HomeMy WebLinkAbout3.1 ITEM 3.1
TOWN OF LOS ALTOS HILLS May 5, 2016
Staff Report to the Planning Commission
SUBJECT: CONDITIONAL DEVELOPMENT PERMIT AND SITE DEVELOPMENT
PERMIT FOR A NEW 2,986 SQUARE FOOT,TWO-STORY SINGLE-FAMILY
RESIDENCE WITH A 1,615 SQUARE FOOT BASEMENT ON A .347 ACRE
LOT AND A VARIANCE REQUEST TO ALLOW FOR TWO REQUIRED
UNCOVERED PARKING SPACES IN THE REAR YARD SETBACK; LANDS
OF KALBALI; 13531 BURKE ROAD; FILE#232-14-ZP-SD-CDP-VAR.
FROM: Steve Padovan, Consultant Planner P
APPROVED: Suzanne Avila, AICP, Planning Director S
RECOMMENDATION: That the Planning Commission:
Approve the Conditional Development Permit, Site Development Permit and Variance subject to
the findings in Attachments 1 and 2 and recommended Conditions of Approval in Attachment 3.
BACKGROUND
On March 13, 2014, a Certificate of Compliance was recorded establishing two legal parcels on
the lands identified as 13531 Burke Road (see Attachment 4). The subject parcel is at the corner
of Burke and Deerfield. The adjacent interior lot (25608 Deerfield Drive) was approved for the
development of a single-family residence in 2015 and is currently under construction. Thetwo
lots are nonconforming (less than one acre) and were created before the Town was incorporated.
Subject Property
The subject property is located on the southwest corner of Burke Road and Deerfield Drive. The
parcel is a substandard, .347 net acre lot that is generally rectangular in shape and is developed
with a 1,492 square foot single family residence and a detached 296 square foot garage that have
nonconforming front and side yard setbacks (the garage is on the property line). A barn/stable
structure originally located on the property line was removed to accommodate the construction of
a new residence at 25608 Deerfield. The property has a gentle east to west slope with the lowest
point being the northwest corner fronting Deerfield Drive. Vegetation consists of oak and conifer
trees primarily along the street frontages with several ornamental trees throughout. Burke Road
and Deerfield Drive are public roadways and the owner has offered a 10 foot right-of-way
easement along Burke Road to meet the Town's requirements for road width. No additional
dedication of right-of-way is required along Deerfield Drive.
Substandard Lots
Due to a recent increase in the number of development proposals on substandard lots, the Town
initiated a review of the maximum permitted floor area allowed. Over the past 6 months., the
Planning Commission
Lands of Kalbali
May 5,2016
Page 2
Planning Commission held several public hearings and presented a recommendation to the City
Council regarding additional development restrictions on substandard lots. The Commission
recommended the adoption of a maximum floor area ratio or FAR (which is derived by dividing
the total floor area of the proposed structures by the net lot area) of 0.18 as an alternative to the
existing formula, with the more restrictive of the two being the maximum floor area permitted.
However,at the February 18,2016 City Council meeting,the Council remanded the proposed FAR
provisions back to the Planning Commission for further review and a joint City Council/Planning
Commission hearing on the subject will occur on May 23, 2016. The applicant had delayed
bringing the project forward at the beginning of the year based on the ongoing deliberations at the
Planning Commission and City Council level. However, due to the Council's decision to delay
action on the FAR requirements, rising construction and lending costs, and the state permit
streamlining requirements, the applicant has decided to move forward with the project.
PROPOSED PROJECT
The applicant is requesting Conditional Development and Site Development Permits to construct
a 2,986 square foot, two-story dwelling with an attached two-car garage and a 1,615 square foot
basement on a parcel with a Lot Unit Factor of.347. All new development on a property with a
Lot Unit Factor of .5 or less requires the approval of a Conditional Development Permit. The
proposed dwelling is within the maximum 27 foot height limit, the maximum floor area and the
maximum development area requirements, and has an FAR of .197. However, the applicant is
also requesting a variance to allow two of the four required parking spaces to be placed in the 30
foot rear yard setback (abuts the southerly property line).
The following table is a summary of the requested floor area and development area and the current
maximums allowed by the Zoning Ordinance.
Gross Lot Area: .347 acres
Net Lot Area: .347 acres (there is no pavement within the Burke Road easement)
Average Slope: 6.09% -
Lot Unit Factor: .347 Floor Area Ratio .197
Area Maximum Proposed Existing Increase Remaining
(sq.ft.) (sq.ft.) (sq.ft.) (sq.ft.) (sq.ft.)
_Development 5,570 5,337 5,660 (323) 233
Floor 3,470 2,986 2,205 781 484
Basement (exempt) (1,615)
Total area of dwelling with 4,601
basement and garage
The owner/developer has stated that their goal is to produce a dwelling that utilizes sustainable
construction practices and is in scale with existing homes on Deerfield Drive.
Planning Commission
Lands of Kalbali
May 5,2016 •
Page 3
CODE REQUIREMENTS
The following code sections are applicable to the project:
- Section 10-1.502(c)—Calculation of maximum development area allowed and requirement
for a Conditional Development Permit.
- Section 10-1.503(c) — Calculation of maximum floor area allowed and requirement for a
Conditional Development Permit.
- Section 10-1.505(a) and (c) — Side and rear yard setback requirements for structures and
hardscape.
- Section 10-1.1003 —Variance Procedure
- Section 10-1.1004—Conditional Development Permit Procedure
- Section 10-1.1007(2)—Variance Approval Conditions
- Section 10-1.1007(3)—Conditional Development Permit Approval Conditions
DISCUSSION
Site Design and Architecture
The proposed project consists of a new two-story residence with a basement and attached two-car
garage. The dwelling faces east (towards Burke Road) and incorporates a contemporary
architectural style similar to the residence under construction on the adjacent lot by utilizing
horizontal wood siding, a hip style roof, a covered front entry porch, decorative trim around and
the windows, and natural stone elements on the lower floor elevations. The garage is facing the
rear yard which creates a more visually appealing front entry and street elevation. The design also
incorporates multiple wall setbacks and roof eaves on each side and between floors to reduce the
two-story mass of the building. The site will be cleared and graded to create a building pad,
driveway, and parking area. Excavation for the basement will result in a net export of
approximately 650 cubic yards of material.
Driveway & Parking
The proposal utilizes an existing driveway access off Burke Road. The driveway will consist of
asphalt, is 14 feet wide, and incorporates two (2) surface parking spaces perpendicular to the two-
car garage. There are two additional parking spaces in the attached garage for a total of four
parking spaces,which meets Zoning code requirements for a new residence. A variance is required
to allow the open parking spaces within the rear yard setback. Although the size and shape of the
building envelope would allow for a conforming four car garage or a combination of a
garage/carport facing the rear yard, the designer has chosen the current design to present a more
visually appealing street elevation and to provide greater usable living area on the main floor. In
addition,the garage and open parking directly abuts the driveway and parking areas of the adjacent
property at 13505 Burke Road and the reduced paving in the yard facing the street is more in
character with the rural residential area. Futhermore, five other properties on Deerfield Drive and
one on Burke Road have been granted variances for parking in setbacks. A fire truck turnaround
was not a requirement of the project because all areas of the house are within 150 feet of the street.
Planning Commission
Lands of Kalbali
May 5,2016
Page 4
Outdoor Lighting
Outdoor lighting is shown on the building elevations and consists of lights in the front entry, wall
mounted lighting on the side of each garage door, and wall lights at the doors facing the back yard.
Proposed lighting complies with the Outdoor Lighting Policy. Standard lighting Condition#11,
regarding outdoor lighting, requires that fixtures be down lights, shielded and/or have
frosted/etched globes. Applicants are required to submit outdoor landscape lighting details with
the landscape screening plan once the structure is framed.
Grading & Drainage
The Engineering Department has reviewed the civil engineering plans and has provided
recommended conditions of approval. The site grading and cut are primarily for the basement
excavation, driveway and parking areas. The grading quantities include:
• 700 cubic yards of cut
• 50 cubic yards of fill
• 650 cubic yards export
The drainage design directs water into area drains and swales and conveys the water to Deerfield
Drive similar to the existing sheet flow patterns on the site. The existing amount of impervious
surface on the site will be reduced through the proposed project,therefore, no additional detention
systems are required. In addition,the Flood Insurance Rate Maps indicate that the property is not
within a flood hazard area.
Geotechnical Review
The applicant has provided a Geotechnical Investigation prepared by Silicon Valley Soil
Engineering dated January 2014. The investigation found that the soils have low expansive
qualities and that the site is suitable for the proposed dwelling. Specific grading and foundation
design recommendations have been included in the report and will be included in the conditions
of approval for the project that will also include follow up documentation and review of the
construction documents by the project geologist(Conditions 18, 19, and 20).
Trees & Landscaping
The property has a number of non-native and native tree and shrub species located primarily on
the perimeter of the property. A cedar and pine tree will be removed in the rear yard to
accommodate the driveway but no native oaks are proposed for removal. The owner has not
submitted a preliminary landscaping plan but is aware that substantial landscape screening will be
required along Deerfield Drive and along the southerly property line.
Planning Commission
Lands of Kalbali
May 5,2016
Page 5
Green Building Ordinance
The applicant submitted a GreenPoint checklist in compliance with the Town's Green Building
Ordinance. The new dwelling is designed to achieve a point total of 66.5 which exceeds the
minimum of 50 points in the GreenPoint Rated certification program.
Fire Department Review
The Santa Clara County Fire Department reviewed the plans and has required that the building be
equipped with fire sprinklers. The property is not located within the Wildland-Urban Interface Fire
Area.
Sanitation
The new residence will connect to the existing sewer line that serves Burke Road. No sewer
reimburse fee is required because there is an existing public sewer line in Burke Road. No
additional easements are required.
Findings for Conditional Development Permit
As required by Section 10-1.1007 of the Zoning Ordinance, this application for a new residence
has been forwarded to the Planning Commission for review and approval. A Conditional
Development Permit (CDP) is required since the proposed project is located on a property with a
lot unit factor (LUF) of 0.50 or less. Pursuant to Section 10-1.1007 (3) of the Zoning Ordinance,
the Planning Commission shall determine whether the proposed development meets the standards
of the Town by considering evidence in support of the Findings of Approval. The applicant has
submitted a letter dated January 20, 2016 providing additional support for making the Conditional
Development Permit findings (see Attachment 5). The Staff has prepared the CDP findings (see
Attachment 1) for this property as follows:
1. The site for the proposed development is adequate in size, shape and topography to
accommodate the proposed intensity of development, including all structures, yards,
open spaces, parking, landscaping, walls and fences, and such other features as may be
required by this chapter.
The subject property is relatively flat with direct access to a public road. The existing dwelling
and detached garage substantially encroach into the required setbacks whereas the new
structure is located entirely within the building envelope, is below the maximum floor area,
development area and height regulations, and does not encroach into the required setbacks.
The applicant has requested a variance to allow required parking within the rear yard setback
The parking variance has been approved by the Planning Commission based on findings that
the property is a legal substandard parcel, the building envelope has been further reduced by
the requirement of an easement for additional right-of-way, and the design and location of the
parking provide an improved design over a front facing garage and that the design is more
harmonious with the typical development in the surrounding neighborhood.
Planning Commission
Lands of Kalbali
May 5,2016
Page 6
2. The size and design of the proposed structures create a proper balance, unity and
harmonious appearance in relation to the size, shape and topography of the site and in
relation to the surrounding neighborhood.
The Deerfield Drive/Burke Road neighborhood is a mix of one and two-story residences on
substandard lots with the majority of homes having been remodeled or replaced with new
dwellings that are larger than the original home. A majority of the properties are less than
half an acre in size with an LUF of.5 or lower and multiple properties have received CDP and
variance approvals over the past 30 years for reduced setbacks and/or increases in their MFA
and MDA. The 2,986 square feet of floor area and 5,337 square feet of development area are
below the averages for the homes on Deerfield Drive and although the floor area/lot area ratio
of.197 is greater than the average on the block, it is not excessive when compared to homes
on similar sized lots. Therefore, the proposed request for a new dwelling that does not exceed
the MFA or MDA and meets all other development standards with the exception of setbacks
for parking is compatible with the existing development pattern in the area and consistent with
previous approvals for properties in the neighborhood.
3. The rural character of the site has been preserved as much as feasible by minimizing
vegetation and tree removal, excessive and unsightly grading and alteration of natural
land forms.
No significant trees and shrubs are impacted by the development of the parcel as grading will
be minimal and all oaks and a majority of other trees along the perimeter of the site will be
preserved. A landscape screening plan will ensure that existing trees and shrubs will be
supplemented by new landscaping to adequately screen the residence, reduce the visual
impact, and preserve the rural character of the site.
4. The proposed development is in compliance with all regulations and policies set forth in
the Site Development ordinance.
The proposed residence is in compliance with all regulations and policies set forth in the Site
Development Ordinance with the exception of the request for a variance to allow for two
required parking spaces in the rear yard setback. This variance has been approved by the
Planning Commission based on findings that the property is a legal substandard parcel and
that the design of the parking in the rear yard provides an improved design over a front facing
garage and that the design is more harmonious with the typical development in the
surrounding neighborhood. In addition, the existing dwelling and detached garage
substantially encroach into the front and side yard setbacks and the proposed project will bring
the structure into full compliance.
A list of previously approved Conditional Development Permits is available under Attachment 6.
Planning Commission
Lands of Kalbali
May 5,2016
Page 7
Justification for Variances and Findings
In order to approve a Variance, the Planning Commission must make the following four findings:
1. That, because of exceptional or extraordinary circumstances applicable to the subject
property, including size, shape, topography, location or surroundings, the strict
application of the provisions of this title is found to deprive such property of privileges
enjoyed by other properties in the vicinity and under identical zoning classification;
2. That upon the granting of the variance, the intent and purpose of the applicable sections
of this title will still be served and the recipient of the variance will not be granted special
privileges not enjoyed by other surrounding property owners;
3. That the granting of such variance will not be materially detrimental to the public
welfare or injurious to the property, improvements or uses within the immediate vicinity
and within the same zoning district;
4. That the variance will not authorize a use or activity which is not otherwise expressly
authorized by the zoning district regulations governing the parcel or property.
A project with a substandard lot size and a Lot Unit Factor (LUF) of.5 or less would generally
qualify as meeting the criteria in Findings #1 and #2 based on the fact that the lot area is
substantially less than the one acre minimum. Therefore,the imposition of the same setbacks and
zoning standards does deprive the property owner of certain privileges,including a more restrictive
building envelope, reduced patio and outdoor recreation areas, and design restrictions.
The applicant submitted a letter dated January 20, 2016 in support of the variances requested
(Attachment 7). The primary justification stated for the setback variances is the fact that the
required yard setback encompasses a much larger portion of a substandard lot than a standard one
acre lot. Figure 1.2 on page 4 of the letter shows that on a standard one acre lot, the setbacks
encompass 52% of the total lot area whereas on the subject parcel, the setbacks encompass 83%
of the property. This places a substantial limitation on the size of the building footprint,especially
given that the four required parking spaces must also be included within the building envelope. In
addition, a design that places all four parking spaces within the building envelope would result in
a large portion of the ground floor being used for parking which substantially alters the
architectural design of the building and the useable floor area on that main floor level.
In order to properly evaluate the proposed project and to gain a perspective on previous variance
approvals in the immediate surrounding area, staff reviewed the Town's records for variances on
substandard properties along Deerfield Drive and on adjacent properties along Burke and Fremont
Roads and included the information in the following table:
Planning Commission
Lands of Kalbali
May 5,2016
Page 8
Surrounding Substandard Properties with a Variance Approval
Address. Net Lot Existing or New Variance Granted
Size/LUF Residence
13621 Burke N/A Existing 1962 — Guest Cottage in side yard
setback
13631 Burke .453 acres New 1994—Parking in side yard setback and
.453 LUF increase in MFA
25561 Deerfield .4 acres New 1988 — Allow for a 20 foot side yard
.4 LUF setback for dwelling
25608 Deerfield .359 acres New 2015- Request for parking in the side
.359 LUF yard setback and a back-up area within
10 feet of the property line
25620 Deerfield .44 acres Existing/Room 1983 — Expansion over maximum
.37 LUF Addition allowed building coverage and 4 foot
encroachment into side yard
25700 Deerfield .43 acres Existing/Room 2001 —. Exceed maximum MFA and
.31 LUF Addition MDA
25701 Deerfield .381 acres New 2005—Parking in the side yard setback
.33 LUF
25711 Deerfield .498 acres Major 2015 — Parking in the front yard
.451 LUF Addition/Remodel setback
25731 Deerfield .478 acres Existing/Room 1994 — Exceed maximum MFA and
.43 LUF Addition MDA
13530 Fremont N/A New 2005—Parking in the side yard setback
Proposed Project
13531 Burke .347 acres New Request for parking in the rear yard
.347 LUF setback
Of the 12 properties on Deerfield Drive (all of which are substandard lots), seven have been
granted some type of variance over the past 20 years. With regard to parking, five properties in
the surrounding area were granted a variance for parking spaces within a required setback area,
the most recent occurring in 2015. In addition, the existing residence and detached garage
encroach substantially into the front and side yard setbacks whereas the new residence and garage
will meet the minimum setback requirements and the design is more architecturally compatible
with the neighborhood. Although it is possible to construct a dwelling with required parking on
the subject site without the need for any variance, staff supports the parking variance due to the
substantial reduction in the development area that results from the strict application of the 30 foot
Planning Commission
Lands of Kalbali
May 5,2016
Page 9
setbacks and the proposed open parking spaces are located in an area that abuts the garage,parking
and driveway areas on the adjacent lot.
Regarding the last two findings, Finding #3 can be met because the development of the property
will not be detrimental to public welfare or surrounding properties as the parking encroachment
can be screened by landscaping and will not be significantly visible to existing residents. Finding
#4 can also be met because the variance is not for a use or activity that is not permitted in the
zoning district.
PUBLIC COMMENTS
As of the writing of the staff report,the Town has received two e-mails from a resident on Deerfield
Drive and met with a neighbor at Town Hall to discuss the plans. In addition, the applicant has
submitted one letter of support from another neighbor on Deerfield Drive (Attachment 8).
Town Committee's Review
The Pathways Committee recommended that the applicant/owner construct a Type 2B roadside
path along Burke Road and continue around the corner onto Deerfield to align with the Fremont
Road path(Condition#26).
The Environmental Design and Protection Committee provided a general comment on the size of
the proposed dwelling.
CONCLUSION
The Deerfield Drive/Burke Road neighborhood is a mix of one and two-story homes that were
originally built in the 1940s and several have been remodeled or replaced with new dwellings that
are typically larger than the previous home. Numerous properties in the immediate area are less
than half an acre in size,have an LUF of.5 or lower,and have received previous CDP and Variance
approvals for reduced setbacks and/or increases in MFA and MDA. The proposed request for a
new residence is well below the maximum floor area and development area allowed by the Zoning
Ordinance, is below the average floor area and development area of homes in the Deerfield
neighborhood, is similar in floor area size to surrounding homes, and meets all other development
standards with the exception being the 30 foot setback for required parking. In addition, no
significant trees or vegetation are impacted by the development and there is adequate remaining
area on the property to provide screening from the street and surrounding properties.
ENVIRONMENTAL CLEARANCE (CEPA)
The proposed single family residence is categorically exempt from the provisions of the California
Environmental Quality Act per Section 15303(a) — construction of a new single family residence
where public services are available in a residential zone.
Planning Commission
Lands of Kalbali
May 5,2016
Page 10
ATTACHMENTS
1. Conditional Development Permit Findings
2. Variance Findings
3. Recommended Conditions of Approval
4. Recorded Certificates of Compliance
5. Letter from Applicant on Conditional Development Permit dated revised January 20, 2016
6. List of Previously Approved Conditional Development Permits
7. Letter from Applicant on Variance Application dated revised January 20, 2016
8. Letter from Mr. Zoroufy, 25711 Deerfield Drive, in support of the project.
9. Proposed Plans—Planning Commission only
ATTACHMENT 1
ATTACHMENT 1
FINDINGS OF APPROVAL FOR THE CONDITIONAL DEVELOPMENT PERMIT
LANDS OF KALBALI; 13531 Burke Road
File # 232-14-ZP-SD-CDP-VAR
1. The site for the proposed development is adequate in size, shape and topography to
accommodate the proposed intensity of development, including all structures, yards,
open spaces, parking, landscaping, walls and fences, and such other features as may be
required by this chapter.
The subject property is relatively flat with direct access to a public road. The existing
dwelling and detached garage substantially encroach into the required setbacks whereas the
new structure is located entirely within the building envelope, is below the maximum floor
area, development area and height regulations, and does not encroach into the required
setbacks. The applicant has requested a variance to allow required parking within the rear
yard setback. The parking.variance has been approved by the Planning Commission based
on findings that the property is a legal substandard parcel, the building envelope has been
further reduced by the requirement of an easement for additional right-of-way, and the
design and location of the parking provide an improved design over a front facing garage
and that the design is more harmonious with the typical development in the surrounding
neighborhood.
2. The size and design of the proposed structures create a proper balance, unity and
harmonious appearance in relation to the size, shape and topography of the site and in
relation to the surrounding neighborhood.
The Deerfield Drive/Burke Road neighborhood is a mix of one and two-story residences on
substandard lots with the majority of homes having been remodeled or replaced with new
dwellings that are larger than the original home. A majority of the properties are less than
half an acre in size with an LUF of.5 or lower and multiple properties have received CDP
and variance approvals over the past 30 years for reduced setbacks and/or increases in their
MFA and MDA. The 2,986 square feet of floor area and 5,337 square feet of development
area are below the averages for the homes on Deerfield Drive and although the floor
area/lot area ratio of.197 is greater than the average on the block, it is not excessive when
compared to homes o'n similar sized lots. Therefore, the proposed request for a new dwelling
that does not exceed the MFA or MDA and meets all other development standards with the
exception of setbacks for parking is compatible with the existing development pattern in the
area and consistent with previous approvals for properties in the neighborhood.
3. The rural character of the site has been preserved as much as feasible by minimizing
vegetation and tree removal, excessive and unsightly grading and alteration of natural
land forms.
No significant trees and shrubs are impacted by the development of the parcel as grading
will be minimal and all oaks and a majority of other trees along the perimeter of the site will
be preserved. A landscape screening plan will ensure that existing trees and shrubs will be
supplemented by new landscaping to adequately screen the residence, reduce the visual
impact, and preserve the rural character of the site.
4. The proposed development is in compliance with all regulations and policies set forth in
the Site Development ordinance.
The proposed residence is in compliance with all regulations and policies set forth in the Site
Development Ordinance with the exception of the request for a variance to allow for two
required parking spaces in the rear yard setback This variance has been approved by the
Planning Commission based on findings that the property is a legal substandard parcel and
that the design of the parking in the rear yard provides an improved design over a front
facing garage and that the design is more harmonious with the typical development in the
surrounding neighborhood. In addition, the existing dwelling and detached garage
substantially encroach into the front and side yard setbacks and the proposed project will
bring the structure into full compliance.
ATTACHMENT 2
ATTACHMENT 2
FINDINGS OF APPROVAL FOR THE VARIANCE REQUEST
LANDS OF KALBALI; 13531 Burke Road
File#232-14-ZP-SD-CDP-VAR
1. That, because of exceptional or extraordinary circumstances applicable to the
subject property, including size, shape, topography, location or surroundings, the
strict application of the provisions of this title is found to deprive such property of
privileges enjoyed by other properties in the vicinity and under identical zoning
classification.
The proposed dwelling is located on a substandard lot of .347 net acres which is
substantially less than the one acre minimum in Town. Therefore, the imposition of the
same setbacks and zoning standards that apply to a one acre lot deprives the property
owner of certain privileges, including a substantial reduction in the property's buildable
area, reduced patio and outdoor recreation areas, and limitations on the siting of the
dwelling and parking areas. The required yard setbacks encompass 83% of the subject
property whereas they only encompass approximately 50% of a typical one acre parcel.
This places a substantial limitation on the size of the building footprint, especially when
the four required parking spaces must also be included within the building envelope. In
addition, a design that places all four parking spaces within the building envelope would
result in a large portion of the ground floor being used for parking which substantially
alters the architectural design of the building and the useable floor area on that main
floor level.
2. That upon the granting of the variance, the intent and purpose of the applicable.
sections of this title will still be served and the recipient of the variance will not be
granted special privileges not enjoyed by other surrounding property owners.
The applicant/owner is providing the minimum number of required parking spaces
however a setback variance is necessary due to the substantial reduction in the
development area that results from the strict application of the 30 foot side and rear yard
setbacks on the .347 acre lot. The approval of the setback variance results in a design
that is more architecturally compatible with the neighborhood.
3. That the granting of such variance will not be materially detrimental to the public
welfare or injurious to the property, improvements or uses within the immediate
vicinity and within the same zoning district.
The development of the property will not be detrimental to public welfare or surrounding
properties as the proposed development does not exceed the maximum floor area or
development area standards, adequate access to a public road is available, and the
parking and back-up encroachments can be screened by landscaping and will not be
highly visible to existing residents. In addition, the garage and parking along the
easterly portion of the lot should not have a detrimental impact on surrounding residents
because the improvements abut property owned by the applicant and any new structure
on that abutting lot will be designed to address that impact.
4. That the variance will not authorize a use or activity which is not otherwise
expressly authorized by the zoning district regulations governing the parcel or
property.
The variance request is not for a use or activity that is not permitted in the zoning
district.
ATTACHMENT 3
ATTACHMENT 3
RECOMMENDED CONDITIONS OF APPROVAL FOR A CONDITIONAL
DEVELOPMENT PERMIT AND VARIANCE FOR A NEW RESIDENCE
LANDS OF KALBALI; 13531 Burke Road
File#232-14-ZP-SD-CDP-VAR
PLANNING DEPARTMENT:
1. No other modifications to the approved plans are allowed except as otherwise first reviewed
and approved by the Planning Director or the Planning Commission, depending on the scope
of the changes.
2. All existing Blue Gum (E. globulus), Pink Ironbark (E. sideroxylon rosea), River Red Gum
(E. camaldulensis), Swamp Gum(E. rudis), Honey Gum (E. melliodora), or Manna Gum (E.
viminalis) eucalyptus trees on the property located within 150' of any structures or roadways
shall be removed prior to final inspection of the new residence. Removal of eucalyptus trees
shall take place between the beginning of August and the end of January to avoid disturbance
of nesting birds protected under the Federal Migratory Bird Treaty Act (MBTA) and
California Department of Fish and Game Code Section 3500 et seq unless a nesting bird survey
is first conducted and there is a determination that there are no active nests within the tree.
3. After completion of rough framing and/or at least six (6) months prior.to scheduling a final
inspection, the applicant shall submit landscape screening and erosion control plans for
review by the Site Development Committee. The application for landscape screening and
erosion control shall be accompanied by the applicable fee and deposit and plans shall be
reviewed at a noticed public hearing. Attention shall be given to plantings which will be
adequate to break up the view of the new residence from surrounding properties and streets.
Emphasis shall be placed on dense screen plantings along Deerfield Drive. All landscaping
required for screening purposes and for erosion control (as determined by the City Engineer)
must be installed prior to final inspection of the new residence. The landscape screening plan
shall comply with Section 10-2.809 (water efficient landscaping) of the Los Altos Hills
Municipal Code.
4. A landscape maintenance deposit in the amount of $5,000 shall be posted prior to final
inspection.An inspection of the landscape to ensure adequate establishment and maintenance
shall be made two years after the installation. The deposit will be released at that time if the
plantings remain viable.
5. Prior to beginning any grading operation, all significant trees,particularly any oak trees, are
to be fenced at the drip line. The fencing shall be of a material and structure (chain-link) to
clearly delineate the drip line. Town staff must inspect the fencing and the trees to be fenced
prior to commencement of grading. The property owner shall call for said inspection at least
three days in advance of the inspection. The fencing must remain throughout the course of
construction. No storage of equipment, vehicles or debris shall be allowed within the drip
Lands of Kalbali
13531 Burke Road
May 5,2016
Page 2 of 6
lines of these trees. Existing perimeter plantings shall be fenced and retained throughout the
entire construction period.
6. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor
shall certify in writing and state that "the location of the new residence, chimney, and roof
eaves are a minimum of 40' from the front property line and 30' from the side andrear
property lines." The elevation of the new residence shall be similarly certified in writing to
state that"the elevation of the finished first floor of the new residence matches the elevation
and location shown on the Site Development plan." The applicant shall submit the stamped
and signed letter(s) to the Planning Department prior to requesting a final inspection.
7. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor
shall certify in writing and state that"the height of the new residence complies with the 27'-
0"maximum structure height,measured as the vertical distance at any point from the bottom
of the crawl space or basement ceiling if excavated below natural grade, to the highest part
of the structure directly above (including roof materials)." The overall structure height shall
be similarly certified in writing and state that"all points of the building (including chimneys
and appurtenances) lie within a thirty-five (35') foot horizontal band based, measured from
the lowest visible natural or finished grade topographical elevation of the structure along the
building line and the highest topographical elevation of the roof of the structure." The
applicant shall submit.the stamped and signed letter(s) to the Planning Department prior to
requesting a final inspection.
8. Exterior finish colors of all buildings shall have a light reflectivity value of 50 or less and roof
materials shall have a light reflectivity value of 40 or less,per manufacturer specifications. All
color samples shall be submitted to the Planning Department for approval prior to acceptance
of plans for building plan check. All applicable structures shall be painted in conformance
with the approved color(s)prior to final inspection.
9. No fencing is approved with this application. Any new fencing or gates shall require review
and approval by the Planning Department prior to installation.
10. Outdoor lighting is approved as shown on the plans. Exterior light fixtures shall have frosted
glass, be down lights or utilize fully shielded fixtures. Any additional outdoor lighting shall
require review and approval by the Planning Department prior to installation. No lighting
may be placed within setbacks except two entry or driveway lights.
11. Skylights, if utilized, shall be designed and constructed to reduce emitted light (tinted or
colored glass, or other material). No lighting may be placed within skylight wells.
12. Fire retardant roofing (Class A) is required for all new construction.
13. At time of submittal of plans for building plan check, the applicant shall submit one of the
following checklists to demonstrate compliance with the Town's Green Building Ordinance:
Lands of Kalbali
13531 Burke Road
May 5,2016
Page 3 of 6
a. A GreenPoint Rated checklist with the building permit application to indicate that
the project will achieve a minimum of fifty (50) points. The checklist shall be
completed by a qualified green building professional and shall be attached to the
front of the construction plans. The construction plans shall include general notes
or individual detail drawings, where feasible, showing the green building measure
to be used to attain the required points.
b. A LEED for Homes checklist with the building permit application to indicate that
the project will achieve a minimum of forty-five (45)points or LEED certification.
The checklist shall be completed by a qualified green building professional and
shall be attached to the front of the construction plans. The construction plans shall
include general notes or individual detail drawings, where feasible, showing the
green building measure to be used to attain the required points.
14. Prior to final inspection and occupancy,a qualified green building professional shall provide
documentation verifying that the building was constructed in compliance with GreenPoint
Rated or LEED® certification.
15. All properties shall pay School District fees to either the Los Altos School District or the
Palo Alto Unified School District, as applicable,prior to acceptance of plans for building
plan check. The applicant must take a copy of worksheet#2 to school district offices (both
elementary and high school in the Los Altos School District), pay the appropriate fees and
provide the Town with a copy of the receipts.
16. All construction access to the site shall utilize the existing driveway on Burke Road.
Construction fencing along Deerfield Drive shall have no gates or openings to allow
vehicular or pedestrian traffic. No construction parking is permitted along Deerfield Drive
or along Burke Road.
17. The project is subject to the Town's Construction Time Limit Ordinance (Chapter 10, Title
VIII of the Municipal Code). The maximum time for completion of the new residence shall
be 36 months from the date of Building Permit issuance. Failure to complete the project in
the allotted time may result in substantial penalties and fees.
ENGINEERING DEPARTMENT:
18. Two sets of a final Grading and Drainage plan shall be submitted for review and approval by
the Engineering Department prior to acceptance of plans for building plan check. Final
drainage and grading shall be inspected by the Engineering Department and any deficiencies
corrected to the satisfaction of the Engineering Department prior to final inspection. A letter
shall be submitted from the project engineer stating that the site grading and drainage
improvements were installed as shown on the approved plans prior to final inspection.
19. Any and all changes to the approved grading and drainage plan shall be submitted as
revisions from the project engineer and shall first be approved by the Town Engineering
Lands of Kalbali
13531 Burke Road
May 5,2016 •
Page 4 of 6
Department. No grading shall take place during the grading moratorium(October 15 to April
15) except with prior approval from the City Engineer. No grading shall take place within
ten feet of any property line except to allow for the construction of the driveway access.
20. All public utility services serving this property shall be placed underground. The applicant
should contact PG&E immediately after issuance of building permit to start the application
process for undergrounding utilities which can take up to 6-8 months.
21. Two copies of an Erosion and Sediment Control plan shall be submitted for review and
approval by the Engineering Department prior to acceptance of plans for building plan
check. The contractor and the property owner shall comply with all appropriate
requirements of the Town's NPDES permit relative to grading and erosion/sediment control.
The first 100 feet of the driveway shall be rocked during construction and all cut and fill
slopes shall be protected from erosion. All areas on the site that have the native soil disturbed
shall be protected for erosion control during the rainy season and shall be replanted prior to
final inspection.
22. Two copies of a Grading and Construction Operation plan shall be submitted by the property
owner for review and approval by the City Engineer and Planning Director prior to
acceptance of plans for building plan check. The grading/construction operation plan shall
address truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic safety
on Burke Road and surrounding roadways, storage of construction materials, placement of
sanitary facilities, parking for construction vehicles, clean-up area, and parking for
construction personnel. A debris box (trash dumpster) shall be placed on site for collection
of construction debris. Arrangements must be made with the GreenWaste Recovery, Inc. for
the debris box, since they have a franchise with the Town and no other hauler is allowed
within the Town limits.
23. The property owner shall inform the Town of any damage and shall repair any damage caused
by the construction of the project to pathways, private driveways, and public and private
roadways,prior to final inspection and release of occupancy permits and shall provide the
Town with photographs of the existing conditions of the roadways and pathways prior to
acceptance of plans for building plan check.
24. The property owner shall dedicate additional right of way easement to create a 30'wide half-
width public right of way to the Town over Burke Road. The property owner shall provide
legal description and plat exhibits that are prepared by a registered civil engineer or a licensed
land surveyor and the Town shall prepare the dedication document. The dedication
document, including the approved exhibits, shall be signed and notarized by the property
owner and returned to the Town prior to acceptance of for building plan check.
25. The property owner shall be required to connect to the public sanitary sewer prior to final
_inspection.A sewer hookup permit shall be required by the Town's Public Works Department
prior to acceptance of plans for building plan check. An encroachment permit shall be
required for all work within the public right of way prior to of start of work.
Lands of Kalbali
13531 Burke Road
May 5,2016
Page 5 of 6
26. The property owner shall construct a Type 2B pathway along Burke Road and continue the
path around the corner onto Deerfield Drive to align with the path on the west side of Fremont
Road to the satisfaction of the Engineering Department prior to final inspection.The segment
going around the corner shall be separated from the pavement for safety. An encroachment
permit shall be required by the Town's Public Works Department for all work within the
public right of way prior to start of work.
FIRE DEPARTMENT:
27. An automatic residential fire sprinkler system approved by the Santa Clara County Fire
Department shall be installed in all portions of the building. Three sets of plans prepared by a
sprinkler contractor shall be submitted to the Santa Clara County Fire Department (14700
Winchester Blvd., Los Gatos, CA 95032) for review and approval. The sprinklers shall be
inspected and approved by the Fire Department,prior to final inspection and occupancy of the
new residence.
28. Approved numbers or addresses shall be placed on all new and existing buildings in such a
position as to be plainly visible and legible from the street or road fronting the property.
Numbers shall contrast with their background.
29. All construction sites must comply with applicable provisions of the CFC Chapter 33 and
the Standard Detail and Specification SI-7.
30. Potable water supplies shall be protected from contamination cause by fire protection water
supplies. It is the responsibility of the applicant and any contractors to contact the water
purveyor supplying the site of such project, and to comply with the requirements of that
purveyor. Such requirements shall be incorporated into the design of any water based fire
protection systems, and/or fire suppression water supply systems or storage.
CONDITION NUMBERS 8, 15, 18, 21, 22, 23, 24 and 25 SHALL BE COMPLETED AND
SIGNED OFF BY THE PLANNING DEPARTMENT AND THE ENGINEERING
DEPARTMENT PRIOR TO ACCEPTANCE OF CONSTRUCTION PLANS FOR PLAN
CHECK BY THE BUILDING DEPARTMENT.
Project approval may be appealed if done so in writing within 22 days of the date of the Planning
Commission decision. The building permit cannot be issued until the appeal period has lapsed.
The applicant may submit construction plans to the Building Department after May 27, 2016
provided the applicant has completed all conditions of approval required prior to acceptance of
plans for building plan check.
Please refer to the Conditions of Project Approval set forth herein. If you believe that these
Conditions impose any fees, dedications, reservation or other exactions under the California
Government Code Section 66000, you are hereby notified that these Conditions constitute written
notice of a statement of the amount of such fees, and/or a description of the dedications,
Lands of Kalbali
13531 Burke Road
May 5,2016
Page 6 of 6
reservations, and other exactions. You are hereby further notified that the 90-day approval period
in which you may protest such fees, dedications, reservations, and other exactions, pursuant to
Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day
period complying with all of the requirements of Section 66020, you will be legally barred from
later challenging such exactions.
Upon completion of the construction, a final inspection shall be required to be set with the
Planning and Engineering Departments two weeks prior to final building inspection approval.
NOTE: The Conditional Development Permit is valid for one year from the approval date (until
May 5, 2017). All required building permits must be obtained within that year and work on items
not requiring a building permit shall be commenced within one year and completed within two
years.
DOCUMENT: 22542575 ATTACHMENT 4
r
RECORDING REQUESTED BY: 11 II III II 111 III 111 1111
II
1 axes. . .
Town of Los Altos Hills AMT opI PA 1 D 40.00
WHEN RECORDED MAIL TO: REGINA ALCOMENDRAS RDE 14 026
City Clerk SANTA CLARA COUNTY RECORDER 3/13/2014
Town of Los Altos Hills Recorded at the request of 8:00 AM
26379 Fremont Rd. Old Republic Title Company
Los Altos Hills, CA 94022
TOWN OF LOS ALTOS HILLS
CERTIFICATE OF COMPLIANCE
(Sec.66499.35.California Government Code)
Owner: Affected Assessor's Parcel Numbers:
KDCI Development LLC,a California Limited Liability . Parcel No. 1 APN: 175-26-044
Company Parcel No.2 APN: 175-26-043
400 Reed Street,Suite 185
Santa Clara,CA 95050
This certificate is being issued for two(2) distinct parcels: Parcel 1:APN 175-26-044,and Parcel 2:APN 175-26-043.
{Government Code Section:66499.35(f)(2))
This certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and local
ordinances enacted pursuant thereto.The parcels described herein may be sold, leased,or financed without further
compliance with the Subdivision Map Act or any local ordinance enacted pursuant thereto. Development of the
parcels may require issuance of a permit or permits,or other grant or grants of approval.{Government Code
Section:66499.35(f)(1)(E)}
I,Cyrus Kianpour,Acting City Surveyor for the Town of Los Altos Hills,do find, declare,and certify that the parcel
comprised of APN 175-26-044,also described in Exhibit"A"and shown in Exhibit"B",and parcel comprised of APN
175-26-043,also described in Exhibit"C"and shown in Exhibit"D",are in conformance with Section 66499.35 of the
California Government Code and local ordinances enacted pursuant thereto. The documents necessary to
accomplish the Certificate of Compliance are attached hereto,and consist of the following named documents:
1) This Certificate
2) Exhibit"A"—Legal description, Parcel No. 1
3) Exhibit"B"— Plat to Accompany Legal Description, Parcel No. 1
4) Exhibit"C"—Legal description, Parcel No.2
5) Exhibit"D"—Plat to Accompany Legal Description,Parcel No. 2
This Certificate together with the legal descriptions and plats included herewith constitute the Certificate of
Compliance approved by the Town of Los Altos Hills in compliance with Section 66499.35 of the California
Government Code.
3. 7 _ z011- A / ( �,`�Q�
q}
Date of Approval Cyru Klan,POU! Acting City Surveyor a
No.7515
Land Surveyor; o.7515
� � License Expire : 12-31-15 �* E>�.P �.C.I� *
r (S'
ATTEST: CJ Q �q '
City Clerk
ACKNOWLEDGMENT
State of California
County of Santa Clara
On March 7, 2014 before me Deborah L. Padovan, Notary Public
(insert name and title of the officer)
personally appeared Cyrus Kianpour
who proved to me on the basis of satisfactory evidence to be the person(4whose name(s)cis/am
subscribed to the within instrument and acknowledged to me that heVh1a/tNey executed the same in
his/f authorized capacity(le ), and that by his/ IC 'iIcsignature`(, on the instrument the
person();or the entity upon behalf of which the person(gracted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. •DEBQRAH L.PADOVAN
f Commission#1929787
WITNESS my hand and official seal. ' Notary Public-California
i''% Sonoma County.
Comm.Ex ire, r 19,2015
/
Signature / (Seal)
EXHIBIT"A"
LEGAL DESCRIPTION FOR
THE LANDS OF KDCI DEVELOPMENT LLC
APN: 175-26-044
ALL THAT CERTAIN REAL PROPERTY, SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA, BEING ALL OF PARCEL NO. 1 AS DESCRIBED IN
THAT CERTAIN GRANT DEED RECORDED DECEMBER 11,2013 AS DOCUMENT NO. 22468983,
SANTA CLARA COUNTY RECORDS,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1" IRON PIPE LOCATED AT THE MOST SOUTHWESTERLY CORNER OF SAID
PARCEL NO. 1,SAID POINT ALSO BEING THE MOST SOUTHEASTERLY CORNER OF PARCEL NO.
2 AS DESCRIBED IN SAID GRANT DEED;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL NO. 1 AND THE EASTERLY LINE OF
SAID PARCEL NO. 2 NORTH 30°52'00"EAST,A DISTANCE OF 131.82 FEET TO A 1"IRON PIPE
AT THE MOST NORTHWESTERLY CORNER OF SAID PARCEL NO, 1, SAID CORNER ALSO BEING
ON THE SOUTHERLY RIGHT-OF-WAY LINE OF DEERFIELD DRIVE(40'WIDE);
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL NO. 1 AND THE SOUTHERLY RIGHT-
OF-WAY LINE OF DEERIghLD DRIVE SOUTH 77°52'00"EAST,A DISTANCE OF 120.97 FEET TO
A 1"IRON PIPE AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL NO. 1,SAID CORNER
ALSO BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF BURKE ROAD;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL NO. 1 AND THE WESTERLY RIGHT-OF-
WAY LINE OF BURKE ROAD SOUTH 30°52'00"WEST,A DISTANCE OF 131.82 FEET TO A 3/4"
IRON PIPE AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL NO. 1;
THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE, ALONG THE SOUTHERLY LINE OF
SAID PARCEL NO. 1 NORTH 77°52'00"WEST,A DISTANCE OF 120.97 FEET TO THE POINT OF
BEGINNING. •
CONTAINING 15,102 SQUARE FEET,MORE OR LESS.
AS SHOWN ON EXHIBIT"B"MADE A PART HEREOF,
END OF DESCRIPTION `. v LAND +
PREPARED BY OR UNDER IN, ♦14p
THE SUPERVISION OF: .4 b ♦A
0
0 No. 7�t3
-//4/GRE It .BRAZE DATE 1%74*q, X41
44
4
40NATUR ES1"14
G:\Correspondence\2013 jobs\2130924\Legal\Legal Parcel-1 Page 1 of 2
DEERFIELD DRIVE (40') BASIS OF BEARINGS
FOUND 3/4" o - _ _ THE BEARING S30'52'00"W OF THE WEST
OPEN IRON PIPE LINE OF BURKE ROAD, ESTABLISHED BY
(BENT) N30'52'00"E b EXISTING MONUMENTS, AS DESCRIBED IN
' 21.12' N THAT CERTAIN GRANT DEED RECORDED AS
0
S77'52'00"E(1) 120.97'(1) DOCUMENT NO. 19260253, SANTA CLARA
.COUNTY RECORDS WAS USED AS SEE DETAIL--- �/ 1OF ALL BEARINGS SHOWN UPON THISEPLAATIS
FOUND 1" OPEN FOUND 1" OPEN
IRON PIPE IRON PIPE REFERENCES
0
.420'
/
�/ `^ ,. (1) DOCUMENT NO.
22468983
o 4 t� / LANDS OF /Q^,
, KDCI DEVELOPMENT LLC -41111111..4...,
a 0 �N PARCEL NO. 1 N 014
DOC. 22468983 W� 20.00' IT oma.
d gm a, 0 7 APN: 175-26-044 1 o N
4:),;.7 8 15,102 SQ.FT.± �, k --L_ `v o ry
no � � 0.35 ACRES± `' 1 0.74' z
AT IQ
o _ LEGEND - *3 0� ---l‘`.
BOUNDARY ,� o a
0 PROPERTY UNE i
M/cv/ EASEMENT UNE �/� DETAIL ��'
/ a / NO SCALE
�,,to A- /oma •� �,��a�
f4//_
POINT OF BEGINNING " �", .; it.e
FOUND 1" OPEN IRON OPEN RON 3PIPE 20. 0 15 30 60 Na
PIPE 7883
- �I.>at-i 0
N77'52'00"W 1 120.97'(1) �4i •
°414. `! `ice
LANDS OF NnA �'�f��iHAnM 1" , �.�� a� •��
DOC. 147 12516 SCALE: = 30 S/GHATUHES%14
EXHIBIT "B"
.4. LEA & BRAZE ENGINEERING, INC. PLAT TO ACCOMPANY LEGAL
CIVIL ENGINEERS - LAND SURVEYORS DESCRIPTION FOR THE LANDS
BAY AREA REGION SACRAMENTO REGION OF KDCI DEVELOPMENT LLC
2495 INDUSTRIAL PKWY WEST 3017.DOUGLAS BLVD, #300 BILLS,
T *TT
HAYWARD, CALIFORNIA 94545 ROSEVILLE, CA 95661 LOS ALTOS 1Y1LLS, CALIFORNIA
(P) (510) 687-4086 (P) (916)966-1338 * ♦ COUNTY(F) (510) 887-3019 (F) (916)797-7363
SANTA CLARA CO N 1 1
WWW.LEABRAZE COM APN: 175-26-044 PAGE 2 OF 2 JOB #2130924
DRAWN BY: MH FEBRUARY 2014
EXHIBIT"C"
LEGAL DESCRIPTION FOR
THE LANDS OF KDCI DEVELOPMENT LLC
APN:175-26-043
ALL THAT CERTAIN REAL PROPERTY, SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA, BEING ALL OF PARCEL NO. 2 AS DESCRIBED IN
THAT CERTAIN GRANT DEED RECORDED DECEMBER 11,2013 AS DOCUMENT NO. 22468983,
SANTA CLARA COUNTY RECORDS,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1" IRON PIPE LOCATED AT THE MOST SOUTHEASTERLY CORNER OF SAID ,.
PARCEL NO. 2,SAID POINT ALSO BEING THE MOST SOUTHWESTERLY CORNER OF PARCEL NO.
1 AS DESCRIBED IN SAID GRANT DEED;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL NO. 2 NORTH 77°52'00" WEST, A
DISTANCE OF 107.00 FEET TO THE MOST SOUTHWESTERLY CORNER OF SAID PARCEL NO,2;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL NO. 2 NORTH 30°52'00" EAST, A
DISTANCE OF 167.55 FEET TO THE MOST NORTHWESTERLY CORNER OF SAID PARCEL NO. 2,
SAID POINT ALSO BEING ON THE CENTERLINE OF DEERFIELD DRIVE(40'WIDE);
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL NO. 2 AND SAID CENTERLINE OF
DEERFIELD DRIVE SOUTH 70°10'00"EAST,A DISTANCE OF 103.24 FEET TO A 3/4"IRON PIPE
AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL NO.2;
THENCE LEAVING SAID CENTERLINE ALONG THE EASTERLY LINE OF SAID PARCEL NO. 2
SOUTH 30°52'00"WEST,A DISTANCE OF 152.94 FEET TO THE POINT OF BEGINNING.
CONTAINING 16,238 SQUARE FEET,MORE OR LESS.
AS SHOWN ON EXHIBIT"D"MADE A PART HEREOF.
END OF DESCRIPTION
PREPARED BY OR UNDER Qp LAND •
THE SUPERVISION OF: AO 1r,
Ita
zs
NO. 7023
GRE OILY F RAZE ATE
°:544111141
,py � tt-dFK� \''
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G:\Correspondence\2013 jobs\2130924\Legal\Legal Parcel-2 Page 1 of 2
S701 o'pOEE R LD DRIVE BASIS OF BEARINGS (40 9)
THE BEARING S70'10'00"E OF THE t0 34'25 ) F8:93.24'(,)
CENTERLINE OF DEERFIELD DRIVE, N 99' •
ESTABLISHED BY EXISTING MONUMENTS,
M� FOUND 3/4"
AS DESCRIBED IN THAT CERTAIN GRANT ! "—— _ o OPEN IRON
DEED RECORDED AS DOCUMENT NO. _
19260253, SANTA CLARA COUNTY FOUND 3/4" 1 — N PIPE (BENT)
RECORDS WAS USED AS THE BASIS OF z• OPEN IRON PIPE 21.12' PIPE
ALL BEARINGS SHOWN UPON THIS PLAT. "/ 20.00' TO PIPE
RIGHT—OF—WAY— --•
REFERENCES / (2 MAPS 38) FOUND 1" OPEN
co o°' IRON PIPE
(1) DOCUMENT NO.
au,64 43
43 /hi
22468983 �_ LANDS OF KDCI h
Q� �� DEVELOPMENT LLC /
, PARCEL NO. 2 cv I�AI�]DD OF InCDD CD
i� DOC. 22468983
, , \\k .zzs
^` GROSS AREA 49. DEVELOPMENT P(M1C�1T ILIAC
r' •�'`. 16,238 SQ.FT.± '� PARCEL NO. 9
00 0.37 ACRES± �`� DD OO C. 2�4C�8��3
h``�/ NET AREA 3
,o/ 14,173 SQ.FT.± o 0 15 30 60
%�f +EP al..-- 2 0.33 ACRES± :o I 1
aF• # „o
a LEGEND SCALE: 1" = 30'
No. 7Q8s — — BOUNDARY
>�� ,� PROPERTY UNE POINT OF BEGINNING
o�� �,�� �� `�,� I EASEMENT LINE P PEND 1" OPEN IRON
7 s/i'�/ E`fr LANDS OF I LECO N77'52'00"W(1) 107.00'(1) LANDS OF F Nn1A Ro SOMM G1IAM
l
DOC.C. leBee9ge ID 0 C. 1147126116
EXHIBIT "D"
2 LEA & BRAZE ENGINEERING, INC. PLAT TO ACCOMPANY LEGAL
CIVIL. ENGINEERS • LAND SURVEYORS
DESCRIPTION. FOR THE LANDS
BAY AREA REGION SACRAMENTO REGION OF KDCI DEVELOPMENT LLC
2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, #300 HILLS,
HAYWARD, CALIFORNIA 94545 : ROSEVILLE, CA 95661 HIL S- LOS ALTOS , CALIFORNIAN
(P) (510) 887-4086 (P) (916)966-1338 T
(F) (510) 8B7-3019 (F) (916)797-7363 SANTA CLARA COUNTY
WWW.LEABRAZE.COM APN: 175-26-043 PAGE 2 OF 2 JOB #2130924
DRAWN BY: MH FEBRUARY 2014
ATTACHMENT 5
`',r,• .: YOUNG AND BORLIK
ARCHITECTS, INCORPORATED
' 4,*" 480 LYTTON AVE,SUITE 8
r a
;A PALO ALTO,CA 94301
44441,1 .
�? -e TELEPHONE FAX WEB
t> " (650)688-1950 (650)323-1112 www.YBarchitects.com
July 28,2014
REVISED Jan. 20,2016
Town of Los Altos Hills
Planning Division
26379 Fremont Road
Los Altos Hills,CA 94022
Attn: Steve Padovan, Suzanne Avila
Re: Conditional Development Permit(CDP),
Project Description and Findings
13531 Burke Road (APN: 175-26-044)
The purpose of this letter is to address the Conditional Development Permit application for a new single
family residence at the above address. We are additionally applying for an associated variance approval
in tandem with this application. Upon careful consideration of the property, and based on feedback and
guidance from Planning staff and previous Planning Commission hearings,we are pleased to present this
project for review.
Introduction:
Our proposal is for a new single family residence of 2,986 sf,with a 1,615 sf basement. The proposed
home is centrally situated on this 15,101 sf parcel,which is a relatively level lot(6%avg.slope)with a
Lot Unit Factor(LUF) of 0.347. This new home will replace the existing one-story residence on the site,
and the additional one-car garage and other non-conforming accessory buildings will also be removed.
The design of the home is inspired by Colonial farmhouse style architecture,with a simple but organized
massing divided up between multiple smaller gable elements. The second floor is setback further from
the first floor,with roof lines to break up the height. In addition,the wall lines of the first and second
stories step inward and back at multiple faces to break up the overall mass. Finish materials will include
painted horizontal siding, double hung windows, and accentuated cornice, corner,and window moulding
details,with composition shingle roofing.
Findings:
A Conditional Development Permit is required for projects such as this for which the Lot Unit Factor
(LUF) of the parcel is 0.50 or less. In this review,we respectfully ask if the Planning Commission can
determine that our proposed development for this single family residence is appropriate for this site,based
on the quality of our design and how it fits this particular site and surrounding neighborhood. For this
conclusion to be made, the following findings need to be made and accepted as part of the approval.
These findings are in support of the carefully presented plans and elevations for this design which
accompany this application.
Re:CDP for 13531 Burke Road(APN 175-26-044)
Jan.20,2016
1. The site for the proposed development is adequate in size shape, and topography to accommodate
the proposed intensity of development, including all structures,yards, open spaces,parking,
landscaping, walls, and fences, and other such features as may be required by this chapter;
The existing site is relatively level (-6%slope), generally rectangular in shape,and suited for a
single family residence as we have proposed. The construction will not involve significant
grading or topography alterations. The parcel size is somewhat smaller than the local average,
however the home size has also been limited accordingly to keep proportionate to the property
dimensions.
The small lot size will eliminate options for large outdoor features such as pools or tennis courts
to be a part of this project. However,the project will provide all the required off-street parking
spaces,meet the standards for driveway widths and clearances,meet the height limit for the
structure,provide ample outdoor yards and spaces, and will comply with the MFA and MDA
limits set in the zoning ordinance.
2. The size and design of the proposed structures create a proper balance, unity, and harmonious
appearance in relation to the size, shape, and topography of the site and in relation to the surrounding
neighborhood;
The size of the proposed residence is 2,986sf,which represents a 0.197 floor area ratio to the area
of the site. In a comparison example,consider a half-acre lot(21,780 sf)of same slope(less than
10%),for which the LUF would be 0.5 or greater. The allowable home size would be 5,000 sf
based on the exception for minimum MFA, and not require a CDP. This 5,000 sf home would
represent a 0.23 floor area ratio to the area of the site. The proposed 0.197 floor area ratio is
almost identical to a newly constructed home right next door at 25608 Deerfield(3,000 sf home,
0.192 floor area ratio).
The rural feel of the farmhouse style home evokes a rustic and welcoming impression,with its
large front porch to emphasize a pedestrian scale. The texture of the wood siding can feel less
"heavy"than other materials (such as a comparable stucco finish). We feel this home will be a
nice presence at that corner,which is the nexus of several streets connecting into the greater
Town-wide neighborhoods.
,
_ QAo _ _ I
'IP H
. t C 'I
Figure 2.1 the proposed front elevation of the residence(Burke Road frontage).
pg.2
Re:CDP for 13531 Burke Road(APN 175-26-044)
Jan.20,2016
The proposed finished floor of the residence is designed to involve minimal grading to achieve
the building pad,the driveway and parking, and the patio space. A balance of small amounts of
cut and fill will be employed to keep the profile down lower, as is the intent of the zoning
ordinances. The finished floor elevation will allow for the basement to be completely
subterranean as defined in the ordinance.
Based on consistent feedback from nearby residents of Deerfield Drive,and at the direction of the
Planning Commission,the driveway entrance is being maintained at the existing location along
the Burke Road frontage. This is a revision to previous proposals,where the driveway entrance
was relocated to the Deerfield side, out of neighbors' concern about potential increases to traffic
volume on Deerfield Drive. The side facing garage accentuates the architectural style by
featuring the architectural elements along both street frontages and minimizing the view of the
garage door openings. It is also the most efficient way to serve the garage access and the
uncovered parking spaces with the least amount of paved impervious surface. The location of the
uncovered parking spaces will however require a variance approval to achieve this design. The
directly neighboring property at 13505 Burke Road has the uncovered parking spaces located
adjacent along the common property boundary,so the uses will be compatible. To further
mitigate the impact,continuous tree screening vegetation will be maintained and supplemented
along the common property line.
Overall,the feel of a smaller scale home will be consistent with the smaller size of the lot. In
general,this part of the Town is a transition area between the higher density of adjacent Los Altos
and the heart of Los Altos Hills. This home will be consistent with other nearby homes along
Burke Road. Many homes in this area are of similar smaller scale and appearance, compared to
lots deeper within the Town. This reinforces a gradual and graceful transition experience when
driving up Burke Road deeper into the Town
3. The rural character of the site has been preserved as much as feasible by minimizing vegetation ..
and tree removal, excessive and unsightly grading, and alteration of natural forms;
As much of the existing site character as possible will be preserved with this project. There will
be minimized grading overall. Minor amounts of grading will allow modest outdoor yard spaces.
The project will maintain the existing hedgerow and fencing along the Burke Rd side for
consistency along that streetscape and maintain privacy. Most of the large specimen trees will be
retained, aside from a few tree removals in the center of the property within the buildable
envelope. All of the trees along the Deerfield Drive frontage will be retained,many of them oaks,
also for consistency in presence along the street frontage.
Overall,there will be a net decrease in the amount of impervious surfaces by about 1,500 sf upon
completion of the project. Additionally there will be a decrease in total MDA by 323 sf.
4. The proposed development is in compliance with all regulations and policies set forth in the Site
Development Ordinance;
The location of the existing home and accessory structures on the property do not comply with
the required minimum setbacks. The construction of this new home will result in the removal of
all of these non-conforming structures, including the dilapidated garages,sheds, and other
pg. 3
Re:CDP for 13531 Burke Road(APN 175-26-044)
Jan.20,2016
features in disrepair.The proposed development complies with MDA and MFA limits calculated
for this lot. The project provides all required parking,meets the height limit, and contains all of
the structural footprint(including lightwells and eaves)within the setbacks. The exception to the
setback conformance will be the uncovered parking spaces. Though it will necessitate a variance
to fit the uncovered parking spaces due to the limited lot area,the correct number will be
provided,and only embody a paved surface area,will be mutually screened between both
neighbors,and a mutual relationship with the location of the uncovered parking spaces next door.
Summary:
While this proposed residence will be reviewed and considered under its own qualities and merits as a
thoughtful and appropriate use for this property,there were clear discussion points and feedback revealed
during the multiple reviews,revisions,and approval of the project right next door at 25608 Deerfield.
There are similar circumstances,challenges,and considerations for both,and this proposed residence has
been intentionally designed to be comparable to what was approved next door. Specific consideration
was given to the proposed floor area of the home,the architectural style and its perception of size and
massing, location of the driveway and parking, and landscape screening opportunities. Given the lessons
learned,and our thoughtful approach,we feel this new home will be a nice addition to the neighborhood
and Town.
Thank you for your time and consideration in review of this project.
Sincerely,
Daniel S. Rhoads
Young and Borlik Architects,Inc.
pg.4
Summary of CDP Approvals and Variances in LAH since 2004
Address Date Net Lot Type of MFA/ Dwelling Developed Area Floor Variance Granted?
Approved Size/LUF Project MDA Area incl. Area
Sq.ft. garage Ratio
10435 July 2004 .766 acres Addition 4,820 3,411 sq.ft. 7,876 sq.ft. Variance for 2 parking spaces in
Berkshire .482 LUF 6,920 71% of MFA (nonconforming) .102 setback
114% of MDA
13341 August .981 acres New 4,550 4,468 sq.ft. 6,621 sq.ft. .105 No variance
Wildcrest 2004 .455 LUF residence 6,650 98% of MFA 99% of MDA
25701 March .381 acres New 3,300 3,267 sq.ft. 5,356 sq.ft. Variance for parking in the side
Deerfield 2005/ .33 LUF Residence/ 5,400 99% of MFA 99% of MDA .197 yard setback
February Pool
2014
13303 August 1.817 Addition 3,690 3,570 sq.ft. 6,896 sq.ft. Variance for 2 reduced size
Wildcrest 2005 acres 5,790 97% of MFA (nonconforming) .045 garage spaces and to exceed
.369 LUF 119% of MDA MDA
12380 February .491 acres New 4,910 4,360 sq.ft. 7,010 sq.ft. Variance for chimney in setback
Hilltop 2006 .491 LUF residence 7,010 89% of MFA 100% of MDA .204
and pool
12390 June 2006 .498 acres New 4,980 4,978 sq.ft. 7,080 sq.ft. .229 Variance for 1 parking space, bay
Hilltop .498 LUF residence 7,080 100% of MFA 100% of MDA windows and chimney in setback
24624 March 2007 .482 acres Major 4,250 4,060 sq.ft.. 7,576 sq.ft. Variance for 2 parking spaces and
Summerhill .425 LUF remodel 6,350 95% of MFA (nonconforming) trash enclosure in setback
resulting in 119% of MDA .193
new
residence
25875 June 2007 .461 acres Major 4,490 4,100 sq.ft. 6,399 sq.ft. .204 Variance for 2 reduced size
Estacada .449 LUF addition 6,590 91% of MFA 97% of MDA parking spaces in setback
14555 September .462 acres Addition and 4,550 4,542 sq.ft. 5,582 sq.ft. .226 Variance for 1 parking space in
De Bell 2008 .455 acres remodel 6,650 100% of MFA 84% of MDA setback ,'a
13310 November .79 acres New 3,973 3,950 sq.ft. 6,008 sq.ft. .115 No variance 1"'3
East Sunset 2009 .4 LUF residence 6,073 99% of MFA 99% of MDA
27361 February .4275 New 4,830 3,450 sq.ft. 6,927 sq.ft. No variance ()
Moody 2011 acres residence 6,930 71% of MFA 100% of MDA .185 x
.4275 LUF 4
tii
CA
Summary of CDP Approvals and Variances in LAH since 2004 — Page 2
Address Date Net Lot Type of MFA/ Dwelling Developed Area Floor Variance Granted?
Approved Size/LUF Project MDA Area incl. Area
Sq.ft. garage Ratio
13500 June 2011 .4275 Sunroom 4,275 3,462 sq.ft. 5,222 sq.ft. No variance
Fremont acres 6,375 81% of MFA 82% of MDA .186
.4275 LUF
27911 June 2014 1.007 Addition 4,560 4,144 sq.ft. 9,647 sq.ft. No variance
Via acres 6,660 91% of MFA (nonconforming) .094
Ventana .456 LUF 145% of MDA
27299 November 1.239 Addition 4,000 3,899 sq.ft. 6,539 sq.ft. Variance to allow for 20 foot side
Byrne Park 2014 acres 6,600 97% of MFA 99% of MDA .072 yard setback for addition
.40 LUF
14696 November .471 acres Addition 4,530 4,343 sq.ft. 6,469 sq.ft. Variance for up to 12 foot
Manuella 2014 .453 LUF 6,630 96% of MFA 97% of MDA .212 encroachment into side yard
setback for addition
25608 May 2015 .359 acres New 3,590 3,000 sq.ft. 5,280 sq.ft. .192 Variance for open parking in side
Deerfield .359 LUF residence 5,690 84% of MFA 93% of MDA yard setback
25711 July 2015 .498 acres Addition 4,510 4,464 sq.ft. 6,437 sq.ft. .206 Variance for open parking in the
Deerfield .451 LUF 6,610 99% of MFA 97% of MDA front setback
25531 August .273 acres Addition 2,730 2,728 sq.ft. 3,423 sq.ft. Variances for 29 foot front yard
Fremont 2015 .273 LUF 4,830 100% of MFA 71% of MDA .229 and 12 foot side yard building
setbacks, open parking in the
front and side yard and obstructed
parking
25541 April 2016 .30 acres Addition 3,046 3,281 sq.ft. 5,023 sq.ft. .251 Variance to exceed MFA and for
Fremont .30 LUF 5,146 108% of MFA 98% of MDA a 3 foot encroachment into the
front setback for addition
Most Recent Variance Approved by the Planning Commission
26691 October .528 acres New 5,000 3,420 sq.ft. 5,101 sq.ft. Variances for 14 foot front and
Moody 2015 .514 LUF residence 7,500 68% of MFA 68% of MDA .149 rear yard building setbacks, open
(replaced parking in the front yard and
existing obstructed parking
home)
ATTACHMENT 7
YOUNG AND BORLIK
ARCHITECTS, INCORPORATED
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•
� F _ 480 LYTTON AVE,SUITE 8
PALO ALTO,CA 94301
" TELEPHONE FAX WEB
,,,' . v '' (650)688-1950 (650)323-1112 www.YBarchitects.com
July 28,2014
REVISED Jan. 20,2016
Town of Los Altos Hills
Planning Division
26379 Fremont Road
Los Altos Hills,CA 94022
Attn: Steve Padovan, Suzanne Avila
Re: Variance Application
Project Description and Findings
13531 Burke Road (APN: 175-26-044)
The purpose of this letter is to address the application for a Variance associated with the application for a
new single family residence at the above address, in tandem with our Conditional Use Permit application.
Our proposal is for a new single family residence of 2,986 sf, (with a 1,615 sf basement) on this 15,101 sf
parcel. In order for a reasonable design to go forward for this property and for this project to be
successful,we are asking for a variance approval to allow the required uncovered parking spaces to be
situated in the rear yard setback area. Upon careful consideration of the property and review of possible
options,and based on guidance and feedback from Planning staff,we are pleased to present this project
for review.
As noted in our findings for the Conditional Use Permit, our proposed design will comply with all other
Zoning requirements. Specifically,the proposal is well below the MDA and MFA limit of the property,
provides all required on-site parking spaces,and the structure complies with all of the setback and height
limits. We feel that our overall design for this home and site,with meeting the above zoning
requirements, and with the allowance granted within the above variances,would result in a successful
project. The following findings are presented in support of our variance requests.
1. Because of exceptional or extraordinary circumstances applicable to the subject property, including
size, shape, topography, location, or surroundings, the strict application of the ordinance is found to
deprive the property of privileges enjoyed by other properties in the vicinity and under identical zoning
classifications;
Despite the fact that the site is relatively level,rectangular,buildable,and suited for a single
family residence as we have proposed,the primary characteristic which limits this property's
potential is its size. The net parcel size is 15,101 sf. A sampling of neighboring parcel sizes in
the surrounding area represents and average lot acreage of 0.89 acre(38,764 sf.). This subject
property was legally created with a parcel size of 0.347 acre which is far below average(less than
half). The parcel map for this area helps illustrate the disparity in sizes, shown in Figure 1.1.
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/ Et •
Re:Variances for 13531 Burke Road(APN 175-26-044)
Jan.20,2016
While this property is far below the average lot size throughout Los Altos Hills,the same
required building setback standards would apply. As an example for comparison of lot widths,
the side yard setbacks for any property in the Town are 30 feet. In the case of a typical sized lot
of about an acre anywhere else in the Town(which may be 200 feet wide),the 30 feet setback
portion on each side of the property represent about 30% of the lot width. In the case of our
subject lot(which is 104 feet wide),the same 30 foot setbacks on each side represent about 57%
of the lot.
In an additional example of comparison,the area available for development is determined by the
envelope within the required building setbacks of 40 feet and 30 feet. On a typical acre size lot
elsewhere in the Town(assuming 208 feet by 210 feet dimensions,similar to next door on
Burke), the envelope within these setbacks would represent about 48% (21,000 sf)of the parcel
available for development. In the case of our subject lot,the buildable envelope within these
setbacks equals only 17%(2,580 sf out of the 15,101 sf total parcel). This comparison is shown
in Figure 1.2. This development envelope is where the house,the uncovered parking,patios,
pools,and other elements that accompany a home are all required to fit within. This
disproportionate result of the zoning requirements is a direct result of the parcel size,and is a
significant limitation affecting this legally created property.
I
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•
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BUILDABLE
ENVELOPE: I I I I
2,550,5F
jBUILDABLE ENVELOPE: 21,000 5F(4596)
PROJECT PARCEL: /.•
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15,101 5F .•
/
L ACRE PARCEL: 43:650 5F (205'_210) .._ _.•J
13531 Burke Road A Typical Acre Lot in Los Altos Hills
Figure 1.2 depicting a relative size comparison between the subject parcel versus an average size parcel.
Regarding the required on-site parking spaces per zoning,this proposed project will provide all
four spaces as required(two covered,plus two more uncovered). Per zoning,all four of these
spaces must be located inside the development envelope as defined by the site setbacks.
However, given the small lot size and resulting available development envelope, the two-car
garage(400 sf)plus the two uncovered parking spaces(400 sf)together would account for 30%
of the area available for the footprint of the home. In seeking to design a reasonable home that is
pg.3
Re:Variances for 13531 Burke Road(APN 175-26-044)
Jan.20,2016
proportionate to the site,the area taken up by parking leaves an inadequate amount of space left
over for a home that would be anywhere close to the allowable home size per MFA. To allow for
the design of a home that is not completely dominated by the parking solutions,we ask for the
allowance to locate the uncovered parking spaces in the side yard setback.
2. That upon granting of the Variance, the intent of the purpose of the ordinance will still be served
and the recipient of the Variance will not be granted special privileges not enjoyed by other
surrounding property owners;
The underlying intent of this application is to ask for the same right to build a single family
residence that is proportionate to the site, and that all other residential properties within the Town
also enjoy. On most properties throughout the Town,there is sufficient space on the site to allow
the maximum house size to be built, including the four required parking spaces, surrounded by
various hardscape and amenities built up to the maximum development area, and all proportionate
to the site. Due to the limited lot size of this property, and the zoning ordinances enforced,there
is a significant impediment posed to achieving a modest level of house size with a functional
floor plan,even in the scale proportionate to the site,unless the above variance can be granted.
3. That granting the Variance will not be materially detrimental to the public welfare or injurious to
the property, improvements or uses within the immediate vicinity and within the same zoning district;
In spite of the small dimensions of this parcel,all of the structural development will still be
limited to the center portion of the lot,as is consistent with Town-wide development. This will
maintain the large buffer of open space between adjacent residences which is the intent of the
zoning ordinance and a key characteristic of the rural feel of the Town. Also,by designing a
home that is proportionate in size and scale to the property,there won't be the perception that a
structure that is too large for its location is being inappropriately placed at this location. Only
non-structural elements will encroach into the setback area.
The new structure will be further back from the street corner than the existing structure,since the
location of the existing residence does not comply with the current required setbacks. The
existing one-car garage,which is right on top of the front Deerfield property line,will also be
removed. A quick summary of setbacks are below:
Setback from Burke Road Setback from Deerfield Dr.
Existing residence 23'-7" 31'-9"
New Residence First floor 41'-0" 41'-9"
New Residence Second floor 45'-10" 43'-0"
With regard to the directly adjacent neighbor, the proposed uncovered parking spaces will be just
adjacent to the uncovered parking spaces on that property which are also located in their side yard
setback,so any negative impacts will be comparable and mutually mitigated. Carefully placed
tree screening to supplement what is existing along the shared fence line will ensure mutual
screening of any cars parked in these areas. An alternative solution could orient the garage door
to face the street rather than the rear yard. The rear facing orientation results in a more appealing
design,where the pedestrian scale of the porch is featured on both street frontages,rather than
being dominated by the two-car garage door which would be half the facade. More importantly,
pg.4
Re:Variances for 13531 Burke Road(APN 175-26-044)
Jan.20,2016
the increase in pavement area needed across the frontage would be significant,with roughly 40
foot width of driveway across the front of the house and the adjacent uncovered parking spaces.
This inefficient use of hardscape would easily result in the project exceeding the MDA limit,and
would be counter to the Town's Development Area Policy which intends to both preserve the
rural and natural features and minimize runoff and erosion.
4. That the Variance will not allow a use or activity which is not expressly authorized by the Zoning
Ordinance;
The purpose of the proposed development is to create a new single family residence of a quality
and amenity that is comparable to its surrounding community.,The proposal does not seek to
exceed the allowable limits for floor area or development area for this site. The proposal does not
seek to reduce the number of on-site parking spaces it is required to provide,a requirement which
keeps street parking to its bare minimum throughout the Town. The proposal does not rely on
massive grading or land disturbance to place the structure on the site. Without the approval of the
above variance, the strict application of the zoning would not allow for a reasonable home to be
designed without significant compromise to its size,amenity, and quality.
As stated, development of this property is also consistent with the General Plan position on in-fill
housing opportunities on vacant or under-utilized parcels, and to ensure local housing needs are
met per Goal III. We feel the proposed design in this application is a carefully planned use of this
site,is modest and functional, in proportion to the parcel and neighboring context, and represents
a reasonable development solution for this property.
Thank you for your time and consideration in review of this project.
Sincerely,
Daniel S. Rhoads
•
Young and Borlik Architects,Inc.
•
pg. 5
ATTACHMENT 8
Steve Padovan
From: Gina Jackman <gina@kalinvestment.com>
Sent: Tuesday, April 19, 2016 3:53 PM
To: Steve Padovan; Suzanne Avila;Ali Kalbali (Oskar@Kalinvestment.Com)
Subject: Fwd: Re: 13531 Burke Road Property
Hello Steve,
Here's a positive letter from one of our Deerfield neighbors to be included with our plan submittal for Burke.
Thank you.
Forwarded Message
Subject:Re: 13531 Burke Road Property
Date:Thu, 14 Apr 2016 21:19:53 -0700
From:Hassan Zoroufy<h.zoroufy@gmail.com>
To:Gina Jackman<gina_@kalinvestment.com>
Mr. Kalbali seems committed to both the•quality and the peace of mind of the town. He has been very
responsive to the neighbors' feedback regarding the Deerfield project. We anticipate the same consic'eration and
efficient pace of construction of the Burke home.
Regards,
Hassan Zoroufy
1