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HomeMy WebLinkAbout3.3 ITEM 3.3 TOWN OF LOS ALTOS HILLS July 7, 2016 Staff Report to the Planning Commission SUBJECT: A REQUEST FOR A SITE DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING RESIDENCE WITH NONCONFORMING SETBACKS AND CONSTRUCT A NEW 7,282 SQUARE FOOT RESIDENCE (MAXIMUM HEIGHT 27') WHICH INCLUDES A 299 SQUARE FOOT POOL EQUIPMENT AND STORAGE ROOM BELOW THE POOL DECK AND A 749 SQUARE FOOT DETACHED GARAGE, A 2,961 SQUARE FOOT BASEMENT, A RELOCATED SWIMMING POOL AND TENNIS COURT, AND RELATED HARDSCAPE IMPROVEMENTS; LANDS OF CHAN; 27150 JULIETTA LANE; FILE#317-15-ZP-SD-GD. FROM: Steve Padovan, Consultant Planner APPROVED: Suzanne Avila, AICP, Planning Director RECOMMENDATION: That the Planning Commission: Conduct a hearing on the proposed project, consider all evidence and testimony, and take one of the following actions: 1. Approve the Site Development Permit with the recommended Conditions of Approval in Attachment 1; or 2. Continue the project to a specific hearing date in order to allow the applicant an opportunity to redesign the residence, with direction to the applicant and staff on desired plan changes. BACKGROUND The subject property is located at the southeast corner of Julietta Lane and Altamont Road and is developed with a 5,453 square foot residence, detached garage, swimming pool and tennis court. The 1.371 acre site has an average slope of 13.57%which was graded into several steps for the main residence, the pool and the tennis court, with the residence located at the higher elevation on the property. The existing development area of 24,550 square feet exceeds the maximum allowable area by 7,255 square feet and the existing residence does not meet the current setback requirements at one corner of the lot. According to Town records, all existing development on the site was approved by the Town and is deemed legal nonconforming. Based on the Town's nonconforming regulations, an owner can reconstruct, repair or rebuild the amount of legal nonconforming development area or floor area (in excess of the area allowed by Sections 10-1.502 and 10-1.503, respectively, of the Zoning Code), provided that the reconstruction, repair or rebuilding does not result in an increase in the nonconformity or change of use that existed prior to the reconstruction. Using this provision, the owner can Planning Commission Lands of Chan July 7,2016 Page 2 the owner can utilize the existing development and floor area figures for the new residence. However, all new construction must meet current setback requirements. The project was deemed complete in March 2016 and a public notice was mailed to surrounding property owners for a Fast Track Hearing on April 26,2016. Prior to the hearing, the neighbor directly south of the property (Vicki and Terry Oldberg - the residents most directly affected by the project) submitted two e-mails to staff dated April 13, 2016 and April 22,2016 (see Attachment 2). The e-mails outlined their concerns with view impacts from their living areas and their outdoor deck. In addition, the e-mail citied the existence of previously recorded conditions, covenants, restrictions, easements and agreements (to be collectively known as CC&R's)that apply to all properties in the subdivision including the Chan property (see Attachment 3). • In response to the e-mails, the applicant's representative scheduled a neighborhood meeting where the owner agreed to lower the height of the detached garage, introduce new landscape screening,retain most of the existing screen plantings, and utilize non-reflective glazing on the railings and solar panels (see Attachment 4). At the April 26, 2016 Fast Track Hearing, the property owners, project architect and seven residents were present and discussion centered on lowering the garage two to three feet, blockage of views, and construction traffic. Based on these concerns, the project was continued by the Planning Director to the May 10, 2016 Fast Track hearing to allow the architect to make modifications to the design and for staff to meet separately with the project architect at the property and to meet with the Oldbergs at their residence. At the May 10, 2016 Fast Track hearing,the project architect outlined their proposed changes to address the view impacts which included the following: • lower the detached garage by three (3) feet; • lower the roof at the entryway by one foot, four inches (1'4"); • lower the elevator and stairwell rooftop structure by six (6) inches; • move the southerly corner of the building inward two feet, six inches (2'6"). The Oldbergs reiterated their concerns with the enlargement of the structure and the view impacts resulting from the new master bedroom wing(southerly corner of the dwelling)which is a half level above the floor level of the existing dwelling. Based on neighborhood concerns and the inability to reach a consensus on proposed design changes, the Planning Director decided to forward the project to the Planning Commission, as permitted under Section 10- 2.1305.1(c)(6) of the Municipal Code. Planning Commission Lands of Chan July 7,2016 Page 3 DISCUSSION Site Data Gross Lot Area: 1.371 acres Net Lot Area: 1.371 acres Average Slope: 13.57% Lot Unit Factor: 1.266 Area Maximum Existing Proposed Increase Remaining Development 17,295 24,550 24,222 (328) 0 Floor 7,370 5,453 7,282 1,829 88 Basement (2,961) Architecture and Site Design The proposed residence meets the minimum setback and height requirements and utilizes a contemporary modern style architecture with a flat roof, extensive wall articulation, rectangular building elements, a rooftop deck, and hip roof elements over two portions of the main structure and the detached garage. The exterior building materials will consist of stucco walls with standing seam metal roofs, trim around windows and doors, wood roof decks, and glass railings on the roof decks and balconies. The main floor elevation of the new residence is basically the same elevation as the original structure. However, the southern wing of the building, which includes the master bedroom suite, is elevated five (5) feet above the main floor. A 2,961 square foot basement is also proposed along with a detached three-car garage which matches the architecture of the existing home. A new pool deck and pool are proposed with the pool equipment located below the deck and the tennis court will be relocated so that it meets the minimum 30 foot setback requirements. The proposed site has numerous native and non-native trees and shrubs of various sizes including two large oaks and a redwood along the southerly property line and multiple trees along the perimeter of the property. Many trees show evidence of trimming to preserve views. The proposed site layout includes a reconfiguration of the driveway to access the new garage and existing vegetation is preserved as much as practicable. The proposed residence complies with all setbacks, floor area, parking, and height standards per Title 10 of the Municipal Code. The development area exceeds the allowable MDA but is permitted based on the legal nonconforming status of existing development as documented in existing building permit plans in the Town's records. Planning Commission Lands of Chan July 7,2016 Page 4 Driveway & Parking The proposed driveway will modify the existing access by removing the loop driveway and replacing it with one access. The driveway will consist of permeable cement pavers, is 14 feet wide, and incorporates one surface parking space adjacent opposite the garage. There are three (3)additional parking spaces in the attached garage for a total of four(4)parking spaces,which meets Zoning code requirements for a new residence. A fire truck turnaround was not required. Outdoor Lighting Outdoor lighting is shown on Sheet A8.0 of the plan set. Lighting is proposed on all four sides of the garage,at the front entry,on the balconies,and above the light well on the west elevation. Several recessed fixture units are also proposed to be located under patio and balcony covers at the rear of the residence. Staff is recommending Condition#10 for outdoor lighting, which requires that all fixtures be down lights, shielded and/or have frosted/etched globes. In addition, staff is recommending that the two fixtures on the garage that are not located adjacent to a door be removed. All applicants are required to submit outdoor landscape lighting details with the required landscape screening plan. Grading &Drainage The Engineering Department has reviewed the project Civil Engineering plans and has determined that the proposal complies with the Grading Policy and the Town's drainage standards. Estimated grading quantities include: • 2,800 cubic yards of cut • 200 cubic yards of fill • 2,600 cubic yards export The site grading and cut are primarily for the basement excavation,tennis court, driveway and parking areas. A rear patio and yard area will be created through the re-contouring of the slope resulting in fills of up to three (3) feet, which is the maximum permitted for yard areas per the Grading Policy. The drainage design directs water into area drains that connect to a detention basin between the pool and the tennis court. The volume to be stored is based on the amount of rain water from a 10-year storm event,one-hour duration over the proposed two dimensional impervious surfaces. Overflow water will be metered out into an energy dissipater. Geotechnical Review The applicant has provided a Geologic Hazards Evaluation and Geotechnical Engineering Study prepared by Earth Systems Pacific dated Revised August 14, 2015. The report was peer reviewed by the Town Geotechnical Consultant; Cotton, Shires, and Associates. Cotton Shires recommendations have been included in the conditions of approval. Planning Commission Lands of Chan July 7,2016 Page 5 Green Building Ordinance The applicant has submitted a GreenPoint checklist in compliance with the Town's Green Building Ordinance. The building is designed to achieve 84 points in the GreenPoint Rated certification program (50 points is the minimum needed for certification). 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 also located within the Wildland-Urban Interface Zone which requires the use of fire resistant exterior materials and includes landscape restrictions. Sanitation The new residence will connect to the sewer line that serves the existing dwelling. No additional easements are required. Visual Impacts The proposed dwelling will have an impact on the existing views from the Oldberg property (27250 Julietta Lane) which is directly south of the subject lot. Staff confirmed the visual impact by viewing the story poles from the primary living areas in the Oldberg's home and from their backyard patio. The Oldbergs have provided a letter (Attachment 5) outlining their concerns and set of photos (Attachment 6) showing the visual impact from their home. Their concerns center on the large mass of the roof structure, the increased massing where the new master bedroom suite is located, glass railings on the roof deck, roof colors and glare. In addition, the Oldbergs cite sections from the CC&Rs recorded on the subject property that relate to view preservation. The owner has attempted to address some of the visual impacts by lowering the detached garage by three feet,lowering several roof elements by up to one and a half feet and by bringing in the walls of the master bedroom by two and a half feet. These changes are depicted on Sheets A2.1, A2.3 and A5.3. Section 10-2.701 of the Site Development Ordinance states that the purpose of the site development code section is to insure that the site, location and configuration of structures are unobtrusive when viewed from off-site; that scenic views are retained; that buildings do not dominate the natural landscape; that ridgelines and hilltops are preserved; and that the siting of structures is consistent with other provisions of this chapter concerning grading, drainage, and erosion control. However, the Town's Municipal Code does not specifically define what constitutes a view obstruction nor does it provide staff with a quantifiable means to evaluate view impacts on adjacent properties from new development. The View Preservation Ordinance (adopted in 2003) only addresses unreasonable visual obstructions resulting from the growth of trees. In addition, structure location requirements in the Site Development Planning Commission Lands of Chan July 7,2016 Page 6 Ordinance are focused on the preservation of ridgelines and hilltops. The Town does have a "Fast Track Guide for New Residences" and under Goal II, Section B, states that structures should be located where they minimize adverse visual impacts when viewed from off the site and includes language that the location of a new house should not obstruct views enjoyed by adjacent property owners. However, the Fast Track Guide is simply a set of guidelines for approving a new residence without the need for Planning Commission review and does not constitute a set of regulations. Based on staff's site visits and photographic evidence, the new dwelling will have an impact on the Oldberg's existing viewshed, although the views from their property are quite expansive. However, it would also be unreasonable to limit the applicant from constructing a new residence on their property within the required setbacks simply because the structure partially blocks a portion of the neighbor's view. The applicant has chosen the floor heights and house location based on a desire to locate the new residence in a similar location as the existing home while also maximizing views. The proposed dwelling is essentially a split level home as viewed from the Oldberg property. Staff believes that the revised roof on the single story portion (western half) of the house and the lowering of the roofline on the detached garage are adequate to address future visual impacts on that portion of the house. In addition, the glare from glass railings and the color of the metal roof can be addressed through the use of low reflectivity glass and a dark bronze roof color. As for the split level portion of the home containing the master bedroom suite, this portion could be lowered several feet which would reduce the view obstruction to the Oldbergs while limiting the views from the new residence. The master bedroom would still retain a view of the bay and mountains (just not as extensive) and some well-placed taller shrubs would screen the structure from direct line of sight from the Oldberg's back yard. With regard to the CC&R's and preservation of views, the Town does not enforce private agreements between properties. In conclusion, the Town has no quantitative measures in the Municipal Code to determine the level of visual impact and whether or not the impact is significant. Therefore, in coming to their decision,the Commission should weigh the amount of view impact with the rights of the property owner to reasonably develop their property within the Town's code requirements. Town Committee's Review The Pathways Committee has recommended that the applicant construct a Type IIB pathway along Altamont Road (Condition#33). The Environmental Design and Protection Committee provided general comments related to the visibility of the dwelling and reflectivity of the glass railings. Planning Commission Lands of Chan July 7,2016 Page 7 PUBLIC COMMENT In addition to the letters provided by the Oldbergs, the Town received a letter of support from a neighbor(Attachment 7). ENVIRONMENTAL CLEARANCE (CEQA) 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 in a residential zone. ATTACHMENTS 1. Recommended conditions of approval 2. E-mail Letters from Vicki Oldberg dated April 13, 2016 and April 22, 2016 3. Conditions,Covenants,Restrictions,Easements and Agreements (CC&R's)for Tract 4897 4. Applicant's Architect Letter dated April 25, 2016 5. Letter from Vicki Oldberg dated June 29, 2016 6. Photos from Oldberg residence 7. Neighbor Letter 8. Proposed Plans—Planning Commission only ATTACHMENT 1 RECOMMENDED CONDITIONS FOR A SITE DEVELOPMENT PERMIT FOR A NEW RESIDENCE WITH A BASEMENT AND RELOCATED SWIMMING POOL AND TENNIS COURT LANDS OF CHAN: 27150 JULIETTA LANE FILE# 317-15-ZP-SD-GD 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 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. The 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. 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 issuance of building permits, all oak trees to be retained,particularly any heritage oak trees, are to be fenced at the drip line and wood chips shall be spread at least four (4) inches thick within the tree protection fencing. The fencing shall be shown on the plans and consist of a material and structure (6 foot, chain-link) to clearly delineate the drip line. Town staff must also inspect the fencing prior to commencement of grading. The property owner shall call for said inspection at least three days in advance of the grading operations. The fencing must remain throughout the course of construction and include signage stating, "TREE PROTECTION FENCE —DO NOT MOVE OR REMOVE WITHOUT APPROVAL FROM Lands of Chan 27150 Julietta Lane July 7,2016 Page2of7 ARBORIST." No storage of equipment, construction staging of materials, vehicles or debris shall be allowed within the drip lines of these trees. Existing perimeter plantings shall also 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, roof eaves, and swimming pool are no less than 40 feet from the front property line (Julietta Lane) and 30.feet from the side and rear property lines." The elevation of the new residence shall be similarly certified in writing to state that "the elevation of the new residence and accessory building 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. The maximum height of the structure, at any point, from natural grade or the graded pad to the top of the roof shall not exceed 27 feet. 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 building 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 perimeter fencing is approved with this project and the existing solid wood fence along Julietta Lane and Altamont Road shall be removed. Any new perimeter fencing or driveway gates shall require future review and approval by the Planning Department prior to installation. Fences shall not encroach within any easements on the property. 10. Outdoor lighting for the residence is approved as shown on the plans and as modified by this condition. Exterior light fixtures shall have frosted glass, be down lights or utilize fully shielded fixtures.No lighting may be placed within setbacks except two driveway/motor court lights. Any additional outdoor lighting shall be reviewed and approved by the Planning Department prior to installation. 11. Skylights, if utilized, shall be designed and constructed to reduce emitted light (tinted or colored glass, or other material). No lighting shall be placed within skylight wells. Lands of Chan 27150 Julietta Lane July 7,2016 Page 3 of 7 12. Fire retardant roofing (Class A) is required for all new construction. 13. The roof eaves of all structures shall not encroach into the required side and rear yards and the roof eaves shall be shown on the site plans in the set of construction drawings. 14. The pool, decks and all landscape features shall conform to the Town's Grading Policy and shall not exceed four feet of cut or three feet of fill. 15. No portion of the tennis court or any court related retaining walls or fencing shall encroach into the 30 foot yard setbacks. No lighting of the tennis court is permitted. 16. Standard swimming pool conditions: a. Lights shall be designed so that the source is not visible from off-site. b. Drainage outfall structures shall be constructed and located to the satisfaction of the City Engineer. c. Pool equipment shall be enclosed on all four sides with a roof for noise mitigation and screening. 17. For swimming pools, at least one of the following safety features shall be installed to the satisfaction of the Town Building Official: a. The pool shall be isolated from access to the residence by an enclosure (fencing). b. The pool shall be equipped with an approved safety pool cover. c. The residence shall be equipped with exit alarms on those doors providing direct access to the pool. d. All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor. 18. 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: 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. Lands of Chan 27150 Julietta Lane July 7,2016 Page 4 of 7 19. 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. 20. 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. 21. 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: 22. Supplemental Geotechnical Evaluations -The applicant's geotechnical consultant should review and approve all geotechnical aspects of the final construction plans (site preparation and grading, site drainage improvements and design parameters for foundations and retaining walls)to ensure that the plans, specifications and details accurately reflect the consultants' recommendations. The results of the Geotechnical Plan Review should be summarized by the Project Geotechnical Consultant in a letter and submitted to the Town Engineer along with other documentation prior to acceptance of plans for building plan check. 23. Geotechnical Construction Inspections - The project geotechnical consultant should inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections should include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls prior to the placement of steel and concrete. The project geotechnical consultant should have a geologist inspect excavations for the basement to verify anticipated geologic conditions(i.e.:absence of fault rupture hazards). The results of these inspections and the as-built conditions of the project should be described by the geotechnical consultant in a letter and submitted to the Town Engineer for review prior to final (granting of occupancy)project approval. 24. Peak discharge at 27150 Julietta Lane, as a result of Site Development Permit 317-15, shall not exceed the existing pre-development peak discharge value of the property. Detention storage must be incorporated into the project to reduce the predicted peak discharge to the pre- development value. Provide the data and peak discharge hydrologic model(s)utilized, as well as, the calculations of the peak discharge value prior and post development. Determine the design peak runoff rate for a 10-year return period storm and provide detention storage design plans to reduce the predicted peak discharge to the pre-development value. All documentation, Lands of Chan 27150 Julietta Lane July 7,2016 Page 5 of 7 calculations, and detention storage design (2 plan copies) shall be submitted for review and approval to the satisfaction of the City Engineer prior to acceptance of plans for building plan check. 25. The Engineer of Record shall observe the installation of the drainage system, construction of the energy dissipators, and completion of the grading activities and state that items have been installed and constructed per the approved plans. A stamped and signed letter shall be prepared and submitted to the Town prior to final inspection. 26. All hydrant use is strictly prohibited by the Purissima Hills Water District. A permit for obtaining water for grading and construction purposes must be obtained from the Purissima Hills Water District, and submitted for approval to the Town Engineering Department prior to acceptance of plans for building check. The permit will authorize the use of water from specific on-site or off-site water sources. 27. 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 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. 28. 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. 29. 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. 30. 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 Julietta Lane 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. 31. The property owner shallinform 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 Lands of Chan 27150 Julietta Lane July 7,2016 Page 6 of 7 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. 32. 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 proposed within the public right of way prior to start of work. 33. The property owner shall construct a type 2B pathway along Altamont Road to the satisfaction of the Engineering Department prior to final inspection. An encroachment permit shall be required by the Town's Public Works Department for all work proposed within the public right of way prior to start of work. FIRE DEPARTMENT: 34. This project is located within the designated Wildland-Urban Interface Fire Area. The building construction shall comply with the provisions of California Building Code (CBC) Chapter 7A. Note that vegetation clearance shall be in compliance with CBC 701A.3.2.4 prior to project final approval. 35. An automatic residential fire sprinkler system approved by the Santa Clara County Fire Department shall be included in all new single family dwellings. 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. 36. Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 37. Approved numbers or addresses on all new and existing buildings shall be placed in a position that is plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters and shall be a minimum of 4 inches high and V2 inches wide. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Lands of Chan 27150 Julietta Lane July 7,2016 Page 7 of 7 38. All construction sites must comply with applicable provisions of the CFC Chapter 33 and the Standard Detail and Specifications SI-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CONDITION NUMBERS 8,20,22,24,26, 29,30, 31 and 32 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 approval (by 5:00 p.m. on July 29, 2016). The building permit cannot be issued until the appeal period has lapsed. The applicant may submit construction plans to the Building Department after the appeal period 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, 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 Site Development permit is valid for one year from the approval date (until July 7, 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. Steve Padovan ATTACHMENT 2 From: Vicki Oldberg <voldberg@stanford.edu> Sent: Wednesday,April 13, 2016 9:51 PM To: Steve Padovan Cc: Chi-Foon Chan Subject: CHAN new residence at 27150 Julietta Lane and concerns of Oldbergs, 27250 Julietta Lane Hi Steve, . Thanks so much for meeting with Terry and me on Monday. I took more pictures today, but am waiting for the haze to clear to give a better perspective on the impact to our view. I'm concerned about the lack of communication. On Saturday morning, April 9th, we witnessed orange construction netting being erected at the Chan's residence. We had no prior communication regarding the proposed tear down and new residence. This came as a shock, for I thought we had good relations with the Chans regarding concerns for our view. Prior to April 9th we received no communication from the Chans about their plans, nor did the architect come up to our residence to understand how a new residence would affect our view. Seeing the orange netting being constructed, I knocked on the door of the Chan's residence and was greeted by Rebecca Chan, expressing my concerns, and she told me we should receive a letter in our mail that day. Late afternoon on April 9th our mail was delivered, and we received a letter from Maurice Camergo, (dated March 17th on the letterhead), asking us to contact him if we had questions. Upon receipt of this letter, 1 immediately phoned Maurice, leaving a voicemail expressing my concern about our view and asking him if he was informed about the covenants in the title signed by the Chans which states " No tree, shrubbery, or other obstruction shall be planted, erected, or maintained on any lot in such a manner to unreasonably obstruct or interfere with more than 10% of the Bay view obtainable from inside the principal living areas of the principal resident of any other lot at the time of filing this Declaration."I asked him to return my call; to date he has not responded. The Chan's current residence obstructs our Bay view by at least 10%, and I estimate that with the proposed new residence, this will increase to 30 +%. As I expressed to you, I had booked a reservation leaving on the morning on April 26th for a reunion with some of my college friends. With the hearing on the evening April 26th, I had to cancel and rebook this reservation April 27th with a penalty fee. I only relate this to express my concern about lack of communication and the consequences that can result. What would have happened if we had been out of town for several weeks, for example April 9th — 26th? We would not have witnessed the orange construction tape, would not have received notice of the site visit on April 16th or the public hearing on April 26th until after they had happened. I want to ensure that future meetings will not be booked without our ability to attend; Terry and I will be out of the country from May 19th —June 6. Cheers, Vicki Oldberg 1 Steve Padovan From: Vicki Oldberg <voldberg@stanford.edu> Sent: Friday, April 22, 2016 1:51 PM To: Steve Padovan Subject: Fwd: CHAN Proposed New Residence The file size was too large with photos. Sent from my iPhone Begin forwarded message: From: "Vicki Oldberg" <voldberg cr stanford.edu> To: "spadovan@losaltoshills.ca.gov" <padovan@losaltoshills.ca.gov> Cc: "Terry Oldberg" <terry oldberg@yahoo.com> Subject: CHAN Proposed New Residence Hi Steve, In preparation of the Fast Track hearing scheduled on April 26th,please consider these concerns: 1. Lack of communication: The Chans have not reached out to Terry and me to discuss their plans for a new residence. On April 9th we witnessed orange construction netting being erected. The architect never came up to our house to consider the impact upon our view. Yet we have been in regular communication and cooperation from the Chans to trim their trees and shrubs to maintain our view 2. Contradictions to "Modification of Declaration Imposing Conditions, Covenants, Restrictions, Easements, and Agreements"recorded by Santa Clara County on August 25, 1975, a document which was included with their title when they purchased their house. • Clause 1. Use and Improvement states "Under no circumstances shall any building or any part of any building exceed two stories or twenty-six feet in height, and for purposes of definition, this twenty-six foot height limit shall be defined as the maximum distance between the top of the mudsill which lies beneath the top of any gable, measured by a vertical line between these two points, or between the top of the mudsill and the highest point of any part of the building." • Clause 9. Preservation of View states "No tree, shrubbery, or other obstruction shall be planted, erected, or maintained on any lot in such a manner as to unreasonably obstruct or interfere with more than 10% of the Bay view obtainable from inside the principal living areas of the principal resident of any other lot at the time of filing of this "Declaration." 1 3. Respect for our view: The Chan's current residence obstructs our Bay view by at least 10%, the maximum amount allowed in the "Covenants". The increased height and bulk of the proposed new residence will obstruct our Bay and greenery view by 30+%. 4. Roof heights and bulk: Much more mass is at a height comparable to a tiny portion of the current roof. The current plans show us looking at a lot of building mass rather than bay and valley views. One of the roof heights is listed at ???rather than a number. 5. Roof terraces: A 42" glass guardian rail on the top of the high roofs will further impede our view. 6. Roof color and material: The renderings show a red roof and the plans state"standing seam metal". 7. Solar panels: How many will be directly viewed from our house? Can they be disguised in any way? 8. Three stories plus basement: Could this be reduced to two stories to comply with the "Covenants"? 9. Could the entire residence be moved toward Altamont? I've attached some photos. I'll send more in a separate email. Cheers, Vicki Oldberg <Clear day - Chan's bedroom wing.JPG> <Clear day - den.JPG> <Higher than current peak of roof.JPG> <View from patio chair.JPG> 2 �)C111.'(3 . L LII Lv. . Wn 7 M. K(GO WE N 508419.23 '. 1 T _. •' i . n recorded turn tc) 13 579 Pa Cf5.3Q `'�' ed re !{ARD K. er 'EN AT 'AC�II ENS 3 C El Camino Real Al uos , CA 14022 •.7 c, ::err. (�• 90 z0 -v on ✓ p EQ MODIFICATION OF DECLARATION I SING CONDITIONS, C TS? RESTRICTIONS, EASEMENTS AND AGREEMENTS This Modification of D.1claration, made and dated on the date hereinafter set forth, by the Architectural Committee for Tract No. 4897 , of the :silent Hills Development Corporation , 7r. pursuant to assignment cf the right to modify said declaration duly executed by Silent hills Development Corporation, pursuant to clauses 20 and 21 of that certain Declaratiiolik recorded August 20 , 1971, in Volume 9471, Official Records; page 431, file 4076212 as follows: WHEREAS, Declarant is the Owner of that certain tract of land_ situate in the City of Town of Los Altos Hills , County of Santa Clara , State of California, described as follows: ALL OF LOTS 1 to 13, inclusive , as .shown upon that certain map entitled, "Tract No. 4897" , which Map was filed for record in the office of the Recorder of the County of Santa Clara , State of California, on August • 20, 1971 in Book 288 of Maps, at .pages 42 and 43, to which said Map and thf record thereof, reference is hereby made, a: J WHEREAS, the owner of the above tract of land hereby declares that, in addition to . and without limiting the effect of any conditions, restrictions or reservations to which said lands or • the use thereof are r.ow subject, including zoning and building ordinances .of, the City of Town of Los Lltos Hills, County of Santa Clara-; said land is held and shall be held, conveyed, hypothecated. leased, used, improved and occupied subject to the following covenants, conditions, restrictions, easements and agreements , which a••. imposed pursuant to :•ageneral plan of improvement and stC . r:Nate mutual equitable 'servitudes on each of the lots , plots :Jr parcels • in said tract and a privity of contract with reference thereto between the various owners thereof , their heirs , personal representatives, successors and assigns, to wit: RESTRICTION PROVISIONS • • CLAUSE 1. Use and improvement. No buildings shall be constructed other than one detached, single family private residence, a private garage for the use • of the occupants of such residence , a guest home for the en- . tertainment of social guests , servant' s quarters for hou'ing servants employed upon the premises , or other usual and appropriate outbuildings (including stables , if permitted by law) . All buildings must be strictly incident and appurtenant to a private residence, and no use whatsoever except in connect4_on with its use and improvement as t�:- site and grounds of a private residence shall be made of any lot or plot. The tern,:"private residence" is intended to exclude every form of «l- 579 racr531 multi-family dwelling , boarding or lodging house , sanitarium, hospital and the like . The term muse as a private residence" , is intended to exclude every form of business , commercial , :aanufacturi.ng or storage enterprise nr activity , and/or exploration for or production of minerals, stone , gravel , oil , gat and other natural resources . Under no circumstances shall any building or any part of any building exceed two stories or twenty-six feet in height, and for purposes of definition, this twenty-six foot height limit shall be defined as the maximum distance between the top of the mudsill which lies beneath the toF of any gable , measured by a • vertical line between these two points, or between the top of the mudsill and the highest point of any part of the building . CLAUSE 2 . Minimum Area of Residences . The principal residence i;uilding on any lot or plot shall be con- structed thereon and shall not be moved onto said premises from some other location. No garage, guest house or other appurtenant building shall be commenced prior to the commencement of con- struction on the principal residence. The principal residence shall cover a ground floor area of not less than 2 ,400 square feet, if a one-story structure, and not less than 1 ,600 square • feet on the ground floor if a one and one-half or two-story structure, with an additional area of at least 800 square feet on the second floor. "Ground floor area" shall exclude any attached garage , open porch, terrace, stoop, steps and like appurtenances not enclosed by the bearing walls of the residence building . CLAUSE 3 . Easements . Easements, as indicated upon the recorded Map, are reserved for the erection, construction, maintenance and operation ther.in or thereon of pipes , conduits , poles , wires and appurtenances and any and all facilities necessary or convenient for providing • gas , electric power, water seders, telephone and telegraph, drainage, bridle paths , or other public or quasi-public services or facilities. No buildings shall be (.laced upon such easements or interferc:.ce with the free use of the same for the purposes intended. The undersigned, its successors and assigns, shall have the right to reserve any additional easements for said pur- poses in contracts of sale or deeds to any or all of the lots in • the tract. CLAUSE 4 . Signs . No billboards or other advertising device shall be erected or placed upon any lot or plot in this tract, except as fellows : The name and profession of any professional man may be displayed upon any dwelling house upon a sign not exceeding 200 square inches in size. No more than one "For Sale" , "Lease" , or "Rent" sign shall be displayed upon any single lot or plot and -2- • B 579 rLc 532 ouch sign shall not be larger than eighteen inches by twenty-four inches ; provided , however, during the sutdivision and sale of lots in this tract, the Declarant or his agent may erect and display larger signs . CLAUSE 5. Care of Properties . All vacant lots in the tract shall at all times be kept free of rubbish and litter by their owners and said owners shall also keep disced and well-mown 'all weeds and grass so as to not exceed a height of 12 inches. Within 3 months after filing the notice of cowplcti ,n of the principal residence on a lot, the owner thereof shall commence to landscape said lot and said landscaping shall be effectively and substantially completed within 6 months from date of completion of residence . Said landscaping as a very minimum, shall contain no Less than 5 , 000 square feet of grass or ground cover approved by the architectural committee and shall also include the finish gradin , pla:ttiiig, and improvement of the entire front area of the lot as circumscribed by the projection of .the front line of the residence to the side boundaries and the frontage road. All questions or disputes as to sufficiency and type of land- scaping and time periods for meeting the requirements of this paragraph shall be within the sole discretion of the architectural - committee who shall also be empowered under mitigating circumstances to grant variances from the absolute requirements as stated above. The architectural committee shall also have the power to bring action against any owner in this tract, who in their power, is in violation of this clause in order to enforce compliance by said non-complying owner. CLAUSE 6 . Temporary Dwellings . No structure or building other than a completed proper residence , designed as such, shall be used or occupied as a dwelling place on any lot or plot in this tract. No tent or other temporary habitation is to be used. No trailers are to be used; nor may trailers , campers , boats , watercraft, large trucks and vans, recreational campers , gliders , airplanes , other aircraft in what- c.Yer state of assembly or disassembly lie stored or parked on any lou or plot in this tract unless within a garage or completely screened from the view of the street and all surrounding property. CLAUSE 7 . Completion of. Construction. Any residence or other building in . this tract, the construction of which has been st:Jrted, shall be completed without delay, except when such delay is caused by act:: of God, strikes , actual inability of the owner to procure delivery of necessary materials or by interference by other persons or forces beyond the control of the . owner. FinancLal inability of the owner or his contractor to secure labor , or materials , or discharge liens or attachments shall not be deemed a cause beyond his control. • • • -3- : . • . D. 579 r*; 533 In the event of cessation of construction of any buildine for a period of 120 days where such a cessation is not excusal by the provisions hereof, the existence of such incompleted building shall bc,,._dcemed to be . a nuisance and the undersigned, or any other owner of the property subject to this Declaration shall have the right to enter upon said incompleted property and remove the same or carry such construction work to completion, and the expense . '_ncurred in connection with the removal or completion of such building shall become a lien upon the land and improvements thereon, upon which such building is located, which lien can be foreclosed either as a mechanic' s lien and/or as a mortgage made . on real property. CLAUSE 8 . Preservation cc: Trees. No tree having a diameter o six inches at a height of three feet above the ground shall be cut down or in any way mutilated unless removal of the same is necessary to provide space upon which to erect a principal dwelling house. Permission to remove trees otherwise situated shall be obtained from the Architectural • Committee provided for in Clause 14 hereof.' CLAUSE 9 . Preservation of View. No tree, shrubbery , or other obstruction of any kind shall be planted, erected, or maintained on any lot in such a manner as to unreasonably obstruct or interfere with more than 10% of the Bay view obtainable from inside the principal living areas of the principal residence of any other lot at the time of filing this Declaration. The question of unreasonableness shall be determined by the Architectural Committee provided for- in Paragraph 14 hereof . The determination of the Committee shall be final and shall be binding upon every lot owner in this tract. The committee shall also be empowered to force the cutting, pruning or trimming of trees and shrubs existing at the time of recordation of this Declaration in order to preserve the view from the principal living areas of the re:;idence of other lots in this tract; prcvided, however , that the committee shall not unreasonably interfere with the visual screening of fences and shrubs necessary for the privacy of an a'ioining yard. CLAUSE 10 . Prevention of Nuisance . No lot or building thereon in this tract shall be used for the keeping or breeding of fowl , animals or creatures of any kind, for - commercial purposes . A reasonable and usual number of household pets and horses may be kept for the pleasure of the occupants of the premises where kept, but the same shall not be kept in numbers or under conditions objectionable to other residents in this tract. The keeping of other animals or fowl shall •not be allowed unless a permit therefor has been obtained from the Architectural Committee . Such permits may be revoked by the said committee at any time . : • it is desired to maintain the quiet, country atmosphere of this tract as far as possible. Barking dogs and unleashed dogs • • • -4- _ . B 579 raci5:34 4; permitted to roam free to the detriment of the property of others , and other noisy pets objectionable to other residents of this tract shall not be permitted. No lot owner shall have a: more than two dogs over three months old. At no time shall any 11r roosters , chitkens, drakes, ducks , ganders , or geese be kept or a,; • allowed anywhere on any lot either in any building or oatside. -_- Radios and other audio amplifiers , if operated out of doors, shall be turn'd down so as to be heard only by those using them. A' Motorcycles shall be prohibited. All roofed enclosures for horses or other livestock (if permitted) •y; must be located .on the rear half of the respective lots , and az must be at least moderately screened by vegetation , from any 'a' street (however, the requirements of this sentence may be varied in the discretion of the Architectural Committee by reasons of topographical considerations and other reasons) . No rubbish from any animals may be allowed to accumulate. Positive control measures must be utilized fully and continually so that the number of flies and other insects is kept ft an absolute minimum. c, Any violation of any provisions of this Clause shall be deemed to be a nuisance and action to abate sane shall be commenced ,,a. , -an by the Architectural Committee. All questions of reasonablenessPi or whether a nuisance does or does not exist in connection with v' the provisions of this Clause shall be decided by the Architectural Committee . The decision of the Committee shall be binding upon a,, each and every lot owner in this tract. CLAUSE 11 . Parking of tion-Passenger Tyve Vehicles. No boats, other watercraft , trucks, trailers or other vehicles , including campers , vans, recreational vehicles or trailers , x gliders , planes, or other aircraft in whatever state of assembly '5 or disassembly, with the exception of -., P private passenger auto- mobiles shall be parked for longer than one hour on the public or private roads or driveways within this tract without the approval _ the Architectural Committee, and this restriction shall also pertain to passenger automobiles in a non-operational state '� Pe (i. e. V being disassembled, assembled, repaired, etc. ) Said restricted "k vehicles as herein described may only be parked or stored within F this tract in garages. or in the rear of . residences in such a manner as to be completely out of sight from public view and all surrounding property. �` CLAUSE 12., Off-Street Parking . On each lot , within three months after the construction of the residence thereon, there must be constructed, and thereafter maintained, an improved, all weather-surfaced parking area of :a. 800 square feet or more, so arranged so as to provide parkingaf space for at least 4 automobiles . In computing the amount of such parking area , there shall not be included such area as is N within the garage or carport, nor such area as is within the 41 at vt . :yJ r.�C -5- B 579 PACE 535 driveway providing automobile access to and from the garage or carport , except that , as to such lengths of the driveway as equal or exceed 16 f'et in width, there may be included the area outside of a width of 10 feet of driveway. Howe"•cr , the requirements of this clause may be varied in the discretion of the Architectural Committee by reasons of topographical concidcr..tion and other reasons . CLAUSE 13 . Concealment of Garbage and Laundry . All garbage and aundry facilities on each lot shall be so enclosed or so screened as not to be visible from any land or building outside of such lot. CLAUSE 14 . Architectural Committee. a) An Architectural Committee shall be fcrmed for the purpose of • approving all plans and specifications for improvements in said tract and to exercise the other powers and functions conferred upon said committee by this Declaration. ' once Lawrence b) The committee shall be composed of Hassan Amer , LLappropriate Hamilton and Gay Krause. The committee may, by app p statement recorded in the office of the County Recorder of Santa Clara County, relinquish the right herein reserved to appoint and maintain said Architectural Committee. In such event, the then record owners of 50% or more of the lots in this tract may elect and appoint a committee of three or more of such owners to assume and exercise all of the powers and functions of the committee . The ap_•ointment of all members of the committee shalt. be evidenced by a written document recorded in the office of the County Recorder of Santa Clara County, California. If an election is held pursuant to this paragraph, the record owner or owners of each lot in this tract shall be entitled to one vote per lot. c) The committee may act by any two of its members. Any" action taken by the committee must be in writing and signed by at least two members . The committee shall adopt rules and regulations for the conduct of its proceedings and may fix the time and place for its regular meetings and for such extraordinary meetings as may be necessary. The committee shall keep written minutes of these meetings which shall be open for inspection to any lot owner. d) No m^_mber of the Architectural Committee, however created, shall receiw any compensation or make any charge for his services as such. _n tl.e event a member of said committee resigns or unable to act , the undersigned shall appoint his successor. Pending his . appointment, .the remaining members shall discharge the functions . of the committee. e) It shall be the responsibility of t.nis committee and no other to interpret the declarations and restrictions enumerated herein and its decision shall be binding in all cases upon the lots in question. • CLAUSE 15 . Approval of Plans and Specifications. -� I ) No building, residence , swimming pool , fence , wall, hedge, !storage tank , stable corral , 'tennis court, badminton court or any other ,ernanent structure shall be erected, altered , or placed on an:r lot or lots in this tract until building plans , specifications g579 racr5:3G • and plot plans showing the location, height and external design have been submitted to and approved in writing by the Architectural L-Immittcc . The plot plan shall show the exterior boundaries of the lots, the location and height of all proposed structures , the location and height of any proposed trees , shrubbery or other improvements which may obstruct the view from the residence upon any other lot , all existing casements on theplot , any other information requested by the committee. The committee will not approve the plans for any improvement which is not artistic- and which is not of an architectural type suitable to r, rural suburb or which obstructs the view or views from the princi• l living areas of the residence and will not approve any Ir.n ;•. - ping which may unreasonably obstruct the view or impair the en;uyment of any other lot or plot. b) Two complete sets of plans for each separate improvement including landscape plans shall be submitted by the owner *o the Architectural Committee . Said committee will return one approved or corrected set of plans to the owner retaining the second dup- licate set of plans in a file wnich shall be avai.able to all owners of property in this tract. c) If said committee fails to disapprove such plans and . specifications within thirty days after receipt thereof , such plans and specifications will be deemed to have been approved , but such approval shall be conditional upon compliance with all other provisions of this Declaration and all applicable ordinances . • CLAUSE 16 . Design Restrictions. The following items are prohibited except as specifically approved in writing by the Architectural Committee : , a) Fencing plans must be submitted to the Architectural Committee for approval . b) There shall not be constructed or maintained any white roofs , or any white concrete paving areas (except such paving areas as are covered by a roof) . c) There shall not be constructed or maintained any flat roof construction or residences which are founded rn Visible poles or stilt; '; d) No artificially created slopes of earth shall be maintained on . which the slope thereof exceeds one foot of rise for each two feet of lateral distance. Retaining walls may be utilized so long , as they are of adequate strength and attractive appearance and are approved by the said Architectural Co:..:uittee. e) No carports shall be constructed so that their interiors are visible from the public street or the adjacent lots. e) No television or amateur radio antennas may be permitted without the approval of the Architectural Committee. • CLAUSE 17 . Subordination, to Mortgages and Deeds of Trust. Nothing contained in this Declaration shall impair or render invalid the lien of any mortgage or Deed' of Trust made in good • faith and for value , but title to any property subject to this Declaration obtained through sale in satisfaction of any mortgage or Deed of Trust or otherwise shall thereafter be held subject to all cf terms and provisions hereof . . -7- a' 1 • \ B 579 ?Ac[537 • y�flV�.V ° C 1Terms of Restrictions. �. V These covenants , restriction-17a agreements are to run with the land and shall continue in full force and effect until date of April 15, 2005 at which date the same shall be automatically extended for successive periods of 10 years , unless by a properly executed and recorded stateme.lt the then owners of 500. or more of the lots subject to this Declaration elect to terminate or amend them in whole or in part. CLAUSE 19 . Right to Modification. The undersigned further reserves to itself, its successors and assigns , the right from time to time to waive, release or modify the reLtrictions , conditions, covenants and agreements herein contained to the extent which may be convenient or necessary, or for the proper installation , maintenance and repair of public utilities or other public services for use upon or for service to the property which is or may be subject hereto, and said rights e� reserved by this paragraph shall be assignable as provided in Clause 20 hereof . CLAUSE 20 . Assignment. The undersigned, its ' successors and assigns , shall have the right • at any time hereafter to assign any or all of the rights, powers and privileges hereinabove retained by the undersigned for itself , its successors or assigns, with respect to all or any portion of the property subject to the foregoing restrictions , conditions , covenants and agreements . The assignment shall be accomplished by the recordation of a written assignment executed and acknowledged by the unders_gned for the purpose of exercising • any rights, powers or privileges reserved hereby to the undersigned, its successors and assigns , by virtue of any conveyance or contract of sale executed by the undersigned unless such conveyance or contract of sale shall expressly refer to such reserved rights and state that they are intended to be assigned thereby. CLAUSE 21 . Severability. The various measures and provisions of this Declaration are declared to be severable , and the holding that any one measure or provision is invalid shall not affect any other measure or provisions. CLAUSE 22. Enforcement and Remedy. The various restrictive measures and provisions of this Declaration are hereby declared to constitute mutual equitable covenant_ and servitudes for the protection and benefit of each property owner in the said tract. Al_ of the restrictions and other provisions of this instrument shall run with the land, both as to all of the duties , obligations , liabilities &id servitudes thereof , and also as to all of tile rights , privileges , .erotections, benefits and dominancies thereof . Each and every grantee of any and all conveyance , and each and every purchaser under any and all contracts or agreements of sale, • -8- • ea. 'J I t) rdcIJ.Y) P and each and every lessee or tenant or licensee under any and all leases or tenancies or licenses , and any and all of the transferees and successors and assign: of the same, by accepting a Deed or contract of sale or agreement or purchase or lease or tenancy or license , as the case may be , accepts the same subject to all of the covenants , conditions , restrictions , easements and agreements set forth in this Declaration and agrees to be bound by the same . Damages for breach of any of the covenants, restrictions or agreements set forth in this Declaration are hereby declared • not to be adequate compensation, but such breach and/or the continuation thereof may be enjoined or abated by appropriate proceedings by the undersigned, or by an owner or owners of .any other lot or lots in this tract. ; CLAUSE 23 . Failure to Enforce . Failure by the undersigned or any other person or persons entitled Cr] so to du to enforce any covenant, condition, restriction or agreement upon violation thereof shall not stop, prevent or be • deemed a waiver of the right of enforcement thereafter . CLAUSE 24 . Definition. As used in this Declaration, the term "undersigned" shall mean the undersigned, its successors and assigns. CLAUSE 25. Attorney ' s Fees . In the event that the Architectural Committee or the undersigned • deem it necessary to commence legal proceedings to enforce any of the provisions of these covenants or restrictions against any lot owner in said tract. then said lot owner shall be liable to pay a reasonable attorney ' s fee to said Architectural Committee or said owner an all costs in connection with said suit, including but not limited to attorney ' s fees and costs for consultation and advice incurred in connection with the remedy thereof , even if no suit is subsequently filed . Dated : c`T 17_ , 1975 . SILENT HILLS DEVELOPMENT CORPORATION , a corporation BY : RL . FRITSCHLE - President • BY : LES ESHNER - Secretor. • J �. _9- • O y • • • • t, • fr W Ct 579 STATE CAL/FORNIA. racf5+++i���+++'I" f. C . .t� 4San to C.aLa. ) " r .. . timf 12th lay Aug4Ls. ix tke Yrvr ox tk..ar.twd w•wr luswdrrd owd_..�S'Y.Qe.n.k•3r.77 f,kNPr... _., ' hd„,, ,wr, -__ . Richard._1'i• . M^�Qwen. _..._ . , a ,','ut•tr-r 1':4•t,e, • h14 . %-t•r!e 4 Cdiforwi..daily c,nwawitrivaed dad neon..Irrtowalfy ullrarrd __rllr1 M.. r' Frit chla and. 1u 43 1aZ -Eshn .i __ . L; hut•-t.w to .0 to be 1Ar . proficient. ard...secri t. ry,.. re .pecrivg1y •• '+ ./ she c,.rlwutiuw de:crab:Li ix ...gad t;....:, ...recut, I the f ifkim in Al name's!, and also kw.,WN to wee to be `-- the pnv tw S who executed the tithsa iicttrtcwewt on 1144411g:1 tke rurl•nratiow therein r:tweed, USW ll: 'u=notriedy:d I. ase :kat nsek rorlvrohuw exerapror tke raw,•.-.• _. ....._. 1yw IN ii'ITNF_SS WIIEfEOF 1 Late hereunto let My kaad M wad affixedi, y official xnl in Ike : . .Cr - :1 _-...- c1 t .- C -• .,_..,•.the day awl year i .fOcrrtificaie •fir written.OFFICIAL SFAL `w RICHARD M. McGOWEN NOTARY Puat.IC•C :.Iroarcu �.`SANTA CLARA CN �.r• . ►.nta V• 28 (Atti.ca.kse••e-a,_ -• • • . MYCommtu+onEiprp. .1 11 tNotary Public, liteo Cali(cn•n:a. • :It: • ,• >..• 1144 H90 t I. 4600 El Comfrto Real. Lm Altos. 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A\NIt•l9'E l•or 1 yt �i IA” .1 �' LOT 8 .i.-°•, ‘ (imJ/r P717 L'ne tusrmrnl , t/°I''''S'A- {--/O• LOT 7 " /.452'_Acres 1,:90 0 a ne �,^ t Ac/rs =C N n•00.07.L {~ 1.436- i h/e s ,. 9'SJ•W 1300' S 0„.e.0'Ol'E l _JN' / �1P er.77:377./1 Eoumrnl b.Pu.0 401.19' flim /.fA Eor+rrnl )IR M• fir —. ..'•'.. i; I • JSB-00' N/.JI E /08l tJ `R`dy1LA. 'j:•;t.. /' ]nCf l,lar alld.P.41429.ddfevrr::lr I:2 n- ;il 7nT Ei �, u,P C A MA R G O ATTACHMENT 4 1 P 1 L J f 1 � I r J & ASSClElATES ARCHITECTS Monday,April 25,2016 City of Los Altos Hills Planning Department Attn. Steve Padovan Re: Chi-Foon and Rebecca-Sen Chan Residence 27150 Julietta Lane File#317-15-ZP-SD-GD Dear Steve, First let me thank you for your deligent effort in getting our plans corrected and completed for approval at our forthcoming Fast Track Public Hearing next week. Please be aware that we received yesterday four of our sent out letters of invitation to our neighborhood meeting. The letters and addresses are as follows: Charles P.Perrell Leon Harman Sham S.Tandon Sharat&Namita Singh 26411 Eshner Ct. 27151 Julietta Ln. 27251 Julietta Ln. 27359 Julietta Ln. Pursuant to our neighborhood meeting findings we'd like with the City's ok to pursue lowering the detached garage by introducing permissible retaining walls within the front yard setback to allow for lowering of the driveway and driveway approach. When we review the landscape plans we will also look at introducing new screen planting which will minimize the views from the neighbors behind,as well as plan to retain most of the trees and planting already existing which screen views in both directions from the adjacent properties. We are also going to use non reflective flat solar panels so as not to be noticeable from neighbors uphill. We'll use the non reflective glazing railings as we used on the Pearson residence on Silent Hills Road. If you have any questions or desire to meet before our public hearing please let us know. Sincerely, Maurice Camargo,AIA,Architect 3953 Yolo Drive • San Jose,California 95136 • Office(408)266-3442 • Facsimile(408)266-7560 ATTACHMENT 5 Victoria and Terry Oldberg 27250 Julietta Lane Los Altos Hills, CA 94022 Sun •drq 29, 2016 Dear Planning Commission, We are writing to express our grave concerns regarding the project at 27150 Julietta Lane. We respect the principle that the Chans can build a new residence on their property, one that meets their needs. The current proposed residence, however, will give them a much improved view at the expense of our view'. We have lived in our house for 40 years, and purchased the property with Conditions, Covenants, Restrictions ("CC&R's")2 in the title which contained information which would protect our view. These same CC&Rs are on the Chan's title. I include a copy of the operable Clauses with this letter. Our primary concern is the loss of view: Bay view, west Bay lights extending as far north as Redwood City, East Bay lights, East Bay hills, valley views. Other concerns are stated below. In preparation for the Planning Commission meeting scheduled on July 7th, please consider these concerns. We welcome you to visit our property to see the impact of the proposed construction and also enclose photographs demonstrating the impact. 1. Respect for our view: The Chans' current residence, trees and shrubs obstructs our Bay view by at least 10%,3 the maximum amount allowed in the CC&Rs. The increased height and bulk of the proposed new residence will significantly increase the obstruction of our Bay, mountain and valley view. The current plans show us looking at a lot of building mass rather than Bay, mountain and valley views. One part of the proposed plans which will obstruct our view is the master bedroom wing. From our property, instead of looking at natural landscape which extends across the Bay, the master bedroom wing will provide us with a view of a solid stucco box (the rear of closets) with solar panels on top. The roof line of the bedroom blocks our view of the valley, Bay and east Bay hills and extends as high as the skyline. 1 We received no prior notification of a new residence until we witnessed orange construction netting being erected on April 9th. After that we received a generic"neighbor' letter by the architect. However, the architect never contacted us to visit our property to see the impact of construction of a new residence. Nor did the Chans even though we have been in regular communication from the Chans to trim their trees and shrubs to maintain our view. 'The binding document is entitled to"Modification of Declaration Imposing Conditions, Covenants, Restrictions, Easements,and Agreements" and was recorded by Santa Clara County on August 25, 1975. This binds both properties.We purchased our lot in 1975 with the understanding that our view would be preserved. Los Altos Hills also has a view preservation ordinance, which, although it applies to trees and vegetation, demonstrates the general intent to protect views from residences. 3 Clause 9 reads: "Preservation of View. "No tree, shrubbery, or other obstruction shall be planted, erected, or maintained on any lot in such a manner as to unreasonably obstruct or interfere with more than 10%of the Bay view obtainable from inside the principal living areas of the principal resident of any other lot at the time of filing of this"Declaration."There is also a prohibition in Clause 1 against any building exceeding 26 feet in height, which this plan contemplates. 2. Viable Alternatives: The Chans are fortunate in that they have a 1.3 acre lot on which to expand. This provides them with ample opportunities to site their new construction in a manner which will not impair our views. The very first principle of siting a residence in the Los Altos Hills Municipal Code on Zoning and Site Development militates in favor of such an alternative location. Specifically, Section 10-2.702 entitled "Siting" provides: "(a) Alternative Locations. The location of buildings and structures shall be selected so as to minimize run- off from the site, the volume of off-site drainage created, the destruction or alteration of natural vegetation, and the impairment of scenic views from off the site." 3. Respect for privacy: A portion of the master bedroom wing contains a 2nd bedroom with windows which will look upon our backyard, master bedroom and bath, living room, and dining room. 4. Roof heights and bulk: Much more mass is proposed at roof height compared to the current roof. The current plans show us looking at a lot of building mass at the expense of our bay and valley views. With 1.3 acres, can the house be spread out over a larger area and reducing the number of levels (lower, main, and upper) from three to two? Los Altos Hills Municipal Code has height maximums delineated (27'), but is also clear that these are "maximums" which should not be permitted if other factors militate against it. Section 10-1.504 (f) states: "The standards set forth in this section for height are maximum standards. The City Council and Planning Commission have the discretion to apply stricter standards to reduce height where site specific constraints dictate further limitations, such that the purposes of the ordinances are complied with. Some examples of site constraints include, but are not limited to, the shape or natural features of the lot, easements which restrict development, or high site visibility." The CC&R's are effectively "easements" which restrict development that would obstruct Bay views. 5. Roof terraces: A 42" glass guardian rail on the top of the high roofs will further impede our view. 6. Roof color and material: The renderings show a red roof and the plans state "standing seam metal". We're concerned about how this will blend into the natural landscape and we're also concerned about possible glare. 7. Solar panels: They largely face our property. Can some of them be relocated or removed? We thank you for your time and consideration and can be reached at the following email or phone number to arrange for a site visit and/or answer any questions. voldberq(a,stanford.edu; 650 941-0533 or 650 387-8296 Sincerely, T e trry O Lol b-e,trg V i.Gk i.0 Loth-e rrg Vt. . °IP. •.., .,"4,,, f '-•. . . ,•, ..,• ATTACHMENT 6 v.ietAr,,,- .-... --<:,. _ ..., •,:,....- --.-, . t , -,.• .,. .. .., - . r• .- -' •' , •`.- . . ,..„,;,.i • . , ... . . , . . , .•,,... , .r'4' •_ . - - P • . , .•., ' ,'4.-1.. 41. 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' •.F. 7. ins` . „q . .07 10J •1/ '4..1.0 `l,aQ "Z.a 8 -...'`.ri . „i,t jai", w f \: • ATTACHMENT 7 Steve Padovan From: Franny <wangers2@aol.com> Sent: Tuesday, April 26, 2016 5:08 PM To: Steve Padovan Cc: Rebecca-Sen Chan Subject: 27150 Julietta Lane Hi Steve. I understand that you are helping our neighbor the Chans on 27150 Julietta Lane to build their dream home. am sure you will do a good job for them that all neighbors on the street will enjoy the view of it. I would like to offer my support for your project. Regards. Franny Wang Sent from my iPhone 1