HomeMy WebLinkAboutPC 06-24RESOLUTION PC 06-24
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 AND ASSOCIATED IMPROVEMENTS AT 12871 ATHERTON COURT
AND IMPOSING CERTAIN CONDITIONS OF APPROVAL
WHEREAS, on October 19, 2023, -the City Council voted unanimously (5-0-0) to remove the
Francis Avidano Home aka 12871 Atherton Court from General Plan Appendix A — Inventory of
Historic Sites and Structures; and
WHEREAS, 12871 Atherton Court is no longer identified as a historic structure on any local,
state, or federal registry; and
WHEREAS, on April 22, 2024, The Town of Los Altos Hills received an application for a Site
Development Permit (SD24-0013) from the property owner, Henry Hsu, for a new single-family
residence and associated improvements at 12871 Atherton 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 15301(I)(1) and 15303(a)
as the project scope includes demolition of an existing single4amily residence and construction of
a new single-family residence; 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 Interim Community Development Director ("Hearing Officer") held a duly
noticed public hearing on the project on July 30, 2024, and considered all evidence, testimony,
written documentation, and public comments and determined that the application be forwarded to
the Planning Commission for final approval; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the project on
September 5, 2024, 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 finds that the Project is exempt from CEQA pursuant to
CEQA Guidelines Section 15301(I)(1) and 15303(a) and approves the Site Development Permit
subject to the findings and conditions contained in Exhibit "A" and incorporated herein by
reference. Additionally, the Commission recommends the property owner (1) provide significant
historical elements of the existing residence to the Town's History Committee prior to demolition
and (2) provide the collective research of the Francis Avidano Home to the History Committee.
Resolution PC 06-24 Page I
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 the 5`h day of September 2024 by the following vote:
AYES: Indaco, Patel, Waschura
NOES: Bredo, Couperus
ABSTAIN: None
ABSENT: None
By:L4-"-)v Pop&
Rajiv P
el, Chair
ATTEST �
Jay Bradford, Interim Community Development Director
Resolution PC 06-24 Page 2
EXHIBIT A
CONDITIONS OF APPROVAL
Henry Hsu — 12871 Atherton Court — File# SD24-0013
PLANNING:
No other modifications to the approved plans submitted on August 22, 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. All conditions of approval shall be printed on plans submitted for building permit plan check.
3. 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.
4. 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 color(s) prior to final inspection.
5. The property owner shall remove all Stinkwort from the entire property and in the road right-
of-way by manual pulling or use of herbicide by September 1St of each year until the final
approval of the project.
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 Community Development
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 new residence is
approved as shown on the plans. Any changes to the approved lighting plan shall be approved
by the Community Development Department prior to installation. No lighting may be placed
within setbacks except two driveway or entry lights.
Prior to issuance of a building permit, the property owner shall submit revised
constructions drawings (Sheet ELI) removing the note for frosted glass and
identifying a fully shielded exterior lighting fixture for Community Development
Department staff review and approval.
Resolution PC 06-24 Page 3
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.
11. 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.
12. 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.
13. All construction shall comply with Section R337 of the 2022 California Residential Code
(Materials and Construction Methods for Exterior Wildfire Exposure).
14. The property owner shall grant a 10 -foot -wide easement over the existing buried
Robleda Creek that prevents the construction or installation of permanent structures.
The property owner shall provide legal description and plat exhibit(s) prepared by a
licensed land surveyor and the Town shall prepare the grant document. The grant
document (easement agreement) shall be prepared by the City Attorney in conjunction
with Community Development Department staff and the property owner. An easement
review deposit (per Planning Fee Schedule in effect at time of review request) shall be
paid to the Town prior to review of the legal description and plat exhibit(s). The grant
document shall be signed and notarized by the property owner and returned to the
Town prior to building permit issuance.
15. 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 Site Development Committee. 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 Committee 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.
• As part of the landscape screening application, the property owner shall identify
the removal of the existing fencing within the Atherton Court and Robleda Road
Public Right -of -Way. Any relocated fencing shall comply with the requirements
of the Town's Fence Ordinance.
Resolution PC 06-24 Page 4
16. 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.
17. 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.
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 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 a final inspection.
19. 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 40' from the front property line and 30' from the side and rear property lines." The
elevation of the new residence shall be similarly certified in writing to state that "the
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 a final inspection.
20. 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.
21. Prior to final inspection, the property owner shall provide and install a 12" x 12"
historical plaque on a gate post with text developed in conjunction with the Town's
History Committee.
Resolution PC 06-24 Page 5
ENGINEERING DEPARTMENT
22. 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 1St to April 30th) except with prior approval from the City Engineer. No
grading shall take place within ten feet of any property line.
23. 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.
24. 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
25. 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 Atherton Court, 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.
26. 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.
27. The property owner shall submit the septic system plan that was approved by Santa Clara
County Health Department prior to acceptance of plans for building plan check.
28. The property owner shall pay a pathway fee of $10,943 prior to acceptance of plans for
building plan check.
29. 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
30. 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
Resolution PC 06-24 Page 6
Engineering Department and any deficiencies corrected to the satisfaction of the Engineering
Department.
31. 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.
32. 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
33. 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.
34. 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.
35. 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.
36. Conditions of Santa Clara County Health Department shall be met prior to final inspection.
FIRE DEPARTMENT
37. See Alternative Material &c Methods Request (AMMR) and relevant conditions
approved by the Santa Clara County Fire Department on July 16, 2024.
Resolution PC 06-24 Page 7