RESOLUTION NO

Transcription

1 RESOLUTION NO RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BELMONT APPROVING A SINGLE-FAMILY DESIGN REVIEW AND TREE REMOVAL PERMIT FOR A VACANT LOT ON LOWER LOCK AVENUE (APN: , , & ; APPL. NO ) WHEREAS, Scott and Mary Piazza, property owners, request Single-Family Design Review approval to construct a 4,458 square foot home on a vacant lot on Lower Lock Avenue, and a Tree Removal Permit to remove nine protected trees; and, WHEREAS, a public hearing was duly noticed, held, and closed on ; and, WHEREAS, the Planning Commission hereby relies upon the staff report dated April 17, 2018 and the facts contained therein, as they pertain to the project, as its own findings of facts; and, WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations and testimony as set forth herein. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves the Single-Family Design Review to construct a 4,458 square foot home a vacant lot on Lower Lock Avenue, and a Tree Removal Permit to remove nine protected trees subject to the attached conditions in Exhibit A, and based upon the following findings: Environmental Review The proposed single-family home is categorically exempt from the provisions of the California Environmental Quality Act ( CEQA ) by provision of Section 15303, Class 3 (a): One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. The application is for one single-family residence and the project would be entirely within a residential zone. Therefore, the proposal meets the requirements for CEQA exemption. Residential Design Review The required Single-Family Design Review Findings, Section 13A.5 (A-F), are made in the affirmative as follows: (a) The buildings and structures shown on the site plan will be: 1) Designed to be compatible with any existing development on the site; 2) Located and designed to minimize disruptions of existing public views, and to protect the profile of prominent ridgelines.

2 Page 2 of 6 The proposed home would be located below the existing ridgeline, and would be substantially screened by existing and proposed vegetation from all public vantage points. The proposed dwelling would be situated in a natural clearing, on a portion of the site that is mostly level. The home would be built into the slope of the ground, and would not block views from Lower Lock Avenue. The home would also include a proposed rustic exterior (stucco, stone, and vertical cedar exterior walls, wood railings, trim, columns and fascia, etc.), and an earth tone color palette (grays, green, tans, taupe, dark brown) that would complement the natural character of the site. This finding is affirmed. (b) The overall site and building plans will achieve an acceptable balance of the following factors: 1) building bulk, 2) grading, including: A) disturbed surface area, and B) total cubic yards, cut and fill. 3) The aesthetic impacts of hardscape as viewed from a public vantage point. Building bulk The proposed contemporary style home would have stucco, stone, and vertical cedar exterior walls, aluminum-framed and glass block windows, aluminum framed glass patio doors, painted wood railings, trim, columns and fascia, wood and metal trellises, and a tar and pebble roof. Architectural design details include pre-weathered galvanized flashings and chimney caps, projecting room elements, decks and balconies, wood panel garage door, planted trellises, and color and material variation The home would be dug into the slope of the lot and has been designed with building offsets that assist in breaking the bulk and mass of the structure. Additionally, the applicant has designed the home such that each building elevation incorporates varied building materials, which add texture and serve to moderate the building bulk. Lastly, the project site is substantially vegetated with mature trees, and the proposed landscape plan would include trees, shrubs, and vines, and ground cover that would complement the architecture of the home, while softening and screening it from the surrounding area. Grading/Hardscape A drainage and grading plan has been prepared by the civil engineer, and reviewed by the Department of Public Works. The site would be graded to accommodate the new foundation for the home, automobile court, and driveway. Approximately 940 cubic yards of grading would be necessary to allow for the proposed construction, including 410 yards of cut and 530 yards of fill (import of 120 cubic yards of fill or approximately twelve truck loads). The proposed hardscape for the eleven-acre project site would be less than 1%, and the vast majority of the site would remain undisturbed by the project. Stormwater from the majority of the

3 Page 3 of 6 site would continue to sheet flow to pervious areas. Stormwater from rooftop areas would be directed to energy dissipaters and thence to pervious surfaces for infiltration. In addition the project site would remain heavily landscaped with a variety of native and/or drought tolerant trees and shrubs. Therefore, grading and hardscape elements are not excessive for development of a new single family home and are appropriate in the project context. All three factors (building bulk, grading and hardscape) appear to be appropriately addressed in the building design and site/groundwork to achieve an acceptable, complementary balance for the project. This finding is affirmed. (c) All proposed accessory and support features, including driveway and parking surfaces, underfloor areas, retaining walls, utility services and other accessory structures will be integrated into the overall project design. The applicant has proposed an access driveway that is consistent with the rest of the project. The driveway would include a downslope retaining wall that would be planted with vines, and the access driveway would be screened with shrubs and trees. The driveway apron would include pavers, consistent with the design of the home. Patios and deck areas would be constructed of stone materials that are similar to the base of the home. New utility services would be underground. The project includes no new accessory structures. This finding is affirmed. (d) The proposed landscape plan will incorporate: 1) Native plants appropriate to the site s environmental setting and microclimate, and 2) Appropriate landscape screening of proposed accessory and support structures. The property is currently landscaped with bushes, shrubs, and a substantial amount of trees. The applicant has proposed to plant shrubs and trees along the driveway access and in front of the home. While the project includes tree removal, replanting would occur at approximately a 2:1 ratio, and the lot would remain heavily wooded. A condition of approval would require that if any portion of the landscape (i.e., existing trees) is damaged during construction-related activities, it must be replaced with consideration given to utilizing drought-tolerant plantings. The applicant has proposed to plant California native trees (oaks) and preferred species trees (arbutus Marina); the level of landscape screening proposed is appropriate. This finding is affirmed. (e) The project will be in substantial compliance with the Residential Design Guidelines and Residential Design Criteria as applicable. The design includes consistent and complementary materials and features (Guidelines A-1 a-b) and building facades are generally designed to create visual interest (Guidelines A-4 a-c). The applicant has effectively minimized the amount of necessary grading by proposing to conform to

4 Page 4 of 6 the existing terrain when possible (Guidelines B-4 c-d). The project also avoids cantilevering to ensure a balanced presentation (Guideline A3 c). The proposed building would include off set walls at varying distances to help break up the building mass (Guideline B-1 d). Additionally, the proposal would mitigate perceived building bulk by using decorative elements and varying colors and materials while still presenting a uniform architectural style (Guidelines B-2 a-c). The project would also include shrubs and ground cover, replanting of adequate mitigation tree plantings, and retention of the vast majority of trees, which would provide substantial screening of the home from the surrounding area. These decisions align with many of the landscaping Guidelines. The project incorporates both the standards of Daylight Plane and Prescribed Articulation from the Residential Design Criteria to address the building bulk at all building elevations. The proposed home is demonstrated to be beneath the required daylight plane and building facades are illustrated to be well-articulated at each elevation, meeting the requirements for prescribed articulation. The home would be broadly articulated by a combination of off-set building walls and a mixture of materials that would help break up the building mass. The proposals satisfies the requirements of the Residential Design Criteria. This finding is affirmed. (f) City staff and consultants have provided technical review and conditions of approval have been adopted, as applicable, regarding project-related grading, drainage, stormwater runoff, vehicular and pedestrian access, site stability, structural encroachments, and construction impacts. As part of the project review process, the City s Department of Public Works, Fire Department, Police Department, and Community Development Department (Planning and Building Divisions) have compiled a list of project-specific conditions of approval which would be required during construction. All construction will be completed in compliance with the California Building Code and the National Pollutant Discharge Elimination System (NPDES) standards as administered by the City of Belmont. This finding is affirmed. Tree Removal Permit The required Grading Permit findings, as required by Section 25-7 (b)-(c) of the City of Belmont Municipal Code, are made in the affirmative as follows: b) The reviewing authority shall issue a permit to remove the following trees without consideration of the criteria in subsection (c): (1) Blue Gum Eucalyptus (Eucalyptus globulus); (2) Dwarf Blue Gum Eucalyptus (Eucalyptus globulus Compacta ); (3) Monterey Pine; (4) Palm (all species); (5) Acacia (all species);

5 Page 5 of 6 (6) a dead tree (any species); and (7) Any tree that a public utility is required to remove under California Public Utility Commission regulations. The applicant has proposed to remove nine protected trees, none of which fall on the above list. Therefore, none of the trees must be granted approval for removal without considering the criteria for permit determination. Chapter 25-7(c) of the Municipal Code dictates that trees that do not fall under the list shall be considered under the following criteria for permit determination: (1) Criteria Supporting Removal (2) Criteria Supporting Retention (A) The tree is: (i) in poor condition; (ii) at the relative end of its life span of the particular species; (iii) diseased or infested beyond reasonable remediation; (iv) has poor structural integrity; (v) is in danger of falling; or, (vi) poses a safety hazard. (B) The particular tree species is undesirable due to characteristics such as invasiveness, tendency toward limb failure, and fire hazard. (C) The tree is damaging or interfering with existing structures, site improvements, or utility services. (D) Removal of the tree is needed in order to construct improvements or otherwise allow conforming use of the property. (E) Proximity of the tree to existing or proposed structures. (A) The tree is located outside the developable area of the property. (B) The tree and its location contribute substantially to the aesthetic appeal of the property or the neighborhood. (C) The effect of the requested tree removal on the remaining number, species, size and location of existing trees on the site and in the area, including trees mutually dependent on each other for survival, structural integrity or aesthetics. The nine protected trees proposed for removal are in close proximity to the proposed structure and their removal is necessary to construct the proposed home, and to implement the required vegetation management plan (VMP). A VMP is a safety measure required by the Fire Department due to the project site s high fire hazard area location. As such, the trees proposed for removal are in line with Criteria A (vi), D & E supporting removal. While the trees generally contribute to the property s aesthetic appeal, there are a vast number of trees on site, and the applicant would replant with California native and drought tolerant trees. The tree removals would not have a substantial effect on the remaining trees (i.e., the existing trees being removed are not required to promote the growth of trees site). Thus, The Planning Commission has considered the applicant s request for a Tree Removal Permit and finds that the project meets the Criteria for Permit Determination in Chapter 25-7(c) of the City of Belmont Municipal Code, supporting removal of the trees. This finding is affirmed.

6 Page 6 of 6 * * * * * * * * * * * * * * Passed and adopted at a regular meeting of the Planning Commission of the City of Belmont held on by the following vote: AYES, NOES, ABSENT, ABSTAIN, RECUSED, Carlos de Melo Planning Commission Secretary