HomeMy WebLinkAboutPC 14-21RESOLUTION PC 14-21
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 POOL AND PATIO AT 26070 NEWBRIDGE DRIVE
WHEREAS, The Town of Los Altos Hills received an application for a Site Development
Permit and Variance (SD21-0043) from Nader Mousavi ("applicant") to allow for the construction
of new 1,121 square -foot pool and 1,788 square -foot requiring Grading Policy Exception at 26070
Newbridge Drive ("Project"); and
WHEREAS, the Project is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15303(e) since the project includes the construction of a
new pool and patio 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 December 9, 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 (SD21-0043) and Grading Policy Exception 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 9th day of December 2021, by the following vote:
AYES:
Indaco, Waschura, Couperus, Patel
NAYS:
None
ABSTAIN:
None
ABSENT:
Smith
By:
rgitta Indaco, Chair
ATTEST:
Sofia Mangalam, Planning and Building Director
Resolution PC 14-21 Page I
EXHIBIT A
FINDINGS
26070 Newbridge Drive — File # SD21-0043
1. With regard to the Site Development Permit (SD21-0043) to allow for a new pool and spa and
patio area at 26070 Newbridge Drive, 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 pool and associated improvements comply with all applicable
regulations and policies set forth in the Site Development Ordinance because the project
does not exceed maximum development area, meets required building setbacks, and
complies with all other applicable requirements in the Site Development Ordinance.
2. With regard to the Grading Policy (approved by City Council 07/21/2011) 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 3 feet for the proposed pool, patio, and site grading. The proposed grading includes
fill in excess of 3 feet for the pool and patio due to the steep slopes. The amount of excess
fill is not excessive and the design minimizes the amount of fill for the patio. Additionally,
the excess fill beyond the footprint of the pool helps to hide the amount of exposed wall.
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 pool and patio is consistent with the
goal of minimizing grading. The grading beyond the footprint of the pool and patio helps
to lower the profile of the pool consistent with the above.
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
due to the large setback and existing vegetation that can be further augmented by new
landscaping.
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Resolution PC 14-21 Page 2
EXHIBIT B
CONDITIONS OF APPROVAL
26070 Newbridge Drive — File 4 SD21-0043
PLANNING DEPARTMENT
1. No other modifications to the approved plans dated November 1, 2021 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 pool 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.
Additional landscaping may be required. Staff will visit the site prior to final inspection to
determine if any additional plantings will be needed for screening purposes or to restore areas
disturbed by grading or construction.
4. 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.
The property owner shall dedicate an open space easement over those portions of the property
within 25 feet of the creels top -of -bank. The property owner shall provide plat map and legal
description prepared by a registered civil engineer or licensed land surveyor and the Town
shall prepare the dedication document. The plat map and legal description shall be submitted
to and approved by the Town prior to building permit issuance and recorded prior to final
inspection. Open space easement agreement shall allow existing fencing to remain but not
be replaced in easement area.
6. Standard swimming pool conditions:
a. Lights shall be designed so that the source is not visible from off-site, pool lights shall
not shine directly away from the house.
b. Drainage outfall structures shall be constructed and located to the satisfaction of the City
Engineer.
c. Equipment shall be enclosed on all five sides for noise mitigation and screening and will
not count as MDA.
d. Pool equipment enclosure shall be completed prior to final inspection of the pool.
7. 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.
Resolution PC 14-21 Page 3
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.
8. All construction shall comply with Section R337 of the 2019 California Residential Code
(Materials and Construction Methods for Exterior Wildfire Exposure).
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.
10. Exterior lighting is approved as modified. 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 in the dining area shall not exceed six fixtures in the trellis and one over the
barbeque. 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.
11. 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.
12. 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.
13. 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 pool and patio is no less than
30 feet from all property lines." The elevation of the pool coping and patio shall be similarly
certified in writing to state that "the elevation of the new pool coping and patio 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.
ENGINEERING DEPARTMENT
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 Pt to April 30th) except with prior approval from the City Engineer. No
grading shall take place within ten feet of any property line.
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Resolution PC 14-21 Page 4
2. 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.
3. 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 two weeks 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 Newbridge Drive, 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.
4. The property owner shall provide the Town with high-quality color photographs of the
existing conditions of the roadways and pathways two weeks prior to acceptance of plans
for building plan check.
5. 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 plan check. The permit will authorize the use of water
from specific on-site or off-site water sources.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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 14-21 Page 5
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 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.
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Resolution PC 14-21 Page 6