HomeMy WebLinkAboutItem 3.33-3
TOWN OF LOS ALTOS HILLS
January 27, 2005
Staff Report to the Planning Commission
RE: CONDITIONAL DEVELOPMENT PERMIT AND SITE DEVELOPMENT PERMIT
FOR NEW RESIDENCE AND POOL AND VARIANCE TO ALLOW THE HOUSE
TO ENCROACH INTO THE FRONT, SIDE AND REAR YARD SETBACKS AND
TWO REQUIRED PARKING SPACES TO BE LOCATED IN THE FRONT AND
SIDE YARD SETBACKS; LANDS OF ESHGHI AND DOROODIAN; 13530
FREMONT ROAD; FILE #168-04-ZP-SD-GD-CDP-VAR
FROM: Leslie Hopper, Project Planner
APPROVED BY: Carl Cahill, Planning Director
that the Planning Commission:
Approve the Conditional Development Permit, Site Development Permit and Variance
subject to the recommended conditions of approval and findings that are included as
Attachments #1, #2 and #3.
The subject property is a fairly flat, substandard parcel located at the northeast comer of the
intersection of Fremont and Burke Roads. There is an existing single -story house with an
attached garage on the property. The existing house encroaches into the front, side and rear
yard setbacks with benefit of Town permits. The applicant is proposing to demolish the
existing house and construct a new two-story residence with an attached garage and a pool.
Part of the proposed residence will be located in the footprint of the existing, legal
nonconforming house. Surrounding properties include a mix of one- and two-story houses.
CODE REQUIREMENTS
As required by Section 10-2.301 of the Site Development Ordinance, this application for a
new residence has been forwarded to the Planning Commission for review and approval.
Considerations include grading, drainage, building siting, pathways, landscape screening and
outdoor lighting. Zoning Code review encompasses compliance with floor and development
area requirements, setbacks, height and parking.
Section 10-1.1107(3) of the Zoning Ordinance states that for a substandard lot with a Lot Unit
Factor less that .50, a Conditional Development Permit (CDP) is required, and outlines four
findings required to be made by the Commission in order to approve such a request. The
evaluation of the Conditional Development Permit should include consideration of the size
and design of the project with respect to the size, shape and topography of the site.
Recommended findings for the proposed CDP are attached as Attachment #2.
Planning Commission
Lands of Eshghi
January 27, 2005
Page 2 of 16
Section 10-1.1107(2) of the Zoning Ordinance outlines four findings which must be made to
support a Variance from the Zoning Code, in this case to allow encroachment of the house
into the front, side and rear yard setbacks and to allow two required parking spaces within the
front and side setbacks. Recommended findings for the proposed Variance are attached as
Attachment #3.
DISCUSSION
Site Data: Note: The applicant is required to dedicate
Gross Lot Area: .3965 acre a 10 -foot -wide strip of right-of-way along
Net Lot Area: .4547 acre both street frontages, leaving a gross lot
Average Slope: 3.8% area of .3965 acre. For the purpose of
Lot Unit Factor. 0.4547 calculating the Lot Unit Factor (LUF), the
net lot area includes the unpaved portion of
the dedicated area, which increases the net
lot area to .4547 acres.
Floor Area and Development Area:
Area Maximum Proposed Existing Increase Left
Development 6,647 6,628 3,333 3,295 19
Floor 4,547 4,541 1,808 2,733 6
Site and Architecture
The applicant is requesting approval of a Site Development Permit, Conditional Development
Permit and Variance for a 4,547 -sq. -ft. two-story residence with an attached garage and a
pool. Constrained by a small corner lot, the proposed house is sited in approximately the
same location as the existing legal, nonconforming structure. The first floor of the new
residence has 3,231 sq. ft. of floor area and contains an entry, living room, family room,
dining room, kitchen, office, guest bedroom, entertainment room, and a two -car garage. The
second floor has 1,310 sq. ft. of floor area and includes three bedrooms, two bathrooms and
laundry facilities. The proposed residence meets the height, floor area and development area
requirements established in Title 10, Zoning and Site Development, of the Los Altos Hills
Municipal Code. The maximum building height on a vertical plane and the maximum height
of the building from the lowest point to the highest point is 27 feet.
Proposed materials on the traditional style house include integral color cement stucco exterior,
wood French casement windows, cedar shutters, natural slate roof, and copper gutters and
downspouts. Colors include neutral, taupe -colored walls and trim.
Planning Commission
[ands of Pshghi
January 27, 2005
Page 3 of 16
Drivewav & Parkin
Access to the property is currently provided via an existing driveway on Fremont Road. The
applicant is proposing to construct a new driveway on Burke Road, which initially concerned
staff because the new driveway is located closer to the intersection and could create a safety
hazard. To improve the access, staff required a turnout pocket for northbound cars making a
right tum into the driveway. The turnout will allow vehicles to move off the road before
slowing to turning speed and will also improve the sight distance of vehicles exiting the
driveway. The proposed driveway has been reviewed and approved by an outside traffic
consultant. (See attached letter from Smith Engineering & Management included as
Attachment #8.) Although the driveway access has been endorsed by the traffic consultant,
staff foresees that the turnout may be used for parking and has included Condition #I1 to
provide that it be kept free and clear and available at all times for its intended use as a
deceleration lane.
The garage at the north end of the house provides two standard parking spaces. Two
additional parking spaces are located just north of the garage. Due to the small size of the lot,
the additional parking spaces are within the front and side yard setbacks.
Outdoor Lighting
Seven exterior wall lights are proposed around the house and manufacturer's specifications of
the lighting fixtures are attached to the plans. Staff has included Condition #6 requiring the
light fixtures to be down shielded, low wattage, and the glass covers frosted or opaque so that
the source of the lighting is not directly visible from off-site.
Trees & Landscaping
There are numerous trees and shrubs on and around the property. Several fruit trees will be
removed, including orange; apple, fig and plum trees; two bottlebrush shrubs; and a
pyracantha. There are no oaks on the property. The location and type of trees to be removed
are detailed on the site plan (Sheet A1.0). To ensure that all significant trees will be protected
throughout the construction period, staff has included Condition #4 requiring that the trees
within the vicinity of the construction be fenced for protection. In addition, the applicant is
proposing to remove approximately 923 sq. ft. of asphalt driveway south of the existing house
and restore the area with landscaping.
A landscape screening plan will be required after final framing of the proposed residence
(Condition #2). Furthermore, any landscaping required for screening or erosion control will
be required to be planted prior to final inspection, and a maintenance deposit to ensure
viability of plantings will be collected prior to final inspection.
Planning Commission
Lands of Eshghi
January 27, 2005
Page 4 of 16
Geotechnical Review
Geotechnical review was not required for this project because the site is basically flat with
only 3.8% slope.
Grading and Drainage
Total proposed grading quantities include 800 cubic yards of cut (for the foundation and pool)
and 3 cubic yards of fill (mainly at the entrance). The Engineering Department has reviewed
the proposed grading and concluded that it is in conformance with the Town's grading policy
and recommends Conditions of Approval that have been included in Attachment #1.
Pursuant to Section 10-2.503, Drainage Facilities Standards, of the Municipal Code, the
Engineering Department has reviewed and determined that the proposed drainage design
complies with Town requirements.
Fire Department Review
The Santa Clara County Fire Department inspected the property and determined that the flow
capacity of the nearest water mains and fire hydrant will not be adequate for a home of the
proposed size and the applicant will be required to provide a fire sprinkler system throughout
all portions of the building to meet the Fire Department's requirements. (Conditions of
Approval #25 and #26)
Committee Review
The Pathways Committee recommends a pathway in -lieu fee, which is included as Condition
#24.
The Environmental Design Committee requests that a landscape screening plan be required,
which is included as Condition #2. Other comments include a request that a tall Redwood
tree not be removed (the tree will remain) and an observation the pool encroached in the
setback area (the location of the pool has been adjusted so that it complies with setback
requirements).
Conditional Development Permit
A Conditional Development Permit (CDP) is required when a proposed project is located on a
property with a Lot Unit Factor of 0.50 or less. The Planning Commission must make four
specific findings to determine that the proposed development is appropriate, based on the
design, for the site and the surrounding neighborhood. The CDP provides an additional level
of review for development on very small lots or lots with steep terrain or other constraints.
Planning Commission
lands of Eshghi
January 27, 2005
Page 5 of 16
As stated in the recommended findings in Attachment #2, the site for the proposed
development is adequate in size, shape and topography to accommodate the proposed intensity
of development. The property is currently developed with a single-family home, which will
be replaced with a new two-story house in approximately the same location. Due to the small
size of the lot and its corner location, both the existing and new residences encroach into the
front, side and rear setbacks. In addition, two required parking spaces for the new residence
will encroach in the front and side setbacks. The floor area and development area of the
proposed home are consistent with the MFA and MDA allowed for the site and the proposed
design meets the height requirements of the Town.
The new residence is designed to harmonize with the surrounding neighborhood. The size of
the house is minimized by use of an I -shaped form that steps down in height at both ends.
The second story portion of the house is hardly visible from Fremont because it is tucked into
the attic, under the mantle of the roof. At the two ends of the house closest to neighbors, the
profile 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 further soften the visual impact of the new residence
and pool and blend with the neighborhood.
The rural character of the site has been preserved as much as feasible by minimizing
vegetation and tree removal, as well as excessive grading. The proposed residence will be
located on the existing building pad, which will minimize grading and alteration of natural
land forms. 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. The existing driveway on
Fremont Road will be removed and the area will be replanted with natural vegetation. 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 enhance the rural character of the site.
The proposed development meets the Town's height and square footage requirements (NMA
and MDA). Due to the difficulty of the substandard lot size and comer location, a Variance in
setback requirements is required to allow the house to encroach into the front, side and rear
yard setbacks and to allow two required parking spaces within the front and side setback.
Setback and Parkins Variance
Located in the footprint of the existing house, the proposed new residence encroaches up to 12
feet into the front yard setback along Burke Road; up to 16 feet into the side yard setback
along Fremont Road; and up to 12 feet into the rear yard setback. In addition, two required
parking spaces are located within the front and side yard setbacks.
In order to approve the Variance, the Planning Commission must find there are exceptional or
extraordinary physical circumstances on the lot that create a practical hardship for the
Planning Commission
Lands of Eshghi
January 27, 2005
Page 6 of 16
applicant to comply with the provisions of the Code. In this case, the corner location and
unusually small size of the .45 -acre lot makes it very difficult to accommodate the allowable
floor area and development area without encroaching into the setbacks. The size of the
substandard lot has been reduced even further by the required dedication of a 10 -foot strip of
right-of-way along both street frontages. Because of the lot's small size, the existing house
encroaches into the front, side and rear setbacks, in the same way the proposed new residence
also will encroach into the setbacks. The proposed residence is in an older neighborhood with
substandard lots and several existing nonconforming structures that encroach in setbacks.
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 residence and parking area into the setback 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.
The granting of the setback and parking variance will not adversely impact any neighbors
because the areas of encroachment are not immediately adjacent to neighbors or are buffered by
existing landscaping. More specifically, the encroachments into the front and side setbacks will
not affect the closest neighbors, who are across Burke and Fremont Roads at a considerable
distance. Similarly, the encroachments will not affect the general public traveling along those
streets because the house will be located a safe distance from the edge of pavement (at least 24
feet) and sight distance for drivers will not be impaired. The encroachment of the house into the
rear setback will be buffered by existing mature trees and shrubs and will not be injurious to the
neighbors, whose residence is well setback from the property line. The encroachment of the
parking area into the side setback will not affect the neighbor to the north because it will be
screened with landscaping and separated from the neighbor's residence by a cottage that faces
away from the parking area.
Recommended findings for approval of the Variance in front, side and rear yard setbacks are
attached as Attachment #3.
CEOA STATUS
The project is categorically exempt under Class 1 of the State CEQA Guidelines
Planning Commission
Lands of Eshgtd
January 27, 2005
Page 7 of 16
1. Recommended Conditions of Approval
2. Recommended Findings for Approval for Conditional Development Permit
3, Recommended Findings for Approval of Setback and Parking Variance
4. Site Map
5. Worksheets #1and #2
6. Recommendations from Santa Clara County Fire Department dated August 24, 2004
7. Recommendations from Environmental Design Committee dated August 16, 2004
8. Letter from Smith Engineering & Management dated October 14, 2004
9. Development plans
cc: Kamyar Eshghi and Nazila Doroodian Fano Essalat, Architect
P.O. Box 296 312 N. San Mateo Drive
Los Altos, CA 94023 San Mateo, CA 94401
Planning Commission
Lands of Eshghi
January 27, 2005
Page 8 of 16
ATTACHMENT 1
RECOMMENDED CONDITIONS FOR SITE DEVELOPMENT PERMIT AND
CONDITIONAL DEVELOPMENT PERMIT FOR NEW RESIDENCE AND POOL AND
VARIANCE TO ALLOW HOUSE TO ENCROACH INTO THE
FRONT, SIDE AND REAR YARD SETBACKS
AND TO ALLOW TWO REOLTMED PARKING SPACES
WITHIN THE FRONT AND SIDE SETBACKS
LANDS OF ESHGHI AND DOROODIAN, 13530 FREMONT ROAD
File #244-03-ZP-SD-VAR
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. Subsequent to final framing, a landscape screening and erosion control plan shall be
reviewed by the Site Development Committee. Particular attention shall be given to
plantings that will be adequate to break up the view of the new residence from
surrounding properties and streets. All landscaping required for screening purposes or
for erosion control (as determined by the City Engineer) must be installed prior to
final inspection.
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 beginning any grading operation, all significant trees, including an existing
Redwood tree east of the proposed residence, are to be fenced at the drip line. The
fencing shall be of a material and structure to clearly delineate the drip line. Town
staff must inspect the fencing and the trees to be fenced prior to commencement of
grading. The property owner shall call for said inspection at least three days in
advance of the inspection. The fence must remain throughout the course of
construction. No storage of equipment, vehicles or debris shall be allowed within the
drip lines of these trees. Existing perimeter plantings shall be fenced and retained
throughout the entire construction period.
5. 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
Planning Commission
Lands of Eshglu
January 27, 2005
Page 9 of 16
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 adjacent 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 new fencing or gates 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.
11. The driveway turnout shall not be used for parking but shall be kept free and clear and
available at all times for its intended use as a deceleration lane for vehicles turning
right into the driveway.
12. All properties must pay School District fees to either the Los Altos School District or
the Palo Alto Unified School District, as applicable, before receiving their building
permit from Los Altos Hills. The applicant must take a copy of Worksheet #2 to
school district offices (both the elementary and high school offices in the Los Altos
School District), pay the appropriate fees and provide the Town with a copy of their
receipts.
B. ENGINEERING DEPARTMENT:
13. Peak discharge at 13530 Fremont Road, as a result of Site Development Permit 168-
04, 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 models) 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
Planning Commission
Lands of Eshghi
January 27, 2005
Page 10 of 16
documentation, calculations, and detention storage design (4 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
(November 1 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. The location and elevation of the pool 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.
18. 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.
19. 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 Burke Road, Fremont Road, and surrounding
roadways, storage of construction materials, placement of sanitary facilities, parking
Planning Commission
Lands of Eshghi
January 27, 2005
Page I I of 16
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.
20. 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 far building plan check.
21. 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.
22. 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 Public
Works Department for all work proposed within the public tight of way prior to
submittal of plans for building permit plan check.
23. 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 of plans for building plan check.
24. The property owner shall pay a pathway fee of $45.00 per linear foot of the average
width of the property prior to submittal of plans for building plan check.
C. FIRE DEPARTMENT:
25. 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.
Planning Commission
Lands of EshgM
January 27, 2005
Page 12 of 16
26. 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 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. CONDITION 12 SHALL BE COMPLETED AND
SIGNED OFF PRIOR TO ISSUANCE OF A BUILDING PERMIT.
Project approval may be appealed if done so in writing within 23 days of the date of the
Planning Commission's action. The building permit cannot be issued until the appeal period
has lapsed. The applicant may submit construction plans to the Building Department after
February 19, 2005, provided the applicant has completed all conditions of approval required
prior to acceptance of plans for building plan check.
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.
NOTE: The Site Development Permit is valid for one year from the approval date (until
January 27, 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.
Planning Commission
lands of Eshghi
January 27, 2005
Page 13 of 16
ATTACHMENT 2
RECOMMENDED FINDINGS FOR CONDITIONAL DEVELOPMENT PERMIT
FOR NEW RESIDENCE AND POOL
LANDS OF ESHGHI AND DOROODIAN, 13530 FREMONT ROAD
File #244-03-ZP-SD-VAR
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-family home, which will be replaced
with a new two-story house in approximately the same location. Due to the small size of
the lot and its corner location, both the existing and new residences encroach into the
front, side and rear setbacks. In addition, two required parking spaces for the new
residence will encroach in the front and side setbacks. The floor area and development
area of the proposed home are consistent with the MFA and MDA allowed for the site
and the proposed design meets the height requirements of the Town. The proposed
house is located in an older neighborhood with substandard lots and several
nonconforming structures.
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
size of the house is minimized by use of an L-shaped form that steps down at both ends.
The second story portion of the house is barely visible from Fremont because it is tucked
into the attic, under the mantle of the roof. At the two ends 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 pool and blend with the surrounding
neighborhood.
3. The rural character of the site has been preserved as much as feasible by minimizing
vegetation and tree removal, excessive and unsightly grading and alternation of natural
land forms.
The proposed residence will be located on the existing building pad, which will
minimize grading and alteration of natural land forms on the basically flat lot. A
number of fruit trees and shrubs will be removed to accommodate the new development.
Planning Commission
Lands of &hghi
January 27, 2005
Page 14 of 16
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. The existing driveway on
Fremont Road will be removed and the area will be replanted with natural vegetation. 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 and enhance 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.
Due to the difficulty of the substandard lot size and comer location, a Variance in
setback requirements is required to allow the house to encroach into the front, side and
rear yard setbacks and to allow two required parking spaces within the front and side
setback. 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.
Planning Commission
lands of Eshgtu
January 27, 2005
Page 15 of 16
ATTACHMENT 3
RECOMMENDED FINDINGS FOR VARIANCE IN SETBACK AND PARKING
FOR NEW RESIDENCE AND POOL
LANDS OF ESHGHI AND DOROODIAN, 13530 FREMONT ROAD
File #244-03-ZP-SD-VAR
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;
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, the proposed residence
and parking area encroach into the setback, in the same way the existing house and
parking area have encroached into the setback. 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 surrounding property 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 residence and parking area into the
setback 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 and parking variance will not adversely impact any
neighbors because the areas of encroachment are not immediately adjacent to neighbors
or are buffered by existing landscaping. More specifically, the encroachments into the
front and side setbacks will not affect the closest neighbors, who are across Burke and
Fremont Roads at a considerable distance, nor will they affect the general public
traveling along those streets. Although the new residence will encroach into the front
and side setbacks, it will be located a safe distance from the edge of pavement (at least
Planning Conunission
Lands of Eshghi
January 27, 2005
Page 16 of 16
24 feet) and sight distance for drivers will not be impaired. The encroachment of the
house into the rear setback will be buffered by existing mature trees and shrubs and will
not be injurious to the neighbors, whose residence is well setback from the property line.
The encroachment of the parking area into the side setback will not affect the neighbor to
the north because it will be screened with landscaping and separated from the residence
by a cottage that faces away from the parking area.
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 proposed new residence, pool and parking area are uses that are consistent with the
residential zoning designation of the property and surrounding properties.
X.,529334
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ATTACHMENT
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TOWN OF LOS ALTOS HILLS
26379 Fremont Road • Los Altos Hills- CaD ) 941-7222 • FAX (650) 941-3160
PLN��TMEM
WORKSHEET #1 ATTACHMENT
CALCULATION OF AVERAGE SLOPE, LOT UNITF� T AREA
MAXIMUM DEVELOPMENT ARE AND MAXIr�UM
. TITRN IN WITH YOUR APPLICATION
1. CALCULATION OF AVERAGE SLOPE
A. CONTOUR LENGTH WITHIN NET AREA OF LOT (An)
7 t feet
Convert inches to feet (multiply by map scale) _ (L) _ /'F%• �
B. AVERAGE SLOPE wTIHIN NET AREA OF LOT
I = contour interval L =total length of An = net acreage of
S = (0.0023) (1) (L) lot nearest .001
An in feet contours in feet
S = (0.0023) ( ( ) (74t %5 = 3 8 nearest 0.1%
( .4547)
2. CALCULATION OF LOT i1ATIT FAt:TC+
LUF = (An)(1 - [0.02143(S - 10)] ] = Q • lf�t7 Z nearest .001
If the average slope is less than 10%, the LUF for the lot is equal to the net area.
If the LUF is equal to or less than 0.50, you will need a Conditional Development Permit.
Make an appointment with the Planning Director for further information.
REV, 7116101 Page I of 2
WORKSHEET #1
(continued)
3. CALCULATION OF MAXIMUM DEVELOPMENT AREA (MDA)
A. for S equal to or less than 10% di' X 5
0.6 coo % .4,-54-74 A !0 t
MDA = (LUF) (15,000) _ (P. &47 Q square feet*
B. for S greater than 10% and less than 30%
MDA = (LUF) 115,000 - 375(S - 10)] =
C. for S equal to or greater than 30%
MDA = (LUF) (7,500) =
square feet*
square feet*
* If the MDA is less than 7,500 square feet (and the LUF is greater than 0.50), use 7,500 square feet for
your MDA
4. CALCULATION OF MAXIMUM FLOOR AREA (1�A
0.454? coo
A. for S equal to or less than 10% 1PS X
MFA = (LUF) (6,000) = 415V-0 J square feet**
B. for S greater than 10% and less than 30%
MFA = (LUF) [6,000 - 50(S - 10)] _ square feet**
C. for S equal to or greater than 30%
MFA = (LUF) (5,000) = square feet**
** If the MFA is less than 5,000 square feet (and the LUF is greater than 0.50) use 5,000 square feet for
your MFA.
NOTE: The MDA and MFA are maximums allowed by the Town Municipal Code. The City Council or the
Planning Commission may further limit development area or floor area due to site specific constraints
or site visibility (see "Site Development Policy Statement").
TORN USE ONLY CHECKED BYDATE / D— L$— V
MV 7n6rol Page 2 of 2
TOWN OF LOS ALTOS HILLS
PLANNING DEPARTMENT
26379 Fremont Road • Los Altos Hills, California 94022 • (650) 941-7222 • FAX (650) 941-3160
WORKSHEET #2
EXISTING AND PROPOSED DEVELOPMENT AREA AND FLOOR AREA
• TURN IN WITH YOUR APPLICATION
'ROPE ,TY OWNER'S NAME Hit s M" F=SH6 11
?ROPERTYADDRESS 1-8530 O o V
DATE to. I4•64
HAI-CULATED BY Fc6Al q( EKM4 ARS
1. DEVELOPMENT AREA
(SQUARE FOOTAGE)
A. House and Garage (from Pan 3. A.)
B. Decking
C. Driveway and Parking
(Measured 100' along centerline)
D. Patios and Walkways
E. Tennis Court
F. Pool and Decking
G. Accessory Buildings (from Pan B)
H. Any other coverage
Existing Proposed Total
(Additions/Deletions)
1.80A.0 + 21733.0 4.641.0,//
923.0 + 3 1.0 1.294, 0 ✓
1002.0 0 16 9.0
625.0 625.0 .%'
TOTALS �O
8,95 00 (o, (O28.0
leG47.0 klq
Maximum Development Area Allowed -MDA (from Worksheet #1) i
2. TOTAL IMPERVIOUS SURFACE
(SQUARE FOOTAGE)
TOT
TOTALS
3. FLOOR AREA (SQUARE FOOTAGE)
A. House and Garage
a. 1st Floor
b. 2nd Floor
c. Attic and Basement
d. Garage
B. Accessory Buildings
a. 1st Floor
Existing Proposed Total
1,525,0 51.0 2,087.0
L Existing Proposed Total
L
'-,IV be,
t�f]e/w✓[Gt�CC:} (Additions/Deletions)
I fTtd•O 325 0 2,771 .o
It31 o.0/ I F31o.o
b. 2nd Floor
c. Attic and Basement ✓
TOTALS ^908.0 z,-r33.o
Maximum Floor Area Allowed -MFA (from Worksheet #1) 4, 5•¢
TOWN USE ONLY CHECKED BY,C-(p D7`TE
Rev 3/20/02 Page 1 of 1 Town of Los Altos Hills
Jul 22 04 ll:S2a Clrments 6 Hssocltes
65U 862-9U81
p-2
_ESS 7' .-
/0°/j
Su XJP =F,,Q=i7 = J. ¢/
INSTRUMENT SETUP
Instrument point: 1 500.000
500.000
ne cor
Backsight point: 4 563.301
383.386
M<x InAc
Backsight Hearing: N 61"30120.4^ W
Distance: 132.69
EF �1
Remarks:
TYPE FROM TO DIRECTION DISTANCE NORTHING
____________
FASTING
------------
______ _____ _____ ________________ __________
INV 1 2 S 31°20100.0^ W
200.00 329.169
395.997
INV 2 3 N 22.58'00.0• W
163.19 479.423
332.321
TRAV 3 4 N 31°20'00.0^ E
98.90 563.899
383.750
Closure
-Closing line: S 61.12113.3^ E
132.65 from 4 to 1
Latitude (N): -63.90
Perimeter:
462.09
Departure (E): 116.25
Error of Closure:
1:3
Area: 19805.70 Square
feet 0.4547
Acres
Area and Perimeter have been reset.
_ESS 7' .-
/0°/j
Su XJP =F,,Q=i7 = J. ¢/
M<x InAc
MFA
1.16D
EF �1
CODESEL. 1 SHEET
UFC
Apppendix
IIIA
UK
903.2
UFC
902.2.4.1
FIRE DEPARTMENT
SANTA CLARA COUNTY
14700 Winchester Blvd., Los Gatos, CA 95032-1818
(408) 3784010 • (408) 378-9342 (fax) • w ,sccfd.org
ATTACHMENT (ci
PIAN REVIEW NUMBER 04 202G fVED
BLDG PERMrt NUMBER AUG 3 1 2004
CONTROLNUMBER TOWN 0E LOG (MS EI I I S_
FILE NUMBER 168-04-ZP-SD-VAR
DEVELOPMENT REVIEW COMMENTS
REQUIREMENT
of a proposed 5,275 square foot single family residence with an attached
1 Review of this Developmental proposal is limited to acceptability of site access and
water supply as they pertain to fire department operations, and shall not be
construed as a substitute for formal plan review to determine compliance with
adopted model codes. Prior to performing any work the applicant shall make
application to, and receive from, the Building Department all applicable
construction permits.
2 Required Fire Flow: The fire flow for this project is 2,000 gpm at 20 psi residual
pressure. The required fire flow is not* available from area water mains and fire
hydrant(s) which are spaced at the required spacing.
(*)-Insufficient flow from area hydrants.
3 Required Fire Flow Option (Single Family Dwellines): Provide an approved
fire sprinkler system throughout all portions of the building, designed per
National Fire Protection Association (NFPA) Standard #13D . The fire sprinkler
system supply valving shall be installed per Fire Department Standard Detail &
Specifications SP -6 (See attached). Noted on plans -thank you.
4 (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. Noted on plans -thank you.
LAH ❑ ❑ ❑ ❑ ❑ II ESSALAT HEKMA ARCHITECTS 18/24/2004 I 1 OE 2
I
Residential Development Hokanson, Wayne
SFR- ESHGHI � 13530 Fremont Rd
Organized as the Santa Clara County Central Fire Protection District
Seining Santa Clam Cowry and the comm nines of Campbell, Cupertino, Las Alms.
Los Altos HiN, Los Gatos, Monte Se enq Morgan Hill, and Svratoga
FIRE DEPARTMENT
SANTA CLARA COUNTY
14700 Winchester Blvd., Los Gatos, CA 95032-1818
(408) 378 4010 • (408) 378-9342 (fax) • ..sccfd.org
PLpNREVIEWNUMBER 04 2023
BLDG PERMIT NUMBER
COMNOLNUMBER
FILE NUMBER 168-04-ZP-SD-VAR
DEVELOPMENT REVIEW COMMENTS
=OOFJSEC SHEET NO. REOUIflEMEM
i4.4 5 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. Noted on plans -thank you.
Cqy PLANS SPECS NEW RMDL A$
OCL1RgNCY
CONST. TYPE
ArpDOn —
DATE
PAGE
1H ❑ ❑ ❑ ❑ ❑
ESSALAT HEKMA ARCHITECTS
8/24/2004
2 2
DF
:!FLOOR
pgEp
LWD
DECCgIPgON
gy
Residential Development
Hokanson, Wayne
,ME OF PgpIECT
LOCATION
SFR- ESHGHI
13530 Fremont Rd
Organized as the Santa Clara County Central Fire Protection District
senting Santa Clam County and the communities of Campbell, Cupertino, Los Altos,
Los Altos Hills, Los Gatos, Monte Sereno, Morgan NII, and Samtogo
ENVIRONMENTAL DESIGN COMMITTEE ATTACHMENT]
NEW RESIDENCE EVALUATIONtf�®I
Applicant's Name: 5,; 4zA q jf I t 100 20 o117Trvp • Arg 1 6 2004
Address: -F'R E -tts11 l F6�i7afGE:`l Q [O t:l Cs FILES
Reviewed by:Date: �• 3 • fit{— .
Existing Trees:
�i2ee4tWOC
W v�
(Comment on size, type, condition, location with respect to building
site. Recommended protection during construction.)4XI
Wye
Proposed Grading: (Impact on water table, nearby vegetation. Erosion potential. All
grading at least 10' from property line?)
� g
Creeks and drainage: (Should a conservation easement be recommended? Sufficient
space between house and conservation easement for circulation. Will
construction impact wildlife migration (bridges, fences)? Is there a
need for removal of invasive species?)
Siting:
wo �4
✓u ``° lk
�J-4-1
(View impact: ridgeline, across valley, on neighbors. Will driveway
impact neighbors' privacy (lights, noise)? Recommended mitigation
(height, color, landscape).) I _
C4 s�T .
Other Comments: � w% e S> 10 f
b2l�cwJL {,ti...d�z•�' F�,.Glrwzf,�...�--� �`,
6
ATTACHMENT 8
SMITH ENGINEERING & MANAGEMENT
RECEIVED
October 14, 2004
OCT 2 6 2004
TOWN OF LOS ALTOS IOt1S
Leslie Hopper / City Engineer
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022.
Subject: Site Plan for 13530 Fremont Road
Dear Ms. Hopper,
At the request of the applicant, I have reviewed the site plan for the proposed
reconstruction of the single family residence at 13530 Fremont Road in the Town of Los
Altos Hills with respect to the operational and safety characteristics of the proposed
driveway. I am a registered Civil and Traffic Engineer in California and am qualified to
perform this review. My resume is attached.
My review in this matter included both a review of the site plans and a personal on-site
inspection that included driving all possible approaches to the proposed driveway. In
summary, I believe that the operational characteristics of the driveway and its
intersection with Burke Road will be satisfactory and justify the Town approving this
aspect of the site plan. Details of my review are as follows.
The subject property at 13530 Fremont Road is at the northeast comer of the
intersection of the intersection of Fremont Road with Burke Road. The subject driveway
would access Burke Road as close as feasible to the north limits of the subject property
(as far away from the intersection of Burke with Fremont as possible).
The posted limit is 25 mph on both Fremont Road and Burke Road.
All approaches to the intersection of Fremont Road with Burke Road are stop controlled.
The approach of Deerfield Road, which intersects Fremont Road just west of the
intersection with Burke is also stop controlled. The stop control at the intersection
should result in a condition where any responsibly operated vehicle approaching the
proposed from any of the approaches that first pass through the intersection of Burke
and Fremont would be traveling at well below 25 miles per hour when the driver has a
clear line of sight to any vehicle entering or leaving the subject driveway, including the
vehicles that would have the most restricted sight line, those turning north onto Burke
from Fremont westbound.
TRAFFIC • TRANSPORTATION • MANAGEMENT
5311 Lowry Road, Union Crty, CA 94587 ml: 5I0489.9977 faz: 510.489,9478
In the current version of the site plan, the near (west) edge of driveway intersects Burke
approximately 75 feet from the north edge of the traveled way on Fremont (or a
distance of 96 feet measured on a centerline to centerline basis).
The proposed site plan provides a turnout pocket for right turns into the driveway. The
pocket is approximately 52.25 feet long by 9.62 feet wide. The turn out will allow
vehicles turning right into the driveway to move off of the traveled way before slowing to
turning speed and will create a safety zone that will enhance the sight distance of to and
from vehicles exiting the proposed driveway.
The internal layout of the driveway on the site is such that it allows and encourages
vehicles exiting the site to tum around so that they can exit moving forward rather than
backing out, thus also enhancing the sight line characteristics of the driveway
intersection.
The proposed hedge and fence line along Burke is set back approximately 21 feet from
the near edge of the traveled way on Burke.
No features of vertical alignment restrict sight distance with respect to vehicles traveling
at or moderately above the speed limit.
The above combination of features and conditions should provide for reasonable
operating conditions for entry and exit movements to and from the driveway with respect
to vehicles affected by the driveway's proximity to the Fremont -Burke intersection. The
driveway's characteristics would be normal with respect to operations involving vehicle
traffic approaching southbound on Burke Road.
Conclusion
I believe that the proposed driveway would have operational safety characteristics such
that it can reasonably be approved by the Town of Los Altos. In making this statement,
it must be observed that no amount of prudent design can preclude traffic accidents that
are caused by inattentive, negligent and hazardous driving behaviors.
We trust the foregoing will provide necessary input for the Town's consideration of this
matter. If there are questions regarding this analysis, I can be reached at the address
and telephone number indicated on this letterhead or by e-mail at dantsmithj@aol.com.
Sincerely,
Smith Engineering & Management
A lifomia C ra' n
Daniel T. Smith Jr., P.
President
U. No. 0938 ;0
LExp. �.� a