HomeMy WebLinkAboutPC 03-24RESOLUTION PC 03-24
RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF LOS ALTOS
HILLS MAKING A CATEGORICAL EXEMPTION DETERMINATION UNDER CEQA
AND APPROVING A SITE DEVELOPMENT PERMIT FOR A NEW SINGLE-FAMILY
RESIDENCE, POOL, AND ASSOCIATED IMPROVEMENTS; APPROVING A
VARIANCE TO EXCEED THE MAXIMUM DEVELOPMENT AREA FOR THE
RETENTION OF AN EXISTING 89804 SQUARE -FOOT POND AT 25567 WILLOW
POND LANE AND IMPOSING CERTAIN CONDITIONS OF APPROVAL
WHEREAS, The Town of Los Altos Hills received an application for a Site Development Permit
(SD21-0036) from the property owners, Yang Zhong and George Fiegl, for a new single-family
residence, pool, and associated improvements at 25567 Willow Pond Lane ("Project"); and
WHEREAS, based on the record presented before it, the project is the construction of a new
single-family residence, and thus is a project of limited numbers of new, small facilities and one
of the enumerated examples of exemption under Class 3, Section 15303(a) of the California
Environmental Quality Act (CEQA) Guidelines; 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 June
6, 2024, and considered all evidence, testimony, written documentation, and public comments and
voted 5-0-0 to continue the project to a date uncertain to allow staff time to research potential
options that would permit retention of the existing pond by increasing the Maximum Development
Area applicable of the project; and
WHEREAS, on July 12, 2024 the property owners, Yang Zhong and George Fiegl, applied for a
Variance to increase Maximum Development Area beyond the calculation pursuant to Section 10-
1.1007(2) of the Municipal Code in response to the Planning Commission's discussion; and
WHEREAS, the Planning Commission held a duly noticed public hearing on July 24, 2024, and
considered all evidence, testimony, written documentation, and public comments; and
WHEREAS, the Planning Commission recommended that the City Council place a Historic
Landmark Designation on the existing pond in support of the History Committee and
recommended that the property owner place a Historic Landmark Designation and Conservation
Easement on the existing pond.
NOW, THEREFORE, based on the entirety of the record before it, the Planning Commission
of the Town of Los Altos Hills hereby finds that the Project is exempt from CEQA pursuant to
CEQA Guidelines Section 15303(a) and approves the Site Development Permit and Variance.
The conditions of approval for the Site Development Permit (SD21-0036) for a new residence
and Variance to exceed Maximum Development Area at 25567 Willow Pond Lane are attached
hereto and incorporated herein as Exhibit B.
Resolution PC 03-24 Page 1
The above and foregoing Resolution was passed and adopted by the Planning Commission of the
Town of Los Altos Hills at a special meeting held on the 24th day of July 2024 by the following
vote:
AYES: Couperus, Bredo, Waschura, Indaco, Patel
NOES: none
ABSTAIN: none
ABSENT: none
y
By: •
Rajiv atel, Chair
ATTEST:
JLl f
Jay Bradford, Interim Community Development Director
Resolution PC 03-24 Page 2
EXHIBIT A
FINDINGS
25567 Willow Pond Lane — File #SD21-0036
1. With regard to the Site Development Permit (SD21-0036) and Variance to exceed the Maximum
Development Area for retention of the existing pond, the Planning Commission finds in accordance
with Section 10-1.1007(2) of the Los Altos Hills Municipal Code as follows:
a. Because of exceptional or extraordinary circumstances applicable to the subject property,
including size, shape, topography, location, or surroundings, the strict application of the
ordinance is found to deprive the property of privileges enjoyed by other properties in the vicinity
and under identical zoning classifications:
The property and existing pond have an extensive history in the Town of Los Altos Hills being a
part of the larger area known as Pink Horse Ranch. The existing pond predates the 1950s and
even the Pink Horse Ranch, where it was previously part of Toyon Stock Farm. As such, the pond
predates ownership of the property by the applicants, Yang Zhong and George Fiegl. It was
unknown to the current property owners that the 8,804 square -foot concrete pond is concrete -
lined and therefore, counts towards development area. Given the size, depth, and natural
appearance of the pond, it would be unclear to the common eye that it is constructed of concrete.
Removal of the pond that is long existing and harbors potential biological resources would
require significant efforts and resources on the part of the current owners who did not create the
condition at issue. This recent discovery and strict application of the ordinance deprives the
property of the typical level of development area associated with a property of this size and slope.
b. That upon granting of the Variance, the intent and purpose of the ordinance will still be served,
and the recipient of the Variance will not be granted special privileges not enjoyed by other
surrounding property owners:
Variances to Maximum Development Area are expressly allowed per the Municipal Code for
exceptional or extraordinary circumstances. The historical pond presents a unique circumstance in
which the concrete lining must be counted as development area but is not easily identifiable by
the common eye. Furthermore, this is not found to be a grant of special privilege because
structures of this historical background are uncommon in the Town and the current property
owners did not create the situation at hand.
c. That granting the 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 Planning Commission finds this Variance is granted with a specified scope, such that it
specifically allows for the MDA to be exceeded so that the existing pond can be retained. If the
pond is removed or altered, the property would be limited to the standard MDA per the
calculation in the Municipal Code. Additionally, the remainder of the project complies with the
Site Development standards for maximum floor area, height, parking, and setbacks for an Estate
home. The property contains significant existing vegetation in the rear and side yards to reduce
the visibility of development. A landscape screening application is required as a condition of
approval to further screen development from adjacent properties and roadways. The Commission
finds that approval of the project will not be materially detrimental to the public welfare or
Resolution PC 03-24 Page 3
injurious to the property, improvements or uses within the immediate vicinity and within the
Residential -Agricultural Zoning District.
d. That the Variance will not allow a use or activity which is not expressly authorized by the Zoning
Ordinance:
Grant of a Variance to Maximum Development Area will allow retention of the existing pond and
construction of a single-family residence, swimming pool, and associated hardscape
improvements which are permitted uses/structures in the Residential -Agriculture Zoning District.
Resolution PC 03-24 Page 4
EXHIBIT B
CONDITIONS OF APPROVAL
Yang Zhong and George Fiegl — 25567 Willow Pond Lane — File# SD21-0036
PLANNING:
1. No other modifications to the approved plans submitted on July 17, 2024, are allowed
except as otherwise first reviewed and approved by the Community Development
Director or the Planning Commission, depending on the scope of the changes.
2. A Variance to Maximum Development Area (MDA) is granted for the retention of the
existing 8,804 square -foot pond. The standard MDA per the calculation in Section 10-
1.502 of the Municipal Code, yields a development area of 33,452 square feet. The
approved development area for the project, including the pond, is 39,163 square feet.
If the pond is removed or altered, the standard MDA of 33,452 square feet shall apply.
3. Prior to the issuance of a building permit, the property owner shall submit revised
construction drawings and Worksheet 2 to ensure that the Maximum Floor Area
(MFA) of 13,448 square feet is not exceeded.
4. All conditions of approval shall be printed on plans submitted for building permit plan check.
5. 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 set
by said policy and run from date of Building Permit issuance. Any extensions to the time for
completion shall be subject to said policy. Failure to complete the project in the allotted time
with approved extensions may result in substantial penalties and fees per the policy.
6. 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 Community Development Department for approval at
time of submittal for building plan check. All applicable structures shall be painted in
conformance with the approved colors) prior to final inspection.
7. 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.
8. No new fencing is approved with this site development permit. Any additional or modified
fencing or gates shall require review and approval by the Community Development
Department with the required landscape screening plan and prior to installation.
9. 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. Lights in the swimming pool shall
conform to the specifications in the Outdoor Lighting PolicX. Any changes to the approved
Resolution PC 03-24 Page 5
lighting plan shall be approved by the Community Department prior to installation. No
lighting may be placed within setbacks except two driveway or entry lights.
10. 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.
11. Fire retardant roofing (Class A) is required for all new construction.
12. All space heating and water heating systems installed in new residences, detached habitable
buildings, and/or projects involving a substantial remodel shall comply with Los Altos Hills
Municipal Code Sections § 8-1.6.02 and § 8-1.10.02.
13. All construction shall comply with the applicable California Green Building Standards Code,
Part 11, Title 24 mandatory measures in effect at the time of building permit application. The
property owner shall provide a CALGreen Residential Checklist demonstrating conformance
with all applicable mandatory measures at time of building permit submittal.
14. All new construction shall comply with Section R337 of the 2022 California Residential
Code (Materials and Construction Methods for Exterior Wildfire Exposure).
15. The property owner shall remove all Arundo, bamboo, and English Ivy each year until the
final approval of the project.
16. After completion of rough fi^aming 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. In review of
the landscape screening plan, the Commission shall ensure proposed shrubs and trees are
selected such that mature growth does not negatively impact the views of adjacent properties.
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.
17. Based on the sizes of the oak trees to be removed, the property owner is required to
planta 3:1 replacement ratio for Tree #47 and #9, for a total of six (6) trees. The
replacement trees shall be a 24 -inch box minimum. The six (6) replacement trees shall
be included in the landscape screening plan for review by the Planning Commission,
i
18. 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
Resolution PC 03-24 Page 6
water usage greater than the annual usage indicated on the approved parcel water budget
worksheet, may result in complete forfeiture of this deposit.
19. The property owner's geotechnical consultant shall review and approve all geotechnical
aspects of the final project building and grading plans (i.e., habitable building setbacks, site
preparation and grading, shoring design, site surface and subsurface drainage improvements
including site runoff discharge, and design parameters for foundations and retaining walls)
to ensure that their recommendations have been properly incorporated. The results of the
plan review shall be summarized by the owner's geotechnical consultant in a letter and
submitted to the Engineering Department for review and approval at time of submittal for
building plan check.
20. The property owner's geotechnical consultant shall inspect, test (as needed), and approve all
geotechnical aspects of the project construction. The inspections should 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. Basement excavations shall be inspected by the owner's
consultant to confirm the absence of fault hazards. The results of these inspections and the
as -built conditions of the project shall be described by the owner's geotechnical consultant
in a letter and submitted to the Engineering Department for review and approval prior to
requesting the final inspection.
21. 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.
22. Prior to requesting thefinal 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
proposed 27'-0" 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 Community
Development Department prior to requesting afinal inspection.
23. 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 residence and roof eaves, are no less
than 44' from the front property line and 33' from the side and rear property lines." The
elevation of the new residence shall be similarly certified in writing to state that "the
Resolution PC 03-24 Page 7
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
Community Development Department prior to requesting afinal inspection.
24. All properties shall pay School District fees to either the Los Altos School District and
Mountain View Los Altos Union High 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 receipt.
ENGINEERING DEPARTMENT
25. 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 I st to April 30th) except with prior approval from the City Engineer. No
grading shall take place within ten feet of any property line.
26. 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.
27. 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.
Prior To Building Plan Check
28. The property owner shall dedicate an additional right of way easement to create a 30' wide
half -width public right of way to the Town over Willow Pond Lane. The property owner
shall provide legal description and plat exhibits that are prepared by a registered civil
engineer, or a licensed land surveyor and the Town shall prepare the dedication document.
The dedication document, including the approved exhibits, shall be signed, and notarized by
the property owner and returned to the Town two weeks prior to acceptance of plans for
building plan check.
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 two weeks prior
to acceptance ofplans for building plan check. The grading/construction operation plan shall
address truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic safety
on Willow Pond Lane, 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 two weeks prior to acceptance ofplans for
building plan check.
Resolution PC 03-24 Page 8
3 1. The property owner shall pay a pathway fee of $10,943 prior to acceptance of plans for
building plan check.
32. The property shall be required to connect to the public sanitary sewer prior to final inspection.
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 shallbe required for
all work proposed within the public right of way prior to start ofwork.
33. 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.
At Building Plan Check
34. Two sets of a final Grading and Drainage plan shall be submitted for review and approval by
the Engineering Department. The final plan must satisfy stormwater requirements for
regulated projects (C.3 requirements). 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. Two copies of a Construction Best Management Practices Plan (BMPs) shall be submitted
for review and approval by the Engineering Department.
Prior To Final Approval
37. 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.
38. 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.
39. 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.
J tj
40. 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
Resolution PC 03-24 Page 9
operations and shall not be construed as substitute for form 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.
41. Fire Sprinklers Required: An automatic residential fire sprinkler system shall be installed
in all new one- and two-family dwellings. Sprinklers are required for both the primary
residence and the AD U. Sprinklers will need to be designed with afour head calculation.
42. Fire Department Turnaround Required: Provide an approved fire department engine
driveway turnaround with a minimum radius of 40 feet outside and 23 feet inside. Maximum
grade in any direction shall be a maximum of 5%. Installations shall conform with Fire
Department Standard Details and Specifications D-1. CFC Sec. 503 Driving surface shall be
capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds.
- Turnaround C shown on Sheet A1.2 Fits inside cul-de-sac.
43. Required Fire Flow: The minimum required fire flow for this project is 3,750 GPM at 20
psi residual pressure. Since an automatic fire sprinkler system will be installed, the fire flow
will be reduced by 50%, establishing a required adjusted fire flow of 1,875 GPM at 20 psi
residual pressure. Note: The minimum required number and spacing of the hydrants shall be
in accordance with CFC Table C 102.1.
- Letter received Hydrant is capable of meetingfire flow.
44. Water Supply Requirements: 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). 2022 CFC Sec.
903.3.5 and Health and Safety Code 13114.7.
45. Address identification: 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.
Resolution PC 03-24 Page 10
46. Construction Site Fire Safety: All construction sites must comply with applicable
provisions of the CFC. Chapter 3 3 and our Standard Detail and Specification S 1-7. Provide
appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp.
33.
Resolution PC 03-24 Page 11