HomeMy WebLinkAboutItem 3.23.2
TOWN OF LOS ALTOS HILLS June 7, 2007
Staff Report to the Planning Commission
SUBJECT: SITE DEVELOPMENT PERMIT FOR A LANDSCAPE SCREENING PLAN.
LANDS OF ESHGHI AND DOROODIAN, 13530 FREMONT ROAD. (FILE
#58-07-ZP-SD)
FROM: Nicole Horvitz, Assistant Planner 15W
APPROVED BY: Debbie Pedro, AICP, Planning Director
RECOMMENDATION That the Planning Commission:
Approve the requested Site Development Permit for a landscape screening plan, subject to the
attached conditions of approval in Attachment 1.
BACKGROUND
This project was continued from the May 3, 2007 Planning Commission meeting.
On April 14, 2005, the Planning Commission approved a Conditional Development Permit and
variance for a two story new residence. (File # 168-04-ZP-SD-GD-CDP-VAR) The .4547 acre lot
is located at the northeast comer of the intersection of Fremont and Burke Roads.
Conditions of approval # 2 require the landscape screening plan for the new residence to be
reviewed by Planning Commission (Attachment 7).
DISCUSSION
Article 8 of the Site Development Code addresses landscaping to maximize compatibility of
development with the natural environment and to ensure that structures, as viewed from off-site,
blend harmoniously with the natural landscape and are unobtrusive.
LANDSCAPE SCREENING PLAN
The screening proposal includes:
• 73 Shrubs and 8 trees of various species along the Burke and Fremont Road frontages
• 39 English Laurel shrubs, 3-24 gallon Camphor Trees, and 1-24 gallon Magnolia Tree
along the north property line
37 English Laurel shrubs and 11 trees of various species along the east property line
Planning Commission
Lands of Eshghi & Doroodian
13530 Fremont Road
June 7, 2007
Page 2 of4
All proposed landscaping has been installed. A number of the proposed shrubs and ground cover
are located in the right of way. The applicant has provided in writing from a state licensed
engineer that "the plantings for the Eshgbi Project within the right of way or public utility
easements, when mature, will grow to approximately 3' ft in height above ground and the non-
evasive roots should not pose a problem to under ground utilities, based on this information the
proposed plantings will not negatively impact the available sight distance for traffic on adjacent
roadways or block existing pathways or roadways." (Attachment 2) If they exceed this height the
plantings will be considered public nuisances per Section 12-2.20 (Attachment 3) of the
Municipal Code and will be required to be removed, Condition of Approval # 6. (Attachment 1)
The Environmental Design Committee provided comments on April 23, 2007 (Attaclunent 4)
that were forwarded to the property owner. The Committee noted the proposed plantings were
already installed. Some of the types of plants chosen by the applicant require the need for shade,
some need more water than others, and the proposed plantings will need a lot of care and
attention during the first year. The Committee also commented that the existing light fixture over
the garage door is clear glass. According to condition # 6 of the new residence permit (File #
168-04-ZP-SD-GD-CDP-VAR) "Lighting shall be down shielded, low wattage, shall not
encroach or reflect on adjacent properties, and the source of the lighting fixture shall no be
visible from off the site. The glass on the proposed light fixtures shall have frosted or opaque
covers." Staff inspected the property on April 30, 2007 and confirmed that the light fixtures have
been modified to comply with the Towns Outdoor Lighting Policy.
On April 19, 2007, the applicant submitted a letter signed by sixteen (16) neighbors supporting of
the proposed landscape screening plan (Attachment 5).
ATTACHMENTS
1. Recommended conditions of approval
2. Letter from Lu agia Taylor Inc, Civil Engineer dated April 23, 2007
3. Section 12-2.206 of the Los Altos Hills Municipal Code
4. Environmental Design and Protection Committee Comments dated April 23, 2007
5. Letter signed by neighbors dated April 19, 2007
6. Minutes from the April 14, 2005 Planning Commission Meeting Approved May 12, 2005
7. Conditions of Approval for new residence (File # 168-04-ZP-SD-VAR-CDP)
8. Plans (for Commissions Review)
Pl.in gCA ission
Lands of Efthi & Doroodian
13530 Fremont Road
June 7, 2007
Page 3 of 4
ATTACHMENT 1
RECOMMENDED CONDITIONS FOR A LANDSCAPE SCREENING PLAN
LANDS OF ESHGHI AND DOROODIAN, 13530 FREMONT ROAD
File #58-07-ZP-SD
A. 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. No new additional outdoor lighting has been approved. Any new lighting shall be
approved by the Planning Department, prior to installation. Lighting shall be the
minimum needed for safety, 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. The light fixture on the garage and front door entrance shall have frosted
glass.
3. No new fences are approved. Any new fencing or gates shall require review and approval
by the Planning Department prior to installation.
4. A landscape maintenance deposit of $5,000.00 shall be posted prior to final inspection of
the residence. An inspection of the landscape to ensure adequate establishment and
maintenance shall be made two years after installation. The deposit will be released at
that time if the plantings remain viable.
S. All landscaping required for screening purposes or for erosion control, as determined by
the City Engineer, must be installed prior to final inspection.
6. The ground cover and low -growing shrubs located in the right of way along
Fremont and Burke Roads shall not be higher then 3 feet at maturity.
B. ENGINEERING DEPARTMENT:
7. Any revisions or additions to the previously approved grading and drainage plan shall be
submitted for review by the Engineering Department. The plan shall be reviewed by the
Engineering Department and approved prior to commencement of this project. The
approved plan shall be stamped and signed by the project engineer and shall supersede the
previously approved drainage plan.
Planning Commission
Lands of Eshghi & Domodian
13530 Fremont Road
June 7, 2007
Page 4 of 4
8. No grading shall take place during the grading moratorium (October 15 and April 15)
except with prior approval from the City Engineer. No grading shall take place within ten
feet of any property line.
9. If any trees or large shrubs are proposed to be planted within the right of way or public
utility easements, a letter shall be required to be submitted which has been stamped and
signed by a registered civil engineer verifying that the proposed plantings, when mature,
will not conflict with any existing public utilities that are located either underground or
overhead and will not negatively impact the available sight distance for traffic on the
adjacent roadways or block existing pathways or roadways. The letter shall be required to
be submitted to the Engineering Department prior to final project approval and prior to
commencement ofplanting.
10. Any, and all, areas on the project site that have the native material disturbed shall be
protected for erosion control during the rainy season and shall be replanted prior to final
inspection.
11. All irrigation systems must be located at least five feet from the Town's pathways and
outside of the public right of way and public utility easements. The Town staff shall
inspect the site and any deficiencies shall be corrected to the satisfaction of the
Engineering Department prior to final inspection.
04/24/2007 13:29 6506529596
L T I
PAGE 01/01
ATTACHMENT 2
Northern Callao rola
1060 EI Camino Peal, Suite 500
RECEIVED
Burlingame, California 940t0
LUZIIRIAUA
TAYLOR, INC.
Tel 650.652.9590
Civil Engineers • Land Surveyors
Fax 650,652.9596
APR 2 2007
Southern California
TOWN OF LOS ALTOS HILLS
26440 La Alameda, Suite 310
Mission Viols, CA 92691
TO 949.348.2882
Fax 949.348.2772
Memorandum
DATE:
April 23, 2007
Job #:
040203
TO
John Chau
SUBJECT:
Eshghl Residence
Town of Los Altos Hills
13530 Fremont Road
Los Altos Hills, CA
FROM:
Travis Lutz
co:
John,
The landscape installer has verified that all planting within the public utility easements andlor public right-of-way
was confined to small shrubs that when mature, will grow to be approximately 3ft in height above ground and the
mmavastve roots should not pose a problem to any under ground ulllittes. Based on this information the
proposed planting will not negatively impact the available sight distance for traffic on the adjacent roadways
or block existing pathways or roadways.
David Luzuriaga, P. EDAP
Sec. 12-2.206. Public nuisances: Enumerated. Page 1 of 1
ATTACHMENT3
TITLE 12 PARKS AND RECREATION
CHAPTER 2. TREES SHRUBS AND PLANTS`
Sec. 12-2.206. Public nuisances: Enumerated.
The following are hereby declared to be public nuisances:
(a) Any dead, diseased, infested, or drying tree in any street or on any private property so near to
any street as to constitute a danger to street trees, or streets, or portions thereof;
(b) Any tree or shrub on any private property or in any street of a type or species apt to destroy,
impair, or otherwise interfere with any street improvement, sidewalk, curb, approved street tree,
gutter, sewer, or other public improvement, including utility mains or services: or
(c) Any tree limb, shrub, or plant reaching a height more than three (3') feet above the street
center adjacent thereto, except tree trunks having no limbs lower than nine (9') feet above the
street center, within the thirty (30') foot triangle of private property at the intersection on any
streets improved for vehicular traffic;
(d) Vines or climbing plants growing into or over any street tree, public hydrant, pole, or
electrolier,
(e) The existence of any tree which is infested or infected, or in danger of becoming infested or
infected, with objectionable insects, scale, fungus. or growth injurious to trees;
(f) The existence of any branches or foliage which interfere with the visibility of, or free use of. or
access to any portion of any street improved for vehicular or pedestrian travel;
(g) Hedges or dense thorny shrubs and plants on any street, or portion thereof,
(h) Shrubs and plants more than two (2') feet in height in any street measured above the top of
the street center, and
(i) Any weed or dangerous or obnoxious plant.
(§ 5, Ord. 20; § 1 (part), Ord. 332, eff. June 1990)
http://www.bpenet.com/codesAosaltoshills/_DATAMTLE 121CHAPTER_2_TREES_S... 4/24/2007
ATTACHMENTL,
RECEIVED
Environmental Design and Protection Committee
APR 2 3 2007
Landscape/ Hardscape Evaluation
Applicant Date 69 9* ALTOS HILLS
Name
Address 1 3 5-3 O T�onl'T RA-A�
Reviewed by: tl
•
Creeks, drainage, easements:
Planting Plan:
Significant issues/comments:
page \
ATTACHMENT5
To the members of the Planning Commission, Los Altos Hills
We have reviewed the Eshghi Family's landscape work done at their new
home at the corner of Burke Rd. and Fremont Rd., at 13530 Fremont Rd.
We fully support this landscape plan and would like to see the Planning
Commission approve it. Thank you.
RECEIVED
APR 19 2001
�05C ).
To the members of the Planning Commission, Los Altos Hills
We have reviewed the Eshghi Family's landscape work done at their new
home at the corner of Burke Rd. and Fremont Rd., at 13530 Fremont Rd.
We fully support this landscape plan and would like to see the Planning
Commission approve it. Thank you.
To the members of the Planning Commission, Los Altos Hills
We have reviewed the Eshghi Family's landscape work done at their new
home at the corner of Burke Rd. and Fremont Rd., at 13530 Fremont Rd.
We fully support this landscape plan and would like to see the Planning
Commission approve it. Thank you. e S
RECEIVED
;WR 19 2007
ATTACHMENT(p
Minutes of a Regular Meeting Approved 5/12/05
Town of Los Altos Hills
PLANNING COMMISSION
Thursday, April 14, 2005, 7:00 p.m.
Bullis School Multi -Purpose Room, 25890 Fremont Road
cc: Cassettes (1) #5-05
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
The Planning Commission regular meeting was called to order at 7:00 p.m. in the Bullis School
Multi -Purpose Room.
Present: Chairman Kerns, Commissioners Collins, Carey, Cottrell & Clow
Staff: Carl Cahill, Planning Director; Debbie Pedro, Senior Planner; Leslie Hopper, Project
Planner; Brian Froelich. Assistant Planner; Lani Smith, Planning Secretary
2. PRESENTATIONS FROM THE FLOOR -none
3. PUBLIC HEARINGS
3.1 LANDS OF ESHGHI & DOROODIAN, 13530 Fremont Road (168-04-ZP-SD-
CDP-VAR); A request for a Site Development Permit and a Conditional
Development Permit for a 4,323 square -foot new residence (maximum height 27
feet), and a Variance to allow the required parking area to encroach in the rear
yard setback (staff -Leslie Hopper) (continued from January 27, 2005).
Commissioner Carey stepped down from the hearing due to the proximity of his residence to the
project site.
Staff introduced this item by reviewing the staff report and the changes that the applicants have
made to their plans in response to the January 27m Planning Commission direction. They have
eliminated the pool in order to comply with the setbacks. Staff felt the current variance request
to allow the required puking area to encroach in the rear yard setback along with the landings
for the doors was justified. Staff is recommending approval of the Site Development Permit, the
Conditional Development Permit and the requested variance.
OPENED PUBLIC HEARING
Mr. Eshghi, applicant, felt the new design fits Los Altos Hills. He addressed the previous
concems of the neighbors stating they have met with 17 neighbors who now support the revised
Plans.
Bart Carey, Deerfield neighbor, voiced support of the project
Planning Commission Minutes
April 14, 2005
Page 2
CLOSED PUBLIC HEARING
Approved 5/12/05
Commissioner Collins appreciated the applicants following the Commission's recommendations
and voiced support of the project Commissioner Cottrell noted the efforts the applicants have
gone through to bring back the project for review and approval. He also voiced support of the
project Commissioner Clow disclosed that he had spoken with the applicants on the phone and
via e-mail. He felt the Lands of Unlu set a precedence for a variance for the two puking spaces
within the setback on a constrained lot (consistent with previous approval). He felt they had
done a very good job with the re -design. Chairman Kerns concurred with previous remarks.
MOTION SECONDED AND PASSED BY CONSENSUS: Motion by Commissioner Collins,
seconded by Commissioner Clow and passed by consensus to approve a Site Development
Permit and a Conditional Development Permit for a 4,323 square -foot new residence, and a
variance to allow the required parking area to encroach in the rear yard setback, Lands of Eshghi
& Doroodian, with the recommended conditions of approval.
This approval is subject to a 23 day appeal period.
3.2 LANDS OF BREETWOR, 12631 Miraloma Way (226-04-ZP-SD); A request for
a Site Development Permit for a 946 square foot detached secondary dwelling
unit (maximum height 14'6") and modification of condition of map approval
limiting floor area (staff -Debbie Pedro).
Staff•introduced this item by reviewing the application and the history of the original two lot
subdivision. One of the conditions for the Tentative Map approval was to limit the MFA of the
property to 4,750 square feet It appeared, by reviewing previous reports and minutes, that the
floor area restriction was imposed because of neighborhood concems regarding potential visual
impact of the new residence. The applicant is requesting approval of a Site Development Permit
for a secondary dwelling unit. Because of the MFA limitation on the property, the applicant is
also requesting a modification of condition of map approval to increase the MFA from 4,952
square feet to 5,897 square feet A letter of support was received from the 24600 Summerhill
Avenue neighbors requesting three additional conditions: (1) wall height of the second unit does
not exceed 8'6'; (2) add a trellis or arbor on the exterior of the dinning room wall that faces the
property at 24600 Summerhill Avenue; and (3) add screening in the form of trees, shrubs, etc.
along the property line between 24600 Summerhill Avenue and the new structure.
OPENED PUBLIC HEARING
Daryl Hams, project architect, briefly reviewed the project indicating agreement with the
suggested additional conditions as specified by the Summerhill Avenue neighbors. It was noted
that there is five (5) parking spaces available on the site.
CLOSED PUBLIC HEARING
LOSALTOS HILLS
Aim-y
CALIFORNIA
May 9, 2005
Mr. Eshghi & Ms. Doroodian
P. O.Box 296
Los Altos, CA 94023
RE: File#168-04-ZP-SD-GD-CDP-VAR
13530 Fremont Road
New residence
Dear Mr. Eshghi & Ms. Doroodian:
ATTACHMENT -7
Your request for a Site Development Permit for the above referenced project was approved at the
Planning Commission meeting of April 14, 2005. The City Council has upheld the Planning
Commission's approval. Please note the following conditions which apply to this approval:
A. PLANNING DEPARTMENT:
1. No modifications to the approved plans are allowed except as otherwise fust
reviewed and approved by the Planning Director or the Planning Commission,
depending on the scope of the changes.
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 Planning
Commission. Particular attention shall be given to plantings which will be
adequate to screen the view of the residence from surrounding properties and
maintain privacy between neighbors. All landscaping required for screening
purposes and erosion control (as determined by the City Engineer) must be
installed prior to final inspection and occupancy of the new residence.
3. A landscape maintenance deposit (or certificate of 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 issuance of a Building Permit, all significant trees are to be fenced at the
drip line. Town staff must inspect the fencing and the trees to be fenced prior
issuance of Building Permit. The property owner shall call for said inspection at
least three days in advance of the inspection. The fencing must remain
26379 Fremont Road throughout the course of construction.
Los Altos Hills
California 94022
650/941-7222
Fax 650/941-3160
Mr. Eshghi & Ms. Doroodian
May 9, 2005
Page 2
Tree fencing requirements:
1. Fencing shall be located at the drip line of the tree or trees.
2. All trees to be preserved shall be protected with chain link fences with a
minimum height of five feet (5) above grade.
3. Fences are to be mounted on two-inch diameter galvanized iron posts,
driven into the ground to a depth of at least two feet (2') at no more than
10 -foot spacing.
4. Fencing shall be rigidly supported and maintained during all construction
periods.
5. No storage of equipment, vehicles or debris shall be allowed within the
drip lines of these trees at any time.
6. No trenching shall occur beneath the drip line of any trees to be saved.
5. 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.
6. Outdoor lighting is approved as shown on the approved site plans. No additional
lighting may be placed within setbacks. Lighting shall be down shielded, low
wattage, shall not encroach or reflect on adjarent properties, and the source of the
lighting shall not be visible from off the site. The glass on the proposed light
fixtures shall have frosted or opaque covers. Any additional outdoor lighting
shall be approved by the Planning Department prior to installation.
7. Fire retardant roofing (Class A) is required for all new construction.
8. Skylights (if any) shall be designed and constructed to reduce emitted light (tinted
or colored glass, or other material). No lighting may be placed within skylight
wells.
9. Any additional fencing or gates, other than those shown on the approved plans,
shall require review and approval by the Planning Department prior to
installation.
10. No cooking facilities shall be installed in the entertainment room, which shall not
be used as a secondary living unit.
Mr. Eshghi & Ms. Doroodian
May 9, 2005
Page 3
11. The maximum height of the house, including the rotunda, shall be 27 feet as
measured from the building pad to the highest part of the structure directly above,
excepting appurtenances as per Sec. 10-1.504 (c) of the Municipal Code.
12. Prior to issuance of a Building Permit, the property owners must pay School
District fees to either the Los Altos School District or the Palo Alto Unified
School District, as applicable. The property owners must take a copy of
Worksheet 42 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.
B. ENGINEERING DEPARTMENT:
13. Two sets of a final grading and drainage plans shall be submitted for review and
approval by the Engineering Department prior to acceptance ofplansfor 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 grading and drainage improvements were installed as shown
on the approved plans prior to final inspection.
14. Any, and all, changes to the approved grading and drainage plan shall be
submitted as revisions from the project engineer and shall fust be approved by the
Town Engineering Department. No grading shall take place during the grading
moratorium (November I to April 1) 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.
15. All public utility services serving this property shall be placed underground
16. 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.
17. Two copies of an erosion and sediment control plan shall be submitted for review
and approval by the Engineering Department prior to acceptance of plans for
building plan check. The contractor and the property owner shall comply with all
appropriate requirements of the Town's NPDES permit relative to grading and
erosion/sediment control. The first 100 feet of the driveway shall be rocked
during construction and all cut and fill slopes shall be protected from erosion. All
Mr. Eshghi & Ms. Doroodian
May 9, 2005
Page 4
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.
18. 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 hock traffic issues regarding
dust, noise, and vehicular and pedestrian traffic safety on Burke Road, Fremont
Road, 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 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.
19. 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
buildingplan check
20. 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.
21. The property owner shall be required to connect to the public sanitary sewer prior
to final inspection.^ An encroachment permit shall be required by the Town's�o�
Public Works Department for all work proposed within the public right of wayr-'per
prior to
5e; [/�-�- QLD.
22. The property owner shall dedicate a 10' -wide strip to make a 30' half -width
public right of way to the Town over Fremont Road and Burke 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
23. The property owner shall pay a pathway fee of $46.00 per linear foot of the
average width of the property prior to submittal ofplans for building plan check.
Mr. Eshghi & Ms. Doroodian
May 9, 2005
Page 5
C. FIRE DEPARTMENT:
24. The property owner shall provide an automatic residential fire sprinkler system
approved by the Santa Clara County Fire Department throughout all portions of
the new residence. Three copies of plans prepared by a State of California
licensed fire protection contractor shall be submitted to the Planning Department
and approved by the Fire Department, prior to acceptance of plans for building
plan check, and the sprinklers shall be inspected and approved by the Fire
Department, prior to final inspection.
25. The property address shall be placed on the main residence so that it is clearly
visible and legible from the street or road fronting the property. The address
numbers shall be a minimum of four inches high and shall contrast with the
background color.
CONDITIONS 13, 17, 18,19, 21, 22, 23 AND 24 SHALL BE COMPLETED AND SIGNED
OFF BY THE PLANNING DIRECTOR AND THE CITY ENGINEER PRIOR TO
ACCEPTANCE OF CONSTRUCTION PLANS FOR PLAN CHECK BY THE
BUILDING DEPARTMENT. CONDITIONS 4 and 12 SHALL BE COMPLETED AND
SIGNED OFF PRIOR TO ISSUANCE OF A BUILDING PERMIT.
Upon completion of the construction, a final inspection must be scheduled with the Planning and
Engineering Departments two weeks prior to final building inspection approval.
The Site Development Permit is valid for one year from the approval date (until April 14, 2006).
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.
Please contact us if you have any questions.
Sincerely,,
Carl Cahill
Planning Director
Att.: Findings for CDP
Findings for Variance
cc: Farro Essalat, Architect, 312 N. San Mateo Drive, San Mateo, CA 94401
Leslie Hopper
RECOMMENDED FINDINGS FOR CONDITIONAL DEVELOPMENT PERMIT
FOR NEW RESIDENCE
LANDS OF ESHGHI AND DOROODIAN, 13530 FREMONT ROAD
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.
The property is currently developed with a single -story house, which will be replaced with
a new two-story house. The floor area and development area of the proposed house are
consistent with the MFA and MDA allowed for the site and the proposed house meets the
height requirements of the Town. Due to the small size of the lot and its comer location,
two required parking spaces and seven door landings will encroach in the setback areas.
Otherwise, the house complies with the Town's setback requirements. The proposed house
is located in an older neighborhood with substandard lots and several nonconforming
structures, including the existing house on the subject parcel, which does not meet setback
requirements.
2. The size and design of the proposed structures create a proper balance, unity and
harmonious appearance in relation to the size, shape, and topography of the site and in
relation to the surrounding neighborhood
The new residence is designed to harmonize with the surrounding neighborhood. The
second story portion of the house is barely visible from the street because it is tucked into
the attic, under the mantle of the roof. At the north end of the house closest to neighbors,
the profile of the house is lower and there are no windows at the second floor in order to
protect the neighbor's privacy. Existing trees and shrubs will partially screen the proposed
residence; additional landscape screening will be required to soften the visual impact of the
new residence and blend with the surrounding neighborhood.
3. The rural character of the site has been preserved as much asfeasible by minimizing
vegetation and tree removal, excessive and unsightly grading and alternation of natural
land forms.
The proposed residence will be constructed on concrete slab and conventional crawl space,
and will not have a basement, which will minimize grading and alteration of natural land
fomes on the basically flat lot. A number of fruit trees and shrubs will be removed to
accommodate the new development. However, the largest existing trees, including an
Acacia and a Eucalyptus at the front and a Redwood at the rear, will be allowed to remain.
A landscape screening plan required under Condition 42 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 and enhance the rural character of the site.
Mr. Eshghi & Ms. Doroodian
May 9, 2005
Page 7
4. The proposed development is in compliance with all regulations and policies set forth in
the Site Development Ordinance.
Due to the constraints of the substandard lot size and corner location, a variance in setback
requirements is required to accommodate two required parking spaces and seven landings
in the setback areas. The proposed development meets the Town's height and square
footage requirements (MFA and MDA) and complies with all other regulations and policies
set forth in the Site Development Ordinance.
FINDINGS FOR SETBACK VARIANCE FOR NEW RESIDENCE
LANDS OF ESHGHI AND DOROODIAN, 13530 FREMONT ROAD
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 Tule is found to deprive such property of privileges enjoyed by other
properties in the vicinity and under identical zoning classification;
Because of its small size and comer location, the buildable area of the subject property is
extremely limited. After dedication of a 10 -foot strip of right-of-way along the front and
side, the size of the lot is reduced to just .3965 acre. As a result, two required parking
spaces and seven door landings encroach into the setback areas, in the same way the existing
house and parking area have encroached into the setback areas. The strict application of
setback requirements would deprive the owners of privileges enjoyed by the previous owner
and by other properties in the vicinity.
2. Upon the granting of the variance, the intent and purpose of the applicable sections of the
Zoning Ordinance will still be served and the recipient of the variance will not be granted
special privileges not enjoyed by other surroundingproperry owners.
The purpose and intent of the Zoning Ordinance will still be served because the proposed
development will harmonize with the surrounding neighborhood and will not infringe on the
neighbors' privacy. The encroachment of the parking spaces and landings into the setback
areas is necessary to accommodate the proposed development on the unusually small comer
lot. The variance does not constitute a grant of special privilege because other owners have
been granted variances under similar circumstances.
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 the setback variance will not adversely impact any neighbors because the
parking spaces, landings and pathway will be separated from neighbors by landscaping and
screened from their view.
4. The variance will not authorize a use or activity which is not otherwise expressly authorized
by the Zoning District regulations governing the parcel ofproperry.
The proposed new residence and parking area are uses that are consistent with the residential
zoning designation of the property and surrounding properties.
Mr. Eshghi & Ms. Doroodian
May 9, 2005
Page 5
C. FIRE DEPARTMENT:
24. The property owner shall provide an automatic residential fire sprinkler system
approved by the Santa Clara County Fire Department throughout all portions of
the new residence. Three copies of plans prepared by a State of California
licensed fire protection contractor shall be submitted to the Planning Department
and approved by the Fire Department, prior to acceptance of plans for building
plan check, and the sprinklers shall be inspected and approved by the Fire
Department, prior to final inspection.
25. The property address shall be placed on the main residence so that it is clearly
visible and legible from the street or road fronting the property. The address
numbers shall be a minimum of four inches high and shall contrast with the
background color.
CONDITIONS 13,17,18, 19, 21, 22, 23 AND 24 SHALL BE COMPLETED AND SIGNED
OFF BY THE PLANNING DIRECTOR AND THE CITY ENGINEER PRIOR TO
ACCEPTANCE OF CONSTRUCTION PLANS FOR PLAN CHECK BY THE
BUILDING DEPARTMENT. CONDITIONS 4 and 12 SHALL BE COMPLETED AND
SIGNED OFF PRIOR TO ISSUANCE OF A BUILDING PERMIT.
Upon completion ofthe construction, a final inspection must be scheduled with the Planning and
Engineering Departments two weeks prior to final building inspection approval.
The Site Development Permit is valid for one year from the approval date (until April 14, 2006).
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.
Please contact us if you have any questions.
Sincerely,
Carl Cahill
Planning Director
Art.: Findings for CDP
Findings for Variance
cc: Farro Essalat, Architect, 312 N. San Mateo Drive, San Mateo, CA 94401
Leslie Hopper