Loading...
HomeMy WebLinkAboutPC 07-22RESOLUTION PC 07-22 RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF LOS ALTOS HILLS APPROVING A SITE DEVELOPMENT PERMIT AND VARIANCE TO ALLOW FOR A NEW POOL AT 25560 FERNHILL ROAD WHEREAS, on May 24, 2021, the Town of Los Altos Hills received an application for a Site Development Permit and Variance (SD21-0050 & VAR21-0005) from Jay Hollenbeck ("applicant") to allow for the construction of 800 square foot pool requiring a Variance to allow the pool to encroach 15 feet into the required 30 -foot side yard setback measured from an ingress and egress easement at 25560 Fernhill Road ("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 swimming pool; and WHEREAS, the Project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15305(a) since the project includes a request for a setback variance not resulting in the creation of a 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 a duly noticed public hearing on the Project on May 12, 2022and 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 (SD21-0050) and Variance (VAR21-0005) subject to the findings and conditions contained in Exhibits "A" and `B" and incorporated herein by reference. PASSED AND ADOPTED at a special meeting of the Planning Commission of the Town of Los Altos Hills on this 12th day of May 2022, by the following vote: AYES: Waschura, Couperous, Smith NAYS: Indaco ABSTAIN: ABSENT: Patel Vgitta Indaco, Chair ATTEST: Sofia Mangalam, Planning Director Resolution PC 07-22 Page 1 of 6 EXHIBIT A FINDINGS 25560 Fernhill Road — File # SD21-0050 & VAR21-0005 1. With regard to the Site Development Permit (SD21-0050) to allow for anew pool, 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 pool, with the exception of the setback encroachment, comply with all applicable regulations and policies set forth in the Site Development Ordinance because the project does not exceed maximum development area, does not require a grading policy exception, and complies with all other applicable requirements in the Site Development Ordinance. 2. With regard to the Variance (VAR21-0005) to allow for a 15 -foot encroachment into the required 30 -foot side yard setback from an ingress and egress easement, 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 entire property is characterized by steep slopes and a neighbor's ingress and egress easement while the existing residence is located in the widest portion of the property, forcing the location of appurtenant structures downhill into the narrower portion of the lot. Furthermore, the existing septic system is located near the house, further forcing any appurtenant structures downhill in the narrower portion of the lot. Finally, a large, centrally located oak tree forces the pool to the northeasterly portion of the narrow, downhill area. Because of this site layout and the ingress and egress easement, the Town's standard 30 - foot side yard setback cannot be accommodated while retaining the large oak tree. Strict application of the Code would deprive the applicant of the ability to enjoy their property. 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 is to protect neighbors from visual and privacy impacts caused by developments. The setback regulations are generally meant to protect residences from visual and privacy impacts of floor area and development area. Resolution PC 07-22 Page 2 of 6 That 30 -foot side or rear setbacks are also measured from driveway easements provides protections from visual or privacy impacts but to a lesser extent than from public streets where the setback would be 40 feet. Additionally, the pool does not substantially increase the visual impact on the northeasterly neighbor closest to the area of encroachment because the pool is approximately 39 feet from the property line, which is well beyond the standard setback if the easement did not exist. The most impacted neighbor would be the one with rights to the ingress and egress easement, and only when using the driveway as the pool is located on the opposite side of the existing residence. The granting of the setback variance for the proposed pool does not grant, with regards to the purpose and intent of the Town's setbacks, a special privilege to the property owner that is not enjoyed by similar or surrounding property owners. 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 is not seeking a front yard setback encroachment. As viewed from Fernhill Road, the pool will be more than 40 feet away and will not be visible with existing and future landscape screening. Furthermore, there is no downhill neighbor and the net decrease in development area and large front setback provides ample room for runoff to percolate such that there will be no erosion issues for Fernhill Road. 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 07-22 Page 3 of 6 CONDITIONS OF APPROVAL 25560 Fernhill Road— File # SD21-0050 & VAR21-0005 PLANNING DEPARTMENT No other modifications to the approved plans dated December 22, 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 project 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. Standard swimming pool conditions: a. Pool lights shall face the house and 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 sides for noise mitigation and screening and shall not be located within setbacks. d. No more than four (4) lights may be located in the pool and shall face the residence. 4. For swimming pools, at least two safety features are required of the seven outlined by California Residential Code Section AV100.2 and shall be installed to the satisfaction of the Town Building Official. 5. 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 or to restore areas disturbed by construction. Any required landscape screening or erosion control shall be installed prior to final inspection. The Planning Director may require a two-year landscape maintenance deposit, which shall be paid prior to final inspection. 6. 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. 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 pool is no less than 40' from the Resolution PC 07-22 Page 4 of 6 front property line, 30' from side and rear property lines, and 15' from the recorded ingress and egress easement." The applicant shall submit the stamped and signed letter(s) to the Planning Department prior to requesting a final inspection. 8. Pool fencing is approved as shown on the plans dated. Any modified or new fencing shall first be reviewed and approved by the Planning Department. 9. 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. ENGINEERING DEPARTMENT 10. 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. 11. 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. 12. 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 13. 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. 14. 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. 15. 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 07-22 Page 5 of 6 16. 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. 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 07-22 Page 6 of 6