Loading...
HomeMy WebLinkAbout62-24EXHIBIT “A” CONDITIONAL USE PERMIT FINDINGS OF APPROVAL Conditional use permits shall be granted by the City Council only when it is found that: 1.The proposed use of facility is properly located in relation to the community, land uses, and transportation and service facilities in the vicinity; The non-residential and recreational facility use of this site blends with the existing character of the site without adversely impacting the surrounding neighborhood. In addition, the site sits low and is well buffered from the surrounding residential use s by the natural topography and existing vegetation. The new aquatics building is located in the same footprint as the existing building to minimize impacts to the natural site features and adjacent properties , which is preferred. 2.The site for the proposed use is adequate in size and shape to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping, and such other features as may be required by this chapter or will be needed to ensure that the proposed use will be reasonably compatible with land uses normally permitted in the surrounding area; The 17.04-acre site is adequate in size and shape to accommodate the replacement aquatics building without need for extensive grading or reconfiguration of existing site layout. The new aquatics building utilizes the existing building footprint so as to not impact parking, setbacks, and open spaces. The project requires the removal of seven (7) nonprotected trees which are insignificant and ornamental in nature. 3.The site for the proposed use will be served by streets and highways of adequate width and pavement to carry the quantity and kind of traffic generated by the proposed use; and There will be no additional traffic related issues with the reconstruction and in addition because the membership is not being increased therefore, no additional traffic is expected to be generated. Portions of the lower parking lot will be reconfigured to increase the number of off-street parking by one space. Vehicle access to the site will continue to be provided from Viscaino Place, Roble Ladera Road, and Purissima Road. 4.The proposed use will not adversely affect the abutting property or the permitted use thereof. The proposed development will not adversely affect the adjacent properties or uses as the project seeks to replace an existing building but maintain the current operational characteristics. Although the new aquatics building is larger than the existing, it utilizes a similar massing and building footprint. The proposed building continue s to provide a greater than 300-foot setback to the nearest residential structure. Furthermore, the significant vegetation along the property perimeter will be retained to re duce potential for noise and view impacts. Long standing operational restrictions on hours of operation, parking, and membership capacity will be maintained. EXHIBIT “B” CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT*/**/*** Fremont Hills Country Club – 12889 Viscaino Place *(“Year”) denotes the date that the condition was originally applied or last modified. **Conditions 1 – 28 are ongoing and relate to the use of the property, in general. ***Conditions 29 – 62 are specific to the permitting requirements for the subject amendment (File No. CUP24-0002). GENERAL CONDITIONS: 1. The continuation of this Conditional Use Permit shall be issued to Fremont Hills Country Club for the property designated as Parcel 175-55-46 (17.04 gross acres). (1994) 2. The number of horses to be kept or maintained at this facility at any one time shall not exceed fifty -five (55). (1994) 3. The maximum floor area and development area that shall be allowed with this permit are as follows: MDA at 212,313 square feet and the MFA at 35,053 square feet. The maximum height of the entry structure for the main clubhouse is approved at 27 feet. (2024) 4. There shall be twenty-four (24) hour supervision of said premises by a competent attendant who is knowledgeable about horse care and authorized to see that the conditions of this Use Permit are met. (1979) 5. A Business License from the Town shall be required for both the Country Club and the stable operations and shall be renewed annually on January 1st, as long as all conditions of this Use Permit have been met. (1979) 6. Staff, Planning Commission and City Council shall conduct a review of this Conditional Use Permit every three years to assure compliance with conditions and all conditions shall be subject to amendments and/or additional conditions to assure that the public hear, safety and general welfare are protected and that the objectives of the General Plan and Zoning Ordinance are served, as deemed necessary by the Planning Commission and City Council. (1994) 7. All requirements of the Santa Clara County Health Department and the Palo Alto Animal Control Department shall continue to be met throughout the life of this permit. (2007) a. Drainage from stables, corrals, pens, barns, etc., shall not enter a natural water course. b. Animal quarters must be swept clean, sprayed and otherwise kept in a sanitary manner so as to prevent unnecessary odor, fly breeding and rodent attraction. c. Manure shall be disposed of regularly by spreading, collection in an appropriate bin and/or removal from site as it is presently done which is about 6 times a year. d. Samples from the creek water at the rear of the property shall be taken twice a year (on January 30th and July 30th) for determination of water quality, and the results of the samples shall be submitted to the Town. 8. Concentration of animal waste or other nutrients shall be prevented from entering the creek. (2007) a. No stockpiling of manure shall be done closer than 100’ from the creek. b. The corral adjacent to the creek shall be cleaned out weekly to prevent an accumulation of animal wastes or other nutrients. c. The vegetated buffer strip shall be maintained between the creek and the corral to assist in filtering nutrients. e. Horses shall be moved from the lower paddock in wet weather (from November first until the end of the rainy season, or April first, whichever occurs later). 9. The following requirements of the Santa Clara County Fire Department shall be conditions of this approval (2007): a. All buildings and their usage shall meet applicable Town, County, and State Fire and Life Safety regulations. b. All buildings which presently are protected by fire sprinklers shall have the State mandated 5- year inspection by a state licensed fire sprinkler contractor. c. Remodeled and/or additions to buildings protected by fire sprinklers will require the modification of the existing system(s) to the satisfaction of the Fire Department. d. The shavings barn shall be completely protected by fire sprinklers. e. A fire sprinkler system in the caretaker’s unit shall be inspected and approved by the Fire Department. f. Weeds on the property shall be cut, disked or removed in the spring (on or about March 31) to avoid a fire danger prior to the start of the fire season. 10. There shall be no external lighting, other than that needed for safety, security, and as required by applicable codes. All fixtures shall be adequately shielded to prevent any nuisance to adjoining property owners. (2007) 11. Tennis court lights are permitted to be installed on court numbers 4-8. All tennis court lights shall be located at a minimum of 120 feet from any property lines. (2014) 12. The proposed light fixtures shall be the Visionaire Advantage 1,000-watt metal halid tennis court luminaries or equivalent mounted at 22 feet above the court surface on dark colored poles. All tennis court light fixtures shall be fully shielded and equipped with light cutoff shields in order to eliminate glare and light spillage beyond the tennis court fencing. (2014) 13. Tennis courts that are not being actively played on shall not be lighted. Motion detectors or similar self-controlling means shall be required. (2014) 14. All tennis court lighting on the five courts authorized to have lights, shall be timer-controlled and shall have overriding time clocks, which shut lights off automatically after minutes if the courts are not in use. There shall also be a master clock, which prevents lights from being turned on prior to 15 minutes before sunset or after 10:00 p.m. One year after commencement of use of the lights, the 10:00 p.m. time limit for operation of the lights shall be modified to 9:00 p.m. unless the City Council approves extending the 10:00 p.m. time period. (2014) 15. All tennis court fencing shall maintain dark mesh backdrop covers and dark court surfaces. (2014) 16. There shall be no expansion of the tennis spectator facilities. (2014) 17. The club shall monitor tennis activities to ensure that loud or unnecessary noise is not generated by such facilities. (2014) 18. All unpaved driveways, parking areas and horse-riding areas shall be maintained in a manner sufficient to control dust to a level compatible with adjoining uses. The same type of sand material currently utilized in the large ring off Roble Ladera shall be used in the smaller ring as well. (2007) 19. All functions shall be required to end at 12:00 midnight, except on New Years Eve, and all amplified sound shall not be allowed after 11:30 p.m. Alcohol shall not be served later than one hour prior to the end of an event. (2007) 20. No additional public address system will be permitted other than what is currently used. The existing public address system shall be limited to use at five horse shows per year and may be operated only between the hours of 10:00 a.m. and 4:00 p.m. (1994) 21. All barn foundations shall have a minimum earth to wood separation of six (6) inches. Surrounding areas shall be properly graded (or alternate methods use) to provide drainage away from all structural foundations for a distance of five (5) feet from the building. (1994) 22. Fremont Hills Country Club shall maintain 148 spaces (109 in the lower lot and 39 in the upper lot) and provide adequate off-street parking for all members and guests and are to direct traffic to other facilities if an overflow should occur. The Club is required to provide necessary personnel to assure all members and visitors park on the premises when attending swim meets, horse shows or using Club facilities. Fremont Hills Country Club shall provide the City Clerk (for distribution to the Planning Commission and City Council) and the Sheriff with a calendar of events. All parking shall be accommodated on site. If not, they shall use public parking (valet service, shuttle) areas. All special events shall be limited to 200 participants. (1994) 23. The maximum number of memberships to the Club shall be limited to 500 member families. (1994) 24. As an ongoing condition of approval, the property owner may maintain the existing fence, grass, and irrigation in the conservation easement at the area west of the pool, but no artificial turf is permitted. (2024) 25. If at any time the parking needs of the Club exceed the availability of parking on site, the Town shall review the permit for further requirements. If it is determined that the Club needs an expansion of parking upon the three (3) year review, the Club shall return to the Planning Commission with a modification showing enlargement of the parking areas to accommodate additional parking on site. (1994) 26. All landscaping on the premises shall be properly maintained. If any trees need to be removed, prior approval of the Community Development Department is required. Replacement tree(s) may be required at the discretion of the Community Development Director. Any planting that is providing screening, and landscaping in parking lots and on slopes is required to be replaced if removed for any reason. (2007) 27. In the event that the Town believes any of the conditions of this permit are not satisfied, the Town may cause a noticed public hearing to be set to review whether the permit should be continued; and upon showing of compelling public necessity demonstrate at the notice public hearing, the Town may add, amend, or delete conditions and regulations contained in this permit. (1994) 28. Monitoring and reporting to the Town shall be accomplished by the Club for the stable operation near the creek and shall include the emergency plan. The plan shall remain on file at FHCC and at the Town. Any amendments to the plan require Town approval. (2007) PLANNING: 29. No other modifications to the approved plans submitted on July 29, 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. 30. All conditions of approval shall be printed on plans submitted for building permit plan check. 31. 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. 32. 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. 33. 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. 34. 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 or the Planning Commission, depending on the scope of the project. 35. 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 structure shall be designed for compliance with the Town’s Outdoor Lighting Policy. The construction drawings shall be revised to include an outdoor lighting plan for Community Development Department staff review and approval. 36. 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. 37. Fire retardant roofing (Class A) is required for all new construction. 38. The property owner shall grant an Open Space Easement to the Town that incorporates all portions of land on the property within 25 feet from top of bank of Deer Creek, starting from the development site and continuing north to the edge of the property. Native vegetation may be planted within the easement and irrigation or sprinkler systems are only permitted to establish the native vegetation. 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. 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. 39. Geotechnical Plan Review - The property owner’s Geotechnical Consultant shall review and approve all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, site surface and subsurface drainage improvements, and design parameters and layouts for foundations, retaining walls, etc.) to ensure that their recommendations have been properly incorporated. The results of the geotechnical plan review shall be summarized by the Geotechnical Consultant in a letter and submitted to the Town prior to issuance of a building permit. In their Plan Review letter, the Geotechnical Consultant shall discuss the earthquake induced landslide hazard at the proposed new buildings, and if the hazard is judged to be greater than “Low”, then they shall provide mitigation recommendations to reduce the hazard to low. 40. Geotechnical Construction Inspections – The Geotechnical Consultant shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily limited to site preparation and grading, site surface and subsurface drainage improvements, excavations for foundations and retaining walls prior to the placement of steel and concrete. The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the Town for review prior to final (granting of occupancy) project approval. 41. All space heating and water heating systems installed in place of place of public accommodation, 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. 42. 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 Non-Residential Checklist demonstrating conformance with all applicable mandatory measures at time of building permit submittal. 43. All construction shall comply with 2022 California Building and Fire Code for construction within wildland urban interfaces. (Materials and Construction Methods for Exterior Wildfire Exposure). 44. 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. 45. Prior to requesting the final inspection, the property owner shall clean up nonnative debris and remove temporary structures from the existing conservation easement for Community Development Department staff review and approval. 46. 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 structure 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. 47. 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 structure and roof eaves, are consistent with the approved design drawings.” The elevation of the new structure shall be similarly certified in writing to state that “the elevation of the new structure 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. 48. 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. 49. Prior to the earlier of the issuance of the certificate of occupancy of the aquatics center or the issuance of a final building inspection for the modification to the equipment and office building, the applicant shall apply for, and upon approval by the City Council receive or upon disapproval not receive, the Landmark Designation for the water tower located on the property pursuant to Title 11, Chapter 1 of the Los Altos Hills Municipal Code. ENGINEERING: 50. Any, and all, changes to the approved site plan shall first be approved by the Town Engineering Department. No grading shall take place during the grading moratorium (October 1 to April 30) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line. 51. 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. 52. 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 Viscaino Place, 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. 53. 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. 54. 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. 55. 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. 56. 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. 57. Two copies of a Construction Best Management Practices Plan (BMPs) shall be submitted for review and approval by the Engineering Department. 58. 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. 59. 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. 60. 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: 61. The addition/remodel of the Aquatic Equipment and Maintenance Building including the new Aquatic Office at the furthest point from the available fire hydrant is greater than 400 feet. Additionally, the applicant is unable to accommodate a fire access road with a route that is within 150’ of the area of work. In lieu of meeting the specific requirements state in CFC 507.5.1 and 503.1.1, the applicant proposes installing a NFPA 13 fire sprinkler system at the Aquatic equipment and maintenance building including the new aquatic office. Sprinkler protection will be provided at both the existing, remodeled, and area of addition. To further improve the conditions, a Knox box at the egress gate will be provided for more direct access. 62. Make a note on the building permit set coversheet that an approved AMMR is included. 63. A copy of the Alternate Means/Methods application form, with approval signature shall be made part of the building permit drawing set, to be routed to Santa Clara County Fire Department for final approval. 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 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 Community Development and Engineering Departments two weeks prior to final building inspection approval. NOTE: The Conditional Use Permit is valid for one year from the approval date. All required building permits must be obtained within one year from the approval date.