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ITEM 3.1 TOWN OF LOS ALTOS HILLS March 10, 2016 Staff Report to the Planning Commission SUBJECT: CONDITIONAL DEVELOPMENT PERMIT FOR ADDITIONS, A FLOOR AREA VARIANCE, AND A SETBACK VARIANCE; LANDS OF POLYAKOV/SABSOVICH; 25541 FREMONT ROAD; FILE #297-15-ZP-SD- VAR r/ FROM: Genevieve Fernandez, Assistant Planner APPROVED: Suzanne Avila,AICP, Planning Director SA RECOMMENDATION That the Planning Commission: Make the Conditional Development Permit(CDP) findings in Attachment 1, the Variance findings in Attachment 2 and approve the project as proposed, subject to the conditions in Attachment 3. Alternatively, the Commission may approve the project with modified conditions. BACKGROUND The subject property is a .3 acre parcel located on the south side of Fremont Road near Edith Avenue. The existing two story residence was approved by the Planning Commission on November 26, 1986. As part of that Conditional Development Permit approval, a maximum development area (MDA) of 5,000 square feet and maximum floor area (MFA) of 3,500 square feet were established for the property. The 1986 staff reports,minutes and conditions of approval are Attachments 7 through 11. The 1986 project was modified based on conditions of approval and the actual constructed project resulted in 3,016 square feet of floor area and 5,706 square feet of development area. The applicant is proposing to remove a portion of hardscape and two sheds for a net reduction of 129 square feet of development area. Removal of these improvements will also reduce the amount of encroachment into the setback and reduce the degree of nonconformity. On December 3, 2015 the subject Conditional Development Permit (CDP) and Variance applications were considered by the Planning Commission. The Commission continued the matter and directed the applicant to reduce the amount of floor area being proposed. Three Commissioners were supportive of eliminating the rear addition entirely. The Commission also discussed limiting the balcony enclosures to the existing building footprint and not allowing any additional floor area beyond the established footprint. On January 6, 2016 the Planning Commission again considered the project. The applicant had not made any revisions to the plans. Staff included requested supplemental documents from the original house approval and the applicant presented additional information regarding the history of the property. The Commission continued the matter and requested that the addition does not extend beyond the established building footprint.Three Commissioners supported the motion.The Commission also determined that a floor area variance would be required to be granted in order to approve the project.