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HomeMy WebLinkAbout3.1Item 3.1 TOWN OF LOS ALTOS HILLS January 5, 2012 Staff Report to the Planning Commission SUBJECT: A SITE DEVELOPMENT PERMIT FOR A 668 SQUARE FOOT DETACHED GARAGE AND A SETBACK VARIANCE FOR THE GARAGE TO ENCROACH UP TO 20 FEET INTO THE REQUIRED 30 FOOT SIDEYARD SETBACK. LANDS OF ABRAHAM; 12831 VISCAINO ROAD; FILE #278-11-ZP-SD-VAR. FROM: Brian Froelich, AICP, Associate Planner a� APPROVED: Debbie Pedro, AICP, Planning DirectorIV( RECOMMENDATION: That the Planning Commission: Approve the requested Site Development Permit and setback variance per the required findings in Attachment #2 and the conditions in Attachment #1. BACKGROUND The subject property is located on the south side of Viscaino Road between Camino Medio Lane and Anacapa Drive. Vehicular access is gained through an easement that serves a total of four (4) properties. The site has a slope of 29.8%, a gross size of 1.14 acres and a net size of 0.9 acres due to the easement. The residence was originally built in 1960 with a two -car carport. The carport has since been converted to a non -conforming, sub -standard sized garage (18' x 20' interior). The applicant proposes to utilize an existing ten (10) foot tall retaining wall as the rear wall of the proposed two -car garage. The area of the proposed garage is currently paved with concrete and encroaches up to 20 feet into the required 30 foot side -yard setback. Both the existing retaining wall and the existing concrete paving were permitted in 1992. CODE REQUIREMENTS The proposal requires Planning Commission review per Section 10-1.1003 (Variances) of the Zoning Ordinance. The Planning Commission must make findings for the variance in order to approve the project. Recommended variance findings for approval have been prepared (Attachment #2) for the Commission's review. The applicant has prepared findings for approval (Attachment #3). The variance findings require an evaluation of exceptional and extraordinary circumstances related to the physical characteristics of a property. 0 - Planning Commission Lands of Abraham January 5, 2012 Page 2 DISCUSSION Site Data: Gross Lot Area: 1.14 acres Net Lot Area: 0.9 acres Average Slope: 39.8% Lot Unit Factor: 0.56 Floor Area and Development Area: Area Maximum Proposed Existing Increase Left Development 7,500 8,575 8,575* 0 0 Floor 5,000 4,426 3,758 668 574 *legal non -conforming Development Area per application #213-92 Garage The proposed garage totals 668 square feet of new floor area but will not add to the development area total or require any grading because the area was previously graded and paved. The building has a flat roof and would be nine (9) feet tall. Two standard 10' x 20' parking stalls can be accommodated within the interior dimensions. A flat roof and vertical siding to match the existing residence are proposed. Variance Variances provide relief from development standards where a particular property has a limitation or deficiency that disallows the property from being developed in a manner consistent with similarly zoned properties. In order to approve a variance, the Planning Commission must find that the site presents inherent difficulties. The existing homesite and driveway were constructed in 1960. The residence is situated on a cut/fill pad carved out of a 30% slope. The developed portions of the site are basically flat while the undeveloped portions of the lot have an increased slope due to the site grading (30%-40%). Slopes over 30% generally preclude further development. The lot is a typical four-sided parcel; however, the natural slope crosses the lot diagonally and setbacks are measured from the edge of the driveway easement. The existing residence is oriented parallel to the contours which creates a near 45 degree angle to the setback lines. Planning Commission Lands of Abraham January 5, 2012 Page 3 7- 2./ - 2./ CURB � ;0ti ii n \ • - e .'EDNCRETE.,. //T AC UPPER \/ 3 DRIYEWAY UiLDING UNE ti ". GARAGE F.-=41.1.9 r', W (e) 11' turning radius ''I W C�anaral Plan T i One feasible project alternative exists to add onto the existing nonconforming garage. The inside NA1JL? I. I I turning radius leading to the garage measures 11 feet where 10 feet would be the minimum per i i AASHTO residential standards. Therefore, an I addition to the existing garage is possible but i I I I would be limited functionally to a one foot i addition in garage width (1' x 20'). The I. I r 12 j alternative would require minor grading and relocation of the front walkway. However, the i result would be a reduction of non -conformity (19' x 20' interior where 20' x 20' is required) The Los Altos Hills General Plan Land Use Element states: "126. Building Setbacks Setbacks regulate the placement of buildings with respect to their property lines in order to provide a minimum amount of open space between buildings on adjacent parcels and between buildings and street rights-of-way. Setbacks for single-family residences are generally 40 feet from the front property line and 30 feet from the sides and rear property lines." This General Plan passage describes a minimum amount of open space between buildings. The proposed garage location would maintain an approximate distance of 125 feet from the nearest neighboring residential building. The topography and vegetation on the adjacent lot to the west makes it unlikely that development would occur at the setback line nearest to the proposed garage location. Trees & Landscaping No heritage oak trees exist on the property and no vegetation would be removed with the project. ENVIRONMENTAL CLEARANCE (CE -QA ) The proposed single family residence is categorically exempt from the provisions of the California Environmental Quality Act by Section 15303 (e). Planning Commission Lands of Abraham January 5, 2012 Page 4 ATTACHMENTS 1. Conditions of approval 2. Recommended findings of approval of the setback variance 3. Applicant's variance findings for approval 4. Environmental Design and Protection Committee comments, December 12, 2011 5. SCC Fire Department comments, December 13, 2011 6. Project Plans Planning Commission Lands of Abraham January 5, 2012 Page 5 ATTACHMENT 1 RECOMMENDED CONDITIONS FOR SITE DEVELOPMENT PERMIT FOR A DETACHED GARAGE AND SETBACK VARIANCE LANDS OF ABRAHAM, 12831 VISCAINO ROAD File # 278-11-ZP-SD-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 new exterior lighting fixtures shall have whitelfrostedletched glass enclosures or be shielded light fixtures. 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. 3. After completion of rough framing staff shall determine if a landscape screening and erosion control plan shall be reviewed at a Site Development Hearing. All landscaping required for screening purposes and for erosion control (as determined by the City Engineer) must be installed prior to final inspection. 4. Fire retardant roofing (Class A) is required for all new construction. ENGINEERING DEPARTMENT: 5. Two copies of a 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 Construction Operation Plan shall address truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic safety on Viscaino Road and surrounding roadways; storage of construction materials; placement of sanitary facilities; parking for construction vehicles; and parking for construction personnel. A debris box (trash dumpster) shall be placed on site for collection of construction debris. Arrangements must be made with the GreenWaste Recovery, Inc. for the debris box, since they have a franchise with the Town and no other hauler is allowed within the Town limits. 6. 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 Planning Commission Lands of Abraham January 5, 2012 Page 6 driveways, and public and private roadways, prior to final inspection 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. CONDITION NUMBERS 5 AND 6 SHALL BE COMPLETED AND SIGNED OFF BY THE ENGINEERING DEPARTMENT 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 action. The building permit cannot be issued until the appeal period has lapsed. The applicant may submit construction plans to the Building Department on January 30, 2012 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 January 5, 2013). 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 Abraham January 5, 2012 Page 7 ATTACHMENT 2 RECOMMENDED FINDINGS FOR APPROVAL OF A SETBACK VARIANCE LANDS OF ABRAHAM —12831 VISCAINO ROAD File #278-11-ZP-SD-VAR 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; The subject property is constrained by a 29.8% slope and the orientation of the slope to the property lines. The lot size is a standard four-sided shape but the slope runs diagonally through the site from the low point at the north east corner to the high point at the south west corner. The existing residence was built in alignment with the slope and therefore is at a near 45 degree angle to the property line and setbacks. The requested encroachment into the setbacks to accommodate a conforming two - car garage would permit the site to accommodate the required number of covered parking spaces. 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. The requested setback variance on this property has little effect on the above three issues due to the location on the hillside and the proximity to surrounding roads and neighboring properties. Distance between the nearest building on another lot is also approximately 125 feet. Vehicular noise may be reduced with the enclosure of the parking spaces and the design incorporating a previously cut hillside. Granting of a variance does not set a precedent because this site is unique with regard to topography and the inherent location and orientation of existing buildings. 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 the setback variance will not adversely impact neighboring properties because the proposed building is in a location that has been previously cut by a greater Planning Commission Lands of Abraham January 5, 2012 Page 8 depth than the height of the proposed building. The proposed garage is hidden and screened from view from uphill and downhill neighbors. 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. Garages are permitted accessory buildings and uses in the R -A zoning district. �• RECEIVED,J Attachment 3 Nov 14 2011 ABRAHAM TOWN OF LOS ALTOS HILLS 175-054-059 FINDINGS Given the topography, the existing structure placement, and the exceptional driveway easements, there is no adequate space for the proposed new garage without encroachment into the setback limits. a. The property has many areas with a slope -greater than 30 percent resulting in a large amount of unbuildable area. b. A significant area of the property was used as a septic drain field in the past making it unsuitable as a building area. c. Multiple driveway easements and driveway area consume a large amount of the property. d. Cut and fill grading at the time the existing house was built produced areas not usable for building because of poor compaction and the use of poor soils for fill. e. The strict application of the setback ordinance will deprive the property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. An adjoining property has the primary structure constructed within the setback area (about 10 feet incursion). Another adjoining property has the primary structure constructed within the setback area next to a driveway easement. Yet another near by property has multiple zoning inconsistencies including an incursion of more than 30 feet into the front setback. There are other examples in the vicinity. f. The existing garage was constructed by the previous property owned. The previous owned enclosed a carport, this resulted in a garage that does not meet the size requirements of the Town zoning specifications. Parking a vehicle in the existing garage is nearly impossible because of the small size. The house, like many built in the late 50s and early 60s has very limited storage space and the existing substandard non conforming garage is used for storage. The granting of a setback variance would enable the property to enjoy the use of a conforming garage as other properties in the vicinity enjoy and as required by the Zoning Ordinance. 2 The granting of a Variance will serve the intent and purpose of the ordinance and the recipient of the Variance will not enjoy special privileges not enjoyed by surrounding property owners. a. The granting of a Variance will allow the property to have a conforming garage as enjoyed by surrounding properties. The conforming garage will provide for vehicle protection from the elements and damage from rats which has become a serious problem in the vicinity. C") The granting of a Variance will not be detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the same zoning district. a. The granting of a Variance will allow the construction of a conforming garage without any increase in the development area of the property. b. Two walls of the garage will be an existing retaining wall. The retaining wall was built to mitigate earthquake damage following the 1989 Loma Prieta earthquake. The height of the garage will be less than nine feet and the roof will be flat. c. The garage will be very thoroughly screened from view by existing foliage and it is mostly below the visible elevation when viewed from surrounding properties. 4. The Variance will not allow a use or activity which is not expressly authorized by the Zoning Ordinance. a. The garage will be used for vehicle parking as well as storage for bicycles, garden equipment, and other customary residential items. Environmental Design and Protection Committee q"A-qF- V41Et6-tf(---E Reviewed by: PC, Applicant Name Address_ 9< U j �L�� Site impact/lighting/noise: Creeks, drainage, easements: Attachment 4 Date 12.i1.If. Existing Vegetation: RECE r 1 2 211 Significant issues/comments: ACLARA eo ,w. COURTESY & SERVICE 1 11 i Ia " i"INN�. ,I` f .1-1 i t 14700 Winchester Blvd., Los Gatos, CA 95032-1818 (408) 378-4010 • (408) 378-9342 (fax) • www.sccfd.org DEVELOPMENTAL REVIEW COMMENTS M PLAN REVIEW No. BLDG PERMIT No. Attachment 5 11 3639 .... ..........._ ........ ._. _ - ......... ........ ...,. _...... __.._. _ _---.... . ..............._._.....-._.. Proposed new 540 square -foot one-story detached garage. NOTE: plans state that the garage is 668 square feet. Comment #1: Review of this Developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Department all applicable construction permits. Comment #2: Wildland-Urban Interface: This project is located within the designated Wildland- Urban Interface Fire Area. The building construction shall comply with the provisions of California Building Code (CBC) Chapter 7A. Note that vegetation clearance shall be in compliance with CBC Section 701A.3.2.4 prior to project final approval. Check with the Planning Department for related landscape plan requirements. Comment #3: Fire Sprinklers Required: Where Required. 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 903.2.18 whichever is more restrictive. Automatic sprinkler system shall be provided throughout all new buildings and structures. Exceptions: Group A, B, E, F, I, L, M, S and U occupancy buildings and structures that do not exceed 1,000 square feet of building area and that are not located in the Wildland-Urban Interface Fire Area. Group A, B, E, F, I, L, M, S and U occupancy buildings and structures that are located in the Wildland-Urban Interface Area and do not exceed 500 square feet of building area. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire :Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC 903.2 as adopted and amended by LAHTC City PLANS SPECS NEW RMOL AS LAH ® [-] ® 1:1❑ OCCUPANCY U CONST. TYPE V -B AppllcantName Lea & Suyng Engineering Inc DATE 12/13/201 PAGE 1 OF 2 SEC/FLOOR 1 story AREA TBD LOAD PROJECT DESCRIPTION Residential Development PROJECT TYPE OR SYSTEM Design Review NAME OF PROJECT SFR LOCATION 12831 Viscaino Rd Los Altos Hills TABULAR FIRE FLOW 1000 REDUCTION FOR FIRE SPRINKLERS REQUIRED FIRE FLOW @ 20 PSI 1000 BY Harding, Doug 1 50% Organized as the Santa Clara County Central Fire Protection District Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga 7 AOLARA °o FIRE DEPARTMENT SANTA CLARA COUNTY "FIRE' 14700 Winchester Blvd., Los Gatos, CA 95032-1818 COURTESY B SERVICE (408) 378-4010 • (408) 378-9342 (fax) • www.sccfd.org PLAN REVIEW No. BLDG DEVELOPMENTAL REVIEW COMMENTS PERMIT No. 11 3639 Comment #4: 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 are documented by that purveyor as having been met by the applicant(s). 2007 CFC Sec. 903.3.5 and Health and Safety Code 13114.7 Comment #5: Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 14 and our Standard Detail and Specification SI -7. Comment #6: Premises Identification: 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. CFC Sec. 505 To prevent plan review and inspection delays, the above noted Developmental Review Conditions shall be addressed as "notes" on all pending and future plan submittals and any referenced diagrams to be reproduced onto the future plan submittal. City PLANS SPECS NEW RMDL AS LAH ® ❑ ® ❑ ❑ OCCUPANCY U CONST. TYPE V -B AppII-.1N._ Lea & Suyng Engineering Inc DATE 12/13/201 PAGE 2 OF 2 SEC/FLOOR 1 story AREA TBD LOAD PROJECT DESCRIPTION Residential Development PROJECT TYPE OR SYSTEM Design Review NAME OF PROJECT SFR LOCATION 12831 Viscaino Rd Los Altos Hills TABULAR FIRE FLOW 1000 REDUCTION FOR FIRE SPRINKLERS REQUIRED FIRE FLOW @ 20 PSI 1000 BY Harding, Doug 1507o Organized as the Santa Clara County Central Fire Protection District Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga