HomeMy WebLinkAbout3.4 ITEM 3.4
TOWN OF LOS ALTOS HILLS October 6, 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 6,539 SQUARE FOOT RESIDENCE (MAXIMUM
HEIGHT 27')WITH A 3,430 SQUARE FOOT BASEMENT,A 776 SQUARE
FOOT DETACHED GARAGE,A 300 SQUARE FOOT POOL EQUIPMENT
AND STORAGE ROOM BELOW THE POOL DECK AND A RELOCATED
SWIMMING POOL WITH 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 N-
RECOMMENDATION: That the Planning Commission:
Approve the Site Development Permit for a new residence subject to the recommended
conditions of approval in Attachment 1.
BACKGROUND
On July 7, 2016 the Planning Commission reviewed a proposal to demolish an existing
nonconforming residence and construct a new 6,230 square foot residence with a 2,961 square
foot basement, a 749 square foot detached garage, a 299 square foot pool equipment and
storage room below the pool deck, a relocated pool and-tennis court, and the installation of
new hardscape at 27150 Julietta Lane. The proposed project was initially reviewed at a Fast
Track hearing on April 26, 2016 and then continued by the Planning Director to the May 10,
2016 Fast Track hearing. Based on concerns with potential view impacts to the adjacent
property (the Oldberg residence at 27250 Julietta Lane), the Planning Director forwarded the
project to the Planning Commission.
Additional background information and details on the original and the first revised proposal
are included in the July 7, 2016 Planning Commission staff report(Attachment 2).
At the July 7, 2016 Planning Commission hearing, staff explained the changes proposed by the
applicant 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");
o lower the elevator and stairwell rooftop structure by six (6) inches; and
• move the southerly corner of the building inward two feet, six inches (2'6").
Planning Commission
Lands of Chan
October 6,2016
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The Commission heard public comments from the owner, their architect Maurice Camargo,
Vicki and Terry Oldberg, and several adjacent neighbors. The Oldbergs reiterated their
concerns with the enlargement of the structure and the impacts to views from their property.
Of particular concern was the new master bedroom wing (southerly corner of the dwelling)
that was five feet above the existing main floor level as well as the overall increase in height
across the entire structure. Discussion ensued on the revised design proposal, the potential to
designate the Julietta Lane frontage as a side yard instead of a front yard, the retention of the
nonconforming tennis court,and the position of the residence on the property. After substantial
discussion of the issues, the Commission voted 4-0-1 (Commissioner Tankha absent) to
continue the project and allow the applicant to return with a design that largely preserves the
existing views from the Oldberg property (see approved minutes of the July 7th meeting under
Attachment 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
Project Data
Area ' Maximum Existing Original Revised Increase Remaining
Proposal Pro Sect
Development 17,295 24,550 24,222 23,056 (1,494) 0
Floor 7,370 5,453 7,282 7,282 1,829 : 88
Basement (2,961) (3,284)
Project Revisions
The revised project substantially retains the existing views from the Oldberg's rear yard. By
switching the front and side yard designations (the Julietta Lane frontage becomes the side
yard),the applicant was able to shift the building footprint towards Julietta Lane and retain the
tennis court in its present location. A summary of the proposed modifications are as follows:
• The entire structure has been shifted approximately seven (7) feet closer to Julietta
Lane, placing it within the footprint of the existing house and is mostly below the
existing structure's roofline;
• The master bedroom wing has been lowered by four (4) feet and no longer encroaches
into the view of the bay from the Oldberg's patio and residence;
•
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October 6,2016
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•
• The pyramid roof structure and roof access lobby on the southeasterly side of the home
has been shifted approximately 18 feet towards Julietta Lane and reduced in height and
size;
• The northwesterly pyramid roof structure has shifted ten (10) feet closer to Julietta
Lane and been reduced in height by 18 inches;
• The elevation at the top of the garage roof will be reduced by three (3) feet.
These changes are reflected in the story poles that were recently erected on the site. Staff met
with the owner,the architect and the Oldbergs after the story poles were erected and all parties
appeared satisfied with the new proposal.
Conclusion
The proposed residence complies with all setbacks, floor area, parking, and height standards
per Title 10 of the Municipal Code. The proposed project does exceed the site's maximum
allowable development area (MDA). However, the development area has been reduced by
1,494 square feet from the existing amount and is permitted based on the legal nonconforming
status of the existing development as documented in existing building permit plans in the
Town's records. The proposed residence utilizes a contemporary modern style architecture
with a flat roof, extensive wall articulation, rectangular building elements, and a rooftop deck
which results in a lower profile structure. In addition, the new design and structure location
largely retains the existing views from the Oldberg's property. Furthermore, it appears that
the new residence will occupy a smaller portion of the Oldberg's viewshed than the existing
pyramid roof. Based on these changes, staff supports the revised project.
PUBLIC COMMENT
No additional comment letters have been received since the July 7,2016 Planning Commission
meeting. Correspondence received just prior to the July 7th hearing but was not included in the
prior pack is available under Attachment 4.
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. July 7, 2016 Planning Commission staff report
3. Excerpt of Minutes from the July 7, 2016 Planning Commission meeting
4. Correspondence received after distribution of the July 7, 2016 staff report
5. Proposed Plans—Planning Commission only
•
ATTACHMENT 1
RECOMMENDED CONDITIONS FOR A SITE DEVELOPMENT PERMIT
FOR A NEW RESIDENCE WITH A BASEMENT, DETACHED GARAGE AND
RELOCATED SWIMMING POOL
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
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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 (Altamont Road) 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. All fencing in the right-of-way along with
the existing solid wood fence along Julietta Lane and Altamont Road shall be removed prior
to final inspection. 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.
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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.
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. The maximum
elevation at the top of the roofing materials on the southeasterly pyramid roof shall be 765 feet
and the westerly pyramid shall be 763 feet. The elevation of the garage at the highest finished
roof point shall be 761.5 feet. These heights shall be verified by the project surveyor once the
rough framing is completed and shall include adjustments to compensate for the roofing
materials(i.e.The height of the rough framing shall be sufficiently below the maximum heights
indicated to accommodate the final roofing materials).
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. All retaining walls shall be a minimum of 10 feet from the property lines. The asphalt area at
the bottom of the property near Eshner Court shall be removed prior to final inspection.
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
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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.
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).
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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,
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.
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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 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.
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
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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 '/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.
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 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
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.
ATTACHMENT 2
TOWN OF LOS ALTOS HILLS Jufy 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 ."--6.10
APPROVED: Suzanne Avila, AICP, Planning Director sp,
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:
o 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
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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:
O 2,800 cubic yards of cut
O 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.
Vy
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
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
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July 7,2016
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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
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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
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July 7,2016
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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 Departmentprior 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 Departmentprior 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 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
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July 7,2016
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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 %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.
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July 7,2016
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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
From: Vicki Oldberg <voldberg@stanford.edu>
Wednesday, April 13, 2016 9:51 PM
i 0: 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,
lated March 17th on the letterhead), asking us to contact him if we had questions. Upon receipt of
—u lis letter,
I 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 gth —
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
"-e country from May 19th — June 6.
Cheers,
Vicki Oldberg
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 a,stanford.edu>
To: "spadovan@losaltoshills.ca.gov" <spadovanO,losaltoshills.ca.gov>
Cc: "Terry Oldberg" <terry oldbergayahoo.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."
• 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
0045 `t . Fl<-GcONEN JU E .-n
.1 recorded return CO :. 13 579 PAer53Q •
{ARD 'i. HcGO (EH
CZ
El Camino Real
Altos , C'. 74022 •
Xan
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MODIFICATION OF DECLARATION IMPOSING CONDITIONS , TS-7
RESTRICTIONS, EASEMENTS AND AGREEMENTS 4
This Modification of D.3claration , made and dated on the date
hereinafter set forth, by the Architectural Committee for
Tract No. 4897 , of the :iilent Hills Development Corporation ,
pursuant to assignment of the right to modify said declaration 4 k.„'S
duly executed by Silent hills Development Corporation, pursuant
to clauses 20 and 21 of that certain Declaratidxi` recorded
August 20 , 1971, in Volume 9471, Official Records; page 431 ,
file 4076212 as follows :
WHEREAS, Declarant is the Owner of that certain tract o_f larld_ ... . .
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 tae 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 the record thereof, reference is
hereby made, a:. ,1 •
WHEREAS , the owner of t`:: 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 now subject, including zoning and building
ordinances .of.. the City of Town of Los 2`ltos 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 imposed pursuant to '•aIgeneral plan of
improvement and s1 ; 11 c:..,,:ate 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- .
tertainrnent of social guests , servant' s quarters for houP:.ng
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
- connecton with its use and improvement as : ite 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
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B 579 PAGE531
multi-family dwelling , boarding or lodging house , sanitarium,
hospital and the like .
The term "use as a private residenceTM , is intended to exclude
every form of business , commercial , :manufacturing or storage
enterprise flr activity , and/or exp'_oration 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 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 5uilding .
CLAUSE 2 . Minimum Area of Residences .
The principal residence building 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-
struceion 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 therein or
thereon of Wipes , 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 placed upon such easements
or interference 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 duelling 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
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B 579 racc5�32
such si,,n shall not be larger than eighteen inches by twenty-four
inches ; provided , however, during the sul-division and sale of
lots in thin 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-rnown ' all weeds and grass so as to not exceed a
height of 12 inches. Within 3 months after filing the notice of
completi )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 gradinc; , platting, 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 ..'e r state of assembly or disassembly ;De stored or parked on any
lc,L 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:,rted, shall be completed without delay, except
when such delay is caused by acts 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. Financial 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.
•
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B. 579 PA;E533
In the event of ceasation of construction of any buildine for
a period of 120 days where such a cessation is not excus: .1 by the -
provisions hereof, the existence of such incompleted building s1�a . 1
be deemed 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
(recurred 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 c': Trees .
No tree having a diameter of 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 residence 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 afioining yard.
CLAUS=: 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
Corrmit`.ee . 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
` B 579 Ppc(a34 •
permitted to roam free to the detriment of the property of ft,
others , and other noisy pets objectionable to other residents 1
of this tract shall not be permitted. No lot owner shall have
more than two dogs over three months old. At no time shall
roosters , chickens drakes any
a
ducks , ganders , or geese be kept or
allowed anywhere on any lot either in any. building or outsides .
Radios and other audio amplifiers, if operated out of doors , shall - ' v
be turnr.d down so as to be heard only by those using them. V
V
Motorcycles shall be prohibited.
ts
All roofed enclosures for horses or other livestock (if permitted)
must be located on the rear half of the
respective lots , and
must be at least moderately screened by vegetation , from any
street (however, the requirements of this sentence may be varied ,)
in the discretion of the Architectural Committee by reasons of :ri
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 ra
3..
11,
of flies and other insects is kept Ft an absolute minimum.
Any violation of anyprovisions of &
this Clause shall be deemed
6'
to be a nuisance and action to abate sane shall be commenced
by the Architectural Committee. All questions of reasonableness
or whether a nuisance does or does not exist in connection with
the provisions of this Clause shall be decided by the Architectural 3
Committee . The decision of the Committee shall be binding upon i
each and every lot owner in this tract_ AS
,r.
CLAUSE 11 . Parking of Non-Passenger Tyre Vehicles . R .
No boats, other watercraft , trucks, trailers or other vehicles ,
including campers , vans, recreational vehicles or trailers , t
gliders , planes , or other aircraft in whatever state of assembly
or disassembly, with the exception of private .K
passenger auto-
mobiles shill be parked for longer than one hour on the publicig
or private roads or driveways within this tract without the approval
2f the Architectural Committee, and this restriction shall also
pertain to passenger automobiles in a non-operational state
being disassembled, assembled, (i. e.
repaired, etc. ) Said restricted
vehicles as herein described may only be parked or stored within
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 1
surrounding property .
24
CLAUSE 12 . Off-Street Parking .
On each lot , within three months after the construction of the
residence thereon, there must be constructed, and thereafterti
maintained, an improved, all weather-surfaced parking area ofil
800 square feet or more, so arranged so as to provide parking
space for at least 4 automobiles . In computing the amount of .
such parking area , there shall not be included such area as is
within thears
g g- or carport, nor such area as is within the
I�
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ryKl
eA
B 579 PACE 5]5
LI
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 -feet in width, there may be included the
area outside of a width of 10 feet of driveway. Howc••er , the
raquircments of this clause may be varied in the discretion of
the Architectural Committee by reasons of topographical
consideration and other reasons .
CLAUSE 13 . Concealment of Garbage and Laundry .
All garbage and laundry 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.
i
CLAUSE 14 . Architectural Committee. j
a ) An Architectural Committee shall be fcrmed for the purpose of t
approving all plans and specifications for improvements in said i
tract and to exercise the other powers and functions conferred
upon said committee by this Declaration.
b) The committee shall be composed of Hassan Amer , Lawrence
Hamilton and Gay Krause . The committee may, by appropriate
. 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 o-2 such owners to assume
and exercise all of the powers and functions of the committee .
The ap_•ointment of all members of the committee shal:. 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 member of the Architectural Committee, however created, shall
recei‘o any compensation or make any charge for his services as
such. _n tLe event a member of said committee resigns or is 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 'anis 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.
1
CLAUSE 15 . Approval of Plans and Specifications.
t ) No building, residence , swimming pool , fence , wall , hedge ,
:storage tank , stable corral , tennis court, badminton court or any
other ,e'nanent structure shall be erected, altered , or placed on
air•- lot ur lots in this tract until building plans , specifications
B. ro ra r5,3G .
and plot plans showing the location, height and external design
have bccn submitted to and approved in writing by the Architectural
__ t-uzmittcc . The plot plan shall show the exterior boundaries of
the lots , tnc 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 the plot , 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•. I
living areas of the residence and will not approve any Ian :'. :-aping
which may unreasonably obstruct the view or impair the enjoyment
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 to 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 available 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 `.o 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
arc covered by a roof) .
c) There shall not be constructed or maintained any flat roof •
construction or residences which are founded on 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 Cc:..:U!ttee.
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 .
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B 579 PAcESJ7
CLAD E 12 . Terms of Restrictions.
These covenants , restrictions and 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 stat:tme .lt the then owners of 50%.
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 restrictions , 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
reserved by this paragraph shall be assignable as provided in
Clause 20 hereof .
CLAUSE 20 . Assignment .
The undersigned , itstsuccessors 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
2-.y 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 -hat 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 Reme3y.
The various restrictive rreasures and provisions of this Declaration
are hereby . declared to constitute mutual equitable covenant_ and
servitudes for the is otection 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 ail of the
duties , obligations , liabilities curd servitudes thereof , and also
as to all of tile rights , privileges , rrotections, 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-
Lir. v I U PLC1(J.j;)
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
so to do 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 an3 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 : (t ) ? , 1975 .
SILENT HILLS DEVELOPMENT CORPORATION ,
a corporation
BY : . .L ,j•
i RL . FRITSCHLE - President
BY
LES ESHNER - Secretor.
1
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CAMARGO
„ „ ,
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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. Pen-ell 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
Victoria and Terry Oldberg
27250 Julietta Lane
Los Altos Hills, CA 94022
•d29, 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 view1. 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 a_s 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.
voldberqstanford.edu; 650 941-0533 or 650 387-8296
Sincerely,
Terry O LdG-e i-g
0 Lo(.lyerg
ATTACHMENT 3
NOES: None 4"'h
ABSENT: Come er Tankha
ABSTAIN: _£_. None
•sem"x"�.
. "•ON CARRIED.
3.3 LANDS OF CHAN; 27150 Julietta Lane, File #317-15-ZP-SD-GD; 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 and a 749
square foot detached garage, a 2,961 square foot basement, a relocated swimming
pool and tennis court, and related hardscape improvements. CEQA review:
Categorical Exemption per Section 15303(a) (Staff- S. Padovan).
Ex Parte Disclosures: Each Commissioner said that they had spoken with the
applicants, their architect, and Victoria and Terry Olberg. Commissioner
Abraham added that he had spoken with Bob Bailey.
Consultant Planner Steve Padovan presented the staff report.
Commission asked questions of staff.
Commissioner Mandle inquired as to the property's legal nonconforming status
and whether or not variances had been approved. Mr. Padovan stated that he had
not found any variances, but there was documentation that the developments had
been approved.
Applicant Chi-Foon Chan greeted the Commission and introduced his project.
Architect Maurice Camargo, Camargo and Associates, spoke on behalf of the
design.
Commission asked questions of the architect and received his responses.
Chair Couperus opened the PUBLIC HEARING.
Victoria Oldberg, Los Altos Hills, adjacent neighbor, stated her opposition to the
project.
Terry Oldberg, Los Altos Hills, adjacent neighbor, discussed what he believed to
be inconsistencies with the information presented by the applicant's architect.
Dick Harapat,Los Altos Hills, discussed the importance of view protection.
4
Regular Planning Commission Meeting Minutes
July 7,2016
Approved August 23.2016
Tom Smith, Los Altos Hills, said he felt a middle ground could be met and a new
home could be built while still retaining the neighbor's views.
Gary Cleary,Los Altos Hills, spoke to the history of the area.
Mr. Chan gave a closing statement.
Chair Couperus closed the PUBLIC HEARING.
Commission discussion ensued. There was a general consensus that the project
would need to be re-designed in order to help preserve the neighbor's views.
MOTION MADE AND SECONDED: Commissioner Mandle moved to continue
the project to a date uncertain in order to allow the applicant an opportunity to
redesign the project to largely preserve the neighbor's existing view as seen from
their backyard patio.The motion was seconded by Commissioner Abraham.
AYES: Commissioner Abraham, Commissioner Mandle,
Commissioner Partridge. Chair Couperus
NOES: None
ABSENT: Commissioner Tankha
ABSTAIN: None
MOTION CARRIED 4-0-1.
Chair Couperus called for a recess at 9:37 PM.
The meeting reconvened at 9:42 PM.
-144
3.4 INTRODUCTION OF AN AMENDMENT TO SECTIONS 10- 0 AND 10-
1.1007 OF THE LOS ALTOS HILLS MUNICIPAL C,@ Q' MODIFYING
DEVELOPMENT REGULATIONS FOR SUBSTAND.a•0;% LOTS; FILE #342-
15-MISC; CEQA Review: Categorical Exemption '• ;;ection 15061(B)(3) (Staff-
S. Avila).
Planning Director Suzanne Avila ø,• "nted the staff report.
Commission discussion e „AM.
.
x•K
Chair Couperu e%=ned the PUBLIC HEARING.
•
Seeing nro.. 'e wishing to speak, Chair Couperus closed the PUBLIC HEARING.
'gr.: ION MADE AND SECONDED: Commissioner Partridge moved to
orward a recommendation to the City Council to approve Zoning Ordinance
•
AY
5 I\
Regular Planning Commission Meeting Minutes
July 7,2016
ATTACHMENT 4
Steve Padovan
gym: Peter Thurston <peterethurston@gmail.com>
'nt: Sunday,July 03, 2016 9:35 PM
To: Steve Padovan
Cc: Vicki Oldberg;Terry Oldberg; Carol Thurston
Subject: Residence at 27150 Julietta Lane, Los Altos Hills
Attachments: Planning Commission letter.docx
As residences of Los Altos Hills for 47 years and friends of the Oldbergs for 40 years, we
support the Oldbergs concerns contained in the attached letter about the proposed
development next door at 27150 Julietta Lane.
While we respect the rights of the Chans to build a new and much larger residence on their
property, we also highly value the rights the Oldberg's and all residences of Los Altos Hills to
preserve the views which they have enjoyed for many decades.
We respectfully request that the Town work with the Chans and Oldbergs to develop changes
to the proposed development plans to mitigate the loss of views by reducing the height of the
new structure.
( � ,ncerely, Peter and Carol Thurston
Peter Thurston
27857 Moody Road
Los Altos Hills, CA 94022
(650)941-3633(h)
(650)776-5713 (in)
1
.?Mark and.3(athr jn Barchas
27142 L'Cena Road
Los Altos 3-R[Cs, Cal fornia 94022
July 4, 2016
Los Altos Hills Planning Commission
26379 Fremont Road •
Los Altos Hills, CA 94022
Dear Planning Commission:
Since we will be out of town during the July 7 hearing, we are writing
in support of the Oldberg's request to disapprove the new home
plan proposed for the Chan's property at 271 50 Julietta Lane. We
have been to the Oldberg house many times and have always
admired their view and seen the pride they take in having such a
view. Even if there were no CC&R limitations, it would be reasonable
to alter the Chan's plans to protect the Oldberg's view. With the
CC&R's, which certainly were a known constraint to the Chans, it
should be a "no brainer" to require the applicant to make the
changes requested by the Oldbergs. We have always thought of the
Planning Commission of our town as responsive to reasonable
requests from affected neighbors on new development projects.
Let us hope that applies in this case and that a workable
compromise can be achieved.
Sincerely,
Mark and Kathryn Barchas
Jay A. Shideler, Ph. D.
27994 Via Ventana Way,
Los Altos Hills, CA 94022
July 5, 2016
To: The Town of Los Altos Hills Planning Commission:
RE: Lands of Chan: 27150 Julietta Lane, File#317-ZP-SD-GD
My name is Jay A. Shideler, who lives at 27994 Via Ventana Way, Los Altos Hills, CA. I was the general
contractor of our home and have had extensive interaction with the Planning Commission during the late
90's in building our home. Because of this, the Oldbergs asked me to come over to their home, view the
situation of their neighbor, the Chans, and offer an opinion of the obstruction of their view. After spending
some time studying their view and reading several documents relating to the obstruction of the Oldberg's
view, I have some concerns. These are my concerns and do not necessarily reflect that of the Oldberg's.
They are as follows:
1. The most disturbing aspect of the proposed new residence of the Chans is the fact that they are
allowed to utilize the excess development square footage that exceeds the maximum allowable
limit(grandfathered in by earlier approval by the Town of Los Altos Hills). But, in doing so, the
Chans are being allowed to obstruct the Oldberg's view with this excessive square footage. In
my opinion, the Chans should not be allowed to obstruct ANY view of the Oldbergs with this extra
footage.
2. Certainly more than 10% of the Oldberg's view is obstructed, especially as viewed from their
livingroom. Also, concerning is the blockage of a significant portion of their view due directly
north. The Land of Chans has planted tall bushes that are currently substantially blocking their
view. The existing story poles are almost obscured by these bushes. These bushes are in
violation of the ordinance for existing views and certainly, the story poles indicating the roof ridge
line would block their views once these bushes are trimmed back.
3. It is not made clear by the story poles where the 42" roof glass railings would extend. This is
important because glass has a significant index of refraction, different than that of air, which
would render this glass railing very noticeable. Moreover, since the sun traces out a trajectory
extending on the south side of Oldberg's house, there could be times when the sun could reflect
off this glass, shinning directly into the window's of the Oldberg,s rooms, either at sunrise or
sunset. I want to encourage the Planning Commission to be certain that it is the very top of the
story poles that represents the very top of these glass railings, not simply the roof line. Moreover,
it is best that the glass railing not be visible from the Oldberg's home for the reasons given above.
4. Since the solar panels will be facing south at a slant toward the Oldbergs, it is also very important
that the story poles represent the very top of these panels as they are positioned on the roofs of
the Chan's home. It may be best to move some of these panels to other portions of the roofs to
prevent these panels from being obtrusive.
Thank you for listening to my opinions on this matter.
Regards,
Jay A. Shideler
cc. Terry and Vicki Oldberg
Steve Padovan
From: Jaime McAvoy
Sent: Tuesday,July 05, 2016 10:16 AM
To: Suzanne Avila; Steve Padovan
Subject: FW:Agenda item 3.3 of the next meeting of the PC on July 7th (LANDS OF CHAN;
27150 Julietta Lane)
From: Vicki Oldberg [mailto:voldberg@stanford.edu]
Sent: Tuesday, July 05, 2016 10:18 AM
To: Jaime McAvoy
Cc:jitze.Couperus@gmail.com
Subject: Agenda item 3.3 of the next meeting of the PC on July 7th (LANDS OF CHAN; 27150 Julietta Lane)
Jaime,
Please distribute this email to members of the Planning Commission.
Thanks,
Vicki Oldberg
*****************
Dear Planning Commission Members,
Re: Agenda item 3.3 of the next meeting of the PC on July 7th (LANDS OF CHAN; 27150 Julietta
Lane)
We hope you will visit our property in preparation for the agenda item on the Chans' proposed
construction at 27150 Julietta Lane. We enclosed photos with our letter, yet they don't show the full
story.
We're disappointed that neither the Chans nor their architect came up to our property to view how a
new residence could obstruct our view before the story poles were erected; the height and breadth of
the proposed new home will obstruct a significant part of our view and will be an eyesore from our
property. After the last Fast Track meeting we reached out to the Chans to meet and see if we could
come to a compromise before the Planning Commission meeting. We met with Chi-Foon. After a few
days I emailed him .to ask if he thought any modifications would be made before the Planning
Commission meeting, and he responded that they had been traveling and there was no time to make
changes. In contrast, the email referenced below indicates that the Chans worked,successfully with
the Yangs about their view:
"We live directly across the street and the owners and architect have been very considerate to
design the height and breadth of the new home and the landscaping that we may continue to
enjoy our views."
http://losaltoshills.granicus.com/MetaViewer.php?view id=3&event id=44&meta id=28814
Tonight we had friends over to watch the fireworks, and if the construction goes as planned, we will
no longer see 5 different displays across the Bay. There may be more that we missed because the
shrubs on our adjacent property have not been pruned to the level we have agree upon. We also
need to prune our Oak Tree for our view, and a couple of weeks ago I sent Chi-Foon an email to
schedule his tree person to prune the shrubs on the Chans' property and also prune our Oak tree.
tting on our patio this evening, I once again observed that our view is much more attractive as the
Bay widens to the north —the south Bay view is much less interesting. We will miss a large portion of
the north Bay with the proposed plans.
Either Terry or I will be home beginning Tuesday morning until Thursday evening. We don't need
advance notification and you can come day or night. You can contact us at 650-941-0533 or
voldbergRstanford.edu.
Sincerely,
Vicki Oldberg
2
CAMARGO
t t
•
& ASS(IE1ATES
ARCHITECTS
Thursday, July 07,2016
Planning Commission Members
City of Los Altos Hills
do Planning Department
Attn. Steve Padovan and Suzanne Avila
Re: Chi-Foon and Rebecca-Sen Chan Residence
27150 Julietta Lane
File#317-15-ZP-S D-GD
Dear Planning Commissioners ,
I would like to provide you with our perspective on our design process which will be before you at the
Public Hearing scheduled on Thursday, July, 7'h, 2016.
The Chan's design objectives in choosing to remodel or build new were to retain the existing tennis court
and swimming pool they had always used and enjoyed, as well as maintain their current views we -
retained from the existing floor heights.
Our design process went as follows:
The original designs we submitted for staff featured a complete remodel adhering as much as possible to
the current city ordinances. The existing house footprint does not meet front and rear yard setbacks and
neither does the existing tennis court footprint. It is built into the side and rear yard setbacks.
It was the Chan's desire to keep their home a one story structure as much as possible. Do to the
topography and shape of the property and boundaries of the current setbacks, our only option to
accommodate the bedroom wing with one additional bedroom was a two story split level wing.
Due to the construction requirements and cost for the remodel, which included a basement,we were
recommended by staff and opted to re-submit our project as a new construction project and stay within
the current ordinance regulations. We stayed within the allowable FAR and within current MDA
requirements.
Our application qualified for a Fast Track approval process as follows:
1. Our design solution is all within the 40' front yard setback and 30' rear yard setback. We
accomplished this by still keeping the main part of the house one story and doing a split level
bedroom wing where the bedrooms are currently to the rear of the property.
3953 Yolo Drive • San Jose,California 95136 • Office(408)266-3442 • Facsimile(408)266-7560
2. We re-aligned the tennis court and reduced its width to 58' feet to have it fit within the allowable
side and rear yard setbacks.
3. We re-designed the roof line by lowering the roof pitches from 6/12 to 2.5/12 low profile hip
roofs and flat roofs.
4. We are an average of 3' lower than maximum allowable height of 27' on our roof.
5. We further reduced one of our pitched roof areas to allow for the basement daylight opening exit
which requires our roof height to not exceed maximum height of 27' as well .
The above design process took six months working with planning staff and considered as much as
possible the views of all the neighbors uphill from our site. Design process after our initial Fast Track
meeting proceeded as follows:
o Prior to the meeting study poles were in place and we held an neighborhood meeting to present
our project on site.
o One neighbor's concern has brought us to a second Fast Track meeting and this week's planning
commission meeting. Before our meeting on Thursday,we would ask that you please consider
the following:
1. Sometime after the Chans moved in to their home and at the neighbor's request,the Chans
removed and trimmed many trees to help the neighbor's views. (Please see attached picture).
2. After the initial Fast Track meeting, we further reduced our design by lowering the garage
structure by 3' the entry sloped roof by 1'-4" at the entry way, 6" off flat roof at the stair
access and re-designed the floor plan to reduce the rear setback of the building by 2'- 6".
Option 2 on your set of plans for review.
3. The neighbor's property enjoys vast views of the valley aside from those over our allowable
building envelope.
Our downhill site will naturally have have some affect on the views of the upper properties. We have
minimized the impact as best as possible short of affecting the Chan's property's attributes. When
improvements to the properties above us are done, they will have much more design flexibility for
accommodating the views over our roof top.
Further restrictions to the Chan's property by the City would seem to be a"Variance"from ordinance
regulations which other properties on the same zoning have been permitted to enjoy.
Given the topography and shape of the Chan's property we have designed a beautiful and appropriate
home. As an architect who has designed homes in the Los Altos Hills community since the 1980's, I
believe not only meets all the current city ordinances,but will be built of "green and sustainable"
materials that will endure for generations to come.
,Sincerely,
Maurice Camargo, AIA, Architect
3953 Yolo Drive San Jose,California 95136 • Office(408)266-3442 • Facsimile(408)266-7560