HomeMy WebLinkAbout78-23RESOLUTION 78-23
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
DENYING THE APPEAL (APL23-0003) OF THE PLANNING COMMISSION'S JULY
13, 2023 DECISION AND UPHOLDING THE APPROVAL OF A CONDITIONAL
DEVELOPMENT PERMIT (CDP23-0002), SITE DEVELOPMENT PERMIT (SD22-
0066), AND VARIANCE (VAR23-0001) AT 25851 ESTACADA DRIVE WITH
CONDITIONS OF APPROVAL ISSUED ON JULY 13, 2023 PLANNING COMMISSION
PUBLIC HEARING
WHEREAS, The Town of Los Altos Hills received an application for a Conditional Development
Permit (CDP23-0002), Site Development Permit (SD22-0066), and Variance (VAR23-0001) from
the property owners, Brendan and Taryn Merkley, for a major addition and remodel at 25851
Estacada Drive ("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 Sections 15301(e), 15303(a),
15303(e) and 15305(a) as the project includes additions to an existing residence, a new ADU, a
new pool, and a variance; 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
4, 2023, and considered all evidence, testimony, written documentation, and public comments and
continued the item to a date uncertain; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the project on July
13, 2023, and considered all evidence, testimony, written documentation, and public comments;
and
WHEREAS, the Planning Commission approved the project with added conditions of approval
by a vote of four (4) ayes and one (1) no; and
WHEREAS, on August 2, 2023, Mayor Linda Swan submitted a Notice of Appeal (APL23-0003)
to the City Clerk to appeal the Planning Commission's decision approving the Conditional
Development Permit, Site Development Permit, and Variance.
WHEREAS, on August 17, 2023, the City Council held a duly noticed public hearing to consider
the appeal and considered all evidence, testimony, written documentation and public comments;
and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills
hereby DENIES the appeal and upholds the Planning Commission's decision dated July 13,
2023, to approve a Conditional Development Permit (CDP23-0002), Site Development Permit
(SD22-0066), and Variance (VAR23-0001) for an addition and remodel with setback variances
Resolution 78-23 Page I
and a new swimming pool with conditions of approval issued on July 13, 2023, subject to the
findings in Exhibit "A" and incorporated herein by reference.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of
Los Altos Hills at a regular meeting held on this 17th day of August 2023 by the following vote:
AYES: Mok, Schmidt, Tankha, Tyson
NOES: Swan
ABSTAIN: None
ABSENT: None /
By ,
Linda G. Swan, Mayor
ATTEST:
Deborah Padovan, City Clerk
Resolution 78-23 Page 2
EXHIBIT A
FINDINGS
Lands of Merkley — 25851 Estacada Drive — File# SD22-0066 & CDP23-0002 & VAR23-0001
1. With regard to the Conditional Development Permit (CDP23-0003) for a major addition at
25851 Estacada Drive, the Planning Commission finds in accordance with Section 10-
1.1007(3) of the Los Altos Hills Municipal Code as follows:
a) The site for the proposed development is adequate in size, shape and topography to
accommodate the proposed intensity of development, including all structures, yards, open
spaces, parking, landscaping, walls and fences, and such other features as may be required
by this chapter.
The site, with respect to its existing development configuration, is adequate in size, shape
and topography to accommodate the proposed development and other features. The
existing development currently encroaches into the west and east side yard setbacks by XX
feet. No further encroachment is requested along the western property line. The proposed
total floor area and development area is over 600 square -feet below the property's MFA
and 200 square -feet below the MDA, and therefore the site can adequately accommodate
the proposal. Subsequent additions wishing to utilize the remaining MFA and MDA would
also require a Conditional Development Permit.
b) The size and design of the proposed structures create a proper balance, unity and
harmonious appearance in relation to the size, shape and topography and in relation to
the surrounding neighborhood.
The size and design of the proposed single -story structure is appropriate in size and shape
in relation to the surrounding neighborhoods, which are characterized by single -story
residences along Estacada Drive and two-story residences on Estacada Way. Additionally,
the proposed additions are located in such a configuration that does not change the frontage
of the structure; the visual impact to the surrounding neighborhood is generally unchanged
apart from the front of the house moving closer to the street and increased height. The
eastern neighbor will see additional building frontage and massing but it will not encroach
closer to the property line. Compared to the previous proposal, massing has been reduced
by approximately 10 inches due to the changes in roof pitch and the retention of hipped
roofs on the easterly and westerly ends.
c) The rural character of the site has been preserved as much as feasible by minimizing
vegetation and tree removal, excessive and unsightly grading and alteration of natural
land forms.
The Estacada Drive neighborhood and surrounding area is more suburban than other parts
of Town due to the smaller lot sizes in the neighborhood and proximity to Palo Alto. The
character of the site has been preserved as much as feasible as the existing trees proposed
for removal include invasive species or will need to be replaced with other screening trees.
As the site is generally flat, no grading is proposed for the proposed addition except for the
minimum necessary to accommodate new foundations and pool excavation, the site will be
otherwise unaltered.
Resolution 78-23 Page 3
d) The proposed development is in compliance with all regulations and policies set forth in
the Site Development ordinance.
The proposed development is in compliance with all regulations and policies set forth in
the Site Development ordinance. The project does not exceed MDA and MFA, does not
exceed the maximum height, and does not encroach further into the setback.
2. With regard to the Variance (CDP23-0003) for a major addition at 25851 Estacada Drive
with setback encroachments, the Planning Commission finds in accordance with Section 10-
1.1007(2) of the Los Altos Hills Municipal Code as follows:
1. 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 site is exceptional in its small size/configuration. The project applicant seeks to
remodel and add to the existing residence, which was first constructed in 1954 prior to the
Town's incorporation. While the extent of the remodel is substantial, retention, and
expansion of, the existing footprint constrains development. The proposal maintains a
single -story design to better fit in with the surrounding neighborhood rather than build a
two-story residence. A conforming two-story residence could, not only impose greater
visual impacts to the neighbors but, also add to privacy concerns given the proximity of
the adjoining properties. Additionally, a conforming two-story structure could incur
additional construction costs through structural and foundation reinforcement. Focusing
additions in the center of the property would deprive the property of the ability to develop
their exterior spaces without need for setback variances. Strict application of the Code
would deprive the property of privileges enjoyed by several other properties in the
immediate vicinity.
2. That upon the granting of the variance, the intent and purpose of the applicable section 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 Zoning Ordinance is to guide the development of the Town
in such a way that preserves the rural character of the Town and to provide for "adequate
light, pure air, and safety from conflagration and disaster" primarily through the setback
ordinance. The neighborhood was developed with a smaller side yard setback requirement
prior to the Town's incorporation. Many homes, including the residence on the eastern
neighboring lot, do not meet the standard side yard setbacks of the Town. The granting of
the variance would still serve the setback ordinance as the nonconforming setback will not
be worsened. Additionally, newer construction materials would safeguard the subject
residence and neighboring residences from fires. The granting of the variance would not
grant a special privilege to the property owner as surrounding properties also have reduced
setbacks, likely owing to their original construction dates. Staff did a thorough research on
nearby properties that encroach into the side yard setbacks. 25881 Estacada Drive was
granted a front yard setback encroachment of 11 feet and side yard encroachment of 12
feet to construct a swimming pool. 25875 Estacada Way was granted a variance when
originally constructed in 1980 and again in 2007 for an addition. 25861 Estacada Way is a
two-story structure with approximately 10 -foot setback; however no variance or permit
Resolution 78-23 Page 4
could be located. 25851 (the subject property), 25835, and 25811 Estacada Drive have
approximately 15 -foot setbacks and were constructed pre -incorporation of the Town.
14554 and 14576 De Bell Road have approximately 15 -foot setbacks and were constructed
pre -incorporation. 14555 Miranda Road has approximately 10- to 15 -foot setbacks and was
constructed pre -incorporation. Additionally, the granting of the Variance would not grant
a special privilege to the property owner as there are not many neighborhoods with similar
constraints and existing development patterns which this could set a precedence for.
3. 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 would not be detrimental to the public as the structure would
not encroach into the front setback and would not encroach any further to either side. The
frontage and visual impact would be similar to predevelopment levels apart from the
structure's height. When viewed from the front, the increased height appears less than it
actually is due to the primary roof sloping away from the street. The granting of the
variance could pose an increased visual impact to the easterly neighbor but no view will be
blocked and so it would not be injurious to the property's value.
4. 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 variance would not change the use of the structure. Single-family residences are
allowed in the R -A zoning district.
Resolution 78-23 Page 5
EXHIBIT B
CONDITIONS OF APPROVAL
Lands of Merkley — 25851 Estacada Drive — File# SD22-0066 & CDP23-0002 & VAR23-0001
PLANNING DEPARTMENT
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. All conditions of approval shall be printed on plans submitted for building permit plan check.
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.
4. The structure shall be no taller than what is shown on the plans dated July 7, 2023
except the garage which shall not exceed 19'-0" tall. Garage height shall be revised prior
to submitting plans for building plan check.
5. 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.
6. Roof eaves of all structures shall not encroach into the required side and rear yard setbacks.
The roof eaves shall be shown on the site and civil plans in the construction drawings.
7. No new fencing is approved with this site development permit. Any additional or modified
fencing or gates shall require review and approval by the Planning Department with the
required landscape screening plan and prior to installation.
8. 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 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.
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.
Resolution 78-23 Page 6
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. All construction shall comply with Section R337 of the 2019 California Residential Code
(Materials and Construction Methods for Exterior Wildfire Exposure).
13. 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.
14. 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 Planning Commission. 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 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 new residence. The landscape
screening plan shall comply with Section 10-2.809 (water efficient landscaping) of the Los
Altos Hills Municipal Code.
15. 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, the
applicant shall furnish staff with the last 12 months of 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.
16. 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.
17. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor
shall certify in writing and state that "the locations of the additions, are no less than 40 feet
from the front property line and 14'-11" from the easterly side property line." The pad
elevation of the additions shall be similarly certified in writing to state that "the pad 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.
Resolution 78-23 Page 7
18. 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 garage addition complies with
the 19'-0" maximum structure height, measured as the vertical distance at any point from the
bottom of the building pad 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 "no points of the building shall exceed the
proposed garage height and 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.
19. 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
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
20. 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 l st to April 30th) except with prior approval from the City Engineer. No
grading shall take place within ten feet of any property line.
21. 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.
22. All public utility services serving the new residence 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.
23. 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 Estacada Drive and Estacada Way, 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.
Resolution 78-23 Page 8
24. 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.
25. The property owner shall pay a pathway fee of $3,826 prior to acceptance of'plans for
building plan check.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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
32. Fire Sprinklers Required: (As Noted on Sheet AO) An automatic residential fire sprinkler
system shall be installed in one- and two-family dwellings as follows: 1) In all new one- and
two-family dwellings. 2) In existing one- and two-family dwellings where during the process
of a remodel and/or addition, the existing roof structure (joists, rafters, etc.) is removed over
an area that exceeds 75% of the existing dwelling floor area. For any disagreement on the
amount of roof structure being removed, a State of California licensed architect or structural
engineer shall be utilized to calculate the percentage of the roof to be replaced. 3) In existing
one- and two-family dwellings when additions are made that increase the building area by
50% or more. 4) In all attached Accessory Dwelling Units, additions or alterations to an
existing one- and two-family dwelling that have an existing fire sprinkler system. 5) In all
Resolution 78-23 Page 9
new basements and in existing basements that are expanded by more than 50 percent.
Exceptions: Detached Accessory Dwelling Units (ADUs), provided that all of the following
are met: a) The unit meets the definition of an Accessory Dwelling Unit as defined in the
Government Code Section 65852.2. b) The existing primary residence does not have
automatic fire sprinklers. c) The detached ADU does not exceed 1,200 square feet in size. d)
The unit is on the same lot as the primary residence. e) The unit meets all access and water
supply requirements of Chapter 5 and Appendix B and C of the 2019 California Fire Code.
33. Water Supply Requirements: (As Noted on Sheet C-1.1) Potable water supplies shall be
protected from contamination caused by fire protection water supplies. It is the responsibility
of the applicant and any contractors and subcontractors to contact the water purveyor
supplying the site of such project, and to comply with the requirements of that purveyor.
Such requirements shall be incorporated into the design of any water-based fire protection
systems, and/or fire suppression water supply systems or storage containers that may be
physically connected in any manner to an appliance capable of causing contamination of the
potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by this office until compliance with the requirements of the
water purveyor of record are documented by that purveyor as having been met by the
applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
34. Address identification: (As Noted on Sheet C-1.1) New and existing buildings shall have
approved address numbers, building numbers or approved building identification placed in a
position that is plainly legible and visible from the street or road fronting the property. These
numbers shall contrast with their background. Where required by the fire code official,
address numbers shall be provided in additional approved locations to facilitate emergency
response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall
be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7
mm). Where access is by means of a private road and the building cannot be viewed from
the public way, a monument, pole or other sign or means shall be used to identify the
structure. Address numbers shall be maintained. CFC Sec. 505.1.
35. Construction Site Fire Safety: (As Noted on Sheet C-1.1) All construction sites must comply
with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification
SI -7. Provide appropriate notations on subsequent plan submittals, as appropriate to the
project. CFC Chp. 33.
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 78-23 Page 10