HomeMy WebLinkAboutStaff Report 434-10TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE: DECEMBER 6, 2010 CMR: 434:10
REPORT TYPE: CONSENT
SUBJECT: Appeal of the Director's Individual Review Approval of a New Single Family
Residence at 2615 Cowper Street
EXECUTIVE SUMMARY
This request is an appeal of the Director's approval of a Single Family Individual Review (IR)
application for a new two-story home at 2615 Cowper Street. Four or more Council Members' votes
would be needed to remove this item off the consent calendar to set the matter for a future hearing.
Appellants Wendy Lin and Andrew May, owners·ofthe 2624 Cowper Street located across the street,
were mailed all decision and hearing notices regarding the project. The Manager of Advance Planning
conducted the Director's Hearing and upheld the tentative approval. The appellants objected to the
location of the front lot line and the determination of lot size, but have not stated any concern for the
project's compliance with IR guidelines.
The Director's approval letter (Attachment A) describes the Director's Hearing focus and includes an
attachment describing the method used to calculate the subject property's lot size. The appeal letter
(Attachment B) sets forth the appellants' position.
RECOMMENDATION
Staff recommends that the City Council decline to hear the appeal of the (IR) application (file 10PLN-
00000-00152) for a new two story home at 2615 Cowper Street, thereby upholding the Director of
Planning and Community Environment's approval.
BACKGROUND
Council Review Authority
The City's Individual Review (IR) procedure provides for City Council "call up" of appeals. When the
Director approves an IR application after a Director's Hearing and a directly affected property owner
appeals the decision, the project is placed before Council on the consent calendar for final action. If
four Council members vote to remove the project from the consent calendar, ahearing by City Council
would need to be scheduled for a subsequent date. Otherwise, the item may be approved on consent
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calendar so that the Director's decision stands and no hearing is held. If the Council agrees to hear an
appeal, a hearing is scheduled as soon as practical (PAMC 18.77.075).
Project Review and Director's Approval
The Director's approval letter is attached (Attachment A), and focuses upon the concerns expressed by
the appellants at the Director's Hearing. The approval letter sets forth the applicable PAMC sections
and noted that the project on the subject property met all of the IR guidelines and R-l zone regulations
to allow the approval.
The IR application was submitted on April 27, 2010. Revised plans were submitted August 4,2010 to
address departmental comments. Written comments received from several neighbors prior to the
revisions were addressed in the revised plans. The concerns were: (1) preservation of the 48" diameter
valley oak; (2) the front setback, and (3) the architectural style and materials. The application was
tentatively approved on August 25,2010. Prior to the effective approval (14 days after the tentative
approval date), the appellants requested a Director's Hearing on September 7, 2010.
The appellants' request for a hearing was specifically to discuss the methodology for determining the
lot area of the subject site upon which the maximum allowable floor area was based. During the
hearing, the appellants reported that their property had a condition wherein the front property line
extended beyond the sidewalk toward the" street but that when 'they constructed a new residence in
2002, the area between the 60-foot right-of-way line and their front property line was deducted from
the lot area to determine allowable floor area, such that a total of 601 square feet was deducted from
the gross lot area of 6,866 square feet (s.f.) to a net lot area of 6,265 s.f .. The appellants stated that the
basis for floor area on the subject site should be calculated using the same methodology as was used to
determine their maximum allowable floor area, by assuming a right-of-way of 60-feet, to remove the
area beyond the sidewalk to determine the floor area for development at 2615 Cowper Street. This
would have resulted in a deduction of 485 s.f. of lot area (9.7 feet x 50 feet), resulting in a reduction of
145 s.f. of floor area. They stated that this method of calculation should be applied to all properties on
Cowper with a similar condition.
On October 8, 2010, after the October 7, 2010 Director's Hearing was held, the Director approved the
application without any modification or additional conditions. The approval letter was dated October
18, 2010. On November 1, 2010, the appellant submitted the appeal to Council (Attachment B, letter
of appeal).
DISCUSSION
The project meets all five of the guidelines for Individual Review and complies with the R-l Zone
District regulations for development. The IR guidelines include criteria related to: basic site planning;
neighborhood compatibility for height, mass and scale; resolution of architectural form, massing and
roof lines; visual character of street facing facades and entries; and placement of second-story
windows and decks for privacy. The project's compliance with the IR guidelines has not been
questioned by the appellants. The individual review program applies to construction of second stories
and is intended to mitigate the effects of that construction on neighboring homes. (Palo Alto Municipal
Code § 18.12.110(a)). Development applications subject to IR must be consistent with these
guidelines. (PAMC § 18.12.110(d)). Since the appellants have not identified any adverse affects of
the proposed project or misapplication of any of the guidelines, and the IR program is "intended only
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to mitigate the effects of second story construction" (PAMC § 18.l2.110(a)), the appellant's challenge
raises no relevant issues related to the IR approval and the Director's decision should be upheld.
Further, the appellants allege that treating the two properties differently is unfair and that the floor area
calculation for both properties should be based on the same conditions. However, the two properties
have different conditions and property lines that require treating them differently.
Cowper Street Right of Way
The segment of Cowper Street between Marion and Colorado Avenues is predominantly a 60-foot
wide right-of-way, with the exception of where the right of way abuts the subject property and the two
properties on either side of it (2601 and 2629 Cowper Street) on the same side of the street. The front
property lines for 2601, 2615 and 2629 Cowper Street are located at least 9.7 feet closer to the street
than the other properties on this side of the block.
The front property line of the subject site is located within the area of the public sidewalk, where a
"prescriptive" right of passage was assumed by staff in consultation with staff from the Public Works
Engineering and City Attorney's office. The distance from the front property line to the back edge of
the sidewalk is 2-feet, 10-inches, so that a total of 141.65 square-feet (50 feet by 2-feet, 10-inches) of
lot area is located within the area of the sidewalk.
2615 Cowper Street Net Lot Area
In determining the basis for allowable floor area for the subject property, staff required the applicant to
deduct 141.65 square-feet from the gross lot area of 6,100 square-feet to a net lot area of 5,958.35
square-feet. The commensurate reduction in maximum allowable floor area was set at 45 square feet.
George Tu, the owner of the subject property, submitted a copy of the legal document "Block Book
(book 12, page 5) dated revised April 2, 2002" for review by the Manager of Current Planning and
again at the Director's Hearing. The map clearly indicates (1) the existence of the 9.7· foot proj ection
of the front property line of the subject site and two adjacent properties toward the traveled street area,
unencumbered by right of way, and (2) no similar projection for 2624 Cowper Street property into the
established right-of-way. The front property line of 2624 Cowper is shown as consistent with the other
front property lines along that side of Cowper Street, measured at 30 feet from the centerline of the
road.
Appellants' Request
When the appellants applied for a building permit to construct a new single-story house at 2624
Cowper Street, on June 11, 2002, the front property line had already been adjusted and the actual
square-footage deducted from the total lot size. Though this information was not reflected in the City's
GIS data system initially, the actual recorded map takes precedence over other information. The
appellants seek the City staffs assistance with their own property as specified in their appeal letter, or
as an alternative, they would wish the subject property at 2615 Cowper Street be reduced further to
reflect what they believe should be a 60 foot right of way. This would result in a home with 100
square feet less floor area than the home approved through the IR process. However, because the
properties owned by the appellants and the applicant do not have similar easements or similar property
line locations, it is appropriate to treat them differently for calculation purposes. If, prior to issuance of
building permits, recorded evidence of an easement or dedication of additional right of way on 2615
3
Cowper is discovered, the applicant would be required to deduct from the lot area the amount of such
right of way.
ALTERNATIVE TO STAFF RECOMMENDATION
The Council's alternative to the staff recommendation IS outlined In Municipal Code Section
18.77.075(g)(2):
"Remove the recommendation from the consent calendar, which shall require four votes, and set the
application for a new hearing before the City Council, following which the City Council shall adopt
findings and take action on the application."
If the Council so directs, staff will identify a date for the hearing arid will provide appropriate public
notice in advance of the hearing.
POLICY IMPLICATIONS
The Appeal is based on issues that are not required to be considered in the IR process, or relevant to
the IR guidelines. The Director's decision to approve the application is consistent with staffs
. implementation of the Individual Review Guidelines, and with the policies and intent of the Individual
Review Process.
ENVIRONMENTAL REVIEW
This project is exempt from the provision of the California Environmental Quality Act (CEQA) per
Section 15303(a) of the CEQA Guidelines.
ATTACHMENTS
Attachment A:j Director's Approval Letter Dated October 18, 2010
Attachment B: Appellant's Letter of Appeal Dated November 1,2010
Attachment C: Plans (Council Members Only)
COURTESY COPIES
Applicant: George Tu, 2615 Cowper Street
Appellants: Wendy Lin and Andrew May, 2624 Cowper Street
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
~:::==~--
P~ing Manager
~\N&~
CURTIS WILLIAMS
Ir tor OfPlannilD~unitY Environment
c,( JAMES KEENE
j~ City Manager
4
Planning
ATTACHMENT A
October 18,2010
Yi-Ran Wu
Wec & Asscciates
2625 Middlefield Road, Suite 658
Palo Alto, CA 94306
~!tyg! P9!<?_AltQ
Department of Planning and
Community Environment
Subject: 2615 Cowper Street; Director's Hearing Decision;
Single Family Individual Review; 10PLN-00152
On October 8,2010, the Director of Planning and Communify Environment conditionally
approved the Individual Review (JR) application for a new two-story home at the above
address following the October 7, 2010, Director's Hearing. Tbe project was tentatively
approved on August 25, 2010 ·but the tentative approval did not become effective due to a
request for Director's Hearing made on September 7,2010. . .
DIRECTOR'S HEARING
The request for a hearing was specifically to discuss the m~thodology for determining the
lot area of the subject site upon which the maximum allowable floor area was based.
Attached to this letter is a description of the conditions and methodology for determining
lot area for the subj ect site.
The Director's Hearing was requested by the owners, Wendy Lin and Andrew May,
owners. of the home at 2624 Cowper Street. These neighbors reported during the hearing
that their property had a condition wherein the front property. line extended beyond the
sidewalk toward the street. When they constructed a new· residence in 2002, the area
between the 60-foot right-of-way line and their front property line was deducted from the
lot area to detennineallowable floor area. A total of 601. square feet was deducted fram
the gross lot area of 6,866 square feet (s.f.) to a net lot area of 6,i65 s.f ..
The hearing requester stated that the basis for floor area on the subject site should be
calculated using the same· methodology as was used ·to determine their maximum
allowable floor area, by assuming a right-of-way of 60-feet, to remove the area beyond
the sidewalk to determine the floor area for development at2615· Cowper Street. This
would have resulted in a deduction of 485 s.f. of lot area (9~7feet x 50 feet), resulting in a
reduction of 145 s.f. of floor area. They stated that this method of calculation should, in
fairness, be applied to all properties on Cowper with a similar condition.
DECISION AND FINDINGS
Based on information received at the October 7, 2010 Director's Hearing from the
applicant, the hearing requester and staff, as well as the information in the proj ect file, the
Hearing Office~ decided to uphold the August 25, 2010 decision without modification.
Transportation Building
250 Hamilton Avenue
P.O. Box 10250
250 Hamilton Avenue
P.O. Box 10250
285 Hamilton Avenue
p.o. Box 10250
Palo Alto, CA 94303
650.329.2441
650.329.2154
Palo Alto, CA 94303
650.329.2520
650.617.3108
Palo Alto, CA 94303
650.329.2496
650.329.2240
The approval is hereby granted pursuant to the Palo Alto Municipal Code (P AMC)
Chapter 18.12, Section 18.12.110 and Chapter 18.77, Section 18.77.075. The project
meets all five of the Palo Alto Single Family Individual Review Guidelines. These
include: Guideline One, Basic Site Planning, Guideline Two, Neighborhood
compatibility for Height, Mass and Scale, Guideline Three, Resolution of Architectural
Fonn, Massing and Rooflines, Guideline Four, Visual Character of Street Facing Facades
and Entries, and Guideline Five, Placement of Second-Story Windows and Decks for
Privacy.
CONDITIONS OF APPROVAL:
The approval is subject to the following conditions:
PLANNING DIVISION
1) Apply for a building permit and meet any and all conditions of the Planning, Fire,
Public Works, and Building Departments.
2) The project shall be constructed in substantial compliance with development plans
received on August 4, 2010 on file with the Planning Department, 250 Hamilton
Avenue, Palo Alto, California except as modified by these conditions of approval.
3) The total floor· area of the house shall not exceed 2,534.8 square feet. This is 45
square feet less than the total of 2,579.8 shown on the approved plans. The
location of the reduction of the 45 square feet is at the discretion of the applicant.
4) A copy of this approval shall be printed on the first page of the plans submitted
for building permit.
5) Upon submittal of an application for a building permit, building plans for any
covered project shall include a checklist and green building program deSCription,
reflecting any changes proposed since the planning entitlement phase (if a
planning entitlement was required). The checklist shall be inc~rporated onto a
separate plan sheet included with the building plans. A qualified green bUilding
professional shall provide evidence of adequate green building compliance or
documentation to the compliance official to satisfy the requirements of the
. standards for compliance outlined in Section 18.44.040, prior to issuance of a
building permit.
6) Based on the size of the proposed home, the project is required to achieve the
minimum point threshold of 70 points per the City of Palo Alto Green BUilding
Regulations (P AMC 18.44 Table B). This is based on a proposed house size of
2,534.8 square feet, less an allowance of 221.3 square feet for unconditioned
garage space, resulting in a basis of 2,424.15 square feet. (This reflects an allowed
deduction of 500/0 of the 221.3 square feet of unconditioned garage, or 110.65
square feet.) More information and the application can be found at
http://www.cityofpaloalto.org/depts/plnlgreen _ building/default. asp and all
questions concerning the City's Green Building Standards should be directed to
Kristin Heinen at (650) 329-2189.
PLANNING ARBORlST
PRIOR TO DEMOLITION, BUILDING OR GRADING PERMIT ISSUANCE
1) BUILDING PERMIT SUBMITTAL REVIEW. Prior to submittal for staffreview, the
plans submitted for building pennit shall be reviewed by the project site arborist to
verify that all the arborist's recommendations have been incorporated into the final
plan set. The submittal set shall be accompanied by the project site arborist's
certification letter that the plans have incorporated the following information:
a. Final Tree Protection Report (TPR) design changes ().nd preservation
measures.
h. Palo Alto Tree· Technical Manual Standards, Section 2.00 and P AMC
8.10.080.
c. Outstanding items. Itemized list and which plan sheet the measures are to be
located.
d. Landscape and irrigation plans are consistent with CPA Tree Technical
Manual, Section 5.45 and Appendix L, Landscaping under Native Oaks and
PAMC 18.40.130.
2) SITE PLAN REQUIREMENTS. The final Plans submitted for building pelIDit
shall include the following information and notes on the relevant plan sheets:
a. Sheet T -1 Tree Protection-it's Part of the Plan
(http://www.cityofpaloalto.org/environment/urbancanopy.asp ), Applicant shall
complete the Tree Disclosure Statement. Inspections and monthly reporting by
the project arborist are mandatory. (All projects: check #1; with tree
preservation report: check #2-6; with landscape plan: check #7.)
b. The Tree Preservation Report (TPR). There is a significar~t ordinance size
Valley Oak (#5 in arborist report) on the adjacent property and over covering a
significant portion of the new two-story residence on the proj ect site. This tree .
shall be carefully and diligently preserved and protected. All sheets of the TPR
approved by the City and' contained in the Kielty ATborist Report, dated May 9,
2010 and revised on July 6, 2010, shall be printed on numbered Sheet T-1 (T-2,
T-3, etc) and added to the sheet index.
c. Protective Tree Fencing Type. Delineate on grading plans, irrigation plans, site
plans and utility plans, Type II fencing around Street Trees and Type I fencing
around Protected/Designated trees as a bold dashed line enclosing the Tree
Protection Zone (per the approved Tree Preservation Report) per. instructions
on Detail #605, Sheet T-·1, and the City Tree Technical Manual, Section 6.35-
Site Plans.
d. Site Plan Notes. Note #1. Apply to the site plan stating, "All tree protection and
inspection schedule measures, design recommendations, watering and
construction scheduling shall be implemented in full by owner and contractor,
as stated in the Tr~e Protection Report on Sheet T -1 and the approved p 1 ans " .
Note #2. All civil plans, grading plans, irrigation plans, site plans and utility
plans and relevant sheets shall include a note applying to the trees to be
protected, including neighboring trees stating: "Regulated Tree--before
working in this area contact the Project Site Arborist at 650-515-9783." ; Note
#3. Utility plan sheets shall include the following note: "Utility trenching shall
not occur within the TPZ of the protected tree. Contractor shall be responsible
for ensuring that no trenching occurs within the TPZ of the protected tree by
contractors, City crews or final landscape workers. See sheet T -1 for
instructions."
3) TREE PROTECTION VERlFICATION. Prior to demolition, grading or building
pennit issuance, a written verification from the contractor that the required protective .
fencing is in place shall be submitted to the Building InspeCtions Division. The
fencing shall contain required warning sign and remain in place until final inspection
of the project.
DURING CONSTRUCTION
4) EXCAVATION RESTRlCTIONS APPLY·(TTM, Sec. 2.20 C & D). Any approved
grading, digging or trenching beneath a tree canopy shall be preformed using 'air
spade' method as a preference, with manual hand shovel as a backup. For utility
trenching, including sewer line, roots exposed with diameter of 1.5 inches and greater
shall remain intact and not be damaged. If directional boring method is used to tunnel
beneath roots, then Table 2-1, Trenching and Tunneling Distance, shall be printed on
the final plans.
5) PLAN CHANGES. Revisions and/or changes to plans before or during construction
shall be reviewed and responded to by the project site arborist, Kevin Kietly at 650-
515-9783, with written letter of acceptance before submitting the revision to the city
for review.
6) CONDITIONS. All Planning Department conditions of approval for the project shall
be printed on the plans submitted for building permit.
7) TREE PROTECTION COMPLIANCE. The owner and contractor shall implement all
protection and Contractor and Arborist Inspection Schedule measures, design
recommendations and construction scheduling as stated in the TPR, and is subject to
code compliance action pursuant to P AMC 8.10.080. The required protective fencing
shall remain in place until final landscaping and inspection of the project. Project
arborist approval must be obtained and documented in the monthly activity report
sent to the City. A mandatory Monthly Tree Activity Report shall be sent monthly to
the City beginning with the initial verification approval, using the template in the
Tree Technical Manual, Addendum 11.
8) TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to
Contractor. Reporting, injury mitigation measures and arborist· inspection schedule
(1-5) apply pursuant to TTM, Section 2.20-2.30. Contractor shall be responsible for
the repair or replacement of any publicly owned or protected trees that are damaged
during the course of construction, pursuant to Title 8 of the Palo Alto Municipal
.Code, and city Tree Technical Manual, Section 2.25.
9) GENERAL. The following general tree preservation measures apply to all trees to be
retained: No storage of materiat topsoil, vehicles or equipment shall be permitted
within the tree enclosure area. The ground under and around the tree canopy area
shall not be altered. Trees to be retained shall be irrigated, aerated and maintained as
necessary to ensure survival.
PRIOR TO occm ANCY
10) TREE INSPECTION. The contractor shall call for an inspection by the Proj ect
Arborist. A final inspection and report by the proj ect arborist shall evaluate all trees
to be retained and protected, as indicated in the approved plans, the activity, health,
welfare, mitigation remedies for injury, if any, and for the long term care of the trees
for the new owner. The report shall provide written verification to the Planning
Department that all trees, shrubs, planting and irrigation are installed and functioning
as specified in the approved plans. The fmal arborist report shall be provided to the
Planning Department prior to written request for temporary or final occupancy.
11) PLANNING INSPECTION. Prior to final sign off, contractor or owner shall contact
the· city planner (stephen.oconnell@cityofpaloalto.org) to inspect and verify Special
. Conditions relating to the tree protection measures.
POST CONSTRUCTION
12) MAINTENANCE. All landscape and trees shall be maintained, watered, fertilized,
and pruned according to Best Management Practices-Pruning (ANSI A300-2001 or
current versIon).
PUBLIC WORKS ENGINEERING
13) SIDEWALK, CURB & GUTTER: As part of this project, the applicant must replace
those portions of the existing sidewalks, curbs, gutters or driveway approaches in the
pubJic right-of-way along the frontage(s) of the property that are broken, badly
cracked,. displaced, or non-standard, and must remove any unpermitted pavement in
the planter strip. Contact Public Works' inspector at 650-496-6929 to arrange a site
visit so the inspector can determine the extent of replacement work. The site plan
submitted with the building permit plan set must show the extent of the replacement
work or include a note that Public Works' inspector has determined no work is
required. The plan must note th~t any work in the right-of-way must be done per
Public Works' standards by a licensed contractor who must first obtain a Street Work
Permit from Public Works at the Development Center.
14) STREET TREES: The applicant may be required to replace existing and/or add new
street trees in the public right-of-way along the property's frontage. Call Public
Works' arborist at 650-496-6905 to arrange a site visit so he can determine what
street tree work, if any, will be required for this project. The site plan submitted with
the building permit plan set must show the street tree work that the arborist has
detennined, including the tree species, size, location, staking and inigation
requirements. The plan must note that in order to do street tree work, the applicant
must first obtain a Permit for Street Tree Work in the Public Right-of Way from
Public Works' arborist.
The following comments are provided to assist the applicant at the building permit phase.
You can obtain various plan set details, forms and guidelines from Public Works at the
City's Development Center (285 Hamilton Avenue) or on Public Works' website:
www.cityofpaloa1to.org/depts/pwd/forms~ennits.
Include in plans submitted for a building permit:
15) GRADING & DRAINAGE PLAN: The plan set must include a grading & drainage
plan prepared by a licensed professional that includes existing and proposed spot
elevations and drainage flow arrows to demonstrate proper drainage of the site.
Adjacent grades must slope away from the house a minimuni of 20/0. Downspouts
and splashblocks should be shown on this plan, as well as any site drainage features
such as swales. Grading will not be allowed that increases drainage onto, or blocks
existing drainage from,. neighboring properties. Public Works generally does not
allow rainwater to be collected and discharged into the street gutter, but encourages
the developer to keep rainwater onsite as much as feasible by directing runoff to
landscaped and other pervious areas of the site. See the Grading & Drainage Plan
Guidelines for New Single Family Residences on our website.
16) STORM WATER POLLUTION PREVENTION: The City'S full-sized "Pollution
Prevention -It's Part of the Plan" sheet must be included in the plan set. Copies are
available from Public Works at the Development Center or on our website.
17) STREET TREES: Show all existing street trees in the public right-of-way. Any
removal, relocation or planting of street trees; or excavation, trenching or pavement
within 10 feet of street trees must be approved by Public Works' arborist (phone: 650-
496-5953). This approval shall appear on the plans. Show construction protection of
the trees per City requirements.
18) WORK IN THE RIGHT-OF-WAY: The plans must clearly indicate any work that is
proposed in the public right-of-way, such as sidewalk replacement, driveway
approach, or utility laterals. The plans must include notes that the work must be done
per City standards and that the contractor performing this work must first obtain a
Street Work Permit from Public Works at the Development Center. If a new
driveway is in a different location than the existing driveway, then the sidewalk
associated with the new driveway must be replaced with a thickened (6" thick instead
of the standard 4" thick) section. Additionally, curb cuts and driveway approaches
for abandoned driveways must be replaced with new curb, gutter and planter strip.
19) IMPERVIOUS SURFACE AREA: If the project will create or replace 500 square
feet or more of impervious surface, the applicant shall provide calculations of the
existing and proposed impervious surface areas with the building permit application.
The. Impervious Area Worksheet for Land Developments form and instructions are
available at the Development Center or on our website.
20) SIDEWALK ENCROACHMENT: Add a note to the building permit plan set that
says, "The contractor using the city sidewalk to work on an adj acent private bUilding
must do so in a manner that is safe for pedestrians using the sidewalk. The work area
must be coned or. taped off while still leaving at least 4 feet of sidewalk for pedestrian
use. If less than 4 feet of sidewalk is available for pedestrians, the contractor must
obtain an encroachment permit from PublicWorks to close the sidewalk."
This approval will become effective 14 calendar days from the postmark date. of this
letter~ unless an appeal is filed. as provided by Chapter 18.77.075 of the PAMC. Please
be aware that only the applicant or the owner or occupier of an adjacent property may
request a hearing. An appeal may be filed by filing a written request with the City Clerk
before the date the Director's decision becomes final. The written request shall be
accompanied by a fee, as set forth in the municipal fee schedule.
A copy of this letter shall accompany all future requests for City permits relating to this .
approval. This approval expires in 12 months from the. effective date.
Should you have any questions regarding this approval, please feel free to contact
Stephen O'Connell at stephen.oconnell@cityofpaloalto.org (650)-329-2552.
Sincerely,
~ --"-'-"'--"
~(~------~
Steven Turner
Advance Planning Manager
Attachment: Description
Project Manager: Stephen O'Connell
Attachment: Description of Conditions and Methodology for Determining 2615 Cowper
Lot Area
cc: Neighbor notification list
Description of Conditions and Methodology for Determining 2615 Cowper Lot Area
The segment of Cowper Street between Marion and Colorado Avenues is predominantly
a 60-foot wide right-of-way, with the exception of the subject property and the two
properties on either side of it (2601 and 2629 Cowper Street). The front property lines for
2601, 2615 and 2629 Cowper Street are located at least 9.7 feet closer to the street than
the other properties on this block.
The front property line of the subject site is located within the area of the public
sidewalk, where there is a "prescriptive" right of passage. The distance from the front
property line to the back edge of the sidewalk is 2-feet, 10-inches. A total of 141.65
square-feet (50 feet by 2-feet, 10-inches) of lot area are located within the area of the
sidewalk. In detennining the basis for allowed floor area, staff required the applicant to
deduct 141.65 square-feet from the gross lot area of 6,100 square-feet to a net lot area of
5,958.35 square-feet. The commensurate reduction in maximum allowable floor area was
45 square feet.
George Tu, the owner of the subject site, submitted a copy of the legal document "Block
Book (book 12, page 5) dated revised April 2, 2002" for review by the Manager of
Current Planning and again at the Director's Hearing. The map clearly indicates (1) the
existence of the 9.7 foot projection of the front property line of the subject site and two
adjacent properties toward the traveled street area, unencumbered by right of way, and
(2) no similar projection for 2624 Cowper Street property into the established right-of
way. The front property line of 2624 Cowper is shown as consistent with the other front
property lines along that side of Cowper Street, measured at 30 feet from the centerline of
the road.
Therefore, when the owners of 2624 Cowper Street applied for a building pennit to
construct a new single-story house on June 11, 2002, the front property line had already
been adjusted and the actual square-footage deducted from the total lot size. This
infonnation was not reflected in the City's GIST data system. However, the actual
recorded map takes precedence over other information.
Staff members from the Planning Department, Public Works and City Attorney's office
had previously met to review the issue. The existing documentation was reviewed and it
was determined: (1) there are no recorded city easements across the subject property,
(2) a prescriptive easement can be assumed across the sidewalk, and (3) the lot area, for
purpose of maximum floor area calculation, does not include the sidewalk in its entirety,
the space between the sidewalk and the street, and the street itself.
Q.I.TY OF PALO" LTO
CITY CLERKiSbFFICr
If) NOV -, AM 9: 5,3
City Council
250 Hamilton Avenue
Palo Alto CA 94301
)
Dear City Council Members,
Attachment B )
Wendy Lin and Andrew May
2624 Cowper St.
Palo Alto, CA 94306
October 30,2010
We are writing to appeal the decisions of the Director's Hearing on 1011811 0 regarding
the property located at 2615 Cowper Street.
The Director's Hearing decisions stated that our front property line was reduced because
of public-use easement at the time when we applied for the building permit. We believe
that giving the City the correct and proper public easement is the right thing to do; we
also believe that such a legal decision should be supp<?rted by proper documents. We
purchased the property with a lot size of 6969.6 square feet (per county records, although
the City's parcel 'report shows it as 6866 square feet), we have never received any letters
from the City stating the claim of such public space.
Thus we respectfully request for all legal documents showing our property front line
should be reduced by 10 feet, and property size should be 6265 square feet, based on
which the total floor area was calculated for our building permit.
Upon obtaining the official documents, we'd like to further request the City officials to
make all the changes and assist us with the appropriate changes with the County. In
addition, we would like to see a proportional reduction of our tax paylnent, dating back to
the date of our purchase (October 26, 2001).
Should there were no such legal documents in the City records, then we'd like to request
that the project at 2615 Cowper Street follow our example of-moving back the front
property line by 9.7 feet as the proper easement.
Finally, regardless of our property size, we, asconcemed city citizens, believe that it is
only appropriate to maintain the planned street width of 60 feet throughout the entire
street, for the sake of public safety and long-term cost benefits.
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We thank you very much for your considerations of our appeal.