HomeMy WebLinkAboutPC 03-22RESOLUTION PC 03-22
RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF LOS ALTOS
HILLS APPROVING A SITE DEVELOPMENT PERMIT AND VARIANCE TO
ALLOW FOR A REMODEL AND ADDITION AT 11511 SUMMITWOOD ROAD
WHEREAS, The Town of Los Altos Hills received an application for a Site Development Permit
and Variance (SD21-0051 & VAR22-0002) from Alexander Zbrozek ("applicant") to allow for
the construction of 832 square feet of additions to an existing 4,918 square -foot residence resulting
in a maximum structure height increase from 27 feet to 31 feet and 6 inches requiring a Variance
to allow the existing building footprint to encroach 15 feet into the required 45 -foot side yard
setback due to the height increase 11511 Summitwood 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 the construction of additions
to an existing structure not resulting in an increase of more than 50% of 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 a duly noticed public hearing on the Project on
February 3, 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 Site Development Permit (SD21-0051) and Variance (VAR22-0002) subject to
the findings and conditions contained 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 3rd day of February 2022 by the following
vote:
AYES: Indaco, Waschura, Couperus, Patel, Smith
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
Ye_110
Sofia Manga am, Planning Director
By: c i�
gitta Indaco, Chair
Resolution PC 03-22 Page 1
EXHIBIT A
FINDINGS
11511 Summitwood Road — File # SD21-0051 & VAR22-0002
1. With regard to the Site Development Permit (SD21-0051) to allow for additions to an existing
structure, 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 additions, with the exception of the setback encroachment triggered by the
height increase, comply with all applicable regulations and policies set forth in the Site
Development Ordinance because the project does not exceed maximum floor area, is within
the 32 -foot building height limit, and complies with all other applicable requirements in
the Site Development Ordinance.
2. With regard to the Variances (VAR22-0002) to allow for a 15 -foot encroachment into the
required 45 -foot rear yard setback, 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.
The proposed remodel and additions do not substantially change the building footprint and
location of the existing residence which was designed in compliance with the Town's
standard setbacks, specifically 30 feet from the westerly property line. The northerly
portion of the property is characterized by steep slopes and the existing residence was
placed in the south westerly corner of the property due to the topography. Because of this
site layout, the project proposal to increase height creates increased setbacks which cannot
be reasonably achieved while maintaining the existing building footprint and location.
Additionally, the remodel and addition does not substantially increase the visual impact on
the westerly neighbor closest to the area of encroachment because the structure does not
exceed 27 feet in that location and does not physically get closer to the property line. Strict
application of the Code would deprive the applicant of the ability to improve the
habitability of the structure by changing from a flat roof to a shed roof to prevent future
water damage.
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 purpose and intent of the Town's setbacks s to protect neighbors from visual and
privacy impacts caused by developments. The setback regulations talce into account the
Resolution PC 03-22 Page 2
Town's standard height limit of 27 feet, which can be increased by providing greater
setbacks. The uphill side of the residence that will be encroaching continues to comply
with the Town's standard height limit of 27 feet while the downhill side which exceeds 27
feet is not visible to the westerly neighbor. The structure will not appear larger than a house
that would otherwise be compliant with the Code. The granting of the setback variance for
the proposed remodel and addition does not grant a special privilege to the property owner
that is not enjoyed by similar or surrounding property owners as surrounding properties are
not characterized by the same topography and general site layout.
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 granting of the variance for setback encroachment will not be detrimental to public
welfare or surrounding properties as the proposed project will not appear to have a
maximum height over 27 as viewed from the closest neighbor west of the project. As
viewed from Summitwood Road, the house will not appear to exceed the maximum total
structure height of 35 feet. Furthermore, the increase in height is mitigated by the fact that
the residence is lower than the street. As the project does not propose a larger building
footprint, increased runoff will not be an issue for downhill neighbors or users of the
equestrian trail easement.
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 03-22 Page 3
EXHIBIT B
CONDITIONS OF APPROVAL
11511 Summitwood Road — File # SD21-0051 & VAR22-0002
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 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 project 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. 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 at a noticed public hearing. Attention shall be given to plantings which will be
adequate to break up the view of the structure from surrounding properties and streets. 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 structure. The landscape
screening plan shall comply with Section 10-2.809 (water efficient landscaping) of the Los
Altos Hills Municipal Code.
4. A $5,000 landscape maintenance and water usage deposit shall be paid to the Town prior to
final inspection of the structure. 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. 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 any 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.
6. 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 structure complies with the approved
31'-6" maximum structure height, measured as the vertical distance at any point from the
Resolution PC 03-22 Page 4
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.
7. 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 remodeled residence and roof eaves,
are no less than 40' from the front property line and 30' from the side and rear property
lines." The applicant shall submit the stamped and signed letter(s) to the Planning
Department prior to requesting a final inspection.
The property owner shall remove all Stinlcwort (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.
9. Exterior lighting is approved as shown on the plans. Any changes to the approved lighting
plan 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. Light fixtures shall not exceed color temperature of 3000K and emit no more than
600 lumens. No lighting may be placed within setbacks except two driveway or entry lights.
10. 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 at time of submittal
for building plan check. All applicable structures shall be painted in conformance with the
approved color(s) prior to final inspection.
11. 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.
12. Fire retardant roofing (Class A) is required for all new roofing.
13. 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.
14. All construction shall comply with Section R337 of the 2019 California Residential Code
(Materials and Construction Methods for Exterior Wildfire Exposure).
15. 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 permit issuance. The applicant shall
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take a copy of worksheet #2 to school district offices, pay the appropriate fees and provide
the Town with a copy of the receipts.
ENGINEERING DEPARTMENT
16. Any, and all, changes to the grading and drainage 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.
17. 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.
18. 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.
19. The property owner 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.
20. 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.
21. 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 Summitwood 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.
22. 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.
23. 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.
24. 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.
Resolution PC 03-22 Page 6
FIRE DEPARTMENT
25. 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.
26. All construction shall comply with applicable provisions of the CFC Chapter 33 and Standard Detail
and Specifications SI -7.
27. 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 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 weeps 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 03-22 Page 7