HomeMy WebLinkAboutPC 02-21RESOLUTION PC 02-21
RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF LOS ALTOS
HILLS APPROVING A CONDITION DEVELOPMENT PERMIT AND SITE
DEVELOPMENT PERMIT TO LEGALIZE 1,710 SQUARE FEET OF ADDITIONAL
FLOOR AREA AND APPROVAL OF A VARIANCE TO ALLOW FOR A DECK AND
STAIRCASE IN THE EAST SIDE YARD SETBACK AND A PARKING SPACE IN THE
FRONT YARD SETBACK AT AN EXISTING RESIDENCE AT 14486 LIDDICOAT CIRCLE
WHEREAS, The Town of Los Altos Hills received an application for a Conditional Development
Permit to legalize an addition of 1,710 square feet to an existing 2,484 square -foot, two-story single-
family dwelling, including the conversion of 865 square feet into an accessory dwelling unit (ADU),
and variances to allow: 1) a portion of the addition and a deck to encroach up to 14 feet into the west
side yard setback; 2) a new parking space within the front yard setback; and 3) a deck and staircase
encroaching up to 6 feet into the east side yard setback at 14486 Liddicoat Circle ("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 the setback variances
are 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 February
4, 2021 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 (CDP19-0004), Site Development Permit (SD19-
0066) and Variance (VAR19-0013) 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 4th of February 2021, by the following
vote:
AYES: Patel, Couperus, Smith, Waschura, Indaco
NAYS: None
ABSTAIN: None
ABSENT: None
ro
Rajiv atel, Chair
ATTEST:
ZaeKary Dahl, Pl nning and Building Director
PC Resolution 02-21 Page 1
EXHIBIT A
FINDINGS
With regard to the Conditional Development Permit (CDP 19-0004) and Site Development Permit
(SD19-0066)to legalize an addition of 1,710 square feet to an existing 2,484 square -foot, two-
story single-family dwelling, including the conversion of 865 square feet into an ADU at 14486
Liddicoat Circle, the Planning Commission rinds 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 project is located on a 1.112 acre lot with a very steep slope and the additions have been
designed to fit within the floor area, development area and building height limits of the R -A
District, and are within the building envelope with the exception of the attached ADU which
is exempt from the setback standards. The intensity of development is compatible with other
similar sized lots in the area which are greater than the subject property due to lesser average
slopes.
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 numerous homes developed on steeply sloping lots with some
structures highly visible from Interstate 280 and Page Mill Road. The additions to be legalized
are not substantially visible from surrounding properties due to existing vegetation and
topography. The overall floor area of the 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.
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 were removed to accommodate the addition and grading is limited to the stormwater
detention tanks that are required to address the additional site runoff. All oak trees 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 and does not exceed the maximum floor area or development area
PC Resolution 02-21 Page 2
permitted on the property. In addition, no trees or vegetation are proposed for removal and
additional landscaping will be required to address visual impacts to surrounding neighbors.
2. With regard to the Variance (VAR19-0013) to allow: 1) a portion of the addition and a deck to
encroach up to 14 feet into the west side yard setback; 2) a new parking space within the front
yard setback; and 3) a deck and staircase encroaching up to 6 feet into the east side yard setback
at 14486 Liddicoat Circle, the Planning Commission can make the findings to support the deck
and staircase encroachment into the east side yard setback and the parking/hardscape in the front
yard setback but not the elevated deck encroachment into the west side yard setback 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 are extraordinary circumstance applicable to the subject property with regard to lot
shape and the steep topography that justify the granting of variances for the deck and staircase
in the east side yard setback and a parking space in the front yard setback. The original home,
including the two -car garage and all decks, were built within the property's building envelope
in 1977. However, a variance was granted to allow the two required open parking spaces in
the front and side yard setbacks due to the steepness of the lot and the limited area available
at the street level to locate parking that was not in the front setback. In addition, a variance
was granted by the City Council in 1978 for the pool and pool deck on the west side of the
home for similar reasons. Therefore, substantial variances from the Zoning Code have already
been granted and the variance requests for the parking/hardscape in the front yard is justified
by the limited area available adjacent to the street due to the extremely steep average slope
the staircase and deck in the east side yard is justified as the main entrance to the home abuts
the side property line and the only access to the home requires that a staircase and front entry
porch be located in the east side yard setback, which is the side with the least impact on
neighbors. Alternately, the upper level deck on the west side of the house is not justified as
there are adequate existing decks on the home that are compliant with the setback
requirements.
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 staircase, porch and deck on the east side of the property and
the parking/hardscape in the front yard are due to the location of the existing residence on the
property, the shape of the lot and the substantial reduction in the development area that results
from a property with a very steep average slope of over 42%. Previous variance requests were
granted by the Town for required parking, a pool and a pool deck in the setbacks, and the
requested variance would not represent a special privilege as the staircase, walkway and front
porch in the east side yard setback are necessary to provide access to the main entry of the
home and the hardscape in the front yard is not in excess of what other property owners have
in the immediate surrounding area and the amount of development area conforms to the
maximum permitted by the Town code.
PC Resolution 02-21 Page 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 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, the staircase, walkway and front porch are necessary to provide access to the main
entry of the home and the hardscape in the front yard is not in excess of what other property
owners have in the immediate surrounding area. The variances are only for hardscape that
will not impact views and will not be 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.
PC Resolution 02-21 Page 4
EXHIBIT B
RECOMMENDED CONDITIONS OF APPROVAL
14486 Liddicoat Circle — File # CDP 19-0004, SD 19-0066 and VAR19-0013
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. The approval of the Variance legalizes the existing pathways, stairways, landings and decks
within the front and side yard setbacks on the easterly side of the property and the paved
concrete area in the front yard which is opposite the approved parking spaces.
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.
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.
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.
6. 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 side property lines and to
screen the home from Liddicoat Circle. 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.
PC Resolution 02-21 Page 5
The property owner shall grant an Open Space Easement to the Town over the portion of the
property below the 310 -foot elevation contour. Any existing structures shall be removed from
the easement area. No significant grading or fill shall be permitted unless necessary to restore
the original grade. Native vegetation along with temporary irrigation systems to establish the
native vegetation may be planted within the easement. Any future fencing shall allow for the
free movement of wildlife. The property owner shall provide legal description and plat exhibits
that are prepared by a licensed land surveyor 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 issuance of plans for building permit.
8. No new irrigated landscaping shall be placed within 10 feet of the trunk of any existing oak
trees.
9. The property owner shall remove all Stinkwort (Dittrichia graveolens) plants from the entire
property by manual pulling or use of herbicide by October 1 st of each year until the final
approval of the project.
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 deck beams on the westerly side of the ADU shall be removed prior to building permit
issuance.
12. The existing fencing in the front yard setback shall be brought into compliance with Town fence
regulations and all fencing shall be removed from the 10 -foot public utility easement prior to
issuance of any Building Permits. 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 ofplans 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.
PC Resolution 02-21 Page 6
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. 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.
ENGINEERING DEPARTMENT
19. 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.
20. 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.
21. The property shall provide the Town with high-quality color photographs of the existing
conditions of the roadways and pathways prior to acceptance ofplans for building plan check.
22. 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.
23. 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.
24. The property owner shall pay a pathway fee of $3,826.00 prior to acceptance of plans for
building plan check.
AT BUILDING PLAN CHECK:
25. Peals discharge at 14486 Liddicoat Circle as a result of Site Development Permit SD19-0066
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 for the proposed increase in impervious surface. Please provide the data and
peals discharge hydrologic model(s) utilized, as well as, the calculations of the peak discharge
value prior and post development. Determine the design peals 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
PC Resolution 02-21 Page 7
plan copies) shall be submitted for review 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 prior to acceptance of plans for building plan check. Final
drainage and grading shall be inspected by the Engineering Department and any deficiencies
corrected to the satisfaction of the Engineering Department.
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 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 Via Ventana
Way 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. 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.
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.
FIRE DEPARTMENT
32. An automatic residential fire sprinkler system approved by the Santa Clara County Fire
Department shall be included in all portions of the residence. Three sets of plans prepared by a
sprinkler contractor shall be submitted to the Santa Clara County Fire Department Fire
Prevention Division (14700 Winchester Boulevard, 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.
33. Potable water supplies shall be protected from contamination cause by fire protection water
supplies. The applicant and any contractors shall contact the water purveyor supplying the site
PC Resolution 02-21 Page 8
of such project and shall comply with the requirements of that purveyor. These requirements
shall be incorporated into the design of any water-based fire protection systems, and/or fire
suppression water supply systems or storage.
34. All construction shall comply with applicable provisions of the CFC Chapter 33 and Standard
Detail and Specifications SI -7.
35. Approved numbers or addresses shall be placed on all new and existing buildings in such a
position that it is plainly visible and legible from the street or road fronting the property.
Numbers shall be a minimum of four -inches high with a minimum stroke width of 0.5 inch
(12.7 mm) and shall contrast with their background. Address numbers shall be Arabic numbers
or alphabetical letters.
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.
PC Resolution 02-21 Page 9