DATE: PLANNING COMMISSION MEETING OF FEBRUARY 24, PDF Free Download

DATE: PLANNING COMMISSION MEETING OF FEBRUARY 24, 2016 TO: FROM: SUBJECT: THE PLANNING COMMISSION LISA COSTA SANDERS, TOWN PLANNER REQUEST FOR A SPECIAL STRUCTURES PERMIT FOR A POOL IN THE SIDE YARD AND A HERITAGE TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF TWO TREES AT 142 BRITTON AVENUE (APN 070-213- 030) RECOMMENDATION Staff recommends that the Planning Commission conduct the public hearing and approve the request for a Special Structures Permit for a pool up in the side yard setback based on the following findings: 1. The proposed building or structure will not negatively impact neighboring properties with respect to privacy and view. Basis for Finding: The pool is proposed to be located in the same general area as the existing pool. The landscape plan includes a new 6 tall perimeter wood fence and evergreen hedge and trees. The fencing and landscape screening will screen the pool from view of neighboring properties and the public right-of-way and will therefore not be detrimental to the community. Pool equipment operation will be limited to those hours as set forth in Atherton Municipal Code Section 17.40.050 (F), thus limiting the noise emitted from the equipment to specific hours. 2. The proposed building or structure complies with other development standards, restrictions, or limitations for the proposed building or structure, such as height and landscaping screening. Basis for Finding: The pool will be screened by proposed landscaping and fencing. The pool will be screened from the public right-of-way by a new fence. The pool and spa comply with all other development regulations. 3. The granting of the special structure permit is consistent with the objectives of the general plan and this title. Basis for Finding: The proposed pool meets the minimum front yard setback requirements in compliance with Municipal Code section 17.40.050 (E) with the issuance of a Special Structures Permit and complies with the side yard setback requirements

February 24, 2016 Planning Commission Staff Report 142 Britton Avenue Special Structures Permit & Heritage Tree Removal Permit Page 2 Staff further recommends the Planning Commission approve the request for the Heritage Tree Removal Permit to allow the removal of two Magnolia trees at 142 Britton Avenue based on the following finding: 1. The removal of the trees would not be contrary to the purpose and intent of the Atherton General Plan. Basis for finding: The two Magnolia trees requested for removal are showing signs of decline due to the drought. Preserving these trees would require extra watering which could impact the adjacent Oak tree. Removal of these trees will preserve and enhance the adjacent Oak and Redwood trees and would not impact adjacent properties. INTRODUCTION The subject site is a unique property located at the corner of Britton Avenue. The site is approximately 1.78 acres in area. The applicant is working with the Town and the Fire District to abandon the Britton Avenue divider road and combine the island portion with the larger property. The property is located in the R1-A Zoning District. The applicant proposes to construct a new, two-story, single-family residence along with a detached garage and pool. The Planning Commission previously approved a Variance and a Special Structure Permit to allow an increase in the sidewall height of the main residence without increase in setbacks due to the unique configuration of the lot. The applicant has submitted an application for a Special Structure Permit to allow a pool within the side yard setback and a Heritage Tree Removal Permit to allow the removal of two Magnolia trees. ANALYSIS Special Structure Permit The standard setbacks for an accessory structure or pool is 10 from the side and rear property lines, and 30 behind the front line of the main building or a 120 setback from the front property line, whichever is closer. When adjacent to a street, the side yard setback requirement for a pool is the main building side yard setback (50 feet). The applicant is requesting a Special Structure Permit pursuant to Atherton Municipal Code Section 17.40.050(A)(7) which allows a pool or spa to be located outside of the standard setback requirements upon the issuance of a Special Structure Permit from the Planning Commission. An existing pool is located in the same general area as the proposed pool. The applicant proposes to remove the existing pool and construct a new pool and spa approximately 18-6 from the side property line and 30-9 from the rear property line. The applicant indicates that they attempted to locate the proposed pool within the main building area; however, due to the unusual shape of the lot and location of the existing Oak trees, the available space for the pool is limited. The applicant proposes to place the pool in the same general area as the existing pool, taking advantage favorable sunlight conditions for most of the year. The project includes a new 6 tall wood fence around the property and perimeter screening of evergreen hedge and trees. The proposed pool would meet all

February 24, 2016 Planning Commission Staff Report 142 Britton Avenue Special Structures Permit & Heritage Tree Removal Permit Page 3 other accessory structure setback requirements. The existing landscaping together with a new solid wood fence and new landscape planting will screen the new pool from view of the street and neighboring properties. Staff feels the proposal meets the intent of the Municipal Code and will not be detrimental to the neighborhood. Heritage Tree Removal Permit The applicant is requesting a Heritage Tree Removal Permit to allow the removal of two Southern Magnolia trees due to the location and condition of the trees. The trees are indicated as tree #19 and tree #32 on the site plan prepared by Alden Architecture (Attachment 5). The applicant indicates that the trees are adjacent to established native Oak and Redwood trees and they would like to preserve and encourage the growth of these trees which could be impacted by the water needs of the Magnolia trees. As indicated in the letter prepared by Nicholas Jaros, Arborist (Attachment 6), the trees are not in good condition and lack symmetry. He indicates that the trees will continue to have sectional die back from insufficient water and from shading from the larger adjacent trees. Sally Bentz, Town Arborist, has prepared a memo (Attachment 3) based on her review of the request, the applicant s submitted Arborist letter as well as a site inspection. Ms. Bentz inspected the trees in May 2015 and again in early February 2016 and notes that the trees have declined since her earlier inspection. Tree #19 is showing sign of drought stress and is in need of additional watering. She notes that the extra water could impact the adjacent Oak trees. Tree #32 is also showing signs of drought stress and is shaded by a nearby Redwood tree. This tree has decay in the trunk, yellowing foliage and much dieback. Staff is supportive of the removal of the two Magnolia trees based on the condition of the trees and for the long-term preservation of the adjacent Oak and Redwood trees. Staff recommends replacement planting with 3-36 box size native Oak trees. CONCLUSION The Planning Commission may grant a Special Structures Permit if it makes the three findings listed in the Recommendation section of the staff report. As indicated above, the new pool is proposed to be in the same general location as the existing pool and the landscape plan includes a new 6 tall perimeter wood fence and landscape screening with an evergreen hedge and trees. The proposed pool will be minimally visible from the public right-of-way and will not impact neighboring properties. To grant a Heritage Tree Removal Permit, the Planning Commission shall find that the removal of the tree would not be contrary to the purpose and intent of the Atherton General Plan. As indicated above, both trees are in decline and showing signs of stress from the drought. Magnolia trees have high water requirements and if these trees were to be preserved, the extra watering could impact the adjacent Oak trees. Staff is supportive of the tree removal request due to the condition of the trees and for the preservation of the Oak and Redwood trees.

February 24, 2016 Planning Commission Staff Report 142 Britton Avenue Special Structures Permit & Heritage Tree Removal Permit Page 4 ALTERNATIVES The Commission has the option to approve, deny or modify the request for a Special Structures Permit for the pool in to the side yard setback. The Commission also has the option to approve, deny or modify the Heritage Tree Removal request. FISCAL IMPACT All costs covering the processing of this application are paid for by the applicants. ENVIRONMENTAL IMPACT The proposal has been determined to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Sections 15301, Class 1, which permits a new, single-family residence. FORMAL MOTION I move that the Planning Commission approve the Special Structures Permit for the pool in the side yard setback and approve the Heritage Tree Removal Permit to allow the removal of two heritage trees at 142 Britton Avenue based on the findings listed in the Staff Report and subject to the conditions listed in the draft Special Structure Permit and the draft Heritage Tree Removal Permit. Attachments: 1. Draft Special Structures Permit 2. Draft Heritage Tree Removal Permit 3. Town Arborist Memo prepared by Sally Bentz dated February 2, 2016 4. Letter of Request from Alden Architecture dated December 22, 2015 5. Plans, prepared by Alden Architecture dated December 22, 2015 6. Letter from Nicholas Jaros, Arborist dated August 20, 2015

TOWN OF ATHERTON PLANNING COMMISSION SPECIAL STRUCTURES PERMIT Town of Atherton Town Administrative Offices 91 Ashfield Road Atherton, California 94027 650-752-0500 Fax 650-688-6528 THIS IS TO CERTIFY THAT the Atherton Planning Commission at a regular meeting thereof, held on Wednesday, February 24, 2016 did grant a Special Structures Permit to 142 Britton LLC, pursuant to Atherton Municipal Code Sections 17.15 and 17.40 to allow a new pool and spa within the required side yard setback for accessory structures at 142 Britton Avenue (Assessor s Parcel Number 070-213-030). The Special Structures Permit was approved subject to the following conditions: 1. Construction of the new pool and spa shall be in substantial compliance with the plans prepared by Alden Architecture, dated December 22, 2015 and reviewed by the Planning Commission February 24, 2016. Any substantive changes to the plans shall be reviewed by the Planning Commission. 2. If no action has been taken in one year, this Special Structures Permit will become null and void. 3. The Special Structure Permit is limited to the construction of a pool and spa as shown on the plans prepared by Alden Architecture dated February 24, 2016 and does not establish an accessory structure setback for future additions to the property. 4. The applicant shall submit a landscape screening plan to the satisfaction of the Town Arborist. Effective Date: _ Atherton, CA _ Lisa Costa Sanders Town Planner

draft TOWN OF ATHERTON PLANNING COMMISSION HERITAGE TREE REMOVAL CERTIFICATE Town of Atherton Planning Department 91 Ashfield Road Atherton, California 94027 Phone: (650) 752-0544 Fax: (650) 614-1224 THIS IS TO CERTIFY THAT the Atherton Planning Commission at a regular meeting thereof, held on Wednesday, February 24, 2016 did grant a Heritage Tree Removal Permit to 142 Britton LLC pursuant to Atherton Municipal Code Section 8.10 to allow the removal of two Magnolia trees at 142 Britton Avenue in Atherton (Assessor s Parcel Number 070-213). The Permit was approved subject to the following conditions: 1. Tree removal shall be limited to trees #19 and #32 identified on the site plan prepared by Alden Architecture dated December 22, 2015 and as reviewed by the Planning Commission on February 24, 2016. 2. The applicant shall install three 36 box size native Oak replacement trees to the satisfaction of the Town Arborist. 3. The applicant shall submit a landscape screening plan and tree protection plan to the written satisfaction of the Town Arborist. 4. If no action has been taken on this permit in one year, the Heritage Tree Removal Permit shall become null and void. Lisa Costa Sanders Town Planner Effective Date: _ Atherton, CA

Memo To: The Atherton Planning Commission From: Sally D Bentz, Town Arborist CC: Stephanie B. Davis Senior Planner Date: 02/02/16 Re: Heritage Tree Removal Permit Application, 142 Britton Ave I have reviewed the two heritage trees at 142 Britton Ave and offer the following observations and recommendation for your review: In December of 2014 pre-demo I visited the site and approved 8 trees for removal that were dying or dangerous (4 which were Oaks). In May 2015, I referred the below two trees to the Planning Commission since they were neither dead nor dangerous. The two trees are located outside the main buildable area of the lot. The applicant has applied for the removal of 2 heritage trees to the Planning Commission: Tree # 19 Magnolia grandiflora- 19 dbh Tree #32 Magnolia grandiflora- 18 dbh I recently reviewed the trees and found that they have declined slightly since May 2015. Tree # 19 has a double leader and each has been topped. This is not a recommended practice and can make the tree structurally unsound. The tree is showing signs of drought stress and is one sided. Tree #19 can be seen from the street. If approved it will have minimal impact. This is due to the fact that there are Oak trees located in front of the Magnolia that can also be seen from the street. Magnolia grandiflora s or Southern Magnolias are native to the Southeastern United States. The Southern Magnolia has been widely planted in California. Magnolias have high water requirements and because of the drought in California are suffering. If tree #19 is not approved for removal then supplemental irrigation during dry season will need to be required. This will interfere with the three nearby Oak trees that require limited water. The extra water could cause Armarilla and potentially kill the Oak trees. Tree #32 has been shaded by a nearby Redwood and is showing signs of drought stress. The Magnolia is competing with the Redwood. There is decay in the trunk, yellowing foliage, and much dieback. If this tree was to be removed there will be little visual impact to the neighbor. If the Planning Commission approves the trees for removal, then the standard 1-36 box tree per removal is required for replacement. It would be my recommendation to plant 3-36 native Oak trees as replacements. My recommendation is to allow the removal of the two heritage Magnolia trees. The trees are not dead or dangerous, however they are in fair health and may not be able to survive through the drought as well as a full construction site development. If the two trees are approved then the

Redwood and Oak trees nearby will be healthier. As for the irrigation it is my recommendation that irrigation for the landscape screening is installed as far away from the Oak trees as possible. As long as the replacements proposed and the irrigation is considered I can recommend the removal of the two trees. The information included in this memo is believed to be true and based on sound arboricultural principles and practices. Sincerely, Sally Bentz Town Arborist Certified Arborist WE#9238AM

ALDEN ARCHITECTURE 142 BRITTON AVENUE ATHERTON, CALIFORNIA VICINITY MAP PROJECT DATA OWNER 142 BRITTON LLC 142 BRITTON AVENUE ATHERTON, CA 949000 650-826-1876 PROJECT TEAM ARCHITECT ALDEN ARCHITECTURE 611 TANBARK TERRACE SAN RAFAEL, CA 94903 CONTACT: JASON ALDEN 415-531-0518 LANDSCAPE ARCHITECT QUINN LANDSCAPE ARCHITECTS 500 MONTGOMERY STREET SAN FRANCISCO, CA 94111 CONTACT: MEGHEN QUINN 415-290-5496 PROJECT DESCRIPTION CONSTRUCTION OF A NEW TWO-STORY SINGLE FAMILY RESIDENCE PLUS BASEMENT, NEW DETACHED GARAGE, NEW POOL AND LANDSCAPE IMPROVEMENTS. ASSESSOR'S PARCEL NUMBER 070-213-030 OCCUPANCY CLASSIFICATION R-3 BUILDING TYPE V-B ZONING R-1A RESIDENTIAL DISTRICT LOT AREA 1.78 ACRES (77,537 SF) HEIGHT LIMITS: CIVIL ENGINEER LEA & BRAZE ENGINEERING, INC. 2495 INDUSTRIAL PARKWAY WEST HAYWARD, CA 94545 CONTACT: CHRIS PHAN 916-966-1338 ARBORIST PROFESSIONAL TREE CARE COMPANY PO BOX 2377 BERKELEY CA, 94702 CONTACT: BRIAN FENSKE 510-549-3954 MAIN HOUSE MAXIMUM HEIGHT.......... 30 FT SIDE WALL............... 22 FT ACCESSORY STRUCTURES MAXIMUM HEIGHT.......... 15 FT SIDE WALL............... 11 FT ATHERTON, CA 94027 142 BRITTON AVENUE APN: 070-213-030 116TANBARKTERRACE SANRAFAEC L,A94903 4(153)10-518 SHEET INDEX SETBACKS A-1 TITLE SHEET MAIN STRUCTURE............ 60 FT FRONT AND REAR 50 FT SIDE YARD SU1 TOPOGRAPHIC SURVEY A-2 SITE PLAN A-3 EXISTING TREE PLAN ISSUED A-4 PLANTING LEGEND AND KEY PLAN 12.22.15 ACCESSORY STRUCTURES..... 90 FT FRONT 10 FT REAR 50 FT SIDE AT STREET 10 FT SIDE AT INTERIOR FLOOR AREA CALCULATION SUMMARY A-4.1 POOL AREA ENLARGEMENT NET LOT AREA.............. 60,526 SF A-4.2 ENTRY AREA ENLARGEMENT MAXIMUM FLOOR AREA (NET LOT AREA X 18%)...... 10,895 SF A-4.3 SOUTH GARDEN AREA ENLARGEMENT HERITAGE TREE REMOVAL PERMIT AND SPECIAL STRUCTURE PERMIT MAXIMUM FLOOR AREA UPPER LEVEL (NET LOT AREA X 7.5%)...... 4,539 SF EXISTING HOUSE (TO BE REMOVED)........... 4,160 SF TITLE SHEET EXISTING GARAGE (TO BE REMOVED)............ 630 SF PROPOSED NEW MAIN HOUSE BASEMENT............ 5,218 SF MAIN LEVEL........... 5,143 SF UPPER LEVEL.......... 4,135 SF PROPOSED NEW DETACHED GARAGE.......... 1,104 SF A-1 TOTAL PROPOSED FLOOR AREA (NOT INCLUDING BASEMENT).... 10,382 SF DEC. 22, 2015

ALDEN ARCHITECTURE 16TANBARKTERRACE SANRAFAEL,CA94903 (415)531-0518 SPECIAL STRUCTURE PERMIT APPLICATION: PROPOSED POOL LOCATION IN SIDE YARD SETBACK EXISTING POOL TO BE REMOVED PROPOSED POOL LOCATION PROPERTY LINE 15'-0" ROAD EASEMENT ROAD EASEMENT 15'-0" 50'-0" SIDE YARD SETBACK 30'-9" REQUEST FOR TREE REMOVAL: EXISTING SOUTHERN MAGNOLIA TREE #32 SEE SHEET A-3 FOR EXISTING TREE PLAN 10'-0" REQUEST FOR TREE REMOVAL: PROPERTY LINE EXISTING SOUTHERN MAGNOLIA TREE #19 18'-6" BELOW GRADE POOL VAULT SEE SHEET A-3 FOR EXISTING TREE PLAN 15'-0" ROAD EASEMENT FIRE PIT 10'-5" DETACHED GARAGE (APPROVED BY PLANNING) BELOW GRADE WATER STORAGE TANK FOR IRRIGATION 60'-0" REAR YARD SETBACK HVAC CONDENSERS BRITTON AVENUE DIVIDER ROAD PROPOSED ROAD ALIGNMENT FOR FIRE TRUCK ACCESS (UNDER SEPARATE PERMIT) "ISLAND" PORTION OF PROPERTY SEPARATED BY DIVIDER ROAD PROPERTY LINE BRITTON AVENUE SIDE YARD SETBACK 50'-0" MAIN BUILDING AREA WATER FEATURE BREEZEWAY MAIN HOUSE (APPROVED BY PLANNING) 8'-0" LIGHT WELL DETATCHED GARAGE (UNDER SEPARATE PERMIT) WELL 10'-0" MAIN SWITCHBOARD POOL HEAT PUMPS EMERGENCY GENERATOR BELOW GRADE RETENTION SYSTEM APN: 070-213-030 142 BRITTON AVENUE ATHERTON, CA 94027 30'-0" PROPERTY LINE 50'-0" SIDE YARD SETBACK PROPERTY LINE 60'-0" FRONT YARD SETBACK DRIVEWAY GATE ISSUED 12.22.15 HERITAGE TREE REMOVAL PERMIT AND SPECIAL STRUCTURE PERMIT BRITTON AVENUE 15'-0" PROPERTY LINE SITE PLAN A-2 1 SITE PLAN 1/16" = 1' - 0" N DEC. 22, 2015

ALDEN ARCHITECTURE 16TANBARKTERRACE SANRAFAEL,CA94903 (415)531-0518 WWW.QLARCH.COM APN: 070-213-030 142 BRITTON AVENUE ATHERTON, CA 94027 ISSUED 12.22.15 HERITAGE TREE REMOVAL PERMIT AND SPECIAL STRUCTURE PERMIT DEC. 22, 2015