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HomeMy WebLinkAbout1999-05-17 City Council (12)City of Palo Alto C ty Manager’s Report TO: FROM: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT 6 DATE:MAY 17, 1999 CMR:246:99 SUBJECT:APPLICATION OF FRANCOISE KIRKMAN, LEAH FELIZ-AND BRAUDILIO FELIZ FOR A VARIANCE AND SITE & DESIGN APPROVAL AT 3810 PAGE MILL ROAD FOR A TWO-STORY ADDITION_.TO AN EXISTING TWO-STORY, SINGLE-FAMILY RESIDENCE AND TO CONSIDER A NEGATIVE DECLARATION FOR THE PROJECT (FILE NOS: 99-EIA-1, 99-V-3, 99-D-1) RECOMMENDATION " - The Planning Commission and staffrecommend that the City Council approve the Negative Declaration (Attachment C of the Planning Commission report), with a finding that the project will not result in significant environmental impacts; and approve the Variance and Site and Design applications for a two-story addition to an existing two-story, single-family residence, based on the f’mdings and conditions (Attachments D, E, F and G of the Planning Commission report). ..._ PROJECT DESCRIPTION The site is located in the foothills, adjacent to the Mid Peninsula Open Space District and Foothills Park and is zoned Open Space (OS). The applicants propose to construct a two- story addition to their existing two-story home. Site and Design approval is required for any development, construction or improvements in the OS district. Additionally, the applicant- is requesting approval of a Variance to allow the proposed addition to: (1) encroach into the minimum 200-foot Special Setback from Page Mill Road, where the applicant proposes’ a setback of 47 feet; (2) exceed the maximum allowed impervious surface coverage of 3.50 percent to a maximum of 4.61 percent;-and (3) exceed the maximum allowed height limit of 25 feet to a maximum of 28½ feet. For a more detailed analysis of this project, please refer to the Planning Commission staff report and attachments (Attachment B). COMMISSION REVIEW AND COMMENTS The project was reviewed by the Planning Commission on April 28, 1999. The-minutes from -that meeting are included as Attachment A to this report. The Commission recommended CMR:246:99 Page 1 of 2 (on a 7-0 vote) that the Negative Declaration, Variance and Site and Design applications be approved per the findings and conditions attached to the Planning Commission report. ATTACHMENTS Attachment A:_ planning Commission minutes, dated 04/28/99 Attachment B: Planning Commission report and attachments, dated 04/28/99 Attachment C: Correspondence Photo simulation of project showing addition (City Council Members only) Plans (City Council Members only) PREPARED BY:Nancy M. Hutar, Contract Planner REVIEWED BY:George White, Planning Manager G. EDWARD GAWF ..... Director of Planning and Community Environment CITY MANAGER APPROVAL: EMILY~IARRISON Assistant City Manager CC:Francoise Kirkman, Leah and Braudilio_Feliz, 3810 Page Mill Road, Los Altos, CA 94022 cMR:246:99 . -~ Page 2-of2 :1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40~ 41 42 43 44 April 28, 1999 REGULAR MEETING- 7:00 PM City Council Chambers Room Civic Center, 1st Floor 250Hamilton Avenue Palo Alto, California 94301 EXCERPT of dra-~ft minutes of the Palo Alto Planning Commission meeting of April 28, 1999. Attachment A ROLL CALL: Meeting called to order at 7:00 P.M. Commissioners: Owen Byrd, Chairman Kathy Schmidt, Vice-Chair Bern Beecham Annette Bialson Phyllis Cassel Jon Schink Patrick Burr Sta Furth, ’ Arborist Planner Planner to Byrd: I’d like to call tonight’s May I ask that the clerk please the Commission The first on our agenda tonight ORAL Is there here Oral Communications. Seeing none, we’ll ~- AGENDA DELETIONS. I’d like to -’ii~ the audience and for those who may be - was some by members .of the public earlier this week whether would be testimony or comments from the Reports on the subjects of a Transportation Commission our review of Shuttle Plan. The C!ty Attorney"~ advised me that in fact we are ¯to accept tl~0~,mment~,. I’m presuming, unless the Ct~ssion has a problem, that hear from.A ~cs of the public on those subjects.. ~ ~#~’~:o approval of Minutes of March 30, 1999. Does anyone ~ comments or a ~20mmissioner Schmidt: I move approval..-"~. City of Palo Alto Page I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 NEW BUSINESS. Public Hearings. 3810 Page Mill Road*: Application by Francoise Kirkman, Leah Feliz and Braudilio Feliz for a Variance and Site and Design review to construct a two-story addition to an existing two-story, single-family residence on a 1:55 acre site. Approval of the Variance would allow for the proposed addition to: 1) encroach into the special setback of a minimum 200 feet allowed from Pa Road (the applicant proposes a setback of 47 feet); 2) impervious surface coverage of 3.5 Percent and 3) exceed the maximum alloWed height 28-112 feet). Approval of the Site and ~gn permitted in the OS district for any Environmental Assessment: A District: OS. File Nos. 99-EIA-1, scheduled to be heard by the City 17, 1999 in the Council Chambers. allowed 4.6 percent); for all been This hearing at 7:00 PM on May Staff: At this point I’d like to turn the mike this item. Hutar project planner for M~ review to construct a two-story acre site located at 3810 Page Staff recommends that the negative de impacts, and sensitive to which Design app of the tothe the ike to correct second With and and Site and Design single-family residence on a 1.55 Negative Declaration for the project. that the City Council approve the that not result in significant environmental and application based on the findings Staff believes that the proposed addition is, first of all,_ it would exist with respect to its size and design of a project in the Open Space district and Site and are aspects of the site and its situation to render Support the Variance. Staff has received and passed out-tiffs evening from John Baca. In response to Mr. Baca’s e-mail, Staff record, on page 14 of the Environmental Assessment, third that the number 3.7% be changed t.o 3.~96%. That was a typing other points brought up in the correspondence, Staff believes that a was provided in the EA for the project. Staff based their analysis sources listed, site-viSits ah-d meetings with the applicant and architect, project, this situation, the environmental setting, views, etc., and the self- ~ the City’s conditions of approval. We have members of Staff here to answer any of your questions. I know that the applicant and architect are in the audience. Mr. George White. Planning..]kJalg_ag~: If I could make one additional comment in the realm of City of Palo Alto --Page 3 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44- typographical corrections. On page 13 also, the 3.7% should be changed to 3.96%. Thank you. Chairman Byrd: Do any Commissioners have questions for Staff at this time? Seeing none, we will openthe public hearing and invite the applicant or the applicant’s representative to make the first presentation. You have 15 minutes to present your project and I would ask you please to state your name and address for the record. Ms. Leah Feliz, applicant. 3810 Page Mill Road. Palo Alto: the project that we are requesting. The design that we have come amount of impervious surface coverage that we would add the the roof being a shed roof. ~-It mimics the topography the existing house, and fits very well with the existing and looking at possibilities it was very difficult house that we don’t want to touch. There isn’t a lot of area~ did need to go up in order to satisfy all of the important to the open space as well as not increasing Tonight we are house one, to you mininuz" es the as the design of is standing we are We have here some photographs that show the shed roof and how it impacts the views. The around the plan-in the general area of where we’ve an idea of the existing the board they are The next board that we have, and we photographs of the existing house photographs of the final property, once the roof was on from everywhere else it is difficult to up Page I towards is gate by a for you to keep, we have tesign in place. Below some showing how it would look see the house. Pretty much these are the two views. One is just for Hill Park, you are looking back down on Page Mill Road, just in front of the Also on this wood the Class on Class A. roof with which they ~oi~i’ean see that on o orn, i~a~distance for the shingling. Right now the house is done with that but we plan tO change, any new building will have- retardant, at lease Class C but we are going to look into to redo the two roofs over where we are PrOPOSing to add shingles. The material we could use would be a cement some very light .weight tinted shingles that do mimic _real shingles. flyers that’s attached there. We’ve looked at that on housing and both shed roofs are up higher, they look exactly like the real shingles. Then the photographs for you to keep. There are two’copies again of what you saw on the board. It is possible on that model to remove the new roof and to look inside. Again, the only additional City of Palo Alto Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 37 38 39 40 41 42 43- impervious surface will be the room towards the back of the house :which is 434 square feet. Right now that part of the house has" a wooden deck which is pretty much on the ground. The gradiiag-is pretty much done already for us. It is a very flat part of the house which is another reason for selecting that area to construct. It was already graded when the house was built. We would need to only do a very small amount of grading because the new piece will go out a little bit further than where the deck is now. The grading would be about a square yard. Mr. Richard M0rrall. Architect. 1158 Chestnut Street. Menlo Park: I referring to the letter from Mr. Baca, the runoff and so on, the way the hill coming down basically following the slope of the roof [culvert] that runs through underneath the middle of the the property. Otherwise the house would act as a dam So es~, towards the hill, we are going to collect it and put it in that big enough or take it around the side of the house flat now comes through a [scupper] on the northwest side So is go!ng to end up in the same place. Ms. Feliz: I think that’s pretty much all of the proj Chairman Byrd: Commissioners, have comment, with the catch basin and back of shed it IS wa~r time? Thank you very much.- Are there other members of the the public hearing-and bring If you have Staff~ wis speak item? Seeing none, I will Close for discussion. ask them: is that Mr. White: that’s the the size ,~. There is no floor, area ratio in the Open Space District, on coverage 0nly. houses normally be allowed to build up to 6,000 square feet for the City? there? Or is that not a factor considered? How do you-- believe house size is still 6,000 square feet but I have to check the code to while we are discussing this. Cassel: That’s all I could f’md in the code when I ran through it. So would this house normally be allowed to build up to 6,000 square feet then? Mr, White: Presuming that they had the coverage to do so, yes. City of Palo Alto Page 5 1 2 3 4 5 6 7 8 9 10 11 ~.2 13 14 15 16 17 18 19 20 21 -22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42- 43 44 Commissioner Burt: Is this house visible from Foothills Park? Ms. Hutar: No, it is not visible. Commissioner Schink: To get the ball rolling, I’d like to move the Staff recommendation. Chairman Byrd: Is there a second? Commissioner Bialson: Second. Commissioner Schink: If I could speak to it briefly. provides us with the findings for the Variance.is has very minimal impact, it is well under what is in the Commissioner Schmidt: Bern and I visited the site on the house. The owner was very happy to show us not They have lived in this location for something like 30 Space lot size requirements as our Staff report says. hide it from any views as well as enhance the very nice job of keeping well and that the is hardly visible as can be seen from _the believe that the project meets all of the Staff report. So I also support this. walked .gh but the model and so on. house prior to the Open it to really help the~y have done a minimal change that ~have been created. I do for Site and Design as per Commissioner Beecham: Well, a very nicely designed house. as can be as out where a there. So on this very well. I think this is environment. It is tucked in as well to examine the view shed to f’md out almost all scenes around it. I must it has think anybody in Fremont will be looking back at you the hou for CO~l~ated. I haven’t wit~ihe findings here? the house today and you could see the story poles on see. I was having some problems with the findings of approval referring back to if they did a second. It just seems____ ....... with the project itself. Do we get into any trouble later on back continuously to if we did a one-story because we are not really it’s a one-story, we’re only comparing what’s here? Is this appropriate I think that it is important to the extent possible that when granting Variances you first make sure that.they are not do’rag any harm. That one, I believe, is an easy f’mding for everybody to make. The one that is more complicated is what standard you apply when you’re trying to decide whether a house should be expanded. Even if_ s_omebody _makes the case that they are doing it in the most sensitive City of Palo Alto Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 appropriate way, how much of an expansion is appropriate and are the people entitled to as a t-easonable use of this property, and at what point does it turn into special privilege for a small lot. I believe Staff’s conclusion is that we don’t know exactly where that line is but that this addition is on the permissible comparable use of the piece of property and not on the special privilege side. If there are better ways to articulate that, that the CommissiOn could suggest, we would welcome them. Commissioner Cassel: I just didn’t think we needed to add all the language if it is a single-story versus a two-story. It just seemed like it was needed to be. Not that I disagree with the f’mdings at all. happens than it I think the height of the building being the same height using two-stories instead of one-story where there is a unusual shape of the property is a-valid concern b~ circumstances. The necessity to provide this without have other sites that we’re not quite sure of up there in a lot of them. other sonable loss ,. We circumstance but there aren’t Ms. Furth: I think part of the reason we was because it was a Variance, Nancy may height and the coverage. We probably variance rationale and when we were of two-stories is more attuned to the is versus one-story i Variance to both the talking about the height Really the discussion Commissioner Burt: I concur compatible design and the area that I some stru Variance -if a can is _ o_ther Commissioners about the the basis for the Variance. The one D, the findings for the approval of the talked about a loss in property value if you could comment on that premise. Whether that don’t grant a Variance. Ms.-Furth:in ou~: ~’mdings because we don’t believe that is the standard a lot that was lawfully created and lawfully developed long these It is very easy to say, of course they need a Variance for foot setbackI otherwise it is unbuildable lot. I think it is easy to articulate the why a height is appropriate because it just works better for the criteria the City ~ tgn in that The one that is harder to articulate is how much do you-get to add to We is has to be something pertaining to the land not the household. I mean, a variance though it may be the basis for the application. We did not say of economic hardship. We are sure it is a valuable_property as it stands. felt that it was developed with what is a rather small house for both this size lot anywhere in the City and particularly in that area, and that it could be done with that small increment without any detriment or without any sense that you were granting special privileges. City of Palo Alto Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Commissioner Burt: Thank you. Chairman Byrd: What is the square footage-of the existing home? Ms. Hutar: The existing square footage is about 2,144. Chairman Byrd: About a 2,100 square foot house. Commissioner Cassel: I did the FAR. It comes out to .048. It’s Ms. Furth: The other circumstance which you may have cases people can deal with the impervious surface surface on the driveway. But again, because of the that it has a steep access, they can’t do that. So impervious area allotment simply to get to the house, time ago. that in a 1S was develo a long Commissioner Bialson: I generally agree with the especially struck by the analysis the Staff did this parcel if it was located in either the RE done improvement in a very sensitive area I appreciate what they’ve been able to Commissioners. I was be built on t. I think this a well shown by the applicant. this Variance. Chairman Byrd: Like difficult lot. The question is fmdings for the Site and Desi have to to square a is tough lot and project isn’t clearly in the best It at all clear to this very sensitive treatment for a very the for the Variance approval. I think second f’mding about whether we )yment of a substantial property right and or hardship, is harder for me to find. A 2,100 house. It is harder for me to make the finding that a It is not a question about building a new house on this loss involved here because nothing is lost if the there is an unnecessary hardship. The house has and the-question is whether ornot the additional impervious the granting of this Variance. I can sort of count noses ’m struggling with how to make that second f’mding in this case. ~that that is as easily made as Staff suggests. try because this is why I asked about the 6,000 square feet because t=ha~wa~~~6n m my rmnd. They would be able to put a 6,000 square foot house on this l~i~if_~:: ~.~°~:’ ~’~’~ ~ape and the slope of the lot or they would come m" with some way of doing it ~_hu~ ~the~narrowness of the lot, it is not that the value is there, that’s one of the problems I had. It is not that they lost value. There is nothing in Palo Alto that has lost value even if you take the house off it these days, it keeps going up. So it is the fact that reasonably they could add to the site to add more square footage to the house and they can’t do that in any way on the site that it City of Palo Alto -~ Page 8 :1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44- is, and for me, that is the unusual circumstances.The part of it that it meets. Commissioner Schink: Well, I think we all realize that there is nothing reasonable about any property values around here so it is hard to put this into proper context. But I think it is important for us to look back at what we as a Commission have done in the past. One example I’d like to point out to you is we, I believe, approved a Variance for Stanford University to allow a small carport to be placed within a setback. If you could somehow find that there was a substantial property right, a property value issue, we-could cross that hurdle for Stanford on Hill Road I certainly think you can make the same finding in this set of facts. Commissioner Beecham: I don’t know how the City that these fmdings are binary. That is either they gradations. For me, part of the decision is relative to is being requested is essentially so benign to the to give a shadow of a doubt decision, I’m certainly able to find that there is a property right at risk here. building a much larger facility I may have a what’s being requested here I feel comfortable with ~i i understand your point Jon different reason. The good news is own and in this case Bern is r project¯ or being but I never fred They for this I am are coming in and they were right. But given though for a slightly Each one stands on their posed by this proposed Mr. White: I’d like to take maximum house size. R-2, and it doesnot to answer the question about ~quare feet provision only exists in R-l, only limitation is lot coverage.. would be allowed on this lot. Mr. White: coverages story, Open District. the footprint of the house or all the impervious by code.. Now, obviously they could build a two- ways to create floor area. We don’t assess it tha(way in the ¯ 5 % is what footprint? did some calculations, it is insignificant. If it’s 3.5%, it has to include got two-stories, you are lirniX-ed by essentiallytwo-stories and 3.5 % if you out it, out of a huge lot. - Mr. White: This lot is roughly one acre. A 3.5% of one acre is about 1,526 square feet. .Chairman Byrd: Well, unless other Commissioners have additional comments I’d be inclined to City of Palo Alto Page 9 1 2 3 4 5 6 7 call the question. All those in favor? (ayes) Opposed? That passes7-0. Is it still correct that this item will go to Council on May 17th? Mr. White: That is correct. City ~f Palo Alto Page 10 PLANNING Attachment B COMMISSION STAFF REPORT TO:PLANNING COMMISSION FROM:Nancy M. Hutar DEPARTMENT: Planning AGENDA DATE: SUBJECT: April 28, 1999 3810 PAGE MILL ROAD (File Nos: 99-EIA-1, 99-V-3, 99-D-1): Application by Francoise Kirkman, Leah Feliz and Braudilio Feliz for ¯ a Variance and Site & Design Review to construct a two-story addition to an existing two-story, single-family residence on a 1.55 acre site and to consider_a Negative Declaration for the project. RECOMMENDATION Staff recommends that the Planning Commission recommend that the City Council approve the Negative Declaration (Attachment C)Twith a finding that the project will not result in significant environmental impacts, and approve the Variance and Site and Design Review applications for a two-story ~dditionto an existing t~vo-story, single- family residence on a 1.55 acresite, based on the attached findings and conditions. BACKGROUND In 1972, the City of Palo Alto created an Op(hSpace (OS) zoning district to protect and¯ _ preserve open space land as a limited and valuable resource and-topermit the reasonable use of open space (Section 18.71.010 of the Municipal Code). The OS regulations place certain conditions and restriction upon new development and additions to-existing =¯ development. The applicant filed a Variance application for the proposed project, because the elements of the two-story addition do no comply with the OS regulations. Approval of Site and Design Review is required for all uses permitted in the OS district - --for any development, construction o_r improvements (Section 18.71.040). The applicants’ house was built in 1967, about five years before the creation of the OS district and the 200-foot Special Setback. These restrictions were placed on development in this area at the time that the current ioriginal) owners were residing there. s[lp!anlpladivlpcsr[3810pa.ge.sr Page 1 When the application was submitted, staff determined that the Variance request should be for~varded directly to the Planning Commission for review and recommendation, rather than-requesting approval from the Zoning Administrator, because Section 18.90.105 of the Municipal Code states that when approval is sought for a variance in conjunction with a Site and Design Review application, both applications shall be processed concurrently and through the same process. Since the Site and Design Rev.iew application is first heard before the Planning Commission for recommendation, the Variance is presented here also. PROJECT DESCRIPTION Site Information The setting of the single-family home at 3810 Page Mill Road is rural and surrounded by undeveloped open space. The 1.55acre site is’bounded on the west by Foothills Park (which is part of the larger Foothills Open Space Preserve) and on the north by the Mid -Peninsula Regional Open Space District. Table 1 summarizes the proposed development compared to the Zoning Code development regulations. TABLE 1 PROPOSED PROJECT & CURRENT ZONING STANDARDS 3810 Page Mill Road Standard lot area minimum impervious area & building coverage maximum maximum height special setback from Page Mill Road standard setbacks parking ~ Zoning Code 10 acres 3.,50 % 25 feet 200 feet front - 30 feet side - 30 feet rear- 30 feet- 4 spaces (1 covered, 3 uncovered) Existing Development L55 acres 3.96 % 29 feet 30 feet front - 30 feet side - 95/120 feet rear - 10 feet 4 spaces (1 coveredl" 3 .uncovered) Proposed Project 1.55 acres 4.61% 28½ feet 47 feet front - 30 feet side 95/120 feet rear - 10 feet 4 spaces (1 covered, 3 uncovered) Deviation from Zoning Code -8.45 acres +1.11% +3½ feet -1_53 feet front - none side - +65/90 rear - -20 none s:lplanlpladivlpcsrl3 810page.st Page 2 .=2 Project Proposal The applicant proposes to construct a tnvo-story addition that would add approximately 1,169 square feet to the existing 2,144 square foot home for a total of 3,313 square feet. The site plan and sections (pages 1 and 2 of the blueprints) indicate that the addition would be located at the west side of the existing residence. The first floor addition would be located entirely to the rear of the house and the second floor section would be located to the rear and to the front of the house. Required parking will be provided by the existing four spaces (one covered and three uncovered), which are located outside of the front and side setbacks. No trees are proposed to be removed as part of the p~oject.__ The floor plans (pages 3 and 4) illustrate how the addition would be integrated with the existing house. The existing house has t~vo bedrooms and one additional room attached to one ot’the bedrooms that ig- used as a playroom. The addition would add one bedroom, one bathroom, an office space (all on the Second floor) and an expansion of the play room on the first floor. The footprint of the addition would add 15 feet to the rear of the house. The width of the new footprint would be within the setback Of the existing structure. The elevations (pages 5 and 6) indicate that the proposed construction materials will match the existing wood siding. The addition would add a pitch to match the existing roof pitch, but at a lower.overall height of 6 inches (the existing west side of the home has a fiat roof). The entire roof would then be replaced v¢ith fire-retardant v¢ood shingles. POLICY IMPLICATIONS 1998-2010 Comprehensive Plan The Comprehensive Plan land use designation for the project site is Open SPace/Controlled Development. This designation allows for some development on the parcel. However, the proposed addition is considered an incidental development on the site, because the site has already been developed with a single-family home. The addition would add approximately 1,169 square feet to an existing 2,.144 square foot home for a - total of 3,313 square feet. Table 2 summarizes the existing surrounding land uses ~and designations. s:lplan[pladivlpcsrl3 8 l0page.sr Page 3 TABLE 2 EXISTING USES AND DESIGNATIONS 3810 Page Mill Road Location North South East West Project site ....Existing Uses Mid Peninsula Regional Open Space District Page Mill Road, open space open space Foothills Park single-family home Comprehensive Plan Publicly Owned Conservation Land Open Space/Controlled Development - - Open Space/Controlled Development Publicly Owned Conservation Land Open Space/Controlled Development Zoning ,, Open Space/Special Setback ¯ Open Space/Special Setback Open Space/Special Setback Public Facilities Open Space/Special Setback Policy L- 1 of the 1998-2010 Comprehensive Plan indicates the tNlowing "...t0 retain undeveloped land west of the Foothill Freeway and Junipero Serra as open space, with allowances made for very low-intensity development consistent with the open space character of the area .... " Although the project site is west of the Foothill Free~vay and it is not located within the City’s urban service area (map L-2 of the Comprehensive Plan), it is not undeveloped land, because it is already developed ~;vith a t~vo-story single-family home. Therefore, the addition of a two-story section to the rear of the property is not in conflict with this policy and the project is in compliance with the goals and intent of the Comprehensive Plan. Zoning ’ The Open Space/Special Setback district contains the following~regulations for individual properties: (1) a minimum required lot area o.ften acres, (2) a maximum impervious area and building coverage of 3.50 percent, (3) a minimum Special Setback district_along Page Mill Road which prohibits development within 200-feet of the right-of-way, and (4) a maximum height limit of25-feet. A Variance is requested to allow for the proposed addition to: (1) exceed the maximum allowed impervious surface coverage of 3.50 percent-to a maximum of 4.61 percent; (2) .... encroach into the Spe.eial Setback of a minimum 200-feet allowed from Page Mill Road wtiere the applicant proposes a setback of 47 feet; and (3) exceed the maximum allowed -height limit of 25-feet to a maximum of 28½ feet. - s:[planlpladivlpcsr13810page.sr - -Page 4 The lot was legally created in 1967, five years prior to the implementation of the OS, Special Setback regulations. The entire lot is located within the 200-foot Special Setback from Page Mill Road. The existing home already exceeds the maximum impervious lot coverage at 3.96 percent, due to the size Of the lot. The existing home already exceeds the height limit at 29 feet. The applicant is proposing to build up with two stories rather than out, because the proposed second story portion of the addition is visually unobtrusive. Therefore, impervious site coverage is minimized. .SUMMARY OF SIGNIFICANT ISSUES Site and Design Review Site Design The new addition would be located on a developed parcel fronting on Page Mill Road. The proposed addition will be accessed from an existing driveway that would lead to the existing carport and o_pen parking area. The proposed addition is located at the rear and front of the home, along the west elevation, facing the Foothills Park. Architectural Design The proposal incorporates natural materials and colors in keeping with the existing architectural qualities of the existing house. The design and proposed roof pitch mimic the existing home and reinforce the natural quality of its surroundings. Materials, Aesthetics and Visibility The site contains a number of mature trees and shrubs that serve to minimize the visual impact of the existing home as well as the proposed addition. No removal of trees or vegetation is proposed as part of this project. Consistent with the rural surroundings, the structure will be stained brown with a brown wood composition roof. The windows and skylights are conditioned to be constructed with non-reflective glass. These materials and colors combine to blend harmoniously with the partial impervious drive and walkways, as well as the site’s natural surroundings. Site Grading " No cut or fill is proposed as part of the project. Minor grading will occur as part of the standard foundation construction for the addition’s footprint. Drainage --~-~ Site drainage will be provided through on-site percolation. s:[planlpladivlpcsrl3 810page.sr Page 5 -.Utilities : The existing residence is currently being served by City utilities and, therefore, no extension of municipal utilities will be required. Variance Special Setback The required front setback on this parcel is 30 feet in the OS zone district. In addition to the standard 30 foot setback, a special 200 foot scenic setback from Page Mill Road also applies to the property. This setback ~vas established after the house was built and as a result the home is well within the 200 foot setback. Due to this unusual situation, any addition to this nonconforming home would require Variance approval. The proposat other~vise meets the standard front and side setback requirements of the OS zone district (the rear setback is existing, non-conforming at ten feet from the property line). Impervious Surfaces and Lot Coverage : The existing home and driveway covers the lot with 3.96 percent of impervious surface (2.77 percent for the existing house and 1.19 percent for the driveway), which already exceeds the maximum allowable coverage of 3.50 percent. Site improvements related to the proposed development would result in a total impervious coverage for the lot of 4.61 percent (3.42 percent for the house with the addition and 1.19percent for the driveway). The applicants’ request for this component of the Variance is due to the lack of other options for the location of the addition. As statedpL_e~ious_ly, the applicants decided to build up with t~vo-stories rather than out with a single-story addition ifl order to preserve open space. If th~ addition were to be contained entirely within a single-story, the lot coverage would calculate to approximately 5.70 percent coverage (4.51 percent for the house and 1.19 percent for. th~driveway). A single story addition would also result in the loss of one or more mature, healthy trees. An option was pursued by staff to reconstruct that part of the driveway which is concrete (.800 square feet) into some type of pervious surface. However, the ’Fire-Depart.ment indicated that due to the steep grade_of_the driveway, the concrete was necessary for Safety vehicle access. s:[planlpladivlpcsrl3 8 lOpage.sr The lot wascreated legally before the OS standards were set in place. If the lot were 10 acres, the maximum coverage of 3.5 percent would yield impervious surfaces of 15,246 square feet. This home has not been altered in 30 years and it current contains two bedrooms and tnvo bathrooms within just over 2,100 square feet. For comparison, if the home was located in the Residential Estate District of the Ci~’, which requires a minimum lot size of one acre, the maximum allowable coverage is 25 percent which calculates to approximately 16,836 square feet for this lot. The 3,313 square feet of total house the applicant is requesting would be permitted on a lot of 7,362 square feet in the R!~., R-1 and R-2 zones of the City. Page 6 -_Height ~ The existing residence is 29 feet in height, which already exceeds the maximum allowable height for the OS zone of 25 feet. The applicants’ proposed height is 28½ feet for the addition, which also would exceed the maximum allowable height. As discussed in the above section related to impervious surfaces, the applicants believe that a greater environmental benefit is achieved by adding a second story rather than building the addition entirely within a single-story. If the lot was 10 acres, a better opportunity to build a single-story home or single-story addition may be possible. However, as illustrated on the site plan and Section D (sheets 1 and 2 of the blueprints), the most level area of the site is where the proposed addition is located. Locating the addition in other areas of the site or on a single-level would require. the removal of healthy, mature trees or would increase the visibility of the addition from public right-of-ways. ¯ For comparison purposes, in the Residential Estate District of the City (which is the most comparable zone to this property) the maximum height allowed would be 30 feet. The maximum height allowedin both the R-1 and R-2 districts is 30 feet. The Planning Commission could condition the application to lower the roof pitch or to incorporate a flat roof design for the addition so it will not exceed the 25-foot height limit. Staff believes that although such conditions would eliminate the need for this-component of the Variance request, the resulting architectural design would result in a less "harmonious" or "compatible" building style. Additionally, as propased, the_new addition supports the intent and goals of the Open Space District in that the design is not visually intrusive, the forms and roof pitch mimic the natural topo~aphy and existing roof line, existing tress are preserved, and no grading is proposed. FINDINGS AND CONDITIONS Findings and conditions for approval of the Variance, Site and Design applications and the Op.en Space District are attached (Attachments D, E, F, and G). PUBLIC NOTICE . Public Notice of the Planning Commission review of the project was provided by publication of the agenda in a local newspaper of general circulation. In addition, . property owners and utility customers within 300 feet of the project site were mailed a notice card. s:lplantpladivlp~sri3 810page.sr ENVIRONMENTAL ASSESSMENT The project is subject to environmental review under provisions of the California Environmental Quality Act (CEQA). An environmental impact assessment was prepared fo.r.the project and determined that no potentially adverse impacts would result from the Page 7 ne~X, addition and, therefore, the project would have a less than significant impact on the environment. The Negative Declaration was made available for public review from April 7 through April 28, 1999, and is attached to this staff report (Attachment C). ACTION TIME LIMITS- Date of application: Date of application deemed compete: Action time limit (180 days after deemed complete): Optional extension at applicants’ request (90 days): January 11,999 February 9, 1999 August 8, 1999 November 6, 1999 Following the Planning Commission hearing,, the project applications are tentatively scheduled to be considered by the City Council on May 17, 1999. ATTACHMENTS Attachment A: LocatiorrMap Attachment B: _ Applicants’ project statem~nt Attachment C: Negative Declaration and Environmental Impact Assessment Attachment D: Findings for Approval, Variance Attachment E:Findings for Approval, Site & Design Review Attachment F:Findings for Open Space Criteria Attachment G:Conditions of Approval Plans (Commissioners only) COURTESY COPIES Francoise Kirkman, Leah & Braudilio Feliz, 3810 Page Mill Road, Los Altos, CA 94022 Mid Peninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022 - Prepared by: Reviewed by: Approved by: Nancy M. Hutar k George White, Planning Manager Eric Riel, Jr., Chief Planning Official s:lplan[pladiv[pcsr13810page.sr Page 8 ATTACt-E-MENT A FOOTHI,LLS PARK Project: 3810 Page Mill Rd Graphi_c Attachment to Staff Report pm OS IO Zoning Administrator Department of Planning and Community Environment Palo Alto City Hall, 5th Floor 250 Hamilton Avenue Palo Alto, CA 94301 Re: -Kirkman;F~lizResidence - 3810 Page Mill Road . Los Altos, CA 94022 Janu~.ry 1.1, 1998 To the Zoning Administrator, At 3810 Page Mill Road you come to the first house on Page Mill after an almost 2 mile drive up from Moody Road. This house was built in the late 1960s and has a unique architectural design. Covered with wooden shingles it blends well with it’s surroundings of mostly natural chaparral. Around the sides of the house my father and mother planted redwoods and oak trees which have now grown healthy and tall and successfully help to camouflage the house from view. There is some landscaping close to the house, but mostly we have preserved the natural vegetation. There are a couple of fruit trees to tl~e East of the house as well. The existing house on Page Mill Road has a dysfunctional floor plan. The house currently has two bedrooms and we are 3 adults and 2 children. We would like to add an additional bedroom, bathroom and family room to have appropriate living space and in order to improve the value of the property. ~ In doing so we have come up with a plan which respects the design 0fthe house, making the addition an asset to the property while respecting the limitation on space, as well as protecting the trees which are planted close to the house. The design also respects the environment which requires that a house blend in with the surroundings. Our first variance request is with respect to the coverage of the property. The existing houseon a property purchased and developed in 1967 already covers more-thanihe 3.5% allowed (.house 2,144 sq. ft., pavement 620 sq. ft., total 2764 sq. ft. on 1.546 acres = 4.1% existing coverage). The proposed addition would add only 468 sq. ft. in coverage (4~/’~ total covei’age) This property is only h546 acres, having been purchased and developed in 1967, and therefore the limitation on coverage, based on a 10 acre or more lot, would prevent this properiy from ever being improved. The granting of the variance is needed for us to be able to improve said property in order to maintain it’s value and make space appropriate for property, owner/residents. The inability to increase the sa,’~’e.._, footage_ of .the property would prevent us from living here due to la:k of space and -would cause a loss in property value (the house was built in the 1960’s and needs improvement). Our proposed addition would add space by creating a second story and would thereforekeep the increase in coverage to a minimum. "The granting of the ~variance’ will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safe!y, general welfare or convenience." Our closest neighbor is more than a mile away. The house is not easily visible from many places and the proposed addition ,,,,’ill have it’s greatest impact on the back of the house. Our second variance request involves the 200 foot "Scenic Corridor" setback. The property line ends well-before this setback (again the property having been purchased and developed in the 1960’s), which means the house could never be improved if this variance is not granted. The current residence already exists within this setback and the proposed addition would be mostly to the back of the house. As with the Variance on coverage, without being b.ble to develop this property we would be unable to continue living here due to lack of space and the value ofthe house would be affected negatively. Please see "c" above as it would be the same for this variance. Our third variance request involves "height limit". Our addition, in order to limit our increase in coverage and preserve the trees planted close to the house, proposes a secc~nd story’. In order to maintain the integrity of the building we would like to maintain the roof design already existing on the other half of the house. This shed roof. rises,to 29 feet at a steep 8 ~/~ feet-in-12 feet pitch. We had originally designed the new addition to be 32 feet high, but were asked to reconsider going over-the existing roof height. Therefore, we- - have comeup ~vith a new design which lowers the height to 28.6 feet (lower thanthe existing roof). Changing the roof pitch to lower the peak would make it impossible to maintain adequate height within the structure without raising the front wall.. This would make a greater visual, impact, and would destroy the architectural integrity of the building. Most ofthe roof including the highest point, ‘,~’0u’lT:t be hidden behind our redwood trees and woul~l not be ‘,’isible from anywhere offthe property (see photographs). This ‘,vould respect the environment which requires that the house blend into the surroundings. The slanted roof echoes the slope of the hill on which it sits. Again, without granting this variance, it becomes difficult for us to improve the pr_operty gi.ven the limitation on space around the house, the need to add on in a manner which improves the value of the property, and the need to create a roof’line which is not offensive to it’s surroundings. Please see "c" abor,-e as it also applies to this variance. _ We value the philosophy of the Open Space District and have spent man?’ .,,’ears su~oonin_-, the parks and the Open Space in general. \Ve understand w>,,. vou have put ¯-." inta place limitations and restrictions in order to protect tb, is zone. We ,,vouId like to come to an agreement and ask for your support in granting our request for .variances on this existing property. This would allow us to continue enjoying our liv, es in this privileged area while maintaining our property value. We thank you for your time and assistance in working through this process with us. Sincerely, Leah and Braudilio F~liz (applicants) Fran~oise Kirkman (owner/applicant) ENVIRONMENTAL CHECKLIST FORM City of Pal. Alto Department of Planning and Community Environment t 10. Project Title:- Lead Agency Name and Address: , 3810 Page Mill Road City of Pal. Alto - Planning Division 250 Hamilton Avenue Pal. Alto, California 94301- ---- Contact Person and Phone Number: Project Location: Application Number(s): Nancy Hutar, Contract Planner 650-329-2441 3810 Page.Mill Road Pal. Alto, California 99-EIA-1, 99-V-3 & 99-D-1 - Project Sponsor’s Name and Address: General Pla~ Designation: Francoise Kirkman, Leah & Braudilio Feli~ 3810 Page Mill Road Los Altos, California 94022 Open SpacelControlled Development Zoning:Open Space (OS), Special Setback Description of the Project: An application for Variance and Site and Design Review approval to construct .a two-story addition to an existing two-story, single- _ family residence on a 1.55 acre site. Approval of the Variance w6uld allow for the proposed addition to! (1) encroach into the Special Setback of 200-feet from Page Mill Road (the existing house already encroaches into the Special Setback area); (2) exceed the maximum impervious surface coverage of 3.5 percent (the existing parcel already exc_eeds the lot coverage at approximately 3.7 percent); and (3) exceed the maximum height limit of 25-feet (the existing house already exceeds the height limit at 29 feet). Approval of the Site and Design Review is required for all uses permitted in the OS district for any development, construction or improvements (Section 18.71.040). Surrounding Land Uses and-Setting:I~orth: open space, Foothill Park o.East: open space South: Page Mill Road, open space ~.YYest: open space 1.t.. 1.-Other public agencies whose approval is required. S .P’-,4,’~’,m’.-4-OI~,EI,4 ’,3810page,n~-w [4 C6, 93/ None. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources GeologylSoils Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise PopulationlHousing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance DETERMINATION: On the basis of this initial evaluation: find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project COULD have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project propone_nt. A MITIGATED NEGATIVE DECLARATION v~ll be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect: 1) ha.s been adequately analyzed- i~ an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project COULD have a significant effect on the environment, bec_ause all poten~ally significardLeffects (a) have been analyzed adequately in an earlier EIR or NEGATIVE D_ECLARATION.pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR o~ NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. X Nancy M. ,H’iJtar, Cont,=act Planner ~-.C_,_~w’f, ,DireCtor ~f Planning and Cc~rnmunity Environment Date Date EVALUATION oF ENVIRONMENTAL IMPACTS: 1) 2) 4) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the .information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sourcesshow that the impact simply does not apply to projects like the one involved (e. g. the project falls outside a fault rupture zone). A "N~ Impact" answer should be explained where it is based on project-specific factors as well as general standards (e. g. the’ project will not expose sensitive receptors to pollutan!s, based on a project-specific screening analysis). All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers muz.~ indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an--~ffect may be significan.t. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. "Negative Declaration: Less Than Significant VVith Mitigation Incorporated" applies where tlie incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less~lhan Significant Impact." The lead agency must desc.ribe the mitigation measures, and bdefiy explain how they reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross-referenced). Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effe.ct has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (o) (3) (D). In this casea brief discussion should identify the following: a)Earlier Analysis Used. Identify and state where they are available for review. b)Impabts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c)Mitigation Measures. For effects that are "Less than Significant w~th Mi~gation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document add t_he. extent to which they address site-specific conditions for the project. 6)Lead agencies are encouraged to incorporate into the checklist references to informatio~ sources for potential impacts (e.g. general plans, zoning ordinances), Reference to a previously prepared or outside document should. where appropriate, include a reference to the page or pages where the-statement is substantiated. _ 7)Suppor’,ing Information Sources: A source list should be attached, .and other sources used oj" individuals---~ contacted should be cited in the discussion. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the ~lUeStions from this checklist that are relevant to a project’s environmental effects in whatever format is selected. 9) The explanation of each issue should identify: __ a) The significance criteri~ or threshold, if any, used to evaluate each question; and b)The mitigation measure identified, if any, to reduce the impact to less than significance. IIssues and Supporting Inforrn.,don Sources Significant PotentiallVSignificant Unless I~,t~t,gation Incorporated Less Than ~ig n~,ficant Impact a) b) c) d) i1. b) AESTHETICS. Would the project: Have a substantial adverse effect on a scenic vista? Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Substantially degrade the existing visual character or quality of the site and its surroundings? Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 1,3,4 1,3,4 1,3,4 1,3,4 AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the Ca|ifomia Dept. of Conserva~:ion as an optional model to use in assessing impacts-on agriculture and farmland. Would the project: c) Ill. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Conflict with existing zoning for agricultural use, or a VVilliamson Act contract? Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? 1,2,3, 4 1,2,3~ 4 1,2,3, 4 AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: -- X X X X X X a) Conflict with or obstruct implementation of the applicable 1,4,6,X air quality plan?" 9 ’ b) Violate any air quality standard or conbibute substantially 1,4,6,I X to an existing or projected air quality violation?9 c)X 4 Result in a cumulatively considerable net increase of any Criteria pollutant for which the_project region is non- attainment under an applicable federal or state ambient air quality s~tandard (including releasing emissions which exceed quantitative thresholds ~r ozone precursors)? d)Expose sensitive receptors to substantial pollutant concentrations? e) - Crea~=- " =’ebjecuonable’ - ’ " odors affecting a substantial number of people? 1,4,6, g 1,4,6, Issues and Support~,ng Information Sources Potentla,,xSignificant Potenti;~IIy Less "Than S~gnlt~cant Significant Unles~Impact Incorporate~l._ _ IV. BIOLOGICAL RESOURCES. Would the project: a)1,4,16 XHave a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b)Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and VV~ldlife Service? .... c)Have a sulsstantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) e) Interfere substantially with the movement of any native resident or migratory fish or wildlife, species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Ha~oitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 1,4,16 .1,4,16 1,4 1,4 X X X X V. CULTURALRESOURCES. Would the project: a)Cause a substantial adverse-change in the significance of 1,4,8 a historical resource as defined in 15064.57 b)Cause a substantial adverse change in the significance of 1,4 an archaeological resource pursuant to 15064.5? c)D~-e-ctiy or indirectly destroy a unique paleontological 1,4 resource or site or unique geologic feature? d)Disturb any human remains, incJ~d!ng those interred - 1,4 outside of formal cemeteries? Issues and Supporting Inforn,,~tion Sources Sources Potentiall~ Signl~cant Issues Potentially Significant Unless t,l=tig=tion Incorporated Less Than Significant _ Impact In~pa~t VI. GEOLOGY AND SOILS. Would the project: a) b) c) d) e) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist-Pdolo Earthquake Fault " Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? Result in substantial soil erosion or the loss of topsoil? Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? 1,4 1,4 1,4 1,4 1,4,7 1,4,7 1,4 1,4 X X X X X X X X X Vll. HAZARDS AND HAZARDOUS MATERIALS. Would the project? a) Create a significant hazard to the public or tJ’ie ÷ 1,4,11 environment through the routing transport, use, or disposal 12,13 of hazardous materials? b)1,4,13Create a significant hazard to the public or the environment through reasona_bly foreseeable upset and accident conditions involving the release of hazardous- materials into the environment? Emit hazardous emissions or h.~ndle hazardous or acutely hazardous materials, substances, or waste ~thin one- quarter mile of an existing or proposed school? X Xc) 6 Issues and Supporting Information Sources Sources Significant Issues Potentially Significant Unless Mitigation Incorpor~t’e<:3 Less Than Significant - Impac~ d) e) g) h) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? For a project located within an airport land use plan or, where such a plan has not been adopted, w~thin two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working the project area? Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? - " Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Viii. HYDROLOGY AND WATER QUALITY. Would the project: a) 1,4,13 1,4 1,4 1,4,11 12,13 1,4,12 X X X X X b) Violate any water quality standards or waste discharge requirements? Substantially deplete groundwater supplies-~Tinterfere. substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existin.g nearby wells would drop to a level which vjould not support existing land uses or planned uses for which permits have been granted)? c) d) Substantially alter the existing drainage pa~em of the site cr area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially=increase the rate or amount of surface runoff in a manner which would result in flooding on, or off-site? Create .~r contribute runoff water which would exceed the cal~a.ci.~ of existing or planned stormwater drainage systdms or provide substantial additional sources of polluted runoff? 1,4,17 1,4,7 17 1,4,7 17 1,4,7 1-7 1,4,17 Issues and Supporting Inform=don Sources 8ources Potentiatly Significant Issues Potentially Significant Unless Incorporated Less Than Signlfic.~nt Imp~ f)Otherwise substantially degrade water quality? g) h) I) J) a) b) c) b) XI, Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Place within a 100-year flood hazard area structures which would impede or redirect flood flows? Expose people or structures to a significant risk of loss, injury or death involve flooding, including flooding as a result of the failure of a levee or dam? 1,4,6, 17 1,4,5 1,4,5 1,4,5 X X X Inundatior~ by seiche, tsunami, or mudflow?~1,4 X LAND USE AND PLANNING. Would the project:_~ Physically divide an established community?X1 1,2,3 X Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (incl~Jding, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Conflict with any applicable habitat conservation plan or natural community conservation plan? MINERAL RESOURCES. Would the project: 4 1,2,3 4 X X Result in the loss of avail-ability of a known mineral resource that would be of value to the region and the residents of the state? Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, ~pecific plan or other land use plan? NOISE. Would the project result in: Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? = b)_ Exposure of persons to or generation of excessive ground -- borne vibration or ground borne noise levels? 1,4 1,4,14 X c)A subs~ntiat permanent increase in ambientnoise levels in tha 15roject vicinity above levels existing without the project~ 1,4,14 1,4,6 14 8 Issues and Supporting Information Ssurces Potenti=., Significant Issues Potentially Significant Unless M=tigation Incorporated Less Than Significant impact d) e) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? For a project located within an airport land use plan or, where such a plan has not been adopted, would the project expose people residing or working in the project area to excessive noise levels? 1,4,6 14 f)For a project within the vicinity of a private airstrip, would !i X the project expose people residing or working in the project area to excessive noise levels? XlI. POPULATION AND HOUSING. Would the project: a)1,4 XInduce substantial population growth in an.area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing,1,4 X necessitating the construction of replacement housing elsewhere? c)Displace substantial numbers of people, necessitating the 1,4 X- construction of replacement housing elsewhere? XlII.PUBLIC SERVICES. a)XWould the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios,.response.times or other performance objectives for any of the public services: Fire protection? Police protection? 1,4,7 10,11, 12 Schools? Parks? ~ - _~Other public facilities? Issues and SuppoSing Inform,~,ion Sources Poten_tiall~ Significant Issues PotentiallVSignificant Unless Mitigation Incorporated ,~ignificant Impact XlV.RECREATION 1,3,4 Xa) b) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? 1,3,4 XV. TRANSPORTATION/TRAFFIC. Would the project: a)1,4,1 0 b) c) d) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Result in change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Substantially increase hazards due t6 a design feature (e.g., sharp curves or dangerous intersections) or ¯incompatible uses (e.g., farm equipment)?___ e) Result in inadequate emergency access? 1,4,1 0 1 1,4,10 1,4,10 11,12 1,2,4 ¯"1,4,1 0 X X X X f)Result in inadequate parking capacity? g) -Conflict w~th adopted policies, plans, o~ programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a)1,4,6 15 Exceed wastewater treatment requirements of the a~piicable Regional Water Quality Control Board? Require or result in the construe.tion oi’ new water er wastewater treatment facilities o~ e~pansion of existing facilities, the construction of which could cause significant environmental effects? Xb)1,4,6 15 c) d) e) f) g) Require or result in the construction of new storm water drainage-facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? . Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate cap_acity to serve the project’s projected demand in addition to the provider’s existing commitments? Be served by a landfill with sufficient-permitted capacity to accommodate the project’s solid waste disposal needs? Comply with federal, state, and local statutes and regulations related to solid waste? 1,4,6 15 1,4,6 15 1,4,6 15 1,4,6 15 1,4,6 15 X X X X X XVll.MANDATORY FINDINGS OF SIGNIFICANCE. a)~--~X b) Does the-project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildtife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually limited, but, cumulatively_considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Does the project ha.ve environmental effects which will cause substantial adverse effects on human beings, either directJy or indirectly? X SOURCE REFERENCES: Palo AJt~ Comprehensive Plan 1998 - 2010, July 20, 1998 (as amended) __Cit:y-.of Palo Alto Municipal Code~-.Title 18 (Zoning Ordinance) Planner’s general knowledge of tffe project and area of proposed development Palo AJto Comprehensive Plan Update Environmental Impact Report, December 1996 FEMA Flood Insurance Rate Map, Community Panel Number 060348-5, lVlap Revised September 6, 1989 City.9. f P~I. o-Alto Standard Conditions of Approval City o~ I=alo Alto Public Works Engineering Department -- Palo AJto "Historical and A~chitectural Resources of the City of Palo Alto", February 1979 Palo f.Jto Comprehensive Plan Update: Air Quality T.e~hnical Background Report, August 1~.~-’ II 10-City of Palo Alto Transportation Division 11-City of Palo Alto Police Department J 12 City of Palo Alto Fire Department 13 City of Palo Alto Fire Department, Hazardous Materials Division 14 Palo Alto Comprehensive Plan Update: Noise Technical Background Report, August 1994 15 City of Palo Alto Utilities Department 16 Fish & Game Code of California, "Chapter 1.5, Endangered Species", Sections 2050 through 2098 17 Santa Clara County Water District, Ordinance 83-2, as amended October 11,1985 EXPLANATION FOR CHECKLIST RESPONSES: I.Aesthetics Construction of the proposed addition will add to an existing structure in a primarily open space area of the City. The proposal will not result in the obstruction of any scenic vistas or views open to the public, even though Page Mill Road Is a designated scenic roadway. Also, the proposed addition will be mostly to the rear of the existing residence and the second story portion will be heavily screened from Page Mill Road bY the existing redwood trees. The subject site will not be visible from any portion of the trails in the Foothills Park, Additionally, the Midpeninsula Open-Space District has indicated that the proposed addition would not be visible from MROSD lands. The proposed addition to the single-family residence will create additional light and glare, but to an insignificant effe.~ct_. _ From Page Mill Road, a s~iding glass doorway will lead out to the second story deck~ but the room will be a bedroom and presumably the interior will be shielded with some type of window covering that will minimize light spill from the room to the outside at night. Windows have also been provided.on the other two sides bf the addition, but these elevations face away from Page Mill Road and cannot be seen from other residences or from the Foothills Park. The proposal, integrates the addition wi~h the existing structure and natural surroundings by utilizing red cedar shingle siding. The entire house (including the addition) would then have a new roof of fire retardant: composition shingles. The aesthetic effe~’.ts o; the home will be reviewed by the Planning Commission as part of Site and Design Review Development. Mitigation Measures: None required. Ag riculture Resources The site is not located in a Prime Farmland, Unique Farmland, or Farmland of Statewide Importance area, as shown on the maps prepared-pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency. The site is not zoned as an agricultural use, nor is the site regulated by the Williamson Act contract. III. Mitigation Measures: None required. Air Quality " The short-term alr quality impacts of new construc~tion include construction equipmer~t emissions, vehicle emissions, emissions from power and gas generation, and dust from excavation, grading, demolition, and debris transport that may accompany individual projects. Standard conditions of a.cproval will include control of construction emissions and dust control during co~ction. Long-term emissions are usually associated with an increase in vehicle trips, use of power and natQra! gas, use of generators, heaters and ~ther equipment for the operation_and maintenance of hcmes and other facilities. The proposed addition to an existing single-family home will not create long term emissions, because no new vehiCle°trips are anticipated. The site will remain as a single-family home and no new units will be added asa result of the proposed addition, ML~igation Measures: None required. IV. VI. VII. - Biological Resources The City Planning Arborist has reviewed the project and has determined that no significant biological resources would be impacted by the proposal. The applicant does not propose to remove any trees and the one large tree at the rear of the site will be protected from construction activities, as required by the Planning Division’s standards conditions. Although the project site is identified as being in a riparian habitat in the Comprehensive Plan (map N-l), no natural watercourse, lake or tidewater exists on the property. The west fork of Adobe Creek does lie to the south of the property, but it is very far across Page Mill Road Therefore, the proposed addition will not have an impact on such a habitat. The project-site is identified as being in, and surrounded by, the biotic community of Oak Woodland with Chaparral area to the north (Figure 29 of the Comprehensive Plan EIR). The proposed addition to this single- family home will not disturb the existing plant life, because no trees or vegetation is proposed to be removed. Mitigation Measures: None required. Cultural Resources Maps L-B and L-9 of the Comprehensive Plan indicate that the project site is-located within an Archaeological~ Resource Area of Low Sensitivity and not within a Williamson Act property. Also, the "Historical and Architectural Resources of the City of Palo Alto" (February 1979) report do~s not identify this home as a significant resource for the City. Mitigation Measures: None required. Geology and Soils The entire state of California is in a seismicallyactive area and the site is located in a strong seismic risk area, subject to very strong ground shaking in the event of an earthquake. Seismic ground failure, including liquefaction and subsidence of the land are possible at this site, as identified on maps N-5 and N-10 of the Comprehensive Plan. No known faults cross the project site, therefore fault rupture at the site is very unlikely, but theoretically possible. All new construction will be subject to the-provisions of the most current Uniform Building _C.o_d~ (UBC) which are directed at minimizing seismic risk and preventing loss of life and property in the event of an earthquake. Construction of the project will not increase the amount of landscaping on site, but it will increase the amount of impervious surface area without significant changes to site topography~ Currently, the site has a 3.96% coverage of impervious-surface on the site (approximately 2,669 square-feet). The first floor of the two-story addition would add approximately 434 square-feet to the impervious surface coverage, which calculates to a 0.65% increase. Also, site soil modifications are not expected to result in significant environmental impacts. The City’s required standard conditions of approval ensure that potenti’at impacts on erosion and soil will not be significant. Project conditions of approval will require the applicant to submit a final grading and drainage plan, subject to review by the Department of Public YY_orks prior tO the issuance of any grading and building permits. Additionally, the City’s Public Works Department has waived the requirement for a preliminary soils report, due to the relative insignificance of-the proposed additio~n. Mitigation Measures: None required. Hazards and Hazardous Materials A hazardous material is defined as an injurious substance, including pesticides, herbicides, toxic metals and chemicals, volatile chemicals, explosives, nuclear..fuels or low-level radioactive wastes. -Activities that handle VII. IX. hazardous materials are found throughout the City, even in residential areas and homes. The proposed addition to the single-family home will not involve the use, storage or handling of hazardous materials or waste other than that already associated with typical households. ~Mitigation Measures: None required. Hydrology and Water Quality With the City’s required conditions of approval, the water impacts of the project will not be significant and by project completion there will not be significant additional runoff from the site, due to the insignificant increase in the amount of impervious surfaces compared with the existing use (as stated in Geologic Issues, above). The standard conditions of approval will require that a drainage plan be submitted which includes drainage patterns on the site and from adjacent properties. The construction contractor will be required to incorporate best management practices (BMPs) for storm water pollution prevention in all construction operations, in conformance with the Santa Clara Valley Nonpoint Source Pollution Control Program. The proposed impervious area and building coverage does exceed the maximum 3.5 percent allowed in this zone district (PAMC 18.71.080), but the existing residence already exceeds the allowed coverage at 3.96 percent. Occupancy of the proposed residence, including associated driveways and terraces, and other impervious surfaces, will increase the amount of storm-water runoff leaving the site over the existing, undeveloped condition. As required by standard conditions of approval the developer will be required to prepare a final grading plan for approval by the City. The project site is not within a groundwater recharge area, as identified on map N-2 of_the Comprehensive Plan. The site is also not within an area subject to potential flooding in a lO0-year flood event (map N-6 of the Comprehensive Plan) or a dam inundation area (map N-8). - .... Mitigation Measures: None required. Land Use and Planning The General Plan designation is Open Space/Controlled Development. This designation allows for some development on land that has all the characteristics_of_open space. The setting of the home at 3810 Page Mill Road is rural and there is a characteristic of open space, especially since the site is surrounded on the west by Foothills Park (which is part of the la_rg~r Foothills Open Space Preserve)- and on the north by the Midpeninsula Regional Open Space District. However, the proposed addition is considered an incidental development on the site, because the site has already been developed with a single-family home. The addition would add approximately 1,169 square feet to an existing 2,144 square foot home. The house was built in 1967, about five years before the creation of the OS district and the 200-foot Special Setback. Such restrictions were placed on-development in this area at the time that the current (original) owners were residing there. The first policy in the 1998-2010 Comprehensive Plan is to "...retain undeveloped land west of the Foothill Freeway and Junipero Serra as open space, with allowances made for very low-intensity development consistent with the open space character of the area .... " Although the project site is west of the Foothill Freeway and it is not located within the City’s urban service area (map L-2 of the Comprehensive Plan), it is not undeveloped land, because it is already developed with a two-story single-family home~ Therefore, the - addition of a two-story section to the rear of the property is not in conflict with this policy and the project is in compliance with theg_oals and intent of the Comprehensive Plan. The Zoning designation is Open Space (OS), Special Setback. The OS district allows for single-family --dwellings as a permitted use. ,The following standards and restrictions to development are set forth in Chapters 18.71 and 20.08 of the Zoning and Municipal Codes for this district: (1) there is a minimum required lot area of ten acres, which does not apply in this case, because the lot was legally created in 1967; (2) there is a maximum impervious area and building coverage of 3.50 percent, which the applicant has made a part of the variance ~quest to exceed the minimum at 4.61 percent (the existing residence already exceeds the lot coverage at approximately 3.96 percent); (3) there is a minimum Special Setback district along Page Mill Road 14 Xl. XIII. which prohibits development within 200-feet of the right-of-way, which the aplSllcant has made a part of the v~iance request (the entire property is already within the setback area); and (4) there is a maximum height limit of 25-feat, which the applicant has made a part of the variance request to exceed the-limit at 28.5 feat (the existing house already exceeds the height limit at 29 feet). Approval of the Site and Design Review is required for all uses permitted in the OS district for any development, construction or improvements {Section 1 8.71.040}. If the project is approved by the City, then it will not be in conflict with the intent and purpose of the Zoning and Municipal Codes. Mit~’gation Measures: None required. Mineral Resources The proposed addition to the existing single-family residence will utilize more energy resources than at the present. This extra utilization is not expected to be more than normally associated with a residential development and it would not be more than what is utilized by other residents of the City with similarly sized homes. Mit~’gation Measures: None required. Noise Construction of the proposed addition may increase noise emissions for existing residences on Page Miil Road, but with no significant impact because the nearest house is hundreds of feet away from this residence. "This section of Page Mill Road has residences~,that are very isolated from each other. Typical noise sources would include mechanical equipment associated with excavation and grading and the noise of constructing the addition. Such noise will be short term in duration~nd would be mitigated by standard City conditions of approval, which limits hours of construction. Once completed, long-term noise associated with the addition would be within acceptable noise limits~ as associated with a single-family residential home, and no impacts are anticipated. IVlit/gation Measures: None required. Population and Housing : J The home at 3810 Page Mill Road is currentlyo¢cupied. With the approval of the addition, the home Will romaine single-fami[ydwelling and no other separate units are proposed as part of this project. Therefore, there will be no impact on housing within the City, because: there will not be increases to the City or regional population; the proposed project will not induce substantial growth in the area; and the proje¢t will not displace bxisting housing. f, qitigation Mea’sures: No~e required. Public, Services The proposed project will not impact municipal services, such as police, fire, schools, solid waste and ~n3aintenance, because the proposal is for an addition to an existing single-family home. No increase in pollution is expected, because no additionaL_units are planned. Tile project will be conditioned to ensure that adequate mitigation for pu.blic service impacts is obtained through payment of requir.=d school fees, as are all development projects in the-City and state. The installation of fire protection and s=.:urity devises may be required by the Police and FTre Departments and the payment of other fees and tax.=s to the City for rr,,aintenance of public facilities may be required. Additionally, the entire house {inci~d’.ng the proposed a~dition) would be provided with a new roof of fire-retardant composition shingles. ;,.-~:h is a safety 4~p.~’~vement over the existing shingles (glass A, as specified by th, e Fire Departme-:. XlV. XV, XV1. The-project site is in a High Fire Hazard area, as identified on map N-7 of the Co,mprehensive Plan. Although :the rear of the lot abuts a fire access road, the proposed addition will not encro&’ch 5~to that roadway and Jt will not block access to the Fire Department. The proposed addition will not increase fire hazards for the area, and it will comply with all fire codes in effect at the time of construction. Mib’gation Measures: None required. Recreation The implementation of the proposed addition would not increase the demand for park and recreational facilities in this portion of Palo Alto, because there is not anticipated to be an increase in population. There is an existing single-family residence at the site and the addition would not add residential units. Mitigation Measures~ None required. Transportation and Traffic The home at 3810 Page Mill Road is currently occupied. With the approval of the addition, the home will remain a single-family dwelling and no’other separate units are proposed as part of this.project. Therefore, no additional vehicle trips w.ill be generated from the site. Page Mill Road is designated as an arterial roadway in the 1998-2010 Comprehensive Plan (map T-8). The approval of the proposed project will not require any changes to be made to Page Mil!-Road. Additionally, the City’s Transportation Division has indicated that the proposed addition will not have any t[ansportation impacts. Mitigation Measures: None required. Utilities and Service Systems The City’s utility department has reviewed the plans and has indicated that the proposed addition will be conditioned as any other single-family residence in the City. No significant adverse impact are anticipated with the proposed addition, because there is an existing single-family residence.on the site which has been utilizing the utilities of the City since it was built in 1967. -Mitigation Measures: None required. ]5 ATTACHMENT D Findings for Approval Variance 3810 Page Mill Road 99-EIA-1, 99-V-3 and 99-D-1 o There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the same district. The Zoning designation is Open Space (OS), Special Setback. The exceptional circumstance for this property is that although Chapters 18.71 of the Municipal Code states that for the OS District there is a minimum required lot area often acres, the subject lotffas legally created and developed prior tO the implementation of the OS Distric( as a 1.55 acre site. Additiohally, although Chapte~ 20.08 of the Municipal Codes states that there is a minimum Special Setback district along Page Mill Road which prohibits development within 200- feet of the right-of-way, this setback was established after the lot was created and the house was built. As a result, the home and the entire lot are well within the 200 foot setback. Due to this unusual situation, any addition to-this nonconforming home would require Variance approval. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecessary hardship. - The house has not been modified since it was built in 1967. At that time, the residence had two bedrooms, a playroom, and a living/dining/kitchen area. The proposed addition would allow for another bedroom, bathroom, family area and office space. The project would allow for the enjoyment of substantial property rightg and the reasonable use of the property. The required standard front setback on this parcel is 30 feet in the OS zone district. A special 200 foot scenic sethac_k_ from Page Mill Road also applies to the property. This setback was established after the house was built and as a result the home is well within the 200 foot setback._ Due to this unusual situation, any addition to this’nonconforming home would require Variance approval. The applicants’ request for a Variance from the-maximum lot coverage of 3.50 percent would add 0.65 percent (434 square feet) to the existing 3.96 percent s:lplanlpladivlpcsr[3 810page.st Page 9 coverage of the site. The existing building footprint covers 2.77 percent of the site and the proposed build#Tg footprint would cover 3.42 per~cent of the site, both being within the maximum permitted coverage of 3.50 percent. It is the necessary hardscape of the driveway that places both.the existing development sand the proposed project outside of the coverage limit. The applicants decided to build up with t~vo-stories rather than out with a single-story addition in order to preserve open space on the site. If the addition were to be contained entirely within a single-story, the lot coverage would calculate to approximately 5.70 percent coverage. A single story addition would also result in the loss of one or more mature, healthy-trees and it would be more visually obtrusive from public and private lands. - _ - The existing residence is 29 feet in height, which already exceeds the maximum allowable height for the OS zone of 25 feet. The applic.ants propose a height on the new addition of 28 ½ feet, which also would exceed the maximum allowable height. With a two-story addition, rather than a single-story addition, a greater environmental benefit is achieved..Also,~the fnost level area of the site is where the proposed addition is located. Locating the addition in other areas of the site or on a single-level would require.the removal of healthy, mature trees or would increase the visibility of the additionfrom public right-o_f-_?vays. The site contains a number of mature trees and shrubs that serve to minimize the visual impact of the existing home as well as the proposed addition. No removal of trees or _- vegetation is proposed as part of this project. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare, or convenience. As set forth in the environmental documentation attached to the staff report, no detriment will result to persons or the environment either on the subject property or within the vicinity. The proposal provides similar setbacks from Page Mill Road as other properties in the immediate area. In addition, the existing vegetation, the use of earth tone building materials and the minimal massing of the room additions combine to effectively screen the proposal from public-and p}ivate views, including those from the adjacent Mid Peninsula Open Space District lands and Foothills Park. A greater en~v-ironmental benefit is achieved bY adding a second story rather than building the addition entirely within a single-story. Also, the most level area of the site is where tl~e proposed addition is located. Locating the addition in other areas of the site or on a single-level would require the removal of healthy, mature trees or would increase the visibility of the addition from public right-of-ways. g:lplaNpladivlpcsr~,3 810page.st Page 10 ATTACHMENT E Findings for Approval. Site & Design Review 3810 Page Mill Road 99-EIA:1, 99-V-3 and 99-D-1 o The project will be constructed and operated in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites. The proposed use and improvements are similar in size, scale and design with other uses in the area and the project has been designed and will be sufficiently screened so as not_to. _impact the neighbor’s privacy or enjoyment of their property. The project is designed in such a way as to ensure the desirability of investment, or the conduct of business, research of educational activities, or other authorized occupations, in the same or adjacent area. The project will maintain desirability of investment in the same and adjacent areas, the proposed design and size of the residence and related improvements are generally consistent with the existing residences on Page Mill Road and near-by roads, and the construction of the residential addition will be governed by the current Zoning Code, the Uniform Building Code and other applicable codes, to assure safety and a high quality of development. . .. Sound prin~iples of environmental design and ecological balance will be observed in construction of the project. _ The proposed design will follow existing site contour lines to minimize site grading. The project will not have a significant environmental impacts as indicated by the Negative Declaration prepared for this project. The proposed dwelling has been designed to be consistent with the Open Space Criteria adopted by the City Council to mitigate the impacts of development in the foothills area of the community. The_projec-~ is in accord with the Palo Alto Comprehensive Plan. The first policy in the 1998-2010 Comprehensive Plan is to "...retain undeveloped land west of the Foothill Freeway and Junipero Serra as open space, with allowances made for very low-intensity development consistent with the open s:lplanlpladivlpcsrl3 810page.sr Page 11 space-~haracter of the area .... " Although the project site is west of the Foothill Freeway and it is not located within the City’s urban service area (map L-2 oftl~e Comprehensive Plan), it is not undeveloped land, because it is already developed with a two-story single-family home. Therefore, the addition of a tWb-story section to the rear of the property is not in conflict with this policy and the project is in compliance with the goals and intent of the Comprehensive Plan. The Comprehensive Plan designation is Open Space/Controlled Development. This designation allows for some development on land that has all the characteristics of open space. The setting of the home at 3810 Page Mill Road is. rural and there is a characteristic of open space, especially since the site is surrounded on the west by Foothills Park and on the north by the Mid Peninsula Regional Open Space District. However, the proposed addition is considered an incidental development on the site, because the site has already been developed with a single-family home. The house was built in I967, about five years before the creation of the OS district and the 200-foot Special Setback. Such restrictions were placed on development in this area at the time that the current (original) owners were residing there. s:lplanlplad~vlpcsr13810page.sr ---Page 12 ATTACHMENT Findings for Open Space Criteria 3810 Page Mill Road 99-EIA-1, 99-V-3 and 99-D-1 o The development should not be visually intrusive from public-roadways and public parklands. As much as possible, development should be sited so it is hidden from view. The proposed addition wil! be slightly visible from Page Mill Road and will not be visible from the public trail in the adjoining MSOSD lands. The addition will also not be visible from Foothills Park. The visibility from Page Mill Road will be mitigated by the existence of mature trees and vegetation on the site. The visual impact of the new addition will also be minimized by the use of natural building materials and earthtone colors. The proposal will not result in the obstruction of any scenic vistas or views open to the public, even though Page Mill Road is a designated scenic roadway. Also, the proposed addition will be mostly to the rear of the existing residence and the second story portion wi_ll be heavily screened from Page Mill Road by the existing redwood trees. Additionally, the Mid , Peninsula Open Space District has indicated that the proposed addition would not be visible from MROSD lands Site and structure design should takd ihto consideration impacts on privacy and views of neighboring pr_o_p~erties. The proposal is screened from public and private views by mature tr~ees and other vegetation. Also, surrounding residences are located such that the trees and -vegetation on their yards blocks views to the project site. Development should be clustered, or closely grouped, in relation to the area surrounding it to make it less conspicuous, minimize access roads, and reduce fragmentation of natural habitats The proposal, sets the building mass into and along the natural contours of the site, and uses varying roof lines and building elevations to provide visual relief. In addition, the pfopo.sal utilizes well designed architectural features that fit into the overall architectural composition and add visual interest and scale to the house. s:lplanlpladivlpcsr13810page.sr P~el3 o o .8. Built forms and landscape forms should ndmic the natural topography. Building lines should follow the lines of the terrain, and trees and:bushes should appear natural from a distance. The proposed building mass follows the hillside and the additional floor area is kept close to grade to minimize bulk and create opportunities to relate the building to the site. The proposal integrates the house on the site by use of varied roof forms and building shapes that break up mass. Also, the proposal provides an efficient use of space within the building envelope. Existing trees with a minimum circumference of 3 7. 5 inches, measured 4.5feet above the ground level, should be preserved and integrated into the site design. Existing vegetation should be retained as much as possible. No trees are to be removed from the site. All other significant vegetation will remain, because the.re_ is not such vegeta.tion in the area where the addition will be located. ~: Cut is~ encouraged when.it is necessary for geotechnical ~tability and to enable the development to blend into the natural topography. Fill is generally discpuraged and should never be distributed within the driplines of existing trees. Locate development to minimize the need for grading. The proposal is sensitive to the topography, because the location of the addition is existing level ground. No cut or fill is proposed, except for the standard foundation work necessary for construction. To reduce the need for cut and f!ll and to reduce potential runoff, large, flat expanses of impervious surfaces should be avoided. The proposal avoids large expanses of impervious surface by limiting hardscape areas to the building footprint. Buildings should use natural materials and earthtone or subdued colors. -- The proposal incorporates materials that .include wood shingles and siding of natural earth tone colors, similar to those found in the natural environment, and that will match the existing residence. The proposal integrates the addition with the existing structure and natural surroundings by utilizing red cedar shingle siding. The er~ire house (including the addition) would then have a new roof of fire retardant composition shingles. The aesthetic effects of the home will be reviewed by the Planning Commission and City Council as part of the Site and s:lplanlpladiv[pcsr[3 810page.sr Page i 4 I0. Design Review application, Also, the architectural detailing and stepping of building mass create shadows appropriate tO the natural hillside setting. Landscaping should be native species that require little or no irrigation, Immediately adjacent to structuresi fireretardant plants should be used as afire prevention_ technique. No additional landscaping is proposed or required. Exterior lighting should be low-intensity and shielded from ~view so it is not directly visible from off-site. The proposal is conditioned to require any accent lights for pedestrian pathways and pool area to direct light down and shield light away from the surrounding residences and open space lands. The proposed addition to the single-family residence will create additional light and glare, but to an insignificant effect. From Page Mill Road, a sliding glass doo ..rway Will l~ad out to the second story deck, but the room will be a bedroom and presumably the interior will be shielded with some type of window covering that will minimize light spill from the room to the outside at night. Windows have also been prdvided on the other two sides of the addition, but these elevations face away from Page Mill Road and cannot be seen from other residences or from the Foothills Park. - 11.Access roads should be of a rural rather titan urban character. (Standard curb, gutter, and concrete sidewalk are usually inconsistent with the foot-hills environmenO. The site has direct access from Page Mill Road and no new curbs, gutters or -sidewalks are proposed. The driveway will remain as part impervious and part pervious, s:lplan!pladivlpcsrl3 8 lOpage.sr Page 15 ATTACHMENT G Conditions bf-Approval. 3810 Page Mill Road 99-EIA-1, 99-V-3 and 99-D-1 PRIOR TO ISSUANCE OF BUILDING OR GRADING PERMIT Planning Department 1. The approved building materials and color scheme shall be shown on the building permit drawings for all buildings, patios, fences, utilitarian enclosures and other landscape features. Any proposed exterior lighting shall be shown on the final construction drawings and shall be subject to the review and approval of the Palo Alto Planning Division. All lighting shall be minimal and shall direct light down and shield light away from the surrounding residences and open space lands. All new windows and glass doors shall be of a non-reflective material.- City Planning Arborist 4. A Tree Protection and Preservation Instructions sheet shall accompany the plans submitted f_or building permit and referenced on all civil drawings (utility, storm, grading, erosion), demolition, staging, building, landscape, planting and irrigation plans. Condition #4 shall appear on the this plan. o The two Oaks and Redwood grove near the proposed addition shall be protected with chain link fencing (install fence on construction side only). Fence shall be no closer than 7 feet from the Oak on the north side of the project. Fencing around the remaining trees may be installed as necessary. A "Waming" sign shall be prominently displayed on each tree protection fence. The sign shall be a minimum of 18-inches square and shall state: "WARNING - Tree Protection Fence - This fence shall not be removed with0u~prior authorization from the City of Palo Alto Planning Arborist. Violators are subject to fine pursuant Section 8.10.110 of the PAMC." -- -- All utilities, both public and private, requiring trenching or boring Shall be shown on the landscape and irrigation plans and shall show that no conflict will occur between the utilities and any landscape or trees to be retained. s:lplanlpladivlpcsrl3 810page.sr Page 16 The City Planning Arborist shall be in receipt of a statement from the applicant or project arborist verifying that protective tree fencing is in place before demolition, grading, or building permit issuance unless otherwise approved by the City Planning Arb0rist. Fire The applicant shall submit construction drawings to the Fire Department in accordance with 1995 CBC and Title 15 of the Palo Alto Municipal Code and California Fire Code. Details shall be provided on automatic sprinkler system, fire hydrant location, fire/smoke alarm systems and brush clearing and greenbelting plans. 9.The roofing material and construction shall be class A. Public Works Engineering 10. A formal site draina.ge plan produced by a qualified civil engineer shall be presented with the BuildingPermit submission and must be approved by Public Works before permit issuance. The Permittee is required to submit a drainageplan showing existing and proposed drainage of the site. This plan should show spot elevations of existing and proposed grades that show how drainage patterns work. Existing drainage from adjacent properties shall be maintained. Show how drainage from the buildings and hardscape will be directed. T_he drainage plan must also show roof water access. 11.Grading activities west of Interstate 280 are restricted to the time be~veen April 15 to October 15. This time may be further restricted to adjust to seasonal rain fluctuations .... 12.An erosion-control plan for the winterization of the site will also be required to presented with the Building Permit submission. Utilities Engineering- IVater, Gas & Wastewater 13. All u.tility installations shall be in accordance with the City of Palo Alto Utili.ty Standard Specifications and the utility Department Standard Conditions. 14.The applicant shall submit a completed Water-Gas-Wastewater Service Connection application (load sheet) for the City. if Palo Alto Utilities. The applicant must provide all the information requested for utility service demands (water_in g.p.m.:, gas in BTUPH, and sewer in g.p.d). The applicant shall submit improvement plans for utility construction. The plans must show the size and location of all underground utilities within the s:lplanlpladivlpcsr13810page.sr Page 17 development and the public right -of-way, including meters, backflow preventers, __ fire service requirements, sewer cleanouts, and any oyer required utilities. 16.The applicant must show on the site plan the evidence of any water well, or axillary water supply. All water connections from Palo Alto Utilities must comply with requirements of California Administrative Code, Title 17, Sections 7583 through 7605 inclusive. Contact Morris White at 650-496-6972, City’s Cross Connection Control Inspector, to determine the type of protection required to prevent backflow into the public water supply. 18.The applicant shall provide to the Engineering department a copy of the plans for fire system including all Fire department requirements. 19.The contractor wil_!.n_o_t be allowed to begin work until the utility improvement plan have been approved by the _Water, Gas, and.Wastewater Engineering Division. 20.Utility connection charges must be paid prior to the scheduling of any work performed by the City of Palo Alto. Utilities Engineering - Electrical - 21. The applicant shall inform the Utilities Engineering Division if there will be any change to the existing electrical service, site or location. 22.If service is proposed to be upgraded to greater than 400 amps, a padmount transformer will be required on site. The location of the padmount transformer shall be indicated on the site and landscape plans for review and approval by Utilities Department and Planning Department staff. 24. No permanent structure shall be installed or built within a public utility easement. Theapplicant shall maintain the necessary clearances, per the National Electrical Code and the City. - - DURING DEMOLITION AND CONSTRUCTION City Planning Arborist 25. Any existing frees on adjacent property, including the public right-0fway, that overhang the site shall be protected from impacts during construction, to the satisfaction of the City Planning Arborist. s:lplanlpladivlpcsrl3 810page.sr Page 18 The ~ollowing tree preservation measures apply to all existing trees that are to be retained: :. a.1’4o storage of material, topsoil, vehicles or .equipment shall be permitted within the tree enclosure area. b. The ground under and around the tree canopy area shall not be altered. c.Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. Public Works Engineering 27. The developer shall require its contractor to incorporate best management practices (BMP’s.) for stormwater pollution prevention in all construction operations, in conformance with the Santa Clara Valley Nonpoint Source Pollution Control Program. The Inspection Services Division shall monitor BMP’s with respect to the developer’s ’construction activities on private property; and the Public Works Department shall monitor BMP’s with respect to the developer’s construction activities on public property. It is unlawful to discharge any construction debris (soil, asphalt, sawcut slurry, paint, chemicals, etc.) or other waste materials into gutters or storm drains. (Federal Clean Water Act) s:~,planlpladivlpcsrl3 810page.st -Page 19 Attachment C ZARIAH BETTEN From: To: Subject: Date: JOHN-BACA / NTMAIL (verdosa@hotmail.com) ZARIAH BETTEN / CPA, CH 99-EIA-1 3810 Page Mill Monday, April 26, 1999 6:09PM <<File Attachment: DISTRI BU.TXT>> <<File Attachment: 99-EIA-1 .TXT>> From: "john baca" <verdosa@hotmail.com> To: planning_commission@city.palo-alto.ca.us Cc: city_council@city.palo-alto.ca.us, ed_gawf@city.palo-alto.ca.us, george_white@city.palo-alto.ca.us, ariel_calonne@city.palo-alto.ca.us, zariah_betten@city.palo-alto.ca.us April 26, 1999 Palo Alto Planning Commission re: 3810 Page Mill Road application -99-EIA-1, 99-V-3, 99-DD-1 Members of the Planning Commission: The CEQA Initial Study (Environmental Checklist Form) is flawed. The appropriate action is to return the application to staff for~rework. It would not be wise to base decisions on the document, nor would it be wise to include it in the public record as the final Initial Study. All Criteria in the checklist are identified as having "No Impact", none are even classified as having a "Less Than Significant Impact". This strains credulity given that the project is located in a sensitive open space environment. I have examined other recent checklists for projects in the foothills and all found that some environmental impacts would occur. The explanations provided in the current assessment also state or imply that impacts will occur. Palo Alto would be ill-served should ~his document be introduced in any legal action.. - You may not be familiar with this part of the CEQA legislation (revised in 1998): The original determination made on the basis of the initial study whether to prepare either a Negative Declaration or an EIR is subject .to the "fair argument" test (Laurel Heights Improvement Asssc. v. U.C. Regents (1993) 47 Cal.4th 376). I present a "fair argument" that open space projects in the foothills are "Potentially Significant Issues" due to cumulative runoff effects. The key to this argument is that when it is known that there is an increased probability of flooding and that the accepted hydrologic calculations are evidently incorrect, then any extra runoff will make .floodin.g more severe and it is harder to predict how an increase in ~mperv=ous surface area will increase flooding due to .a particular development. There is no question that the increase ~n ~mpervious area caused by development in the foothills was a factor in how bad the flood in Feb., 1998. It can be demonstrated that this runoff was a major factor. It is certainly true that creating more impervious surface will increase the amount of flooding should a flood ever occur again. In a sense you would allow a resident upstream to cause problems for a much greater number of peoplewho lived near the ba~/. The old hydrologic model can’t be used by planners any more because it doesn’t work. This applies to all the local watersheds of Palo Alto, even though San Francisquito Creek was where most flooding occurred. The explanation in the 99-EIA-1 checklist regarding sections VIIIc d,e c tes sources which include an outdated 1985 SCVWD ordinance, the author, the Comprehensive Plan, and the Public Works Dept. This area of Page Mill Road above Foothills Park was affected so much in 1988 Page 1 that a stoplight (not a stopsign) was installed for a few months due to earth-mo.vement. Would a little more runoff produce more serious results? The city explanation do~s not even mention cumulative effects, nor does any other section include such mention. It must be said that this is a new checklist from the state, issued in late 1998, and it is different than the checklist that staff would be familiar with. Thisis one reason to rework the Initial Assessment. The planners need help to evaluate hydrologic effects in the foothills. Correspondence with Sara Duckier of the SCVWD indicates that the water district isn’t in a position to provide information. This cumulative effect is a good candidate for a Master Environmental Assessment or another of the types provided. The Master Environmental Assessment is designed tocollect data for a region and has great flexibility (Section 15169 of the CEQA Guidelines).. It is necessary to perform this hydrologic evaluation no matter which method is chosen. The new CEQA revisionshave provided better options to conduct and evaluate environmental assessments. I believe that the city should take advantage of them inthis case, particularly the quantitative methods to take some of the uncertainty out of decisions. Decisions which could expand the flood zones in Palo Alto are serious. I repeat that the 1998 floods showing that the~carrying capacity hasreached limits. This means that any more flooding causes greaterdamage. This applies to development which would never have beenconsidered as being significant in _causing flooding. I compared the EIA with 94-EIA-31 and with the Initial Study and Negative Declaration for the Stanford University Foothill ReservoirNo. 2. The first assessment was of the Arrillaga property which is near the current site. All three reports were different, but the other two checklists adhered more closely to CEQA guidelines for an Initial Study than does the report on 3810 Page Mill Road. Both of the other assessments identified 30%-40% of the issues as having other than "No Impact" despi~te the decision by one to complete an EIR and the other concluding that a Negative Declaration was appropriate. The checklist format requires that sources forming the basis for decisions - be included. (This comes from Section 15064 and nearby sections in the CEQA Guidelines.) The sources listed in the checklist do notinclude any site studies or individual inspections. This is in sharp contrast to the comparison reports. The descriptions provided by the Stanford and Ardllaga report have some detail and include maps of the area to be developed as is suggested in CEQA. 99-EIA-1 lacks such information. The explanations that are included also differ markedly from the other two assessments. - The explanations contained in the Environmental Checklist Form are not acceptable: The current impervioussurface coverage is stated as both 3.7% and 3.96% on page 14. On the same page, it is stated that the project .would .add 1169 sq. ft., while on page 13 the study states that~mperv~ous surface area will increase by 434 sq. ft. This may be physically possible since the addition would be "mostly to the rear of the existing residence" (p. 12). In truth, presenting these . contradictions implies that none of the explanations can be trusted because this is extremely negligent work. There is an explanation justifying the variance because the impervious _surface, the setback, and the height are already non-conforming. This occurs on pp. 1, 13, and 14. In addition, the explanations use the argument that because the building is a single-family residence, there will be no changes because._an~ extra non-conforming addition will leave Page 2 the property as a single-family residence. The Comprehensive Plan is said to consider the property as being in a riparian habitat according to the explanation on page 13. However, the explanation continues by implying without stating directly that the Plan is incorrect. On other pages the Comprehensive Plan is considered a definitive reference. The other two assessments that I examined relied on more specific data than general planning instruments. The analysis comes into further question when mitigation is referred to only in sweeping terms like "standard conditions of approval ensure...". Using phrases such as "relatively insignificant" (page 13) throughout the explanations is best if some quantitative basis is given at least once. Palo Alto long-term residents would have just a little problem reading on page 14 that Foothills Park was a part of the Foothills Open Space Preserve. The other studies concluded that there might be geologic impacts that were significant due to fault activity, but this study reaches a different conclusion. Therefore, the PAMC Section 18.71.140a mandatory Geological Soils Investigation and Report was waived (p. 13). The Environmental Checklist Form explains that approval will not entail conflict with city codes, but neglects to mention PAMC Section 18.71.1401: Substandard Lots. Any parcel of land not meeting the area or dimension requirements of this chapter is a lawful building site if such parcel-was a lawful buildingsite on July 5, 1972. All other requirements of this chapter shall apply to any-such parcel. Why was this document that forms the basis for deciding this application issued? It may be that one of the new CEQA changes is thought to be a problem. By labeling every criteria as having "No Impact", no monitoring and reporting program isrequired. It may be that this project is precisely the embodiment of the definition of "incidental development" (p. 14). I do know that as a native Palo Alto resident, I am not at all proud that the planning department woold work in this manner. Approving this application with this CEQA document would not just set a precedent for (from the November 16, " 1998 city council meeting minutes about 4020 Page Mill Road): >"Mr. Beecham said one item of concern was that the variance might set >a precedence for others to build larger houses on lots in the Open >Space District. However, further study showed that along Page Mill >Road in the Open Space District, there seemed to be no other-small >lots so the issue seemed to be resolved." Allowing this Environmental Checklist Form will set a precedent as to how the planning staff should perform their jobs. Sincerely, John Baca P.O. Box 8527 Stanford, CA 94309-8527 verdosa@hotmail.com 415/4730996 cc: City Council, Ed Gawf, George VVhite, Ariel Calonne, Zariah Betten Page 3