HomeMy WebLinkAboutPC 09-21RESOLUTION PC 09-21
RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF LOS ALTOS
HILLS APPROVING A SITE DEVELOPMENT PERMIT TO ALLOW FOR THE
CONSTRUCTION OF A NEW TWO-STORY HOUSE AT 12131 OAK PARK COURT
WHEREAS, The Town of Los Altos Hills received an application for a Site Development
Permit (SD20-0098) from Nick Miller to allow for the construction of new 4,689 square -foot two-
story house with an attached garage, a new accessory dwelling unit, and new pool at 12131 Oak
Park Court ("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 Planning Commission held a duly noticed public hearing on the Project
on January 14, 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 Site Development Permit (SD20-0098) subject to the findings and conditions
contained in Exhibits "A" and `B" and incorporated herein by reference.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Los
Altos Hills on this 6th day of May 2021, by the following vote:
AYES: Patel, Indaco, Couperus, Smith, Waschura
NAYS: None
ABSTAIN: None
ABSENT: None
By:R.,,,v
Rajiv P tel, Chair
ATTEST:
<5P�
Zachary Dahl, Planning and Building Director
Resolution PC 09-21
Page 1
EXHIBIT A
FINDINGS
12131 Oak Park Court — File # SD20-0098
1. With regard to the Site Development Permit (SD20-0056) to allow for a new two-story house
at 12131 Oak Park Court, 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 residence, accessory dwelling unit, pool and associated improvements
comply with all regulations and policies set forth in the Site Development Ordinance
because the project does not exceed maximum floor area, is below the existing
nonconforming maximum development area, is under the maximum building height limits,
and exceeds the minimum required building setbacks.
2. With regard to the Grading Policy exception request, the Planning Commission makes the
following findings:
a. There is sufficient basis to support the Grading Policy exception to allow for fill that
exceeds three feet for the proposed pool patio, ADU, and yard areas and cut that exceeds
four feet for the proposed fire engine turnaround. The proposed grading includes fill that
exceeds three feet that will not significantly increase visual impacts as large retaining walls
will not be visible. Furthermore, the proposed. grading is located at the back of the property
which faced I-280. The cut necessitated by the fire engine turnaround cannot be avoided
without major redesign to the building location and reduction in usable area.
b. The proposed design does achieve the purpose of the Los Altos Hills Municipal Code
Section 10-2.702(c) which states: "The amount of grading, excavation or fill shall be the
minimum necessary to accommodate proposed structures, unless grading is proposed to
lower the profile of the buildings." The design of the house and patios is consistent with
the goal of lowering the profile of the building. Lowering the pool patio to reduce fill will
result in additional cut. While the Town prefers cut to lower the building over fill, the
proposed fill will not result in visible retaining walls.
c. The proposed grading is consistent with grading provisions of the Site Development
Ordinance, including Section 10-2.401 which states the intent to limit adverse effects from
grading and Section 10-2.701 which states an intent to ensure that the site, location and
configuration of structures are unobtrusive when viewed from off-site, that scenic views
are retained, that buildings do not dominate the natural landscape and that ridgelines and
hilltops are preserved. The proposed grading exceptions would not be visible to off-site
neighbors due to the large northerly and easterly setbacks and the location of I-280 adjacent
2
Resolution PC 09-21 Page 2
to the property. Furthermore, the proposed fill will not be held up by retaining walls and
so the topography would appear unimproved or landscaped.
Resolution PC 09-21 Page 3
CONDITIONS OF APPROVAL
12131 Oak Park Court — File # SD20-0098
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 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 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 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. The property owner shall submit building material details to the Planning Department prior
to building permit issuance to address noise attenuation from Highway 280.
5. Hardscaping within dripline of 42" oak tree shall be limited to a 4'-0" wide walkway adjacent
to the house. Reduce patio area to no more than 4'-0" wide.
6. 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.
7. Pathways within setbacks shall not exceed four feet in width. Stairways are not permitted
within setbacks.
8. 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.
9. 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.
10. Fire retardant roofing (Class A) is required for all new construction.
4
Resolution PC 09-21
Page 4
11. 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
receptacles and circuits will be required to allow for future electric appliances. Fireplaces
and all outdoor gas appliances are excluded from these requirements.
12. All construction shall comply with Section R337 of the 2019 California Residential Code
(Materials and Construction Methods for Exterior Wildfire Exposure).
13. No 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. As recommended by Cotton, Shires & Associates, Inc., in their report dated February 2, 2021
the applicant shall comply with the following:
a. Geotechnical Plan Review — The applicant's geotechnical consultant shall review and
approve all geotechnical aspects of the project building and grading plans (i.e., site
preparation and grading, site drainage improvements and. design parameters for
foundations, retaining walls and driveway) to ensure that their recommendations have
Resolution PC 09-21 Page 5
been properly incorporated. The consultant shall also ensure the correct recommended
seismic design criteria are incorporated into project structural design.
If expansive earth material is to be utilized for structural fill, then the consultant shall
clarify what measures will be utilized to prevent adverse shrink -swell or settlement
impacts to proposed site improvements.
The results of the plan review shall be summarized by the geotechnical consultant in a
letter and submitted to the Town Engineer for review prior to acceptance of plans for
building plan check.
b. Geotechnical Construction Inspection — The geotechnical consultant shall inspect, test
(as needed), and approve all geotechnical aspects of the project construction. The
inspections shall include, but not necessarily be limited to: site preparation and grading,
site surface and subsurface drainage improvements, and excavations for basements,
foundations and retaining walls prior to the placement of steel and concrete. The
consultant shall review shoring design, as provided by the Contractor, if applicable
during construction.
The results of these inspections and the as -built conditions of the project shall be
described by the geotechnical consultant in a letter and submitted to the Town Engineer
for review prior to final inspection.
For further details on the above geotechnical requirements, please refer to the letter from
Cotton, Shires & Associates, Inc., dated August 26, 2020.
19. 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.
20. 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.
21. 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.
6
Resolution PC 09-21 Page 6
22. 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.
23. 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 new residence from surrounding properties and from
Altamont 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.
24. 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 30' from all 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.
25. 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.
ENGINEERING DEPARTMENT
26. 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
moratorium (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.
27. 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.
7
Resolution PC 09-21 Page 7
28. 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.
29. 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 at time of
submittal for building plan check. The grading/construction operation plan shall address
truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic safety on Oak
Park Court 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.
30. The property owner shall provide the Town with high-quality color photographs of the
existing conditions of the roadways and pathways at time of submittal for building plan
check.
31. The property owner shall pay a pathway fee of $10,943 prior to permit issuance.
32. 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 work.
33. Peak discharge at 12131 Oak Park Court as a result of Site Development Permit SD20-0098
shall not exceed the existing pre -development peals discharge value of the property.
Detention storage must be incorporated into the project to reduce the predicted peals
discharge to the pre -development value for the proposed increase in impervious surface.
Please provide the data and peal-, discharge hydrologic model(s) utilized, as well as, the
calculations of the peals discharge value prior and post development. Determine the design
peak runoff rate for a 10 -year return period storm and provide detention storage design plans
to reduce the predicted peals discharge to the pre -development value. All documentation,
calculations, and detention storage design (2 plan copies) shall be submitted for review.
34. 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.
35. 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.
36. 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
8
Resolution PC 09-21 Page 8
installed and constructed per the approved plans. A stamped and signed letter shall be
prepared and submitted to the Town prior to final inspection.
37. 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.
38. 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
39. An automatic residential fire sprinkler system approved by the Santa Clara County Fire
Department shall be included in all portions of the building. 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.
40. The gate shall be equipped with a Fire Department approved lcnox key switch or knox
padlock, prior to final inspection.
41. All construction shall comply with applicable provisions of the CFC Chapter 33 and Standard
Detail and Specifications S1-7. Provide appropriate notations on subsequent plan submittals,
as appropriate to the project.
42. 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.
43. 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.
44. The driveway shall be paved with an all-weather surface acceptable to the Fire Department.
For alternative surfaces such as turf block, the boundary edges of the alternate material shall
be delineated as approved by the Fire Department. Delineation shall be by concrete curbs,
borders, posts or other means that clearly delineate the location and extent of the driving
surface.
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
9
Resolution PC 09-21 Page 9
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.
10
Resolution PC 09-21 Page 10