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HomeMy WebLinkAboutItem 3.1Town of Los Altos Hills February 16, 2006 Staff Report to the Planning Commission RE: LANDS OF GRAHAM, 2344 OLD PAGE MILL ROAD (238-05-ZP-SD); A REQUEST FOR A SITE DEVELOPMENT PERMIT FOR A 682 SQUARE FOOT ADDITION AND MAJOR REMODEL INCLUDING 236 SQUARE FEET ADDED TO THE SECOND STORY (NO PROPOSED CHANGE TO THE HEIGHT OF THE BUILDING), ALTERATIONS TO THE EXISTING DRIVEWAY AND A REQUEST FOR A MINIMUM STRUCTURAL SETBACK OF 10 FEET FROM THE TOP OF MATADERO CREEK BANK WHERE 25 FEET IS THE MINIMUM STRUCTURAL SETBACK PER SECTION 10-2.702 (E) OF THE SITE DEVELOPMENT CODE. FROM: Brian Froelich, Assistant Planner j&F APPROVED BY: Carl Cahill, Planning Director C That the Planning Commission: Approve the Site Development Permit and allow a 10 foot minimum structural setback from the top of the west Matadero Creek bank finding that the immediate area is already developed and the addition, as conditioned, will not likely further impact Matadero Creek. BACKGROUND The subject 1.212 acre property is located on the west side of Page Mill Road. The relatively flat site (10.1% slope) is developed with a two story dwelling, attached garage, and kidney shaped pool all built in 1979. Permit history includes an earthquake repair (#3986) in 1990 and a bathroom remodel (#6742) in 1994. The property is part of the Baumgartner Subdivision approved in 1977. Matadero Creek flows south to north through the center of the property. The existing residence is located on the west side of Matadem Creek. The subdivision map shows the Matadero Creek channel and an existing 55 foot wide storm drain easement (S.D.E) (centers on creek channel) that was dedicated by the subdividing property owner. The property contains ten heritage oak trees (12" or greater) including one large 52" oak tree located on the east side of Matadem Creek. Pursuant to Section 10-2.702 (e) of the Site Development Code (attached), structures shall be structural setback a minimum of 25' from the top of all creek banks. The code section also allows the Planning Commission to approve lesser structural setbackss without requiring variance findings. Laurie of Graham Planning Commission February 16, 2006 Page 2 of 8 DISCUSSION Property Data: Existing Gross Lot Area: 1.212 acres Net Lot Area: 1.212 acres Average Slope: 10.1% Lot Unit Factor: 1.209 Floor Area and Development Area: Maximum Development Area 18,090 Floor 7,248 First Floor Proposed Existing Increase Left 11,739 11,477 262 6,351 4,532 3,850 682 2,716 The project includes demolition of the existing three car garage and replacement with a redesigned two car garage and a guest bedroom and bathroom. The existing front entry porch would also be demolished and replaced including a remodel of the foyer. The existing family room would be enlarged by 60 square feet. This addition would replace an existing attached deck; however, the existing deck is within 25 feet of the top of Matadero Creek bank. The deck is a legal nonconforming structure' but the conversion to floor area constitutes a change of use2 and requires Planning Commission approval per Section 10-2.702 (e) of the Site Development Code. A new bay window is proposed as an addition to the dining room. The bay window is a cantilever design but would encroach nearer to the Matadero Creek bank and requires Planning Commission approval per Section 10-2.702 (e) of the Site Development Code. A new 160 square foot deck is proposed extending from the existing living room. The deck would also encroach nearer to the Matadero Creek bank and requires Planning Commission approval per Section 10-2.702 (e) of the Site Development Code. Sec. 10-1.401. Nonconforming structures (h) Legal nonconforming structure. For the purposes of this section, a legal nonconforming structure is one which was legally permitted at the time it was constructed, or legally permitted by an approved variance but which does not comply with one (1) or more of the Town's current Zoning Code provisions. 2 (j) Change of use. A change of use means conversion of a non -habitable structure (such as garages, carports, bams/stables, or storage) to residential uses (main residence, secondary dwelling, pool house, etc.), or the conversion of an outdoor use area (walkway, patio) to a more intensive use (swimming pool, tennis court). Change of use is only relevant to setback nonconfomdties. Change of use to a less intensive use may be permitted by the Planning Director. lands of Graham Plmming Commission February 16, 2006 Page 3 of 8 Second Floor The proposed second floor additions total 236 square feet and include expansion and remodel of bathrooms and closets. The proposed second floor additions do not increase the existing building height (27') and are not located within 25 feet of the Matadem Creek Bank. Site Modifications The proposal includes a major change to the circulation pattern onsite following the proposed alteration of the garage. The existing garage doors face north. The proposed garage doors face west. The existing concrete driveway can accommodate the proposed garage access change; however, this proposal constitutes a change of use for the driveway and an intensification of the use of nonconforming hardscape located in the setback. The applicant was made aware of this zoning issue and has responded by proposing removal of nonrequired portions of the driveway. The total removal includes 680 square feet of paving in the setback. The Engineering Department has reviewed and approved the driveway revision. The Fire Department has required that the applicant widen the driveway on the east side of Matadero Creek for emergency access. This portion of the joint driveway access is not located on the subject property and will not add to the total development area for the site. A minor alteration to the pool equipment enclosure is proposed. The equipment will be moved less than five feet from the existing location and will not encroach into any required setback. An existing A/C unit is within the 25 foot structural setback. The unit is not substantiated by permits of record and must be relocated to a compliant location with this request (noted in conditions). Onen Snace Easement Dedication If the project is approved, recommended conditions require an open space easement to be placed on the property. The easement would run continuously from the south property line to the north property line bounded by the east Matadero Creek bank (opposite side of proposed additions) and a line that runs parallel to the creek bank 25 feet to the east (toward Page Mill Road). Parkine Existing parking onsite includes three legal covered parking spaces (10'x 20'). The parking space total on site will not change (three legal spaces) (Section 10-1.309(c)). The garage redesign maintains the two covered spaces required per Section 10-1.601. Parking on site is not required to be brought up to full conformance because the net addition is less than 900 square feet and the proposal is not a new residence. Lands of Graham Plarm ng Comntission February 16,2W6 Page 4 of B Trees The proposal includes removal of one 14" non oak tree. This tree is not protected by code and can be removed without approval by the Town. The site contains three heritage oak trees with driplines that are located in the area of proposed construction. Typically, an Arborist report is required during the planning review of projects. In this case the nature of the request and the uncertainty of approval warrant an arborist report only if the project is approved. If the project is approved, recommended conditions require that the Town's consulting arborist shall prepare the report and recommend protection measures. The timing will also allow the arborist to consider the construction staging and operations plan in the recommendations. Grading. Drainage. and Flood Zone The Engineering Department has reviewed the plans, found the project to be consistent with the Town's grading policy, and has recommended conditions of approval (attachment 1). The project includes no change to drainage patterns existing onsite and the project requires no grading. During plan review it was discovered that the vertical elevation data shown on the property survey differs from the elevation shown on the applicable FEMA, Floor Insurance Rate Map. The Town's Policy Regarding the Use of Benchmarks states that Town adopted benchmarks must be used if the property is within 2,500 feet of the property. The subject property is over 5,000 feet away from the nearest Town benchmark so the survey is was not taken from this adopted benchmark. This explains the difference in the elevation data between the two documents. The project engineer has submitted a letter stating that the proposed additions are not located in the flood zone (attachment 3). Further, a copy of the proposed plan was sent to the Santa Clara Valley Water District for comment. The response concluded that the Matadero Creek channel is within their jurisdiction and the District has issued a permit with conditions for the proposed project (attachment 2). Committee Review The Environmental Design Committee recommends that any landscaping along Matadero Creek be native riparian. The proposal was not routed to the Pathways Committee because the project does not include habitable additions over 900 square feet and is not a new residence (Section 10- 2.607). ENVIRONMENTAL STATUS (CEOA) The proposed addition is categorically exempt from the California Environmental Quality Act by provision of Section 15301, Class 1 (e): "Additions to existing structures provided that the addition will not result in an increase of more than: Lands of Graham Planting Commission Febmary 16, 2006 Page 5 of 8 (1) 50 percent of the floor area of the structure before the addition, or 2,500 square feet, whichever is less. " ATTACHMENTS 1. Recommended conditions of approval 2. Santa Clara Valley Water District Permit 3. Flood Zone statement from project engineer 4. Applicant's letter to the Planning Commission 5. Copy of Section 10-2.702 (e) of the Site Development Code 6. Project plans and Site photos (Commission Only) Lards of Graham Planning Commission February 16, 2006 Page 6 of 8 ATTACHMENT 1 RECOMMENDED CONDITIONS FOR SITE DEVELOPMENT PERMIT FOR AN ADDITION AND MAJOR REMODEL LANDS OF GRAHAM, 2344 OLD PAGE MILL ROAD File #238-05-ZP-SD A. PLANNING DEPARTMENT: 1. No modifications to the approved plans are allowed except as otherwise first reviewed and approved by the Site Development Authority. 2. The property owner shall grant a 25 foot wide (measured from the top of the east Matadero Creek Bank to the east) Open Space Easement to the Town. No structures are permitted and no grading or fill shall be permitted. Native vegetation may be planted within the easement but no irrigation or sprinkler systems are permitted. The property owner shall provide legal description and plat exhibits that are prepared by a licensed land surveyor and the Town shall prepare the grant document. The grant document shall be signed and notarized by the property owner and returned to the Town prior to acceptance of plans for building permit. 3. The Town's consulting arborist shall prepare and submit a report on the health of the oak trees on site, comment on the proposed construction and recommend mitigation measures prior to acceptance of plans for building plan check. 4. The approval of a lesser structural setback than 25 feet applies to this proposal only. Any future additions, construction, or site developments will be evaluated according to the laws and standards at that time. Future proposals will be evaluated on the specific merits of the project and may warrant a different structural setback from the top of Matadero Creek bank. 5. The property owner shall relocate the existing A/C unit to a location conforming to Section 10-2.702 (e). The proposed unit location shall be shown on the plans submitted for building permit review. 6. All exterior lighting fixtures shall have frosted/etched glass enclosures or be shielded light fixtures. All landscape lighting shall be reviewed with the landscape plan. Lighting fixtures shall generally be shielded downlights. No lighting may be placed within setbacks except for two driveway or entry lights. 7. Skylights shall be designed and constructed to reduce emitted light. No lighting may be placed within skylight wells. Lands of Graham Plain g Commission February 16, 2006 Page ] of 8 8. The applicant shall show proof of final sign off from the Fire Department and Santa Clara Valley Water District prior to Planning final sign off. 9. No new fencing, gates, or columns are approved with this plan. 10. Fire retardant roofing (class A) is required for all new construction 11. Any required permits shall be issued by the Building Department prior to commencement of work on the proposed improvements. IU7171R12["107:A:btlu")01NN 12. The site drainage associated with the proposed development must be designed as surface flow wherever possible to avoid concentration of the runoff. The proposed drainage shall be designed to maintain the existing flow patterns. Final drainage and grading shall be inspected by the Engineering Department and any deficiencies corrected to the satisfaction of the Engineering Department prior to final inspection. 13. 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 (November 1 to April 1) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line. 14. Two copies of an erosion and sediment control plan shall be submitted for review and approval by the Engineering Department prior to acceptance of plans for building plan check. 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. 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. 15. 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 release of occupancy permits 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. 16. Two copies of a 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 construction operation plan shall address truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic safety on Old Page Mill Road 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 [ands of Graham Planning Commission February 16,20a5 Page 8 of 8 site for collection of construction debris. Arrangements must be made with the Los Altos Garbage Company for the debris box, since they have a franchise with the Town and no other hauler is allowed within the Town limits. 17. The location and elevation of the additions and deck shall be certified in writing by a registered civil engineer or licensed land surveyor as being in/at the approved location and elevation shown on the approved Site Development plan prior to final inspection. C. FIRE DEPARTMENT: 18. All portions of the residence shall be sprinklered prior to final inspection. Sprinkler plans shall be reviewed and approved prior to issuance of building permits. 19. The driveway shall be widened to 14 feet with a vertical clearance of 13 feet 6 inches from Old Page Mill to the existing driveway bridge prior to final inspection. D. BURRING DEPARTMENT: 20. Properties must pay School District (Los Altos or Palo Alto) fees before receiving their building permit from Los Altos Hills. The applicant must take a copy of required fee payment forms that have been completed by the Town to both the elementary and high school district offices, pay the appropriate fees and provide the Town with a copy of their receipts. Upon completion of the construction, a final inspection shall be required to be set with the Planning and Engineering Departments at least two weeks prior to final building inspection approval. CONDITION NUMBERS 2, 3, 14, 15 AND 16 SHALL BE COMPLETED, REVIEWED, AND APPROVED BY THE PLANNING DEPARTMENT AND THE ENGINEERING DEPARTMENT PRIOR TO ACCEPTANCE OF CONSTRUCTION PLANS FOR PLAN CHECK BY THE BUILDING DEPARTMENT. NOTE: The Site Development permit is valid for one year from the approval date (until February 16, 2007). All required building pemlits 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. A'MQHNTP-ERMIT 5onto Ooro Volley Wolw District 575D ALMADEN EXPRESSWAY, SAN JOSE, CA 9511&3614 408) 5- FCE 6 (a 2402) Facility: Matadero Creek Data Issued: Decen''rz0 2Q05. Permit No.: 05168 Permittee: Mr. Kenneth Graham Telephone: (650) 94W36 File: 14666 Ms. Anne Graham Matadero Creek 101 Second Street, Unit No. 7 TOWN Of Les A.6%',:i jii (= Wly Page Mill Road, Los Altos, CA 94022 Nly Christophers Lane Re: Addition/Remodel at 2344 Old Page Mill Road, Los Altos Hills Purpose of Permit: D Encroachment Addition/remodel of an existing single family residence within 50 feet of Matadero Creek located at ® Construction 2344 Old Page Mill Road in Los Altos Hills. D Temporary Construction Expiration Date: December 30, 2006 Encroachment Expiration Date: PERMITTEE MUST NOTIFY AND FURNISH SCHEDULE OF WORK TO: Santa Clare Valley Water District's (District) Construction Unit, clo Permit Desk, (408) 265-2607, extension 3795, at least 2 normal working days before starting any work under this permit. Failure to notify is cause for revocation of Permit and removal of work. Exercise of this permit shall indicate acceptance of and agreement to comply with all provisions included herein. This permit is subject to the General Provisions listed on the reverse side hereof or as expressly modified in the additional Special Provisions listed below. Violation of any provision shall be cause for immediate revocation of permit. SPECIAL PROVISIONS Permittee will be responsible for verifying the location of the proposed work and District facilities in the field. All work associated with this permit shall be in accordance with the plans that were submitted to and accepted by the District. Permittee will be responsible to adjacent property owners for disturbances, including but not limited to noise and dust, mused by operations permitted hereunder. Pennittee shall implement effective dust control measures to prevent dust and other airborne matter from leaving the site. Permittee is responsible for repairing any damage to Matadero Creek occurring as a result of the construction permitted hereunder. Continued on page 3 Approval: Su€A. Tippets, P.E. / ,/ Engineering Unit Manager Community Projects Review Unit cc: Mr. Daryl Harris Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 FCE 60¢(W 4=) latadero Creek 3 Permit No. 05166 PECIAL PROVISIONS—Continued Permittee must prevent construction materials and wastes, including sediment and nonstorm water from directly or Indirectly entering Matadero Creek. Follow the Santa Clara Urban Runoff Pollution Prevention Program's recommended Best Management Practices for construction activities, as contained in 'Blueprint for a Clean Bay; and the 'California Storm Water Best Management Practice Handbook for Construction' Permittee shall, at permittee's own expense, indemnify the Santa Clara Valley Water District, its Directors, officers, agents, employees, and volunteers from and against any claim, loss, liability, cost, or expense arising out of or in any way connected with this permit. ccE sok 1a 4W) ARGiuliani & Kull, Inc.ATTACHMENTS AR February 1, 2006 San Jose - Ookdole - Auburn Project No. 05226 Brian Froelich Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 re: 2344 Old Page Mill Road Brian, This letter is to summarize our email correspondence regarding this project. Giuliani & Kull, Inc. did not tie into the Town benchmark system for this survey, since it was so far from a Town benchmark. (This is in accordance with the Town's regulations.) This is why there appears to be a discrepancy between the elevations. Attached is a copy of the FEMA Flood Insurance Rate Map (FIRM) which shows that the water in this drainage channel is contained within its banks. It is my opinion that as long as the house is above the top of the creek bank, that they will not have any problems from the creek flooding, based upon the FIRM that I have attached. (FYI: I checked the adjacent FIRM for Palo Alto, (there is a small gap between the maps by the way), but when they do show Matadero Creek just down stream of this site, it is shown as being contained within the creek banks as well.) Hopefully this will alleviate any concerns you have. If not, or if you have any further comments or questions, feel free to contact me. Sincerely, Giuliani & Kull, Inc. r. Mark A. Helton, PE, PLS 4880 Stevens Creek Blvd., Suite 205 • San Jose, CA 95129 • (408) 615-4000 • Fax (408) 615-4004 ZONE A5 February 7, 2006 Planning Commission Town of Los Altos Hills C/O Brian Froelich Assistant Planner RE: 2344 Old Page Mill Road Dear Sirs, ATTACHMENT q RECEIVED FEB 9 2006 TOWN Cr L03 ilKS KILE We are submitting this letter as the owners of the home remodel project at 2344 Old Page Mill Road, Los Altos Hills and in anticipation of a Planning Commission meeting scheduled for February 16, 2006. We understand that City Planning staff and our architect will be present at the meeting. We have owned this home for 25 years and it remains substantially in its original configuration. Our proposed project is intended to add an additional bedroom complex on the ground floor (largely within the existing garage), expand the master bedroom complex on the second story, re -locate and expand some decking and refinish the remainder of the house. We also intend to rehabilitate the swimming pool and garden areas, including new landscaping at the entrance to our home. A key feature of the property is that, rather than having a creek as one border, the property is divided in half or bisected by Matadero Creek The eastern half of the property, up to the set back along Page Mill Road, is designated as a "100 year flood plain" by the Santa Clara Flood Control District and is "an -buildable". The western side of the creek is several feet higher than the flood plain on the eastern side. The creek has been defined and bounded by a storm drain easement. This easement restricts the creek side. The customary side yard set -backs restrict the home on the other two sides, yielding a home site that is already very restricted on three sides. The existing swimming pool limits the opportunity to expand much to the South. There are three issues that we would like to have addressed by the Planning Commission: Creek set -back of 25 Feet. The house is an existing condition and the 25 foot set back from the top of the creek must have been enacted since our home was built. Each of our proposed changes on the creek side of the home complies with the Santa Clara County Storm Drain boundary. a. A deck on the creek side of the living room b. Bay window in the dinning room c. A partial enclosure of a deck for the dinette d. A deck on the second floor level facing South e. An existing A/C unit does sit partially in the easement. We will relocate this unit outside of the storm drain easement. We request alignment of the set back to match the existing Storm Drain Easement. II. Driveway removal. The driveway and the sport court/basketball hoop have existed for 25 years. The concrete in the set back is an existing condition. We turned the garage doors west in order to reduce the impact of automobiles on the front entrance to the home. We are removing driveway and concrete on the east side of the driveway. As the driveway currently exists, delivery trucks and larger cars frequently drive over the lawn and sprinklers while backing out. There is limited maneuverability and visibility due to fencing which also increases safety concerns for neighbor children and autos. Reducing the aprons, as the staff requests, will increase the difficulty in getting into and out of the driveway. We encourage the commissioners and staff to try the driveway for themselves. We request that we retain the paved areas that exist III. Open Space set -back The city staff is asking for a proposed 25 foot open space on the Page Mill side of Matadem Creek. There is already a Storm Drain Easement and the "100 year flood plain" that sufficiently prohibit development on that side of the creek The Fire Department brush removal program mandates as to rototill the field on the East side of the property annually. An `open space" creates complexity, risk, privacy issues and owner liability. We request that the proposed open space set -back be eliminated as redundant and un- necessary in light of the Storm Drain Easement and the flood plain designation. We appreciate your attention to these requests. Thank you for scheduling two Planning Commission sessions in February to consider this project as well as others. Sincerely, Anne and Ken Graham Sec. 10-2.702. Siting. Page 1 of 1 Remove highlighting ATTACHMENT TITLE 10. ZONING AND SITE DEVELOPMENT' CHAPTER 2. SITE DEVELOPMENT' Sec. 10.2.702. Siting. (a) Alternative locations. The location of buildings and structures shall be selected so as to minimize run-off from the site, the volume of off-site drainage created, the destruction or alteration of natural vegetation, and the impairment of scenic views from off the she. (b) Preservation of ridgelines, hilltops, and highly visible lots. Ridgelines, hilltops, and highly visible lots shall be preserved by the siting of structures to take advantage of natural topographic or landscape features which would cause structures to blend with their natural surroundings. The Site Development Authority shall consider the following guidelines in approving the location of a structure: (1) Single story buildings and height restrictions may be required on hilltops, ridgelines, and highly visible lots. (2) Cut foundations should be used in place of fill on hilly terrain. (3) Native or naturalized vegetation should be used to conceal structures wherever possible. (4) Structures may be located on ridgelines or hilltops only when they can be rendered unobtrusive by one (1) or more of the following techniques. (i) The use of natural vegetation and/or added landscaping. (ii) The use of a low -profile house, with a sloping roofline and foundation, that follows the natural contours of the site. (iii) The use of exterior roofing and siding materials and colors that blend with the natural landscape. (5) Hilltops or ridgelines shall not be out down, flattened, or similarly graded to create a building pad in excess of the actual area covered by the principal residence. (c) Disturbance to the site. The location of all structures should create as little disturbance as possible to the natural landscape. The amount of grading, excavation, or fill shall be the minimum necessary to accommodate proposed structures, unless grading is proposed to lower the profile of buildings. Additional grading may be allowed for the purpose of lowering the profile of the building provided that at the completion of the project the visual alteration of the natural terrain is minimized. The removal of vegetation and alteration of drainage patterns shall be the minimum necessary to accommodate the proposed structure. (d) Passive solar energy conservation. Opportunities for passive solar energy shall be considered in the siting of buildings. (e) Creek protection. Structures shall be set back a minimum of twenty-five (25') feet from the top of bank of all creeks. Greater setbacks may be required along major creeks in the Town; however, lesser setbacks may be allowed where approved by the Planning Commission. Improvements required to all creeks shall be accomplished to appear natural and to maintain the natural meandering course of the existing creek. Creeks and banks shall be protected so as to remain in their natural state as much as possible. They should not be disturbed by the building or grading process. No grading shall be allowed in creeks or within the required setbacks from top of bank. Siting of structures shall be done with safety as a primary concern. Safety concerns and preservation of riparian habitat are required to be simultaneously addressed when designing development and required improvements to creeks. (§ 15, Ord. 299, eff. December 11, 1985; §§ 6, 7, Ord. 370, eff. May 20, 1994) http://www.bpcnet.com/cgi-bin/hilite. pllcodes/losaltoshills/_DATAMTLE 10/CHAPTER_... 2/10/2006 I y I x t (1rw,fi r • Mfr ` ..., 'r�k '�� \ T � rY�a �� _ 'P � i