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HomeMy WebLinkAboutResolution PC 02-26 Resolution PC 02-26 Page 3 EXHIBIT A FINDINGS Lands of Shen & Zheng – 10320 Rolly Road – File# SD25-0039, VAR25-0015 1. With regard to the Site Development Permit (SD25-0039) and Variance (VAR25-0015) to remodel an existing legal nonconforming structure within the required 30-foot side yard setback, the Planning Commission finds in accordance with Section 10-1.1007(2) of the Los Altos Hills Municipal Code as follows: a. Because of exceptional or extraordinary circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the ordinance is found to deprive the property of privileges enjoyed by other properties in the vicinity and under identical zoning classifications: The existing residence was constructed at 6 feet, 9 inches from the side property line. Following the Town’s annexation of the property in 2009, the residence became legal nonconforming because it does not comply with the Town’s 30-foot side setback requirement. The portions of the residence in the setback presently range from 9’-5” to 14’-3”. The proposed remodel standardizes the height in the setback to approximately 13 feet. This means that the maximum height in the setback will decrease but the average height in the setback will increase. The applicant’s constraints analysis demonstrates that the irregular topography restricts suitable development to a much smaller area than the 0.9-acre lot. The Commission finds that a strict application of the code would require the applicant to develop in steep terrain, which is generally not preferred. The combination of steep slopes, creek setbacks, and building setbacks deprive the property of the typical configuration of development found in other R-A zoned properties of a similar lot size. b. That upon granting of the Variance, the intent and purpose of the ordinance will still be served, and the recipient of the Variance will not be granted special privileges not enjoyed by other surrounding property owners: Variances to building setbacks are expressly allowed under the Municipal Code when exceptional or extraordinary circumstances exist. The steep topography surrounding the existing building footprint, ranging from 30 – 46% slope, significantly limits the area of feasible development. Furthermore, variance does not constitute a grant of special privilege, as similar variances may be considered for other properties with similar exceptional circumstances. c. That granting the 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 Planning Commission finds this Variance is granted with a specified scope, such that it specifically allows for a minor increase in building height for a structure within the 30-foot side yard setback. The structure will remain in its existing footprint and encroach no closer to the eastern property line. Additionally, the remainder of the project complies with the Site Development standards for maximum floor area, maximum development area, height, and parking for the R-A zoning district. The Commission finds that approval of the project will not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the Residential-Agricultural Zoning District Resolution PC 02-26 Page 4 d. That the Variance will not allow a use or activity which is not expressly authorized by the Zoning Ordinance: Grant of a variance to remodel an existing nonconforming structure in the required 30-foot side yard setback will allow for a single-family residence and attached garage—improvements which are permitted uses and structures in the Residential-Agriculture Zoning District. Resolution PC 02-26 Page 5 EXHIBIT B CONDITIONS OF APPROVAL Lands of Shen & Zheng – 10320 Rolly Road – File# SD25-0039, VAR25-0015 PLANNING: 1. No other modifications to the approved plans submitted on November 5, 2025, are allowed except as otherwise first reviewed and approved by the Community Development Director or the Planning Commission, depending on the scope of the changes. 2. All conditions of approval shall be printed on plans submitted for building permit plan check. 3. The project is subject to the Town’s Construction Time Limit Ordinance (Chapter 10, Title VIII of the Municipal Code). The maximum time for completion of the project shall be set by said policy and run from date of Building Permit issuance. Any extensions to the time for completion shall be subject to said policy. Failure to complete the project in the allotted time with approved extensions may result in substantial penalties and fees per the policy. 4. 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 Community Development Department for approval at time of submittal for building plan check. All applicable structures shall be painted in conformance with the approved color(s) prior to final inspection. 5. The property owner shall remove all Stinkwort from the entire property and in the road right- of-way by manual pulling or use of herbicide by September 1st of each year until the final approval of the project. 6. Roof eaves of all structures shall not encroach into the required side and rear yard setbacks. The roof eaves shall be shown on the site and civil plans in the construction drawings. 7. No new fencing is approved with this site development permit. Any additional or modified fencing or gates shall require review and approval by the Community Development Department with the required landscape screening plan and prior to installation. 8. All exterior lighting fixtures shall be down directed or shielded non-movable fixtures and shall not exceed 3,000 Kelvins and 600 lumens. Exterior lighting on the new residence is approved as shown on the plans. Any changes to the approved lighting plan shall be approved by the Community Development Department prior to installation. No lighting may be placed within setbacks except that a total of two lights can be located at one of the following locations; driveway or entry. 9. Skylights, if utilized, shall be designed and constructed to reduce emitted light (tinted or colored glass, shade, or other material). No lighting may be placed within skylight wells. Resolution PC 02-26 Page 6 10. Fire retardant roofing (Class A) is required for all new construction. 11. All space heating and water heating systems installed in new residences, detached habitable buildings, and/or projects involving a substantial remodel shall comply with Los Altos Hills Municipal Code Sections § 8-1.6.02 and § 8-1.10.02. 12. All construction shall comply with the applicable California Green Building Standards Code, Part 11, Title 24 mandatory measures in effect at the time of building permit application. The property owner shall provide a CALGreen Residential Checklist demonstrating conformance with all applicable mandatory measures at time of building permit submittal. 13. All construction shall comply with Section R337 of the 2022 California Residential Code (Materials and Construction Methods for Exterior Wildfire Exposure). 14. The property owner shall grant an Open Space Easement to the Town that reflects the exhibit in the Open Space Committee report dated December 19, 2025. Native vegetation may be planted within the easement and irrigation or sprinkler systems are only permitted to establish the native vegetation. The property owner shall provide legal description and plat exhibit(s) prepared by a licensed land surveyor and the Town shall prepare the grant document. An easement review deposit (per Planning Fee Schedule in effect at time of review request) shall be paid to the Town prior to review of the legal description and plat exhibit(s). The grant document shall be signed and notarized by the property owner and returned to the Town prior to building permit issuance. 15. Prior to building permit issuance, the property owner shall submit revised construction drawings (Sheet A2 Proposed Site Plan) identifying two uncovered parking spaces that comply with the standard 40-foot front and 30-foot side/rear setbacks for Community Development Department staff review and approval. 16. Prior to building permit issuance, the property owner shall submit revised construction drawings (Sheet A2 Proposed Site Plan) relocating the AC units to comply with the standard 40-foot front and 30-foot side/rear setbacks for Community Development Department staff review and approval. 17. Prior to building permit issuance, the property owner shall submit revised construction drawings illustrating the demolition of the existing shed in the Open Space Easement for Community Development Department staff review and approval. 18. Prior to building permit issuance, the property owner’s Geotechnical Consultant shall review and approve all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, site surface and subsurface drainage improvements, and design parameters and layouts for foundations, retaining walls, etc.) to ensure that their recommendations have been properly incorporated. The property’s Geotechnical Consultant shall provide retaining wall design criteria recommendations and evaluate the potential presence of undocumented fill underlying a portion of the existing building pad and clarify if mitigation is recommended, per the Standard of Practice in the Town. Resolution PC 02-26 Page 7 19. Prior to beginning any construction or grading operation, all significant trees, particularly any 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 any 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. 20. 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 by the Site Development Committee. The application for landscape screening and erosion control 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 residence from surrounding properties and streets. In review of the landscape screening plan, the Committee shall ensure proposed shrubs and trees are selected such that mature growth does not negatively impact the views of adjacent properties. 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. 21. A $5,000 landscape maintenance and water usage deposit shall be paid to the Town prior to final inspection of the new residence. Two years after the project has been completed, the applicant shall furnish staff with the last 12 months of water usage for the property and conduct a site inspection to ensure installed landscape screening is still present and has been adequately maintained. Inadequate maintenance of installed landscape screening and/or water usage greater than the annual usage indicated on the approved parcel water budget worksheet, may result in complete forfeiture of this deposit. 22. Prior to requesting the final inspection, the property owner’s 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, excavations for foundations and retaining walls prior to the placement of steel and concrete. 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 for review prior to final project approval. 23. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor shall certify in writing and state that “the height of the new residence complies with the 27’- 0” maximum structure height, measured as the vertical distance at any point from the bottom of the crawl space or basement ceiling if excavated below natural grade, to the highest part of the structure directly above (including roof materials).” The overall structure height shall be similarly certified in writing and state that “all points of the building (including chimneys and appurtenances) lie within a thirty-five (35’) foot horizontal band based, measured from the lowest visible natural or finished grade topographical elevation of the structure along the Resolution PC 02-26 Page 8 building line and the highest topographical elevation of the roof of the structure.” The applicant shall submit the stamped and signed letter(s) to the Community Development Department prior to requesting a final inspection. 24. 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 residence and roof eaves, are no less than 40’ from the front property line and 6’-9” to the side property line as allowed by the variance associated with the project approval.” The elevation of the new residence shall be similarly certified in writing to state that “the elevation of the new residence matches the elevation and location shown on the Site Development plan.” The applicant shall submit the stamped and signed letter(s) to the Community Development Department prior to requesting a final inspection. 25. All properties shall pay School District fees to either the Los Altos School District and Mountain View Los Altos Union High School District or the Palo Alto Unified School District, as applicable, prior to permit issuance. The applicant shall take a copy of worksheet #2 to school district offices, pay the appropriate fees and provide the Town with a receipt. ENGINEERING DEPARTMENT 26. Any, and all, changes to the approved Grading and Drainage plan shall first be approved by the Town Engineering Department. No grading shall take place during the grading moratorium (October 1st to April 30th) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line. 27. An encroachment permit shall be obtained from the Public Works Department for all work proposed in the public right-of-way. No work within the public right-of-way shall commence without an encroachment permit. 28. All public utility services serving the new residence shall be placed underground. The applicant should contact PG&E immediately after issuance of building permit to start the application process for undergrounding utilities which can take up to 6-8 months. Prior To Building Plan Check 29. A set of plans which includes a septic system that has been recommended for approval by the County of Santa Clara, Department of Environmental Health shall be submitted to the Engineering Department prior to acceptance of plans for building plan check. At Building Plan Check 30. Upload high-resolution, color photographs of existing roadway and pathway conditions ot he Town’s Trak-It system. 31. The property owner shall pay a pathway fee of $10,943 prior to acceptance of plans for building plan check. Prior To Final Approval Resolution PC 02-26 Page 9 32. 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. 33. During the rainy season, all disturbed native soils must be protected with appropriate erosion control measures. Replanting shall be completed, as necessary, prior to final inspection. 34. Conditions of the County of Santa Clara, Department of Environmental Health shall be met prior to final inspection. 35. 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. FIRE DEPARTMENT 36. Fire Sprinklers Required: (As Noted on Sheet A0) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. Make a note on Sheet A0 that sprinklers will be installed. 37. Required Fire Flow: The minimum required fire flow for this project is 1000 Gallons Per Minute (GPM) at 20 psi residual pressure. This fire flow assumes installation of automatic fire sprinklers per CFC [903.1.1.3] Attached fire flow letter appears not to meet the requirement. Revise new home square footage/construction type/attach another fireflow letter from other hydrant (LAS-1295)/contact the water purveyor for potential upgrade. Provide a fire flow letter from a local water purveyor conforming the required fire flow of 1000 GPM @ 20 psi residual from a fire hydrant located within 600’ of the farthest exterior corner of the structure is required. Contact your local water purveyor for details on how to obtain the fire flow letter. 38. Water Supply Requirements: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record Resolution PC 02-26 Page 10 are documented by that purveyor as having been met by the applicant(s). 2022 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 39. Address identification: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1. 40. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.