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b. That upon the granting of the variance, the intent and purpose of the applicable sections of this title 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 setback variance for the proposed residence does not infringe on the intent and purpose of the Zoning Code because the dwelling will be at least 30 feet from the west side property line (which is the minimum required setback for all structures) and only a small portion of the private vehicular access easement is used for access for a single neighbor. c. That 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 variance for building setback will not be detrimental to public welfare or surrounding properties as the proposed development does not exceed the maximum floor area or development area standards, the residence will meet the typical 30 -foot setback standards for the typical lot, adequate access to a public road is available, and the structures and parking can be screened by landscaping and will not be highly visible to surrounding properties. d. That the variance will not authorize a use or activity which is not otherwise expressly authorized by the zoning district regulations governing the parcel or property. The use or activities associated with the variance request are permitted uses in the R -A District. 3. With regard to the Grading Policy exception request, the Planning Commission makes the following findings: a. There is a sufficient basis to support the Grading Policy exception to allow for fill that exceeds three feet for the lower, eastern portions of the proposed driveway and for cut that exceeds four feet for the upper, western portions of the proposed driveway and adjacent patio. Given the average slope of the lot (38.5 percent), any new development on this site would be significantly restricted without allowing some exceptions from the Town's Grading Policy. The grading work and export will not take place during the Town's grading moratorium (October 1 to April 30) and will be done in accordance with Town procedures for grading and construction operations. b. The proposed grading achieves the purpose of the Los Altos Hills Municipal Code Section 10-2.702(c) which states: "The amount of grading, excavation or fill shall be the minimum necessary to accommodate proposed structures, unless grading is proposed to lower the profile of the buildings." The proposed grading for the driveway is the minimum necessary to accommodate a compliant fire truck turnaround and the additional cut for the patio is necessary to restore the existing retaining walls on the west end of the property above the residence. Resolution PC 06-21 Page 3