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HomeMy WebLinkAboutItem 3.43.4 TOWN OF LOS ALTOS HILLS S June 7, 2007 Staff Report to the Planning Commission RE: CONDITIONAL DEVELOPMENT PERMIT FOR A 1,237 SQUARE FOOT ADDITION TO THE EXISTING TWO-STORY RESIDENCE. THE PROPOSAL INCLUDES A REQUEST FOR VARIANCES TO ALLOW TWO (2) UNDERSIZED SURFACE PARKING SPACES 9'X 19' TO ENCROACH WITHIN THE FRONT SETBACK. LANDS OF BOURGAN; 25875 ESTACADA WAY; FILE# 29-07-ZP-SD-GD-VAR-CDP. FROM: Brian Froelich, AICP, Associate Planner 375:— APPROVED BY: Debbie Pedro, AICP, Planning Director RECOMMENDATION: That the Planning Commission: Approve the requested Conditional Development Permit and Variances subject to the recommended conditions of approval and required findings in attachments 1, 2, and 3. BACKGROUND The subject site is a through lot located on the west side of Estacada Way. The property has frontage on Estacada Way and Saltamontes Way. The property size is .461 acres and has a moderate slope of 11.2%. The resulting lot unit factor is .449, thus requiring a Conditional Development Permit. In 1980 the Planning Commission approved a Variance for a second story, master suite addition to the residence with portions of the addition encroaching into the required side yard setback. The existing parking configuration was approved at that time (File# VAR 6- 80). 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 findings for the Conditional Development Permit and Variance in order to approve the project. Recommended findings for approval have been prepared (Attachments #2 & #3) for the Commission's review. The Conditional Development Permit findings include 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 evaluation of the physical site conditions which result in a physical hardship on the property. Planning Comntission Lands of Bourgan June 7, 2007 Page 2 DISCUSSION Site Data: Gross Lot Area: .461 acres Net Lot Area: .461 acres Average Slope: 11.2% Lot Unit Factor. .449 Floor Area and Development Area: Area Maximum Proposed Existing Change Left Development 6,590 6,399 4,742 +1,657 191 Floor 4,490 4,100 2,863 +1,237 390 Desizn The proposed floor area and development area additions utilize nearly all available development area square footage for the site. The first floor addition/remodel includes: an expanded breakfast nook, remodeled family room and dining room, relocated stairway, and two bedrooms converted to a living room and office. The second floor addition/remodel includes: a remodeled master suite, the addition of two bedrooms, and a laundry room. The exterior materials include stucco with a tile roof The proposed additions comply with height, floor area, and development area standards per Title 10 of the Municipal Code. The proposed maximum building height is 26' at its highest measurement from the building pad and has the same overall height measurement. Variance All proposed floor area additions comply 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 setback for two uncovered parking spaces. The existing driveway and parking for the site was approved by the Town in 1980. However, the current proposal is considered a major project and requires that parking be brought into conformance by providing 2 additional parking spaces. Setback standards for the Town do not allow parking spaces to be located between the Planning Commission Lands of Bourgan June 7, 2007 Page 3 property line and the setbacks lines. The only location available for compliant parking would be in the rear yard (behind the residence). Parking in the rear yard would require either a second driveway from Saltamontes Way or a driveway extension within 10' of a side property line. Both alternatives would require a considerable amount of additional development area and likely exceed the amount permitted for this site. 2. Reduction of the standard parking stall size from 10'W 20'L to 9'W 19'L. Two legal nonconforming parking spaces (9'x 19') are provided in the existing garage. The applicant is proposing two additional 9'x 19' surface parking spaces. The reduced stall size will allow clear means of egress for the garage spaces, allows a lesser encroachment into the setback, and requires less grading in the setback. In order to approve a Variance, the Planning Commission must find that there are exceptional or extraordinary circumstances on the lot that create a physical hardship for the property owner to comply with the typical standards. Due to the small lot size and the siting of the existing residence, the setback area is the best location for the required uncovered parking spaces. Reducing their size lessens the grading and footprint of the development area in the setbacks. 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. The proposed Variances are consistent with other Planning Commission approvals for properties of similar size. Variance findings of approval have been prepared for Planning Commission review (Attachment #2). Conditional Development Permit The LUF 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. Legal Nonconforming Section 10-1.401 of the Town's Zoning Ordinance regulates reconstruction of legal non conforming structures. When less than 50% of the legal non conforming portion of a Planning Commission Lands of Bourgan June 7, 2007 Page 4 structure is rebuilt, it is permitted by the above mentioned section. If more than 50% is reconstructed or rebuilt, the Planning Commission must make required findings. Only three walls within the legal non conforming portion of the building will be rebuilt per the proposed demolition plans. Lighting and Landscaping One skylight is proposed on the new building. Proposed building mounted lighting complies with the Lighting Policy. 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 63 cubic yards of cut and 221 cubic yards of fill. The remainder of the proposed fill material woulf be brought to the site. The proposed drainage for the site involves downspouts with energy dissipaters that flow away from the new residence on the downhill side of the building. The front or uphill side has a storm drain pipe that runs around the perimeter of the building and deposits water in two dry wells. Fire Department Review The Santa Clara County Fire Department reviewed the plans and has no comments or requirements. Committee Review The Pathways Committee has recommended that an in lieu fee be collected. The Environmental Design Committee noted that skylights are proposed and no lighting is allowed in the skylight well. ENVIRONMENTAL CLEARANCE (CEOA) The proposed single family residence is categorically exempt from the provisions of the California Environmental Quality Act by Section 15301, Class 1 (e). Planning Commission Lands of Bourgan June 7, 2007 Page 5 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. Neighborhood letter of support 7. Neighbor's concerns letter 8. Development plans (Commission only) cc: Abbie Bourgan 25875 Estacada Way Los Altos Hills, CA 94022 Planning Commission Lands of Bourgan June 7, 2007 Page 6 ATTACHMENT 1 RECO ED CONDITIONS FOR A CONDITIONAL DEVELOPMENT PERMIT AND VARIANCE LANDS OF BOURGAN, 25875 ESTACADA WAY File #29-07-ZP-SD-GD-VAR-CDP 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. 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 properties with 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. All new exterior lighting fixtures shall have white/frostedletched glass enclosures or be shielded light fixtures. Seeded or bent glass is not acceptable. No lighting may be placed within setbacks except for two driveway or entry lights. All lighting must comply with the Town's Lighting Policy prior to final inspection. 5. Skylights shall be designed and constructed to reduce emitted light. No lighting may be placed within skylight wells. 6. Air conditioning units shall be located a minimum of 40' from the front property line and 30' from the side and rear property lines. Planning Commission Lands of Bourgan June 7, 2007 Page 7 7. No new fencing or gates are approved. Any new fencing or gates shall require review and approval by the Planning Department prior to installation. 8. Fire retardant roofing (class A) is required for all new construction. 9. The existing shed and decking installed without the benefit of permits shall be completely and entirely removed from the site. This condition shall be verified prior to final inspection. 10. All existing Blue Gum (E. globulus), Pink Ironbark (E. sideruxylon 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 fust conducted and there is a determination that there are no active nests within the tree. ENGINEERING DEPARTMENT: 11. 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. 12. Any, and all, changes to the approved grading and drainage plan 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. 13. 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." Planning Commission Lands of Bourgan June 7, 2007 Page 8 14. The location and elevation of the addition 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 prior to final inspection. 15. 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. 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. 16. 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 17. Two copies of a grading and construction operation plan shall be submitted by the property owner for review and approval by the City Engineer and Planning Director prior to acceptance of plans for building plan check The grading/construction operation plan shall address truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic safety on Estacada Way and surrounding roadways; storage of construction materials; placement of sanitary facilities; parking for construction vehicles; 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. 18. The property owner shall pay the pathway in lieu fee, prior to acceptance of plans for building plan check. BUILDING DEPARTMENT 19. Properties must pay School District (Los Altos or Palo Alto) fees prior to acceptance of plans for building plan check from Los Altos Hills. The applicant must take a copy of required fee payment forms that have been completed by the Town to both the elementary and high school district offices, pay the appropriate fees and provide the Town with a copy of their receipts. Planning Commission Lands of Bmagan June 7, 2007 Page 9 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 11, 15, 16, 17, 18, AND 19 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. NOTE: The Site Development permit is valid for one year from the approval date (until June 7, 2008). 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. Planning Commission Lands of Bourgan June 7, 2007 Page 10 ATTACHMENT 2 RECOMMENDED FINDINGS FOR APPROVAL OF A VARIANCE TO ALLOW PARKING WITTEN THE SETBACK, AND TO ALLOW SUBSTANDARD SIZE PARKING SPACES LANDS OF BOURGAN— 25975 ESTACADA WAY 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 two, 9' x 19' uncovered parking spaces within the front yard setback. The lot is encumbered by the substandard lot size. The building site has a 47 foot average width, substantially less than the width of most one acre properties. Further, the existing residence was built in 1955 to Santa Clara County standards and does not provide space for compliant parking. The applicant has explored other solutions but they would require other types of Variances or exceptions from Town standards. The proposed solution minimizes the impacts to the site and surrounding neighborhood while providing the required number of parking spaces. 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 surrounding property owners. The granting of the variance would serve the intent and purpose of the Zoning ordinance because the applicant will provide the four (4) required off street parking spaces. The applicant will not be granted special privileges not currently enjoyed by other surrounding property owners because the proposed Variance is for required parking spaces and is an improvement over other properties in the neighborhood that have nonconforming parking and driveway configurations. 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 uncovered parking spaces in the setback will not result in substantial negative visual impacts to the adjacent neighbors. The visibility of the outdoor parking areas can be mitigated with screening. Planning Commission Lands of Bourgan June 7, 2007 Page 11 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. Parking spaces are consistent with the residential zoning designation of the property. Planning Commission Lands of Bourgan June 7, 2007 Page 12 ATTACH-AfNT 3 CONDITIONAL DEVELOPMENT PERMIT FINDINGS LANDS OF BOURGAN— 25875 ESTACADA WAY 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 proposed additionlremodel on this .449 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 two uncovered parking spaces will encroach within the required setbacks 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 neighborhood consists of a mix of one and two story designs. The proposed additions are compliant with Town standards and the architecture and materials are compatible with the surrounding residences. 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 m 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 the two parking spaces that encroach into the required setback and require a Variance. LO m6sHILLS ATTACHMENT 4 �� . 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 (MI=A) 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 REOUIRFMFNTS 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 650/941-7222 -I- Rev. 7/12/02 Fax 650/941-3160 Planning Deoartment 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 Hearin 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 holds a public hearing, considers evidence in support of the necessary findings, Section 10-1.1107 (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 FINDINGS The findings for a Conditional Development Permit are m 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 m 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 5 Variance In order to frle an application for a variance, you must first 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, MFA, 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 REQUIRED: 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; t- Varian. Appli.um info,wtiov Parkes Rev. WR 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). APPLICATION PROCEDURES: In order to file a variance application, you must fust 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- Vari,rcc Alb.bvIDt—UeeP - Re, WlI l 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- vm. A,b.6 o W.fiw Parka A 1. vl9 REOUIREMENTS 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 10 additional sets of plans will be needed. The plans and application 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 1n 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. -a- Ve.AppUo W... PacW Rcv. wl9 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: -5- Vm. Ai-ti.luf 6. Pack. Rev. 6/196 ATTACHMENT (a Letter of Approval Residential Addition We the undersigned have been notified of Susan and Abbie Bourgan's addition/remodeling plans at 25875 Estacada Way, and hereby approve of their proposed project. Name & Address Si nature ATTACHMENT -7 Input to planning commission on remodeling plans for 25875 Estacada Way Neighbor input from the Federighi Family at Submitted May 30, 2007 by Craig and Carolyn Federighi We understand that our neighbors have applied for approval on a major remodeling plan that will both extend the width of their upstairs area and increase the depth of both the first and second floors. We understand and respect their desire to improve the house. Our concern is that this remodel protect and enhance the screening vegetation and privacy between our home and backyard and the expanded side of their house. We suggest four measures to achieve this goal: 1) Require preservation and protection of the one large tree remaining on our neighbor's side of the fence - it provides essential screening between our yard and their house. 2) Preserve the current fence line separating the properties so that we can ensure that the tall, mature trees landscaped on our side of the upper third of the fence line are protected. 3) Require restoration of additional tall screening trees along the top half of the property to fill in holes in the screening between our yard and the expanded home. 4) Preserve the current state of no windows overlooking our home from 2° story of the house to maintain our privacy. Background: Both our lot and our neighbor's lot are -0.5 acres long rectangles sharing the long edge. The properties have legacy setbacks that are far smaller than would be granted today. As a result, we have an unusually great requirement for visual screening between the lots to preserve the natural feel that is typical of homes in Los Altos Hills. Most of the windows in our home look out across our narrow backyard and upon the fence and screening vegetation that separate our backyard from our neighbor's side yard: This is the current is AT VIT. 4og; Nearly all of the vegetation on our neighbor's side of the fence has been cut back to the fence line such that the only screening that remains is provided from plants on our side of the fence (or those rooted on our side of the fence and arching over the top of the fence. The result is that our neighbor's home is now a prominent part of the view out of our home -- we have lost privacy both in our yard and into most rooms of our home. Impact of the Proposed Home Addition: The proposed increased depth of the home will introduce further structure into our view. The orange framing tape is clearly visible through the thinned trees: Recommendations: 1) Require preservation and protection of the one large tree remaining on our neighbor's side of the fence— it provides essential screening between our yard and their home. Here the tree can be seen arching behind the roof of our house (viewed from the front): • At this point, more than 50% of the screening between our yard and their home s (especially the upper story) is provided by one tree rooted in their yard: Annotated detail from the lot drawing — note the tree in question provides far more coverage than is indicated by the survey depiction: I I I - rr -iou.o .I pr69Td*d by tree lot -I w L 6' WOOD RNCE Existing screening trees ! 9 We request that the Planning Commission take all measures possible to ensure that this mature tree is preserved, protected, and nurtured to ensure continued screening. 2) Preserve the current fence line separating the properties so that we can ensure that the tall, mature trees landscaped on our side of the upper third of the fence line are protected. The fence line between our yard and our neighbor's property has come into some dispute. The fence has been in its current location for at least 30 years, including the past six and a half years that we have lived in our home. The majority of the remaining screening vegetation, including a series of 20 ft tall bushes, is planted along our side of the fence. The survey performed when our neighbor's home was put on the market indicated that the upper third of the fence line is about three feet over the property line into their lot Since both parties need screening vegetation and the width of the potential incursion matches roughly the dimensions of the screening vegetation currently in place, we would like the current Peace position maintained into the future so that we can ensure continued preservation of the plants and landscaping separating our properties. 3) Require restoration of additional tall screening trees along the top half of the property to 511 in holes in the screening between our yard and the expanded home. For many years, both properties contributed to the natural vegetation separating the lots. Our neighbor's recent move to clear most vegetation to the fence line has left the entire burden of maintaining screening to plants on our side of the fence. We believe that to offset the increased visual incursion of the expanded residence, additional tall (15+ft) and full screening trees should be planted and maintained on the other side of the fence as well. 4) Preserve the current state of no windows on the side wall of the 2"d story that faces and overlooks our yard and home for privacy. We understand from the prior owners of our home that when the existing small second story was originally added (with a variance) there was an agreement with the prior owners of 25875 Estacada Way that no windows be put on the second story facing Estacada Drive (our home). Because the two structures are spaced unusually close for Los Altos Hills, a second story window would be especially intrusive into our privacy both in the yard and into most rooms of our home. Therefore, we request the remodel plan preserve the current arrangement no 2nd story windows facing our home. Thank you for considering our input in your planning process. Sincerely, Craig and Carolyn Federighi