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Home My WebLink AboutPC 01-22RESOLUTION PC 01-22 RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF LOS ALTOS HILLS APPROVING FILE# VAR21-006 FOR A VARIANCE OF A 435 SQUARE FOOT _ACCESSORY STRUCTURE ENCROACHING IN THE 30 -FOOT REAR YARD SETBACK LOCATED AT 26685 PURISSIMA ROAD WHEREAS, The Town of Los Altos Hills received an application for a Variance (VAR21-0006) from Mark Stemm and Jennifer Hsia to allow for a 435 square foot accessory structure at 26685 Purissima Road ("Project"); and WHEREAS, the Project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15305(a) which allows for 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 January 13, 2022 and considered all written documentation and public comments; and NOW, THEREFORE, the Planning Commission of the Town of Los Altos Hills hereby APPROVES the Variance (VAR21-0006) 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 special meeting held on the 13th day of January 2022 by the following vote: AYES: Indaco, Waschura, Couperus, Smith NOES: None ABSTAIN: None ABSENT: Patel ATTEST: A/ Sofia Mangalam, Planning Director By: Le lj itta Indaco, Chair Resolution PC 01-22 Page 1 EXHIBIT A FINDINGS 26685 Purissima Road — File # VAR21-0006 1. With regard to the Variance (VAR21-0006) to allow for a reduced rear yard building setback along the northeast property line on a 1.019 -acre lot at 26685 Purissima 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. Due to the topography and configuration of the property, the existing accessory structure was constructed in a suitable location and size to minimize the building footprint. While there is ample space on the property for relocation of the structure to its existing location, existing architecture was designed for the site topography. 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 existing structure to encroach into the rear yard setbacks. Relocating the structure will require substantial changes in design and architecture and likely increase the mass of the building. 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 requested setback variance does not grant a special privilege to the applicant as the accessory structure was built in 1998 and did not cause a special privilege at the time of construction. The new residence is similar in size to existing homes in the area, the development of the new residence with the existing accessory dwelling unit (ADU) and accessory structure 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 rear yard setbacks. Granting a variance allows the applicant to continue utilizing existing structures and have the home they desire while maximizing their enjoyment and floor area of their property. 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 existing development does not exceed the maximum floor area or development area standards, maintains the existing non -conforming rear yard setback of 27'-3", and is not highly visible to the surrounding properties. Resolution PC 0 1 -22 Page 2 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 PC 01-22 Page 3 EXHIBIT B CONDITIONS OF APPROVAL 26685 Purissima Road — File # VAR21-0006 PLANNING DEPARTMENT This approval recognizes the existing development area of 12,870 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 existing accessory structure shall not have cooking facilities. 4. The accessory structure will be utilized for as storage and meditation and not a habitable living area. 5. No new exterior lighting on the existing accessory structure shall be installed. 6. 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. 7. A building permit shall be obtained with required fees from the Building Department to legalize the existing accessory structure. 8. If the existing accessory structure that is encroaching into the required setbacks is demolished to be rebuilt or replaced, the new structure shall meet the Town's zoning and development standards 9. All conditions of approval listed in this Exhibit shall be included on plan sheet(s) in the drawing set submitted for Building Permit. 10. The variance approval shall expire unless a building permit has been procured within one year of the effective date of the variance (January 13, 2022). Resolution PC 01-22 Page 4 ENGINEERING DEPARTMENT 11. 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 1 st to April 30th) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line. Project approval may be appealed if done so in writing within 21 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 weelzs prior to final building inspection approval Resolution PC 01-22 Page 5