
APPROVES the Condition Development Permit (CDP20-0003), a Site Development Permit
(SDI 9-0092) and a Variance (VAR20-0009) subject to the findings and conditions in Exhibits "A"
and `B" and incorporated herein by reference.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Los
Altos Hills on this 1St day of October, 2020, by the following vote:
AYES: Patel, Indaco, Couperus, Smith, Waschura
NAYS: None
ABSTAIN: None
ABSENT: None
By: Lpf— � &I -
Rajiv atel, Chair
ATTEST:
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,Zf
Za ary Dahl, Planning Director
EXHIBIT A
FINDINGS
1. With regard to the Conditional Development Permit (CDP20-0003) and Site Development
Permit (SD19-0092)to allow for a 1,143 square -foot addition to an existing 2,289 square -foot
one-story single-family dwelling at 14690 Manuella Road, the Planning Commission finds in
accordance with sections 10-1.007(3) and 10-2.102 as follows:
a. 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 is located on a small 0.44 -acre lot and has been designed to fit within
the floor area, development area and building height limits of the R -A District, and is
maintaining the existing setbacks of the house (nine feet on the north side). The intensity
of development is compatible with other similar sized lots in the area. Due to the limited
size of the development area, the applicant has requested a variance to allow the building,
covered porch, and parking to encroach into the north side yard setback.
b. 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 Manuella Road neighborhood contains a few groupings of substandard size lots with
existing setback encroachments. The proposed residence is similar in size to existing homes
in the area, the residence does not exceed the maximum floor area or development area
permitted on the property, and it meets all other applicable development standards with the
exception to the north side yard setback.
c. 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.
Four redwood trees along the north side of the property are proposed for removal due to
the poor health of the trees. No other significant trees and vegetation will be impacted by
the development. Minimal grading is proposed for the new driveway and building
foundation, and all oaks and perimeter vegetation along the property line will be preserved.
d. The proposed development is in compliance with all regulations and policies set forth in
the Site Development ordinance.
The proposed addition complies with all regulations and policies set forth in the Site
Development Ordinance with the exception of the request for variances to allow building,
parking and porch encroachments into the 30 -foot north side yard setback. In addition, the
proposed setbacks allow for the preservation of existing perimeter landscaping.
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2. With regard to the Variance (VAR20-0009) to allow for a reduced side yard building setback
along the north property line and uncovered parking and hardscape in the north side yard
setback on a 0.439 acre lot at 14690 Manuella Road, the Planning Commission finds in
accordance with Section 10-1.007(2) as follows:
a. 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.
There is an extraordinary circumstance applicable to the subject property with regard to the
small lot size (0.44 net acres) and the fact that it is encumbered by a 20 -foot wide access
easement along the north property line. The required setbacks, 40 feet for the front and 30
feet for the sides and rear, encompass 82.5 percent of the subject property whereas they
only encompass 52.6 percent of a typical one -acre parcel. Therefore, the imposition of the
same setbacks and zoning standards that apply to a one -acre lot deprives the property owner
of certain privileges, including a substantial reduction in the property's buildable area,
reduced patio and outdoor recreation areas, and limitations on the siting of the dwelling
and parking areas. The applicant is requesting a 1,143 square -foot addition to the existing
nonconforming one-story residence to enjoy a larger and more useable residence, similar
to other homes on surrounding properties.
b. 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 variances for the building, porch, and required parking are due to the
substantial reduction in the development area that results from strict application of the 30 -
foot side setbacks on this small .44 -acre lot. Given that other properties in the vicinity have
similar setback encroachments and size constraints, the requested variance would not
represent a special privilege, is necessary for the preservation and enjoyment of substantial
property rights possessed by other conforming property and is consistent with the intent
and purpose of the Zoning Code.
c. 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 proposed development will not be detrimental to public welfare or surrounding
properties as the proposed development does not exceed the maximum floor area or
development area standards, maintains the existing non -conforming side yard setbacks, and
the new additions to the residence will not be highly visible to surrounding properties.
d. 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 use or activities associated with the variance request are permitted uses in the R-A
District.
EXHIBIT B
CONDITIONS OF APPROVAL
14690 Manuella Road — File # CDP20-0003, SDI 9-0092, and VAR20-0009
PLANNING DEPARTMENT
1. This approval recognizes the existing development area of 7,058 square feet on the property
and allows for this development area to be maintained as part of the approved project,
provided that the reconstruction, repair and/or rebuilding does not result in an increase in the
nonconformity or change of use that existed prior to the reconstruction.
2. 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.
The project is subject to the Town's Construction Time Limit Ordinance (Chapter 10, Title
VIII of the Municipal Code). The maximum time for completion of the new addition shall
be 36 months from the date of Building Permit issuance. Failure to complete the project in
the allotted time may result in substantial penalties and fees.
4. 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 of the new addition. 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.
If additional landscaping screening is required, a landscape screening plan shall be submitted
to the Planning Department and reviewed by the Environmental Design and Protection
Committee. Staff will visit the site prior to final inspection to determine if any additional
plantings is needed for screening purposes or to restore areas disturbed by grading or
construction.
6. Prior to beginning any grading operation, all significant trees, particularly any 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.
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7. No new irrigated landscaping shall be placed within 10 feet of the trunk of any existing oak
trees. In addition, all grading shall be minimized within the drip lines of existing trees to be
preserved and no fill shall be placed within the driplines of any fenced trees.
8. The property owner shall remove all Stinkwort (Dittrichia graveolens) plants from the entire
property and in the road right-of-way by manual pulling or use of herbicide by October 1st
of each year until the final approval of the project.
9. Pathways within setbacks shall not exceed four feet in width. Stairways are not permitted
within setbacks.
10. Roof eaves of all structures shall not encroach into the required front and rear yards. The roof
eaves shall be shown on the site plans in the set of construction drawings.
11. No new fencing is approved. Any new fencing or gates shall require review and approval by
the Planning Department prior to installation.
12. Exterior lighting is approved as shown on the plans. Any changes to the approved lighting
shall be approved by the Planning Department prior to installation. All exterior lighting
fixtures shall have non -transparent glass, or shall be down directed or shielded non-movable
fixtures. No lighting may be placed within setbacks except two driveway or entry lights.
13. Skylights, if utilized, shall be designed and constructed to reduce emitted light (tinted or
colored glass, or other material). No lighting may be placed within skylight wells.
14. Fire retardant roofing (Class A) is required for all new construction.
15. All construction shall comply with Section R337 of the 2019 California Residential Code
(Materials and Construction Methods for Exterior Wildfire Exposure).
16. Exterior finish colors of all buildings shall have a light reflectivity value of 50 or less and roof
materials shall have a light reflectivity value of 40 or less, per manufacturer specifications. All
color samples shall be submitted to the Planning Department for approval prior to issuance of
the buildingpermit. All applicable structures shall be painted in conformance with the approved
color(s) prior to final inspection.
17. All properties shall pay School District fees to either the Los Altos School District or the
Palo Alto Unified School District, as applicable, prior to issuance of the building permit. The
applicant shall 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.
18. Plans shall be approved by the Fire Department prior to issuance of the building permit. Any
changes to the plan shall require review and approval by the Planning Department.
19. The new concrete patio shall be reduced to meet the required 30 -foot side yard setback. The
plans shall be updated to reflect this change prior to building permit submittal.
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20. All construction shall comply with 2019 California Green Building Standards Code, Part 11,
Title 24 mandatory measures. The property owner shall provide a 2019 CalGreen Residential
Checklist demonstrating conformance with all applicable mandatory measures at time of
building permit submittal.
21. 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 addition and roof eaves, are no
less than 40' from the front property line, 28'— 5" from the north side property line, 22' from
the south side property line, and 30' from the rear property line." The elevation of the new
addition shall be similarly certified in writing to state that "the elevation of the new addition
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.
22. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor
shall certify in writing and state that "the height of the new addition complies with the 27'
maximum structure height, measured as the vertical distance at any point from the bottom of
the crawl space or basement ceiling if excavated below natural grade, 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 based, measured from
the lowest visible natural or finished grade topographical elevation of the structure along the
building line and the highest topographical elevation of the roof of the structure." The
applicant shall submit the stamped and signed letter(s) to the Planning Department prior to
requesting a final inspection.
ENGINEERING DEPARTMENT
23. 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 restriction (October
1St to April 30th) except with prior approval from the City Engineer. No grading shall take
place within ten feet of any property line.
24. An encroachment permit shall be obtained from the Public Works Department for all work
proposed in the public right-of-way. No work within the public right-of-way shall commence
without an encroachment permit.
25. Two copies of an Erosion and Sediment Control plan shall be submitted for review and
approval by the Engineering Department at time of building permit submittal. 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.
26. 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.
27. Two copies of a Grading & Construction Operation plan shall be submitted by the property
owner for review and approval by the City Engineer and Planning Director at time of building
permit submittal. The grading/construction operation plan shall address truck traffic issues
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regarding dust, noise, and vehicular and pedestrian traffic safety on Manuella 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.
28. 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 high-quality color photographs of the existing conditions of the roadways and
pathways two weeks prior to acceptance of plans for building plan check.
29. 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.
30. The property owner shall pay a pathway fee of $10,943, prior to issuance of the building
permit.
Project approval may be appealed if done so in writing within 23 days of the date of the 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 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.
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 Conditional Development permit is valid for one year from the approval date. 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.
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