HomeMy WebLinkAboutPC 03-20RESOLUTION PC 03-20
RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF LOS ALTOS
HILLS DENYING A CONDITION DEVELOPMENT PERMIT, SITE DEVELOPMENT
PERMIT AND A VARIANCE FOR THE CONSTRUCTION OF A
NEW TWO-STORY HOUSE AT 10728 MORA DRIVE
WHEREAS, The Town of Los Altos Hills received an application for a Condition Development
Permit (CDP19-0001), a Site Development Permit (SD19-0019) and a Variance (VAR19-0005) from
Forrest Linebarger for the construction of new 2,483 square -foot two-story house with a 1,447 square
foot basement and attached garage with variances for a 13 -foot side yard building setback along the
south property line, a 10 -foot side yard setback for uncovered parking, and a 10 -foot setback for
decks, hardscape and basement lightwells on the south side yard at 10728 Mora Drive ("Project");
and
WHEREAS, the Project is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15303(a) since the project includes the construction of a new single-
family residence where public services are available in a residential zone; and
WHEREAS, the Project application was processed in accordance with the applicable provisions of
the California Government Code and the Los Altos Hills Municipal Code; and
WHEREAS, the Planning Commission held duly noticed public hearings on the Project on December
19, 2019 and October 1, 2020 and considered all written documentation and public comments; and
NOW, THEREFORE, the Planning Commission of the Town of Los Altos Hills hereby DENIES
the Condition Development Permit (CDP 19-0001), a Site Development Permit (SD 19-0019) and a
Variance (VAR19-0005) subject to the findings in Exhibit "A" and incorporated herein by reference.
The above and foregoing Resolution was passed and adopted by the Planning Commission of the
Town of Los Altos Hills at a regular meeting held on the 5th of November 2020, by the following
vote:
AYES:
Patel, Indaco, Couperus, Smith, Waschura
NAYS:
None
ABSTAIN:
None
ABSENT:
None
By:
Rajiv f atel, Chair
ATTEST:
lZat6hary Dah , Planning and Building Director
Resolution 03-20 Page 1
EXHIBIT A
FINDINGS
1. With regard to the Conditional Development Permit (CDP 19-0001) and Site Development Permit
(SDI9-0019)for a new 2,483 square -foot, two-story single-family residence with a 1,447 square -
foot basement and variances for a 13 -foot side yard building setback along the south property line,
a 10 -foot side yard setback for uncovered parking, and a 10 -foot setback for decks, hardscape and
basement lightwells on the south side yard at 10728 Mora Drive, the Planning Commission cannot
make the finding contained in Section 10-1.1007(3)(a) as follows:
(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 size and design of the proposed residence does NOT 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 proposed residence is a large, two-story structure
located on a narrow lot that that would encroach up to 17 feet into the required 30 -foot left
side yard setback. The proposed floor area and footprint of the residence are excessive given
the narrow lot width and substandard lot area, leading to a proposed development intensity
that is lacking in balance, unity and harmonious appearance in relation to the surrounding
neighborhood. A design that reduces the overall building height and footprint and increases
articulation and wall relief to reduce the amount of building volume in the side yard setback
is necessary for the new residence to establish compatibility with surrounding residential
development.
2. With regard to the Variance (VAR19-0005) to allow for variances for a 13 -foot side yard building
setback along the south property line, a 10 -foot side yard setback for uncovered parking, and a
10 -foot setback for decks, hardscape and basement lightwells on the south side yard on a 0.374
acre lot at 10728 Mora Drive, the Planning Commission cannot make the findings contained in
Section 10-1.007(2)(b) as follows:
(2) 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 variance request does NOT serve the intent and purpose of the applicable sections of this
title and would constitute a special privilege not enjoyed by other surrounding property
owners. Section 10-1.1007(2)(a) of the Los Altos Hills Municipal Code provides that "the
purpose of the variance is to resolve practical difficulties or undue hardships, not of the
applicant's own malting, which may result from the exceptional size, shape, topography,
location, or other physical site conditions." Although the lot where the development is
proposed to be constructed is narrow, the design of the proposed residence has not been
reasonably adjusted to the constraints of this property. In addition, the requested setback
encroachments are not consistent with the rural character of Los Altos Hills and the proposed
residence is too large for the size, shape and topography of the lot. Granting the requested
Resolution 03-20 Page 2
variances would constitute a special privilege to the property because the totality of the
proposed setback encroachments for hardscape and building volume significantly exceed what
is enjoyed by surrounding property owners and the level of building volume encroachment
could be reduced while still allowing for a reasonably sized residence on the property.
(3) 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 such variances for the proposed residence WILL be materially detrimental to
the public welfare and injurious to surrounding properties in the immediate vicinity within the
R -A zoning district as the development is proposed to be within 13 feet of the property line of
the adjacent lot and is not designed in a way that is compatible with existing development in
the neighborhood. The 1,577 square -foot footprint of the proposed home would stretch 81
feet deep on the 63.5 -foot wide property (average width) and the two-story design would result
in potential visual impacts that cannot be adequately mitigated through landscape screening.
The neighborhood in the immediate vicinity of the proposed project contains a mixture of
residential structures with varying setback distances and separation between the main
residential buildings of adjacent properties, as well as frequent demonstrated articulation, all
of which lessens the visual impact of the structures on the neighboring properties. The
proposed residence requires further design alterations in order to lessen the impact of the
development on the neighboring properties as well as the existing character of the
neighborhood, and granting the requested setback variances would be materially detrimental
to the public welfare and neighboring properties.
Resolution 03-20 Page 3