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Home My WebLink About3.2 ITEM #3.2 TOWN OF LOS ALTOS HILLS November 3, 2016 Staff Report to the Planning Commission SUBJECT: CONDITIONAL DEVELOPMENT AND SITE DEVELOPMENT PERMITS FOR AN ADDITION TO AN EXISTING GARAGE WITH A REDUCTION OF FLOOR AREA FOR THE MAIN RESIDENCE, A VARIANCE TO ALLOW REQUIRED PARKING TO ENCROACH INTO THE SIDE YARD SETBACK, AND REMOVAL OF ONE HERITAGE OAK TREE; LANDS OF AGRAWAL, 24863 OLIVE TREE LANE; FILE 169-16-ZP-SD-CDP-VAR. FROM: Genevieve Fernandez,Assistant Planner APPROVED: Suzanne Avila,AICP, Planning Director SA RECOMMENDATION: That the.Planning Commission: Conduct a hearing on the proposed project, consider all evidence and testimony, and take one of the following actions: 1. Approve the Conditional Development Permit, Site Development Permit and Variance subject to the findings included in Attachments 1 and 2 and the recommended conditions of approval in Attachment 3; or 2. Continue the matter to allow design modifications to bring the project in conformance with required side yard setbacks and eliminate the need for a variance. BACKGROUND The subject property is located near the top of the hill on the north side of Olive Tree Lane,just beyond Northcrest Lane. Although the property is over one acre in size, due to the steepness of the topography, the Lot Unit Factor is 0.102,resulting in the need for a Conditional Development Permit for any expansion or site modifications. The existing two-story residence was constructed in 1965 under Santa Clara County zoning regulations which required a minimum side yard setback of 20 feet for the primary dwelling and allowed parking and decks within setbacks (Town zoning regulations require 30 foot side yard setbacks). Olive Tree Lane was annexed in 2012 with the understanding that the properties in this area have steep slopes which result in constrained floor and development area maximums. The existing floor and development area exceed what would be allowed by Town Code, and existing hardscape elements encroach into the front and side yard setbacks. The existing development is a legal non-conforming situation that was accepted at the time the property was annexed. Planning Commission Report Lands of Agrawal November 3,2016 Page 2 of 13 CODE REQUIREMENTS As required by Section 10-1.1007(1) of the Zoning Ordinance, the application for a Conditional Development Permit has been forwarded to the Planning Commission for review and approval. A Conditional Development Permit is required when a proposed project is located on a property with a LUF of 0.50 or less. Pursuant to Section 10-1.1007 (3) of the Zoning Ordinance, in reviewing a Conditional Development Permit application the Planning Commission determines whether the proposed development meets the standards of the Town by considering evidence in support of the findings for approval (see Attachment 1). In addition,pursuant to Section 10-1.1007(2) of the Zoning Ordinance, the Planning Commission has the authority to grant setback variances provided required findings can be made (see Attachment 2). Pursuant to Section 10-2.301 of the Site Development Ordinance, a Site Development Permit is required for an expansion of floor area and modifications to hardscape. The following code sections are also applicable to the review of the project: • Section 10-1.502(c)—Calculation of maximum development area allowed and requirement for a Conditional Development Permit. • Section 10-1.503(c) — Calculation of maximum floor area allowed and requirement for a Conditional Development Permit. • Section 10-1.505(a) and (c) — Side and rear yard setback requirements for structures and hardscape. • Section 10-1.1003 —Variance Procedure Site Data: Gross Lot Area: 1.109 acres Net Lot Area: 1.109 acres Average Slope: 52.39% Lot Unit Factor: 0.102 Floor Area and Development Area: Area Maximum Proposed Existing Net Change Remaining (sq.ft.) (sq.ft.) (sgft.) (sq.ft.) (sq.ft.) Development 3,120 10,716 12,886 -2,170 -7,596 Floor 1,020 5,120 5,213 -93 -4,100 Planning Commission Report Lands of Agrawal November 3,2016 Page 3 of 13 DISCUSSION The applicant is requesting approval of Conditional Development and Site Development Permits to allow a 189 square foot expansion to the garage. The house will be reduced by 154 square feet on the first floor and 128 square feet on the second floor, resulting in a net reduction of 93 square feet. In addition,a Variance has been requested to allow a four-foot encroachment into the required 30-foot side setback along the east side of the uncovered parking area. The encroachment into the setback is approximately 50 square feet of development area. The existing development area on the property(12,886) exceeds the maximum allowable (MDA) by 9,766 square feet. The project proposed a reduction in Development Area of 2,170 square feet. The reduction of floor and development area will reduce the existing nonconformity of the property. The proposed addition complies with the maximum 31 foot height limit allowed pursuant to Section 10-1.504 based on the existing setbacks (56 feet front and 42 feet sides and rear). The applicant is requesting to remove one heritage oak tree located just north of the surface parking area(see information for tree#1 in the arborist report, Attachment 7). Site Design and Architecture The project proposal consists of expanding the existing two-car attached garage and enclosing the circular courtyard located in the center of the second story and modify various exterior walls resulting in a net reduction of floor area(see page A0.2 of Attachment 8). As part of the project, the applicant has proposed to remove the nonconforming hardscape that is encroaching into the front and side setbacks by reducing the driveway to the required width of 14 feet and the backup space to the required minimum of 26 feet. In addition, three patios, a wood deck, and a large amount of gravel will be removed from the setbacks. In order to accommodate a fourth parking space, as required by Town Code Section 10-1.601, the applicant is proposing to convert and expand a portion of the existing gravel pad within the required setback to pavers. The exterior of the structure will be remodeled to incorporate new materials resulting in a mixture of wood siding, cement plaster,concrete and metal cladding(see page A3.2 of Attachment 8). The roof is being modified from a sloped roofed to a flat membrane roof(see pages A3.1 and A3.2 of Attachment 8). Variance The existing house and property improvements were constructed prior to the property being annexed, and there are a number of nonconforming elements including existing floor area, development area, and development within required setbacks. The property has very steep slopes and an unusual lot configuration. The lot is triangular in shape and narrows where it connects to Olive Tree Lane which further limits the building envelope. The lot shape and existing Planning Commission Report Lands of Agrawal November 3,2016 Page 4 of 13 development support the granting of the requested variance. Although the parking area could be angled to reduce or eliminate the setback encroachment, the backup area would be less efficient, it would be difficult to provide four parking spaces with unobstructed access, and the proposed parking configuration would not function as well with the existing house and development. Many properties in the neighborhood have setbacks encroachments as the area was developed under Santa Clara County zoning regulations. The parking area is a flat surface and would not impact neighboring properties. Staff has prepared draft variance findings for the Commission's consideration(see Attachment 2). The applicant's findings in support of the variance are included in Attachment 6. Drainage The Engineering Department has reviewed the plans and determined that the proposed drainage design complies with Town requirements per Section 10-2.503 of the Municipal Code (Drainage Facilities Standards). The Engineering Department will review and approve the final drainage plan prior to acceptance of plans for building plan check. 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. Grading Cut and fill depths are in compliance with the Town's Grading Policy. Proposed grading incudes 65 cubic yards of cut and 130 cubic yards of fill,with an import of 75 cubic yards. Sanitation The property has an existing septic system and has received clearance from Santa Clara County Depaitinent of Environmental Health for the proposed project. Fire Department Review The Santa Clara County Fire Department has reviewed the plans and approved the plans as proposed. COMMITTEE REVIEW The Environmental Design and Protection Committee expressed concern over the removal of three Oak trees and recommended that the trees be preserved. The project was revised to reduce the removals to one multi-trunk Oak tree. The Committee also commented that they had no major concern about the small encroachment into the setback(see Attachment 4). PUBLIC COMMENTS As of the writing of the staff report, staff has not received any comments on the project. Planning Commission Report Lands of Agrawal November 3,2016 Page 5 of 13 ENVIRONMENTAL CLEARANCE (CEQA) The proposed single family residence is categorically exempt from the provisions of the California Environmental Quality Act per Section 15301(e) — minor addition to an existing single family residence. ATTACHMENTS 1. Recommended Conditional Development Permit findings (two pages) 2. Recommended Variance findings (two pages) 3. Recommended conditions of approval (four pages) 4. Environmental Design and Protection Committee comments (one page), received June 13, 2016 5. Worksheet#2 (one page) 6. Applicant's variance findings (two pages) 7. Arborist Report(eight pages),received May 20, 2016 8. Development Plans—Planning Commission only Planning Commission Report Lands of Agrawal November 3,2016 Page 6 of 13 ATTACHMENT 1 RECOMMENDED FINDINGS FOR APPROVAL FOR A CONDITIONAL DEVELOPMENT PERMIT FOR AN ADDITION/REMODEL OF AN EXISTING RESIDENCE LANDS OF AGRAWAL - 24863 OLIVE TREE LANE FILE#169-16-ZP-SD-CDP-VAR 1. The site for the proposed development is adequate in size, shape and topography to accommodate the proposed intensity of development, including all structures, yards, open spaces,parking, landscaping, walls and fences, and such other features as may be required by this chapter. The subject property is over one acre in size and includes a flat developed area which can accommodate the proposed project with minimal grading. The applicant has requested a variance to allow one corner of the surface parking to encroach into the side yard setback by four feet. This variance has been approved by the Planning Commission based on findings that the property has very steep topography with an average slope of over 50%, and the proposed project reduce the amount of nonconforming development within the setbacks. 2. The size and design of the proposed structures create a proper balance, unity and harmonious appearance in relation to the size, shape and topography of the site and in relation to the surrounding neighborhood. The Olive Tree Lane neighborhood is a mix of one and two-story residences on conforming and substandard lots that were developed under Santa Clara County regulations. Properties in the surrounding area contain nonconforming structures and the Town recently approved a variance for an addition with a minor encroachment into the side setback. The proposed hardscape improvements will reduce the existing development area, and meets all other development standards with the exception of the minor encroachment of the surface parking into the side yard setback. Furthermore,the scale of the project is in keeping with the scale of development in the neighborhood. 3. The rural character of the site has been preserved as much as feasible by minimizing vegetation and tree removal, excessive and unsightly grading and alteration of natural land forms. The impact to existing landscaping and grading volumes will be minimal based on the existing flat topography where the addition will be located. A landscape screening plan will ensure that existing trees and shrubs will be supplemented by new landscaping as needed to adequately screen the residence, reduce the visual impact, and preserve the rural character of the site. Planning Commission Report Lands of Agrawal November 3,2016 Page 7 of 13 4. The proposed development is in compliance with all regulations and policies set forth in the Site Development ordinance. The proposed residence is in compliance with all regulations and policies set forth in the Site Development Ordinance including compliance with grading, drainage and erosion control, building siting, view protection, landscaping and outdoor lighting, with the exception of the minor encroachment for surface parking within the side yard setback. Planning Commission Report Lands of Agrawal November 3,2016 Page 8 of 13 ATTACHMENT 2 RECOMMENDED FINDINGS FOR APPROVAL OF A VARIANCE FOR A SETBACK ENCROACHMENT FOR REQUIRED PARKING LANDS OF AGRAWAL- 24863 OLIVE TREE LANE FILE#169-16-ZP-SD-CDP-VAR I. That, because of exceptional or 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 existing residence is located on a lot that has an average slope exceeding 50% and contains a limited area for development due to the unusual lot configuration and steep topography. The property was developed in the County which has lesser setback requirements than the Town,resulting in existing development being located within setbacks. The applicant will be reducing the amount of development within setbacks by 2,170 square feet, and reducing the floor area by 93 square feet. The imposition of the same setbacks and zoning standards that apply to a flat one acre lot with a more conventional lot configuration deprives the property owner of certain privileges, including a reduction in the property's buildable area and limitations on the siting of the proposed addition and parking areas. 2. That upon the granting of the variance, the intent and purpose of the applicable sections of this title will still be served and the recipient of the variance will not be granted special privileges not enjoyed by other surrounding property owners; The applicant is providing the minimum number of required parking spaces and a setback variance is supported by the limited area available for development on the property, the lot configuration and the applicant working with the existing development. The proposed project will bring the parking into conformance with the Town Code and remove some of the nonconforming development that is located within setbacks. The approval of the variance will not adversely impact any surrounding properties. 3. That 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 proposed project will not be detrimental to public welfare or surrounding properties as the overall floor and development area will be reduced, existing access to the public road is being maintained, and the minor encroachment of the surface parking area can be screened by landscaping and will not be highly visible to neighbors. The surrounding area was originally developed under Santa Clara County zoning regulations and there are structures throughout the neighborhood with lesser setbacks than those required by the Town. Planning Commission Report Lands of Agrawal November 3,2016 Page 9 of 13 4. That the variance will not authorize a use or activity which is not otherwise expressly authorized by the zoning district regulations governing the parcel or property. The variance request is not for a use or activity that is not permitted in the zoning district. The project involves an addition and remodel of a single family residence, which is a permitted use in the zone district. Planning Commission Report Lands of Agrawal November 3,2016 Page 10 of 13 ATTACHMENT 3 RECOMMENDED CONDITIONS FOR CONDITIONAL DEVELOPMENT AND SITE DEVELOPMENT PERMITS FOR AN ADDITION/REMODEL OF AN EXISTING RESIDENCE LANDS OF AGRAWAL; 24863 OLIVE TREE LANE FILE#169-16-ZP-SD-CDP-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. All hardscape and floor area proposed to be removed as shown on the site plan shall be removed prior to final inspection. 3. After completion of rough framing or at least six (6) months prior to scheduling a final inspection, the applicant shall submit landscape screening and erosion control plans for review at a Site Development hearing. Replacement trees for the heritage oak being removed shall be included. The application shall be accompanied by the applicable fee and deposit. The plans shall be reviewed at a noticed public hearing. Attention shall be given to plantings which will be adequate to break up the view of the new additions from surrounding properties and streets. All landscaping required for screening purposes and for erosion control (as determined by the City Engineer) must be installed prior to final inspection of the new residence. The landscape screening plan shall comply with Section 10-2.809(water efficient landscaping) of the Los Altos Hills Municipal Code. 4. A landscape maintenance deposit in the amount of $5,000 shall be posted prior to final inspection.An inspection of the landscape to ensure adequate establishment and maintenance shall be made two years after the installation. The deposit will be released at that time if the plantings remain viable. 5. Prior to beginning any grading operation, all significant trees,particularly the heritage oak trees, are to be fenced at the drip line. The fencing shall be of a material and structure(chain- link) to clearly delineate the drip line. Town staff must inspect the fencing and the trees to be fenced prior to commencement of grading. The property owner shall call for said inspection at least three days in advance of the inspection. The fencing must remain throughout the course of construction. No storage of equipment, vehicles or debris shall be allowed within the drip lines of these trees. Existing perimeter plantings shall be fenced and retained throughout the entire construction period. Planning Commission Report Lands of Agrawal November 3,2016 Page 11 of 13 6. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor shall certify in writing and state that "the location of the new additions and roof eaves matches the setbacks as shown on the Site Development plan". The elevation of the additions shall be similarly certified in writing to state that"the elevation of the new additions matches the elevation and location shown on the Site Development plan." The applicant shall submit the stamped and signed letter(s) to the Planning Department prior to requesting a final inspection. 7. The proposed six foot tall gate shall be at least 50 percent open and shall be located no closer than 45 feet from the center of the Olive Tree Lane road right-of-way. Any additional fencing, gates or columns shall require review and approval by the Planning Depai talent prior to installation. 8. Exterior lighting is approved as shown on sheet A1.2 of the plans. Light fixtures shall have frosted or opaque glass or be downlights. No lighting maybe placed within setbacks except two entry or driveway lights. Any additional outdoor lighting shall be approved by the Planning Department prior to installation. 9. Exterior finish colors of all buildings shall have a light reflectivity value of 50 or less and roof materials shall have a light reflectivity value of 40 or less,per manufacturer specifications. All color samples shall be submitted to the Planning Department for approval prior to acceptance of plans for building plan check. All applicable structures shall be painted in conformance with the approved color(s)prior to final inspection. ENGINEERING DEPARTMENT: 10. As recommended by Cotton, Shires &Associates, Inc., in their report dated March 1, 2016 the applicant shall comply with the following: a. The applicant's geotechnical consultant shall review and approve all geotechnical aspects of the final construction plans (i.e., site preparation and grading, location and design of site drainage energy dissipaters design parameters for foundations and retaining walls)to ensure that their recommendations have been properly incorporated. The Consultant should verify that final construction plans satisfactorily address recommendations regarding retaining wall freeboard and adjoining concrete swale. The results of the plan review shall be summarized by the geotechnical consultant in a letter and submitted to the Town Engineer for review and approval prior to submittal of plans for building plan check Planning Commission Report Lands of Agrawal November 3,2016 Page 12 of 13 b. The geotechnical consultant shall inspect, test as needed, and approve all geotechnical aspects of the project construction. The inspections should include,but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls prior to the placement of steel and concrete. The Consultant shall inspect final site drainage improvements for conformance with geotechnical recommendations. The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the Town Engineer for review prior to final inspection. For further details on the above geotechnical requirements, please refer to the letter from Cotton, Shires &Associates, Inc., dated March 1, 2016. 11. Peak discharge at 24863 Olive Tree Lane, as a result of Site Development Permit 169-16, 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. Provide the data and peak discharge hydrologic model(s) utilized, as well as, the calculations of the peak discharge value prior and post development. Determine the design peak runoff rate for a 10-year return period storm and provide detention storage design plans to reduce the predicted peak discharge to the pre- development value. All documentation,calculations,and detention storage design(two plan copies) shall be submitted for review and approval to the satisfaction of the City Engineer two weeks prior to acceptance of plans for building plan check. 12. The Engineer of Record shall observe the installation of the drainage system, construction of the energy dissipators, and completion of the grading activities and state that items have been installed and constructed per the approved plans. A stamped and signed letter shall be prepared and submitted to the Town prior to final inspection. 13. Any, and all, changes to the approved grading and drainage plan shall be submitted as revisions from the project engineer and shall first be approved by the Town Engineering Department. No grading shall take place during the grading moratorium (October 15 to April 15) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line except to allow for the construction of the driveway access. 14. Two copies of an Erosion and Sediment Control plan shall be submitted for review and approval by the Engineering Department two weeks 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. The first 100 feet of the driveway shall be rocked during construction and all cut and fill slopes shall be protected from erosion. Planning Commission Report Lands of Agrawal November 3,2016 Page 13 of 13 15. 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. 16. 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 two weeks prior to acceptance of plans for building plan check The grading/construction operation plan shall address truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic safety on Olive Tree Lane and surrounding roadways, 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 GreenWaste Recovery, Inc. for the debris box, since they have a franchise with the Town and no other hauler is allowed within the Town limits. 17. 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 CONDITIONS 9, 10a, 11, 14, 16 and 17 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 after the appeal period 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 final 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 is valid for one year from the approval date(until November 3, 2017) 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. Attachment 4 ENVIROMENTAL DESIGN and PROTECTION COMMITTEE Application For: Rotd,rk9J/2e-Mcneki Qk Applicant Name: 1,1 cEiVED yla utak JUN a Address 24 3 Q) p1yp TOWN OF LOSAif05 H1W Reviewed by -c� WA-el 1\1� rga-p/ Date: . 69/COM COMMENTS Site Impact Syu qj J - � civu.v — h Utimcir-- 4 Cm vi • Lighting R€moo Uai. crit _3 C.�a�� 1-y•P 4_6t) y41 or r�IL /L pie b.1;i( tte t Noise Creeks Drainage Easements • Existing Vegitation Mitigation wlw: Volunteer-LAH 4/6/15 RECEIVED - Attachment 5 'JUL 2 9 2016 TOWN OF LOS ALTOS HILLS TOWN OF LOS ALTOS HILLS PLANNING DEPARTMENT 26379 Fremont Road•Los Altos Hills,California 94022•(650)941-7222•FAX(650)941-3160 WORKSHEET #2 EXISTING AND PROPOSED DEVELOPMENT AREA AND FLOOR AREA • TURN IN WITH YOUR APPLICATION • PROPERTY OWNER'S NAME PROPERTY ADDRESS 24863 Olive Tree Lane CALCULATEDBY R. West - Lea & Braze Engineering DATE 05/20/16 *REVISED 07/27/16 1. DEVELOPMENT AREA Existing Proposed DA Credit Total A. House and Garage (from part 2.A) 5, 213* -93 5, 120* B. Decking 1, 300 +465 1, 765 C. Driveway and Parking 3, 409 -1, 176 2, 233 D. Patios and Walkways 2, 605 -1, 677 928 E. Tennis Court 0 0 0 F. Pool and Pool Decking 0 +273 273 G. Accessory Building (from part 2.B) 0 0 0 H. Solar Panels (ground mounted) 0 0 0 I. Any Other Coverage 359 +3 8 397 (Courtyard/Other) Total 12, 886 -2, 170 10, 716 Roof Mounted Solar Bonus (LAHMC Section 10-1.502) yes No_ SF Maximum Development Area-MDA (from worksheet#1) 3, 120 Maximum Development Area w/Solar Credit 2. FLOOR AREA* Existing Proposed Total A. HOUSE AND GARAGE a. First Floor 1, 361 -154 1, 207 b. Second Floor 3, 277 -128 3, 149 c. Attic d. Basement e. Garage 575 +189 764 f. Area over 17' B. ACCESSORY BUILDINGS a. First Floor b. Second Floor c. Attic d. Basement Total 5, 213 -93 5, 120 Maximum Floor Area-MFA(from worksheet#1) 1, 020 *FLOOR AREAS SUPPLIED BY ARCHITECT TOWN USE ONLY CHECKED BY DATE Attachment 6 FINDINGS FOR APPROVAL OF A VARIANCE TO ALLOW AN OFFSTREET PARKING AREA TO ENCROACH WITHIN THE SIDE YARD SETBACK. VARIANCE TO ALLOW GRADING WITHIN 10' OF THE PROPERTY LINE TO RESTORE GRADE TO NATURAL SLOPE 24863 OLIVE TREE LANE,LOS ALTOS HILLS 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; a. This site is unique with regard to location topography, and the inherent building location.The lot is encumbered by its steep topography,its shape and existing building placement. The existing garage is unsuitable for parking two cars and the proposed extension addresses that issue. The remaining two surfaced off-street parking spaces are located in the only possible location that provides for unobstructed vehicular access for all the four cars. This involves no regrading. The fourth space encroaches into the 30' side yard setback by an average of 2'-5"(1'-2"to 3'-10") measuring 49.50 sf of area. Alternatively, the parking spaces 3 & 4 are to be angled along the setback line, the space between the building corner and the setback line is only 19'-2". The minimum width for each parking space per code is 10'-0". Also,in this new position,the parking spaces have to be pushed further north to avoid overlapping with the garage doors. This necessitates expansion of the existing pad and would require a fill that exceeds 3'-0"in certain areas. Compared to the above alternative, we feel the minor encroachment in to the side setback is preferable. We have retained the parking spaces in the same location as shown in the earlier submittal b. The proposed re-grading aims to restore the land to its natural slope and eliminate a steep fill and existing retaining wall. It improves the relationship of the grade at the property line. It does not add any development area. 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 intent of the setback requirements is to provide an undeveloped space between neighbors for noise,privacy and aesthetic purposes. This parking space is not covered and will have minimal impact on the neighboring property on account of the dense existing vegetation. It simply proposes the most reasonable way to accommodate the Town's requirement for four off-street parking spaces in the context of a remodel. 3. The granting of such variance will not be materially detrimental to the public welfare of injurious to the property, improvements or uses within the immediate vicinity and within the same zoning district. The granting of these variances would not pose a foreseeable threat to the public welfare or injurious to properties within the same zoning district. 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. The parking spaces are mandatory and are located right at the driveway that accesses the property. This involves no change of use or unauthorized activity. _ --. Attachment 7 -- a urbantreernoriagement inc. Ow 1111 - RECEIVED MAY 20 2 016 Tree Survey of TOWN OF LOS ALTOS HILLS 24863 Olive Tree Lane . Los Altos Hills CA 94024 - 44t,1 .4,. 4. .`1......',• -",-4' i.-. ''..4 -°'*="7"'.,- ' r,','''CY-'...:.-' '.-- ,'-` -,...,— 1..."-:VAi•r•• .°4'•'°°' '''rkc.`'' .:' ':,,,,' *-54,\''•''.i*Iii- ° C ',4 :'„ ', 01.:T;-,..,,:.--,..::4-N,:;ce,4 ''..s 4, ......! "tst r.,,, ,, ., ... ,, - ,.i.'; 41., :. ,., ...„2:„,....,, - - %,-,,,, , t.6. 0.1s- Y , 1,,,,%,...„. _ ; ''.7: ^.5!F''..7: ''..?;;;I' ",z,44"V::41*.'1. 441CIZ''''"01.'t::: ' ' ...:4 ,: :° . .,1;14:1*.—%..7..4F°'::7,t'l'-.44, .1.%.:* tir-'''.-4' .%.* .,,„,,,....wk-, 10 ..,,,110-04„,'.., .''.:' '-'' r4° , 4' ° )1A16‘.' '''''''''''4." ' ° '' ''.4'414'..." 1 A'4°,°°:,,, ° :.° ,,.' - oti404., - Yo,.....-,40: ' "„. '''' . . , ,,, ,..,.'," ..*".*'.t.,°-",'...:'•,.,'.. "tR.''r.w.,-, , .. ..... . . z . . .. . . . ,.. ..,.. . . ,..,.,, ... ....:, . ,...7.., - . . . . .., 1,....,„ . .:.„ ;,...,.. ......„ . .. . . 1.4. . • ' . ........ , , '-zirr."" ,• '4'. ‘''' Prepared by Michael P Young Certified Arborist WC ISA#623 February 22, 2016 1 t650+3.21+0202 I F408+399+8063 I po bOX 971 los gatos ca'95031 I urbantreemanogemenl.com contractors licence#755989 1 certfied arborist WC ISA#623 I certified tree risk assessor#1399 Agrawal Residence 24863 Olive Tree Lane , A , Los Altos Hills,CA 94024 Assignment It was our assignment to physically examine heritage and other trees in the buildable area based'onza site plan provided,by the client Summary This survey provides a numbered map and complete and detailed information for each tree surveyed. There are 1.4 treesincluded in thisreport. One tree is a large deodar cedar and thirteen are oaks protected under Town of Los Altos' Hills tree ordinances. Of the 13 protected oaks, one tree (#3)is located on a neighboring property. The health of treessurveyed was rated from Fair/Good to Good and their structure was rated from Fair/Poor to Fair. No trees are recommended for removal due to health and structure issues. Contents All the trees surveyed were examined and then rated based on their individual health and structure according to the table below. For example, a tree may be rated "good" under the health column for excellent/vigorous appearance and growth, while the same tree may be rated "fair/poor" in the structure column if structural mitigation is needed. More complete descriptions of how health and structure are rated can be found underthe "Method? section of this report. The complete list of trees and all relevant information, including their health and structure ratings,their"protected/significant" status, a map and recommendations for their care can be found in the data table that accompanies this report, Rating Health Structure Good excellent/vigorous flawless Fair/good healthy very stable routine maintenance needed such as pruning or end weight reduction as tree grows, minor structural Fair fair corrections needed significant structural weakness(es), mitigation needed, mitigation may Fair/poor declining, or may not preserve the tree Poor dead or near dead hazard 2 Methods The trunks of the trees are measured using an arborist's diameter tape at 48" above soil grade. The canopy height and spread are estimated:using visual referencesonly. In cases of a very large tree,a standard measuring tape may be used. The condition of each tree is assessed by visual observation only from a standing position without climbing or using aerial equipment. No invasive equipment is used. Consequently, it is possible that individual tree(s) may have internal(or underground) health problems or structural defects,which are not detectable by visual inspection. In cases where it is thought further investigation is warranted, a "full hazard assessment" is recommended. This assessment would consist of drilling or using sonar equipment to detect internal decay and may include climbing or the use of aerial,equipment. Tree Health The health of an individual tree is rated based on leaf color and size,canopy density, new shoot growth and the absence or presence of pests..: disease. disease. Tree Structure Individual tree structure is rated based on the growth pattern of the tree (including whether it is leaning),the presence dr absence of poor limb attachments(such as co-dominant leaders), the length.and'Weight of Oaths and the extent and location of apparent decay. Very large trees that are rated Fair/Poor for structure ANO, that are near structures or in an area frequently traveled by cars or people,receive an additional "Consider Removal*" notation under recommendations. This is included because structural mitigation techniques do not guarantee against structural failure,especially in very large trees. Property owners may or may not choose to remove this type of tree but should be aware that if avery large tree experiences a major structural failure,the danger to,nearby people or property is significant Survey Area Observations and Recommendations Observations The property is in a residential area with residences located on either side. The lot consists of a flattened buildable area and a larger area sloping_Steeply below the home. Overall Tree.Health The oaks here are in Fair or Fair/Good health,with no disease or pest problems noted. 3 Overall Tree Structure Proper and routine pruning is essential in maintaining trees that are structurally safe. This includes early structural pruning to reduce the number of poorly attached leaders before they become very largeit appears that the large oaks on site were not pruned for structure when young and have not been routinely pruned over the intervening time period. This has resulted in very large trees with multiple, poorly attached limbs that May be prone to failure. End weight reduction is recommended to reduce overall weight at these jUnctions. Selective cabling is recommended to reduce forces at leader junctions during wind events. The largest oaks have received a "Consider Removal""*"notation on the accompanying data Sheet Reasons for this notation are described in the"Tree Structure"section earlier in this report. Trees 11 and'12 are located on,a high,structurally retained hill above the home; it appears that the retaining walls were replaced.at some point and root loss may have occurred.during this wall replacement. Because root loss could'potentially affect structural stability of trees, it is recommended that the position of the trees be monitored,especially during rain and wind events. Local Regulations Governing Trees TheTown of Los Altos.Hill :has,designated certain trees to be'protected trees,' defined in Section 5-8.02 as: (1) Heritage tree means any tree that,due to Age, size,location,visibility, historic nature,or other unique attribute, has been deemed by the TOWn to be a.heritage tree and accordingly deserves special consideration for preservation and protection. (2) Heritage oak means any tree of the genus Quercus, including, but not limited to, Valley Oak(Quercus lobate), California Live Oak(Quercus kelloggii)and Black Oak(Quercus agrifola), Blue Oak (Quercus douglasii)that has a trunk,or multiple trunk thirty-six(36)inches in circumference (approximately twelve (12) inches) in diameter) at a point four(4)feet above the root crown. Under these regulations, 13 of the surveYed trees (all coast live,oaks) are protected. Risks to Trees by Construction Besides the above-mentioned health and structure-related issues,the trees atthis site could be at risk of damage by construction or construction procedures that are common to most construction sites. These procedures may include the dumping or the stockpiling of materials over root systems;the trenching across the root zones for utilities or for landscape irrigation;,or the routing of construction traffic across the root system resulting in soil compaction and root dieback. It is therefore essential that Tree Protection Fencing be used as per the'Architect's 4 drawings. In constructing underground'utilities,it is essential that:the`location of trenches be done outside the drip lines. f'treeS except where approved by the Arborist. General Tree Protection Plan Protective fencing is required to be provided during the construction period to protect trees to be preserved.This fencing must protect a sufficient portion of the root zone to•be effective. In most cases, it would be essential to locate the fencing a minimum radius distance of 6 times the trunk diameter in all directions.from the trunk. There•are areas where we will amend this distancebased upon proposed construction. In my experience,the protective fencing must: a. Consist of chain-link fencing and having a minimum height of 6 feet. b. Be mounted on steel posts driven approxirriately 2 feet into the soil. c. Fencing posts must be located a maximum of 10 feet on center. d. Protective fencing must be installed prior to the arrival of materials,vehicles,or equipment. e. Protective fencing must not be moved, even temporarily, and must remain in place until all construction is completed, unless approved be a certified arborist. f: Tree Protection Signage shall be mounted to all individual tree protection fences. Based on the existing development and the condition and location of trees present on site,the following is recommended: 1. A Certified Arborist should superviseany excavation,activities within the tree protection zone of these trees. 2. Any,roots exposed during construction activities that are larger than 2 inches in diameter should not be cut or damaged until the.project Arborist has an opportunity to assess the impact that removing these roots could have on the trees. 3. The area under the drip line of trees should be thoroughly irrigated to a soil depth of 18"every 3-4 weeks during the dry months. 4. Mulch should'cover all bare soils:within the tree protection fencing. This-material must be 6-8 inches in depth after spreading,which must be done by hand. Course wood chips are preferred because they are organic and'degrade naturally over time. 5. Loose soil and mulch must notbe`allovved to slide down slope to coverthe root.Zones-or the root collars of protected trees. 6. There must be no grading,trenching,or surface scraping inside the driplines of protected trees, unless specificallyapproved by a Certified Arborist. For trenching,this means: a. Trenches for any underground utilities (gas,electricity,water, phone,TV cable, etc.) must be located outside the driplines.of protected trees, unless approved by a Certified Arborist. Alternative methods of installation may be suggested. ) b. Landscape irrigation trenches must be located aminimu ()distance of 10 times the trunk diameter from the trunks of protected trees unless otherwise noted and approved by the Arborist. 1. MaterialSmust not be.stOred,stockpiled, dOmped,or buried inside the driplines of protected:trees. 8. Excavated soil must not be piled or dumped, even temporarily, inside the driplines of protected trees. 9. Landscape materials (cobbles,decorative bark, stones,fencing, etc.) must not be installed directly in contact withthe bark of trees because of the risk of Serious'disease infection. 10 Landscape irrigation systems must be designed to avoid water striking the trunks of trees, especially oak trees: 11. Any pruning,must be done by a Company with an Arborist Certified by the ISA (International.Society of Arboriculture) and actording,to ISA,Western Chapter Standards, 1998. 12,Any plants that are planted inside the.driplinesof oak trees must be of species that are compatible with the environmental and cultural requirements of oaks trees. A publication detailing plants compatible with California native oaks can be obtained from the California Oak Foundation's 1991 publication "Compatible Plants Under St Around Oaks" details plants compatible with California native oaks and is currently available online at: http://wWw.califomiaoaks.org/EktAssets/CornpatibieMntsUnder&AroundOak .pdf. ********** I certify that the information contained in this'report is.correct to the best of my knowledge and that this report was,prepared in good faith. Please call me if you have questions or if I can be of further assistance. Respectfully, /7 ioof Michael P.Young&Allie Strand ( urbantreematiagement.inc:. - • ASSUMPTIONS AND LIMITIN6CONDITIONS. 1. .Anylegatdesciiptionprovided toThisetbmisi is aiStiniedtalieeOrr.ebt„ NO"rdSi50SihiThy is assumed for matters legal in character nor is any opinion rendered as to the quality of any.title. This arborist canneiiherl„maranteemor be:responsible:for-accuracy of infOrittatiOn provided hyothers.: This arborist shall not be required to-give testimony or to attend-:COUrrbYtenSbn-Oftl* information provided arborist are made including payment fee:for,serVices-.. 4. Loss'.or removal of any part of this report the entire report. 1:.‘OssesSibni-of:thist-eportor.n-copy thereof does not.imply tigfit of publication or use for any purpose any other the:person(S):to whom it Wtitt0:n3. consesitorithis arboristl- This-report-and the values expressed hereinTepreSetirthe-Opinia,tjf tUis,nrhOriSt;:andthiS , , arborist's fee is inno,waytontingentnpOn the reporting of specified value nor upon any finding:to be reported. I. Sketches,diagrams,graphs,Photo's, reportbeing intended as visual aidS,,are: not necessarily scale and,should-nothe,bOnStrtiectaetigitteeririgrepOrtS4'surveys 8 This report has been made in COnforinitywitit.:nebeptahle,apprniSafteOluatiOnidlagnostic repinting.techniqiieshiicl.,f0d(iteS;.4i-i-.0,ohiiOhdO'div-to:l*otiigriop4f:$oeiCty,''Of Arboriculture:, 9., When applying any pesticide,fungicide,or herbicde,always foll9WlahetinstrOctions: 10. NO tree deSerihed-1UthiSfePott was climbed Ote$$::otet.00 stated This arborist cannot take nnydgfoq$'010:0013,14:00:iyiliayo:iyoo*coveted.by bliMbing. A It'll tOer:colloi*ectio„,:oti:§iottt of excavating the soil around the iree tgun(0etho!..reitit,Callne,,and Maier Liti140SS roots,WaSO4,performed,OrileS'...erherwise Stared, This:Arbikit ofiriot:t2*ita.ponibili,tyfot any root defects which could only have b disc erdbüch an ins cc ion. . . . ,. ARBORIST DISCLOSURE:STAI7.EMENT Arboiistsare.freespeciàlists who ose,theleedttPatioti,:k0.*le....trge;1TaitiiPg'014:::01d.t.i.c11:01040. examine-trees„recommend measuies to enhance the beauty'and",health,of treesand attempt to • reduce the riskof living near trees..•citot .tiloy-00b$.0.to-.4ccompf4i$Tegar,4-th-p reeornmeadaii0AS•O'file.arbOriSt.,.MAO Seek additiMial'adyiee. ArboriSts,-caOhat detect every condition .th4foP4p0.00Y1T000:tbo structural failure of a' tree. TreeS,nre;imrig,otaiiiktoolintfail..tiliWays:-'wedb(40.fitilytinderstand. Conditionsare often IiiddertWithin'treeS:od 1):00.*groundt Arbotia8'opppt guarantee thatairee will be healthy or safe under all circumstances,or for period of time: Likewise,remedial .treatitietitS, MiSritedieine,,earM4'()e'Varallteed. Titinent,pPuiiir retnvál:offrees rnay.I.iiivólve considerations beyond-the scope of the arbotiSfS Set-vibes suchas ptopotty:690400's,:mppprtyiownership4e lines,disputes between neighbors,and other iSsties. ArbOriSts::eaanot take sudi.-considerationsinto'account: unless complete and ncettrateltifortnatipp,in disclosed to the arborfst, An arborist should then be expected to reasonably rely upon the 00,rhiii0toss-0-4'.occiitcy.oftheinformatiort proVided. Trees can be ritanaged;httt:th-qy cannot be cp00)101 To.live'near.-trees is toaccept some degree of risk. The 94.1S7 way to eliminate all tisk:assOdated-with:trees is-to.elim iriate.all trees. t6: 0=0214.db .140,8+.399+:18P0po bo0.71 IO .gatos co 95033 tarb4ritiettriOnagetilefitcOri) •66iiii-octorili'kEiiIce::#755989 I eettii0a.cirb&risi ISA#o2 -- f -. aCENE1 t �iPY %0 2016 TREE SURVEY urban tree management,Inc. .1®\0oi.\3CJ AIDS‘1(bi.Q Client: Agrawal - Address: 24863 Olive Tree Lane,LAH Date: 2/22/2016 Ratings for health and structure are given KEY Health Structure separately for each tree according to the table to right.IE,a tree may be rated"Good"under the health column for excellent/vigorous appearance Good excellent/vigorous flawless and growth,while the same tree may be rated °Fair/Poor"in the structure column if structural Fair/Good healthy very stable mitigation is needed.Health is rated based on leaf healthy,but showing color and size,canopy density,new shoot growth routine maintenance needed such as pruning or end weight - - Initlal or temporary and presence of pests or disease. Fair disease,pests or lack reduction as tree grows,minor structural corrections needed of vitality Fair/Poor declining significant structural weakness(es),mitigation needed, mitigation may or may not preserve the tree Poor dead or near dead hazard PROS EQ xO Notes/Recommendations Tag no Latin Name DBH W/H Health Structure PROTECTED(%) REMOVAL(X) REMOVAL(X%) 40/35 Diameter at 3',multi-leader from ground,multi-leader above main leader,leaders growing along ground,Rec 2 props,1 cable,RCE,consider 1 Quercus agrlfolla 16,17,29 F FP X REMOVAL** 2 Quercus ogrifolio 21 22/3D F FP X Double leader at 5'above normal soil level,l'-3'of loose soil Is covering base and should be removed,Rec EWR,RCE 3 Quercus agrlfolla _12,13 20/35 F FP X :Neighbor's tree,Double leader at 1',1'-2'of loose sell is covering base and should be removed,Rec RCE 4 quercus agrlfollo 13 20/20 F FP X (Dead secondary leader,leaning significantly,1'-3'of loose soil Is covering base and should be removed,Rec EWR,RCE 5 Quercus or�rlfolia 19 30/35 F FP X Dead secodary leader,leaning significantly,l'-2'of loose soil is covering base and should be removed,Rec EWR,RCE [Triple leader,large hollows at base and at 8'of of second leader,hollow at base of third leader,retaining wall failing just above tree base,Rec 1 6 Quercus ngrifal/o 15,37 50/65 FG FP X (cable,1 prop,EWR,RCE,consider REMOVAL" 7 Quercus agrifallo 20 40/40 FG FP X Co-dominant leaders w/Included bark at 8',on steep slope,Rec 1 cable,rce 8 Quercus agrifallo 14 30/25 F FP X Leanng,on steep slope,rec EWR,rce 9 Quercus agnfolla 39 40/50 F FP X Slam at 3',5 leaders at 4',multiple leaders above,Rec EWR,1 cable,RCE,consider REMOVAL" 10 Quercus agrlfolla 22.5 25/35 FG FP X Multiple leaders,hollow from leader failure at 3',Rec EWR,RCE,consider REMOVAL"" I3 leaders from 4',base located 4-6'above 8'retaining wall above home,tree may have had root loss due to wall,Rec monitor tree position,esp 11 Quercus agrifallo 30 35/35 F FP X after rain or wind events,consider REMOVAL" Thin canopy,base Is located 3'from edge of 10'retaining wall above home,possible root loss due to wall,Rec monitor tree pasiton esp,after 12 Cedrus deodara 26 30/60 FP F rain and wind events,consider REMOVAL" Co-dominant leaders at 3',loose soil covering 1-2'of base and should be removed,diam estimated,Rec 1 cable,EWR,RCE,consider 13 Quercusagrifolla 16,16 35/40 F FP X REMOVAL" 14 Quercus agrifallo 25 40/40 F FP X Not tagged due to steep slope,double leader at 6',large dead limb,Rec EWR,RCE,consider REMOVAL" PROTECTED TOTAL 13 I REMOVAL TOTAL PROTECTED REMOVALS TOTAL 0 EWR-End Weight Reduction:pruning to remove weight from limb ends,thus reducing the potential far limb failure 1 RCE-Root Collar Excavation:excavating a small area around a tree that is currently burled by soil or refuse above buttress roots,usually done with a hand shovel. consider REMOVAL"-this Is a large tree with structural problems.Removal should be considered due to the potential for danger to passersby and property damage If st)uctures or driveways are nearby. The Town of Los Altos Hulls has designated certain trees to be"protected trees;defined In Section 5-8.02 as: (1) Heritage tree means any tree that,due to age,size,location,visibility,historic nature,or other unique attribute, ) has been deemed by the Town to be a heritage tree and accordingly deserves special consideration for preservation and protection. i (2) Heritage oak means any tree of the genus Quercus,Including,but not limited to,Valley Oak(quercus lobate), California Uve Oak(Quercus kelloggii)and Black Oak(Quercus agrifola),Blue Oak(Quercus douglasii)that has a trunk or multiple trunk thirty-six(36)Inches in circumference(approximately twelve(12)inches)in diameter)at a point four(4)feet above the root crown. Common Name Latin Name coast live oak Quercus agrlfolla Deodara cedar Cedrusdeodara I