HomeMy WebLinkAboutPC 05-21RESOLUTION PC 05-21
RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF LOS ALTOS
HILLS DENYING AN APPEAL OF A CONDITION INCLUDED WITH THE SITE
DEVELOPMENT COMMITTEE'S APPROVAL OF A SITE DEVELOPMENT PERMIT
(SD20-0083) FOR A NEW TWO-STORY HOUSE AT 13781 CICERONI LANE
WHEREAS, The Town of Los Altos Hills received an application for a Site Development
Permit (SD20-0083) from Eric Peterson ("Applicant") to allow for the construction of a new 6,279
square -foot two-story house with an attached two -car garage, a 519 square -foot detached garage,
and a 1,000 square -foot detached accessory dwelling unit at 13781 Ciceroni Lane ("Project"); and
WHEREAS, the Project is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15303(a) since the project includes the construction of a
new single-family residence where public services are available in a residential zone; 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 Site Development Committee held a duly noticed public hearing on the
Project on February 16, 2021, considered all written documentation and public comments, and
approved the Project with added conditions; and
WHEREAS, on March 9, 2021, Dana Stalder ("Appellant") submitted an appeal of a
condition included with the Committee's approval to the Planning Commission; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the Project
on April 1, 2021, considered all written documentation and public comments, and voted 5-0 to
uphold the decision of the Site Development committee, deny the appeal, and approve the Site
Development Permit (SD20-0083) subject to the conditions of approval in Exhibit `B".
NOW, THEREFORE, the Planning Commission of the Town of Los Altos Hills hereby
APPROVES the Site Development Permit (SD20-0083) subject to the Findings contained in
Exhibit "A" and the conditions contained in Exhibit `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 111 day of April 2021, by the following
vote:
AYES: Patel, Indaco, Couperus, Smith, Waschura
NAYS: None
ABSTAIN: None
ABSENT: None
By: al -I Ili-. 1) PU)
Rajiv P tel, Chair
ATTEST:
achary Dahl, planning and Building Director
Resolution PC 05-21 Page 1
EXHIBIT A
FINDINGS
13781 Ciceroni Lane — File # SD20-0083
1. With regard to the Site Development Permit (SD20-0083) to allow for a new two-story house
at 13781 Ciceroni Lane, the Planning Commission finds in accordance with Section 10-2.102
of the Los Altos Hills Municipal Code as follows:
a. The proposed development is in compliance with all regulations and policies set forth in
the Site Development ordinance.
The proposed new residence and associated improvements, with the exception of the
significant amount of driveway area within the front and side yard setback areas that goes
beyond the intent of the Town's Zoning Ordinance with regard to driveways in setbacks,
comply with all applicable regulations and policies set forth in the Site Development
Ordinance because the project does not exceed. maximum floor area and development area,
is within the building height limit, meets or exceeds the required building setbacks, and
complies with all other applicable requirements in the Site Development Ordinance.
Resolution PC 05-21 Page 2
EXHIBIT B
CONDITIONS OF APPROVAL
13781 Ciceroni Lane — File # SD20-0083
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 residence 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.
3. All existing Blue Gum (E. globulus), Pink Ironbarle (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 residence. 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. 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.
5. 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 1 st
of each year until the final approval of the project.
6. Pathways within setbacks shall not exceed four feet in width. Stairways are not permitted
within setbacks.
7. Roof eaves of all structures shall not encroach into the required side and rear yards. The roof
eaves shall be shown on the site plans in the set of construction drawings.
8. 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.
9. Fire retardant roofing (Class A) is required for all new construction.
10. All space heating and water heating systems installed in a new residence and/or detached
habitable building shall be all -electric systems. Gas or propane heating systems are not
permitted. If gas cooking or clothes drying appliances are installed, then dedicated electrical
Resolution PC 05-21 Page 3
receptacles and circuits will be required to allow for future electric appliances. Fireplaces
and all outdoor gas appliances are excluded from these requirements.
11. All construction shall comply with Section R337 of the 2019 California Residential Code
(Materials and Construction Methods for Exterior Wildfire Exposure).
12. New fencing is approved as shown on the plans. Any additional or modified fencing or gates
shall require review and approval by the Planning Department prior to installation.
13. All exterior lighting fixtures shall be down directed or shielded non-movable fixtures and
shall not'exceed 3,000 Kelvins and 600 lumens. Exterior lighting on the new residence is
approved as shown on the plans. Landscape lighting is not approved at this time and shall be
submitted with the required landscape screening plan. Any changes to the approved lighting
plan shall be approved by the Planning Department prior to installation. No lighting may be
placed within setbacks except two driveway or entry lights.
14. Standard swimming pool conditions:
a. Lights shall be designed so that the source is not visible from off-site.
b. Drainage outfall structures shall be constructed and located to the satisfaction of the City
Engineer.
c. Equipment shall be enclosed on all four sides for noise mitigation and screening.
15. For swimming pools, at least one of the following safety features shall be installed to the
satisfaction of the Town Building Official:
a. The pool shall be isolated from access to the residence by an enclosure (fencing).
b. The pool shall be equipped with an approved safety pool cover.
c. The residence shall be equipped with exit alarms on those doors providing direct access
to the pool.
d. All doors providing direct access from the home to the swimming pool shall be equipped
with a self-closing, self -latching device with a release mechanism placed no lower than
54 inches above the floor.
16. The pool equipment shelter shall be completed prior to final inspection. The shelter shall be
modified to include sound attenuation material on the inside and the exterior of the shelter
shall utilize exterior materials and colors matching the existing residence.
17. 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.
18. The new concrete fireplace 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.
19. The new detached garage shall be redesigned to eliminate the proposed driveway within the
left side yard setback and the site plan shall be revised to reduce or eliminate the proposed
retaining walls within the left side yard setback. Two sets of revised plans shall be submitted
to the Planning and Engineering Departments for review and approval prior to building
permit submittal.
Resolution PC 05-21 Page 4
20. The proposed driveway for the new detached garage shall be redesigned to utilize fill over
cut to reduce the amount of disturbance to the adjacent heritage oalc tree. Two sets of revised
plans shall be submitted to the Planning and Engineering Departments for review and
approval prior to building permit submittal.
21. 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.
22. 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 building permit. All applicable structures shall be. painted in
conformance with the approved color(s) prior to final inspection.
23. 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.
24. 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 public hearing. Attention shall be given to plantings which will be adequate to
break up the view of the new residence from surrounding properties and from Ciceroni Lane
and Robleda Road. 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.
25. The applicant shall consult with the Project Arborist about the existing heritage oak tree
located behind the residence and replace the lawn with alternative landscaping that eliminates
irrigation within the oak tree's dripline. The revised landscaping design and an arborist
review letter shall be included with the Landscape Screening application.
26. 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.
Resolution PC 05-21 Page 5
27. The applicant shall use structural soil for portions of the new driveway under the driplines
of heritage oak. trees on the property. In addition, the Project Arborist shall supervise any
pruning and excavation activities within the tree protection zones of existing heritage oak
trees.
28. 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 residence and roof eaves, are
no less than 40' from the front property line and 30' from the side 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 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.
29. 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 residence 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.
30. The property owner shall stake out the existing five-foot wide pathway easement along the
southern property line to ensure that the easement is sufficient to navigate around the existing
oak trees prior to building permit issuance. Alternatively, the property owner shall grant an
additional five-foot wide pathway easement to create a 10 -foot wide pathway easement along
the southern property line. 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 final inspection.
ENGINEERING DEPARTMENT
31. 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 restriction
(October I" to April 30th) except with prior approval from the City Engineer. No grading
shall take place within ten feet of any property line.
32. 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 6-8 months.
33. 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.
Resolution PC 05-21 Page 6
34. The property owner shall dedicate additional right-of-way easement to create a 30' wide half -
width public right-of-way to the Town over Robleda Road. 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 issuance of the building permit.
35. The property owner shall provide the Town with high-quality color photographs of the
existing conditions of the roadways and pathways, prior to issuance of the building permit.
36. The property owner shall be required to connect to the public sanitary sewer prior to final
inspection. A sewer hookup permit shall be required by the Town's Public Works
Department, prior to acceptance of plans for building plan check. An encroachment permit
shall be required for all work proposed within the public right of way prior to start of work.
37. The property owner shall provide a copy of the Residential Service Design Load Information
to the Public Works Department, prior to acceptance ofplans for buildingpermitplan check.
38. 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 permit plan check. The grading/construction operation plan
shall address truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic
safety on Ciceroni Lane 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.
39. The property owner shall pay a pathway fee of $10,943, prior to issuance of the building
permit.
40. Two sets of a final Grading and Drainage plan shall be submitted for review and approval by
the Engineering Department. Final drainage and grading shall be inspected by the
Engineering Department and any deficiencies corrected to the satisfaction of the Engineering
Department.
41. Two copies of an Erosion and Sediment Control plan shall be submitted for review and
approval by the Engineering Department. 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.
42. 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.
43. 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.
Resolution PC 05-21 Page 7
44. 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
45. 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 (16795 Lark Avenue, Suite 200, 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.
46. Gate installations shall conform with Fire Department Standard Details and Specification
G-1 and, when open shall not obstruct any portion of the required width of 14' for emergency
access roadways or driveways. Gates across emergency access roadways shall be equipped
with approved access devices. If the gates are operated electrically, an approved Knox key
switch shall be installed; if they are operated manually, then an approved Knox padlock shall
be installed. Gates providing access from a road to a driveway or other roadway shall be at
least 30 feet from the road being exited.
47. The driveway shall be paved with an all-weather surface capable of supporting apparatus
weighing at least 75,000 pounds, a minimum unobstructed width of 14 feet, vertical clearance
of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside,
and a maximum slope of 15%. Installations shall conform with Fire Department Standard
Details and Specifications D-1 and CFC Section 503.
48. 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 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.
49. 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.
50. All construction shall comply with applicable provisions of the CFC Chapter 33 and Standard
Detail and Specification SI -7. Provide appropriate notations on subsequent plan submittals,
as appropriate to the project.
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
Resolution PC 05-21 Page 8
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 Site 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 PC 05-21 Page 9