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HomeMy WebLinkAboutPC 05-20RESOLUTION PC 05-20 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 920 SQUARE -FOOT ADDITION TO AN EXISTING ONE-STORY HOUSE AT 14554 DE BELL ROAD WHEREAS, The Town of Los Altos Hills received an application for a Condition Development Permit (CDP20-0002), a Site Development Permit (SD20-0055) and a Variance (VAR20-0006) to allow for a 920 square -foot one-story addition to an existing 2,946 square -foot, one-story residence with a nonconforming 29 -foot front setback, and nonconforming side yard setbacks of 15.66 feet (north) and 14.33 feet (south) where 30 feet is required, and a Variance to allow for the addition to maintain the existing side yard setbacks at 14554 De Bell 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 side yard setback variance is categorically exempt from the provisions of CEQA pursuant to Section 15305(a), which allows for minor setback variances not resulting in the creation of any new parcel; 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 November 5, 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 (CDP20-0002), Site Development Permit (SD20-0055) and a Variance (VAR20-0006) subject to the findings and conditions in Exhibits "A" and `B" and incorporated herein by reference. The above and foregoing Resolution was passed and adopted by the Planning Commission of the Town of Los Altos Hills at a regular meeting held on the 5th of November 2020, by the following vote: AYES: Patel, Couperus, Smith, Waschura NAYS: Indaco ABSTAIN: None ABSENT: None By: d - ku Raj iv yatel, Chair ATTEST: Zaelfary Dahl, Panning and Building Director Resolution 05-20 Page 1 EXHIBIT A FINDINGS 1. With regard to the Conditional Development Permit (CDP20-0002) and Site Development Permit (SD20-0055) to allow for a 920 square -foot addition to an existing 2,946 square -foot, one-story residence at 14554 De Bell Road, the Planning Commission finds in accordance with sections 10- 1.1007(3) and 10-2.102 the following: 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 substandard 0.46 -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 (15.66 feet on the north side and 14.33 feet on the south 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 addition to encroach into the side yard setbacks. 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 immediate area contains several 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 side yard setbacks. 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 landforms. No trees will be removed to accommodate the addition and grading is limited to the footings for the foundation of the addition. 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 encroachments into the 30 -foot side yard setbacks. In addition, the proposed setbacks allow for the preservation of existing perimeter landscaping. Resolution OS -20 Page 2 2. With regard to the Variance (VAR20-0006) to allow for reduced side yard building setbacks along the north and south property lines on a 0.461 acre lot at 14554 De Bell Road, the Planning Commission finds in accordance with Section 10-1.1007(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 substandard lot size (0.461 net acres) and the fact that the existing residence maintains 15 -foot side yard setbacks. The Town's 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 920 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 substandard 0.461 -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. Resolution 05-20 Page 3 EXHIBIT B CONDITIONS OF APPROVAL 14554 De Bell Road — File 4 CDP20-0002, SD20-0055, and VAR20-0006 PLANNING DEPARTMENT 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. 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 24 months from the date of Building Permit issuance. Failure to complete the project in the allotted time may result in substantial penalties and fees. 3. 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. 4. A $5,000 landscape maintenance and water usage deposit shall be paid to the Town prior to final inspection of the new residence. Two years after the project has been completed, staff will review the water usage for the property and conduct a site inspection to ensure installed landscape screening is still present and has been adequately maintained. Inadequate maintenance of installed landscape screening and/or water usage greater than the annual usage indicated on the approved parcel water budget worksheet, may result in complete forfeiture of this deposit. 5. 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 by the Site Development Committee at a noticed public hearing. Attention shall be given to plantings which will be adequate to screen the addition along the north and south property lines. 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. 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 Resolution 05-20 Page 4 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. 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. 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. 10. The roof eaves of the addition shall not encroach any further into the required side yard setbacks than the existing structure. The roof eaves shall be shown on the site plans in the set of construction drawings. 11. The window on the north wall of the exercise room shall be removed. 12. No new fencing is approved. Any new fencing or gates shall require review and approval by the Planning Department prior to installation. 13. Exterior building lighting is approved as shown on the plans and as modified by this condition. All exterior wall or eave lighting not adjacent to an exterior door or the garage door shall be removed. Cut sheets" for all light fixtures shall be submitted to the Planning Department prior to acceptance of plans for building plan check. Exterior light fixtures shall utilize fully shielded fixtures where bulbs are not visible when viewed directly and shall not exceed 600 lumens and 3,000 kelvins per fixture. Additional outdoor lighting may be approved with the landscape screening plan prior to installation. 14. 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. 15. Fire retardant roofing (Class A) is required for all new construction. 16. Exterior finish colors of the entire structure 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 building permit. 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. Resolution 05-20 Page 5 18. 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. 19. 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 are no less than 15 feet 8 inches from the north side property line, 14 feet 4 inches 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. ENGINEERING DEPARTMENT 20. 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. 21. 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. 22. The property shall provide the Town with high-quality color photographs of the existing conditions of the roadways and pathways prior to acceptance of plans for building plan check. 23. Two copies of a 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. 24. The grading/construction operation plan shall address truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic safety on De Bell 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. 25. 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 plan check. 26. Two sets of a final Grading and Drainage plan shall be submitted for review and approval by the Engineering Department at time of building permit submittal. Resolution 05-20 Page 6 27. 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. 28. The property owner shall pay a pathway fee of $3,826, prior to issuance of building permits. PRIOR TO FINAL APPROVAL: 29. 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. 30. 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. 31. 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. 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. Resolution 05-20 Page 7