HomeMy WebLinkAbout3.1 TOWN OF LOS ALTOS HILLS June 1, 2006
Staff Report to the Planning Commission
RE: CONDITIONAL DEVELOPMENT PERMIT FOR A NEW 4,978 SQUARE
FOOT TWO-STORY RESIDENCE WITH A 1,544 SQUARE FOOT
BASEMENT. THE PROPOSAL INCLUDES A REQUEST FOR A VARIANCE
TO ALLOW AN ENCROACHMENT INTO THE SIDE SETBACK FOR ONE
REQUIRED PARKING SPACE, ONE BAY WINDOW, ONE KITCHEN
WINDOW, AND A CHIMNEY. LANDS OF PICETTI; 12390 HILLTOP
DRIVE; (107-05-ZP-SD-GD-VAR-CDP).
FROM: Brian Froelich,Assistant Planner _VSSR�
APPROVED BY: Carl Cahill,Acting City Manager/Planning Director
RECOMMENDATION: That the Planning Commission:
Approve the requested Conditional Development Permit and Setback Variances subject to
the recommended conditions of approval and required findings in attachments 1, 2, and 3.
ALTERNATIVE: That the Planning Commission:
Continue the project and return with a new residence plan that conforms to the Town's
setback requirements.
.BACKGROUND
The subject property is located on the south side of Hilltop Drive, at the intersection of
Hillview Road and Hilltop Drive. The property has frontage on Hilltop Drive and
Hillview Road. With this application the property owner is required to dedicate
approximately a 5 foot wide portion of the property along the Hillview Road frontage to
the Town for the right of way. The right of way dedication reduces the property size to
less than one half acre, thus requiring a Conditional Development Permit. The existing
single story house and garage on the property will be demolished. One heritage oak exists
on site and it is not proposed for removal.
CODE REQUIREMENTS
The proposal requires Planning Commission review per Sections 10-1.1104 (Conditional
Development Permits) and 10-1.1103 (Variances) of the Zoning Ordinance. The Planning
Commission must make affirmative findings for the Conditional Development Permit and
Variance in order to approve the project. Findings for approval have been prepared
(Attachments #2 & #3) for the Commission's review. The Conditional' Development
Permit findings include the consideration of the size and design of the project with
respect to the size, shape and topography of the site. The Variance findings include the
Planning Commission
Lands of Picetti
June 1,2006
Page 2
evaluation 'of the physical site conditions which result in an undue hardship on the
property.
DISCUSSION
Site Data:
Gross Lot Area: .521 acres
Net Lot Area: .498 acres*
Average Slope: 9.0%
Lot Unit Factor: .498.
*Net area based on future 5.foot right of way dedication along Hillview Road.
Floor Area and Development Area:
Area Maximum 'Proposed Existing Increase Left
Development 7,080 7,080 3,871 +3,209 0
Floor 4,980 4,978 2,517 +2,461 2
Design
The-proposed two story residence and development area utilize nearly all developable
square footage for the site. The design incorporates a basement (1,544 square feet) that is
designed with the entire ceiling height below adjoining grade to exempt the square
footage from the floor area total (Section 10-1.208).
The basement level includes: one bedroom, one bathroom, a wetbar area, media room,
recreation room, and a wine cellar. The recreation room has a French door that opens to a
subterranean patio/light well (max width 8.5 feet).
The first.floor includes: two bedrooms, two and a half bathrooms, living room, family
room, dinning room,kitchen, laundry room, and three car garage.
The second floor includes: two bedrooms, two bathrooms, and a family room. The
bedrooms have balconies that face Hillview Road.
The exterior materials include smooth stucco with a stone veneer base. The roofing
material would be concrete tile.
The proposed two story residence complies with height, floor area, and development area
standards per Title 10 of the Municipal Code. The proposed maximum building height is
26' 6" at its highest measurement from the proposed building pad and has the same
overall height measurement. Per Section 10-1.505(b)(2) of the Municipal Code, roof
eaves are allowed to extend up to 4 feet into any front, side, or rear yard where the
options for siting structures are substantially constrained by existing natural features of
Planning Commission
Lands of Picetti
June 1,2006
Page 3
the lot (e.g. steep'slopes, unusual lot configuration or lot size). The building is long and
narrow and steps parallel to the required setback line, therefore, eaves extend up to two
feet into the setbacks.
Setbacks/Variance
The bulk of the proposed building complies with the minimum front, side, and rear yard
setbacks, 40 feet, 30 feet, and 30 feet respectively. However, the applicant is requesting
Variance approval for each of the following items:
1. Encroachment into the side yard setback for one bay window, one kitchen
window, and a chimney.
In order to place the chimney and the windows at the required 30 foot setback the
entire west wall of the residence would need to be placed at a distance of 32 feet from
the property line.
2. One uncovered parking space to encroach into the required 30 foot side setback.
The property is rectangular but gradually narrows to the Hilltop Drive frontage. This
frontage is where the existing and proposed site vehicular access is taken. The
narrowing reduces the width of the building area at the setback line to 35 feet. The
minimum parking space width requirement is 10 feet. Thus, only three parking spaces
can be accommodated in the building area.
In order to approve a Variance, the Planning Commission must find that there are
exceptional or extraordinary physical circumstances on the lot that create a physical
hardship for the property owner to comply with the typical standards.
5j Y prnlDue to the small lot
size and the required
Jr Setback Line five (5') foot right of
way dedication, the
building area (area
within setbacks) for
V
it
this site is reduced to
approximately 5,500
Square feet (43.5'W x
128'
comparison a
rectangular one acre
site has approximately
......... 21,000 square feet of
Site Plan
building area 0140' x
=150').
Planning Commission
Lands of Picetti
June 1,2006
Page 4
Further, the intent of setbacks is to provide an undeveloped area between residential
properties and streets. Approving the proposed encroachments would not significantly
reduce privacy or the open space benefits of the neighborhood. Also, the property owner
(Lands of Sander and Digiovanni-12380 FE11top, Drive) nearest to the proposed setback
Variance has submitted a
Wim. IM6.N
letter (Attachment #6) in
support of the proposal.
The proposed Variances are
consistent with other
Planning Commission
I t FM approvals for properties of
similar size and in this
neighborhood. Variance
Setback Line findings of approval have
RIGHT (NORTH) ELEVATION been prepared for Planning
Commission review
(Attachment#2).
Conditional Development Permit
The L.U.F. for this property is less than 0.50 and a conditional development permit is
required by Section 10-1.1107(3) of the Zoning Code. In order to grant a conditional
development permit,the Commission must make four findings specified in the Code.
Conditional development permit findings relate to the adequacy of the site to accommodate
the proposed project, creation of a harmonious project in relation to the site topography and
surroundings, minimizing alteration of the natural landscape, and compliance with
regulations of the Site Development Ordinance. The proposal is consistent with the
character of the neighborhood and the amount of development located within the setbacks is
minimal.
Lighting and Landscaping
Two skylights are proposed on the new building. Proposed building mounted lighting
complies with the Lighting Policy.
Driveway and Parking
New residences are required to provide four standard sized (10' x 20') parking spaces that
must be located within the required setbacks (Section 10-1.601).-The proposed three car
garage complies with this requirement; however, the fourth required parking space is
proposed in the required side yard setback.
Planning Commission
Lands of Picetti
June 1,2006
Page 5
Grading_and Drainage
The Engineering Department has reviewed the plans and has recommended conditions of
approval as specified in Attachment#1. All proposed grading on the site conforms to the
Town's grading policy. Proposed grading quantities for the project include 1,250 cubic
yards of cut. The building pad would be lowered to four feet below the existing grade at
the south side of the building. All of the cut material would be hauled off site.
The proposed drainage for the site involves downspouts with splash blocks and flow
away from the new residence. A drain box with a sump pump is proposed in the basement
light well/patio.
Sewer System
The property owner is required to connect to the sanitary Los Altos Basin sewer system
with this proposal(Attachment#1).
Fire Department Review
The Santa Clara County Fire Department reviewed the plans and has required that a fire
sprinkler system is to be installed throughout all portions of the building. The proposed
driveway complies with Fire Department standards.
Committee Review
The Pathways Committee has required a 10 foot wide Pathway Easement and installation
of a type 2B Pathway along the Hillview Road frontage.
The Environmental Design Committee requests that the three pine trees on site be
removed and replacement trees be proposed with the Landscape Screening Plan
(recommended condition#15).
ENVIRONMENTAL CLEARANCE(CEQA)
The proposed single family residence is categorically exempt from the provisions of the
California Environmental Quality Act by provision of Section 15303, Class 3 (a):
"Class 3 consists of construction and location of limited numbers of new, small
facilities or structures..."
"(a) One single family residence, or a second dwelling unit in a residential zone.
In urbanized areas, up to three single-family residences may be constructed or
converted under this exemption.
Planning Commission
Lands of Picetti
June 1,2006
Page 6
ATTACHMENTS
1. Recommended conditions of approval
2. Recommended findings for the Variance
3. Recommended findings for the Conditional Development Permit
4. Conditional Development Permit Informational Form
5. Variance Informational Form
6. Applicant's findings for the Variance
7. Applicant's findings for the Conditional Development Permit
8. Neighbor letter of support
9. Development plans (Commission only)
cc: Mike Picetti Daryl Harris
11557 Upland Court 10091 Streeter Road Ste. 13
Cupertino, CA 95014 Auburn, CA 95602
Planning Commission
Lands of Picetti
June 1,2006
Page 7
ATTACHMENT I
RECOMMENDED CONDITIONS FOR A CONDITIONAL DEVELOPMENT PERMIT
AND A VARIANCE FOR A NEW RESIDENCE
LANDS OF PICETTI, 12380 HILLTOP DRIVE
File#107-05-ZP-SD-GD-VAR-CDP
A. PLANNING DEPARTMENT:
I No other modifications to the approved plans are allowed except as
otherwise first reviewed and approved by the Site Development Authority.
2. After completion of rough framing and prior to the time of the pre-rough
framing inspection by the Planning and Engineering Departments, the
applicant shall submit a landscape screening and erosion control plan for
review by the Site Development Committee. Particular attention shall be
given to plantings which will be adequate to break up the view of the new
residence from surrounding properties and streets. Particular attention shall
be paid to landscaping that will help break up the view of the house from
the adjacent property nearest to the reduced setbacks. ' 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.
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 beginning any grading operation, all significant 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.
5. Prior to requesting the foundation inspection, a registered civil engineer
or licensed land surveyor shall certify in writing and state that"the location
of the new residence and roof eaves are no less than* 40'from the front
property line and 30'from the side and rear property lines." (except as
Planning Commission
Lands of Picetti
June 1,2006
Page 8
approved with a Variance) The elevation of the new residence 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 foundation inspection.
6. Prior to requesting the final framing 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. structure." The applicant shall _submit the stamped and signed
letter(s) to the Planning Department prior to requesting a final
framing inspection.
7. Any decomposed granite paths added to the site plan shall not exceed 4'
wide.
8. The existing pool equipment shall be enclosed on all four sides with a roof
for noise mitigation and screening.
9. Air conditioning units (if utilized) shall be located a minimum of 40' from
the front property line and 30' from the side and rear property lines.
10. Outdoor lighting is approved as shown on the approved plans. No lighting
may be placed within setbacks except two entry or driveway lights.
Lighting shall be down shielded, low wattage, shall not encroach or reflect
on.adjacent properties, and the source of the lighting shall not be visible
from off the site. Any additional outdoor lighting shall be approved by the
Planning Department prior to installation.
1l. Fire retardant roofing (Class A or alternate if approved by the Building
Official)is required for all new construction.
12. 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.
Planning Commission
Lands of Picetti
June 1,2006
Page 9
13. Any new fencing or gates shall require review and approval by the Planning
Department prior to installation.
14. All properties must pay School District fees to either the Los Altos School
District or the Palo Alto Unified School District, as applicable, before
receiving their building permit from Los Altos Hills. The applicant
must take a copy of Worksheet #2 to school district offices (both the
elementary and high school offices in the Los Altos School District), pay
the appropriate fees and provide the Town with a copy of their receipts.
15. The applicant shall remove the three existing pine trees onsite prior to
scheduling a Landscape Screening public hearing. Replacement trees shall
be reviewed with the Landscape Screening plan.
B. ENGINEERING DEPARTMENT:
16. 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.
17. 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.
18. All public utility services serving this property shall be placed underground.
19. At the time of foundation inspection for the new residence and prior to
final inspection, the location and elevation of the new residence shall be
certified in writing by a registered civil engineer or licensed land surveyor
as being in/at the approved location and elevation shown on the approved
Site Development plan. At the time of framing inspection for the new
residence, the height of each building shall be similarly certified as being at
the height shown on the approved Site Development plan.
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
Planning Commission
Lands of Picetti
June 1,2006
Page 10
comply with all appropriate requirements of the Town's NPDES permit
relative to grading and erosion/sediment control. The first 100 feet of the
driveway shall be rocked during construction and all cut and fill slopes
shall be protected from erosion. All areas on the site that have the native
soil disturbed shall be protected for erosion control during the rainy season
and shall be replanted prior'tofinal inspection.
21. 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 Hilltop
Drive and Hillview 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 Los Altos Garbage Company for the debris box, since they
have a franchise with the Town and no other hauler is allowed within the
Town limits.
22. 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.
23. The property owner shall dedicate a 30' wide half-width public right of
way to the Town over Hillview Road. The property owner shall provide
legal description and plat exhibits that are prepared by a registered civil
engineer or a licensed land. surveyor and the Town shall prepare the
dedication document. The dedication document, including the approved
exhibits, shall be signed and notarized by the property owner and returned
to the Town prior to submittal ofplans for building plan check.
24. 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.
25. The property owner shall be required to connect t*o the public sanitary sewer
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. A copy of a permit from the City of Los
Altos shall be required to be submitted to the Town prior to submittal of
plans for building plan check.
Planning Commission
Lands of Picetti
June 1,2006
Page 11
26. The property owner shall dedicate a 10' Pathway Easement adjacent to
the Hillview Road public right of way. 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 submittal ofplans far building plan check
27. The property owner shall construct a type 2B pathway along Hillview Road
to meander where necessary,prior to final inspection.
C. FIRE DEPARTMENT
28. The driveway shall be a minimum of 14 feet wide, shall have a vertical
clearance of 13 feet six inches.
29. The property address shall be placed on the property so that it is clearly
visible and legible from Hilltop Drive. The address numbers shall be a
minimum of four inches high and shall contrast with the background color.
30. Prior to final inspection, the applicant shall install a fire sprinklering system
and/or install fire hydrants to assure that adequate flow is available to the
residence. The design and type of fire protection shall be reviewed and
approved by the fire department prior to acceptance of plans for building
plan check.
31. The required driveway installations shall be in place, inspected, and
accepted by the Fire Department prior to the start of construction. Bulk
combustible construction materials may not be delivered to the construction
site until installations are completed as stated above.
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.
CONDITION NUMBERS 14, 169 20, 21, 22, 23, 25, 26, AND 30 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.
Planning Commission
Lands of Picetti
June 1,2006
Page 12
Properties residing within the Los Altos School District boundaries must pay School
District fees before receiving their building permit from Los Altos Hills. The
applicant must take a copy of Worksheet#2'to both the elementary and high school
district offices, pay the appropriate fees and provide the Town with a copy of their
receipts.
NOTE: The Site Development permit is valid for one year from the approval date (until
June 1, 2007). All required building pen-nits 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.
Planning Commission
Lands of Picetti
June 1,2006
Page 13
ATTACHMENT 2
RECOMMENDED FINDINGS FOR APPROVAL OF A VARIANCE TO ALLOW
ENCROACHMENTS AND PARKING WITHIN THE SETBACK, AND TO ALLOW
SUBSTANDARD SIZE PARKING SPACES
LANDS OF PICETTI— 12390 HILLTOP DRIVE
1. Because of exceptional and extraordinary circumstances applicable to the subject
property, including size, shape, topography, location or surroundings, the strict
application of the provisions of this Title is found to deprive such property of
privileges enjoyed by other properties in the vicinity and under identical zoning
classification;
The variance request is to locate a 2' x 5' chimney, a 2' x 13.5' bay window, a l' x
8' kitchen window and 10' x 20' uncovered parking space in total covering 241.5
sq. ft. of development area within the side yard setback. Due to the substandard lot
size and the required setbacks, the average width of the building site is 45',
substantially less than the width of most one acre properties. The applicant has
designed the footprint of the new residence to comply with the required setbacks.
However, the width of four standard parking spaces cannot fit within the 35'
width of the setback at the northside of the property. Four parking spaces require a
40' width. Further, in order to place the chimney and windows 30' from the
property line, the entire west side of the house will have to step back from the side
property line by an additional two feet, placing an unnecessary hardship on the
property owners.
2.. Upon the granting of the valiance, the intent and purpose of the applicable sections
of the Zoning Ordinance will still be served and the recipient of the valiance will
not be granted special privileges not enjoyed by other surrounding property owners.
The granting of the variance would serve the intent and purpose of the Zoning
ordinance because the applicant is substantially reducing the existing
nonconformity on the property. The building setbacks will increase from the
existing 14' and 19' to be in compliance with Code requirements. The applicant
will not be granted special privileges not currently enjoyed by other surrounding
property owners because the two foot setback reduction is for minor accessory
features (fireplace chimney, and windows) and the uncovered parking space
cannot be located within the setback because of the width of the property. A
number of surrounding properties currently have existing legal nonconforming
structures encroaching within the setbacks.
Planning Commission
Lands of Picetti
June 1,2006
Page 14
3. The granting of such variance will not be materially detrimental to the public
welfare or injurious to the property, improvements or uses within the immediate
vicinity and within the same zoning district.
The granting of this variance does not appear to be materially detrimental or
injurious to other property owners. The encroachment of the chimney, windows,
and uncovered parking space will not substantially increase the bulk of the new
residence and will not result in negative visual impacts to the adjacent neighbors.
4. The variance will not authorize a use'or activity which is not otherwise expressly
authorized by the-Zoning District regulations governing the parcel of property.
The granting of the variance will not allow a use or activity that is not expressly
authorized by the Zoning Ordinance. The use of a chimney, windows, and a fourth
parking space are consistent with the residential zoning designation of the property.
Planning Commission
Lands of Picetti
June 1,2006
Page 15
ATTACHMENT 3
LANDS OF PICETFI— 12390 HILLTOP DRIVE
CONDITIONAL DEVELOPMENT PERMIT FINDINGS
I The site for the proposed development is adequate in size, shape, and topography
to accommodate the proposed intensity of development, including all structures,
yards, open spaces,parking, landscaping, walls and fences, and such other
features as may be required by this chapter.
The new two-story residence on this .498 acre parcel has been designed to fit
within the floor area, development area, building height limits, and site
topography. Four required parking spaces are provided. However, due to the
small size of the lot, a chimney, two windows, and one uncovered parking space
on the west side of the house will encroach within the side yard setback and
require a variance.
2. The size and design of the proposed structures create a proper balance, unity and
harmonious appearance in relation to the surrounding neighborhood
The applicant is proposing to remove the existing nonconforming structure. The
existing single story home currently encroaches in the east and west property line
setbacks by up to 19' and will be replaced by a new two-story residence that
complies with the Town's setback requirements except for a chimney, two
windows, and an uncovered parking space on the west side of the house. The
increased building setback will provide additional open space between the homes
and is compatible with the rural character of the site and the neighborhood.
3. The rural character of the site has been preserved as much as feasible by
minimizing vegetation and tree removal, excessive and unsightly grading and
alteration of natural land forms.
Existing trees and shrubs will be preserved as much as possible. A landscape
screening plan required under Condition #2 will ensure that existing trees and
shrubs will be supplemented by new landscaping to adequately screen the new
residence, soften its visual impact, and preserve the rural character of the site.
4. The proposed development is in compliance with all regulations and policies set
forth in the Site Development ordinance.
The proposed residence is in compliance with all regulations and policies set forth
in the Site Development Ordinance except for a chimney, two windows, and a
parking space that encroaches into the side yard setback and requires a variance.
LOSALTOS HILLS' ATTACHMENT
CALIFORNIA CONDITIONAL DEVELOPMENT PERMIT
NOTE: A Pre-Submittal meeting with a Planner is the first step in the application
process. This meeting is REQUIRED.
This Application packet provides the information necessary to apply for a Conditional
Development Permit for any improvements to property that has a Lot Unit Factor of less
than 0.50. The Conditional Development Permit provides an additional level of review
for development on very small lots or lots with steep terrain or other constraints.
CONDITIONAL DEVELOPMENT PERMIT APPLICATION
A Conditional Development Permit is required any time a proposed project is located on
a property with a lot unit factor of 0.50 or less. The Planning Commission, in reviewing
a Conditional Development Permit application, determines whether the proposed level of
development is appropriate, based on the design, and how it fits the site and the
surrounding neighborhood.
In addition, the Planning Commission has the authority through the permit process to
restrict the Maximum Floor Area (MFA) and Maximum Development Area (MDA) to
levels it feels is appropriate for the property. The 5,000 SF of MFA and 7,500 SF of
MDA generally allowed for any lot in Town are not guaranteed for a Conditional
Development Permit lot.
APPLICATION PROCESS AND REQUIREMENTS
The application requirements for a Conditional Development Permit are generally the
same as those for any other Site Development Permit. A complete application includes
all of the information required by the Planner as indicated on the Application Checklist
completed at the Pre-Submittal meeting. A complete application includes submittal of
FINDINGS in support of the Conditional Development Permit.
Processing Applications Simultaneously
In order to expedite the processing of all necessary permits, your applications for Zoning
Permit, Site Development Permit, Conditional Development Permit, and any necessary
Variance or Conditional Use Permit, will be processed simultaneously. The applications
will be scheduled for the same Planning Commission agenda. Plans submitted should be
titled "Conditional Development Permit and Site Development Plan".
26379 Fremont Road
Los Altos Hills
California 94022
Rev.7/12/02
Planning Department Review
Once accepted, the application is reviewed to assure that it is complete and complies with
all aspects of the Zoning Ordinance. This process.usually takes two to four weeks. The
Conditional Development Permit application will be*routed to reviewing agencies which
may include the Engineering Department, Fire Department, Santa Clara Valley Water
District, Town Geologist, Pathways Committee and Environmental Design & Protection
Committee.
Planning Commission Hearing
Once comments and recommendations are received from reviewing agencies, the
application is scheduled for a public hearing before the Planning Commission (usually six
to eight weeks from date of submittal). The Planning Department prepares a staff report
and the Planning Commission ho Ids a public hearing, considers evidence in support of
the necessary findings, Section 10-1 .1107 1 (c) of the Zoning Ordinance, and either grants
or denies the permit on the basis of the.findings.
City Council Concurrence with Planning Commission Decision
The decision of the Planning Commission will appear on the consent calendar of the City
Council for concurrence at their next regularly scheduled meeting, usually three weeks
later. If the Council concurs with the Planning Commission action, and no member of
the public files an appeal of the Commission decision within 22 working days, the
process is complete. If any member of the Council wishes to appeal the decision,,or any
member of'the public files an appeal within the period between the Commission-and
Council meetings, the item will be scheduled for public hearing before the City Council.
Once the City Council has made a decision,,the process is complete.
-2- Rev.7/12/02
i .
FINDINGS
The findings for a Conditional Development Permit are as follows:
1. The site for the proposed development is adequate in size, shape, and
topography to accommodate the proposed intensity of development,
including all structures, yards, open spaces,parking,'landscaping, walls,
and fences, and other such features as may be-required by this chapter;
2. The size and design of the proposed structures create a proper balance,
unity and harmonious appearance in relation to the size, shape, and
topography of the site and in relation to the surrounding neighborhood;
3. The rural character of the site has been preserved as much as feasible by
minimizing vegetation and tree removal, excessive and unsightly grading
and alteration of natural land forms.
4. The proposed development is in compliance with all regulations and
policies set forth in the Site Development Ordinance.
-3- Rev.7/12/02
ATTACHMENT
Variance
In order tofile-an application for a variance,you mustflrst.schedule an appointment
with a Planner for a pre-application meeting. Applications cannot be submitted
without the pre-application meeting and checklist completed at the meeting.
A variance is a procedure established by State law and included in the Town's Zoning
Ordinance that allows an applicant to request an exception from the Zoning standards
that apply to their property. There are situations when strict application of Zoning
standards, such as setbacks, height, MDA, UFA, grading or parking, may be
inappropriate because of special or extraordinary conditions existing on the property.
Where special or extraordinary circumstances of the property (including size, shape,
topography and existing development) make it virtually impossible to develop the site
within the standards of the zoning and site development ordinances, the variance
procedure allows for discretion and flexibility from the normal standards.
This application packet provides the information necessary to apply for a variance to
exceed any aspect of the Zoning and Site Development Ordinances. Any other permits
necessary for the project will not be issued until a variance has been approved.
WHEN A VARIANCE IS REOUIRED:
A variance is required if the project you are proposing exceeds the maximum height
envelope, setbacks, Maximum Development Area (MDA), minimum parking
requirement, grading or foundation restrictions, or any other requirement of the Zoning
and Site Development Ordinance. A variance is a special exception from the ordinance.
Before applying for a variance, you should first attempt to design a project that complies
-with the ordinance. You should'also review the attached findings required for approval
of a variance, noting that ALL of the required findings must be made by the decision-
making body in order to approve a variance.
MINOR VARIANCES:
The Zoning Ordinance provides for staff approval of minor variances. While a public
hearing is still required for minor variances, the processing time is shorter and the fees
are lower than for other variance applications. As provided for in the Zoning Ordinance,
the Planning Director shall act as the permitting body for all applications involving the
following:
1. Maximum Development Area (MDA): Requests to exceed the MDA by 250
square feet or less;
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Variance Application Information Packet Rev.8/1194
2. Maximum Floor Area (MFA): Requests to exceed MFA by 150 square feet or
less;
3. Setbacks: Requests for encroachment into any setback of two feet or less and
measuring less than 150 square feet of area;
4. Fences and Walls: Requests to locate fences on the roadway side of the
"reference line" defined-in Section 10-1.504(d)(1).
THE PLANNING COMMISSION ACTS AS THE PERMITTING AUTHORITY
FOR ALL OTHER VARIANCE APPLICATIONS.
APPLICATION PROCEDURES:
In order to file a variance application, you must first schedule an appointment with a
Planner for a pre-application'conference. The Planner can advise you regarding
previous precedent for approval or denial of projects similar to your proposal, and
answer questions you may have about the process. At the pre-application meeting, the
Planner will complete a checklist of information you must submit with your application.
Incomplete applications, that is, those missing the checklist or any of the required
materials, will not be accepted. An appointment should also be scheduled for submittal
of the application.
Once your application has been accepted, it will be reviewed by the Planning
Department to assure that the variance is correctly described, and that your project
otherwise complies with all other aspect of the Town ordinances. This review usually
takes one to two weeks. If your 'application must be heard by the Planning Commission
(all variance applications other than Minor Variances), it will be routed to reviewing
departments or agencies for *their comments. These. agencies may include the
Engineering Department, Fire Department, Health Department, Santa Clara Valley
Water District and the Town Geologist. The review period for other departments or
agencies is two weeks. If your application is complete when submitted, Zoning review
and review by other agencies will be done in two to three weeks. Once the application is
cleared by all reviewing agencies, your application will be scheduled for a public
hearing. The Planning Commission meets twice monthly. It usually takes six to eight
weeks from the date your application is submitted to be placed on a agenda.
-2-
Variance Application Information Packet Rev.9/1/94
DECISION-MAKING PROCESS
Minor Variance Decision-Making Process: Staff will visit the site and prepare an
analysis of the findings in writing prior to the public hearing. At the public hearing, the
Staff Committee will consider the evidence in support of the necessary findings of
Section 10-1.1107 (b), and either grant or deny the variance on the basis of the findings.
The public hearing will be held about two weeks after the review period ends, to allow
time of the required public notices of the hearing to be sent.
Planning Commission Variance Decision-Making Process: Once the zoning review is
completed and all comments and recommendations are received from Los Altos Hills
and other agencies, the application will be scheduled for public hearing by the Planning
Commission. The Planning Department prepares a staff report and recommendation and
the Planning Commission holds a public hearing, considers the evidence in support of
the necessary findings of Section 10-1.1107 (b), and either.grants or denies the variance
on the basis of the findings. It will take usually two to three weeks from the time the
Zoning review is complete to the time the Planning Commission holds a hearing on the
application.
City Council Decision: The decision of the Planning Commission or the Planning
Director will appear on the consent calendar of the City Council for concurrence at their
next regularly scheduled meeting, generally one to two weeks after the Planning
Commission hearing.
If the Council concurs with the Planning Commission action, and no member of the
public, including the applicant, files an appeal of the Commission decision within 10
working days the process is complete. If any member of the Council wishes to appeal
the decision, or any member of the public, including the applicant, files an appeal within
10 working days of the Planning Commission's decision, the item will be scheduled for a
public hearing before the City Council. Once the City Council has made a decision, the
process is complete.
PROCESSING APPLICATIONS SIMULTANEOUSLY
To expedite the processing of all necessary permits, you may file simultaneously for
zoning permit, site development permit, conditional development permit (if applicable)
and variance. These applications will be processed concurrently and will be scheduled
on the same Planning Commission agenda. Plans submitted should be titled "Variance
and Site Development Plan".
-3-
Variance Application Information Packet Rev.811194
REQUIREMENTS FOR A VARIANCE APPLICATION:
Minor Variance: When filing for a Minor Variance, three sets of plans are required. If
you wish to have your Site Development Permit processed simultaneously with your
variance application, you must submit three sets of plans for administrative-level
development or five to six sets of plans for committee-level site development. You are
required to submit a letter or statement addressing the variance findings. Your
statements should specifically discuss the justifications or reasons why the variance
should be granted and how your application meets ALL of the required findings.
Planning Commission (Major)Variance: Five sets of plans are required with the initial
submittal for an application for a Variance that must be approved by the Planning
Commission. Prior to the public hearing lO additional sets of plans will be needed. The
e
plans and'4pplication must contain all of the items listed on the checklist completed by
the Planner at the pre-application meeting. Plans should be bound and folded to 8 1/2 X
11 size. A statement addressing the required Findings is also required.
Note: Both minor and major variance applications require submittal of a mailing list
and labels for property owners within 500 feet of the property the variance is
being requested for. There is a separate informational handout describing the
requirements for the mailing list.
-4-
Variance Application Information Packet Rev.8/1/94
FINDINGS
The findings for a Variance are as follows:
1. Because of exceptional or extraordinary circumstances applicable to the subject
property, including size, shape, topography, location, or surroundings, the strict
application of the ordinance is found to deprive the property of privileges
enjoyed by other properties in the vicinity and under identical zoning
classifications:
2. That upon granting of the Variance, the intent and purpose of the ordinance will
still be served and the recipient of the Variance will not be granted special
privileges not enjoyed by other surrounding property owners:
3. That granting the Variance will not be materially detrimental to the public
welfare or injurious to the property, improvements or uses within the immediate
vicinity and within the same zoning district:
4. That the Variance will not allow a use or activity which is not expressly
authorized by the Zoning Ordinance:
Variance Application Information Packet Rev.811194
'
,
ATTACHMENT
/-
' ^^ ^=~^ ""'�-'� «8�����` L�7
�ASSOCIATES
May 25i 2006
Los Altos Hills Planning Department
Re: PROPOSED P![JETT| RESIDENCE
1233OHilltop Drive, Los Altos Hills, CA
The findings for aVariance are as fmUovvg:
1. The 21,669 square foot lot slopes up from Hilltop Drive roughly 16 feet from the North lowest corner to the
South highest comer and is trapezoidal shaped with a fairly narrow end that has a 30 foot side yard
setback and a30foot side street setback. The site lost 5feet|n width due to a required street dedication.
Because ofthe shape ofthe lot,topography and street dedication, the p 'ec±propogeotoenunoecha||oht|v
into the side setbacks with the roof overhang, e bay window, a kitchen window projection, achimney and
|
the fourth parking space. The garage width asproposed hu30'-0"wide measured from the outside inorder
to reduce the impact of the three car garage.
2. The existing residence on this property encroaches 19'-0"into the side setback and 14''O"into the side
street setback.This project pnoposmahmromovethaexieUngnon-conforminQconatruotonandmap|aced
with a structure that is in balance and harmony with the site and surrounding neighborhood. The requested
encroachments are very small compared tmthe size of the project andto the size mfthe existing
encroachments. The size u1the proposed encroachments are:
a' Chimney: 1Osquare feet
b' Bay window:23square feet
o' Kitchen windowpop-out: 8square feet
d' Parking space: 9'-O"x1G^-O"
o. Roof overhang: i8"
3. The granting of this variance request will not be detrimental to the public welfare because the proposed
project d�
dr� aUyreduoeathee�stingnon-coAforningconadructionandbringa1he projectmnon* in |inewbh
the
intent ofthe Zoning Ordinance-that the project conforms to the character of the surrounding
neighborhood.
4. The use tfthe property proposed kwtoremain residential and kainfull compliance with the use authorized
by the Zoning Ordinance.
Sincerely,
(tz
J �e����m ��
! . , -^' Architect
10091 u\ree\urmad.ouitu 13 auburn, oa858O8phone (580) 2O0'8O55tax (S3O) 268'2087 rhoxuoc@oboObbainot
Page 1of1
SWACHMENT
1� 19 Z06
May 18,2006 04,E 0�LOa ,l.��5 jLL
Planning Department
263' 9 Frera;nt Rd.
Los Altos,CA.
Re: 12390 Hilltop Dr.Application for new single family residence-
I/we have reviewed the plans being proposed for the new home on the adjacent property. I/we
support the proposed plans as submitted.
Along common property line arec3 small T encroacbments into the 30'side setback.. Uwe bave
reviewed the encroacbments and do not object this condition..
Sincerely,
Address:
j z.s'cY L-1,it s 0
Address:
r '-j'/^/fes/►