HomeMy WebLinkAbout4.1ITEM 4.1
TOWN OF LOS ALTOS HILLS February 6, 2014
Staff Report to the Planning Commission
SUBJECT: SITE DEVELOPMENT PERMIT FOR A NEW TWO-STORY
RESIDENCE, SWIMMING POOL, NEW DRIVEWAY ACCESS, AND
A SETBACK VARIANCE. LANDS OF ISCA ASSETS; 27640
SHERLOCK ROAD; FILE# 251-13-ZP-SD-GD-VAR
FROM: Cynthia Richardson, Consultant Planner 6`1?_
APPROVED: Debbie Pedro, AICP, Community Development Director
RECOMMENDATION: That the Planning Commission:
Approve the requested Site Development Permit for a new two story residence, driveway,
swimming pool and the requested setback Variance, subject to the recommended
Conditions of Approval in Attachment #1 and findings for the Variance in Attachment
#2.
BACKGROUND
The subject property is located on the west side of Sherlock Road. The existing residence
is a 2,253 square foot single story home with a detached accessory structure. The front
half of the new residence will be located in the same location as the existing residence.
This 2.6 acre property maintains an average slope of 47%. Approximately 5,000 square feet
of the parcel is relatively flat. Due to the very steep slopes and the small amount of flat area
on the property, the applicant was limited in the location of the new residence.
The existing residence encroaches into the current front setback by .17 feet. With this
application the property owner is required to dedicate a 30 foot wide road right of way
which increases the need for a setback variance.
CODE REQUIREMENTS
The proposal requires Planning Commission review per Sections 10-1.1103 (Variances)
of the Zoning Ordinance. The Planning Commission must make affirmative findings for
the Variance in order to approve the project. Findings for approval have been prepared
(Attachments #2) for the Commission's review. The Variance findings include the
evaluation of the physical site conditions which result in an undue hardship on the
property.
Planning Commission
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Page 2
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Site Data:
Gross Lot Area: 2.66 acres
Net Lot Area: 2.11 acres*
Average Slope: 47.4%
Lot Unit Factor: .529
*Net area based on future right of way dedication along Sherlock Road.
Floor Area and Development Area:
Area Maximum Proposed Existing Increase Left
Development 7,500 7,395 4,708 +2,487 105
Floor 5,000 4,995 2,253 +2,742 5
The proposed two story residence and development area utilize nearly all developable
square footage for the site. This existing non -conforming residence is considered a new
residence for purposes of this project due to the extent of the remodel. The new residence
will match the one story element within the front setback with the same location and
same height as the existing structure. A second story element is proposed behind the
front property line setback.
The exterior materials include smooth stucco, stained redwood siding and wood trims and
fascia. The roof is a flat gravel roof.
The proposed two story residence complies with height, floor area, and development area
standards per Title 10 of the Municipal.: Code. The proposed maximum building height is
27' at its highest measurement. Per Section 10-1.505(b)(2) of the Municipal Code, roof
eaves are allowed to extend up to 4 feet into any front, side, or rear yard where the
options for siting structures are substantially constrained by existing natural features of
the lot (e.g. steep slopes, unusual lot configuration or lot size). The applicant is proposing
a one foot overhang beyond the existing footprint into the front setback.
Setbacks/Variance
The applicant is requesting Variance approval for each of the following items:
1. Variance to locate a single story portion of a structure, 5'-6" from the front
property line where 40 feet is required. Variance includes 1,294 square feet of
floor area to be located within the front setback.
2. Variance to locate two required surface parking spaces 18 feet from the front
property line where 40 feet is required.
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The existing road easement is 25 feet wide (12 %2' half street). The Town's Engineering
department is requesting a new 30 foot half street dedication which will push the front
setback 17 Meet farther into the property. This increases the need for a setback -variance:
The Engineering Department is requesting the dedication, however the road right of way
dedication will not be accepted until such time that it is needed.
At the closest location the existing structure is 23 feet from the current front property line.
With the new right of way dedication the front setback will move 17 I/2 feet farther into
the property. The new plan proposed the closest part of the structure to be located 5 feet
6 inches from the new front property line.
In order to approve a Variance, the Planning Commission must find that there are
exceptional or extraordinary physical circumstances on the lot that create a physical
hardship for the property owner to comply with the typical standards.
Further, the intent of setbacks is to provide an undeveloped area between residential
properties and streets. Approving the proposed encroachments would not significantly
reduce privacy or the open space benefits of the neighborhood.
Driveway and Parking
New residences are required to provide four standard sized (10' x 20') ,parking spaces that
must be located within the required setbacks (Section 10-1.601). The proposed two car
garage complies with this requirement; however, the two uncovered required parking
spaces are proposed to partially encroach within the required front yard setback.
Grading and Drainage
The Engineering Department has reviewed the plans and has recommended conditions of
approval as specified in Attachment #l. All proposed grading on the site conforms to the
Town's grading policy. Proposed grading quantities for the project include 270 cubic
yards of cut and 60 cubic yards of fill. The total export is 210 cubic yards. The proposed
drainage for the site involves a storm water retention system.
Septic System
This property is not located near a sewer main therefore a septic system is required. The
applicant has obtained sign off from the Santa Clara County Health Department with
conditions. The conditions include County Health Department review of the final
building plans and the applicant's septic system consultant to verify the septic system
design and construction is completed in accordance with the plans (Conditions of
Approval #31-33). .
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Fire Department Review
The Santa Clara County Fire Department reviewed the plans and has required that a fire
sprinkler system is to be installed throughout all portions of the building (Condition of
approval #34). The proposed driveway complies with Fire Department standards.
Committee Review
The Pathways Committee has recommended that the applicant dedicate a pathway
easement over the private road right of way in front of the subject property.
The Environmental Design and Protection Committee noted that two 22 inch dead pine
trees had already been removed.
The Open Space Committee recommends that an Open Space Easement be dedicated
over the steep slopes of the property. (Condition of Approval #18). In addition, the
committee suggests that fire resistant vegetation be planted on the bare portion of the
slope just below the building site.
ENVIRONMENTAL CLEARANCE (CEQA)
The proposed single family residence is categorically exempt from the provisions of the
California Environmental Quality Act by provision of Section 15303, Class 3 (a).
ATTACHMENTS
1. Recommended conditions of approval
2. Recommended findings for the Variance
3. Applicant's findings for the Variance
4. Pathway Committee recommendation dated 8-27-13
5. Environmental Design and Protection Committee recommendation dated 8-23-13
6. Open Space Committee Recommendation dated 1-20-14
7. Development plans (Commission only)
ATTACHMENT I
Planning Commission
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ATTACHMENT 1
RECOMMENDED CONDITIONS FOR A
FRONT SETBACK VARIANCE FOR A NEW RESIDENCE
LANDS OF ISCA ASSETS, 27640 SHERLOCK ROAD
File #251-13-ZP-SD-GD-VAR
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. All existing Blue Gum (E. globulus), Pink Ironbark (E. sideroxylon rosea), River Red
Gum (E. camaldulensis), Swamp Gum (E. rudis), Honey Gum (E. melliodora), or
Manna Gum. (E. viminalis) eucalyptus trees on the property located within 150' of any
structures or roadways shall be removed prior to final inspection of the new
residence. Removal of eucalyptus trees shall take place between the beginning of
August and the end of January to avoid disturbance of nesting birds protected under
the Federal Migratory Bird Treaty Act (MBTA) and California Department of Fish and
Game Code Section 3500 et seq unless a nesting bird survey is first conducted and there is
a determination that there are no active nests within the tree.
3. After completion of rough framing or at least six .(6) months prior to scheduling a
final inspection, the applicant shall submit landscape screening and erosion control
plans for review by the Site Development Committee. The application for landscape
screening and erosion control shall be accompanied by the applicable fee and deposit.
The plans shall be reviewed at a noticed public hearing. Attention shall be given to
plantings which will be adequate to break up the view of the new residence from
surrounding properties and streets. All landscaping required for screening purposes
and for erosion control (as determined by the City Engineer) must be installed prior to
final inspection of the new residence. The landscape screening plan shall comply with
Section 10-2.809 (water efficient landscaping) of the Los Altos Hills Municipal Code.
4. A landscape maintenance 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.
5. Prior to beginning any grading operation, all significant trees, particularly the
heritage oak trees, are to be fenced at the drip line. The fencing shall be of a material
and. structure (chain-link) 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
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inspection. The fencing 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.
6. Prior to requesting the final inspection, a registered civil engineer or licensed land
surveyor shall certify in writing and state that "the location of the new residence, roof
eaves, all accessory structures and swimming pool are 40' from the front property
line and 30' from the side and rear property lines." The elevation of the new
residence unit shall be similarly certified in writing to state that "the elevation of the
new residence matches the elevation and location shown on the Site Development
plan." The applicant shall submit the stamped and signed letter(s) to the Planning
Department prior to requesting a final inspection.
7. Prior to requesting the final inspection, a registered civil engineer or licensed land
surveyor shall certify in writing and state that "the height of the new residence
complies with the 27'-0" maximum structure height, measured as the vertical
distance at any point from the bottom of the crawl space or basement ceiling if
excavated below natural grade, to the highest part of the structure directly above
(including roof materials)." The overall structure height shall be similarly certified in
writing and state that "all points of the building (including chimneys and
appurtenances) lie within a thirty-five (35 ) foot horizontal band based, measured
from the lowest visible natural or finished grade topographical_ elevation of the
structure along the building line and the highest topographical elevation of the roof
of the structure." The applicant shall submit the stamped and signed letter(s) to the
Planning Department prior to requesting a final inspection.
8. Exterior finish colors of all buildings shall have a light reflectivity value of 50 or less
and roof materials shall have a light reflectivity value of 40 or less, per manufacturer
specifications. All color samples shall be submitted to the Planning Department for
approval prior to submission of building permit plan. All applicable structures shall be
painted in conformance with the approved color(s) prior to final inspection.
9. No new fences are approved. Any new fencing or gates shall require review and
approval by the Planning Department prior to installation.
10. Lighting is approved as shown on the plans. No lighting may be placed within
setbacks except two entry or driveway lights. Any additional outdoor lighting shall be
approved by the Planning Department prior to installation.
11. Skylights, if utilized, shall be designed and constructed to reduce emitted light (tinted
or colored glass, or other material). No lighting may be placed within skylight wells.
12. Fire retardant roofing (Class A) is required for all new construction.
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13. At time of submittal of plans for building plan check, the applicant shall submit one
of the following checklists to demonstrate compliance with the Town's Green
Building Ordinance:
a. A GreenPoint Rated checklist with the building permit application to
indicate that the project will achieve a minimum of fifty (50) points. The
checklist shall be completed by a qualified green building professional and
shall be attached to the front of the construction plans. The construction
plans shall include general notes or individual detail drawings, where
feasible, showing the green building measure to be used to attain the
required points.
b. A LEED for Homes checklist with the building permit application to
indicate that the project will achieve a minimum of forty-five (45) points
or LEED certification. The checklist shall be completed by a qualified
green building professional and shall be attached to the front of the
construction plans. The construction plans shall include general notes or
individual detail drawings, where feasible, showing the green building
measure to be used to attain the required points.
14. Prior to final inspection and occupancy, a qualified green building professional shall
provide documentation verifying that the building was constructed in compliance with
GreenPoint Rated or LEED° certification.
15. Standard swimming pool conditions:
• Lights shall be designed so that the source is not visible from off-site.
• Drainage outfall structures shall be constructed and located to the satisfaction
of the City Engineer.
• Pool equipment shall be enclosed on all four sides with a roof for noise
mitigation and screening.
16. For swimming pools, at least one of the following safety features shall be installed to
the satisfaction of the Town Building Official:
• . The pool shall be isolated from access to the residence by an enclosure
(fencing).
• The pool shall be equipped with an approved safety pool cover.
• The residence shall be equipped with exit alarms on those doors providing
direct access to the pool.
• All doors providing direct access from the home to the swimming pool shall
be equipped with a self-closing, self -latching device with a release mechanism
placed no lower than 54 inches above the floor.
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17. All properties shall pay School District fees to either the Los Altos School District or
the Palo Alto Unified School District, as applicable, prior to acceptance of plans for
building plan check. The applicant must take a copy of worksheet #2 to school
district offices (both elementary and high school in the Los Altos School District),
pay the appropriate fees and provide the Town with a copy of the receipts.
18. The property owner shall grant an Open Space Easement to the Town on the
southern half of the property as shown in the Open Space Committee
recommendations dated January 20, 2014. The easement is to protect the fragile
sides of the canyon, the mature oaks and the creek bed. The property owner shall
provide legal description and plat exhibits that are prepared by a licensed land
surveyor and the Town shall prepare the grant document. The grant document shall
be signed and notarized by the property owner and returned to the Town prior to
acceptance of plans for building permit.
ENGINEERING DEPARTMENT:
19. Peak discharge at 27640 Sherlock Road, as a result of Site Development Permit 251-
13, 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 model(s) 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 peals discharge to the pre -development value. All
documentation, calculations, and detention storage design (2 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.
20. The Engineer of Record shall observe the installation of the drainage system,
construction of the energy dissipators, and completion of the grading activities and
state that items have been installed and constructed per the approved plans. A
stamped and signed letter shall be prepared and submitted to the Town prior to final
inspection.
21. All hydrant use is strictly prohibited by the Purissima Hills Water District. A permit
for obtaining water for grading and construction purposes must be obtained from the
Purissima Hills Water District, and submitted for approval to the Town Engineering
Department prior to acceptance of plans for building check. The permit will
authorize the use of water from specific on-site or off-site water sources.
22. 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
(October 15 to April 15) except with prior approval from the City Engineer. No
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grading shall take place within ten feet of any property line except to allow for the
construction of the driveway access.
23. All public utility services serving this property shall be placed underground. The
applicant should contact PG&E immediately after issuance of building permit to start
the application process for undergrounding utilities which can take up to 6-8 months.
24. 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.
25. 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 Sherlock Road and surrounding roadways, storage of
construction materials, placement of sanitary facilities, parking for construction
vehicles, clean-up area, and parking for construction personnel. A debris box (trash
dumpster) shall be placed onsite for collection of construction debris. Arrangements
must be made with the GreenWaste Recovery, Inc. for the debris box, since they
have a franchise with the Town and no other hauler is allowed within the Town
limits.
26. 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 for building plan check.
27. The property owner shall dedicate a 60' wide public right of way over the
northeast portion of the property and a 30' wide half width public right of way
along Sherlock Road to the Town. 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 acceptance of plans for
building plan check.
28. The property owner shall dedicate a pathway easement over the entire width of the
private road in front of the subject property to the Town. The property owner shall
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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
acceptance of plans for building plan check.
29. A permit for the septic system shall be issued by Santa Clara County Health
Department prior to acceptance of plans for building plan check.
30. Conditions of Santa Clara County Health Department shall be met prior to final
inspection.
ENVIRONMENTAL HEALTH DEPARTMENT:
31. The property owner shall consult with a septic system installer to ensure the existing
design can be' installed or modify the septic system. A letter shall be submitted to the
Santa Clara County Environmental Health Department and the applicant must obtain
the Santa Clara County Department of Environmental Health approval prior to
submitting for a building permit.
32. If the proposed leach field (200 feet) cannot be installed entirely in the upper field
and/or any portions of the lower field where the expansion field is located, a full soil
study (soil profile, percolation test) along with a geotechnical report will be required.
33. The applicant shall obtain the Santa Clara County Department of Environmental
Health Department approval prior to final inspection and occupancy of the
residence to ensure that the septic system and floor plans are constructed per plan.
FIRE DEPARTMENT:
34. An automatic residential fire sprinkler system approved by the Santa Clara County Fire
Department shall be included in all portions of the building. Three sets of plans prepared
by a sprinkler contractor shall be submitted to the Santa Clara County Fire Department
(14700 Winchester Blvd., Los Gatos, CA 95032) for review and approval. The
sprinklers shall be inspected and approved by the Fire Department, prior to final
inspection and occupancy of the new residence.
35. 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.
36. All construction sites must comply with applicable provisions of the CFC Chapter 14
and standard detail and specifications SI -7.
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37. Potable water supplies shall be protected from contamination cause by fire protection
water supplies. It is the responsibility of the applicant and any contractors to contact
the water purveyor supplying the site of such project, and to comply with the
requirements of that purveyor. Such requirements shall be incorporated into the
design of any water based fire protection systems, and/or fire suppression water
supply systems or storage.
38. This project is located within the designated wildland-urban interface fire area. The
building construction shall. comply with the provisions of California Building Code
(CBC) Chapter 7A. Vegetation clearance shall be in compliance with CBC Section
701A.3.2.4.
39. The applicant's geotechnical consultant shall review and approve all geotechnical
aspects of the project building and grading plans (i.e., site preparation and grading,
site drainage improvements and design parameters for foundations, retaining walls
and driveway) to ensure that the recommendations have been properly incorporated.
The results of the plan review shall be summarized by the Geotechnical Consultant in
a letter and submitted to the Town Engineer along with other documents for
building permit plan -check.
40. The geotechnical consultant shall inspect, test (as needed), and approve all
geotechnical aspects of the project construction. The inspections shall include, but
not necessarily be limited to: site preparation and grading, site surface and subsurface
drainage improvements, and excavations for foundations and retaining walls prior to
the placement of steel and concrete. The results of these inspections and the as -built
conditions of the project should be described by the geotechnical consultant in a letter
and submitted to the Town Engineer for review prior to final (as -built) project
approval.
CONDITION NUMBERS 8, 13,17,18, 19, 21, 24, 25, 26, 27, 28, 29, 31 and 39. SHALL
BE COMPLETED AND SIGNED OFF BY THE PLANNING DEPARTMENT AND
THE ENGINEERING DEPARTMENT PRIOR TO ACCEPTANCE OF
CONSTRUCTION PLANS FOR PLAN CHECK BY THE BUILDING
DEPARTMENT.
Project approval may be appealed if done so in writing within 22 days of the date of this
notice. The building permit cannot be issued until the appeal period has lapsed. The
applicant may submit construction plans to the Building Department after February 28,
2014 provided the applicant has completed all conditions of approval required prior to
acceptance of plans for building plan check.
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Please refer to the Conditions of Project Approval set forth herein. If you believe that
these Conditions impose any fees, dedications, reservation or other exactions under the
California Government Code Section 66000, you are hereby notified that these
Conditions constitute written notice of a statement of the amount of such fees, and/or a
description of the dedications, reservations, and other exactions. You are hereby further
notified that the 90 -day approval period in which you may protest such fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has
begun. If you fail to file a protest within this 90 -day period complying with all of the
requirements of Section 66020, you will be legally barred from later challenging such
exactions.
Upon completion of the construction, a final inspection shall be required to be set 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
February 6, 2015). All required building permits must be obtained within that year and
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work on items not requiring a building permit shall be commenced within one year and
completed within two years.
ATTACHMENT 2
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ATTACHMENT 2
RECOMMENDED FINDINGS FOR APPROVAL OF A VARIANCE TO ALLOW
ENCROACHMENTS AND PARKING WITHIN THE FRONT SETBACK
LANDS OF ISCA ASSETS — 27640 SHERLOCK ROAD
FILE #251-13-ZP-SD-GD-VAR
1. 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;
The variance request is to locate a new residence 5 foot 6 inches from the front
property line where 40 feet is required and to locate uncovered parking spaces 18
feet from the front property line where 40 feet is required. This 2.6 acre property
maintains an average slope of 47%. Approximately 5,000 square feet of the parcel
is relatively flat. Due to the very steep slopes and the small amount of flat area on
the property, the applicant was limited in the location of the new residence. In
addition, due to the road right of way dedication the usable flat area of the lot is
further reduced.
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 granting of the variance would serve the intent and purpose of the Zoning
ordinance because the applicant is not increasing the degree of nonconformity on
the property. The front building setback will be decreased from 17 feet to 5 feet 6
inches due to the road right of way dedication. However, the actual road
pavement will not change and therefore the visual effect of the structure will feel
the same to the neighborhood.
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 this variance does not appear to be materially detrimental or
injurious to other property owners. The encroachment of the new residence and
uncovered parking spaces will not substantially increase the bulk of the new
residence within the setback and will not result in negative visual impacts to the
adjacent neighbors.
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4. The variance will not authorize a use or activity which is not otherwise expressly
authorized by the Zoning District regulations governing the parcel ofproperty.
The granting of the variance will not allow a use or activity that is not expressly
authorized by the Zoning Ordinance. The use of a new residence and uncovered
parking spaces are consistent with the residential zoning designation of the property.
ATTACHMENT 3
01.07.2014
VARIANCE REQUEST FINDINGS LETTER
Dear Sir/ Madam
Please find attached information describing the scope of the requested Front Setback Variance
for a single family Residential addition at 27640 Sherlock Road:
1. Because of exceptional or extraordinary circumstances applicable to the subject property,
including size, shape, topography, location, or surroundings the strict application of the
ordinance is found to deprive the property of privileges enioved by other properties in the
vicinity and under identical zoning classifications:
As the attached survey copy shows, this beautiful.2.11 Acres lot is comprised mostly of
extremely sloped ground over 50%, subjecting it to the minimum LUF of 5000 Sq. Ft. and
minimum MDA of 7,500 Sq. Ft. The exiting home, comprising of two detached structures, is
located on the only flat / buildable area of the lot, in close proximity to a private road
established after the house was constructed and surrounded by several clusters of live oaks
on the north part of the lot, opposite the dramatic slopes. Due to a dedication and front
setback requirement the majority of the existing home and the flat buildable area is located
inside the front setback. To allow constructing a minimum size home and maximizing the
potential of the property, the project is proposing using the existing home and requesting a
front, single story setback variance to allow connecting the two existing structures with the
proposed first and second story addition constructed in its entirety beyond the setback line.
2. That upon granting of the Variance, the intent and purpose of the ordinance will still be
served and the recipient of the Variance will not be granted special privileges not enioved by
other surrounding property owners:
The project proposes maintaining the current zoning of the lot- that of a single family home,
designed to follow the allowed development size requirements for a lot comprising in its
majority of slopes greater than 50% and height requirements. The variance, should it be
granted will allow to
3. That granting the Variance will not be materially detrimental to the public welfare or
1
iniurious to the property, improvements or uses within the immediate vicinity and within the
same zoning district:
The requested variance is for a single story residential addition, separated both physically and
concealed visually from an existing private road, by two existing structures comprising the
existing home. the proposed addition requiring the variance is designed to be located 40'
beyond the road boundary, running along the front boundary or the property. Said addition
is neither visible or accessible from adjacent properties, and maintains the existing structure
as in its original residential use. Further more, the property has been assigned with no
objections from the owner, with a road dedication by the Pathway Committee, allowing
public access and use of Sherlock road bordering and crossing through the private property.
4. That the Variance will not allow a use or activity which is not expressly authorized by the
Zoning Ordinance:
The proposed project, for a portionof which a front setback variance is here by requested, is
proposing to maintain the original, existing residential use of the property. Furthermore,
consideration in favor of the variance will allow bringing an existing, dramatically sloped
property to its full development potential, befitting of the standards of the Town of Los Altos
Hills.
We hope you find these finding satisfactory to consider in favor of granting the
requested this variance request.
Sincerely,
Revital Kaufman -heron
Principall
BEKOM DESIGN, INC.
F
ATTACHMENT 4
Pathway Committee
Meeting Date: 7 AU c, RC1/ File #: %
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Applicant Name: C�%�/ S S//� 's
Property Address:
Recommendation:
In -Lieu Fee
Notes/comments:
Construct Type II B Pathway
Notes/comments:
Dedicate pathway easement
❑ Restore existing pathway
Notes/comments:
❑ Other
Notes/comments:
,4)
ATTACHMENT5
ENVIRONMENTAL DESIGN and PROTECTION COMMITq-,J&,Ect)
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ATTACHMENT 6
Open Space Committee Report
26740 Sherlock Road
January 20, 2014
A member of the Open Space Committee met with Revital Meron of BeKom Design on
January 14 to inspect the subject property. The site was examined from the top at
Sherlock Road, where the existing structure is located, to the bottom of the property,
some 150' below. After reviewing the project, the Committee concluded that an open
space easement should be created to protect the lower portion of this property and keep
it in its natural condition.
From a few feet to the rear of the existing structure, the slope drops sharply into a steep
canyon to a dry creek at its base just across the south properly line. Because of the
extreme steepness, much of it in excess of 50%, and the very loose soil on the slope,
there is a high danger of erosion into the creek bed. Any disturbance of the slope would
lead to the soil washing into the creek and downstream into the neighboring property at
27271 Moody Rd. There is no discernable top of this creek bank until reaching the
building site on Sherlock Road.
Two established deer trails traverse the slope, demonstrating that wildlife uses hillside
as a corridor. The steep slope is covered with chaparral with a number of oaks near the
bottom of the canyon. Two of the adjacent properties (27371 Moody Road and 27761
Moody Road) have recorded open space/conservation easements contiguous to the
subject property.
Recommendation: To protect the fragile sides of the canyon, the oaks and creek bed,
and to connect to adjacent conservation easements, the Open Space Committee
recommends the creation of an open space easement on the lower portion of the
subject property following the guidelines in the Los Altos Hills General Plan (see Land
Use Element and Open Space and Recreation Element in addendum 1). The proposed
easement would be enclosed by the four boundaries shown in addendum 2. In addition,
the OSC recommends planting fire resistant vegetation on the bare portion of the slope
just below the existing structure.
Reviewed and approved at the Open Space Committee meeting of January 16, 2014.
George Clifford, Chair
ADDENDUM1
Land Use Element
Los Altos Hills General Plan
Page LU -9
Program 2.1
Continue to require the dedication of open space easements where appropriate as a
condition of approval for new development. Each parcel shall be evaluated on a case-
by-case basis during the site development review process to determine whether an
open space easement should be required, based on the extent of steep slopes
generally in excess of 30% slope and the presence of heritage oak trees and/or creek
corridors. Other considerations shall include the size of the proposed open space
easement, its contiguity with existing open space easements, and whether the property
is located within an Open Space Conservation Area.
Open Space and Recreation Element
Los Altos Hills General Plan
Page 10
Program 1.2
Continue to require the dedication of open space easements as a condition of approval
for development of parcels in designated Open Space Conservation Areas in order to
protect steep slopes, canyons and ravines, generally in excess of 30% slope, as well as
areas with Heritage oak trees, or other environmentally sensitive areas such as along
creeks and riparian corridors.
ADDENDUM 2
NOTE; TREEYSIZE-, CONDOMS 'r0 T:M PRE. -HIS .'AAP
APPROnATE ANO ;HQULO OE VEIa1tD BY P "R11F!Eq BY ME OR
2,5740 SHERLOCK. ROAD \ ARBORIST. WITH ME
NOTE,• THE LOCATION OF THE UNaERGRCS{NO IITTL:BES ACT. THE
PROPOSED OPEN SPACE SEMEN- SNOVAN ON THIS SLAP ERE BASEa aN LARu cs dAU'q BASED N
IN YHE ..-lEW BY STH &S. 1HCnE AWY. JE OTffEq LANG SOR
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OERGRCUNO U%LLlE. THAT °:GSf ON THIS \ Sft THAT ARE NOS SHW.+N ON THIS PLAN. CLEARLY CEPNEO /
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MARKINGS THAT E;ISTED'AT THE ME OF THE SURVEY /
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