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HomeMy WebLinkAbout3.3 ITEM #3.3 TOWN OF LOS ALTOS HILLS November 3, 2016 Staff Report to the Planning Commission SUBJECT: A REQUEST FOR A SITE DEVELOPMENT PERMIT TO CONSTRUCT A 756 SQUARE FOOT POOL CABANA (MAXIMUM HEIGHT 14') ADJACENT TO AN EXISTING POOL AND BARBEQUE AREA WITH RELATED HARDSCAPE IMPROVEMENTS; LANDS OF DJNH, LLC; 26400 ESHNER COURT; FILE#226-16-ZP-SD. FROM: Steve Padovan, Consultant Planner <:,i6) APPROVED: Suzanne Avila, AICP, Planning Director RECOMMENDATION: That the Planning Commission: Conduct a hearing on the proposed project, consider all evidence and testimony, and take one of the following actions: 1. Approve the Site Development Permit with the recommended conditions of approval in Attachment 1; or 2. Continue the project to a specific hearing date to allow the applicant an opportunity to modify the design,with direction to the applicant and staff on desired plan changes. BACKGROUND The subject property is located at the southeast corner of Eshner Court and Altamont Road and was recently developed with a residence, second unit, detached garage and a gate house (total floor area of 11,780 square feet), a swimming pool, bocce ball court, a barbeque area and associated hardscape. The parcel is 4.56 acres, with approximately two (2) acres at the southerly end encumbered with a conservation easement. The easement was originally recorded in 1974 through Parcel Map 625 (then granted to the Town of Los Altos Hills in October 1998 through Parcel Map 711) and prohibits all structures within the easement (see Attachment 2). In addition, a Limited View Easement, granted to the property at 26301 Silent Hills Lane,was recorded over the same area in November 2000. The Limited View Easement restricts the heights of trees that are planted in the conservation easement area and allows for the pruning, trimming, or topping of trees to a height of not less than an elevation of 710 feet (see Attachment 3). The application for the development of the new residence was submitted by the property owner on May 25, 2012. This project originally included a pool house/cabana located adjacent to the guest cottage on the Cleary property at 26410 Silent Hills Lane. Gary and Nobuko Cleary objected to the location because the structure encroached onto views from the windows of their cottage. Due to this objection, the Planning Director decided that the residence should be forwarded to the Planning Commission for its review. Following that decision, the owner Planning Commission Lands of DJNH LLC November 3,2016 Page 2 decided to remove the cabana from the plans so the residence and other structures could move forward utilizing the Fast Track process instead of a Planning Commission hearing. This appeared to provide a satisfactory resolution to the issue, and the Planning Director allowed the project to proceed to a Fast Track hearing. At the December 18, 2012 Fast Track hearing, the Clearys requested that the fence remain along the conservation easement boundary and that any future pool cabana proposal not be located adjacent to their property. Staff informed them that the property owner could potentially submit a request in the future for a pool cabana and that it would be considered at a noticed public hearing. In addition, staff stated that there is no requirement for a fence to mark the boundary of the conservation easement. Several other neighbors also spoke and requested that the existing chain link fence along Altamont Road be retained. The project was approved and the Fast Track Hearing Report is included as Attachment 4. The final conditions of approval allow for but do not require an open-style fence along the conservation easement boundary (Condition #11) and no restriction was included to prohibit the owner from submitting plans for a future pool house/cabana(see final conditions of approval, Attachment 5). Building permits were issued for the residence and accessory buildings in April 2013 and for the pool in April 2014. During the construction process, the project's structural consultant submitted a plan for a structural patio slab that was approved by the Building Department as a revision to the building permit plan set. This patio slab was proposed in the same location as the previously proposed pool cabana and installed concurrently with the residence and pool deck. The residence, pool and guest house were all completed and final occupancy was granted on September 25, 2015. PROPOSED PROJECT The new pool cabana structure was submitted on July 6,2016. The proposal is for a 756 square foot cabana, lounge area and pizza oven located adjacent to the existing pool and barbeque area. The cabana includes a sauna, steam room,meditation room and massage area along with a full bath and an outdoor shower. The structure is proposed to be located on the previously constructed structural patio slab that was installed in 2015. Based on the previous concerns by the neighbor and the history of the project,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. DISCUSSION Site Data Gross Lot Area: 4.56 acres Net Lot Area: 4.56 acres Average Slope: 10.5% Lot Unit Factor: 4.528 Planning Commission Lands of DJNH LLC November 3,2016 Page 3 Area Maximum Existing Proposed Increase Remaining Development 48,307 34,800 35,970 1,170 12,337 Floor 19,472 11,514 12,260 756 7,212 Basement (2,958) Architecture and Site Design The proposed pool cabana meets all minimum setback and height requirements, is located outside of the existing conservation easement, and the added floor and development area are well within the maximums permitted. It utilizes a contemporary modern style architecture with a flat roof and low parapet wall, extensive wall articulation, and does not exceed 15 feet in height from the existing grade. Exterior building materials will consist of cement plaster walls, copper downspouts, wood shutters in the outdoor lounge area and applied foam trim on the parapet. The building is located on an existing concrete slab that was specifically poured in anticipation of the proposed cabana, and no existing vegetation will be removed to accommodate the project. The design proposes to locate the condenser unit at the back of the structure which could result in significant noise impacts to the adjacent neighbor. Therefore, staff is recommending that the condenser unit be moved to the side of the sauna and placed in a sound attenuated enclosure (Condition#12). Outdoor Lighting Outdoor lighting is shown on Sheet EL2.1 of the architectural plan set (Attachment#10) and consists of recessed lighting throughout the ceiling of the cabana, including in the outdoor lounge area. There are no exterior wall mounted light fixtures shown on the elevations of the pool cabana. Staff has included Condition#8 related to outdoor lighting, which requires that all fixtures be down lights and shielded. In addition, no exterior light fixtures are permitted in the side yard setback nor on the rear/south elevation of the building. Visual Impacts to Cleary Property at 26410 Silent Hills Lane The location of the pool cabana as shown in the original project was the primary focus of the Cleary's objections in 2012 and the applicant has submitted a new pool cabana project in essentially the same location. In response,the Cleary's attorney has provided a letter outlining their concerns. They are asking that the cabana be denied or relocated to the other side of the pool (see Attachment 6). In addition, the Clearys are asking that several walnut trees be removed, a fence be placed at the boundary of the conservation easement, and that concrete pathways in the conservation area be removed. Paved pathways are not permitted in conservation areas and in response to that issue, staff has included Condition#13 which limits pathways in the conservation area to a maximum width of four (4) feet and that they be constructed with natural materials. In response to the Clearys letter, the owner has submitted a letter supporting their position (see Attachment 7). Planning Commission Lands of DJNH LLC November 3,2016 Page 4 The construction of a pool house/cabana is a permitted accessory use and the size and scale of the structure is not unreasonable. The building is under 800 square feet, is single story, generally does not exceed 15 feet in height, and is in a logical location with regard to the existing pool and other existing outdoor amenities. In addition, the subject property is encumbered with a conservation easement that covers 40% of the lot and allows no structures. However, the building does impact existing views from the windows of the cottage on the Cleary's property and there are design features which could be modified to reduce the overall height of the structure by several feet. This may be enough to substantially reduce the structure's visual impact once landscape screening is installed. Furthermore, there do not appear to be significant physical site restrictions which would prevent the cabana structure from being located on the opposite side of the pool. Section 10-2.701 of the Site Development Ordinance states that the purpose of the site development code 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 and Sunlight Obstruction Ordinance (adopted in 2003) only addresses unreasonable visual obstructions resulting from the growth of trees. In addition, structure location requirements in the Site Development Ordinance are focused on the preservation of ridgelines and hilltops along with minimizing grading and tree impacts. The Town does have a "Fast Track Guide for New Residences" and Goal II, Section B states that structures should be located where they minimize adverse visual impacts when viewed from off the site. It also states 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. 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 its decision,the Planning 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. PUBLIC COMMENT In addition to the letter provided by the Cleary's Attorney and the response from the applicant, staff has received two (2) letters in support of the Clearys and three (3) letters in support of the applicant (see Attachment 8). Planning Commission Lands of DJNH LLC November 3,2016 Page 5 ENVIRONMENTAL CLEARANCE (CEQA) The proposed single family residence is categorically exempt from the provisions of the California Environmental Quality Act per Section 15303(e)—construction of a new accessory structure to a single family residence in a residential zone. ATTACHMENTS 1. Recommended conditions of approval 2. Owner's Statement from Parcel Maps 625 and 711 and a Portion of Parcel Map 711 3. Limited View Easement 4. Fast Track/Site Development Hearing Report dated December 18, 2012 5. Conditions of Approval for Original Project File #122-12-ZP-SD-GD 6. Letter from Cleary's Attorney dated October 25, 2016 7. Letter from Applicant dated October 26, 2016 8. Public Comment Letters 9. Photographs of the Story Poles 10. Proposed Plans—Planning Commission only Attachment 1 RECOMMENDED CONDITIONS FOR A SITE DEVELOPMENT PERMIT FOR A POOL CABANA AT AN EXISTING RESIDENCE LANDS OF DJNH, LLC: 26400 ESHNER COURT FILE#226-16-ZP-SD PLANNING DEPARTMENT: 1. No other modifications to the approved plans are allowed except as otherwise first reviewed and approved by the Planning Director or the Planning Commission, depending on the scope of the changes. 2. After completion of rough framing or at least six (6) months prior to scheduling a final inspection,the applicant 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 pool cabana from surrounding properties and streets, including the installation of tall evergreen shrubs along the back wall of the cabana facing the Cleary property that do not exceed the height of the structure at maturity. 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 cabana. The landscape screening plan shall comply with Section 10-2.809 (water efficient landscaping) of the Los Altos Hills Municipal Code. 3. 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. 4. 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 pool cabana, including roof eaves, is a minimum of 30 feet from the side property line and does not encroach into the conservation easement." The elevation of the new structure shall be similarly certified in writing to state that "the elevation of the pool cabana 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. 5. The maximum height of the main structure, at any point, from the top of the concrete slab to the top of the roof shall not exceed 13 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 pool cabana building, excluding the flue and chimney, complies with the 13'-0"structure height limit, measured as the vertical distance at any point from the top of the concrete slab 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) are no higher than 15 feet above the concrete slab." The applicant shall submit the stamped and signed letter(s) to the Planning Department prior to requesting a final inspection. Lands of DJNH LLC 26400 Eshner Court November 3,2016 Page 2 of 4 6. Exterior finish colors of all buildings shall have a light reflectivity value of 50 or less and roof materials shall have a light reflectivity value of 40 or less, per manufacturer specifications. All color samples shall be submitted to the Planning Department for approval prior to acceptance of plans for building plan check. All applicable structures shall be painted in conformance with the approved color(s)prior to final inspection. 7. No perimeter fencing is approved with this project. Any new perimeter fencing or fencing at the boundary of the conservation easement shall require future review and approval by the Planning Department prior to installation. Fences shall not encroach within any easements on the property. 8. Outdoor lighting for the pool cabana is approved as shown on the plans and as modified by this condition. Exterior light fixtures shall be down lights or utilize fully shielded fixtures. No lighting may be placed within the side yard setbacks. No exterior light fixtures shall be placed on the rear/south elevation of the structure. Any additional outdoor lighting shall be reviewed and approved by the Planning Department prior to installation. 9. 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. 10. Fire retardant roofing (Class A) is required for all new construction. 11. The roof eaves of all structures shall not encroach into the required side yard or the conservation easement and the roof eaves and conservation easement shall be shown on the site plans in the set of construction drawings. 12. The condenser at the rear of the cabana shall be relocated to the side of the structure and enclosed within a sound attenuated enclosure. 13. All pathways in the conservation area shall not exceed four (4) feet in width and shall be constructed of natural materials such as gravel, decomposed granite, or wood chips. Compacted base rock or similar aggregates are not permitted. 14. 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 Lands of DJNH LLC 26400 Eshner Court November 3,2016 Page 3 of 4 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. 15. 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. 16. 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. 17. The project is subject to the Town's Construction Time Limit Ordinance (Chapter 10, Title VIII of the Municipal Code). The maximum time for completion of the new cabana shall be 18 months from the date of Building Permit issuance. Failure to complete the project in the allotted time may result in substantial penalties and fees. ENGINEERING DEPARTMENT: 18. Two sets of a final Grading and Drainage plan shall be submitted for review and approval by the Engineering Department prior to acceptance of plans for building plan check. Final drainage and grading shall be inspected by the Engineering Department and any deficiencies corrected to the satisfaction of the Engineering Department prior to final inspection. A letter shall be submitted from the project engineer stating that the site grading and drainage improvements were installed as shown on the approved plans prior to final inspection. 19. Any and all changes to the approved grading and drainage plan shall be submitted as revisions from the project engineer and shall first be approved by the Town Engineering Department. No grading shall take place during the grading moratorium (October 15 to April 15) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line except to allow for the construction of the driveway access. 20. 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. 21. All areas on the site that have the native soil disturbed shall be protected for erosion control during the rainy season and shall be replanted prior to final inspection. 22. Two copies of a Grading and Construction Operation plan shall be submitted by the property owner for review and approval by the City Engineer and Planning Director prior to acceptance of plans for building plan check. The grading/construction operation plan shall address truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic safety on Eshner Court Lands of DJNH LLC 26400 Eshner Court November 3,2016 Page 4 of 4 and surrounding roadways, storage of construction materials, placement of sanitary facilities, parking for construction vehicles, clean-up area, and parking for construction personnel. A debris box (trash dumpster) shall be placed on site for collection of construction debris. Arrangements must be made with the GreenWaste Recovery,Inc. for the debris box,since they have a franchise with the Town and no other hauler is allowed within the Town limits. 23. The property owner shall inform the Town of any damage and shall repair any damage caused by the construction of the project to pathways, private driveways, and public and private roadways,prior to final inspection and release of occupancy permits and shall provide the Town with photographs of the existing conditions of the roadways and pathways prior to acceptance of plans for building plan check. CONDITION NUMBERS 6, 16, 18, 20, 22 and 23 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 10 days of the date of the approval (by 5:00 p.m. on November 14,2016). 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 November 3, 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. CONDITIONS OF APPROVAL ACCEPTANCE: I hereby accept the above conditions of approval. / / Property Owner Signature (226-16-ZP-SD) Date Attachment 2 , , . ppt-KCE, L AMP 62. s — Ig7L4 OWNER'S STATEMENT_ We here4 sfafa t,4af we are the owners of Or have some e:‘',07‘, 71/71/0 or/17feref f 14'ond {e Me real,oroeerey Mcluded w/Min. f/4e .Su6c'%v/J/04.. shown- u o�, ry1�;T map ; t'hot we Qre fonly ie ,oerrons whore consent/s nece sary toposr a/eapii0/t . 7142 Ja/d reot,oro,oeety, fhaf we hereby corueitl` * iemak/ng•and reconlin of settJubd/visioti as show. w/f /z i'he d/,rfiQ f/ve border /Me, 9 We hereby ded/cote 7o,oubl/e use tifotpOrttoes fALTAN70/1/T CAW, and. a/l of S/C ENT W/L L.S 'LANE as s%own. on,"sold mop wi t` m, , We Q/so .hereby ded/CQfc. ,' r,oub//c use easements for public on'i'/ii1es .0orrn dra/a, san17`gry Je we,; a uestriati frail/,oades tri+a eaoemen ir o,', .t/epe easement, unoic,o4, of.over ?&,3 cet1Q?/48trloJ S'/Q#ddeJ( 4Qtee01 Rai, (PuBtie t771,,/Tr EASEMENT),. . , ,3,D,E, (srORM DAAIWAGE fASEMENT),3.S,E,(SANITARY SEWIREASEMEAI T) ¢;T, S.(E4uESTRIAN TRAIL EASEMENT 515,,B, (.A.A7WwA EASEMENT S.E(3CDPE EASEMENT Jaid easdments 7`O k 7`o ap ,oen. and free frons bui/d/nyJ ons structured of any kind-eACep74/awful fmlce.s alio'utility company sfrue furrj. We a/so hereb dedl'cafe q HUMAN HAS/TAT/ONSETSAC/'LINE Anal a CONSERVATION EASEMENT• ass oNait u/oati eat- map w,Wz./ti as<'d Ju iv oa, C �t rr� fron build/nys and.ofrucfufCr 01:04.9 k/nd. Only removal 07`brush {or fire,omfeofoitd; fem. orar gra /n- oeanlma/J calf/vgt/o,', ofornamenrbC or fruit beg/n 7`rees or ves Co,s37' C7410/1 of orna niers fol •arde4 sfruc tures which ' 4VC recti/ved. a,00rovest roes, a 31 Devao mci1 oif ml tie;4n en o0C4 -dyes No�, • which w�W allow miyrgf/Qn. aff cal weida'1 f w/ //✓ the CoaserV47ci040 easement. A8 .OW MOIL IE 1'f, iJKA16Q RAYMOND 0'3 KELLY AND UNIVERSITY NATIONAL 'BANK AND TRUST • COMPANY, AS CO- TRUSTEES UNDER THE RESTATEMENT OF INTER VIVOS TRUST OF✓ULES ESHNER AND MARGARET MARK/NS ESHNER)AS AMENDED SEPTEMBER 28, 1.974 81.21.he 14, Et 8,60 r ' SLarAS T USTEE : IAIV�STORS Y/510, INC., q Cal/forn/a CAr r41'/di, ?FRCL fnArP 111 ® 199 8 OWNER'S STATEMENT I HEREBY STATE THAT I AM THE OWNER OF OR HAVE SOME RIG-'T, TITLE, OR INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITHIN TY.E. SUBDIVISION SHOWN ON THIS MAP AND I AM THE ONLY PERSON WHOSE Cr•:':ENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID PROPERTY AN' , CONSENT TO THE MAKING OF SAID MAP AND SUBDIVISION AS SHOWN WITHIN - :•. DISTINCTIVE BORDER LINE. I HEREBY DEDICATE TO PUBLIC USE ALL S" ITS AND PORTIONS OF STREETS AS SHOWN ON SAID MAP WITHIN SAID SUBD' ION. I ALSO HEREBY DEDICATE TO PUBLIC USE EASEMENTS FOR PUBLIC UTILI' 3 UNDER ON OR OVER THOSE CERTAIN STRIPS OF LAND DESIGNATED A? .U.E." (PUBLIC UTILITY EASEMENT), SUCH STRIPS OF LAND TO BE KEPT FREE ,ID CLEAR OF BUILDINGS AND STRUCTURES OF ANY KIND EXCEPTING UTILITY ( '. ?ANY STRUCTURES il‘ f( AND LAWFUL FENCES. I ALSO HEREBY DEDICATE TO THE TOWN ON LOS ALTOS HILLS ALL THOSE PORTIONS OF LAND SHOWN ON SAID MAP AS "C.E." CONSERVATION EASEMENT). I ALSO HEREBY DEF ATE TO THE TOWN OF LOS ALTOS HILLS PATHWAY EASEMENTS ON OR OVEF iOSE CERTAIN STRIPS OF LAND DESIGNATED AS "P.E." (PATHWAY EASEMI ). I ALSO HEREBY DEDICATE AN EASEMENT TO THE TOWN OF LOS ALTOS F'.:' S FOR STORM DRAINAGE PURPOSE, UNDER,.ON OR OVER THOSE CERT ' I STRIPS OF LAND DESIGNATED AS "S.D.E." (STORM DRAINAGE EASEMENT). ' ALSO HEREBY DEDICATE AN EASEMENT TO THE TOWN OF LOS ALTOS H;i.' S FOR SLOPE MAINTENANCE PURPOSES OVER THOSE CERTAIN STRIPS I LAND DESIGNATED AS "SLOPE EASEMENT". I ALSO HEREBY RELINQUISF' THE RIGHT OF VEHICULAR ACCESS TO ALTAMONT ROAD FROM ALL LOTS FROM' 4G SAID ROAD, DESIGNATED AS \ \ \ \ \ \). I ALSO HEREBY DEDICATE TO 7.... 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(539 DEEDS 357) I�ti \\ 125 3 'L\ USING\ - -I-—� 1 C—— —— 4, �• I•H \� isl4 „� - TYPE II FOUNDATION \\B GsAoN �' ' ---N. ,,,,,-----,7_28,ss \ \� PARCEL 2 '\\ ,— tis --,-..v_... ...__ �� $- \DEQ k\ �� '- 50 \\ \ --- \ \ N \ s8-7 $, 2.41 f AC. \\ ‘ ( �A- 33459'74 E ' g \ jftt .li '� Y” \\\i' --- x(625 M g'' \R=.320---- 11=15.46r\ /g \ "'_ - \ �- � \ ,0Th,.- �� � \ \ C=87.73 �%/^hi 4 ���\\� ,25 4' //// X11 �SSDE(6zsu4j _ y k /a �T Y� m �Z.n �-c\ \ E 12503 �' /1/ I u I\\� �- / i NBlq---. �/ �,� a 63 23• k7 I m I \ \ i o �� \ /N 52 �s� / I�� \\ . \ \/ / '(R)s69ro1'z5'W ,, Attachment. Recording Requested Byy: RECORDING REQUES. ED E FINANCIAL T[TLECOMPANY DOCUMENT: 15455562 Titles: l / Pages: 20 • REYNOLDS PRICE CASAS &RILEY, LLP II II III 11111111 Fees. . . . . 66.00 5150 El Camino Real, Suite C-21 Los Altos CA 94022-1527Copies, . x0015455562■ AMT PAID 66.00 When Recorded Return To: BRENDA DAV 1 S RDE # 003 SANTA CLARA COUNTY RECORDER 11/09/2000 Harry I. Price,Esq. Recorded at the request of 8:-00 AM REYNOLDS PRICE CASAS &RILEY,LLP Financial Title Company 5150 El Camino Real, Suite C-21 Los Altos, CA 94022-15274/// Line above for Recorder's use only LIMITED VIEW EASEMENT For valuable consideration,the receipt of which is hereby acknowledged, Thomas H. A. LeFevre,as Trustee of THE THOMAS H.A.LeFEVRE REVOCABLE TRUST dated April 9,1997, (hereinafter referred to as"Grantor"), as owner of that certain real property commonly known as 26301 Silent Hills Lane,Los Altos Hills,Santa Clara County,California,(hereinafter referred to as the"Servient Tenement")and Charles F.Perrell,as Trustee of the CHARLES F.PERRELL TRUST dated September 2, 1988, (hereinafter referred to as "Grantee"), as owner of that certain real property commonly known as 26300 Silent Hills Lane, Los Altos Hills, Santa Clara County, California, (hereinafter referred to as the"Dominant Tenement"), agree as hereinafter described: 1 LEGAL DESCRIPTIONS: The legal description for the Dominant Tenement is attached as Exhibit A, and incorporated by this reference as though fully set forth herein. The legal description for the entire Servient Tenement is attached as Exhibit B and incorporated by this reference as though fully set forth herein, a portion of which is defined hereafter as subject to a limited view easement. 2 CHARACTER OF AGREEMENT AND EASEMENT: In return for the Dominant Tenement owner providing the expressly negotiated covenants and/or restrictions on certain rights of the Dominant Tenement owner regarding the use of the limited view easement located on the Servient Tenement as created herein,the Servient Tenement owner agrees to and does hereby grant to the Dominant Tenement owner the right to limit trees over a certain height to enable a limited view easement on terms set forth hereafter over the northern half of the Servient Tenement, (hereinafter referred•to as the "Subject Easement"). The Subject Easement granted herein is appurtenant to the Dominant Tenement, and shall run with the land. This Agreement applies to, inures to the benefit of and binds all parties hereto and their respective heirs, personal representatives, legatees,devisees,administrators,executors, successors and assigns. Any person or party who now or hereafter owns or acquires any right,title or interest in or to any portion of the Dominant Tenement and/or the Servient Tenement shall be conclusively deemed to have consented to and agreed to the covenants and restrictions contained herein. 3 DESCRIPTION OF EASEMENT AND COVENANTS: The Subject Easement is made for the following purposes:(1)for the benefit of the Dominant Tenement for the purpose of limiting trees over a certain height,as defined herein,to enable a limited view of the San Francisco Bay Area over the northern half of the Servient Tenement from the "to be improved"residential home site portion of the Dominant Tenement on which the primary residence is to be located, (hereinafter referred to as the "View Easement"); and, (2) for the benefit of the Dominant Tenement, once annually on a date mutually agreeable between the owners of the Servient Tenement and the Dominant Tenement and within Sixty(60)days of the anniversary of the execution of this Limited View Easement Agreement, for the purpose of access to the Servient Tenement for a reasonable time, allowing for the pruning, trimming or topping of trees to a height of not less than 710 feet elevation,as referenced by the existing storm manhole rim at the intersection of Altamont Lane with the proposed Silent Hills Lane,as shownon sheet two of the Silent Hills Lane improvement plans prepared by Nowak and Associates and approved by the Town of Los Altos Hills elevation of 662.4 feet as per the Nowak&Associates survey of March 31, 1992,and related cleanup or repair of the Servient Tenement necessitated by such activity(hereinafter referred to as the"Tree Work"). For purposes of this Agreement the Servient Tenement owner shall provide reasonable accommodations to the Dominant Tenement owner and tree workers for access to the Servient Tenement to perform the Tree Work or obtain bids for such work. Such reasonable accommodations shall include but in no way be limited to the opening or unlocking of gates, disarming security systems, temporary removing of fences, moving of vehicles, and securing animals as necessary. The Dominant Tenement owner shall obtain the prior written approval and authorization of the S ervient Tenement owner regarding the time,manner and method of performance for all Tree Work or for procuring bids for such Tree Work at least fifteen (15) days prior to the proposed commencement of any such Tree Work or the proposed date of entry onto the Servient Tenement for the procuring of bids for such work,and the Servient Tenement owner shall respond within ten (10)days of actual receipt of notice of the request for such access. In the event the Dominant Tenement owner can not commence the Tree Work or obtain bids for such Tree Work within the time parameters stated above due to a lack of response from the Servient, Tenement owner within ten(10)days of actual receipt of notice of the request for such access,the Dominant Tenement owner shall automatically have access to the Servient Tenement to have the Tree Work completed or obtain bids for such Tree Work within thirty(30) days thereafter. In the event the Servient Tenement owner seeks a delay in the commencement of such Tree Work, or obtaining of bids for such Tree Work,that is not acceptable to the Dominant Tenement owner or the Servient Tenement owner objects to the time manner and method ofperformance for Tree Work, or obtaining of bids for such Tree Work, proposed by the Dominant Tenement owner, then the provisions of Section 21 and 22 of this Agreement regarding Mediation and Arbitration shall apply. All Tree Work is to be performed by a licensed and properly insured arborist in a manner as to preserve the health and fitness of any trees affected by the Tree Work although no shaping of trees is required. The Dominant Tenement owner may hire a licensed and properly insured arborist of the Dominant Tenement owner's own choosing,in which case the Dominant Tenement owner shall pay all costs associated with the Tree Work,limited to the cost of topping trees,but not shaping,and 2 cleanup and repairs to the Servient Tenement necessitated by such Tree Work. In addition, the Dominant Tenement owner agrees to and shall indemnify, defend (with counsel reasonably satisfactory to the Servient Tenement owner) and hold harmless the Servient Tenement owner,its affiliates,subsidiaries,employees,officers,agents,representatives,contractors and subcontractors ("Indemnified Parties")from and against any and all costs,expenses,losses,damages and liabilities including attorneys'fees and expenses(hereinafter"Damages")suffered by any of the Indemnified Parties to the extent resulting from,arising out of,relating to or in any way incurred with respect to, or(in the case of claims asserted against any of the Indemnified Parties by a third party)alleged to result from, arise out of or have been incurred with respect to any Tree Work. Alternatively,at the election ofthe Dominant Tenement owner,the Dominant Tenement owner may pre-pay to the Servient Tenement owner all costs associated with the Tree Work,limited to the cost of topping trees only,but not shaping,and cleanup and repairs to the Servient Tenement necessitated by such Tree Work,based upon a bid from a licensed and properly insured arborists obtained by the Servient Tenement owner, in which case the Dominant Tenement owner shall not be liable for the indemnification and hold harmless provisions listed above for the Tree Work performed and the Tree Work will be performed under the supervision or the Servient Tenement owner, Although the Servient Tenement owner shall have the obligation to procure only one such bid if requested by the Dominant Tenement owner. In addition,the Dominant Tenement owner hereby expressly agrees to actively support,and vote in favor of any Silent Hills Road easement landscaping proposed by the Servient Tenement owner under the Silent Hills Road Maintenance Agreement,for that half of Silent Hills Lane abutting the Servient Tenement property,and to support the landscaping with the Town of Los Altos Hills,said landscaping to be subject to the limited view easement as defined herein. Conversely,the Servient Tenement owner hereby expressly agrees to actively support,and vote in favor of,any Silent Hills Road easement landscaping proposed by the Dominant Tenement owner under the Silent Hills Road Maintenance Agreement,for that half of Silent Hills Lane abutting the Dominant Tenement property, and to support the landscaping with the Town of Los Altos Hills, said landscaping to be subject to the limited view easement as defined herein. 4 LOCATION: The Easement Area, the newly created easement granted herein, is to be located within the northern half of Servient Tenement. Such Easement Area is defined more particularly by the diagram depicted in Exhibit C,which will be supplemented by a legal description which the parties agree will become an addendum to such Exhibit. The parties agree that such legal description may differ slightly from such existing diagram by virtue of the more technical nature of the official legal description. The Easement Area is to be further limited to that portion of the northern half of the Servient Tenement,which must be free from trees with a height exceeding the. elevation of710 feet,as referenced by the existing storm manhole rim at the intersection of Altamont Lane with the proposed Silent Hills Lane, as shown on sheet two of the Silent Hills Lane improvement plans prepared by Nowak and Associates and approved by the Town of Los Altos Hills elevation of 662.4 feet as per the Nowak&Associates survey of March 31, 1992,to preserve the limited view of the San Francisco Bay Area over the northern half of the Servient Tenement from the"to be improved"portion of the Dominant Tenement on which the primary residence is to be located(as opposed to a view from any point within the Dominant Tenement). This agreement in 3 no way conveys any rights to a view over, orl affecorets in any other way the easement the Servient Tenement holds over the property commonly known as 26420 Eshner Court, Los Altos Hills, currently owned by the Chua Trust,as defined mparticularly on Exhibit D. 5 USE BY DOMINANT TENEMENT: The easement granted herein includes the following use of the Servient Tenement:.(1) for the benefit of the Dominant Tenement for the purpose of limiting trees over a certain height,as defined herein,to enablea limited view of the San Francisco Bay Area, ("View Easement") from the"to be improved"portion of the Dominant Tenement on which the primary residence is located over the northern half of the Servient Tenement;and,(2)for the benefit the Dominant Tenement,once annually on a date mutually agreeable between the owner of the Servient Tenement and the Dominant Tenement,as defined above,for the purpose of access to the northern half of the Servient Tenement, for a reasonable time, allowing for the pruning, trimming or topping of trees within the northern half of the Servient Tenement, ("Tree Work")to a height of not less than 710 feet elevation,as referenced by the existing storm manhole rim at the intersection of Altamont Lane with the proposed Silent Hills Lane, as shown on sheet two of the Silent Hills Lane improvement plans prepared by Nowak and Associates and approved by the Town of Los Altos Hills elevation of 662.4 feet as per the Nowak&Associates survey of March 31, 1992. 6 NO MERGER:Notwithstanding the ownership of the Dominant Tenement and Servient Tenement by the same individual,it is expressly intended that there shall be no merger of title,but rather that the Subject Easement and covenants contained in this Agreement shall remain in full force and effect. 7 NON-EXCLUSIVENESS OF EASEMENT: The easement granted herein is non-exclusive and appurtenant to the Dominant Tenement. The Dominant Tenement owner shall not have access to nor enter onto the lands of the Servient Tenement, except as authorized and for the limited purpose as set forth in this Agreement. 8 USE,MAINTENANCE AND REPAIR: All financial obligations relating to the cleanup and repairs of the Easement Area necessitated by any Tree Work performed shall be the borne solely by the owner of the Dominant Tenement. Such repairs are subject to the requirement that the Dominant Tenement owner obtain the prior written consent of Servient Tenement owner to perform such work, which rights of consent and approval Servient Tenement owner shall exercise in his reasonable discretion. The easement granted herein in no way limits the rights in favor of the Servient Tenement owner to install or construct building and landscaping improvements,although such landscaping will be subject to the height limitations as set forth in this Agreement, and to maintain and repair such, in or upon the area referred to as the Easement Area, or to maintain and repair and/or replace any fencing between the Easement Area and the Dominant Tenement,whether needed because of privacy,damage,deterioration or future repair and maintenance requirements of the Servient Tenement. 9 PROHIBITED CONDUCT:In addition to all rights and obligations contained herein,the easement granted herein is to provide valuable property rights to the Dominant Tenement. In exchange for the mutually and expressly agreed upon covenants by the parties as consideration of this Agreement the Servient Tenement owner is expressly prohibited from taking any action that 4 • MN= would result in the diminution of the intent of the parties regarding the Dominant Tenement's right to have the trees located in the Subject Easement Area limited to a maximum height, as defined herein, and the Dominant Tenement's right to perform Tree Work, as defined herein,to preserve the limited view easement of the San Francisco Bay Area from the"to be improved"portion of the Dominant Tenement on which the primary residence is to be located over the northern half of the Servient Tenement. 10 ENTIRE AGREEMENT: This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. All past oral representations and/or agreements are integrated into this agreement,and there are no other existing agreements between the parties herein. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing,signed by all parties(or their successors in interest)to this agreement. 11 ATTORNEY'S FEES: In the event of any controversy,claim,arbitration or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees, and costs incurred. 12 AMENDMENTS: Any changes to this Agreement must be in writing and signed by the parties thereto. 13 BINDING EFFECT: This instrument shall bind and inure to the benefit of the respective heirs,personal representatives,legatees,devisees,administrators,executors, successors,and assigns of the parties hereto. 14 GENERAL: Each of the covenants, conditions, and restrictions provided for in this Agreement shall be deemed to be established upon recordation of this Agreement and shall thenceforth be deemed to be covenants running with the land for the use and benefit and/or burden of both the Dominant Tenement and the Servient Tenement,the owner thereof,and their successors and assigns, and all such covenants shall be superior to all other encumbrances applied against or in favor of any portion of the Parcels. 15 LENDERS: This Agreement shall be binding upon and effective against any owner whose title is derived through foreclosure or trustee's sale or otherwise. • 16 SEVERABILany provisions or portion hereof be declared invalid or in conflict with any law,theITY:validityShould of all other provisions and portion hereo f shall remain tobe unaffected and in full force and effect. 17 NO WAIVER: Failure to enforce any covenants,conditions or restrictions contained in this Agreement in any certain instance or on any particular occasion shall not be deemed a waiver of such right on any such future breach of the same or any other covenant,condition or restriction. Should the Dominant Tenement owner choose to forego its rights to perform Tree Work in any one or more years,such action or inaction will in no way affect the Dominant Tenement owner's rights under this Agreement to perform such Tree Work in subsequent years. 5 18 NOTICE: Any notice permitted or required by this Agreement may be delivered personally or by mail. If delivery is by mail,it shall be deemed to have been delivered seventy-two(72)hours after it has been deposited in the United States mail,certified mail,return receipt requested,postage prepaid,addressed to the owner at the Property,unless the owner notifies the other owner in writing of a different address. 19 RECORDING: This Agreement shall be recorded with the County Recorder for the County of Santa Clara. 20 GOVERNING LAW: This Agreement shall be governed by and enforced in accordance with the laws of the State of California. 21. MEDIATION OF DISPUTES:Dominant Tenement Owner and Servient Tenement owner agree to and shall mediate any dispute or claim between them arising out of this agreement. The mediation shall be held prior to any court action or arbitration. The mediation shall be confidential and in accordance with California Evidence Code§1152.5. In the event the parties are not able to agree on a mediator within thirty days of the first party seeking mediation,the presiding judge of the Superior Court of the county in which the property is located shall have jurisdiction to appoint a mediator. Should the prevailing party attempt an arbitration or a court action before attempting mediate,THE PREVAILING PARTY SHALL NOT BE ENTITLED TO ATTORNEY FEES THAT MIGHT OTHERWISE BE AVAILABLE TO THEM IN A COURT ACTION OR ARBITRATION,AND IN ADDITION THERETO,THE PARTY WHO IS DETERMINED BY THE ARBITRATOR TO HAVE RESISTED MEDIATION MAY BE SANCTIONED BY THE ARBITRATOR OR JUDGE. Mediation fees,if any,shall be divided equally by the parties to the disputes. 22. ARBITRATION OF DISPUTES: Any dispute or claim in law or equity arising out of this Agreement or any resulting transaction shall be decided by neutral binding arbitration in accordance with Part 3, Title 9 of the California Code of Civil Procedure, and not by court action except as provided by California law for judicial review of arbitration proceedings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties to the arbitration shall NOT have the right to discovery in accordance with the Code of Civil Procedure §1283.05. The arbitrator shall be a retired superior court judge. Both parties shall each pay one-half of the arbitrator's fees,regardless of who is the prevailing party. In the event of a disagreement as to the selection of an arbitrator,the presiding judge of the Superior Court of the county in which the property is located shall select the arbitrator. The filing of a judicial action to enable the recording of a notice of pending action,or other provisional remedies,shall not constitute a waiver of the right to arbitrate under this provision. "NOTICE: BY INITIALING IN THE SPACE BELOW,YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE'ARBITRATION OF DISPUTES'PROVISION DECIDED BY NEUTRAL,ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY 6 INITIALING IN THE SPACE BELOW,YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE'ARBITRATION OF DISPUTES'PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION,YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THIS'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." GRANTOR(as the"Servient Tenement") GRANTEE(as the"Dominant Tenement") Thomas H.A.LeFevre,Trustee Charl1tsF.Ferrell,Trustee INITIALS: (j'h.A/. ) INITIALS: ; / ) IN WITNESS WHEREOF,the parties hereto have executed this instrument on this t day of goib,vek0,/'..- ,2000. GRANTOR(as the"Servient vien\ � -iC, Tenement") t . Wkv-�r1 4 a7 :Lk.. 4 -iL _ Thomas H. A. LeFevre, as Trustee, of THE THOMAS H. A. LeFEVRE REVOCABLE TRUST dated April 9, 1997 GTEE (as the"Dominant Tenement") _..-,-t.,,. .----4--..."-(' C barn F. Ferrell, as Trustee, of the CHARLES F. PERRELL TRUST dated September 2, 1988 7 - State of California County of Santa Clara ) ss. On/vDV•lam,1000 ,before me, P14'r cera L• a notary public, personally appeared Thomas H. A. LeFevre, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or entity upon behalf of which the person(s)acted, executed the instrument. PATRICIA L.PAULL 411) NESS my): .d d official seal. . '1 COMM.#1265838 Ca ® ` b NOTARY PUBLIC-CALIFORNIA o SANTA CLARA COUfIY (Seal) My Comm.Expires June 26,2004 Signature State of California ) ss. County of Santa Clara ) On V,S 21)00 ,before me, L.Awt as notary public,personally appeared Charlie F.Ferrell, ersonally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or entity upon behalf of which the person(s) acted, executed the instrument. ATNESS my n d official seal. . PATRICIA L.PAULL ^ � - COMM.#1265838 : EXHIBIT A } Legal Description All that certain real property situate in the Town of Los Altos Hills,County of Santa Clara, State of California, described as follows: Parcel 1, as shown on that certain Map entitled, "PARCEL MAP LANDS OF ESHNER, ET AL",which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on April 1, 1991, in Book 625 of Maps, Page(s)4, 5 and 6. 4 • • EXHIBIT B EXHIBIT"A" fO- LANDsN Legal Description of 6�c5�P*0,A Hee,, Le .: 9 P Parcel ''Br �, NO. 7078 7z1 (Parcel 2- (625M4)) After Lot Line Adjustment �;�� � Los Altos Hills, California `�..�li•`ir ea% All that certain real property in the City of the Town of Los Altos Hills, County of Santa Clara, State of California;described as follows: Being a portion of Parcet2, as shown on that certain Parcel Map, which was filed for record on April 1, 1991, in Book 625 of Maps, at Pages 4 through 6, Santa Clara County Records, and being a portion of Parcel.4,as shown on that certain Parcel Map,which was, filed for record on December 30, 1998, in Book 711 of Maps, at Pages 49 and 50, Santa Clara County Records, and particularly described as follows: Beginning at the most westerly corner of said Parcel 2, said point also being on the northeasterly boundary of Silent Hills Lane, thence, along the northerly boundary of said Parcel 2, North 74°00'00" East,202.66 feet,to a angle point in the northerly boundary of said Parcel 2, said point also being the southwesterly corner of said Parcel 4; Thence, leaving said northerly boundary of said Parcel 2,and along the westerly boundary • of said Parcel 4, North 18°06'30"West, 142.02 feet; Thence, leaving the westerly boundary of said Parcel 4, South 75°25'00" East, 285.18 feet, to a point on the easterly boundary of said Parcel 4 and Altamont Road, said point being on a curve concave to the east, having a radius of 320.00 feet, and a radial bearing of North 73°46'56"West; • • Thence, southerly along said easterly boundary of said Parcel 4, through a central angle of 17°11'39", an arc distance of 96.03 feet, to the southeasterly corner of said Parcel 4, said point being the northeasterly corner of said Parcel 2; Thence, continuing along said curve and along said easterly boundary of said Parcel 2, and along the easterly boundary of said Parcel 2,through a central angle of 20°59'54", an arc distance of 117.28 feet, to the beginning of a reverse curve to the right, having a radius of 20.00 feet; Thence, southerly and westerly, along the last mentioned curve and along the easterly boundary of said Parcel 2, through a central angle of 92°53'09", an arc distance of 32.42 feet, said point being on the northerly boundary of Altamont Lane; • EXHIBIT "A" con'td • Thence, continuing along the southerly boundary of said Parcel 2 the following courses. and distances; Thence, South 70°54'40"West, 166.53 feet, to the beginning of a tangent curve to the right, having a radius of 20.00 feet; Thence, along said curve, through a central angle of 72°00'00", an arc distance of 25.13 feet, to the beginning of a reverse curve to the left, having a radius of 90.00 feet; Thence, along last mentioned said curve, through a central angle of 68°00'00", an arc distance of 106.81 feet, to the beginning of a reverse curve to the right, having a radius of 40.00 feet Thence, along last mentioned said curve, through a central angle of 62°30'00", an arc distance of 43.63 feet • Thence, North 42°35'20"West, 162.87 feet, to the POINT OF BEGINNING. Containing an area of 2.14 acres, more or less. • End of Description . . _ . . EXHIBIT "A" ' No, Delta Radius Arc Length No. Dlrectlon Length 1 65'36'20' 60.00 89.65 1 3139.29'46•V 55.00 2 79.15.59' 60.00 8301 2 S61.30'10N 7620 3 79'23'22' 60.00 8314 3 335'111)rN 96.38 4 11.6'35'20' 2520 50.87 4 53511'01'V 3627 3 62'30100' 40.00- 43.63 5 554.48'59'E 8,00 ,• • 6 68'00'00' 90.00 106.81 6 694'59'56'E 112,73 7 72.00.00'. 20,00 25,13 7 N74.00'00'E 15.23 B 92'53'09' 20.00 32,42 0 1447.24'40'E 32.00 9 39'54'33• 32040 217.31 9 S42.35'20'E 56,42 • 10 6910'00' 215,00 258.92 I0 N52.03'56'V 108.75 11 9.07'40• 630.00 100.37 It N84.59'56'V 112,73 . 12 42'03'40' 114.09 83,75 12 N55.22'51•V 37.75 • LOT AREA ' PARCEL A PARCEL B EXISTING 3921 AC. 121*_AC. PROPOSED _ 3,294 AC. 2,141 AC. l 44 ��G` L6 / lilt/I LAND BEING TRANSFERRED . C n ni 44• 14,4 N ,,,,.1.. cy Q ,,i,.K yam .. ',T NQ 7018 �• • 1* ba It-3/•01.- II• Jj Q tf•OF.CAL •... - PARCEL 'A' 'b� U C Vi 01 O WVitA .:..•.:? ..._._. ' � � d. 242 0' 3'00 'A . . 't. . 3 . e./...,:,*:.i:: ri. �' p £2Lor4 . il N Z./././/r 7 17 N W Iail ?04 Ea :ff 2pE 66f: • a2 ?g , 01EXISTINGOT LLI (a PN L, "� 'N PARCEL 'B' lk IS Te ID 4tsti.. e °:..3SCALE' 1'-I00' 1„0•601 - V� . LANE NO 1 OF 1 r. I.. Giuliani & Kull,Inc. SCALE: 1 100' 53 . LOT LINE ADJUSTMENT • BETWEEN Engineers• Planners•Surveyors DRAWN: E.T. PARCEL 4 (711 M 49) AND 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: M.H. (408) 615-4000 Fax (408) 615-4004 FILE: 2138PLAT PARCEL 2 (625 M 4) Auburn • Son Jose •. Oakdale E:\1992\2138\ LOS ALTOS HILLS,CALIFORNIA JOB # 2138 ANIRIP ."4 ;'; EXHIBIT C .ems • Nov 01 00 03: 17p L,-Fevre ( 650 ) 941 -0727 • p. 3 11/01/7880 15:58 488-515-4004 GIULIANI g F:LY_L INC PAGE 02 e • MF P1tl. R7474 Mc 1.•v . No. IrKticn L.npfA I as•Y•.a• asi 01.43 1 344•44'41PV 9344 t 711.117.3r Sapp -OA t 44411a711•V 7130 3 Mr 3•32, UlmDao. 3 i714•!lVIN KN 4 114.3- - MN 14413!3•Y 7 t 'DY310 3 44.3410444/11 4341 V 7 I. ifirevW KAP Mai 4 t3 73 EAO. .'7.D 7 74'I1Q( 1C[7 f3ro.• 3Le2 s 1N7•tM 4• •[ 3E40 ' rs 794N SN t17.31 7 34.ra rar[ 5404 HI criers alarm saga. 1s r4t•4736'V Pan II rs7•40• 4.32.40 10477 U +14•5Y3aw llt.n to ittr4i' 04.M can 1a i436•144•31•V 37.73 ;‘t ►T. • `a t? F "4, (41, a c • XVI •, ton•sJ•a. 1. . il1 :: : 4. • • • Ll 4416 . . X.,4, 4, NAI .6 /. .ti-L1 . . �� di • • ..... IYI ^i• .... SOF/ L.2.7713? i M i. Y - Hyl 7 7 00/ i.07 /k. 14 itsit,-;:.4 ...-'". e:i..i::.;!:; .''''''''''' ';i:.:) 41./1.) '4'vi [5.31' e.�, Y y�. aa'G 0114 =ALL,ruts, IYf•7T 1\\ • 1 OF 1 Giuliani & Sull.Inc. SCALE. a'aD4h.1 DRANK: E.T. 46b Vivant Owk Blvd. Sults 205 Son Jan. CA. 95129 CMECKCC1: 14.14, _ (408) 815-4000 Fox (408) 815-4004 FILE: 2130P4.AT a11092\2130\ LOU ALTOS : CALF-CF1P1A •'= 2138 EXHIBIT D - - maw \p,L LAryO EXHiBIT"c" SS���A. HEts \ a„ NA078 ‘‘r /23/-i1, %! Legal Description of `��- a�a� Easement ''t cAL' over Parcel 4, (711 M 49) Los Altos Hills, California All that certain real property in the City of the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: Being a portion of Parcel 4, as shown on that certain Parcel Map, which was filed for record on December 30, 1998, in Book 711 of Maps, at Pages 49 and 50, Santa Clara County Records, Santa Clara County Records, and being more particularly described as follows: Beginning at an angle point on the westerly boundary of said Parcel 4, said angle point being at the most northerly terminus of the boundary line described as North 18°06'20" West, 263.88 feet, thence, along the westerly boundary of said Parcel 4, South 18°06'30" East, 121.86 feet; Thence, South 75°25'00" East. 285.15 feet, to a point on the easterly boundary of said' Parcel 4,said point being on a curve, concave to the east, having a radius of 320.00 feet, and a radial bearing of North 73°46'56"West; Thence, along the easterly boundary of said Parcel 4, and northerly along the last mentioned curve, through a central angle of 0°43'00", an arc distance of 4.00 feet, to the beginning of a reverse curve to the left, having a radius of 215.00 feet; Thence, continuing along the easterly boundary of said Parcel 4 and along the last mentioned curve, through a central angle of 69°00'00", anarc distance of 258.92 feet; Thence, continuing along the northeasterly boundary of said Parcel 4, North 52°03'56" West, 108.75 feet, to the beginning of a tangent curve to the right, having a radius of 630.00 feet; Thence, continuing along the northeasterly boundary of said Parcel 4, and along the last mentioned curve, through a central angle of 9°0740", an arc distance of 100.37 feet;, Page 1 of 2 Pages • EXHIBIT "C" cored • • : Page 2 of 2 Pages Thence, North 42°56'16" West, 115.76 feet, said point being at the intersection of the northeasterly boundary of said Parcel 4, with a line parallel, and 5.00 feet distant northwesterly, measured at a right angle, with the northwesterly boundary line of the - Conservation Easement as shown on said Parcel 4, said Easement being originally dedicated to the Town of Los Altos Hills via Tract Map No.4897,which was filed for record on August 20, 1971, in Book 288 of Maps, at Pages 42 and 43, Santa Clara County Records; Thence, along said parallel tine, South 16°35'30"West, 153.49 feet, to a point on a line parallel, and 5.00 feet distant westerly, measured at a right angle, with the westerly boundary line of the Conservation Easement shown on said Parcel 4; Thence, along said parallel line, South 18°06'30° East, 124.43 feet, to a point on the westerly boundary line of said Parcel 4; Thence, along the westerly boundary line of said Parcel 4, South 42°52'20" East, 3.23 feet, to the POINT OF BEGINNING. Containing an area of 2.01 acres, more or less. EXHIBIT "C" ' No. Delta Radius Arc.Length No.. Direction Length 1 85.36'20•.. 60.00 89,65 1 589028'46•V 55.00 2 79.15'59• 60.00 93.01 E S61•30'10'1,/ 76.00 3 79'23'2E' 60.00 83.14 3 535•11'01'V 96.38 4 116.35'20' 25.00 30.87 4 335'11,01'V 36.07 3 62'30'00' 40.00 43.63 3 054'48'59't 5.00 e • 6 68'00'00• 90.06 106.81 6 064'39'561 U2.73 , 7 72.00'80• 2060 2513 7 N74'00'001 1523 B 92'53'09• 20.00 32.42 8 N47'24'40'E 3200 9 38'54'33' 320.00 217.31 9 S42'35'20'E 56.48 • 10 69'00'00• 215.00 259.92 10 11 N5203'S6'V 112.73 1 11 9107'40• 63020 100.37 12 42'03'40' 114.09 133.75 12 1155'22'51'V 37.75 • • • 4P L6 c/2 ;.:•,Va.MND ,,,� s L �a NO.7(118 P3 (..,i i 'i jF nr Gni\• . ' Ll 1� �V 1Y t. 44, \'''''''''t e COife • ESHNER 1' URT V ''r w_ ' :-S5i4819'E `� e„...,..:„ 9•" " • 2 \AI 2p. .i"t`•. ._. . ..i '14011',,„•, IgA; • Fl °• 2e$d8' '4�. El eY vI . F' SeP46'Sp•E E27.44 ppI •�� 2oZ 66 PJ u . ■ ih ti ID • kt.4,. '., • 1.a ,.3 4� SCALE,1.100' • N1rts+, 40'fr. 1 OF 1 r - SCALE: 1` 500• Giuliani & Sull,Inc. . 1,, Giuliani 1/4100 ,x63 EASEMENT OVER ` Engineers• Planners•..Surveyors DRAWN: E.T. PARCEL 4 (7t1 M 49) 4880 Stevens Creak Blvd. Salle 205 San'Jose, CA. 95129 CHECKED: M.H. (408) 615-4000 Fax (408) 615-4004 FILE: 2138PLAT Auburn o. Son Jose • Oakdale _ E:\1992\2138\ LOS ALTOS HILLS,CALIFORNIA JOB # 2138 • ,.F alt i,•,•• Attachment 4 Town Of Los Altos Hills December 18, 2012 Site Development Hearing Report Project Description: New Residence File Number: 122-12-ZP-SD-GD Site Address: 26420 Eshner Court Owner(s): DJNH LLC Staff Planner: Cynthia Richardson, Planning Consultant Attendance: Debbie Pedro-Planning Director Cynthia Richardson, Planning Consultant Neela Shukla—Environmental Design and Protection Committee Nancy Couperus—Open Space Committee Sue Welch—Open Space Committee John Edward York—Applicant James Thompson- Applicants Civil Engineer LauraMae Bryan—Applicants Architect Jude Kirik—Applicants Architect . Ken Schoppet—Applicants Landscape Architect Barry Gayer—Applicants General Contractor Gary and Nobuko Cleary—neighbor at 26420 Silent Hills Lane Maurice Camargo—Mark Pearson's Architect 26031 Silent Hills Lane Willem Roelands—neighbor at 26401 Eshner Court Neighbor Comments: Gary and Nobuko Cleary 26410 Silent Hills Lane — wants the fence on the York property between the new home and the Conservation Easement to remain, they do also not want a cabana built in the future adjacent to their property, they want any new fence not,to be solid because it will block their view of the bay. Staff is not aware of any view easement from the Cleary property over the York property and requested information from the Cleary's on this issue. In the future the owners could come back to ask for, approvals for a pool cabana and at that time the neighbors would be notified. Staff explained that the fence between the applicant's home and the Conservation Easement was not part of the consideration today and that the fence could be removed at any time. Maurice Camargo, Architect for the neighboring Pearson property (26031 Silent Hills Lane) indicated that Mr. Pearson doesn't want the fence along Altamont to be removed. He intends to plant a vineyard on the conservation easement and would need the fence to protect the vines. Staff explained that any new fencing would need to come back for review and approval. As for the chain link fence along Altamont, staff explained that the portion abutting the Conservation Easement will be required to be removed per condition#10. Town of Los Altos Hills Site Development Hearing Report Lands of DJNH LLC 26420 Eshner Court December 18,2012 Page 2 of 9 The owner indicated that he had no rights within the Conservation Easement that an agreement by the previous owner gave all rights to the adjacent property owner, Mark Pearson who lives at • 26031 Silent Hills Lane. Staff explained that Mark Pearson would not be allowed to apply for the construction of any fence or other structure, irrigation or landscaping on the York property. Willem Roelandts 26401 Eshner Court - supports the approval of the York home but does not support removal of the existing chain link fence along Altamont Road. Charlie Perrell (email) — supports approval of home does not support removal of existing chain link fence along Altamont Road. John Scott (email) 26385 Altamont Road, objects to the 36" tree being removed. Staff commented that the tree was being removed due to the storm drain line being relocated and that three new trees will be required to be planted when the landscape plan is submitted. Project Issues: The light reflectivity value for the paint color of the body of the house as submitted does not meet the ordinance requirement. The Architect wants to work with the Town when the house is framed and a test sample can be painted on the actual house and measured. Conditions of Approval: • Standard conditions of approval recommended. Change condition#10 to clarify that the chain link fence shall be required to be removed only along the Conservation Easement along Altamont Road. Planning Director Approval: File # 122-12-ZP-SD-GD (Lands of DJNH LLC) has been approved by Fast-track Review on December 18, 2012, subject to the attached conditions. / / Debbie Pedro, AICP, Planning Director Date Attachment 5 Town of Los Altos Hills Site Development Hearing Report Lands of DJNH LLC 26420 Eslmer Court December 18,2012 Page 3 of 9 CONDITIONS OF APPROVAL FOR A SITE DEVELOPMENT PERMIT FOR A NEW RESIDENCE, DETACHED GARAGE, DETACHED SECOND DWELLING UNIT, POOL, BOCCE BALL COURT AND REMOVAL OF ONE HERITAGE OAK TREE LANDS OF DJNH LLC: 26420 ESHNER COURT FILE# 122-12-ZD-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. The applicant shall include in the required Landscape Screening plan three (3), 24" box sized oak trees in order to mitigate the removal of one (1) Heritage Oak tree. These trees shall be planted prior to final inspection. All requirements contained within the Arborist report prepared by McClenahan Consulting, dated April 26, 2012 shall be followed. 5. 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. Town of Los Altos Hills Site Development Hearing Report Lands of DJNH LLC - 26420 Eshner Court December 18,2012 Page 4 of 9 6. Prior to beginning any grading operation, all significant trees, particularly the heritage oak trees, are to be fenced at the drip line. The fencing shall be of a material and structure (chain- link) to clearly delineate the drip line. Town staff must inspect the fencing and the trees to be fenced prior to commencement of grading. The property owner shall call for said inspection at least three days in advance of the inspection. The fencing must remain throughout the course of construction. No storage of equipment, vehicles or debris shall be allowed within the drip lines of these trees. Existing perimeter plantings shall be fenced and retained throughout the entire construction period. 7. 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, all accessory structures and swimming pool are 40'from the front property line and 30'from the side and rear property lines." The elevation of the new residence unit shall be similarly certified in writing to state that "the elevation of the new residence matches the elevation and location shown on the Site Development plan." The applicant shall submit the stamped and signed letter(s) to the Planning Department prior to requesting a final inspection. 8. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor shall certify in writing and state that "the height of the new residence complies with the 27'-0" maximum structure height, measured as the vertical distance at any point from the bottom of the crawl space or basement ceiling if excavated below natural grade, to the highest part of the structure directly above (including roof materials)." The overall structure height shall be similarly certified in writing and state that "all points of the building (including chimneys and appurtenances) lie within a thirty-five (35')foot horizontal band based, measured from the lowest visible natural or finished grade topographical elevation of the structure along the building line and the highest topographical elevation of the roof of the structure." The applicant shall submit the stamped and signed letter(s) to the Planning Department prior to requesting a final inspection. 9. 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. 10. The existing chain-link fence located along Altamont Road adjacent to the Conservation Easement shall be removed. The removal of the fence shall be completed prior to final inspection and release of occupancy permits. 11. No new fences are approved. Any new fencing or gates shall require review and approval by the Planning Department prior to installation. Fences may be located at the perimeter of the Conservation Easement and shall not encroach within the easement. Any fence shall be an open-style fence which will allow migration of local wildlife within the Conservation Easement. Town of Los Altos Hills Site Development Hearing Report Lands of DJNH LLC 26420 Eslmer Court December 18,2012 Page 5 of 9 12. Lighting is approved as shown on the plans. No lighting may be placed within setbacks except two entry or driveway lights. Any additional outdoor lighting shall be approved by the Planning Department prior to installation. 13. Skylights, if utilized, shall be designed and constructed to reduce emitted light (tinted or colored glass, or other material). No lighting may be placed within skylight wells. 14. Fire retardant roofing (Class A) is required for all new construction. 15. 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. 16. 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. 17. Standard swimming pool conditions: • Lights shall be designed so that the source is not visible from off-site. • Drainage outfall structures shall be constructed and located to the satisfaction of the City Engineer. • Pool equipment shall be enclosed on all four sides with a roof for noise mitigation and screening. 18. For swimming pools, at least one of the following safety features shall be installed to the satisfaction of the Town Building Official: • The pool shall be isolated from access to the residence by an enclosure (fencing). • The pool shall be equipped with an approved safety pool cover. Town of Los Altos Hills Site Development Hearing Report Lands of DJNH LLC • 26420 Eshner Court December 18,2012 Page 6 of 9 • The residence shall be equipped with exit alarms on those doors providing direct access to the pool. • 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. 19. 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. ENGINEERING DEPARTMENT: 20. Peak discharge at 26420 Eshner Court, as a result of Site Development Permit 122-12, 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 ofplans for building plan check. 21. 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. 22. 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. 23. 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. 24. 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 Town of Los Altos Hills Site Development Hearing Report Lands of DJNH LLC 26420 Eshner Court December 18,2012 Page7of9 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. 25. 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 Eshner Court and Altamont Road, 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. 26. 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. 27. The property owner shall dedicate a 10' wide public storm drain easement to the Town along the proposed storm drain relocation. The property owner shall provide legal description and plat exhibits that are prepared by a registered civil engineer or a licensed land surveyor and the Town shall prepare the dedication document. The dedication document, including the approved exhibits, shall be signed and notarized by the property owner and returned to the Town prior to acceptance of plans for building plan check. 28. The driveway shall be required to be fully constructed and to be roughened where the pathway intersects, to the satisfaction of the City Engineer,prior to final inspection. 29. The property owner shall be required to connect to the public sanitary sewer prior to final inspection. A sewer hook up 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 work. 30. The property owner shall restore the existing pathway along Altamont Road to a type 2B pathway 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 work. Town of Los Altos Hills Site Development Hearing Report Lands of DJNH LLC 26420 Eslmer Court December 18,2012 Page8of9 FIRE DEPARTMENT: 31. An automatic residential fire sprinkler system approved by the Santa Clara County Fire Department shall be included in all portions of the building. Three sets of plans prepared by a sprinkler contractor shall be submitted to the Santa Clara County Fire Department (14700 Winchester Blvd., Los Gatos, CA 95032) for review and approval. The sprinklers shall be inspected and approved by the Fire Department, prior to final inspection and occupancy of the new residence. 32. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. 33. All construction sites must comply with applicable provisions of the CFC Chapter 14 and standard detail and specifications SI-7. - 34. Potable water supplies shall be protected from contamination cause by fire protection water supplies. It is the responsibility of the applicant and any contractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water based fire protection systems, and/or fire suppression water supply systems or storage. 35. 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. Vegetation clearance shall be in compliance with CBC Section 701A.3.2.4. GEOTECHNICAL 36. The applicant's geotechnical consultant shall review and approve all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, site drainage improvements and design parameters for foundations, retaining walls and driveway) to ensure that the recommendations have been properly incorporated. The results of the plan review shall be summarized by the Geotechnical Consultant in a letter and submitted to the Town Engineer along with other documents for building permit plan-check. 37. The geotechnical consultant shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall 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 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 (as-built)project approval. CONDITION NUMBERS 9, 17, 18, 23, 25, 27 and 29 SHALL BE COMPLETED AND SIGNED OFF BY THE PLANNING DEPARTMENT AND THE ENGINEERING Town of Los Altos Hills Site Development Hearing Report Lands of DJNH LLC 26420 Eshner Court December 18,2012 Page 9 of 9 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 this notice. The building permit cannot be issued until the appeal period has lapsed. The applicant may submit construction plans to the Building Department after January 9, 2012 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 December 18, 2013). 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 6 ROBERT J.LANZONE LAW OFFICES JEAN B.SAVAREE AARONSON, DICKERSON, COHN & LANZONE MICHAEL AARONSON GREGORY J.RUBENS (1910.1998) CAMAS J.STEINMETZ A PROFESSIONAL CORPORATION KENNETH M.DICKERSON (1926-2008) 1001 LAUREL STREET,SUITE A MELVIN E.COHN KAI RUESS SAN CARLOS,CALIFORNIA 94070 (1917.2014) KIMBERLY L.CHU PHONE:650-593-3117 FAX:650-453-3911 CAMAS J.STEINMETZ,Ext.225 www.adcl.corn Of Counsel: Email: csteinmetz@adcl.com JOAN A.BORGER October 25, 2016 Chair Tankha and Members of the Planning Commission Town of Los Altos Hills Sent Via Steve Padovan, Project Planner spadovan@losaltoshills.ca.gov Re: Cabana Proposal, 26400 Eshner Court Dear Chair Tankha and Members of the Planning Commission: This law firm represents Nobuko and Gary Cleary, the owners and longtime residents of 26410 Silent Hills Lane which sits next door to the proposed cabana project at 26400 Eshner Court which my clients strongly object to. We understand that you will review and consider the proposed cabana project at your November 3; 2016 meeting. Prior to making a decision on this project, which we remind you is discretionary, we respectfully request that you consider the negative impact the proposed cabana will have on my clients' views, privacy, use and enjoyment of their property and either (1) deny the project as proposed; or (2) invite the applicant to return with revised plans that relocate the cabana to the other side of their pool in order to minimize its interference with my clients'views, privacy, use and enjoyment of their property. My clients purchased their residence in 1991 prior to the re-subdivision and development of the lands surrounding their parcel. They purchased their property for the privacy it afforded and for the views of the San Francisco Bay and East Bay hills which Gary, an accomplished painter and inventor of medicine, paints in his spare time from the cottage on their property which sits immediately adjacent to the proposed location of the cabana. (See enclosed article "A Scientist and his Paintbrush", Palo Alto Weekly, August 27, 2004). The cottage also houses Nobuko's sanctuary, a Japanese bath. When my clients purchased their property, they understood that the views and the property immediately in front of them would be protected in perpetuity by a Conservation Easement. As shown in the enclosed photographs, the cabana in its proposed location would encroach upon my clients' privacy and obstruct the great majority of the views from the cottage October 25, 2016 Page 2 windows as well as a good portion of the northern views from my clients' veranda. It is important to note that the proposed cabana is in the exact same location that my clients objected to back in 2012 when the applicants were designing and seeking Town approval for construction of their residence. In exchange for my clients' agreement to allow the applicants' residence to be fast tracked for approval without a hearing, the applicants agreed to remove the cabana from the plans, plant trees outside of their bedroom for screening, and remove certain walnut trees that were planted in the Conservation Easement.' The applicants made good on their first two promises but never removed the walnut trees as promised and as required pursuant to their approved 2013 landscaping • plan, a blown up copy of which is attached to this letter with the trees remaining which should have been removed highlighted in yellow. After construction of their residence, the applicants installed a structural cement patio slab, metal posts, plumbing and electrical in the very same footprint of the cabana originally shown on their 2012 plans that they had agreed to remove. The applicants also installed a concrete pathway over the portion of their property protected by the Conservation Easement dedicated to the Town of Los Altos Hills. According to Town Planning, concrete walkways are prohibited within Conservation Easements held by the Town. After receiving my clients' complaints, the concrete walkway was covered up with soil but was never removed. According to Town Planning, no building permit was issued for the concrete walkway. Town Planning also could not find any building permit issued for the cement patio slab and associated work which happens to cover the exact footprint of the cabana now being proposed. When questioned, the applicants' contractor apparently delivered a stamped plan last week showing a building department approval stamp on March 9, 2015. According to my clients' recollection, the patio slab was installed before this date. Moreover, this plan was not circulated to Town Planning for approval as required. Moreover, our understanding is that because this patio slab altered the original Site Development Permit plans, a formal revision to the Site Development Permit—which would have required a noticed hearing -- should have been approved prior to issuance of the building permit and no such approval was sought or obtained. Therefore, it appears that the building department approval is invalid. When my clients learned from the Town that the applicants had submitted plans to the Town for the very same cabana the applicants had agreed to remove earlier, they were I Note that removal of the walnut trees is independently and separately required per Section 5-8,04(a)of the Town Municipal Code which provides that"[n]o person shall plant, maintain, or permit to grow any tree which unreasonably obstructs the view from, or sunlight reaching, the primary living area of any other parcel of property within the Town of Los Altos Hills." 2 October 25, 2016 Page 3 shocked and dismayed. These plans violate the spirit, if not the letter, of the agreement between my clients and the applicants which allowed the applicants' home to be fast tracked for approval just three years earlier in December of 2013. After learning of the cabana application from the Town, my clients attempted to contact the applicants to discuss the matter neighbor to neighbor, but the applicants did not even give my clients the courtesy of a response. Based on my review of the Town Municipal Code, the Residential Design Guidelines, and the Fast Track Guide for Residences,it appears that the proposed location of the cabana not only violates the agreement between my clients and the applicants, but is also contrary to the following Town regulations and guidelines: • Town Municipal Code o 10-2.701 Purposes. The purposes of this article are to ensure 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. o Section 10-2.702(a) Siting -Alternative Locations. The location of buildings and structures shall be selected so as to minimize ... the impairment of scenic views from off the site. • Residential Design Guidelines o When designing your home, it is important to be conscious of your immediate neighbors, particularly their privacy. (p. 11) o Carefully design your house to prevent unreasonably invading your neighbor's privacy (p. 13) o Attempt to locate your outdoor areas adjacent to neighbors' outdoor activity areas, rather than in close proximity to their quiet areas (p. 15) • Fast Trak Guide for New Residences o Minimize obstruction of on and off site views by considerate placement of structures. As shown on the site plan included in the application submittal, the cabana could easily be accommodated on the other side of the pool by the bocce court. Town Planning has confirmed that this area is a viable alternative location for the cabana. Yet the applicants apparently have not explored this alternative or demonstrated why the cabana could not be sited in this or another alternative location on their entire five plus acre double lot. 3 October 25, 2016 Page 4 For the foregoing reasons, we respectfully request that the Planning Commission honor my clients' views, privacy and use and enjoymentof their property by either (1) denying the as proposed; or (2) invitingthe applicant to return with an alternative location for the project p p pp � cabana that will respect my clients' views, privacy, use and enjoyment of their property. Many thanks for your consideration. Very truly yours, CAMAS J. STEINMETZ 4 10/25/2016 A scientist and his paintbrush(August 27,2004) Palo Alto Search the Archive:� ee Find Online Edition Publication Date: Friday,August 27,2004 A scientist and his paintbrush August 27,2004 Community School of Music and Arts displays works by Gary Cleary Back to the table of Contents Page By Katie Vaughn Classifieds Leave it to a scientist to turn a painting exhibition into a lesson about the Palo Alto artistic process. Online Gary Cleary's collection of 40-plus paintings and drawings,currently on display at the Community School of Music and Arts (CSMA)'s Mohr Gallery through Sept. 30, chronicles and celebrates his lifelong journey in art.The exhibition, comprised of landscapes, figurative works and portraits, is Cleary's first solo show, detailing his progression from the cerebral to the aesthetic. Cleary considered a career in art,but took the science route instead.He earned a Ph.D. in pharmaceutics, and developed and manufactured drug-delivery systems for contraceptives and nicotine patches. Still,the Los Altos Hills resident took art classes in his spare time. "It all starts off in school," said Cleary, co-founder,president and chief technology officer of Corium International,Inc. "That's a reason I'm on the board of CSMA." In most of his 15 landscapes, Cleary uses broad brushstrokes and thick layers of oil paint that impart an abstract quality to the works. The fact that viewers can tell the time of day when the scenes take place shows Cleary has studied the effects of light. Some of the landscapes and other paintings were inspired by famous artists.After a teacher encouraged Cleary to copy master paintings,he created "A Holiday,"based on a work by Edward Henry Potthast. The painting is an abstract depiction of seven figures on a sunny seashore. Cleary said he believes examining others'works enhanced his own style. "It teaches you how to mix colors and work with figures," said Cleary,who has studied locally at Foothill and Skyline Colleges, San Francisco Art Institute and Pacific Art League in Palo Alto. "I never could have reached that color of blue if I hadn't studied Potthast." "Village Bridge,Early Summer Morning in Germany" is more detailed and has a tighter feel than most of Cleary's other paintings. And for good reason: He painted it from a photograph. Offering a contrast to the cool blues and greens of the landscapes are Cleary's figure studies, most of which he painted in warm reds,browns, http://www.paloaltooniine.com/weekly/morgue/2004/2004 08 27.cleary27.shtml 1/3 10/25/2016 A scientist and his paintbrush(August 27,2004) oranges and tans. He takes inspiration from John Singer Sargent,James Whistler,Joaquin Sorolla and Anders Zorn, especially in their paintings of the human figure. "Study of Female Nude,Reclining" shows a supine woman from the back, leaning to the left. Other figural works include men and women in forward-facing portraiture poses..The figure drawings come from drop-in sessions Cleary attended at CSMA,where nude models posed for the class. The nudity of several figures concerned some CSMA staff members,who worried that children passing the exhibition might not be able to handle the mature subject matter.But the paintings have become an opportunity for teachers and parents to show students that artists often work from nude models. The final teaching aids of the exhibition are two glass cases that demonstrate how a scene becomes a painting. In one, a photograph of a landscape is pasted to a sketchbook containing Cleary's rendering of the scene.Next to the book are canvas paintings of the landscape, along with a box Cleary used to carry his supplies. While at times Cleary has found it difficult to concentrate on art while managing a career in science,he finds similarities between the two endeavors. "It's the same sort of creative process," he said. "You're trying to create new ideas,new concepts,new ways to do things. You have to start with a blank canvas or notebook." Cleary said that despite his involvement in the science field, art will hold a prominent place in his future. "Someday I'd like to be a famous painter,whether I'm in science or not." What: Paintings& Sketches by Gary W. Cleary. The exhibition includes approximately 40 pieces, including landscapes, figurative works and portraits. Where: Community School of Music and Arts at Firm Center, Mohr Gallery, 23.0 San Antonio Circle in Mountain View When: Through Sept. 30. Mohr Gallery hours are Monday through Friday, 9:30 a.m. to 8 p.m.; Saturday from 9 am to 3 p.m. Cost:Admission is free. Info: Please call(650) 917-6800 or visit www.arts4all.org. E-mail a friend a link to this story. Back to previous page http://www.paloaltoonline.com/weekly/morgue/2004/2004 08 27.cleary27.shtml 2/3 10/25/2016 A scientist and his paintbrush(August 27,2004) Palo Alto �''"'° Vttonlineee Copyright©2004 Embarcadero Publishing Company.All rights reserved. Reproduction or online links to anything other than the home page without permission is strictly prohibited. http://www.paloaltoonline.com/weekly/morgue/2004/2004 08 27.cleary27.shtml 3/3 • &l:',4 \i/ , _ __ .__....,. ) ^ L1JU \ 69 '1Cs \\ 7 s.\ f. �\ \ inti. .0 \ ` \ ��\ \ 9Z.1,s7 \ I. ..'.i7.li, ,..X96,1'7 ` srLy # \ \ .\ • .'Jew itt /C„,,..4e. \ \ , \ \t 6'34.7" u3.('i. .v i�� OVE TREE " \ 7. OON VA7i0P1 ?' ' 6t P • c. • • 1. •1/00, \ \ . ! \ + -,Q,...1.\-.2":" + ESI;6947.1\ \ P��.+ \ G8 .94- 4 \ \ .i. 693.'76 \ \ i 2 \ \ \ i.,g;,', 69006 \ i5.19 \ I 1173..•\ \ \"VALN ` \ \ • uEE'7..‘` \ \ O-. 695:>, I \ \ \ .. \N. • \ \\ \ \ o�r � (.)-111..\.„-I \ \ F,. 0.-;t:'.. \ \ N. \ \ \,_ __. .. . 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I ,....v -s".".* . sL.....(114 -:„.- -•.,- .V. . ..,,0.;,"•'••r 4,4,,,, , . \ .O. • ....,:, ,-.41.-:,Aivifit. „ - -. --"4" aPf-' , Mr' . . -1.40110,.". - - - - ot- •.°41. 4 A ' ,-4 r 4.14• A41.,..•.-r-r i AZ:2'J X .1- ,4-t-:itite Leil e',14:rMt-?-f :•• - - - ' .. . - - 1,10, r - . . . . Attachment 7 Thursday, October 27, 2016 Via email: Ref: Pool Cabana 26400 Eshner Court Dear Chair Tanka and Members of the Planning Commission, I am writing in response to the letter received from Nobuko and Gary Cleary via the Town Planning Office. This letter presents a number of issues they have with the proposed pool cabana at 26400 Eshner Court. I would like to address these representations ahead of the meeting to ensure that the committee members are in possession of accurate facts surrounding this project. Our residence at 26400 Eshner Court sits within approximately 4.5 acres. The conservation easement that has been carefully preserved represents 2 acres of this space, or 44% of their total land. The cabana structure that the 26400 Eshner Court we are proposing sits entirely within the allowable building area, not the conservation easement. It meets all town planning codes and regulations and fits the criteria for an administrative approval. Contrary to the Clearys protest for a reduction of privacy, the placement of the cabana in its proposed location actually improves the privacy to both properties. It should also help to abate any noise transfer and will provide a defined edge to our pool area, minimizing sight-lines into each others private spaces. There are currently no northerly views as described in the Cleary's letter for either of us. The established trees that line Altamont Road restrict this perspective. Below is an overview (Fig 1) of our two properties that should help to provide a clear understanding of the sightlines in question. X t . 114 CLOW: • -• "V"t` • f7,f00�6'Et�l� • The photographs attached to the Cleary letter are not representative of the true picture. These are taken at an obscure and unnatural angle from the corner of a window; I believe if anything the photographs the Cleary's have included go to show how currently without a cabana structure our pool area has little to no privacy from their property. The December 2012 Fast Track planning meeting report states that the we could come back and request the pool cabana at a later time. It also notes from the planning staff that the town is unaware of any "View Easement" as described by the Cleary's and invites them to provide documentary support to that claim. To date I am unaware of any documents to support a view easement. A copy of this report is attached. All construction at 26400 Eshner Court was carried out in accordance with approved plans and permits and with the prior knowledge and consent of the Los Altos Hills Town Planning Office. No concrete pathways have ever been laid in the conservation easement; we have also never received any complaint from our neighbors in respect of this. It is possible that Mrs Cleary may have communicated with landscaping workers on site across the fence to voice her complaint. The pathways are formed from base rock and gold fines that have been fashioned to provide safe access into the easement. This is an entirely natural material and no hardening additives were used. The town planning office inspected these pathways during a visit on Monday 10/24/16 and confirmed that they were allowable in the easement area. Following a phone call from the Town Planning office we were able to furnish them with a copy of approved plans for the patio. Our general contractor also has a documented timeline on when this specific piece of construction took place. Regardless of any recollections the Cleary's may or may not have had, it should be noted that the entire construction project was signed off and approved by the City at the end of September 2015 prior to me and my family moving in. Due to drainage, the location of the pool and the site topography the cabana cannot be located on the opposite side of the property. Our architects and civil engineer would be happy to discuss this point further. The current proposed location is our preferred choice for the reasons of privacy and noise abatement described earlier in the letter. To date I have not received any correspondence from the Cleary's indicating that they wished to discuss the proposed project. In summary I would like to say that we have done all we can to minimize the impact of the pool cabana, we have redesigned it to reduce its height and visual impact. We have supported and maintained the conservation easement and only propose to build within the allowable building area of the site. We would urge you and the members of the committee to remain objective in your review of this project. The pool cabana represents the final piece of what we believe is a wonderful home that has been built so that my family can enjoy their lives in Los Altos Hills. Respectfully submitted for your consideration i . I /V, John Edward York Enc. pe r + .,1_7.,;.. + r f-; '0fi,tir`}" i � �' �i 1'; i, tgrt . _ '-- •t' i f r.{ vete £� 'fix'" r :.. P Y .. • ,,....,._.. ...., ..,... • . ..; _ '1. ' el •,/ 1 " ; 110 �p� ' ' f. rrrf -��46 = k ' yw 4: ..,. ..1 M1• p Y . n. r4 �3� .A. • `C� f��� �_ te SI. _ 3� -a s - 1. Tyr ',.•., j ,t :.,,,,,t''''. ,14‘, 1 ittl ,..... .11,0 , 7 stk: . :w ,.,,, t, • 'uc 1A'- �. f• `1, ` - Com. h e ,e' ,�P`. „ . ,li ,• , • .1, .pAt, �b - Pr ' 'kr:- a rvt i ,. f 0 I• . tl .._'i '} a = r", Lal t. ' f-- '''t 44' ri (r.) 0 9111:j \ . .,4 a to •e` f M - -.. •r— W : ' ; '> 't•I { $ 4 � (gyp 4 F 4 ,,,` ;F: ,fir} F'• - �••.••�", f ,ia Illen; /JJ/YS % J rc% .,a 4. apt i , •I t rr rp ; / :( f.! • 1. 9 a A k ` 4rr. ,ay , A., ••,ly 3.. ,. e �. - p ,' •F• - ; . AI Pte, �- 1 ... ,♦ t .,„1..4:.„ . J., Q ew a ,�. r 01A- r Skil '1 K M 4l r . p.,� vi - 7,4 4404, 4,„„:, aiLsis.„,T,,,,,:. ' '' �� �, F ice` '�j, �, X" _ ♦ of e' ie.t �t �i, -z - .1*,tirt,' - , 1 );!fi'?4,i:4''t:': ' . ----- t \1 9"F *q f� Town Of Los Altos Hills December 18, 2012 Site Development Hearing Report Project Description: New Residence File Number: 122-12-ZP-SD-GD Site Address: 26420 Eshner Court Owner(s): DJNH LLC Staff Planner: Cynthia Richardson, Planning Consultant Attendance: Debbie Pedro-Planning Director Cynthia Richardson, Planning Consultant Neela Shukla—Environmental Design and Protection Committee Nancy Couperus—Open Space Committee Sue Welch—Open Space Committee John Edward York—Applicant James Thompson- Applicants Civil Engineer LauraMae Bryan—Applicants Architect Jude Kirik—Applicants Architect Ken Schoppet—Applicants Landscape Architect Barry Gayer—Applicants General Contractor Gary and Nobuko Cleary—neighbor at 26420 Silent Hills Lane Maurice Camargo—Mark Pearson's Architect 26031 Silent Hills Lane Willem Roelands—neighbor at 26401 Eshner Court Neighbor Comments: Gary and Nobuko Cleary 26410 Silent Hills Lane — wants the fence on the York property between the new home and the Conservation Easement to remain, they do also not want a cabana built in the future adjacent to their property, they want any new fence not to be solid because it will block their view of the bay. Staff is not aware of any view easement from the Cleary property over the York property and requested information from the Cleary's on this issue. In the future the owners could come back to ask for approvals for a pool cabana and at that time the neighbors would be notified. Staff explained that the fence between the applicant's home and the Conservation Easement was not part of the consideration today and that the fence could be removed at any time. Maurice Camargo, Architect for the neighboring Pearson property (26031 Silent Hills Lane) indicated that Mr. Pearson doesn't want the fence along Altamont to be removed. He intends to plant a vineyard on the conservation easement and would need the fence to protect the vines. Staff explained that any new fencing would need to come back for review and approval. As for the chain link fence along Altamont, staff explained that the portion abutting the Conservation Easement will be required to be removed per condition#10. Town of Los Altos Hills Site Development Hearing Report Lands of DJNH LLC 26420 Eshner Court December 18,2012 Page 2 of 9 The owner indicated that he had no rights within the Conservation Easement that an agreement by the previous owner gave all rights to the adjacent property owner, Mark Pearson who lives at • 26031 Silent Hills Lane. Staff explained that Mark Pearson would not be allowed to apply for the construction of any fence or other structure, irrigation or landscaping on the York property. Willem Roelandts 26401 Eshner Court - supports the approval of the York home but does not support removal of the existing chain link fence along Altamont Road. Charlie Perrell (email) — supports approval of home does not support removal of existing chain link fence along Altamont Road. John Scott (email) 26385 Altamont Road, objects to the 36" tree being removed. Staff commented that the tree was being removed due to the storm drain line being relocated and that three new trees will be required to be planted when the landscape plan is submitted. Project Issues: The light reflectivity value for the paint color of the body of the house as submitted does not meet the ordinance requirement. The Architect wants to work with the Town when the house is framed and a test sample can be painted on the actual house and measured. Conditions of Approval: • Standard conditions of approval recommended. Change condition#10 to clarify that the chain link fence shall be required to be removed only along the Conservation Easement along Altamont Road. Planning Director Approval: File # 122-12-ZP-SD-GD (Lands of DJNH LLC) has been approved by Fast-track Review on December 18, 2012, subject to the attached conditions. / / Debbie Pedro, AICP, Planning Director Date Attachment 8 RECEIVED OCT 25201S October 25, 2016 TOWN OF LOS ALTOS HILLS Planning Commission 26379,Fremont Road Los Altos Hills, Ca. 94022 Dear Commissioners; On November 3, 2016 you are scheduled to hear a request from Jed York to build a cabana on'his property. I am unable to attend this hearing and so am writing in support of Nobuko Saito and Gary Cleary's objection to this request. One of the joys for many people in Los Altos Hills is the view from their homes. This has been true for the Clearys for over two decades. The Yorks' proposed cabana, if built,would obliterate the Clearys'view of Silicon Valley and block the view which Gary Cleary, an artist, enjoys painting. Approval of such a structure in this location would, also, decrease the value of the Clearys property because of the loss of the view. I ask that the Commission NOT impose these hardships on our residents. When a family like the Yorks has two parcels of land of over five acres,why should they build in a space that is detrimental to their neighbors? Why should they be allowed to build within 30 feet of the Clearys' bedroom? In addition to this proposed infringement on the valuable views for the Clearys, I'm distressed to learn that hard surface paths have been built over a Conservation Easement on the property in question. Honoring conservation easements and their purpose of protecting open spaces and the natural land within the easement is a long tradition and should be upheld. How is it that Los Altos Hills leaders have ignored this legal requirement and allowed these pathways to be built? As residents of Los Altos Hills for 35 years, it's important to my husband and me that this be a town where residents are good neighbors and where the laws of the land are upheld. I ask that you, our Commissioners, deny the requested building permit from the Yorks and uphold the purpose of conservation easements. Sincerely, Becky Mo(n 12728 La Cresta Drive Los Altos Hills 650-949-2107 RECEIVED Vicki and Terry Oldberg OCT 2 5 2016 27250 Julietta Lane Los Altos Hills, CA 94022 TOWN OF LOS ALTOS HILLS October 24, 2016 Los Altos Hills Planning Commission, As neighbors of Nabuko and Gary Cleary, we support their concerns regarding the proposed cabana on the Yorks' property. While we respect the rights of the Yorks to build a structure on their property within Town guidelines, we also highly value the rights of the Clearys and all residents of Los Altos Hills to preserve the views which they have enjoyed for many decades. We respectfully request that the Town reach an accommodation which will not obstruct the Clearys' Bay view. Sincerely, Vicki and Terry Oldberg TOWN OF LOS ALTOS HILLS NOTICE OF PLANNING COMMISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Clerk of the Town of Los Altos Hills, State of California,has set after the hour of 7:00 P.M.THURSDAY,NOVEMBER 3,2016 in the Council Chambers of Town Hall,26379 Fremont Road, Los Altos Hills, California, as the time and place for a Public Hearing on the application of: LANDS OF DJNH,LLC;26400 ESHNER COURT;File#226-16-ZP-SD; A request for a Site Development Permit to construct a 756 square foot pool cabana adjacent to an existing pool and barbeque area with related hardscape improvements. CEQA review: Categorical Exemption per Section 15303(e) — construction of a new accessory structure to a single- family residence in a residential zone district; (staff-Steve Padovan). The file for the application is at the Office of the City Clerk at the Los Altos Hills Town Hall,26379 Fremont Road,Los Altos Hills,California and may be reviewed at that location upon request. All interested persons may appear and be heard at said time and place. Written communications should be filed at Town Hall prior to the date of the hearing. Court challenges to the action of the Site Development Committee, Planning Commission, or City Council may be limited to issues raised at the public hearing described in this notice, or in written correspondence received at Town Hall at, or prior to, the public hearing. Further details may be obtained from the Planning Department at (650) 941-7222. 1)12,5/“6 rD Suzanne Avila, AICP Planning Director Town of Los Altos Hills FR: aa„liv) ?e,c r �'' Dr [. Gwsk,kamituA NOTICE DATE: October 21, 2016 Z Co it O S 'iza k¢ ite W 4kOraue- TOWN OF LOS ALTOS HILLS NOTICE OF PLANNING COMMISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Clerk of the Town of Los Altos Hills, State of California,has set after the hour of 7:00 P.M.THURSDAY,NOVEMBER 3,2016 in the Council Chambers of Town Hall, 26379 Fremont Road, Los Altos Hills, California, as the time and place for a Public Hearing on the application of: LANDS OF DJNH,LLC;26400 ESHNER COURT;File#226-16-ZP-SD; A request for a Site Development Permit to construct a 756 square foot pool cabana adjacent to an existing pool and barbeque area with related hardscape improvements. CEQA review: Categorical Exemption per Section 15303(e) — construction of a new accessory structure to a single- family residence in a residential zone district; (staff-Steve Padovan). The file for the application is at the Office of the City Clerk at the Los Altos Hills Town Hall,26379 Fremont Road,Los Altos Hills,California and may be reviewed at that location upon request. All interested persons may appear and be heard at said time and place. Written communications should be filed at Town Hall prior to the date of the hearing. Court challenges to the action of the Site Development Committee, Planning Commission, or City Council may be limited to issues raised at the public hearing described in this notice, or in written correspondence received at Town Hall at, or prior to, the public hearing. Further details may be obtained from the Planning Department at (650) 941-7222. Lo`z. yJ1.4 Suzanne Avila, AICP D ; Planning Director Town of Los Altos Hills C keve- z.S G r reA NOTICE DATE: October 21, 2016 z l 5�'\ C -/-t • Pr RECEIVED OCT 2 7 2016 October 26, 2016 TOWN OF LOS ALTOS HILLS Maria & Wim Roelandts 26401 Eshner Court Los Altos Hills, CA 94022 650/209-5550 Re.: 26400 Eshner Court - Cabana Project To: Chair Tankha and the Members of the Planning Commission, Town of Los Altos Hills We are the residents at: 26401 Eshner Court and live just across the street from the York's. We know them to be conscientious, dependable people and valuable member of our community. We are fully aware of the "Cabana Project" they wish to build, and fully support this project as it is currently conceived. Should you have any questions, please feel free to contact us. 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'-a �i }• t •i 7 `I�. i �(Ts�^ c I£r `� ,!(,ate x 7C,� _tiC , a . ,' A � ''� • ,.�. .•.. _ ... U . . ..:v yr, . vi..' 7•�A-ar '�iy,. -4. 1 "k.�`. 1$ ',.'` t 2•+. i i`''i a ••.. a +�'►"c"f-�61. t; ,. 73�` :. $•... '• .7-:--.?-...;;..,-. t� �+e. r .E{ �t t` r k 4,,. '..���`.�t .. . ^j•`. t �' ..4 ij�,k `h.} 1 • . %.1),*,.- , r-„r.+ :1r � c t.• - _ ,':-.• • 4 . '..-::,1 i• _ af:J. C y.L �tr. �,. iitoo.I ` ` a 'E `��,(, A d' tr;;/'� 4, ' ' v 1 .} 3! • ; + . •*. , ' - � , .! � I''.., S �, .,w 1•-."N ''"T ^. ,,,,,,,,„_,,,,,,,•;;.'. -., i, / -„, it• ,•-,c, _ . �, \i. \ • �;' � •a -Availability Dates o �� (2 SZ Nobuko &Gary, It was nice seeing you yesterday. I was a little surprised when we heard you went to the city this morning after our discussion at your house. Hopefullyin the sftuue Hopefully can with the communicate nowindirectly if there is an issue between us.I thought we resolved theyesterday 1) Gary acknowledged there are already trees blocking your view to the Bay that are out of both our control 2) We discussed tree removal in both our yard by the cabana(that are 10 feet higher than the cabana) and in the conservation easement to enhance your view 3) We discussed planting trees outside of our bedroom to provide privacy is l whin the limits d by We have a hearing on Aug 21 with a plan on the thatmeets all codes foot with our lne v neighbors.In an attempt Los Altos Hills. I would prefer not to get off wrong to appease your concerns,I'd like to propose the following: 1)We plant trees at a height you are comfortable with outside of our bedroom so you can retain privacy 2)We remove the cabana from our plans I think this is more than generous on our part. Hopefully you see this as a good gesture. Please let me know what you think and if you would like to discuss. •-se, Sincerely. • NOV - 2 2016 Jed v��t« ?Lea u- I), TOWN OF LOS ALTOS NMS San Francisco 49ers CJ Visit 3.3 York,Jed and Dianielle LAH Jed and danielle York reply August 8 2012.docx 12K - -- --- -- 2012�SA 9E� 5:59 York,Jed <Jed@49ers.com> mail.co 2 To: "garycleary@yahoo.com"<garycleary@Yahoo.com>,"nobukosaitocleary@9 <nobukosaitocleary@gmail.com> Thank you for the response Gary.The design of our house calls for verandas on both sides for aesthetic purposes, not to be used. I will have our architect work on some tree&window options so you both can see them next week. Safe travels. removed Danielle from the e-mail.She was pretty upset. I don't want to do anything that causes her undue stress right now. Thank yo , ,til-Availability Dates Supplemental No.1 ITEM#3.3 / Distributed 11/2/16 ' Nobuko&Gary, It was nice seeing you yesterday.I was a little surprised when we heard you went to the city this morning after our discussion at your house_Hopefully in the future we can communicate directly if there is an issue between us.I thought we resolved the issues yesterday with the following: 1)Gary acknowledged there are already trees blocking your view to the Bay that are out of both our control 2) We discussed tree removal in both our yard by the cabana(that are 10 feet higher than the cabana) and in the conservation easement to enhance your view 3) We discussed planting trees outside of our bedroom to provide privacy We have a hearing on Aug 21 with a plan that meets all codes and is well within the limits stated by Los Altos Hills, I would prefer not to get off on the wrong foot with our new neighbors.In an attempt to appease your concerns,I'd like to propose the following: 1)We plant trees at a height you are comfortable with outside of our bedroom so you can retain privacy 2)We remove the cabana from our plans 1 think this is more than generous on our part. Hopefully you see this as a good gesture.Please let me know what you think and if you would like to discuss. 1 Sincerely, Jed NOV - 2 2016 San Francisco 49ers Visit York,Jed and Dianielle CAH Jed and danielle York reply August 8 2012.docx 12K York,Jed<Jed@49ers.com> 20121F8A91J 5:59 To: "garycleary@yahoo.com"<garycteary@yahoo.com>,"nobukosaitocleary@gmail.com" <nobukosaitocleary@gmail.com> Thank you for the response Gary.The design of our house calls for verandas on both sides for aesthetic purposes, not to be used. I will have our architect work on some tree&window options so you both can see them next week. Safe travels. I removed Danielle from the e-mail.She was pretty upset. I don't want to do anything that causes her undue stress right now. Thank you,