Loading...
HomeMy WebLinkAbout4.1ITEM 4.1 TOWN OF LOS ALTOS HILLS July 10, 2014 Staff Report to the Planning Commission SUBJECT: SITE DEVELOPMENT PERMIT TO REPLACE AN EXISTING POOL AND A VARIANCE TO ALLOW THE POOL TO ENCROACH.INOT REAR AND SIE SETBACKS; LANDS OF MEAD; 14410 MIRANDA ROAD; FILE #106-14-ZP-SD.- FROM: Suzanne Avila, AICP, Senior Planner SA APPROVED: Debbie Pedro, AICP, Community Development Director -I RECOMMENDATION: That the Planning Commission: Approve the requested 'Site Development Permit and Variance, subject to the recommended conditions and findings of approval in Attachments 1 and 2 BACKGROUND The subject property is located at on the southeast corner of Miranda Road and Carado Court. The parcel is bound by single family homes on adjacent properties to the south and east, and across Miranda Road to the west. There is one existing residence and a new residence underconstruction across Carado Court to the north. The property is 1.27 acres in size with an. average slope of 7.8%. The applicant is proposing to replace an existing pool that encroaches into the :side and rear yard. setbacks. The configuration of the pool will be modified from an irregular shape to a rectangle. The pool needs to be replaced since it has been structurally compromised by the roots from a nearby Redwood tree. Surrounding decking has also been lifted by tree roots. The Redwood tree is proposed to be removed to prevent this problem from re -occurring. CODE REQUIREMENTS Per Sections 10-1.401 and. 10-1.1103 of the Los Altos Hills Municipal Code, this application for a replacement pool has been forwarded to the Planning Commission_ for review and approval. Zoning Code review encompasses analysis of development area requirements and setbacks. The evaluation of the variance should include many of the same items, concurrently evaluating the physical site conditions which result in an undue hardship on the applicant. Pursuant to Sec. 10-1.1107(2) of the Zoning Code, the approval of a Variance also requires that certain findings be approved by the Planning Commission. Staff Report to the Planning Conunission Lands of Mead 14410 Miranda Road July 10, 2014 Page 2. of 8 DISCUSSION. Site Data: Gross Lot Area: 1.272 acres Net Lot Area: 1.272 acres Average Slope: 7.8% Lot Unit.Factor: 1.272 Floor Area and Development Areas: Area (sq. ft.) Maximum Existing Proposed Development 19,080 15,195 14,945 Floor 7,632 4,951 4,951 Outdoor Li ting Increase Remaining -250 4,135 0 2,681 No outdoor lighting is proposed other.than Building Code required underwater lighting in the pool. Grading & Drainage The Engineering Department has reviewed the plans and has recommended conditions of approval as specified in Attachment #1. Drainage is designed to sheet flow and to maintain existing drainage flow patterns. Final "as -built" grading and drainage will be inspected by the Engineering Department, and any deficiencies will be required to be corrected prior to final inspection. Variance The existing swimming pool was constructed with a building permit issued in 1963. A variance was approved by the Town Council to allow the pool to be constructed in its present location. Most of the existing pool and surrounding concrete decking encroaches into the 30 -foot rear and side yard setbacks. The existing pool decking is 12 feet from the side property line and 9 feet from the rear property line. The'edge of the pool is 15 feet from the side property line and 12 feet from the rear property line. This encroachment will not change with the construction of the new pool. The new pool will be located within the existing developed pool area, although the shape of the pool will be changed from an irregular to. a: rectangular shape so a pool cover can be installed. The applicant would like to have a pool cover for safety reasons (see Attachment 5). Staff Report to the Planning Commission Lands of Mead 14410 Miranda Road July 10, 2014 Page 3 of 8 The existing retaining wall that runs -along the edge of the.pool area will be repaired as needed, and decking that is removed to construct the new pool will be replaced. The total development area on the site will be reduced by 250 square feet due to the removal of concrete paving on the side of the house. The location of the existing house restricts the ability to move the pool out of the setbacks. The rear yard is relatively small since the house was constructed close to the rear of the property (30 feet at the closest point). . The applicant is requesting a variance to rebuildthe existing pool within the existing developed pool area. Pursuant to section 10-1.401.c of the Municipal Code, a property owner may substantially rebuild a legal nonconforming structure on the property unless the Planning Commission finds that: 1) The structure could be relocated elsewhere on the site, accommodating the same square footage and development area existing previously without substantial environmental damage, and 2) Relocation of the structure would substantially reduce adverse visual or privacy impacts to neighbors or to the general public. Relocation of Structure without Substantial Environmental Damage Although it is possible to rebuild a similar sized pool in an alternate location that would conform to setback requirements, a pool could not be built with compliant setbacks if located in the rear yard. A pool could be located in front of the house, however, it would be visible from both Miranda Road and Carado Court, which would not provide -any privacy for the property owners and would create an attractive nuisance. In addition, the pool would not be conveniently located near the house and would not be easily accessed. Reduction of Adverse Visual or Privacy Impacts The existing pool and decking that encroaches into the side yard setback appears to have no adverse visual or privacy impacts to neighbors or to the general public. Existing trees and landscaping along the fence line provides adequate screening of the rear yard from the adjacent neighbors' views, and no -portion of the pool area is visible from the two roadways bordering the property. The applicant points out that several of the surrounding properties have pools that were constructed in the same time frame as the construction of their pool and may have nonconforming setbacks. Staff found record that the property at 14370 Miranda Road has a pool that is located within the rear yard setback (seven feet from the rear property line). Staff Report to the Planning Commission Lands of Mead 14410 Miranda Road July 10, 2014 Page 4 of 8 Conclusions The strict enforcement of the Municipal Code would result in practical difficulties for the applicant to replace the existing pool because the location of the pool and decking is constrained by the proximity of the existing house to the rear property line. The area in front of the house is not a desirable location because it is visible from both adjacent roadways and would not allow a pool to be conveniently located and easily accessed from the house. In addition, the Town approved a variance to allow the existing pool to be constructed, and the encroachment into the setbacks will not be increased with the proposal to construct a new, pool. Variance findings submitted by the applicant are included for the Planning Commission's review (see Attachment 4). If the Commission decides to approve the variance request, the applicant's findings should be cited. Staff has prepared findings for approval for the Commission's consideration (see Attachment 2). If the Commission decides to deny the variance request, staff should be directed to prepare findings for denial. Committee Review The Environmental Design and Protection Committee reviewed the proposal and had no concerns. CSA STATUS The project is categorically exempt under Section 15303(e) of the State CEQA Guidelines. ATTACHMENTS 1. Recommended conditions of approval 2. Required variance findings 3. Worksheet #2 4. Applicant's findings 5. Development plans: site, pool replacement plan and topographic survey cc: Richard and Nancy Mead 14410 Miranda Road Los Altos Hills, CA 94022 Christopher Kankel Kikuchi & Kankel Design Group 405 Alberto Way #6 Los Gatos, CA 95032 Staff Report to the Planning Commission ATTACHMENT 1 Lands of Mead 14410 Miranda Road July 10, 2014 Page 5 of 8 ATTACHMENT 1 RECOMMENDED CONDITIONS FOR SITE DEVELOPMENT PERMIT FOR A SWIMMING POOL, SPA AND DECK LANDS OF MEAD, 14410 MIRANDA ROAD File # 106-14-ZP-SD-VAR PLANNING DEPARTMENT: 1. 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. The swimming pool shall be located as shown on the approved development plans noted as received by the Town on April 29, 2014 and approved by the Planning Commission on July 10, 2014. 3. Standard swimming pool conditions: a) Lights shall be designed so that the source is not visible from off-site. b) Drainage outfall structures shall be constructed and located to the satisfaction of the City Engineer. c) Equipment shall be enclosed on all four sides with a roof for noise mitigation and screening. 4. For swimming pools, at least one of the following safety features shall be installed to the satisfaction of the Town Building Official: a) The pool shall be isolated from access to the residence by an enclosure (fencing). b) The pool shall be equipped with an approved safety pool cover. c) The residence shall be equipped with exit alarms on those doors providing direct access to the pool. d) All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing, self -latching device with a release mechanism placed no lower than 54 inches above the floor. 5. No new outdoor lighting is approved except for underwater lights for the pool. Any outdoor lighting requires approval by the Planning Department prior to installation. Lighting shall be down shielded, low wattage, shall not encroach or reflect on adjacent properties, and the source of the lighting shall not be visible from off the site. No lighting may be placed within setbacks except for two driveway or entry lights. Staff Report to the Planning Commission Lands of Mead 14410 Miranda Road July 10, 2014 Page 6 of 8 6. Additional landscaping may be required. Staff will visit the site prior to final inspection to determine if any additional plantings will be needed for screening or to restore areas disturbed by grading or construction. ENGINEERING DEPARTMENT: 7. Any, and all, changes to the proposed site plan shall first -be approved by the Town Engineering Department. No grading shall take place during the grading moratorium (November 1 and April 1) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line. 8. Final grading and drainage shall be inspected by the Engineering Department and any deficiencies' corrected to the satisfaction of the Engineering Department prior to final approval. 9. Any, and all, areas on the project site that have the native material disturbed shall be protected for erosion control during the rainy season and shall be replanted prior to final inspection. 10. 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 and shall provide the Town with photographs of the existing conditions of the roadways and pathways prior to acceptance of plans for building plan check. 11. Two copies of a grading and construction operation plan shall be submitted by the property owner for review and approval by the City Engineer and -Planning Director prior to acceptance of plans for building plan check. The grading/construction plan shall address storage of construction materials; placement of sanitary facilities; parking for construction vehicles; clean-up area, 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 Green Waste Recovery, Inc. for the debris box, since they have a franchise with the Town and no other hauler -is allowed within the Town limits. Staff Report to the Planning Commission Lands of Mead 14410 Miranda Road July 10, 2014 Page Tof 8 CONDITION NUMBERS 10 AND 11 SHALL BE COMPLETED AND SIGNED OFF BY THE PLANNING AND ENGINEERING DEPARTMENTS PRIOR TO ACCEPTANCE OF CONSTRUCTION PLANS FOR PLAN CHECK BY THE BUILDING DEPARTMENT. Project approval may be appealed if done so in writing within 22 days of the date of this notice. The building permit cannot be issued until the appeal period has lapsed. The applicant may submit construction plans to the Building Department on or after August 4, 2014, provided the applicant has completed all conditions of approval required prior to acceptance of plans for building plan check. Upon completion of the construction,a f nal inspection shall be required to be set with the Planning and. Engineering Departments two weeks prior to final building inspection approval. NOTE: The Site. Development permit isvalid for one year from the approval date .(until July 10, 2015). 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. 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 of the requirements of Section 66020, you will be legally barred from later challenging such exactions. Staff Report to the Planning Commission ATTACHMENT 2 Lands of Mead 14410 Miranda Road July 10, 2014 Page 8 of 8 ATTACHMENT 2 RECOMMENDED FINDINGS FOR APPROVAL OF A VARIANCE TO ALLOW A SWIMMING POOL AND DECKING WITHIN THE REAR AND SIDE YARD SETBACKS LANDS OF MEAD, 14410 MIRANDA ROAD File # 106-14-ZP-SD-VAR 1. Because of exceptional and 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 location for a pool within the rear yard is restricted by the proximity of the existing residence to the rear property line. The proposed pool will be located within an area that is already developed with a pool and decking as permitted by a Town approved variance and building permit in 1963. 2. Upon the granting of the variance, the intent and purpose of the applicable sections of the Zoning Ordinance will still be served and the recipient of the variance will not be granted special privileges not enjoyed by other surrounding property owners. The granting of a variance would not result in a special privilege to the applicant in that most of the surrounding neighbors have a pool, the proposed pool will replace an existing pool, and at least one other property in the immediate area has .a pool located within the rear setback. 3. 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 new pool will not be materially detrimental to the public welfare or injurious to neighboring properties in that it is replacing an existing pool in the same location, the pool area is well screened, and the new configuration will allow a locking pool cover to be installed, providing a desirable safety feature. 4. The variance will not authorize a use or activity which is not otherwise expressly authorized by the Zoning District regulations governing the parcel of property. Swimming :Pools are a permitted :use in the R -A (Residential Agricultural) zoning district. ATTACHMENT 3 APR 292614 TOWN OF LOS ALTOS MILLS TOWN OF HIL Ls DEPARTMENT tS 26379 Fremont Road • Los Altos Hills, California 94022 - (650) 941-7222 • FAX (650) 941-3160 WOPJ<. EET #2 EXISTING AND PROPOSED DEVELOPMENT AREA AND FLOOR AREA • TURN IN WITH YOUR APPLICATION • PROPERTY OWNER'S NAME IF—AU PROPERTY ADDRESS 1 H Li 1 D MI F -A -pi Lb A F D A-V> LOS. A'l1-a s to tu.S CALCULATED BY L,0PFIT DATE S—Ll-ly 1 DEVELOPMENT AREA Existing Proposed DA Credit Total A. House and Garage (from part 2.A) _'At lei O 0 B. DeL -cu?—f 3155 0 0 3I S6 C. Driveway and Parking Iqu LS D. Patios and Walkways H sq -1 E. Tennis Court b o F. Pool and Pool Decking US(,*- - I _ Q _ 10ISS G. Accessory Building (from part 2.B) ; ; , . I31 . a Q $- 1 • H. Solar Panels (ground mounted) b �_ b . D I. Any Other Coverage g Ap4cMlp-A— Total 15,teis (� Roof Mounted Solar Bonus _ ZSD' 14-5) 45 (LAHMC Section 10-1.502) Yes No )o SF, Maximum Development Area -MDA (from worksheet #1) Maximum Development Area w/ Solar Credit 2 FLOOR AREA Existin Proposed Total A. HOUSE AND GARAGE a. First Floor 23 ZD O Z b. Second Floor 0 IS�Lq c. Attic _� b d d. Basement p U o e. Garage 0 f. Area over 17' 0 B. ACCESSORY BUILDINGS a. First Floor b. Second Floor. G C2 c. Attic o _ n p d. Basement Total 14,151 4151 . Maximum Floor Area -MFA (from worksheet #1) 3 Z 11 TOWN USE ONLY I CHECKED BY Sft I DATE G i ?-Gt,4, 11 April 28, 2014 ATTACHMENT 4 rA1 APR 2 9 201 Kikuchi + Konkel Findings for 14410 Miranda Road, Los Altos WNOF (®sA(T®S Design Group HIUSLandscape Architecture Environmental Design Sire Planning Finding #1: • A nearby redwood tree has grown its roots into the pool and has lifted the concrete deck. The pool has been structurally compromised and is in need of substantial repair. The redwood tree will be removed as part of the pool replacement to prevent the same conditions in the future • The Owners have several adult children who are adding grand children to the family on a regular basis. Safety for the toddlers and young children is paramount. The shape of the existing pool is such that it cannot -utilize an automatic cover. The proposed replacement pool is rectangular so that a safety cover can be incorporated. The shape of the existing pool also makes it difficult to fence the pool because of its proximity to the-house'and adjacent doors. Fencing the existing pool creates as many problems as it solves. • The existing pool was built on the property prior to annexation into the Town of Los Altos Hills. The pool was constructed with a building permit and was in conformance with the previous codes at the time of construction. • Additionally, the house was permitted and constructed under the same conditions and is currently in the rear yard setback. As such, there is no buildable envelope behind the house in which a new pool could be relocated. It is technically possible to construct a pool in the front yard of the property., However, we feel that this solution would be far less desirable than the existing location for the following reasons: - The pool could be an attractive nuisance because of its proximity to two adjacent roadways. - The pool is a great distance from the house and would not be conveniently located for the family to use. - The front yard is part of a large neighborhood drainage way and the pool would be located within this feature. There are several unknown potential structural. issues associated with constructing a pool in such a location. - There would be a larger financial impact associated with building a pool in this location as opposed to the current location. Finding #2: • Several of the surrounding neighboring properties have swimming pools permitted and constructed prior to annexation. Due to the age of several properties, some pools may also be within the rear yard setback. 405 Alberto Way, Suite 6 Steven T..Kikuchi, ASLA, Principal 730 Mill Street • Half Moon Day, CA 94019 Los Garos, CA, 95032 Christopher Kankel, ASLA, Principal (650) 726-7100 • Fax (650) 726-7677 (408) 356.5980 • Fax (408) 356-0385 Warren Barnes, Associare wwv.kl<deignQroun.com Thomas Conroy, Associate Finding #3: . • The existing conditions on and off the property will not being altered, and the intended use will be consistent with that of the preceding 40 years. The proposed replacement pool will be one square foot smaller and will have a shallower average depth. In fact, the proposed pool will be an improvement in that it will be constructed to a higher standard under the current code, and it will be more energy efficient. Most important, as an easily . covered structure, it will be safer for both the residents and the neighbors, many of whom have small children. Finding #4: • The current ordinance allows for swimming pools on properties within this zone. 405 Alberto Way, Suire.6 Steven T. Kikuchi, ASLA, Principal 730 Mill Srreer • Half Moon Bay, CA 94019 Los Garos, CA, 95032 Christopher Kankel, ASLA, Principal (650) 726.7100 • Fax (650) 726-7677. . (408) 356-5980 • Fax (408) 3560385 Warren Barnes, Associate wvvw.kkdeignQrcuo.com Thomas Conroy, Associate