HomeMy WebLinkAboutItem 3.3Item 3.3
TOWN OF LOS ALTOS HILLS January 15, 2008
Staff Report to the Planning Commission
RE: SITE DEVELOPMENT PERMIT TO CONSTRUCT A 4,259 SQUARE FOOT
TWO-STORY RESIDENCE WITH BASEMENT AND VARIANCE FOR TWO
SURFACE PARKING SPACES WITHIN THE NORTHERN SIDE SETBACK.
LANDS OF HANAFI, 13571 HILL WAY, FILE# 217-08 ZP-SD-VAR
FROM: David Keyon, Associate Planner (fig
APPROVED BY: Debbie Pedro AICP, Planning Director4
RECOMMENDATION: That the Planning Commission:
Approve the requested Conditional Development Permit and the Variance to the side
setback to allow the construction of two parking spaces, subject to the recommend
conditions and findings for approval (Attachments 1,2, and 3).
BACKGROUND
The subject property is 0.43 acres in size and is located on the west side of Hill Way, a
dead-end street off of Burke Road between West Fremont and Old Altos Roads.
The existing one-story dwelling on site was constructed in 1947, prior to the Town's
incorporation. This dwelling is non -conforming with regards to the front and side
setbacks, with an encroachment of up to 14' into the northern side yard setback, 4'-6"
into the southern side setback, and 16'-6" into the front setback.
The average site slope is 2.66% and the property has 8 trees on site, including one
heritage oak to the rear of the house with a trunk width of 12 inches.
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 in order to approve a Variance per Section
10-1.1107(6). 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,
while the Variance findings include the evaluation of the physical site conditions,
particularly size, which results in a physical hardship on the property.
Findings for approval of the setback Variance and Conditional Development Permit we
included in this report for the Commission's review (Attachments 2 and 3). The applicant
has also provided findings for approval of the Variance and Conditional Development
Permit (Attachment 5).
Planning Commission
Lands of Hanafi
January 15, 2009
Page 2
DISCUSSION
Site Data:
Gross Lot Area.:
Net Lot Area:
Average Slope:
Lot Unit Factor;
0.43 Acres (18,575 square feet)
0.43 Acres (18,575 square feet)
2.66%
0.426
Floor Area and Development Area (in square feet)
Area Maximum Proposed Existing Increase Remaining
Development Area 6,360 5,932 5,462 470 428
Floor Area 4,260 4,259 3,197 1,062 1
Site and Architecture
The owner proposes to demolish the existing one-story residence and construct a two-
story residence of contemporary design with a flat roof. The exterior materials include
cement plaster and wood siding.
The design incorporates a basement of 1,790 square feet that is exempt from the floor
area total (Section 10-1.208). The proposed ]n floor level includes a two car garage, a
kitchen, breakfast area, family room, living/dining room, and a guest bedroom. The
proposed 2nd floor level includes the master suite, den, and two bedrooms.
The proposed residence complies with floor area and development area standards per
Title 10 of the Municipal Code. The proposed maximum building height is 25' 6" on a
vertical plane from the existing/finished grade to the highest point (the entry/den
skylight), under the 27 foot height limit
The roof eaves are proposed to encroach up to 4' into the northern side yard setback and
about P 6" into the southern side setback. A trellis attached to the residence is proposed
to encroach up to 2' 6" into the front setback. Town Code Section 10-1.505(b)(2) allows
eaves to encroach up to 4 feet into the setbacks on sites substantially constrained by
existing natural features of the lot, including unusual lot configuration or size. At 0.43
acres, the lot is significantly smaller than the standard 1 acre lot size for Los Altos Hills,
justifying the encroachment. The trellis over the front entry court is supported entirely by
the residence, and essentially acts as an "open roof" rather than a free-standing trellis.
Therefore, the applicant is requesting that the encroachment of the trellis 2' 6" into the
front yard setback be considered as exempt under Section 10-1.505(b)(2).
A five foot tall legal non -conforming stucco wall with gates is located along the Hill Way
frontage. This wall is located 16 feet from the centerline of Hill Way. The applicant is
proposing to relocate the front pedestrian entry gate, with the driveway gate remaining in
its current location. Per Town Code Section 10-1.401(b), not more than fifty (50%)
Planning Commission
Lands of Hanafi
January 15, 2009
Page 3
percent of the nonconforming 5' tall stucco wall along the front property line may be
rebuilt, either as a single project or cumulatively over time, so long as the reconstruction,
repair or rebuilding does not result in an increase in the nonconformity that existed prior
to the reconstruction.
Variances
To accommodate the Town's requirement for 4 puking spaces, the applicant is requesting
a Variance to allow two surface parking spaces within the northern side setback.
In evaluating a Variance, the Planning Commission must determine if there are
exceptional or extraordinary physical circumstances on the lot that create a hardship for
the applicant to comply with the typical standards.
In the case of the Hanafi site, the substandard size of the property presents an exceptional
or extraordinary physical circumstance that justifies the requested Variance. The lot is
less than half the standard I -acre lot size in Los Altos Hills, while the setback
requirements remain the same with a 40 foot front setback and 30 feet side and rear
setbacks. The setbacks reduce the developable area of the site (the development
envelope) to an area of only about 4,000 square feet, an area further constrained by the
desire of the property owners to preserve the Elm and Ash trees at the rear of the site.
Further, the intent of setbacks is to provide an undeveloped area between adjacent
residential properties and streets in order to preserve privacy for neighboring properties
and to maintain the rural character of the Town. Approval of the surface parking in the
side setback would not significantly reduce privacy for the neighbor to the north due to
the presence of an existing 6 foot tall wood fence along the northern property line, and
incorporating grasscrete paving will maintain the semi -rural character of the site. The
parking will actually be an improvement over existing site conditions, where the
driveway and puking encroaches to within five feet of the northern property line.
If the Planning Commission chooses to approve the Variance request, the findings of
approval (Attachment 2) should be cited. If the Commission decides to deny the variance
request, staff should be directed to prepare findings for denial and make the appropriate
revisions to the conditions of approval.
Conditional Development Permit
Town Code Section 10-1.502(c) requires development on properties with a Lot Unit
Factor (LUF) of 0.5 or less to obtain a Conditional Development Permit. Due to the
relatively small size of the Hanafi property, the lot has a LUF of 0.426, requiring a
Conditional Development Permit.
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
Planning Commission
Lands of Hanafi
January 15, 2009
Page 4
surroundings, minimizing alteration of the natural landscape, and compliance with
regulations of the Site Development Ordinance. Recommended findings of approval for the
Conditional Development Permit are included in Attachment 3.
Driveway & Parkine
The existing driveway will be modified so paving encroaches no closer than 10 feet to the
side property line, with the location of the entry gate proposed to remain at the current
location. Two puking spaces will be provided within the garage, and two provided on
grasscrete which encroach 20 feet into the north side yard setback, for which a Variance
has been requested.
Outdoor Liehtine
Outdoor lighting attached to the dwelling is shown on the elevation plans (sheets DR6
and DR7) and on the floor plans (sheets DR4 and DR5). Two downlight wall sconces are
proposed at the front entry and one at the door to the mudroom/kitchen, two recessed
downlights above the garage door, and seven recessed downlights at the rear porch and
decks (four on the I n floor and three above the second floor deck). Condition of approval
4 requires that fixtures be downshielded or have frosted/etched glass.
Landscape lighting is proposed along the driveway and entryway path, and includes five
downlights of about 2' in height within the front setback (two along the driveway and
three along the entry path). Per Section 10-2.1005 of the Town Code, only two landscape
lights are allowed in the setback unless more are determined necessary to safely
illuminate an area. Because the entry path is at least 54 feet from the nearest driveway
downlight, the applicant is requesting that the three additional downlights be permitted
along the path within the front yand setback.
Trees & Landscaoine
The site is vegetated with eight trees, all a mix of species (Japanese Maple, Ginko,
Crabtree, Elm, Ash, Mulberry and one heritage oak). A line of Camphor and Birch trees
borders the property line along Hill Way, providing screening from the street. None of the
trees are proposed for removal. The applicant has provided an arborist report which
includes recommendations on methods to preserve the trees during construction.
The proposed two-story dwelling will have minimal impacts to neighbors' privacy, due to
the retention of existing screening vegetation and the careful placement of second story
windows. The portions of the second story closest to the northern and southern side
property lines will incorporate clearstory windows 7 feet above floor level for the sides
that face directly on to neighboring properties. Furthermore, the rear second -story deck
will be mostly obscured from neighboring properties by existing vegetation, including the
large Ash and Elm tree.
Planning Commission
Lands of Hanafi
January 15, 2009
Page 5
A landscape screening plan will be required after final framing of the proposed residence
to ensure adequate screening is provided around the property (condition of approval 2).
Grading & Drainage
The Engineering Department has reviewed the grading and drainage plans and determined
that the proposed grading and drainage design complies with Town requirements. The
proposed drainage pattern will incorporate grass swales and a new retention system in the
front yard to minimize runoff to pre-project levels. Grading will consist primarily of the
excavation for the basement, which will be exported off site.
The Engineering Department will review the final grading and drainage plan prior to
acceptance of plans for building plan check. Final grading and drainage will be inspected
by the Engineering Department, and any deficiencies will be required to be corrected
prior to final inspection.
Fire Denartment Review
The Santa Clara County Fire Department reviewed the plans and requires standard
conditions of approval. (Attachment 6)
Committee Review
The Pathway Committee recommends that a pathway in-lieu fee will be required for the
project rather than a dedication.
The Environmental Design and Protection Committee commented that the trees on site
should be preserved, and would like the owner to consider the possibility of recycling
certain components of the existing dwelling when demolished. (Attachment 4)
ENVIRONMENTAL CLEARANCE (CEOAI
The proposed new residence is categorically exempt from the provisions of the California
Environmental Quality Act by provision of Section 15303(a).
Planning Commission
Lands of Hanafi
January 15, 2009
Page 6
1. Recommended conditions of approval
2. Findings for approval of the setback Variance for parking
3. Findings for approval of the Conditional Development permit.
4. Environmental Design & Protection Committee comments, dated 9/8/08. '
5. Project description and Variance findings of approval prepared by the applicant,
received 8/15/08.
6. Comments from the Central Fire District, dated 8/19/08.
7. Proposed development plans, prepared by Swan Architects, dated 8/14/08 and revised
12/12/08 (Commission only)
Planning Commission
Lands of Hanafi
January 15, 2009
Page 7
ATTACHMENT
RECOMMENDED CONDITIONS FOR A CONDITIONAL DEVELOPMENT PERMIT
AND VARIANCE
LANDS OF HANAFI, 13571 HILL WAY
File #217-08-ZP-CDP-VAR
PLANNING DEPARTMENT
1. Any further changes or modifications to the approved plan or the required
landscaping shall be first reviewed 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. The landscape
screening and erosion control plan is subject to a public hearing. Particular
attention shall be given to plantings which will be adequate to break up the bulk
of the residence and preserving the existing screening. All landscaping required
for screening purposes and for erosion control (as determined by the City
Engineer) must be installed prior to final inspection.
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. Chain-link fencing shall clearly delineate the drip line. Town staff
must inspect the chain-link 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 chain-link 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.
5. All new exterior lighting fixtures shall have frosted/etched glass enclosures or be
shielded light fixtures. Seeded or bent glass is not acceptable. No lighting may
be placed within setbacks except as shown on the approved plan. The applicant
shall provide the Town with a lighting detail or manufacturer's specification on
the fixtures to be used, prior to acceptance of plans for building plan check. All
lighting must comply with the Town's Lighting Policyprior to final inspection.
Planning Commission
Lands of Hanaf,
January 15, 2009
Page 8
6. 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
residence and roof eaves comply with the location shown on the approved plans
relative to the property lines." The elevation of the residence shall be similarly
certified in writing to state that "the elevation of the residence matches the
elevation and location shown on the approved plan." The applicant shall submit
the stamped and signed letters) to the Planning Department prior to requesting a
foundation inspection.
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 roof of the structure." The applicant shall submit the stamped and
signed letters) to the Planning Department prior to requesting a final framing
inspection.
8. Skylights shall be designed and constructed to reduce emitted light. No lighting
may be placed within skylight wells.
9. Air conditioning units shall be located a minimum of 40' from the front property
line and 30' from the side and rear property lines.
10. Fire retardant roofing (class A) is required for all new construction.
11. No new fencing or gates are approved beyond the relocation of the pedestrian gate
for the front entry. Any new fencing or gates shall require review and approval by
the Planning Department prior to installation. Per Town Code Section 10-
1.401(b), not more than fifty (50%) percent of the nonconforming 5' tall stucco
wall along the front property line may be rebuilt, either as a single project or
cumulatively over time, so long as the reconstruction, repair or rebuilding does
not result in an increase in the nonconformity that existed prior to the
reconstruction.
12. The applicant shall pay any applicable 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 Hanafi
January 15, 2009
Page 9
13. Peak discharge at 13571 Hill Way, as a result of Site Development Permit 217-08,
shall not exceed the existing pre -development peak discharge value of the
property. Detention storage must be incorporated into the project to reduce the
predicted peak discharge to the pre -development value. Provide the data and peak
discharge hydrologic model(s) utilized, as well as, the calculations of the peak
discharge value prior and post development. Determine the design peak runoff
rate for a 10 -year return period storm and provide detention storage design plans
to reduce the predicted peak discharge to the pre -development value. All
documentation, calculations, and detention storage design (2 plan copies) shall be
submitted for review and approval to the satisfaction of the City Engineer prior to
acceptance of plans for building plan check. Prior to final inspection, a letter
shall be submitted from the project engineer stating that the detention storage
design improvements were installed as shown on the approved plans and in
accordance with their recommendations.
14. 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.
15. 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."
16. Two copies of an erosion and sediment control plan shall be submitted for review
and approval by the Engineering Department prior to acceptance of plans for
building plan check. The contractor and the property owner shall comply with all
appropriate requirements of the Town's NPDES permit relative to grading and
erosion/sediment control. The first 100 feet of the driveway shall be rocked
during construction and all cut and fill slopes shall be protected from erosion. All
areas on the site that have the native soil disturbed shall be protected for erosion
control during the rainy season and shall be replanted prior to final inspection.
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 Hill Way and
surrounding roadways, storage of construction materials, placement of sanitary
Planning Commission
Lands of Hanafi
January 15, 2009
Page 10
facilities, parking for construction vehicles, clean-up area, and puking for
construction personnel. A debris box (trash dumpster) shall be placed on site for
collection of construction debris. Arrangements must be made with the
Green Waste Recovery, Inc. 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 a pathway in -lieu fee of $50.00 per linear foot of the
average width of the property prior to acceptance of plans for building plan
check.
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 ofplans jar building
plan check.
20. Approved automatic sprinklers are required in all new and existing modified
buildings when gross floor area exceeds 3,600 square feet or that are 3 or more
stories in height. Exception: One-time additions to existing buildings made after
1/1/08 that do not exceed 500 gross square feet. An automatic sprinkler shall be
provided in all new structures located in the designated Wildland-Urban Interface
Fire Area. A State of California licensed (C-16) Fire Protection Contractor shall
submit plans, calculations, a completed permit application and appropriate fees to
this department for review and approval prior to beginning their work.
21. The project is located within the designated Wildland-Urban Interface Fire Area.
The building construction shall comply with the provisions of California Building
Code (CBC) Chapter 7A. Note that vegetation clearance shall be in compliance
with CBC Section 701A.3.2.4 prior to final approval. Check with the Planning
Department for related landscape plan requirements.
22. Emergency Gate/Access Gate Requirements, Gate installations shall conform
with Fire Department Standard Details and Specification G-1 and, when open
shall not obstruct any portion of the required width for emergency access
roadways or driveways. Locks, if provided, shall be fire department approved
prior to installation.
23. Premises Identification: Approved numbers or addresses shall be placed on all
new and existing buildings in such a position as to be plainly visible and legible
from the street or road fronting the property. Numbers shall contrast with their
background.
Planning Commission
Lands of Hanafi
January 15, 2009
Page I 1
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 12, 13, 16, 17, 18, AND 19 SHALL BE COMPLETED
AND SIGNED OFF BY TOWN STAFF 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
January 15, 2010). 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 Hanafi
January 15, 2009
Page 12
ATTACHMENT
FINDINGS FOR APPROVAL OF A SETBACK VARIANCE TO ALLOW SURFACE
PARKING TO ENCROACH WITHIN THE SIDE SETBACK BY 20 FEET
LANDS OF HANAFI-13571 HILL WAY
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;
This finding can be made, in that the subject property is less than half the standard 1 -acre
lot size in Los Altos Hills, while the setback requirements remain the same with a 40 foot
front setback and 30 feet side and rear setbacks. The setbacks reduce the developable
area of the site (the development envelope) to an area of only about 4,000 square feet, and
strict application of the setbacks would deprive the property of a comparably -sized
residence to surrounding properties.
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 site will provide the four (4) required off street puking spaces. The applicant
will not be granted special privileges not currently enjoyed by other surrounding property
owners because the proposed Variance is for a required puking space and is an
improvement over the existing nonconforming puking and driveway configuration.
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.
This finding can be made, in that the granting of this Variance will not be materially
detrimental or injurious to the public welfare or adjacent property owners as the
encroachment of the two uncovered parking spaces in the setback will not result in an
immitigable negative visual impact to adjacent neighbors. The parking area will not be
visible from neighboring properties due to the presence of a 6' high wood fence and
existing screening vegetation (which is not proposed to be removed).
Planning Commission
Lands of Hanafi
January 15, 2009
Page 13
4. The Variance will not authorize a use or activity which is not otherwise expressly
authorized by the Zoning District regulations governing the parcel ofproperty.
The granting of the Variance will not allow a use or activity that is not expressly
authorized by the Zoning Ordinance. Required onsite parking spaces are consistent
with the residential zoning designation of the property.
Planning Commission
Lands of Hanafi
January 15, 2009
Page 14
ATTACHMENT
CONDITIONAL DEVELOPMENT PERMIT FINDINGS
LANDS OF HANAFI— 13571 HILL 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 residence on the .43 acre parcel has been designed to fit within the floor
area, development area, and building height limits. Four required puking spaces are
provided, though due to the sub -standard size of the lot, two uncovered, surface puking
spaces will encroach 20' within the side setback and require a Variance (see Variance
findings, Attachment 2).
2. The size and design of the proposed structures create a proper balance, unity and
harmonious appearance in relation to the surrounding neighborhood.
Surrounding properties are comprised of both one and two-story residences of a similar
size to the proposed project. The existing single -story house encroaching into the front
and side setbacks will be replaced by a two-story home that complies with the Town's
setback requirements. The increased building setbacks will provide additional open space
between the houses and allow room for additional landscape screening if necessary.
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 to maintain the character
of the site. A landscape screening plan required under condition #2 will ensure that
existing trees and shrubs will be supplemented by new landscaping, if required, to
adequately screen the residence, blend the 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, with the exception of the two surface parking spaces that
encroaches into the side setback, for which a Variance is requested.
Environmental L_,ign and protection Committee Pew �S) Attachmeo[4
New Evaluation
uahmt
Reviewed by: ��:( �,�
Dated $ S_
Applicant
Address
Site
Existing
Significant issues/comments:
Attachment 5
.SEL
SWATT ARCHITECTS
%M OF LOS pL7pS HILLS
August 14, 2008
Rohm swot r.a
Sfeven Steps a. Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Project: Haan House (0805)
Subject: Findings for Major Variance and Conditional Development Permit
To Whom It May Concern:
Due to existing site conditions, the Applicants, Ammar and Fara Hanafi, are seeking a
major variance to place 2 of the 4 required parking spaces in the side setback and to
replace the existing driveway in the same configuration, which is closer than 10'to the
setback. The parking spaces are farther than 10' from the properly line and their
appearance minimized with the use of grasscrete. The other request is to reconstruct
the driveway in a permeable material in its current location to retain the ability to
turn around in the driveway rather than backup all the way out to the street. See
diagram on DR 2, Site Plan. Screening for both conditions from offsite is provided by
an existing 6' fence at the adjacent property and a 5' stucco wall to the street side.
Following are your findings questions in regular text and our responses in bold.
Variance:
1. Because of exception 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:
This property is less than half an acre in size and shares a zoning classification with
properties many times that size. The shape of the site is a parallelogram, so the
corners with acute angles are not usable space. Additionally, there are 2 very large
trees, an ash and an elm, that we are trying to save which have driplines within the
buildable area. We feel these two trees, while not protected species, provide much of
the character of the site and are worth preserving. The strict application of the
ordinance is found to deprive the property of privileges enjoyed by other properties in
the vicinity which are much larger in size.
2. That upon granting of the Variance, the intent and purpose or 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:
5845 Doyle Street, Suite 104, Emeryville, Coliform. 94608 510 985 9779 FAR 510 985 0116 www.:warcarchBecnmm
SWATT ARCHITECTS
The ordinance requires 4 parking spaces on the site that do not have a visual impact
on surrounding properties. This proposal allows for 4 parking spaces on a very tight
site and there will be no visual impact on the neighbors since the fence and wall
surrounding this part of the site will screen the spaces completely. Granting the
variance will allow the intent and purpose of the ordinance to be served, providing 4
parking spaces on the site.
3. That granting the Variance will not be materially detrimental to the public welfare
or injurious to the property, improvements or uses with the immediate vicinity and
within the same zoning district: -
Granting this variance will not have any impact on the public welfare or be injurious
to the property, improvements or uses within the vicinity or zoning district It will
allow all the parking required to be on-site and completely screened from off-site.
Allowing the driveway to remain in its current configuration with the turnaround
space will provide additional safety at the street.
4. That the Variance will not allow a use or activity which is not expressly authorized
by the Zoning Ordinance:
Granting this Variance will not allow any new use or activity on this site.
Conditional Development permit
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 site for this new residence is appropriate for the proposed level of development
The existing house is substantially in the front setback as it is 23'-4" from the front
property line. The new residence will correct the non conformity of the previous house
with the required 40' setback It will be entirely within the buildable envelope and
keeping the 2large trees to the rear, with the exception of the parking and some of the
driveway, which is all at grade and is constructed of permeable materials and is
screened from all off-site views.
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:
SWATT ARCHITECTS
The design of the proposed residence steps back on all 4 sides to break up the massing
There is a pleasing balance of solids and voids and the residence is of a similar scale to
many in the surrounding neighborhood.
I 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:
We are aiming to save 2 important trees via a variance for 2 parking spaces, and keep
all the remaining trees on the site. We also propose to maintain the natural character
of the site, no grading is proposed.
4. The proposed development is in compliance with all regulations and policies set
forth in the Site Development Ordinance:
The proposed development is in compliance with all regulations and policies set forth
in the Site Development Ordinance save for the items for which we have requested a
variance.
Sincerely,
_
Julie Liberman
Swart Architects
Fll-t,<: DEPARTMENT
SANTA CLARA COUNTY
14700 Winchester Blvd.. Los GatesCA
DEVELOPMENT REVIEW COMMENTS
CDDESEC I SHEET I NG.I REQUIREMENT
CFc sec.
508.3, per
Appendix B
_FC Sec.
303.2, as
tdopted
ind
Lmended
>y LAHMC
Attachment 6
Wo -B -1f, Aveal,Im
ABS
PUN REVIEW NUMBER 68 2377
BLDG PERMn NUMBER
M E NUMBER
)osed new 6,049 square foot two-story single family residence with basement
attached garage.
w of this Developmental proposal is limited to acceptability of site
os and water supply as they pertain to fire department operations, and
not be construed as a substitute for formal plan review to determine
Hance with adopted model codes. Prior to performing any work the
:ant shall make application to, and receive from, the Building
Intent all applicable construction permits.
Required Fire Flow, The fire flow for this project is 1,000 gpm at 20 psi residual
pressure. The adjusted fire flow is available from area water mains and fire hydrant(s)
which are spaced at the required spacing.
project is located within the designated Wildland-Urban interface Fire
. The building construction shall comply with the provisions of California
ling Code (CBC) Chapter 7A. Note that vegetation clearance shall be in
3liance with CBC Section 701A.3.2.4 prior to project final approval. Check
the Planning Department for related landscape plan requirements.
rved automatic sprinklers are required in all new and existing modified
ngs when gross floor area exceeds 3,600 square feet or that are 3 or
stories in height. Exception:One-time additions to existing buildings
after 01/01/2008 that do not exceed 500 gross square feet. An
iatic sprinkler shall be provided in all new structures located in the
CM1y PUNS
SPECS NEW RMDL AS
GDDUPLNCY
CDNPT. TYPE
Appiic.rox�m.
LAH ®
❑ ® ❑ ❑
R-3, U
TB
SWATT ARCHITECTS, JULIE
WTE PAGE
8/19120D8 1
2
SEChLOBR
MFA
LORU
DESCRIPTIDN
—GF—
i story +bsmt
6049 sf
Residential Development
B Y
Harding, Doug
NAME BF PRPIECT
tL[annu
SFR- HANAFI
13571 Hill Way
Organized as the Santa Clara County Central Fire Protection District
Serving Sonet Clam County and the communitie.R of Compbell,Cupertino, Los Altos,
Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Samtoaa
FIhic, DEPARTMENT
SANTA CLARA COUNTY
14700 Winchester Blvd., Los Gatos, CA
m-.0
DEVELOPMENT REVIEW COMMENTS
bOE5EC. I SKEET I ND.I REGUAREMENr
C sac.
I and 50
sec.
I .sa-h, Arued
Ag
PLAN REWE NUMBER 0 2
BLDG PER Gr NUMBER
FlLE NUMBER
iignated Wildland-Urban Interface area. A State of California licensed
16) Fire Protection Contractor shall submit plans, calculations, a completed
mit application and appropriate fees to this department for review and
roval prior to beginning their work.
rrgv Gate/ACCess Gate Requirements- Gate installations shall conform
Department Standard Details and Specification G-1 and, when open shall not
any portion of the required width for emergency access roadways or
rs. Locks, if provided, shall be fire department approved prior to Installation.
Mises Identification, Approved numbers or addresses shall be placed on all
✓ and existing buildings in such a position as to be plainly visible and legible from
street or road fronting the property. Numbers shall contrast with their background.
To prevent plan review and Inspection delays, the above noted
Developmental Review Conditions shall be addressed as "notes" on all
pending and future plan submittals and any referenced diagrams to be
reproduced onto the future plan submittal.
d tK ❑ ® ❑ ❑ I R -3,U V -B SWATT ARCHITECTS, JULIE IB/19/200BI 2 oP 2
>ry+bsmt 6049 at Residential Development I Harding Doug
SFR-HANAFI
13571 Hill Way
Organized as the Santa Clara County Central Fire Protection District
Seming Santa Clam County and the comm Ries of Campbell, Cupertino, Los Altos,
Los Altos Hill, Los Gatos, Monte Sereno, Morgan Hill, and Samtoaa