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ITEM 3.3
TOWN OF LOS ALTOS HILLS October 6, 2016
Staff Report to the Planning Commission
SUBJECT: CONDITIONAL DEVELOPMENT PERMIT AND SITE DEVELOPMENT
PERMIT FOR A 638 SQUARE FOOT, SINGLE-STORY ADDITION TO AN
EXISTING NONCONFORMING SINGLE FAMILY RESIDENCE WITH A
VARIANCE REQUEST TO ALLOW FOR A THREE FOOT ENCROACHMENT
OF ONE CORNER OF THE NEW GARAGE INTO THE 30 FOOT SIDE YARD
SETBACK; LANDS OF JONES AND GRAU;24802 OLIVE TREE LANE;FILE
#142-16-ZP-SD-CDP-VAR.
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 Conditional Development Permit, Site Development Permit and Variance
subject to the findings included in Attachments 1 and 2 and the recommended Conditions
of Approval in Attachment 3; or
2. Deny the Variance request and continue the item so that design modifications can be made
to bring the project in conformance with required side yard setbacks.
BACKGROUND
The existing residence was constructed in 1968 under the County of Santa Clara's zoning
regulations which required a minimum side yard setback of 20 feet for the primary dwelling and
allowed parking and decks in the setbacks (current zoning regulations require a 30 foot side yard
setback). The residence was originally built with a two car garage that was converted to a master
bedroom prior to annexation by the Town in 2012 and the total development area of 9,094 square
feet exceeds the current maximum allowed (6,750 square feet). Based on these existing site and
building conditions, the residence has been deemed a legal nonconforming structure.
Subject Property
The subject property is located near the top of the hill on the south side of Olive Tree Lane, across
from Northcrest Lane and adjacent to a municipal water tank. The property is a 1.10 acre flag lot
with a 20 foot wide panhandle and long rectangular shape resulting in a high depth to width ratio.
The existing driveway does not occupy the panhandle and instead, utilizes an easement on the
abutting property at 24808 Olive Tree Lane. The parcel meets the minimum lot area for the Town,
however, due to the steepness of the property, the Lot Unit Factor is .465, resulting in the need for
Planning Commission Report
Lands of Jones and Grau
October 6,2016
Page 2
a Conditional Development Permit. The property has a flat graded area occupied by the residence
and swimming pool but drops off steeply to the south and east. Vegetation is limited around the
immediate residence and there are several oaks, native shrubs, and grasses on the slopes below the
home.
PROPOSED PROJECT
The applicant is requesting a Conditional Development Permit and Variance for a 608 square foot,
single-story addition to an existing residence consisting of an attached 462 square foot garage and
a 146 square foot front entry and study. The enclosed portion of the front entry results in an
additional 20 square feet of floor area bringing the total floor area being added to 638 square feet.
The variance request is to allow for a three foot encroachment of one corner of the garage into the
required 30-foot side yard setback for a total encroachment of approximately 20 square feet. The
addition is within the maximum 27 foot height limit and maximum floor area requirements and
will be constructed on existing asphalt pavement resulting in no increase in development area. The
applicant is proposing to remove 955 square feet of paved area that is located in the side yard
setback, will remove the shed in the setback, and is willing to grant an open space easement on the
lower slopes of the property.
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: 1.10 acres
Net Lot Area: 1.10
Average Slope: 36.9%
Lot Unit Factor: .465
Floor Area Ratio .08
Area Maximum Proposed Existing Increase Remaining
(sq.ft.) (sgft.) (sq.ft.) (sq.ft.) (sq.ft.)
Development 6,750 8,820 9,094 (274) 0
Floor 4,650 3,985 3,345 638 665
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
4
Planning Commission Report
Lands of Jones and Grau
October 6,2016
Page 3
- 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-car attached garage with a new front entry and study.
The contemporary ranch style architecture of the existing residence has been incorporated into the
new garage by utilizing a matching gable roof and roof materials while the front entry includes a
stone façade that has been carried through to the base of the garage. The location of the garage
was primarily dictated by the need to maintain light and air for the existing kitchen which is located
directly in front of the new entry and faces the new garage. In addition, the owner wanted an
addition that integrated well with the existing structure. The entire addition is single-story and
does not impact views from any adjoining properties.
Existing site access consists of a narrow (10-12 feet wide) shared driveway off Olive Tree Lane
which widens to 18 feet once it enters the property. There are no covered parking spaces although
there is a large paved area that can accommodate multiple vehicles. As part of the project, the
applicant has proposed removing the pavement that is within the 30 foot side yard setback and will
modify the driveway to create two open parking spaces next to the pool. The new spaces will not
( interfere with the garage access. Proposed grading is limited to a small cut in the existing slope to
accommodate the new parking and for the removal of the asphalt to build the new garage and front
entry. There is no increase in stormwater runoff as the addition will be built over existing
impervious surfaces and additional pavement will be removed. Therefore, no additional
stormwater detention systems 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 findings in support of the Conditional Development Permit (see Attachment 4). Based
on existing site conditions,surrounding development and the scale of the project,staff has prepared
the following CDP findings:
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.
•
Planning Commission Report
Lands of Jones and Grau
October 6,2016
Page 4
The subject property is over one acre in size and contains a flat development area which can
accommodate the proposed project with minimal grading. The existing dwelling, pool deck
and parking areas encroach into the required 30 foot side yard setback whereas the addition
will primarily be located within the building envelope. In addition, the proposed project is
below the maximum floor area and height regulations, and the overall development area will
be reduced. The applicant has requested a variance to allow one corner of the garage to
encroach into the side yard setback by three feet. This variance has been approved by the
Planning Commission based on findings that the property has a steep average slope of over
30%, the existing legal nonconforming residence maintains a 17 foot roof eave setback on that
property line and the existing topography and required setbacks limit the available
development area.
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 Olive Tree Lane neighborhood is a mix of one and two-story residences on conforming
and substandard lots that were developed under County regulations. Properties in the
surrounding area contain nonconforming structures and the Town recently approved a
variance for an addition and remodel on an adjacent lot with similar property characteristics
and nonconforming circumstances as the subject lot. The proposed addition does not exceed
the MFA, will reduce the existing MDA, and meets all other development standards with the
exception of the minor encroachment of the garage corner into the side yard setback.
Furthermore, the addition is single-story and the scale of the project is in keeping with the
scale of development 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 trees or shrubs are impacted by the proposed addition and grading will be minimal based
on the existing flat topography where the addition will be located. 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 including compliance with grading, drainage and erosion control,
building siting, view protection, landscaping and outdoor lighting.
Planning Commission Report
Lands of Jones and Grau
October 6,2016
Page 5
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.
The proposed project is unique in that the location and footprint of the garage could be modified
to eliminate the need for a variance. During the initial review of the project, staff suggested that
the project be redesigned. In response, the owner modified the design by reducing the amount of
encroachment (see Attachment 5). The resulting design now encroaches only three feet into the
setback and totals less than 20 square feet of floor area. The owner also provided additional written
justification for the variance (see Attachment 6). In summary, the owner wishes to maintain the
design as proposed because it is more architecturally compatible with the existing residence and
substantial light is maintained into the kitchen. They added that the existing home maintains a
roof eave that encroaches up to 13 feet into the setback,the home is not visible from the street,and
adjacent neighbors support the project.
Although it is possible to construct the garage without the need for any variance, staff supports the
encroachment due to the following factors:
• The two car garage and two open parking spaces will bring the property into conformance
with the Town's parking requirements;
• The owner will substantially reduce the amount of development area on the site by
removing all pavement from the side yard setback;
• The existing residence maintains a 17 foot setback to the roof eave on that side of the
property;
• An open space easement will be granted to the Town which will encompass all the property
below the 800 foot contour elevation (as recommended by Open Space);
• The neighbors directly abutting the addition on that side of the property support the project;
• The amount of encroachment is minimal and only encompasses one corner and less than
20 square feet of garage;
Planning Commission Report
Lands of Jones and Grau
October 6,2016
Page 6
• The lot is 130 feet wide, 30 feet less than the minimum required lot width.
• The new garage will not result in any additional visual impact to surrounding properties
and adequate landscape screening can be provided.
The Planning Commission has granted variances for setbacks on properties where development
could be accommodated within the building envelope when conditions were appropriate. The most
recent examples are 13531 Burke Road, 25608 Deerfield Drive and 24874 Olive Tree Lane. The
first two examples involved new residences on substandard lots with required open parking spaces
in the setback. The Olive Tree Lane project, approved in 2013, has more similar characteristics
with the proposed project. It is directly adjacent to the subject property and involved a two-story
addition and major remodel of an existing residence on a conforming lot where the new
construction replaced a detached garage that was less than 10 feet from the property line. The
addition was approved with an 18 foot setback even though it would have been possible to
construct the addition within the setback lines. The Commission found that the variance was
justified and that the granting of an open space easement on the lower slopes was a benefit to the
Town(see Attachment 7).
Staff has included the findings in support of a setback variance under Attachment 2. However,
should the Commission decide that a variance is not justified, then staff recommends that the
Commission continue the project and direct the applicant to return with a design that complies
with the 30 foot side yard setback requirement.
PUBLIC COMMENTS
The owner submitted three letters from surrounding neighbors in support of the project (see
Attachment 8). As of the writing of the staff report, the Town has received no other comments on
the project.
Town Committee's Review
The Environmental Design and Protection Committee provided a general comments on MDA and
MFA and questioned the construction in the setback.
The Open Space Committee recommended that the applicant/owner grant an open space easement
on the lower slopes of the property (see Attachment 9). The owner has agreed to grant the
easement. Condition #4 requires that the easement agreement be signed and notarized prior to
building permit submittal.
ENVIRONMENTAL CLEARANCE (CEQA)
The proposed single family residence is categorically exempt from the provisions of the California
Environmental Quality Act per Section 15301(e) — minor addition to an existing single family
residence.
Planning Commission Report
Lands of Jones and Grau
October 6,2016
Page 7
ATTACHMENTS
1. Conditional Development Permit Findings
2. Variance Findings
3. Recommended Conditions of Approval
4. Applicant's Findings in support of the Conditional Development Permit
5. Letter from Applicant Regarding Design Modifications dated June 2016
6. Letter and Applicant's Findings in support of the Variance
7. Excerpt of Minutes from December 5, 2013 Planning Commission
8. Letters of Support from Surrounding Property Owners
9. Open Space Committee Minutes dated June 9, 2016
10. Proposed Fencing Plans
11. Proposed Site and Architectural Plans—Planning Commission only
F
ATTACHMENT 1
ATTACHMENT 1
FINDINGS OF APPROVAL FOR THE CONDITIONAL DEVELOPMENT PERMIT
LANDS OF JONES AND GRAU; 24802 OLIVE TREE LANE
File# 142-16-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 over one acre in size and contains a flat development area which can
accommodate the proposed project with minimal grading. The existing dwelling, pool deck
and parking areas encroach into the required 30 foot side yard setback whereas the addition
will primarily be located within the building envelope. In addition, the proposed project is
below the maximum floor area and height regulations, and the overall development area will
be reduced. The applicant has requested a variance to allow one corner of the garage to
encroach into the side yard setback by three feet. This variance has been approved by the
Planning Commission based on findings that the property has a steep average slope of over
30%, the existing legal nonconforming residence maintains a 17 foot roof eave setback on
that property line and the existing topography and required setbacks limit the available
development area.
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 Olive Tree Lane neighborhood is a mix of one and two-story residences on conforming
and substandard lots that were developed under County regulations. Properties in the
surrounding area contain nonconforming structures and the Town recently approved a
variance for an addition and remodel on an adjacent lot with similar property characteristics
and nonconforming circumstances as the subject lot. The proposed addition does not exceed
the MFA, will reduce the existing MDA, and meets all other development standards with the
exception of the minor encroachment of the garage corner into the side yard setback
Furthermore, the addition is single-story and the scale of the project is in keeping with the
scale of development 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 trees or shrubs are impacted by the proposed addition and grading will be minimal based
on the existing flat topography where the addition will be located. 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 including compliance with grading, drainage and erosion control,
building siting, view protection, landscaping and outdoor lighting.
ATTACHMENT 2
ATTACHMENT 2
FINDINGS OF APPROVAL FOR THE VARIANCE REQUEST
LANDS OF JONES AND GRAU; 24802 OLIVE TREE LANE
File# 142-16-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 narrow lot that does not meet the minimum 160
foot width requirement in the zoning ordinance, has an average slope exceeding 36%and
contains a very limited development area due to the narrow lot and steep topography.
Therefore, the imposition of the same setbacks and zoning standards that apply to a flat
one acre lot with a greater width deprives the property owner of certain privileges,
including a reduction in the property's buildable area and limitations on the siting of the
garage addition and parking areas.
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 and 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
narrow parcel. The proposed garage addition will bring the parking into conformance
with the Town code and remove a paved parking area from the side yard and replace that
with landscaping. The approval of the setback variance also results in a design that is
more architecturally compatible with the existing residence.
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, existing access to the public road is maintained, and the
minor encroachment of the single-story addition can be screened by landscaping and will
not be highly visible to existing residents. In addition, the surrounding area was
originally developed under Santa Clara County zoning regulations and there are
structures throughout the neighborhood with lesser setbacks.
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. The project involves an addition to a single family residence, which is a
permitted use in the zone district.
ATTACHMENT 3
ATTACHMENT 3
RECOMMENDED CONDITIONS OF APPROVAL FOR A CONDITIONAL
DEVELOPMENT PERMIT AND VARIANCE FOR A MINOR ADDITION
LANDS OF JONES AND GRAU—24802 OLIVE TREE LANE
File# 142-16-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. After completion of rough framing or at least six (6) months prior to scheduling a final
inspection,the applicant/owner shall submit landscape screening and erosion control plans for
review by the Planning Department staff. The application for landscape screening and erosion
control shall be accompanied by the applicable fee and deposit. Attention shall be given to
plantings which will be adequate to break up the view of the garage from surrounding
properties, especially from properties to the west. 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 addition. The landscape screening plan shall comply with Section 10-
2.809 (water efficient landscaping) of the Los Altos Hills Municipal Code.
3. Prior to issuance of building permits, all oak trees to be retained within the construction area,
particularly any heritage oak trees, shall be fenced at the drip line and if necessary,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 issuance of building
permits or commencement of grading. The fencing must remain throughout the course of
construction and include signage stating, "TREE PROTECTION FENCE—DO NOT MOVE
OR REMOVE WITHOUT APPROVAL FROM 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.
4. The property owner shall grant an Open Space Easement to the Town over the portion of the
property that is below the 800 foot elevation contour. Any existing structures shall be removed
from the easement area and no grading or fill shall be permitted unless necessary to restore the
original grade. Native vegetation may be planted within the easement and irrigation or
sprinkler systems are only permitted to establish the native vegetation. The property owner
shall provide legal description and plat exhibits prepared by a licensed land surveyor and the
Town shall prepare the grant document. The grant document shall be signed and notarized by
the property owner and returned to the Town prior to acceptance of plans for building permit.
Lands of Jones and Grau
24802 Olive Tree Lane
October 6,2016
Page 2 of 4
5. 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 garage addition and roof eaves are no
less than 27' from the side property line." 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.
6. 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.
7. The open style fencing and gate shown on the site plan and submitted with the application is
approved. Any new fencing or gates shall require future review and approval by the Planning
Department prior to installation. Fences shall not encroach within any easements on the
property or adjacent properties.
8. All existing sheds, structures, and hardscape shall be removed from required setbacks.
9. Outdoor lighting shall comply with the Town's Outdoor Lighting Policy. "Cut sheets" for all
exterior light fixtures shall be submitted to the Planning Department prior to acceptance of plans
for building plan check. Exterior light fixtures shall have frosted glass, be down lights or
utilize fully shielded fixtures. No lighting may be placed within setbacks except two entry or
driveway lights.Any additional outdoor lighting shall be approved by the Planning Department
prior to installation.
10. 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.
11. Fire retardant roofing (Class A) is required for all new construction.
12. Roof eaves shall not encroach more than three feet into the required side yard setback and the
roof eaves shall be shown on the site plan in the set of construction drawings.
13. 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 addition shall be 18
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:
14. Any and all changes to the approved Site Plan and shall first be approved by the Town
Engineering Department. No grading shall take place during the grading moratorium(October
Lands of Jones and Grau
24802 Olive Tree Lane
October 6,2016
Page 3 of 4
15 to April 15) except with prior approval from the City Engineer. No grading shall take place
within ten feet of any property line.
15. Final grading and drainage shall be inspected by the Engineering Department and any
deficiencies corrected to the satisfaction of the Engineering Department prior to final approval.
16. Any and all areas on the project site that have the native material disturbed shall be protected
for erosion control during the rainy season and shall be replanted prior to final inspection.
17. 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 Olive Tree
Lane, 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.
18. 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.
FIRE DEPARTMENT:
19. The gate shall be equipped with a Fire Department approved knox key switch or knox box,prior
to final inspection.
20. 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 %2 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.
CONDITION NUMBERS 4, 6, 9, 17 and 18 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 October 28, 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
Lands of Jones and Grau
24802 Olive Tree Lane
October 6,2016
Page4of4
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 October
6, 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.
•
Conditional Development Permit ATTACHMENT 4
Page 3
C'DP Findings
APR 27 2016
TOWN OF LOS ALTOS HILLS
The findings for a Conditional Development Permit are 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 other such features as may be required by this
chapter; ! � 1
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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;
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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.
w'• CI be ,no oAel paw% o II v efcii iO V\ a-s e_
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4. The proposed development is in compliance with all regulations and policies set forth in the
Site Development Ordinance.
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�rEcrkvEt)T'TACHMENT 5
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JUN 1 3 2016
June 2016
TOWN OF LOS ALTOS HILLS
Dear Planning Commission,
This letter is a follow up to our first submittal and ensuing meeting with Steve Padovan for our residence
at 24802 Olive Tree Lane in Los Altos Hills.
We adjusted our project based on the input received:
• The newly proposed garage will only extend into the 30'setback by 3 feet.
• The portion of the garage in the setback will actually be a small triangle of approximately 3'by
10'.
• Additionally,to better accommodate the setback,we moved the garage over towards the house
giving us a modest 7'entryway.
• Lastly,we positioned the garage in a way that is better than the existing encroached setback
area,and the distance to the property line is now 27'-0"vs. 16'-10"
• The new entry area makes for a better transition from garage to the living area.
• Since we will be removing almost 500 sq feet of existing asphalt from the setback area,it will be
an additional improvement to the property(and a reduction of MDA).
Respectfully submitted,
Julene Jones and Dominique Grau
ATTACHMENT 6
April 2016
APR 2 7206
TOWN OF LOS ALTOS HILLS
Dear Planning Commission,
This letter is to request and substantiate the grant of a Variance for our residence at 24802 Olive Tree
Lane in Los Altos Hills.
A variance is needed because of the lot's unique shape,size and slope.The lot was originally parceled
out by the Santa Clara County.
The house was originally built in 1968 under the county of Santa Clara codes. The county's setbacks are
20 feet from the property line. The original/existing structure was built according to the county's codes.
In 2012,tract homes on Olive Tree were annexed into Los Altos Hills.We purchased the house in 2013.
We are asking to build a garage as the house did not have a garage when we purchased it and we need
to protect our cars from the elements.Almost all of the houses in Los Altos Hills have garages. It would
be just a modest 2 car garage.
The proposed new garage would not impact upon any of the neighbors as we are on a flag lot and our
house is not visible from the street.The side setback of the proposed garage will be less than the
existing dwelling setback(25 ft vs 30ft).There will be a small triangle(less than 90 sq ft)of the new
garage that only intrudes into the 30-foot setback area.
Our neighbors at 24874 Olive Tree Ln (parcel 336-35-090)who live above us were recently granted a
variance for their remodel as they had a similar situation. They were granted approval of a 18ft variance
from our property line for their extensive remodel.
Due to the nature of the lot(which is long,narrow and on a slope)making the 30-foot setback is not
possible. The garage will follow the natural contour of the driveway and house;we placed the garage as
close as possible to the house in order to minimize the encroachment into the setback and does not
increase MDA.
•
Our MFA will increase by less than 500 square feet,most of which is the garage.Our MDA will not
increase.
Thank you for your consideration,
Respectfully submitted,
Julene Jones and Dominique Grau
Variance
Page 4 RECEIVED
rED
Vpt g.I PIA)Cf_ FINDINGS 4 PR 20 6
I®WNOFL05ALTO5
The findings for a Variance are as follows: HILLS
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:
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2. That upon granting of the Variance,the intent and 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:
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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:
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4. That the Variance will not allow a use or activity which is not expressly authorized by the
Zoning Ordinance:
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TOWN OF LOS ALTOS HILLS
•
ATTACHMENT 7
Approved January 9,2014
Commissioner Tankha stated her support of the project for all the reasons alrea•,_t'
mentioned. She feels strongly about the landscape going in sooner rather than
so the trees will have matured by the time the building goes up, and will 1;7, g. ate
the visual impact that concerns the neighbors.
Commissioner Mandle believes everyone is acting in good faith. itis project is a
good compromise. To push back the house any further would ip,ct the view as it
may have to become a full two-story building. If the house,EP's one story it would
extend closer to the creek which would be a negative imp `
Commissioner Couperus was not at the Octobe `h hearing but sees that the
Chens have done what the Commission has aske•;:c"em to do. He stated his support
the new frontage along Old Page Mill Road. re foes not support the early planting.
41.
Chair Abraham concurred with the re if the Commission, and does not support
-04
early planting.
1
MOTION MADE AND CA' '4-'6: Moved by Commissioner Partridge, seconded
by Commissioner Tankha ,g(: passed unanimously to approve a request for a Site
Development Permit fo,4.6,095 square foot two-story new residence and 1,411
square foot basem 1r (Maximum height: 26'). The proposal includes eave
encroachments i .4r e side setbacks of up to 18" and measures the front setback
from the Old °='ge Mill Road frontage (40') and the side setback'from the Gerth
Lane front;; (30'). with the added condition of moving the fireplace and that the
paint re "tivity value will not exceed 50 %.
missioner Mandle requested the added condition that the applicant be
rongly encouraged to include the neighbors in the Landscape Screening process.
3.2 LANDS OF HADDEN: 24874 OLIVE TREE LANE; File # 273-13-ZP-SD-GD-
VAR; A request for a Site Development Permit for a 1,139 square foot two story
addition (maximum height 25'), a setback variance for the proposed addition and
surface parking spaces to encroach up to 20' within the side yard setback, and a
variance to allow a parking configuration that creates an obstructed vehicular
access for one (1) parking space. In addition, the applicant is requesting a Grading
Policy exception of up to 6'6" of fill for the addition where 3' is allowed. CEQA
review: Categorical Exemption per Section 15303 (a) (staff-Nicole Horvitz).
Assistant Planner Nicole Horvitz presented the staff report, and'noted that the
Open Space Committee granted a reduction in the property's Open Space easement
since the preparation of her report.
Commission asked questions of staff.
Chair Abraham opened the PUBLIC HEARING.
Architect Michael Chacon spoke on behalf of the project.
3
Planning Commission Regular Meeting Minutes
December 5,2013
Approved January 9,2014
Commissioner Partridge confirmed with the architect that a fire truck turnaround
was not required for this property.
Chair Abraham closed the PUBLIC HEARING.
Commissioner Couperus noted the setback reduction and open space easements as
gains for the Town. He stated his support of the project.
Commissioner Mandle stated that a variance is justified with this lot, and agreed
with Commissioner Couperus' viewpoint on gains for the Town.
Commissioner Partridge stated his support of the project.
Commissioner Tankha stated her support of the project.
Chair Abraham acknowledged the difficulty of developing in this neighborhood,
and stated his support of the project.
MOTION MADE AND CARRIED: Moved by Commissioner Couperus, seconded
by Commissioner Tankha and passed unanimously to approve a request for a Site
Development Permit for a 1,139 square foot two story addition (maximum height
25'). a setback variance for the proposed addition and surface parking spaces to
encroach up to 20' within the side yard setback, and a variance to allow a parking
configuration that creates an obstructed vehicular access for one (1) parking space,
and the addedd amendment of the reduced Open Space Easement. In addition, the
applicant is requesting a Grading Policy exception of up to 6'6" of fill for the
addition where 3' is allowed.
3.3 LANDS OF MARCH SIXTH LLC; 14271 Miranda Road; File #227-13-ZP-
GD; A request for a Site Development Permit for a 4,930 square foot.tlyAtSry
new residence with a 2,635 square foot basement (maximum Ft 27), an
attached secondary dwelling unit, and a 1.310 square foot bunk, y EQA review:
Categorical Exemption per Section 15303 (a) (staff-Nicol, itz).
Assistant Planner Nicole Horvitz presented tr--;St report.
Commissioner Partridge asked st.y , '�`c arify details on the bunker.
Commissioner Tankh.r & irmed with staff that access to the house during
construction would:*FA om Miranda Road.
Chair Ab 1''' m opened the PUBLIC HEARING.
»i tett Zach Burns spoke on behalf of the project.
4
Planning Commission Regular Meeting Minutes
December 5,2013
ATTACHMENT 8
Dear Planning Commission/Department, JUN 1 3 2016
TOWN OF LOS MOS NUS
We are the neighbors that live at 24874 Olive Tree Ln(parcel 336-35-090)just above 24802 Olive Tree
Lane and we will be the ones most affected by the proposed garage addition at said address. We have
reviewed the site map and proposed plan for parcel number 336-35-058 as of April 12,2016. We have
no concerns with this project and the variance.
Respectfully,
1
Saina and Dave Hadden
R FC '
JUN 1 3 2016
Dear Planning Commission/Department,
.iti '.e
We are the neighbors that live at 24886 Olive Tree Ln above 24802 Olive Tree Lane and we could be
affected by the proposed garage addition at said address. We have reviewed the site map and proposed
plan for parcel number 336-35-058. We have no concerns with this project and the variance.
Respectfully,
Rachel and Udi Manber
tL NVLL)
June 2016 JUN 1 3 2016
TOWN OF LOS ALTOS HO S
Dear Planning Commission/Department,
We are the neighbors that live at 24892 Olive Tree Ln above 24802 Olive Tree Lane and we could be
affected by the proposed garage addition at said address. We have reviewed the site map and proposed
plan for parcel number 336-35-058. We have no concerns with this project and the variance.
Respectfully,
Anne Arjani
ATTACHMENT 9
Los Altos Hills Open Space Committee
Los Altos Hills Parks and Recreation Building
FINAL Minutes of Regular Meeting June 09,2016
Members and Associates Present: George Clifford, Nancy Couperus,Sarah Fogarty,Kit Gordon,Alice
Sakamoto,Jean Struthers, Wendic Ward, Sue Welch (Members)
Members and Associates Absent: Sarah Fogarty, Sharen Schoendorf(Member);Richard Contreras,Heather
Knight, Karen Lemes(Associates)
Council Liaison Present: Gary Waldeck
Member of Public Present: Kjell Karlsson(Traffic Safety Committee,Finance and Investment Committee)
Yoriko Kashimoto (Board Member,MROSD)
1. Call to Order and Approval of Minutes
A. Roll Call. GC called the meeting to order at 9:03 am.
B. Acceptance of Meeting Minutes. NC moved to accept minutes of the April 14,2016 meeting with minor
amendments. AS seconded and vote was unanimously in favor(GC,NC, SF,KG,AS,JS, WW, SW).
2. New Business
A. Conservation and Open Space Easement restrictions. OSC discussed regulations and restrictions for CE
and OSE. A resident has complained to the OSC that the owners of an adjacent parcel have constructed
planter boxes within a dedicated open space easement. Structures are generally prohibited in these
easements unless specifically allowed in the agreement with the Town. It was suggested that OSC
research the conditions specified in the easement agreement for this parcel.
B. Benches in Town Open Space.At the last OSC meeting, Council Member Gary Waldeck suggested the
Town place cut tree stumps along pathways to provide resting places for pathway users. It was
suggested that OSC make a formal proposal to Council to try a pilot project placing stumps of a few
pathways. Several stumps have already been placed in Byrne Preserve. NC moved that the OSC
present a proposal to Council to start a pilot study to place tree-round seats along several off-road
paths in Town open space. OSC will contact Pathways Committee for feedback on this proposal.
AS seconded and the vote was unanimously in favor(GC, NC, SF, KG,AS,JS,WW,SW).
3. Continuing Business
A. Matadero Creek Restoration. Nothing to report.
B. Byrne Preserve.
i) Acterra Stewardship Contract Renewal. Council approved two months of bridge funding to Support
Acterra in May and June at the April 6, 2016 Council meeting. The FY 2016-17 budget approved at
the May 31, 2016 joint Council/FIC Committee meeting included Acterra a 3-year contract for a
CIP project to provide matching funds for the SCVWD grant($127K over 3-years); and a 1-year
contract from maintenance funds for other vegetation management($15.8K). Council will vote on
the budget at the Council meeting on June 16, 2016,and RC will request approval of the contract
with Aeterra for 2016-17 at that meeting. Grant work will start in July.
ii) Creek erosion and SCVWD grants. Nothing to report.
ii) Bike Ban in Byrne.No complaints from the public have been received about the ban or the signs.
Equestrians have reported feeling safer on trails. Bike routes still appear on the Strava website.
iv) Brush Clearing with Goats. OSC discussed this annual project managed and paid for•by LAHCFD.
GC will contact Stu Farwell at LAHCFD for get infonnation about the project location.
C. SOD BLITZ. SW reported that 20 people participated in the 8th annual SOD BLITZ on May 14,2016.
Samples were taken to Berkeley for testing; results will be presented at a follow-up meeting in the fall.
D. Creek Signage.No updates.
E. Town Newsletter Articles.
i) Lawns to Meadows. KG volunteered to author an article on creating wildflower meadows. She is
working with Raj Reddy, who transformed a hillside on his property to a spectacular display of
native wildflowers. KG reported that in October grass expert John Greenlee will present a seminar
on how to create meadows. Sponsors include GreenTown Los Altos and PHWD. Next year OSC
will request funding from the OSC budget to help support the$1K speaker's fee.
ii) Palo Alto Animal Services. AS reported that editor Alex Atkins has approved the article she
volunteered to author on Palo Alto Animal Services.
OSC Final Minutes16-0609.docx 1
iii) Dr. Albert Barnitz Byrne. SF volunteered to write a history of this interesting man who generously
donated his land for a public open space preserve.NC reported that the LAH History Committee
also has interest in documenting the life of Dr. Byrne.
iv) MROSD. Yoriko Kashimoto, MROSD Board Member, volunteered to write and article on recent
MROSD activities. KG offered to write a letter of introduction to editor Atkins for her.
F. Wildlife Seminar on Snakes. JS contacted Ken McCloud, a potential speaker for this wildlife seminar.
She and NC will meet with him to discuss a program outline (e.g., benefits of snakes, identification,
hazards to snakes around our homes) and set a tentative date for early next spring.
6. Planning
A. Fence Permits. No notices were received.
B. Site Plan Reviews.
i) 10842 Loyola Drive. GC NC and KG volunteered to make a site visit and draft a recommendation.
ii) 10800 Magdalena. This development was informally reviewed last month when OSC made
recommendations for the adjacent parcel. GC will speak to the planner(Steve Padovan)again about
placing an open space easement on part of the parcel.
iii) 24802 Olive Tree Lane. SW made a site visit and prepared a draft recommendation(Attachment A).
After committee discussion, SW moved that the OSC recommend the Town require the
developers of 24802 Olive Tree Lane to dedicate an open space easement on the steep back
slope of the parcel extending from the southern border of the parcel up to at least the 800-foot
elevation contour to keep this area in its natural state.NC seconded and the vote was
unanimously in favor(GC,NC,SF, KG,AS,JS, WW, SW).
iv) 241.83 Dawnridge. OSC reviewed this development at the meeting of 02/11/16 and recommended 1)
a riparian setback 25 feet from top of bank of Hale Creek; 2)an open space easement 25 feet from
top of bank; 3) removal of driveway and retaining wall near the creek; 4)removal of invasive
pampas grass along the creek and revegetation with native plants in consultation with SCVWD for
guidance; 5) inform developers that pool water must not be drained into the creek. SW seconded
and the vote was unanimously in favor(GC, SF,AS, SS,JS, WW, SW). Conditions of development
de did not include the required staking of the creek setback. OSC will discuss with planning dept.
v) 25769 Elena Road. OSC reviewed this development at the meeting of 09/10/15 and recommended
that the Town require the developers of 25769 Elena Road to move the existing fence out of the
conservation easement and show this easement on development plans. After committee discussion,
NC moved that the OSC recommend the Town require riparian and open space easements on
this parcel 25 feet from top of bank of Purissima Creek. SW seconded and the vote was
unanimously in favor(GC,NC, SF, KG,AS,JS, WW,SW).
5. Communications from the Floor.
A. Council Vote on Budget. KK reminded OSC members that the City Council will vote on the FY 20.16-
2017
Q16-
2017 budget at the Council meeting on June 16, 2016.
B. Update from MROSD. Yoriko Kishimoto,MROSD Board Member representing Ward 2 (which
includes Los Altos Hills),provided an update on new projects on MROSD lands supported by Measure
A bond funds. These include upgrades at Mt. Umunhum (e.g., stabilizing the historic building, -
constructing a new trail); and at Bear Creek,Redwood, El Corte Madera, and La Honda Preserves..
Kishimoto also reported that ballot Measure A to support open space passed by 69% in all nine counties.
6. Open Discussion.
A. Deer Creek Stables Update. NC reported that the stables and riding facilities on Deer Creek Road will
be downsized to accommodate additional development on Stanford lands.
B. Site Visit Data Collection Form. SW distributed a revised draft for review(Attachments B and C).
7. Adjournment
The meeting was adjourned at 10:50 am.
Next Regular Meeting: Thursday, July 14,2016
9:00 AM at LAH Parks and Recreation Building
Attachment A: Draft OSC Recommendation for 24802 Olive Tree Lane
Attachment B: Open Space Committee Property Review Information
Attachment C: OSC Site Visit Check List •
Final minutes approved with amendments(red text) at the Open Space Committee meeting, of July 14. 2016.
OSC Final Minutes 16-0609.docx 2
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