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HomeMy WebLinkAbout4.1 a l F Town of Los Altos Hills August 3, 2006 Staff Report to the Planning Commission RE: CONSIDERATION OF A PROPOSED AMENDMENT TO THE ZONING CODE SECTION 10-1.508 (ESTATE HOMES ORDINANCE). FROM: Brian Froelich, Assistant Planner �� APPROVED BY: Debbie Pedro,Planning Director RECOMMENDATION That the Planning Commission: Review the staff report and attachments,consider any revisions, and direct staff to return with the Estate Homes Ordinance for Planning Commission review. BACKGROUND Over the past several months, the Ad Hoc Planning Committee has studied the issue of estate homes as directed by the City Council. The committee's recommendations were reviewed by the Planning Commission at the May 4, 2006 meeting. After discussion, the Commission requested that staff continue working with the Ad Hoc Planning Committee and return with revisions. DISCUSSION Staff has prepared the following summary and analysis of the provisions of the proposed Estate Homes Ordinance as presented at the May 4, 2006 Planning Commission meeting. Proposed: "Estate home" is defined as a primary dwelling with,floor area totaling 10,000 sq.ft. or more, not including a basement that is fully below grade. The Planning Commission discussed increasing the minimum size for defining an Estate home"to 12,000 square feet at the May 4, 2006 meeting. Proposed: Floor area over 10,000 sq.ft. is counted twice. There was general consensus that this is a key element of the proposed ordinance. If the Commission decides that 12,000 square feet is the appropriate minimum size for defining an "Estate home", then the double counting of floor area would apply to any floor area over the 12,000 square feet. Proposed.Additional setbacks are required in proportion to the size of the house. An additional 2 feet in setback are required for every 1,000 sq.ft. over 10,000 sq.ft. The Commission discussed this issue at length at the May 4, 2006 meeting. The proposed ordinance included a setback table (attachment 4) that prescribed an incremental increase to the required setbacks for each 1,000 square foot increment for homes over 10,000 Planning Commission August 3,2006 Page 2 of 3 square feet of floor area. An incremental setback based on floor area presents two problems in implementation: 1. Existing homes with proposed additions that will bring the floor area total over the "Estate home" minimum may not meet the new setback requirements. ■ Existing homes that were originally built legally may become non-conforming through future additions. The ordinance would subject these structures to Article 4 of the Zoning Code (Nonconforming Uses and Structures). Legal non-conforming structures are limited with regard to future additions, remodeling, and maintenance. 2. The proposed incremental setback formula is complicated and difficult to apply. Currently, the Zoning Code Section 10-1.505e empowers the Planning Commission and the City Council to require additional setbacks where site specific constraints dictate further limitations. Because all estate home applications would be reviewed by the Planning Commission,this setback provision could be applied case-by-case. Proposed: Estate homes do not qualify for the Fast Track process and must be reviewed by the Planning Commission. The Planning Commission did not discuss any changes to this requirement. Proposed: Similar to the existing process for Conditional Development Permits, the Planning Commission must make specific findings before approving an estate home. The Planning Commission did not discuss any changes to this requirement. CONCLUSION Staff requests that the Planning Commission provide clarification on the following topics: • Should the "Estate homes" definition be for homes 10,000 square feet and larger or 12,000 square feet and larger? • Should "Estate homes" be subject to greater setbacks restrictions than the existing standards in Section 10-1.504? CEQA Status: Categorical Exemption per Section 15308 - Actions of Regulatory Agencies for the Protection of the Environment. i Planning Commission August 3,2006 Page 3 of 3 ATTACHMENTS 1. May 4, 2006 Memorandum to the Planning Commission 2. May 4, 2006 Analysis of Proposed Ordinance Related to Estate Homes 3. May 4, 2006 Transmittal from the Ad Hoc Planning Committee 4. Setback Table ATTACHMENT I MEMORANDUM DATE: May 4, 2006 TO: Members of the Planning Commission FROM: Carl Cahill, Planning Director/Interim City Manager C.L- RE: Ad Hoe Planning Committee's recommendations regarding estate homes Over the past several months, the Ad Hoe Planning Committee has studied the issue of estate homes as directed by the City Council. The committee's recommendations are presented in the proposed ordinance and analysis included as Attachment A. The recommendations are explained in the committee's transmittal included as Attachment B. The proposed ordinance includes the following provisions: • "Estate home" is defined as a primary dwelling with floor area totaling 10,000 sq. ft. or more,not including a basement that is fully below grade. • Square footage over 10,000 sq. ft. is counted twice, similar to existing ordinance requirements that count areas twice if they have a ceiling height over 17 ft. • Additional setbacks are required in proportion to the size of the house. An additional 2 feet in setback are required for every 1,000 sq. ft. over 10,000 sq. ft. • Estate homes do not qualify for the Fast Track process and must be reviewed by the Planning Commission. • Similar to the existing process for Conditional Development Permits,the Planning Commission must make specific findings before approving an estate home. Please review the proposed ordinance and prepare to comment at the meeting. Planning Commission comments will be addressed by the Ad Hoe Planning Committee at their next meeting and the final proposed ordinance will be returned to the Planning Commission for a noticed hearing. Attachments: A. Analysis of proposed ordinance B. Transmittal from the Ad Hoe Planning Committee Memo prepared by Leslie Hopper, Project Planner Attachment Z ANALYSIS OF PROPOSED ORDINANCE RELATED TO ESTATE HOMES Attachment 2 ANALYSIS OF PROPOSED ESTATE HOMES ORDINANCE COMMENTS PROPOSED ORDINANCE Title 10: Zoning and Site Development Chapter 1: Zoning Section 10-1.508. Estate homes. The ordinance will create a new section of the municipal (a) Purpose. Single-family residential development on a grand scale typically code to address estate homes. includes a primary dwelling of substantial size as well as accessory structures such as a swimming pool, tennis court, secondary dwelling, pool The purpose is to minimize the impacts of estate homes cabana, barn, and stables. The following regulations have been and ensure that they are compatible with the open,rural established to address the potential impacts of estate homes and to ensure character of the Town. that they are developed in a manner that is compatible with the open, rural character of the Town. (b) Definitions. The following definitions are established for the purpose of this Article: Estate Home. A primary dwelling with floor area totaling 10,000 sq. ft. or "Estate home"is defined as 10,000 sq. ft. or more, not more, not including areas that meet the definition of"basement" set forth in including basements. Sec. 10-1.208. View. A scene from the main living area of a primary dwelling. Views The defulition of"view"is consistent with the definition include but are not limited to skylines, bridges, landmarks, distant cities, in the Town's view ordinance. distinctive geologic features, hillside terrains, wooded canyons, ridges, and bodies of water. Analysis of Estate Homes Ordinance May 4,2006 Page 1 Double counting the area over 10,000 sq. ft. is similar to the approach used for areas with ceilings 17' or more in (c) Floor Area Limitation. That portion of an estate home or accessory height. For example,a 12,000 sq. ft. house would be structure that exceeds 10,000 square feet, as calculated in accordance counted as 14,,000 sq. ft. (10,000 +2,000 x 2= 14,000) with the provisions of Sec. 10-1.223, shall be counted twice as floor area. However, that portion counted twice as floor area shall be counted only Calculation of the MFA will remain unchanged. once as development area. (d) Setbacks. Current setbacks are 30 ft. side&rear, 40 ft. front. (1) Additional setbacks. In addition to the minimum setbacks required under Sec. 10-1.505, the primary dwelling of an estate home or an Additional setbacks are required for estate homes in accessory structure over 10,000 square feet shall be set back proportion to their size. For example,the front setback another two feet for each 1,000 square feet of floor area in excess fora 14,000 sq. ft. house would be increased by 8 ft. of 10,000 square feet, up to a maximum addition of 20 feet. (2 ft. x 4)for a total of 48 ft. a. Exceptions. Exceptions to the additional setbacks required in subsection (d)(1) are as follows: b. For structures with a maximum height of 17 feet or less, the Exceptions may be granted where the structure, or a additional setbacks shall not be required. If a significant portion portion of the structure, is relatively low(17 feet or less of the structure closest to the setback line has a maximum in height). height of 17 feet or less, the additional setbacks may not be required. c. For structures on properties where the options for siting of Exceptions may be granted where the lot is constrained structures are substantially constrained by existing natural by natural features or dedicated easements. features of the lot (e.g., steep slopes over 30%, significant natural water courses, unusual lot configurations or size, mature oak trees, earthquake fault zones, or native vegetation) or by dedicated conservation, open space, or access easements, the additional setbacks may not be required. Exeptions may be granted by the Town Planner, who d. These exceptions may be granted by the Town Planner, may choose to refer the matter to the Planning provided that the Town Planner, in his or her discretion, may commission. have the Planning Commission make this determination. If the applicant disagrees with the Town Planner's decision, the applicant may request that the Planning Commission make this determination and the Planning Commission shall do so. Nothing in this section or any decision made under this section Analysis of Estate Homes Ordinance May 4,2006 Page 2 shall preclude a property owner from applying for a variance under Article 11. Height of the house may be increased one foot for every (e) Height. Primary dwellings shall be permitted a maximum structure height additional 4 feet in front setback and 3 feet in side & of up to 32 feet if the minimum setbacks as defined by Sec. 10-1.508(4) are rear setbacks,up to a maximum of 32 feet. increased in accordance with the provisions of Sec. 10-1.504(a). The maximum overall building height of 35 feet shall not be exceeded. Fast track process is not allowed. Planning Commission (f) Approval Process. Site development applications for estate homes shall be reviewed by the Planning Commission and shall not be fast-tracked review required. under Sec. 10-2.1305.1. (g) Findings Required. Prior to the granting of any Site Development Permit The Planning Commission must make findings. for an estate home, the Planning Commission must find: (1) The siting of the proposed development is compatible with the Findings#1 &#2 are based on the existing CDP .physical constraints and the natural features of the site and its findings and the proposed development standards for surrounding area in that all of the following objectives are achieved structures on ridgelines, hilltops and hillsides. to the greatest extent possible: a. Grading and site preparation are minimized. b. Natural land forms are preserved. c. Structures step with the hillsides. d. Slopes of roofs mirror slopes of the terrain. (2) The proposed development minimizes the removal of existing vegetation and trees. Finding#3 is new. (3) The proposed development maximizes the preservation of open space. Finding#4 is new. (4) The proposed development minimizes impacts on the scenic views of adjacent property owners or the public views of prominent scenic features. Finding#5 is new. (5) The proposed structures are designed to minimize mass and bulk. Analysis of Estate Homes Ordinance May 4,2006 Page 3 Findings#6 &#7 are consistent with the proposed (6) The colors and materials of walls, roofing, and other structural standards for structures on ridgelines, hilltops and components of the proposed development will blend with the hillsides. natural landscape. (7) Existing and new landscape screening will render the proposed development unobtrusive. This section is almost identical to an existing section Conditions. Every Site Development Permit granted for an estate home may be subject to conditions that are deemed necessary to protect the related to CDPs (Conditional Development Permits). public health, safety and general welfare and to secure the objectives set forth in the findings above. Such conditions may include, but are not limited to, reduction in Maximum Development Area allowed, reduction in Maximum Floor Area allowed, reduction in grading, installation of landscaping, and resiting of structures. Analysis of Estate Homes Ordinance May 4,2006 Page 4 Attachment 3 TRANSMITTAL LETTER FROM THE AD HOC PLANNING COMMITTEE Attachment TRANSMITTAL TO PLANNING COMMISSION From the Ad Hoc Planning Committee Proposed Ordinance Regarding Estate Homes May 4, 2006 Approach Although the idea of establishing a strict maximum house size is something that the Council may want to consider, some members of the Committee considered it to be a fundamental direction that should come from the wish of the voters. We agreed that size, in itself, did not necessarily damage to the environment or alter the rural nature of the Town. In addition, the Committee reached the following conclusions: • Imposing absolute limits might result in encouraging subdivisions. • Several small houses in lieu of one large house might cause more strain on the environment due to multiple driveways, garages, etc., and multiple layers of fences, restricting the movement of wildlife. We concluded that instead of a strict limit (as in Woodside or Portola Valley) we would recommend the following measures to ensure that large structures have a positive impact on the Town: • Estate Homes require a larger lot than smaller structures. This can be achieved simply by providing that each square foot of floor area above 10,000 is counted twice. • Setbacks are increased for large houses in proportion to size. • Estate homes require review by the Planning Commission and therefore cannot be Fast Tracked. While larger houses are not directly hurting the environment, they may be using proportionally more electricity and water. It might therefore be appropriate to require the owners to meet certain standards in solar energy production and in water.conservation. The AHPC refers this issue to the Town's Environmental Initiatives Committee. Definition of Estate Home The Committee discussed the definition of "large homes" and settled on a simple threshold: a home 10,000 square feet or more is defined as an "estate home" and subject to restrictions as outlined here. The term applies to the primary dwelling on the lot and does not include area that meets the definition of "basement." The AHPC considered the appropriate threshold to be in the range of 8,000 to 12,000 sq. ft., and finally settled on 10,000 sq. ft. as the proposed threshold. Estate Homes Transmittal May 4,2006 Page 1 Calculation of MFA Under the proposed new ordinance, the formula for calculating MFA will not be changed. However, in determining the floor area of a house, square footage over 10,000 sq. ft. will be counted twice. This is similar to the current requirement that floor area with a floor-to- ceiling height of more than 17 feet is counted twice. Setbacks The current minimum setbacks are 30 feet on the sides and back and 40 feet in front regardless of the size of the lot or the house. The Committee is recommending greater minimum setbacks for estate homes. Such houses would require an additional 2 feet setback for each 1,000 feet of floor area over 10,000 sq. ft., with a maximum addition of 20 feet to the standard maximum setbacks. Example: Floor Area Setbacks Front Side/Rear 10,000 45 30 12,000 44 34 15,000 50 40 18,000 56 46 24,000 60 50 30,000 60 50 36,000 60 50 The additional setback applies to the primary dwelling or any accessory structure over 10,000 square feet. Exceptions may be made for homes that are less than 17 feet in height or where the lot is constrained by natural features or dedicated easements. Process The Committee recommends that estate homes be excluded from the Fast Track process even if they meet the density and setback requirements above. This is because it is necessary to review how such a large structure fits the lot. The proposed ordinance requires findings to be established by the Planning Commission in order to grant a site development permit for an estate home. Estate Homes Transmittal May 4,2006 Page 2 SETBACK AND HEIGHT PROVISIONS FOR ESTATE HOMES May 17, 2006 Front setback: 40 ft. plus 2 ft. per 1,000 s.f. over 10,000 s.f. up to a maximum of 60 ft. Side and rear setbacks: 30 ft. plus 2 ft. per 1,000 s.f. over 10,000 s.f. up to a maximum of 50 ft. Additional height: 27 ft. plus 1 ft. over per additional 4 ft. in front setback and 3 ft. in standard side and rear setbacks up to a maximum of 32 ft. Basic Setbacks Increased Height Size of home Front Side &Rear Basic 28 ft. 29 ft. 30 ft. 31 ft. 32 ft. Height 10,000 s.f. 40 ft. 30 ft. 27 ft. 44/33 48/36 52/39 56/42 60/45 11,000 42 32 27 44/33 48/36 52/39 56/42 60/45 12,000 44 34 ft. 28 48/36 52/39 56/42 60/45 13,000 46 36 28 48/36 52/39 56/42 60/45 14,000 48 38 29 52/39 56/42 60/45 15,000 50 40 29 52/39 56/42 60/45 16,000 52 42 30 56/42 60/45 17,000 54 44 30 56/42 60/45 18,000 56 46 31 60/45 y 19,000 58 48 31 60/45 20,000 60 50 32 n 21,000 60 50 32 X 22,000 160 50 32 1 1 1 9 M Z q X�