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HomeMy WebLinkAboutPC15-22RESOLUTION PC 15-22 RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF LOS ALTOS HILLS DENYING APPEALS (APL22-0003 AND APL22-0004) OF THE SITE DEVELOPMENT HEARING IMPOSED CONDITIONS OF APPROVAL FOR A SITE DEVELOPMENT PERMIT FOR LANDSCAPE SCREENING AT 24490 AMIGOS COURT AND UPHOLD CONDITIONS OF APPROVAL ON AUGUST 16, 2022 SITE DEVELOPMENT HEARING WHEREAS, The Town of Los Altos Hills received an application for a Site Development Permit (SD22-0018) from the property owners, Teng Lulu and Teng Su Li for landscape screening plan associated with a previously approved single-family home (SD20-0033) at 24490 Amigos Court ("Project"); and WHEREAS, based on the record presented before it, the Project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15304(b) as the project includes new landscaping; 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 Site Development Committee held a duly noticed public hearing on the Project on August 16, 2022 and considered all written documentation and public comments; and WHEREAS, the Site Development Committee approved the Site Development Permit for landscape screening with conditions; and WHEREAS, on August 30, 2022, Appellants Nicolas Moore and James Wolfe submitted Notices of Appeal (APL22-0003 and APL22-0004) to the Planning Department to appeal the Site Development Committee's conditions of approval to the Planning Commission; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the appeals on October 6, 2022, and considered all evidence, testimony, written documentation and public comments; and NOW THEREFORE, based on the entirety of the record before it, the Planning Commission of the Town of Los Altos Hills hereby denies the appeals and upholds the Site Development Committee's decision dated August 16, 2022, to approve a Site Development Permit (SD22- 0018) for landscape screening plan associated with a previously approved single-family home, subject to the findings in Exhibit "A" and incorporated herein by reference. The Conditions of Approval issued on August 16, 2022 is final and incorporated herein as Exhibit B. 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 this 6th day of October 2022 by the following vote: AYES: Waschura, Bredo, Couperus, Indaco, Patel Resolution PC 15-22 Page 1 NOES: None ABSTAIN: None ABSENT: None r y: Wase ura, Chair ATTEST: Sofia Mangalam Planning Director Resolution PC 15-22 Page 2 EXHIBIT A FINDINGS OF DENIAL Based on the entirety of the record before it, which includes without limitation: the Los Altos Hills General Plan; the Los Altos Hills Municipal Code, Landscape Policy and Guidelines, including but not limited to the Los Altos Hills zoning and site development codes; reports and recommendation from the Los Altos Hills Environmental Design and Protection Committee; all applications, correspondences, all oral and written comments, site plans, and all reports, submittals, presentations, recordings, minutes, written correspondence, and public testimony submitted as part of the Los Altos Hills Site Development Committee's duly noticed August 16, 2022 public hearing, and the Planning Commission's duly noticed October 6, 2022 public hearing; and any other evidence and testimony presented in the record below, the Planning Commission of the Town of Los Altos Hills makes the following findings with regard to the denial of appeals of the Site Development Committee Imposed Conditions of Approval (where applicants appeal Conditions #2, #3 and #4) for a Site Development Permit for landscape screening plan, and a new outdoor kitchen at 24490 Amigos Court (FILE #APL22-0018) ("Conditions of Approval"): a. The August 16, 2022 Site Development Permit application for landscape screening plan and related construction for the project at 24490 Amigos Court was considered and acted upon by the Site Development Committee in accordance with the procedures set forth under the Los Altos Hills Municipal Code. The landscape screening plan is for a previously approved new residence originally reviewed by the Site Development Committee pursuant to Sections 10-2.1305.1 (a) of the Municipal. Code. Under Section 10-2.1305.1 (a), the Planning Director may fast-track any site development application for a project specified for Planning Commission for a principal residence. In addition, landscape screening plans are processed and reviewed by the Town's reviewing authority as Site Development Permit applications. In this case, the Site Development Permit application was conditioned at the August 11, 2020 public hearing to be reviewed by Site Development Committee. All Site Development Permit applications were reviewed pursuant to Section 10-2.1305 of the Municipal Code, entitled "Applications— Action and Hearings". That section states that the Site Development may issue a permit with such reasonable conditions as it deems necessary to achieve the purposes of the site development code chapter or may disapprove the application for site development. The Site Development Committee held a duly noticed public hearing on August 16, 2022 to consider the Site Development Permit application for landscape screening project. Therefore, the Planning Commission finds that the Site Development Permit application was properly considered by the Commission in accordance with the procedures set forth under the Municipal Code. b. The October 6, 2022 appeals of the Conditions of Approval imposed by the Planning Director were considered and acted upon by the Planning Commission in accordance with the procedures set forth under the Los Altos Hills Municipal Code. Decisions of the Site Development Committee are appealable to the Planning Commission pursuant to Section 10-1.1009 of the Municipal Code within fourteen (14) days following the decision prior to it becoming final. The Site Development Committee approved the Site Development Permit with conditions of approval on August 16, 2022. The appeals from that Resolution PC 15-22 Page 3 decision regarding the Conditions of Approval imposed by the Planning Commission were timely filed with staff on August 30, 2022. Consistent with the requirement under Section 10- 1.1009 of the Municipal Code, the Planning Commission set a public hearing on October 6, 2022 within forty-five (45) days from receipt of the appeals and conducted the public hearing on such date to consider the matter. The Planning Commission received public testimony, heard evidence and provided the applicant an opportunity to be heard and respond to questions from the Planning Commission. Therefore, the Planning Commission finds that the October 6 appeals were properly considered in accordance with the procedures set forth under the Municipal Code. c. There was substantial evidence in the record below to support the Site Development Committee's issuance of the Conditions of Approval for approving the Site Development Permit on August 16, 2022. The applicants appeal the Conditions of Approval, specifically Conditions #2, #3, and #4, to the Site Development Permit for the landscape screening plan issued by the Site Development Committee on August 16, 2022. The 1 -acre vacant parcel is located half a mile east of Highway 280 and south of El Monte Avenue, taking access from Amigos Court. The development under construction on the subject lot, including a new single-family residence, a detached ADU, a pool, and associated improvements, was approved on the August 11, 2020 Fast Track public Hearing. Per Condition #7, the property owner is required to submit a landscape screening plan to be reviewed by the Site Development Committee. This requirement to submit landscape screening and erosion control plans is a standard condition of approval for the construction of new residences in the Town. The applicant applied for a Site Development Permit (File #SD22-0018) for the landscape screening for the subject property on March 10, 2022. The Site Development Committee considered Conditions #2, #3, and #4 at a duly noticed public hearing on August 16, 2022. Appellants Nicolas Moore and James Wolfe filed timely appeals (APL22-0003 and APL22- 0004) on August 30, 2022 to modify Conditions #2, #3, and #4 for a 36 -inch box size minimum for all screening trees and eight (8) 36 -inch box Canyon Live Oaks along the northern property line, to mitigate visual and noise impacts. Planning staff at the Town usually recommend a 24 -inch box minimum size for all screening trees and a 15 -gallon minimum size for all screening shrubs when working with the property owners on landscape screening projects. However, the minimum planting size is not an adopted requirement in the Town's Municipal Code, General Plan, or Landscape Policy and Guidelines. Staff verified sixteen (16) landscape screening projects approved in 2021 and found that none of the Conditions of Approval included the minimum plant size for screening landscape. All the approved landscape plans included 24 -inch box screening trees as the minimum sizes. Given the subject residence is a single -story structure in a flat area, it does not require additional landscape screening in larger sizes beyond what had been requested for other new residential development landscape screening. Based on the past practice in the Town that no Resolution PC 15-22 Page 4 projects had been conditioned for a 36 -inch box minimum for all screening trees, a 24 -inch box minimum size for all screening trees is adequate for screening purposes. Due to the County Fire Department's requirement for a driveway unobstructed space and underground utility location, oalc trees are not an ideal tree species along the northern property line. The Landscape Plan Revision 1 proposed six (6) 36 -inch box screening trees to the north of the residence with [29] 15 -gallon screening shrubs along the northern property lines. The updated landscape plan provided sufficient, multi -layer landscape screening as seen from the Appellants' properties. The Los Altos Hills Municipal Code (LAHMC) only requires landscape and berms "to shield Town residents from unnatural noises, such as those from freeways, arterial streets, and nonresidential land uses. " Single-family residential uses are not considered. as noise - generating sources in the Town's General Plan, or Municipal Code. Normal conversation and sound generated in a household are not prohibited or required mitigation measures for noise impact. Resolution PC 15-22 Page 5 EXHIBIT B CONDITIONS OF APPROVAL Lands of Teng— 24490 Amigos Court — File# SD22-0018 PLANNING DEPARTMENT 1. No other modifications to the approved plans dated September 8, 2022 are allowed except as otherwise reviewed and approved by the Planning Director. Any further changes or modifications to the approved plans shall be first reviewed and approved by the Planning Director, prior to planting or commencement of work. 2. All required plantings shown on the plans shall be installed during the winter months between October and March. All screening trees shall be 24 -inch box minimum and all screening shrubs shall be 15 -gallon minimum. 3. The applicant shall replace the 5 -gallon screening trees along Amigos Court with native evergreen low-water usage trees that are 24 -inch box minimum and shrubs that are 15 - gallon minimum. The applicant shall submit a list of replacement trees to the Planning Department prior to installation. 4. The applicant shall provide additional tree planting along the northern property line to address the screening concerns raised by the neighbor. Planning staff will coordinate on the species of the proposed trees with Environmental Design and Protection Committee to be planted and pass the recommendation to the applicant. The applicant shall provide the revised Landscape plan to accommodates these revisions. 5. Exterior lighting is approved as shown on the plans. All light fixtures shall conform to the maximum lumens and kelvins as specified in the Town's Outdoor Lighting Policy. Pool and spa lights may have a maximum of four lights combined. The applicant shall work with planning staff to reduce the number of proposed outdoor lighting to minimize the runway effect. Any changes to the approved lighting plan shall be approved by the Planning Department prior to installation. All exterior lighting fixtures shall be down directed, fully shielded, and non-movable fixtures. No lighting may be placed within setbacks except two driveway or entry lights. 6. Fencing and driveway gate is approved as shown on the plans. The fence is approved as a 6'-0" tall deer fence along the property lines and setback 45' from centerline of Amigos Court. The driveway gate is approved as a 6'-0" tall open style gate with four entry columns and one pedestrian gate setback 45' from centerline of Amigos Court. The location, height and materials of the fence and driveway gate shall be constructed according to the approved plans. Any changes to the location, height, or construction of any proposed fences, gates, or columns shall first be approved by the Planning Department. The new fence and driveway gate shall not obstruct or encroach within any easements on the property. The fence shall not have points, spokes, or sharpened edges per LAHMC Section 10-1.507. Resolution PC 15-22 Page 6 7. 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. 8. Pathways within setbacks shall not exceed four feet in width. 9. A Certificate of Completion shall be prepared by the project Landscape Architect, Irrigation Designer, or Landscape Contractor, provided to the Town, and include the following statement: "The landscape and irrigation system has been installed as specified in the landscape design plan and complies with the criteria of the Water Efficient Landscape Ordinance and the permit." The Certificate of Completion shall be submitted at completion of landscape installation (not required prior to final inspection). 10. A $5,000 landscape maintenance and water usage deposit shall be paid to the Town prior to final inspection of the new residence. 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. ENGINEERING DEPARTMENT 11. Any revisions or additions to the approved grading and drainage plan shall be submitted for review by the Engineering Department. The plan shall be reviewed by the Engineering Department and approved prior to commencement of this project. The approved plan shall be stamped and signed by the project engineer and shall supersede the previously approved grading drainage plan. 12. No grading shall take place during the grading moratorium (October 1 and April 30) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line. 13. 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. 14. Any and all areas on the project 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. 15. All irrigation systems must be located at least three feet from the Town's pathways and outside of the public right of way and public utility easements. The Town staff shall inspect the site and any deficiencies shall be corrected to the satisfaction of the Engineering Department prior to final inspection. FIRE DEPARTMENT Resolution PC 15-22 Page 7 16. Review of this Developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 17. Fire Apparatus (Engine)Access Driveway Required: (Letter received) An access driveway shall be provided having an all-weather surface of either asphalt, concrete or other engineered surface capable of supporting 75,000 pounds and approved by a civil engineer. It shall have a minimum unobstructed width of 12 feet, vertical clearance of 13 feet 6 inches, minimum turning radius of 40 feet outside, and a maximum slope of 15%. Installations shall conform to Fire Department Standard Details and Specifications sheet D -l. Provide document from an civil engineer to justify new hydroflo paver driveway surface capable of supporting 75,000 lbs. 18. Emergency Gate / Access gate Requirements: (As Noted on Sheet L-1.0) Gate installations shall conform with Fire Department Standards Details and Specifications D-1 and, when open shall not obstruct any portion of the required width of 12' for emergency access roadways or driveways. Locks, if provided, shall be free department approved prior to installation. Gates across the emergency access roadways shall be equipped with an approved access devices. If the gates are operated electrically, and approved Knox key switch shall be installed; if they are operated manually, then an approved Knox padlock shall be installed. CFC Sec. 503.6 and 506. After installation, contact 408-341-4420 to schedule an inspection to verify operation of the Knox product. Upon completion of the construction, a final inspection shall be required to be set with the Planning and Engineering Departments 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 15-22 Page 8