HomeMy WebLinkAboutItem 3.53.5
TOWN OF LOS ALTOS HILLS September 4, 2008
Staff Report to the Planning Commission
RE: CONDITIONAL DEVELOPMENT PERMIT FOR A 2,070 SQUARE FOOT
ADDITION AND A VARIANCE TO ALLOW ONE SURFACE PARKING
SPACE TO ENCROACH WITHIN THE FRONT AND SIDE YARD
SETBACKS. LANDS OF KENEHAN; 14555 DE BELL ROAD; FILE# 77-08-
ZP-SD- VAR -CDP.
FROM: Brian Froelich, AICP, Associate Planner
APPROVED BY: Debbie Pedro, AICP, Planning Director
RECOMMENDATION: That the Planning Commission
Approve the requested Conditional Development Permit and Variance subject to the
recommended conditions of approval and required findings in attachments 1, 2, and 3.
BACKGROUND
The subject site is located on the west side of De Bell Road. The property is .462 acres
and has a moderate slope of 10.7%. The resulting lot unit factor is .455, thus requiring a
Conditional Development Permit.
The existing single -story home was built in 1955, before the Town incorporated, and was
sited to Santa Clara County setback requirements thereby making the building legal non-
conforming by current Los Altos Hills standards.
CODE REQUIREMENTS
The proposal requires Planning Commission review per Sections 10-1.1104 (Conditional
Development Permits) and 10-1.1103 (Variances) of the Zoning Ordinance. The Planning
Commission must make findings for the Conditional Development Permit and Variance
in order to approve the project. Recommended findings for approval have been prepared
(Attachments #2 & #3) for the Commission's review. The Conditional Development
Permit findings include consideration of the size and design of the project with respect to
the size, shape and topography of the site. The Variance findings include the evaluation of
the physical site conditions, particularly size, which results in a physical hardship on the
property.
Planning Commission
Lands of Kenehan
September 4, 2008
Page 2
DISCUSSION
Site Data:
Gross Lot Area: .462 acres
Net Lot Area: .462 acres
Average Slope: 10.7%
Lot Unit Factor: .455
Floor Area and Development Area:
Area Maximum Proposed Existing Change Left
Development 6,650 5,582 4,323 +1,259 1,068
Floor 4,550 4,542 2,472 +2,070 8
Site and Architecture
The applicant is proposing an interior remodel and a 1,035 square foot addition to the
main level and a 1,035 square foot addition to a new lower level. The proposed floor area
additions utilize nearly all available floor area square footage for the site.
The upper level addition/remodel includes: remodeled bathrooms, remodeled bedroom
closets, new kitchen, new family room, new master suite, and laundry area. The lower
level addition includes: a bedroom, bathroom, recreation room, and a mechanical room.
The exterior materials include replacement of the existing wood siding with a
combination of stucco and new wood siding. The existing cedar shake roof will be
replaced with composition shingles.
Covered parking is provided by an existing three -car garage. A fourth uncovered parking
space is proposed to the north side of the garage within the required front and side yard
setbacks. The location of this surface parking space requires approval of a Variance.
The proposed additions comply with height, floor area, and development area standards
per Title 10 of the Municipal Code. The proposed maximum building height is 26' at its
highest measurement from the building pad and has an overall height measurement of 27'
from the highest roof appurtenance to the lowest grade along the building line.
Variance
The existing legal nonconforming residence encroaches up to 15 feet in the side yard
setbacks and nine (9) feet into the front yard setback. All proposed floor area additions
comply with the minimum front, side, and rear yard setbacks, 40 feet, 30 feet, and 30 feet
respectively. However, the applicant is requesting Variance approval for setback
encroachment of one 10'x 20' uncovered parking space.
Planning Commission
Lands of Kenehan
September 4, 2008
Page 3
The existing driveway and parking for the site was approved by the County in 1955.
However, the current proposal is considered a major project and requires that parking be
brought into conformance by providing four (4) total parking spaces (two must be
covered). Setback standards for the Town do not allow parking spaces to be located
between the property fine and the setbacks lines. The only location available for
compliant parking would be behind the residence. Parking in this area would require
additional hardscape and grading to accommodate both the parking space and required
backup area.
hr order to approve a Variance, the Planning Commission must find that there am
exceptional or extraordinary circumstances on the lot that create a physical hardship for
the property owner to comply with the typical standards.
Due to the small lot size and the siting of the existing residence, the setback area is the
best location for the required uncovered parking space.
Further, the intent of setbacks is to provide an undeveloped area between residential
properties and streets. Approving the proposed encroachments would not significantly
reduce privacy or the open space benefits of the neighborhood. The subject parking space
area is already lowered and screened from off site. The proposed Variance is also
consistent with other Planning Commission approvals of setback Variances for properties
of similar size within the past three years.
• Lands of Bourgan, 25875 Estacada Way -2 parking spaces in setbacks
• Lands of Picetti, 12390 Hilltop Drive -1 parking space in setback
• Lands of Zanjani, 14624 Summerhill Avenue -2 parking spaces in setbacks
If the Planning Commission chooses to approve the Variance, findings of approval should
be cited (Attachment #2).
Conditional Development Permit
The LUF for this property is less than 0.50 and a Conditional Development Permit is
required by Section 10-1.1107(3) of the Zoning Code. In order to grant a Conditional
Development Permit, the Commission most make four findings specified in the Code.
Conditional development permit findings relate to the adequacy of the site to accommodate
the proposed project, creation of a harmonious project in relation to the site topography and
surroundings, minimizing alteration of the natural landscape, and compliance with
regulations of the Site Development Ordinance. Recommended findings of approval for the
Conditional Development Permit are included in Attachment #3.
Planning Commission
Lands of Kenehan
September 4, 2008
Page 4
Leeal Nonconfomrin
Section 10-1.401 of the Town's Zoning Ordinance regulates reconstruction of legal non
conforming structures. When less than 50% of the legal non conforming portion of a
structure is reconstructed, rebuilt, or repaired, it is permitted by the above noted section
Windows, doors, siding, and roofing within the legal nonconforming portion of the
building will be replaced per the proposed demolition plans. The framing and foundations
will not be significantly altered. The applicant has provided letters from both the project
architect and a structural engineer to verify the existing condition of the structural
framing and foundation.
Recommended condition of approval #14 will require that if during construction it is
discovered that more than 50% of the structural framing or foundations need to be
replaced, the project shall be renoticed for a Planning Commission hearing as a new
residence subject to Section 10-1.401 (c).
Grading and Drainage
The Engineering Department has reviewed the plans and has recommended conditions of
approval as specified in Attachment #1. All proposed grading on the site conforms to the
Town's Grading Policy. Proposed grading quantifies for the project include 190 cubic
yards of out and 50 cubic yards of fill. The remainder of the proposed cut material will be
hauled off site.
Pursuant to Section 10 -2.503 -Drainage Facilities Standards, the Engineering Department
has reviewed the proposed drainage design and determined that it complies with Town
requirements. The proposed drainage for the site involves downspouts connected to
underground drain lines that flow away from the residence on the downhill side of the
building to a drain field area. Hydrology calculations were provided by the project Civil
Engineer showing that post development runoff will not exceed current conditions.
Fire Department Review
The Santa Clara County Fire Department has reviewed the plans and required an
automatic sprinkler system be installed throughout the residence. (condition #23)
Committee Review
The Pathways Committee has recommended that an in -lieu fee be collected. (condition
#22)
The Environmental Design and Protection Committee noted that skylights are proposed
and no lighting is allowed in the skylight well. The Committee also requests that the
Scotch Broom be removed from the site.
Planning Commission
Lands of Kenehan
September 4, 2008
Page 5
ENVIRONMENTAL CLEARANCE (CEOA)
The proposed single family residence is categorically exempt from the provisions of the
California Environmental Quality Act by Section 15301, Class 1 (e).
ATTACHMENTS
1. Recommended conditions of approval
2. Recommended findings for the Variance
3. Recommended findings for the Conditional Development Permit
4. Letter from Architect
5. Letter from Structural Engineer
6. Development plans (Commission only)
Planning Couanission
Lands of Kenehan
September 4, 2008
Page 6
ATTACHMENT 1
RECOMMENDED CONDITIONS FOR A CONDITIONAL DEVELOPMENT PERMIT
AND VARIANCE
LANDS OF KENEHAN, 14555 DE BELL ROAD
File #77-08-ZP-SD- VAR -CDP
A. 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. 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. Plantings shall be adequate to break
up the bulk of the residence 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.
3. A landscape maintenance deposit in an amount determined by the Site
Development Committee 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.
All existing Blue Gum (E. globulus), Pink Ironbark (E. sideroxylon rosea),
River Red Gum (E. camaldulensis), Swamp Gum (E. rudis), Honey Gum
(E. melliodora), or Manna Gum (E. viminalis) eucalyptus trees on the
property located within 150' of any structures or roadways shall be
removed prior to final inspection of the new residence. Removal of
eucalyptus trees shall take place between the beginning of August and the
end of January to avoid disturbance of nesting birds protected under the
Federal Migratory Bird Treaty Act (MBTA) and California Department of
Fish and Game Code Section 3500 et seq unless a nesting bird survey is fust
conducted and there is a detemilnation that there are no active nests within the
tree.
5. Prior to requesting the foundation inspection, a registered civil engineer or
licensed land surveyor shall certify in writing and state that "the location
Planning Commission
Lands of Keneban
September 4, 2008
Page 7
of the residence and roof eaves and swimming pool are no less than 40'
from the front property line and 30' from the side and rear property
lines." The elevation of the residence shall be similarly certified in writing
to state that "the elevation of the residence matches the elevation and
location shown on the approved Site Development plan" The applicant
shall submit the stamped and signed letter(s) to the Planning Department
prior to requesting a foundation inspection.
Prior to requesting the final framing 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 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 Planning Department prior to requesting a final
framing inspection.
7. Air conditioning units shall be located a minimum of 40' from the front
property line and 30' from the side and rear property lines.
8. No new fencing or gates are approved. Any new fencing or gates shall
require review and approval by the Planning Department prior to
installation.
9. If utilized, skylights shall be designed and constructed to reduce emitted
light. No lighting may be placed within skylight wells.
10. All new exterior lighting fixtures shall have white/frosted/etched glass
enclosures or be shielded light futures. Seeded or bent glass is not
acceptable. No landscape or site lighting is approved with this plan.
Landscaping and site lighting shall be reviewed with the landscape
screening plan. All lighting must comply with the Town's Lighting Policy
prior to final inspection.
11. Fire retardant roofing (class A) is required for all new construction.
12. Properties must pay School District (Los Altos or Palo Alto) fees prior to
acceptance of plans for building plan check from Los Altos Hills. The
applicant must take a copy of required fee payment forms that have been
Planning Commission
Lands ofKenehan
September 4, 2008
Page 8
completed by the Town to both the elementary and high school district
offices, pay the appropriate fees and provide the Town with a copy of their
receipts.
13. The "Future Swimming Pool' shown on plan sheet Cl is not approved
with this plan and will be processed under a separate application.
14. If at any time during construction it is discovered that more than 50% of
the structural framing or foundations need to be replaced, work onsite shall
be halted and the project shall be renoticed for a Planning Commission
hearing as a new residence subject to Section 10-1.401 (c).
ENGINEERING DEPARTMENT:
15. Peak discharge at 14555 De Bell Road, as a result of Site Development
Permit 77-08, 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 remm 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 (2 plan copies)
shall be submitted for review and approval to the satisfaction of the City
Engineer prior to acceptance of plans for building plan check. Prior to
final inspection, a letter shall be submitted from the project engineer
stating that the detention storage design improvements were installed as
shown on the approved plans and in accordance with their
recommendations.
16. 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.
17. All public utility services serving this property 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."
Planning Commission
Lands of Keneban
September 4, 2008
Page 9
18. Two copies of an erosion and sediment control plan shall be submitted for
review and approval by the Engineering Department prior to acceptance of
plans for building plan check. The contractor and the property owner
shall comply with all appropriate requirements of the Town's NPDES
permit relative to grading and erosion/sediment control. The first 100 feet
of the driveway shall be rocked during construction and all cut and fill
slopes shall be protected from erosion. 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.
19. 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 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 De Bell Road and surrounding roadways, storage of construction
materials, placement of sanitary facilities, parking for construction
vehicles, clean-up area, and puking for construction personnel. A debris
box (trash dumpster) shall be placed on site for collection of construction
debris. Arrangements must be made with the Los Altos Garbage Company
for the debris box, since they have a franchise with the Town and no other
hauler is allowed within the Town limits.
20. 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 ofplans for buildingplan check.
21. The driveway shall be required to be fully constructed and all portions of
the driveway shall be turfblock material as shown on the approved plans,
prior to final inspection.
22. The property owner shall pay a pathway fee of $50.00 per linear foot of the
average width of the property, prior to acceptance of plans for building
plan check
FIRE DEPARTMENT
23. An automatic residential fire sprinkler system approved by the Santa Clara
County Fire Department shall be included in all portions of the proposed
building. Three sets of plans prepared by a sprinkler contractor shall be
submitted to the Santa Clara County Fire Department (14700 Winchester
Blvd., Los Gatos, CA 95032) for review and approval. The sprinklers
Planning Commission
Lands of Kenehan
September 4, 2008
Page 10
shall be inspected and approved by the Fire Department, prior to final
inspection and occupancy of the new building.
24. Approved numbers or addresses shall be placed on all new and existing
buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. Numbers shall contrast with their
background.
Project approval may be appealed if done so in writing within 22 days of the date of
approval. The building permit cannot be issued until the appeal period has lapsed. The
applicant may submit construction plans to the Building Department after July 24, 2008
provided the applicant has completed all conditions of approval required prior to
acceptance of plans for building plan check.
Please call 650-941-7222 extension 235 to schedule a final inspection with the Planning
and Engineering Departments at least two weeks prior to scheduling the final building
inspection approval.
CONDITION NUMBERS 12, 15, 18, 19, 20, AND 22 SHALL BE COMPLETED
AND SIGNED OFF BY THE PLANNING DEPARTMENT AND THE
ENGINEERING DEPARTMENT PRIOR TO ACCEPTANCE OF
CONSTRUCTION PLANS FOR PLAN CHECK BY THE BUILDING
DEPARTMENT.
NOTE: The Site Development permit is valid for one year from the approval date (until
September 4, 2008). 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.
Planning Commission
Lands of Kenehan
September 4, 2008
Page I1
ATTACHMENT
RECOMMENDED FINDINGS FOR APPROVAL OF A VARIANCE TO ALLOW
PARKING WITHIN THE SETBACK
LANDS OF KENEHAN-14555 DE BELL ROAD
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;
The variance request is to locate one uncovered parking space within a portion of
the front and side yard setbacks. The lot is encumbered by the substandard lot size.
The building area has a 76 foot average width, approximately half the width of
rectangular one acre properties. Further, the existing residence was built in 1955 to
Santa Clara County setback standards and does not provide space for compliant
parking and backup space without additional grading and hardscape surfaces. The
proposed parking space minimizes the impacts to the site and does not introduce an
immitigable impact to the surrounding neighborhood.
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 granting of the variance would serve the intent and purpose of the Zoning
ordinance because the site will provide the four (4) required off street puking
spaces. The applicant will not be granted special privileges not currently enjoyed
by other surrounding property owners because the proposed variance is for a
required parking space and is an improvement over the existing nonconforming
parking and driveway configuration.
3. 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 granting of [his variance does not appear to be materially detrimental or
injurious to other property owners. The encroachment of an uncovered parking
space in the setback will not result in an immitigable negative visual impact to
adjacent neighbors. The visibility of the outdoor parking area is already mitigated
with screening.
Planning Commission
Lands of Keneban
September 4, 2008
Page 12
4. The variance will not authorize a use or activity which is not otherwise expressly
authorized by the Zoning District regulations governing the parcel ofproperty.
The granting of the variance will not allow a use or activity that is not expressly
authorized by the Zoning Ordinance. Required onsite parking spaces are consistent
with the residential zoning designation of the property.
Planning Commission
Lands ofKenehan
September 4, 2008
Page 13
ATTACHMENT
CONDITIONAL DEVELOPMENT PERMIT FINDINGS
LANDS OF KENNAHAN— 14555 DE BELL ROAD
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 proposed addition/remodel on the .462 acre parcel has been designed to fit
within the floor area, development area, building height limits, and site
topography. Four required parking spaces are provided. However, due to the
small size of the lot, one uncovered parking space will encroach within the
property line setbacks and require a variance.
2. The size and design of the proposed structures create a proper balance, unity and
harmonious appearance in relation to the surrounding neighborhood.
The neighborhood consists of a mix of one and two story designs. The proposed
additions are compliant with Town standards and the architecture and materials
are typical of surrounding residences.
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.
Existing trees and shrubs will be preserved as much as possible. A landscape
screening plan required under condition #2 will ensure that existing trees and
shrubs will be supplemented by new landscaping to adequately screen the
residence, blend the visual impact, and preserve the rural character of the site.
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 except for the parking space that encroaches
into the setback and requires a variance.
Attachment 4
KOHLER ASSOCIATES ARCHITECTS
August 22, 2008
WEEVEiY
Brian Froelich, Planning Department
City of Los Altos Hills AUG 22 2008
26379 Fremont Road, Los Altos Hills, Ca 94022
SOWN OF LOS ALTOS HILLS
RE: Kenehan Residence, 14555 De Bell Road
Existing Foundation and Framing
Dear Mr. Froelich,
As part of the design process for the Kenehan project,
I have walked through the existing residence with the owner and
contractor, Glenn Kenehan, Peter Sung, of Sung Engineering. Together, Mr.
Kenehan and Mr. Sung performed a visual inspection of the existing
foundation under the house. Mr. Sung states that the foundation is of
sufficient design and condition that foundation replacement is not
necessary. There are two areas near the front door that will require minor
repair due to erosion. The erosion occurred because of improper grading
and drainage on the exterior of the existing residence. This will be corrected
as part of the new grading and drainage plan proposed by Jerry Clements, of
Clements and Associates (Civil Engineering). At the rear of the house, where
the new addition occurs, existing foundations will be replaced with new
foundations and retaining walls.
Mr. Sung states that keeping the existing wall framing will not impact the
structural integrity of the proposed remodeling. Mr. Kenehan states that the
existing wall and roof framing will remain intact as indicated on the
demolition plan provided by Kohler Associates. He has investigated the
possibility of unforeseen damage due to dry rot or termites and revealed no
problems. His plan is upgrade the exterior and interior wall finishes and
install new insulation as required by the current energy standards. New
plywood sheathing may be required under the new exterior finishes to
improve structural stability. The old roofing will be removed and new
roofing materials will be installed as required by the current Building Codes.
If you have any further questions regarding this matter, please feel free
to call our office.
Thank you,
Roger
721 COLORADO AVENUE, SUITE 102 PALO ALTO, CA 94303
( www.kohler-architects.com ,650) 321
email:
FAX N0. :
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TO:- LpW 97w-4 I �nJpN
DATE: 7 9I• D9
FROM: KOHLER ASSOCIATES
ARCHITECTS
(
Town of Los Altos Hills
Building Department
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: (650) 941-7222
Fax: (650)941-3160
J.1. 22 200a Di Attachment 5
RECEIVED
TOWN OF LOS ALTOS HILLS
July 18, 2008
Subject: Kenchan Residence at 14555 De Bell Road, Los Altos IIills, CA
Job No.: 208146
To Whom It May Concern:
At the request of the Homeowner, we have made a review of the following items for the subject
project:
1. At existing house to remain, the existing foundation is acceptable as -built.
The existing foundation (at remaining area) shall not impact the structural
integrity of the proposed addition.. New fomdation/rctaining well shall be
provided at area of proposed addition and area where addition connects to
remaining house.
If you have any further questions regarding this matter, please call our office. Thank you.
Very truly yours,
Peter K. Sung, P.E.
Civil Engineer