HomeMy WebLinkAboutPC 04-20RESOLUTION PC 04-20
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 10758 MORA DRIVE
WHEREAS, The Town of Los Altos Hills received an application for a Condition Development Permit
(CDP19-0002), a Site Development Permit (SD19-0020) and a Variance (VAR19-0006) from Forrest
Linebarger for the construction of new 2,254 square -foot, two-story single-family residence with a 1,493
square -foot basement and attached garage and variances for 20 -foot side yard setbacks for the building,
10 -foot side yard setbacks for uncovered parking, and 13 -foot side yard setbacks for decks, hardscape
and basement lightwells at 10758 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 (CDP19-0002), a Site Development Permit (SDI9-0020)and a Variance
(VAR19-0006) 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 < '�adCg
Rajiv atel, Chair
ATTEST:
Z-ae iary Dahl, Planning and Building Director
Resolution 04-20 Page 1
EXHIBIT A
FINDINGS
1. With regard to the Conditional Development Permit (CDP 19-0002) and Site Development Permit
(SDI9-0020)for a new 2,254 square -foot, two-story single-family residence with a 1,493 square -
foot basement and attached garage and variances for 20 -foot side yard setbacks for the building, 10 -
foot side yard setbacks for uncovered parking, and 13 -foot side yard setbacks for decks, hardscape
and basement lightwells at 10758 Mora Drive, the Planning Commission cannot make the findings
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 10 feet into the required 30 -foot left side yard
setbacks. 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 (VAR19-0006)to allow for variances for 20 -foot side yard setbacks for
the building, 10 -foot side yard setbacks for uncovered parking, and 13 -foot side yard setbacks for
decks, hardscape and basement lightwells at 10758 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 variances would constitute a special privilege to
the property because the totality of the proposed setback encroachments for hardscape and
Resolution 04-20 Page 2
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 theproperty, 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 20 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 1,582 square -foot footprint of the proposed home would stretch 74 feet deep
on the 62.5 -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 04-20 Page 3