HomeMy WebLinkAbout3.3 ITEM 3.3
TOWN OF LOS ALTOS HILLS May 5, 2016
Staff Report to the Planning Commission
SUBJECT: TENTATIVE PARCEL MAP FOR A TWO-LOT SUBDIVISION OF A 2.61
ACRE PARCEL; LANDS OF YIU; 25700 BASSETT LANE; FILE #370-14-
TM-IS-ND.
FROM: Steve Padovan, Consultant Planner 6e
APPROVED: Suzanne Avila, AICP, Planning Director
RECOMMENDATION
That the Planning Commission:
Forward a recommendation to the City Council for approval of the requested Tentative Parcel
Map, based on the findings in Attachment 1 and the conditions of approval in Attachment 2.
TENTATIVE MAP REVIEW
In order to approve a subdivision, the Planning Commission must determine that the project is
consistent with the General Plan, Subdivision and Zoning Regulations, and that no findings for
denial can be made, as specified in Section 66474 of the State Subdivision Map Act. Staff has
prepared findings for approval of the project (Attachment 1). Comments on the Tentative Parcel
Map have been received from the following:
• Town Geotechnical Consultant;
• Engineering Department;
• Santa Clara County Fire Department;
• Santa Clara County Department of Environmental Health;
• Purissima Hills Water District;
• Environmental Design and Protection Committee;
• Open Space Committee; and
• Pathways Committee.
These comments are included in the current and previous staff reports and have been
incorporated into the conditions of approval as appropriate. Neighboring residents and property
owners within 500 feet of the site have been notified of the public hearing.
BACKGROUND
The tentative map was initially reviewed by the Planning Commission on October 1, 2015. At
that meeting, residents raised the following concerns:
- Development on the new lot will require a large amount of tree removal in order to
accommodate a driveway and building area;
Tentative Map for Lands of Yiu
May 5, 2016
Page 2 of 11
- The significant removal of trees and other vegetation will reduce the existing landscape
screening of future development;
- The proposed footprint of the new residence substantially impacts the existing drainage
swale and the proposed setback from the drainage may not be adequate depending on the
amount of runoff that feeds into that drainage;
- The proposal does not appear to be consistent with the General Plan regarding
development on slopes greater than 30%.
Following a thorough discussion of the issues raised at the meeting, the Planning Commission
voted 5-0 to continue the map off-calendar. The Commission requested that the applicant
address the following:
- Clarify the location of the pathway easement;
- Move the footprint of the proposed development out of the drainage swale;
- Substantially reduce the number of heritage trees slated for removal;
- Identify how utilities will be provided to the site;
- Clarify the construction method for the new residence that will protect the steep slopes
and the open space easement;
- Confirm the status of the drainage swale based on the amount of runoff in the basin.
On March 10, 2016, the Open Space Committee considered the revised project, and
recommended that the open space easement encompass the portions of both properties where the
slope exceeds 30% (see Attachment 3) and the entire drainage swale. On Parcel 1, this would
encompass all the property below the 526 foot contour line. On Parcel 2, this would encompass
all property below the 534 foot contour line along with a 60 foot wide easement above the 534
foot contour along the entire easterly property line.
That evening, the Planning Commission discussed the revised map and the proposed open space
easement boundary (see excerpt of March 10, 2016 minutes under Attachment 4). The
Commission appreciated the efforts made by the applicant to address the Commission's previous
comments but raised concerns with the amount of building area that remained after all
easements, yard setbacks and fault line setback areas are excluded. It was determined that
additional information should be provided on the slopes in the building area and that the
applicant meet with the Open Space Committee to review the recommended contour line based
on the additional information. In addition, the Commission recommended that the applicant and
City Engineer review options on altering the new parcel line to enlarge the building area on
Parcel 2. The Commission voted 5-0 to continue the item off-calendar.
Additional background information on General Plan consistency, tree removal, and drainage
swale definition is included in the March 10, 2016 staff report under Attachment 5.
PROJECT DESCRIPTION
The applicant has revised the proposed subdivision of the 2.61 acre parcel into two lots of 1.071
net acres (Parcel 1) and 1.508 net acres (Parcel 2) with Lot Unit Factors (LUF) of 1.003 and
1.078 respectively. The specific figures for each parcel are listed below:
Tentative Map for Lands of Yiu
May 5, 2016
Page 3 of 11
Existing Development
Gross Acreage Net Acreage, ` Av(o)o)ope LUF ,(s.MD)` `(sMFft)
Existing 2.612 2.579 19% 2.081 24,192 11,550
Site
* Existing site data is calculated prior to proposed right-of-way dedications.
Proposed Development
Parcel ' u Gross Net Acreage Ave` Slopes(%) LUF MDA MFA
Acreage ' (sal•ft) _ `(sq• fi)
1 1.071(1.070) 1.071(1.070)
13.05%(12.93) 1.001(1.003) 13,870 5,853
(13,943) (5,871)
2 1.540(1.541) 1.508(1.509) 23.23%(23.31) 1.080(1.078) 10,842 5,766
(10,789) (5,751)
Note: The figures in parenthesis are the previous lot calculations
The proposed lots meet all of the minimum requirements in the Town's Subdivision Ordinance
with regard to lot area, LUF, building area and slope density.
DISCUSSION
Parcel Line Revision
The applicant has revised the parcel line to encompass additional gently sloping areas previously
included on Parcel 1. This resulted in only slight changes to the lot sizes, LUF, MFA and MDA
calculations (see above table) but created a much more viable building area on Parcel 2. In
addition, the applicant's architect shifted the footprint of the proposed residence over 30 feet to
the west providing a greater distance from the flow line of the drainage channel. The City
Engineer has reviewed the revised lot line and supports the revised lot line location and
alignment.
Open Space Easement
The Open Space Committee (OSC) recommended that the open space easement boundary be
placed on the 534 foot contour line. In order to assess the OSC recommended location of the
open space easement boundary, the applicant's civil engineer developed a detailed slope analysis
exhibit which focused on the minor slope changes within the building area on Parcel 2 (see
Attachment 6). The exhibit shows the contour lines with bands of color each representing a
portion of land with a slope over 30% (green is all areas under 30%). Based on this exhibit, the
slopes below the 532 foot contour level exceed 34.75%, the slopes between the 532 and 534 foot
contour are between 30% and 34.75% and the vast majority of the land above the 534 foot
contour is under 30% slope. The applicant presented the detailed slope analysis to the OSC on
April 14, 2016 and requested that the OSC consider moving the open space boundary to the 532
foot contour. This request was based on the slope information which showed that the slopes did
not exceed 35% between the two contour levels and the extra area would provide approximately
Tentative Map for Lands of Yiu
May 5, 2016
Page 4 of 11
325 additional square feet of building area. The OSC discussed the issue but reiterated their
recommendation that the open space boundary remain at the 534 foot contour. Staff believes that
locating the easement on the 532 foot contour line provides a good balance between the
applicant's desire to create a reasonable building envelope and the OSC's intent to preserve the
steeper portions of the property including the drainage swale. Condition #6 requires dedication
of an open space easement on slopes below the 532 foot contour line.
Tree Removal
The applicant's architect has revised the designs on the conceptual houses to further reduce the
number of trees potentially being removed on the two parcels (see Attachment 7). The new
design for Parcel 1 reconfigures the driveway and the residence by creating a usable recreation
space behind the home (and preserving two more trees in the building footprint) and the new
location of the residence on Parcel 2 results in 15 fewer trees being removed.
CONCLUSIONS
The applicant has modified the map to show the correct location of the drainage and included a
60 foot easement over the drainage and open space easements on slopes above 30%. The
property has substantial site constraints due to the location of a fault trace, a drainage swale and
areas with slopes over 30% that limit the amount of buildable area. However, with the most
recent modifications to the map, the parcels will provide adequate developable areas to
accommodate residential development and the incorporation of easements over the drainage
swale and steeper slopes will minimize visual impacts to surrounding properties.
As documented in the recommended findings of approval, the proposed subdivision is in
compliance with the General Plan and Subdivision Ordinance, and would allow development to
occur that generally meets the provisions of the Zoning and Site Development Ordinances. The
Tentative Parcel Map is also consistent with the State Subdivision Map Act.
ATTACHMENTS
1. Recommended Findings for Subdivision Approval
2. Recommended Conditions of Approval
3. Excerpt of Minutes from the March 10, 2016 Planning Commission Meeting
4. March 10, 2016 Open Space Committee Recommendation
5. March 10, 2016 Planning Commission Report
6. Slope Exhibit for Parcel 2 Building Area
7. Tree Plans and Building Footprint
8. Tentative Map plan set(Commission only)
Tentative Map for Lands of Yiu ATTACHMENT 1
May 5, 2016
Page 5 of 11
ATTACHMENT 1
RECOMMENDED FINDINGS FOR THE TWO LOT
SUBDIVISION OF A 2.61-ACRE PARCEL
LANDS OF YIU
(Assessor's Parcel Number 336-43-013)
FILE#370-14-TM-IS-ND
1. The subdivision as proposed would create two lots that meet all of the minimum
requirements in the Town's Subdivision Ordinance with regard to the following:
minimum lot area of one acre; minimum Lot Unit Factor of 1.0; the location of a 160-foot
diameter building circle within,the proposed parcel boundaries thereby indicating that the
parcel contains a viable building site; a minimum of one net acre within a 350-foot
diameter circle that encompasses each parcel; and the lots meet the minimum slope
density requirement based on the proposed average slope of the lots.
2. The proposed subdivision would create two lots that are compatible with the permitted
density on the Land Use Map for the Town and consistent with the Land Use and
Conservation Elements in the General Plan which include policies to preclude
development on slopes of greater than 30% to the maximum extent feasible, minimize
disturbance of natural terrain and vegetation, and preserve heritage oaks through the
dedication of open space easements over the drainage swale and over the steeper portions
of the property to maintain the open space in perpetuity.
3. Access to the proposed lots will be provided from a public road. Adequate services
including water, sewer, gas and electric, telephone, fire protection and police protection
are available to serve the subdivision as described in the staff report
4. All lots as proposed on the Tentative Parcel Map are physically suitable for the proposed
future development. The Town Geotechnical Consultant has indicated that stated
concerns can be addressed by adherence to the Project Geotechnical Report and
conditions of approval for the project.
5. All potentially significant environmental effects can be reduced to a less than significant
impact. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage or to substantially and unavoidably injure fish or
wildlife or their habitat.
6. The design of the subdivision and the proposed improvements are not likely to cause
serious public health problems. It has been determined that each of the proposed lots
contains a suitable building site, and that the proposed density is consistent with the
General Plan.
Tentative Map for Lands of Yiu
May 5, 2016
Page 6 of 11
7. The Town Engineer has reviewed the project and has determined that the design of the
subdivision and the improvements will not conflict with easements, acquired by the
public at large, for access through or use of the property within the proposed subdivision.
Tentative Map for Lands of Yiu ATTACHMENT 2
May 5, 2016
Page 7 of 11
ATTACHMENT 2
RECOMMENDED CONDITIONS FOR THE TWO-LOT
SUBDIVISION OF A 2.612-ACRE PARCEL
LANDS OF YIU
(Assessor's Parcel Number 336-43-013)
FILE#370-14-TM-IS-ND
GEOTECHNICAL/EARTHWORK
1. Geotechnical Engineering investigations shall be completed for new residential
structures on Parcels 1 and 2. Recommended geotechnical design parameters shall be
provided for all proposed improvements based on site-specific investigation and testing.
In addition the consultant shall address the likely performance of detached garages
constructed above the identified Berrocal Fault and the level of disruption to the
driveway crossing the fault. With respect to Parcel 2, the Consultant shall discuss the
potential benefits and alternative alignments for utilities to serve the residence that do
not cross the fault trace.
2. Site development plans shall be prepared considering the results of design-level
geotechnical engineering investigations requested above. Consideration shall be given
to minimizing damages from potential surface fault rupture by strategic placement of
site improvements and utility design.
LAND AND EASEMENT DEDICATION
3. Payment of park and recreation dedication fees, pathway in lieu fee, and all other
applicable fees shall be required prior to recordation of the Final Map. The park and
recreation dedication fees shall be provided in accordance with .sections 9.1.1403 and
9.1.1404 of the Los Altos Hills Municipal Code.
4. The applicant shall relocate or abandon existing public utility easements and grant new
public utility easements where needed to all utility companies for utility construction
and maintenance, including but not limited to: AT&T Telephone Company, Pacific Gas
and Electric Company, Comcast Cable Television, and Purissima Hills Water District.
The dedications shall all be completed in conjunction with Final Map approval, to the
satisfaction of the City Engineer.
5. The applicant shall dedicate additional right of way easement to create 30' wide half
width right of way over Rhus Ridge Road. The dedications shall be completed in
conjunction with the Final Map approval,to the satisfaction of the City Engineer.
6. An open space/conservation easement shall be granted to the Town of Los Altos Hills on
all slopes below the 526 foot contour line on Parcel 1 and over the drainage swale on
Parcel 2 and on slopes below the 532 foot contour line as shown on the Tentative Map.
•
Tentative Map for Lands of Yiu
May 5, 2016
Page 8 of 11
Within the easement, no structures, grading, stormwater detention systems, or retaining
walls will be permitted. Native vegetation may be planted within the easement. The Open
Space Committee will review the easement language prior to recordation of the final
Map.
IMPROVEMENTS
7. A Subdivision Improvement Plan which includes an Erosion and Sedimentation Control
plan shall be submitted for review and approval by the City Engineer as part of the
Subdivision Improvement Plans. This plans shall conform to all standards adopted by the
Town of Los Altos Hills and shall comply with all appropriate requirements of the
Town's NPDES Permit relative to grading and sediment erosion control including but not
limited to: a) restricting grading during the moratorium from October 15 to April 15; b)
protecting all finished graded slopes from erosion using such techniques as hillside
benching, erosion control matting and/or hydroseeding; c) protecting downstream storm
drainage inlets from sedimentation; d) appropriate use of sediment rolls to retain
sediment on the project site; e) any other suitable measures outlined in the ABAG
Manual of Standards.
8. All lots within the subdivision shall be connected to the public water system to the
satisfaction of the City Engineer and Purissima Hills Water District. Services shall be
installed to the property lines or be bonded for prior to recordation of the Final Map.
An encroachment permit shall be required to be issued by the Public Works Department
for all work proposed within the public right of way. Any necessary fees shall be paid
prior to the recordation of the Final Map.
9. All existing and proposed utilities located within the subdivision that serve. the
subdivision shall be placed underground, in accordance with Subdivision Ordinance, Sec.
9-1.1105. Cable television, gas, electric, and telephone services, to the property lines are
included in this requirement. Plans for the location of all such utilities are to be included
in the improvement plans for the subdivision. Improvements shall be installed or bonded
for prior to recordation of the Final Map.
10. All lots within the subdivision shall be connected to the public sanitary sewer system. An
encroachment permit must be obtained from the Public Works Department for all work
proposed within the public right of way. Services shall be installed to the property lines
or bonded for prior to the recordation of the Final Map.
11. A Grading and Construction Operation plan shall be submitted by the subdivider for
review and approval by the City Engineer and Planning Director prior to issuance of any
permits for subdivision improvements. The Grading/Construction Operation plan shall
address truck traffic issues regarding dust, noise, and vehicular and pedestrian safety on
Rhus Ridge Road and Bassett Lane; 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.
Tentative Map for Lands of Yiu
May 5,2016
Page 9 of 11
for the debris box, since they have a franchise with the Town and no other hauler is
allowed within the Town limits.
12. The subdivider shall construct a native path within the existing pathway easement on the
eastern border of Parcel 2, meandering around trees and away from creek. The subdivider
must stake the proposed path route for review by the Pathway Committee and Town
Engineer prior to constructing the path.
13. Improvement plans for the subdivision shall be submitted for review and approval by the
Town Engineer prior to commencement of improvement work.
14. All subdivision improvements shall be constructed to the satisfaction of the Town
Engineer or bonded for prior to recordation of the Final Map.
15. All subdivision conditions of approval and subdivision improvements shall be
constructed and approved by the Town Engineer prior to issuance of any site
development or building permits.
16. Any, and all, wells on the property shall be shown on the Improvement Plans, shall be
properly registered with Santa Clara Valley Water District (SCVWD), and shall be
abandoned, capped in accordance with the SCVWD standards.
17. All existing structures located within the future building setback lines shall be removed
prior to recordation of the Final Map.
PLANNING AND ZONING
18. Payment of park and recreation dedication fees, path in lieu fee and all other applicable
fees shall be required prior to recordation of the Final Map. The park and recreation
dedication fees shall be provided in accordance with Sections 9.1.1403 and 9.1.1404 of
the Los Altos Hills Municipal Code.
19. The existing dwelling on the property and all hardscape improvements within the open
space easements and the yard setbacks (with the exception of storm drain improvements,
utilities and driveways) shall be demolished prior to recordation of the map.
20. The applicant shall inform the Town of any damage and shall repair any damage caused
by construction of the subdivision improvements to pathways, private driveways and
public and private roadways prior to final acceptance of the subdivision by the Town.
The applicant shall provide the Town with photographs of the existing conditions of the
roadways and pathways prior to recordation of the Final Map.
21. The applicant shall defend, indemnify, and hold harmless the Town of Los Altos Hills
and its agents, officers, and employees from any claim, action, or proceeding against the
Town of Los Altos Hills or its agents, officers, or employees to attack, set aside, void, or
annul an approval of the project to the extent such actions are brought within the time
Tentative Map for Lands of Yiu
May 5, 2016
Page 10 of 11
period required by Government Code Section 66499.37 or other applicable law;
provided, however, that the Applicant's duty to so defend, indemnify, and hold harmless
shall be subject to the Town's promptly notifying the Applicant of any said claim, action,
or proceeding and the Town's full cooperation in the defense of such actions or
proceedings.
22. Prior to beginning any grading, construction or demolition operations, all significant:trees
shall be fenced with chain link type material at the dripline. Town staff must inspect the
fencing and trees to be fenced prior to starting demolition, grading or construction. The
fence must remain in place throughout the course of construction. No storage of
equipment, vehicles or debris shall be allowed within the drip lines. All large and heritage
oak trees shall be retained to the greatest extent feasible.
23. Prior to beginning any grading, construction or demolition operations, temporary chain-
link fencing shall be installed at the setback line from the centerline of the swale as
specified by the planning staff. Town staff must inspect and approve the fencing
installation prior to commencement of any construction activities. The property owner
shall call for said inspection at least three days in advance of the start of grading
operations. The fencing shall remain throughout the course of construction. No storage of
construction materials, equipment, vehicles, or debris shall be allowed within the riparian
setback at any time.
24. The applicant shall ensure that noise generating construction activities are limited to
Monday through Saturday between the hours of 8:00 am and 5:30 pm. No heavy noise
generating equipment is allowed to be used on Saturdays and no construction is allowed
on Sundays or holidays as noted per Chapter 7, Sec.5-7-01 of the Los Altos Hills
Municipal Code.
25. The addresses for the two parcels shall be assigned and approved by the Town as
required by the Santa Clara County Fire Department and in accordance with Town
policies.
26. The new residences on Parcels 1 & 2 shown on the Tentative Map Conceptual
Development Plan are conceptual only, and no approval of any residence is indicated by
approval of the Tentative Map. Site development applications for the new residences
shall be submitted to the Planning Department for review and approval by the Planning
Commission.
27. At such time as development on each of the new parcels is proposed, the applicant shall
submit a detailed drainage improvement plan for review and approval by the Engineering .
Department. Peak discharge shall not exceed the existing pre-development peak
discharge value of the property. Detention storage must be incorporated into the project
to reduce the predicted peak discharge to the pre-development value. The applicant's
engineer shall provide data and peak discharge hydrologic model(s) utilized, as well as,
the calculations of the peak discharge value prior and post development.
Tentative Map for Lands of Yiu
May 5, 2016
Page 11 of 11
FIRE DISTRICT REQUIREMENTS
28. Plans for new residences shall be reviewed and approved by the Santa Clara County Fire
Department at the time of site development permit application. Conditions that may be
applied at that time include, but are not limited to, providing an acceptable water supply
based on the size of the new residences, providing an emergency vehicle turnaround,
placement of property address signs that are clearly visible from the right-of-way, and
providing an approved access system if the lots are fenced and gated.
ATTACHMENT 3
conform with this requirement may result in a stop work order." Com s ' sioner
Tankha said she did not believe that to be a practical request. Directo, . vila said
that parking on-site was already a requirement in the construction ..• -ss.
x ,
MOTION MADE AND SECONDED: Commissioner M e moved to make the
conditional development permit findings in Attachmen the variance findings in
Attachment 2, to approve the project as propos �ubject to the conditions in
Attachment 3. to add the condition that the wiseat be removed, and that the
construction condition as proposed by Cs issioner Abraham be added.. The
motion was seconded by Commissioner kha.
AYES: Commiss' -r Mandle, Commissioner Tankha, Chair
Coup
NOES: .' ommissioner Abraham, Commissioner Partridge
ABSENT: None
ABS : None
OTION CARRIED 3-2.
3.2 LANDS OF YIU; 25700 BASSETT LANE (APN 336-43-013) File #370-14-IS-
TM-ND. A request for a two lot subdivision of an existing 2.612 (gross) acre
parcel. CEQA review: Categorical Exemption per Section 15315, Minor Land
Divisions. (Staff-S. Padovan).
Ex Parte Disclosures: Commissioner Mandle, Partridge and Tankha said that
they had spoken with applicant Simon Yiu and architect Steven Stept. Chair
Couperus said that he had also spoken with Mr. Yiu and Mr. Stept, as well as an
unnamed neighbor and City Councilmember Roger Spreen. Commissioner
Abraham said he had nothing to disclose.
Consultant Planner Steve Padovan presented the staff report.
Commission asked questions of staff.
Applicant Simon Yiu spoke on behalf of his proposal and the changes they had
made based on neighbor and Commission feedback.
Peter Carlino, Lea and Braze Engineering, spoke on behalf of the grading and
drainage on the site, as well as the easement dedications.
Commissioner Partridge asked Mr. Carlino if he agreed with the slope depiction,
and he said that he did. Commissioner Partridge then asked him to explain some
of what he saw as discontinuity on the plans, to which Mr. Carlino said there could
3
Special Planning Commission Meeting Minutes
March 10,2016
Approved April 7,2010
be a steep change on the lot, but that he would have to look at his research to give a
definitive answer.
Eileen Gibbons, Pathway Committee, spoke on behalf of the recommendations
made by the Committee.
Charlene Archibeck, Los Altos Hills, said there were existing issues of water
flowing on to her property and she was very concerned that there would be serious
drainage issues if this development proceeded.
Chair Couperus closed the PUBLIC HEARING.
Commissioner Mandle said that she was really appreciative of all the work the
applicant had put into the project since the last meeting, and thanked staff for
everything they had done as well. She said she was happy that the Open Space
Committee had a chance to look at the project, and encouraged the applicant to
speak with the committee again to see if there was room to accommodate a larger
Open Space easement and a reasonable sized house. She felt this was going to be a
difficult subdivision, and had not decided which way she was going to go at this
point.
Commissioner Abraham said that he agreed with a lot of what Commissioner
Mandle had said, but that his real concern was creating a "monster lot" that was not
useful for development. As the plans show now, he was sure the applicant could
build a reasonable house on lot 2 without an enormous amount of difficult issues.
He said he was in support of continuing the item, as well as having more
conversations with the Open Space Committee.
Chair Couperus reiterated that the conceptual house was not set in stone, and
while a subdivision was possible, he asked if it made sense to do so. He said he was
not sure what he wanted to do with this proposal.
Commissioner Tankha said that the applicant had made a good effort to answer all
questions posed to him. She felt the site was constrained and would be hard to
build two big homes for sure, but that it would be possible to build two modest
homes. She said that she would like to see this application come before the
Commission again.
Commissioner Partridge said that he agreed with many of thoughts of the other
Commissioners. He also said that he appreciated that the applicant had been
proactive with the drainage issues and tried hard to reduce the amount of trees
proposed to be removed. He did not think they should take a 30 percent Open
Space dedication when 10 percent was feasible, but this was per the General Plan
and they are bound to respect the General Plan. He did think that returning the item
to the Open Space Committee would be helpful. He also asked what a reasonable
approach to defining a creek setback was, as the water could move with a storm or
an increased drought.
4
Special Planning Commission Meeting Minutes
March 10,2016
Approved April 7.2016
Chair Couperus added that he would like the plans of the houses come before the
Commission, should the subdivision be approved.
MOTION MADE AND SECONDED: Commissioner Mandle moved to continue
the project pending negotiation between the Open Space Committee and the
applicant to define an Open Space/Conservation easement line, negotiation between
the applicant and city engineer to define a lot division line, and a proposed building
envelope that is large enough to accommodate a reasonable building footprint in the
opinion of the applicant. The motion was seconded by Commissioner Abraham.
AYES: Commissioner Abraham, Commissioner Mandle,
Commissioner Partridge, Commissioner Tankha, Chair
Couperus
NOES: None
ABSENT: None
ABSTAIN: None
MOTION CARRIED 5-0.
3.3 INTRODUCTION OF AN AMENDMENT TO SECTIONS 10-1.202 -504
10-1.505 AND 10.2.301 OF THE LOS ALTOS HILLS MUNI .,!r• CODE
ADDING REGULATIONS FOR AMATEUR RADIO A MERGENCY
COMMUNICATION ANTENNAS; File #396-14- `'; CEQA review:
Categorical Exemption per Section 15061(B)(3) (S . :,'' Avila). Continued to
April 7, 2016 Planning Commission meeting. _ -
.tV..
4. OLD BUSINESS
4.1 Floor Area Regulations for Su. dard Lots (Staff-S. Avila)
Director Avila gave th F `_ mmission an update on this ordinance.
Commission 'ion ensued.
5. NEW BUSIN ,; none
6. APP' ":, AL OF MINUTES
. Approval of February 4, 2016 minutes.
Commissioner Mandle noted a correction to the minutes.
5
Special Planning Commission Meeting Minutes
March 10,2016
•
ATTACHMENT 4
OSC Recommendation for 25700 Bassett Subdivision
From Open Space Committee 3/10/16
It is the OSC opinion that the property is not suitable for subdivision because of the constraints on Lot
2, which include an earthquake fault in the most buildable portion of the lot, substantial area with
slope greater than 30%; numerous oaks, and a natural drainage swale.
Whether the lot is subdivided or not, the OSC recommends that the natural drainage swale be restored
to its natural location and condition by removal of the new diversion channels.
If the property is subdivided,the OSC recommends placing open space easements on both lots as
follows:
Parcell: The part of the parcel below the 534' contour line has a slope of more than 30% and should
be a part of the OS easement as per the town's general plan.The western edge of/he property where
the drainage swale is located above the 534' contour line should also be included in the OS easement. I
recommend creating a 60' border for this (2" in the site plan) from the western property line to include
the upper part of the swale up to Rhus Ridge Road. Much, but not all, of this section also has a slope
of>30%. The area is marked with a red border on the attachment.
Parcel 1: A small section of the lower part of this parcel below the 526" contour.line has a slope of
more than 30%. I recommend including this in an OS easement as it would provide a connection with
the lot 2 OS easement. The area is marked with a blue border on the attachment.
ATTACHMENT 5
TOWN OF LOS ALTOS HILLS March 10, 2016
Staff Report to the Planning Commission
•
SUBJECT: TENTATIVE PARCEL MAP FOR A TWO-LOT SUBDIVISION OF A 2.61
ACRE PARCEL; LANDS OF YIU; 25700 BASSETT LANE; FILE #370-14-
TM-IS-ND.
FROM: Steve Padovan, Consultant Planner
APPROVED: Suzanne Avila, AICP, Planning Director
RECOMMENDATION
That the Planning Commission do one of the following:
1. Forward a recommendation to the City Council for approval of the requested Tentative
Parcel Map, based on the findings in Attachment 1 and the conditions of approval in
Attachment 2; or
2. Continue the project pending a request for additional information on issues relevant to the
project; or
3. Forward a recommendation to the City Council to deny the requested Tentative Parcel Map.
Findings for denial will be provided at the next available Planning Commission meeting.
TENTATIVE MAP REVIEW
In order to approve a subdivision, the Planning Commission must determine that the project is
consistent with the General Plan, Subdivision and Zoning Regulations, and that no findings for
denial can be made, as specified in Section 66474 of the State Subdivision Map Act. Staff has
prepared findings for approval of the project (Attachment 1). Comments on the Tentative Parcel
Map have been received from the following:
• Town Geotechnical Consultant;
• Engineering Department;
• Santa Clara County Fire Department;
• Santa Clara County Department of Environmental Health;
• Purissima Hills Water District;
• Environmental Design and Protection Committee;
• Open Space Committee; and
• Pathways Committee.
These comments are included in the current and previous staff reports and incorporated into the
conditions of approval as appropriate. Neighboring residents and property owners within 500
feet of the site have been notified of the public hearing.
Tentative Map for Lands of Yiu
March 10, 2016
Page 2 of 13
BACKGROUND
The tentative map was initially reviewed by the Planning Commission on October 1, 2015. At
that meeting, residents raised the following concerns:
- Development on the new lot will require a large amount of tree removal in order to
accommodate a driveway and building area;
- The significant removal of trees and other vegetation will reduce the existing landscape
screening of future development;
- The proposed footprint of the new residence substantially impacts the existing drainage
swale and the proposed setback from the drainage may not be adequate depending on the
amount of runoff that feeds into that drainage;
- The proposal does not appear to be consistent with the General Plan regarding
development on slopes greater than 30%.
Following a thorough discussion of the issues raised at the meeting, the Planning Commission
voted 5-0 to continue the map off-calendar (see Attachment 3). The Commission requested that
the applicant address the following:
- Clarify the location of the pathway easement;
- Move the footprint of the proposed development out of the drainage swale;
- Substantially reduce the number of heritage trees slated for removal;
- Identify how utilities will be provided to the site;
- Clarify the construction method for the new residence that will protect the steep slopes
and the open space easement;
- Confirm the status of the drainage swale based on the amount of runoff in the basin.
PROJECT DESCRIPTION
The applicant is requesting approval of a subdivision of the 2.61 gross acre parcel into two lots
of 1.07 net acres (Parcel 1) and 1.51 net acres (Parcel 2) with Lot Unit Factors (LUF) of 1.003
and 1.078 respectively.
Existing Development
GGross `:` ,Net • }Ave Slope LUF i a `MDA MFA', .
,Acreage`... Acreage.. ..` (%) r (sq ft.) (sq.ft.):
Existing 2.612 2.579 19% 2.081 24,192 11,550
Site _
* Existing site data is calculated prior to proposed right-of-way dedications.
Proposed Development
Parcel Gross Net AveSlope LUF MDA a Y MFA"
• •
1 Acreage.' ,Acreage, (/o) � (sq ft) ". (sq ft)
1 1.070 1.070 12.93% 1.003 13,943 5,871
2 1.541 1.509 23.31% 1.078 10,789 5,751
Tentative Map for Lands of Yiu
March 10, 2016
Page 3 of 13
The proposed lots meet all of the minimum requirements in the Town's Subdivision Ordinance
with regard to the following:
• Each lot is a minimum of one net acre;
• Each lot has a minimum LUF of 1.0;
• Each lot contains a 160-foot diameter building circle within the proposed parcel
boundaries thereby indicating that the parcel contains a viable building site;
• Each lot contains an area of at least one net acre within a 350-foot diameter circle that
encompasses each parcel;
• Each lot meets the minimum slope density requirement based on the proposed average.
slope of the lots (Parcel 1 requires 1.067 net acres; Parcel requires 1.398 net acres)
Additional background and site development information is available in the October 1, 2015
Planning Commission staff report(see Attachment 4).
DISCUSSION
General Plan Consistency
The Town's General Plan includes policies related to land use development and the preservation
of the Town's semi-rural character and natural resources.
Policy 1.1 of the General Plan Land Use Element states the following:
"Uses of land shall be consistent with the semi-rural atmosphere of the community,
minimize disturbance to natural terrain, minimize removal of natural vegetation, and
create the maximum compatibility of development with the natural environment through
site design and landscaping".
In addition, Land Use Element Policy 2.5 states:
"Steep slopes, canyons, and ravines generally in excess of 30% slope, as well as natural
swales and drainage channels, and geologic hazard areas within areas designated for
residential development shall be left undisturbed and preserved in their natural condition
to the maximum extent feasible. "
Under the Conservation Element, Goal 2 states that the Town should protect native and
naturalized trees and plants through policies that include minimizing disturbance of natural
terrain and vegetation, preserving and protecting native plants and heritage trees and avoiding
development of environmentally sensitive areas.
Additionally, the Open Space and Recreation Element contains policies that encourage the
preservation of open space on parcels within Open Space Conservation Areas, have slopes of
30% or more, contain heritage trees, or contain sensitive habitat areas
Based on the current lot configuration, Parcel 1 has a development area that is relatively flat, is
outside of the fault trace, and can accommodate a new residence with minimal grading and tree
Tentative Map for Lands of Yiu
March 10, 2016
Page 4 of 13
removal (would replace an existing residence). Parcel 2 also has a large flat area with minimal
vegetation. However, this area is located within a fault zone and cannot accommodate any
habitable living space. In order to compensate for this, the applicant has proposed to locate the
driveway, parking, garage, and usable outdoor recreation areas (pool and patio) within the fault
zone. The residence will be located within a useable development area directly abutting the
northern edge of the fault zone and outside of all yard setbacks. This area consists of slopes
ranging from under 10% to over 40% and there are clusters of oaks, buckeyes, and bay trees on
the steeper portions of the site. The applicant has proposed an open space easement over the
drainage on the eastern portion of the site which will be added to an existing storm drain and
equestrian trail easement. Staff is presenting the revised map and easement to the Open Space
Committee at its March 10, 2016 meeting and will provide comments at the Planning
Commission meeting.
The location of the development area will impact several heritage oak trees and encompass some
steeper portions of the property. In order to protect the steeper slopes and the native vegetation,
the Planning Commission may want to consider expanding the open space/conservation
easement area to include areas that exceed 40% slope and include the heritage oaks along the
west side of the drainage (the applicant has proposed only a five foot easement from the
centerline of the drainage). Proposed easement language is included under Condition No. 6 in
Attachment 2.
Tree Removal
The subject property contains approximately 280 trees of varying sizes. The previous driveway
and house design on Parcel 2 proposed removing up to 37 trees, a large number of which are
heritage oaks (over 12 inch diameter trunk). Based on the concerns raised at the last meeting, the
applicant has redesigned the driveway by moving it slightly to the south and adding several turns
(see revised tree study under Attachment 5). This results in a significant reduction in the number
of trees being removed for the driveway and fire truck turnaround (from 19 trees down to six
trees).
The applicant's conceptual designs for a residence, garage and outdoor recreation area on each
parcel continue to show a large number of trees being removed to accommodate the future
development. As these designs are only conceptual, the approval of the tentative map does not
grant any site development approvals for new residences. However, at the previous hearing, the
Planning Commission did raise concerns regarding impacts to trees on a property after it is
subdivided. The Commission does not typically review new single family dwellings and the
number of trees removed may change if the property is sold and developed by a new owner.
Based on the dense forest canopy on these lots and the concerns raised by the public to preserve
screening and heritage trees as much as possible, the Commission may want to consider adding a
condition that requires Planning Commission review of all new development on the properties.
Construction Methods and Utilities
Based on the soils report and the topography of the site, the applicant has stated that any new
residence on the lots will be constructed with a pier and beam type foundation which generally
Tentative Map for Lands of Yiu
March 10, 2016
Page 5 of 13
minimizes disturbance to areas outside of the proposed building footprints. Utilities will be
placed underground within the driveway. This type of construction along with required fencing
and monitoring of impacted trees by an arborist should minimize impacts to the remaining trees.
Drainage swale
There is an existing drainage swale that collects water from the properties above Rhus Ridge
Road and transmits the water to a storm drain at the end of Bassett Lane. The drainage appears
to have been altered in the past with the channel diverted further to the east. Last year, the
Public Works Department asked the owner (and applicant) to improve the storm drain inlet based
on complaints received by the neighbors regarding overflowing water and erosion issues. Since
that time, the applicant has redirected the channel back into the former swale and constructed
improvements to the storm drain inlet on Bassett Lane to address those concerns.
The Commission asked the applicant to provide additional information on the volume of runoff
into the drainage swale and to delineate the location of the centerline of the swale. The revised
map has been amended to show the correct location of drainage down the middle of the swale.
According the calculations provided by the applicant's engineer (the revised Hydrology Study
reviewed by Town staff is included as Attachment 6), the volume of runoff in the drainage basin
from a 100-year storm can be accommodated within the existing swale and the applicant has
proposed a five foot open space easement from the centerline of the swale to maintain adequate
flow during storm events. The conceptual residence design includes a cantilevered portion of the
building over the easement. The Town does not allow these types of encroachments into open
space easements. The Planning Commission should discuss this issue and specify in the
conditions of approval whether or not to allow a cantilevered structure to extend into the
easement.
As for clarification on whether or not the drainage is defined as a creek, Town staff has reviewed
the U.S. Geological Survey maps, Town drainage maps and county watershed maps. The maps
do not name or define the drainage nor show a blue line to delineate a creek. In addition, the
drainage swale maintains no riparian habitat, contains water only during storm events, and has
minimal volume based on the small drainage basin. Based on these criteria, the drainage swale is
not considered a creek. However, it should be noted that the Town's General Plan policies
specifically reference natural swales and drainage channels when considering the protection of
natural resources. This drainage swale clearly meets that definition, therefore, the Commission
can choose to enlarge the open space easement over the swale to a width that it deems
appropriate.
CONCLUSIONS
The applicant has modified the map to show the correct location of the drainage and included a
five foot easement, provided hydrology information on 100-year storm flow volumes, and
significantly reduced the number of trees being removed for the driveway location. The property
has substantial site constraints due to the location of a fault trace, a drainage swale and areas with
slopes over 30% that limit the amount of buildable area. However, the parcels will provide
adequate developable areas to accommodate residential development and the incorporation of
Tentative Map for Lands of Yiu
March 10, 2016
Page 6of13
easements over the drainage swale and steeper slopes will minimize visual impacts to
surrounding properties.
As documented in the recommended findings of approval, the proposed subdivision is in
compliance with the General Plan and Subdivision Ordinance, and would allow development to
occur that generally meets the provisions of the Zoning and Site Development Ordinances. The
Tentative Parcel Map is also consistent with the State Subdivision Map Act.
ATTACHMENTS
1. Recommended Findings for Subdivision Approval
2. Recommended Conditions of Approval
3. Excerpt from the October 1, 2015 Planning Commission Meeting Minutes
4. October 1, 2015 Planning Commission Report
• 5. Tree Survey
6. Hydrology Study dated Revised February 11, 2016
7. Tentative Map plan set (Commission only)