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HomeMy WebLinkAboutItem 3.23.� TOWN OF LOS ALTOS HILLS May 3, 2007 Staff Report to the Planning Commission RE: SITE DEVELOPMENT PERMIT FOR A LANDSCAPE SCREENING PLAN AND NEW SWIMMING POOL. LANDS OF ALON, 27673 LUPINE ROAD. (9- 07-ZP-SD-GD) FROM: Brian Froelich, AICP, Associate Planner�— APPROVED BY: Debbie Pedro, AICP, Planning Director RECOMMENDATION That the Planning Commission: Approve the requested Site Development Permit for a landscape screening plan and swimming pool, subject to the attached conditions of approval in Attachment 1. The new two-story residence and basement were conditionally approved on appeal by the City Council at their meeting on March 17, 2005 (SDP#247-03-ZP-SD-GD). The Planning Commission first reviewed the project at the July 22, 2004 hearing and continued the project requesting that the applicant work to lower the house by up to 10 feet, reduce the size of the second story, and propose a landscape screening plan for immediate installation. The applicant returned with a redesign to the Planning Commission on January 27, 2005. The revised plans showed the house lowered by three (3) to five (5) feet and a portion of the second floor moved back, farther away from the road right-of-way. The Planning Commission denied the project 3-1-1. On March 17, 2005, the City Council approved the project with specific conditions including: • Reduce the floor area by 560 square feet. • Install immediate landscape screening. • Install a combination of synthetic turf and solar panels on the roof. • Install non -reflective glass on the entire building. The new residence is a contemporary two-story design with a partial basement and an attached two -car garage. Throughout the public hearing process several neighbors have stated their concerns with the size, visibility, and architecture of the proposed home. DISCUSSION Article 8 of the Site Development Code (Attachment 2) addresses landscaping to maximize compatibility of development with the natural environment and to ensure that Planning Coni nission Lands of Alon 27673 Lupine Road May 3, 2007 Page 2 of 7 structures, as viewed from off-site, blend harmoniously with the natural landscape and are unobtrusive. Landscape Screening Plan The applicant was required to install immediate screening as conditioned by the new residence approval. The applicant has exceeded the minimum screening requirement and installed 61 coast redwoods, 19 oak trees, and 250 English Laurel shrubs around the perimeter. Several redwood trees and Bay Laurel shrubs were installed outside the property boundaries and are required to be transplanted inside the property boundary (condition #7). Two (2) of the recently installed coast redwoods are within proximity to a storm drain pipe. The Town Engineer has required that these trees be transplanted to a different location (condition #15). With this application the applicant is proposing to install several additional trees and shrubs including: • 3-48" Coast Redwoods • 148" Phoenix canariensis (Canary Island palm) • 150-15 gallon English Laurel Planning Commission Lands of Alun 27673 Lupine Road May 3, 2007 Page 3 of 7 Pool and Spa The pool and spa are proposed to be located to the southwest (front) of the residence and would not encroach into any of the required setbacks. The proposed new patios, walkways, pool, spa, and decking total 1,028 square feet of new development area. Area Maximum Proposed Existing Increase Left Development 16,038 15,544 14,516 1,028 494 Floor 7,586 0 7,482 0 104 Fences, Columns. and Gate The proposed plan shows new fences and driveway entry columns and gates. The proposed fence is a four and a half (4.5) foot tall black vinyl coated chain link fence along the Lupine Road frontage and along the vehicular access easement used by the Lands of Lee, 27751 Lupine Road. The Town Engineer has required that fences that cross the drainage easement be installed with gates for access and maintenance. The proposed columns measure five (5) feet nine (9) inches tall and are a minimum of 32 feet from the centerline of the Lupine Road right-of-way. The columns include one louvered light each. The proposed entry gate averages six (6) feet tall and complies with Town standards. Li Plain The applicant has proposed nine landscape lights along the driveway within the front setback. Lighting Policy #1 allows two driveway column lights in the front setback only and the Planning Director or Planning Commission can allow additional lighting for safety. The proposed lights in the setback are downlights and will be mounted less than one foot from grade. Per Lighting Policy #2 the lights alternate on each side of the driveway to avoid a "runway" appearance and are spaced at approximately 20 feet apart. Committee Review The Environmental Design Committee provided comments that were forwarded to the property owner and landscape team. The committee noted the proposed driveway fights in the setback. They also recommended that the applicant should include additional plantings near the residence. Planning Commission [ands of Alon 27673 Lupine Road May 3, 2007 Page 4 of 7 ENVIRONMENTAL CLEARANCE (CEOA The proposed swimming pool and landscaping is categorically exempt from the provisions of the California Environmental Quality Act by provision of Section 15303, Class 3 (e) and Section 15304, Class 4 (b). ATTACHMENTS 1. Recommended conditions of approval 2. Article 8 of the Site Development Code (includes Ordinance 503) 3. Outdoor Lighting Policy 4. Comments from Environmental Design Committee, dated January 29, 2007 5. July 22, 2004 Planning Commission Meeting Minutes 6. January 27, 2005 Planning Commission Meeting Minutes 7. March 17, 2005 City Council Meeting Minutes 8. Landscape screening plans (Commission only) Planning Commission Lands of Alon 27673 Lupine Road May 3, 2007 Page 5 of 7 ATTACHMENT 1 RECOMMENDED CONDITIONS FOR A LANDSCAPE SCREENING PLAN AND SWIMMING POOL LANDS OF ALON, 27673 LUPINE ROAD File #9-07-ZP-SD-GD A. PLANNING DEPARTMENT: 1. Any further changes or modifications to the approved plan or the required landscaping shall be first reviewed by the Planning Director or the Planning Commission, depending on the scope of the changes. 2. All new plantings shown on the plans shall be installed prior to final inspection. All exposed slopes must be replanted for erosion control to the satisfaction of the Engineering Department prior to final inspection. 3. A landscape maintenance deposit of $10,000.00 shall be posted prior to final inspection. An inspection of the landscape to ensure adequate establishment and maintenance shall be made two years after installation. The deposit will be released after two years if the plantings remain viable. 4. Outdoor lighting locations are approved as shown on the plans. Any future proposed lighting shall be first submitted for Planning Department review and approval prior to installation. Lighting shall be the minimum needed for safety, shall be down shielded, low wattage, and shall not encroach or reflect on adjacent properties. 5. The location of all fences, gates, and columns shall be certified in writing by a registered civil engineer or licensed land surveyor as being in/at the approved location and elevation shown on the approved Site Development plan prior to final inspection. 6. The location and of all fences, gates, and columns shall be certified in writing by a registered civil engineer or licensed land surveyor as being in/at the approved location and elevation shown on the approved Site Development plan prior to final inspection. Planning Commission [ands of Alon 27673 Lupine Road May 3, 2007 Page 6 of 7 7. All trees and shrubs installed in the right of way shall be relocated onsite to the satisfaction of the Town Engineer and Planning Director. This condition shall be satisfied prior to final inspection. S. All fences and plantings installed (temporarily or permanently) outside the property boundaries shall be completely removed prior to final inspection. 9. For swimming pools, at least one of the following safety features shall be installed to the satisfaction of the Town Building Official: a. The pool shall be isolated from access to the residence by an enclosure (fencing). b. The pool shall be equipped with an approved safety pool cover. c. The residence shall be equipped with exit alarms on those doors providing direct access to the pool. d. 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. 10. Standard swimming pool conditions: a. Lights shall be designed so that the source is not visible from off-site. b. Drainage outfall structures shall be constructed and located to the satisfaction of the City Engineer. c. Pool equipment shall be enclosed for noise mitigation and screening. The pool equipment enclosure shall be screened with landscaping and may not encroach into any required setbacks. B. ENGINEERING DEPARTMENT: 11. The site drainage associated with the proposed development must be designed as surface flow wherever possible to avoid concentration of the runoff. The proposed drainage shall be designed to maintain the existing flow patterns. Final drainage and grading shall be inspected by the Engineering Department and any deficiencies corrected to the satisfaction of the Engineering Department prior to final inspection. 12. Any, and all, changes to the approved grading and drainage plan shall first be approved by the Town Engineering Department. No grading shall take place during the grading moratorium (October 15 and April 15) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line. Planning Commission Lands of Alon 27673 Lupine Road May 3, 2007 Page 7 of 7 13. The location and elevation of the pool shall be certified in writing by a registered civil engineer or licensed land surveyor as being in/at the approved location and elevation shown on the approved Site Development plan prior to final inspection. 14. 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 15. The two redwood trees installed in the Storm Drain Easement (as redlined on the approved plan) shall be relocated onsite to the satisfaction of the Town Engineer and Planning Director. This condition shall be satisfied prior to final inspection. 16. Any, and all, areas on the project site that have the native material disturbed shall be protected for erosion control during the rainy season and shall be replanted prior to final inspection. 17. If any trees or large shrubs are proposed to be planted within the right of way or public utility easements, a letter shall be required to be submitted which has been stamped and signed by a registered civil engineer verifying that the proposed plantings, when mature, will not conflict with any existing public utilities that are located either underground or overhead and will not negatively impact the available sight distance for traffic on the adjacent roadways or block existing pathways or roadways. The letter shall be required to be submitted to the Engineering Department prior to final project approval and prior to commencement of planting. Upon completion of the construction, a final inspection shall be set with the Planing and Engineering Departments at least two weeks prior to final building inspection approval. CONDITION NUMBER 14 SHALL BE COMPLETED, REVIEWED, AND APPROVED PRIOR TO ACCEPTANCE OF CONSTRUCTION PLANS FOR PLAN CHECK BY THE BUILDING DEPARTMENT. NOTE: The Site Development permit is valid for one year from the approval date (until May 3, 2008). All required building permits most be obtained within that year and work on items not requiring a building permit shall be commenced within one year and completed within two years. ATTACHMENT 2 § 10-2.703 LOS ALTOS HILLS MUNICIPAL CODE § 10-2.802 necessary to carry out the purposes of this chapter. (§ 6, Ord. 384, eff. October 18, 1996) Article S. Landscaping Sec. 10-2.801. Purpose. The purposes of this article ate to create the maximum compatibility of development with the natural environment; to preserve the rural qualities of the Town, to insure that structures, is viewed from off-site, blend harmoniously with the natural landscape and are unobtrusive; to maintain soil stability, to abate noises; to protect wildlife habitats; to retain aesthetic quality; and to protect properties against fire and other natural forces. (§ 15, Ord. 299, eff. December 11, 1985) Sec. 10-2.802, Landscaping policies. (a) Erosion. Landscaping shall be required to control erosion, retard soil creep, and reduce the potential for landslides.. . (b) Noise. Landscaping and berms may be required to shield Town residents from unnatural noises' -such as those from freeways, arterial streets, and nonresidential land uses: (e) Visual effects. Landscaping shall be required to mitigate the visual effects of development from off the site: - (d) Preferred plans. Landscaping should utilize fire retardant - species. Native or naturalized plants or other plant species that blend naturally with the landscape should generally be favored: (e) Maintenance. Landscaping shall be maintained in -healthy condition by property owners and shall not intrude into easements, paths, or the lines -of --site required at intersections and along roads. (f) Tree preservation. Every feasible attempt should be made to preserve existing trees. (g) Views. In order to prevent blockage of scenic views and vistas, the height at maturity of proposed plants and trees shall be considered in determining the appropriateness of landscaping plans. (h) Amount required. The Town shall require only the minimum amount of landscaping necessary to implement. the above policies. The amount of landscaping required by the Town shall be determined by the size of structure, the types of materials, and the colors proposed for struc- tures. Structures that blend with the natural landscape will normally require (Los Altos Hills 10.15-97) 1058 ORDINANCE NO. 503 ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AMENDING SECTION 10-2.802 OF THE MUNICIPAL CODE WITH REGARD TO LANDSCAPING POLICIES WHEREAS, the City Council of the Town of Los Altos Hills ("Town") wishes to preserve the rural qualities of the Town, to insure that structures, as viewed from off-site, blend harmoniously with the natural landscape and are unobtrusive; to maintain soil stability, to abate noises; to protect wildlife habitats; to retain aesthetic quality; and to protect properties against fire and other natural forces. WHEREAS, the City Council of the Town of Los Altos Hills ("Town") has deternrined that eucalyptus trees me invasive, nonnative tree species which are not suitable within the vicinity of structures and roadways because they are potential safety and fire hazards. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN as follows: 1. AMENDMENT OF CODE. Section 10-2.802 of Article 8 (Landscaping) of Chapter 2 (Site Development) of Title 10 (Zoning and Site Development) of the Los Altos Hills Municipal Code is hereby amended to read as follows: Sec. 10-2.802. Landscaping policies (f) Tree preservation. Every feasible attempt should be made to preserve existing trees except those trees identified in the Los Altos Hills Landscape Guidelines invasive plant list. (g) Eucalyptus Trees. All existing Blue Gum (E. globulus), Pink Ironbark (E. sideroxylon rosea), River Red Gum (E. camaldulensis), Swamp Gum (E. rudis), Honey Gum (E. melliodora), and Manna Gum (E. viminalis) eucalyptus trees shall be removed at the time of the construction of a principal residence or at the time of the construction of any structure, combination of structures, addition or alteration to structures which individually or cumulatively equal or exceed twelve hundred (1,200) square feet of floor area. Exceptions shall be made for eucalyptus trees greater than 150' from any roadways or structures. 2. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take effect thirty (30) days after adoption. Within fifteen days after the passage of this ordinance the City Clerk shall cause this ordinance or a summary thereof to be published once, with the names of those City Councilmembers voting for or against it in a newspaper of general circulation in the Town of Los Altos Hills, as required by law. I oft § 10-2.805 LOS ALTOS HILLS MUNICIPAL CODE § 10-2.901 (c) The type of landscaping shall be appropriate for the composition of the soil in which the plantings are to be located. Required landscaping should thrive with as little maintenance as possible. (§ 15, Ord. 299, eft. December 11. 1985) Sec. 10-2.806. Irrigation systems. Sprinklers and other landscape irrigation systems shall not be allowed in any public right-of-way without an encroachment permit. (§ 15, Ord. 299, eff. December 11, 1985) . Sec. 10-2.807. Maintenance of landscaping. Landscaping shall be maintained in a natural, healthy condition. Diseased or dead plants shall be replaced. Combustible brush shall be removed from the site. A minimum of twelve (12') feet vertical clearance shall be maintained over driveways, public pathways and public rights-of-way. Landscaping shall be maintained according to .the conditions of any performance bond filed with the Town: (§ 15, Ord. 299, eff. December 11, 1985] Sec. 10-2.808. Fences and walls. Any wall. or fence may be required to be landscaped. (§ 15, Ord. 299, eff. December I1, 1985) Sec. Article 9. Recreation Courts Sec. 10-2.901. Tennis and other recreation courts. (a) . Grading. Grading for tennis courts and other recreation courts shall not exceed six (6') feet of fill or twelve (121. feet of cut and fill. A site development application for a tennis orother recreation court which proposes grading in excess of the limits in this article may be approved. by the Planning Commission upon finding that the excess cut or fill, (i) Will not result in slopes prone to landslides or soil creep; (d) Can be landscaped and/or contours rounded to render the cut or fill inconspicuous when viewed from off the site; (iii) Can be properly drained according to methods approved by the City Engineer. (b) Screening. Recreation courts shall be landscaped and screened sous to be unobtrusive from off-site. The structure will 1059 (Los Altos Hills 34-87) § 10.2.802 IAS ALTOS HILLS MUNICIPAL CODE § 10-2.805 less landscaping for screening purposes than will structures composed of non -natural materials and bright colors. Where slopes are too steep to support continuous ground cover, niches and ledges may be required for planting. Landscaping may be required for cuts and fills along public roads. (§ 15, Ord 299, eff. December 11, 1985) Sec. 10-2.803. Site development. Landscaping to tender structures inconspicuous from off-site and in conformance with the provisions of this chapter shall be requited by the Site Development Authority as a condition of approval of a site devel- opment application. _ (§ 15, Ord. 299, eff. December 11, 1985) Sec. 10-2.804.Preferred species lisL . The Planning Director shall maintain a preferred species list for distri. bution to applicants. The list shall note any special qualities of particular plant species, such as size at maturity, drought or faro resistance, soil requirements, etc: (§ 15, Ord. 299, eff. December 11, 1985) Sec. 10-2.805: Size and.placgment. The number and size at maturity of plants used to screen and break up the outline of structures should be scaled to the size of the structures and the siting angles from prospective viewing points; the types of building materials used, and the color scheme of the structure. In evaluating the adequacy of proposed landscaping, the following guidelines shall be considered: (a) The shape, outline, color, and form of all structures shall be tendered unobtrusive when viewed from any location off-site at the time landscaping has matured (b) The type of landscaping used shall be sensitive to the natural topography. For example, on steep slopes, plants that will maximize erosion control should be selected. 1058-1 (Los Altos Hills 10.15-97) ATTACHMENTS TOWN OF LOS ALTOS HILLS Policy Re: Outdoor Lighting Code Sections: Article 10-2.10 of the Site Development Ordinance outlines criteria for outdoor lighting. In particular, Section 10-2.1003 indicates that outdoor lighting should use "the minimum wattage lights which will safely illuminate the area" and that outdoor light sources "shall be shielded so as not to be directly visible from off-site." The Zoning and Site Development Ordinances limit lighting within the setbacks to "driveway light fixtures, limited to one fixture on each side of a driveway, for a maximum of two (2) fixtures per lot," but additional fixtures may be approved if necessary for safety. Intent: The purpose of Code provisions regarding outdoor lighting is to assure that the open and peaceful character of the Town is maintained, that adequate lighting is provided for the enjoyment of outdoor use areas, and that lighting does not intrude on the privacy of neighbors. The intent of this policy is to clarify more specifically the types and numbers of lighting fixtures that the Town feels are generally consistent with the Code provisions, but to allow flexibility for additional lighting when it is necessary for safety purposes or where it is not visible from off the site. Policy: 1. The number of lights on the exterior of a structure should be limited to providing for one light per doorway, with the exception of two lights at the main entrance, at double doors -Dr garage doors, etc., and additional lights only where the Planning Director or Planning Commission determines they are needed for safety. 2. Pathway and driveway lighting should be restricted to low -height fixtures and should be spaced the maximum distance apart which will still provide for safe use. In order to avoid a "runway" appearance, it is recommended that lighting be placed on only one side of the driveway or walkway, or alternate from one side to the other. Recessed louvered lights are suggested for walkways and steps. 3. Generally, lighting fixtures should be shielded downlights for which the bulb is not visible from off site. Exceptions may be permitted in limited locations (entry, garage, etc.) or where the fixtures would not be visible from off site. 4. Downlighting from trees is acceptable if provided for safety or for outdoor use areas, where minimal in number, and where the bulb is not visible from off site. Outdoor Lighting 5. Uplighting of trees is generally not allowed, unless it is clearly demonstrated that the number of such lights are minimal and the glow of the uplighting would not be visible from off site. 6. Spotlights should be limited in number, and directed away from clear view of neighbors. Shielding of spotlights with shrouds or louvers is suggested. 7. High intensity discharge lighting, such as mercury vapor, high and low pressure sodium, and metal halide lighting, is prohibited. 8. Lighting in setbacks is limited to two driveway light fixtures only, for the purpose of locating and identifying the site. No lights are allowed in side or rear yard setback areas, except where determined to be necessary for safety. 9. The Planning Commission and/or staff may allow lighting different than that outlined above when the proposed outdoor lighting is determined to be necessary to safely illuminate the area, or where the size of the property and/or extensive screening will assure that lighting glow and fixtures are not visible from off site. Approved by City Council: September 30, 1997 l �� e� w� . 9-� Environmental Design and 1'rotectimt Couunillce ATTACHMENT 4 Landscape/llardscape Evaluation Applicant Dade Mitigation: Crecks, drainage, casements: Planting Plan: Significant issues/comments: JAN 2 9 2007 TONT! OF LOS ALTOS HILLS Planning Commission Minutes July 22, 2004 Page 2 4. PUBLIC HEARINGS ATTACHMENT 5 Approved 8/17/04 4.1 LANDS OF ALON, 27673 Lupine Road (247-03-ZP-SD-GD); A request for a Site Development Permit for a 7,578 square foot new residence (maximum vertical height 27) (continued from the June 29, 2004 Fast Track Hearing) (staff - Angelica Herrera Olivera) Staff introduced the request for a two story residence with a basement and swimming pool which was continued from the June 29`" Fast Truck hearing. At that meeting, seven separate property owners voiced concern with the proposed residence. The issues centered on the structure height, visibility, and architectural style. The applicant's residence does not exceed the maximum height, floor, and development area standards or minimum setbacks. However, it does not fully comply with non -numerical standards stipulated in Site Development Ordinance Section 10- 2.702, which grants the Planning Commission discretion to restrict the height of any structure proposed on highly visible lots. The applicant is proposing to render the proposed structure unobtrusive by the use of: specific color selection for the roofing and exterior siding materials that will blend with the natural landscape and through extensive landscape screening. The lot's high elevation in comparison to surrounding properties and the leach field's location between the residence and the street may make it impractical to adequately screen the new residence from neighboring properties with large trees. Chairman Kerns asked staff for clarification regarding conditions #2 and #3 ("reviewed and approved" by the adjacent property owners rather than "just reviewed"). OPENED PUBLIC HEARING Stan Field, project architect, provided three packets to the Commission, staff and neighbors for review. He stated that Los Altos Hills is a diverse community and the style of homes that have grown up tend to express that diversity. This particular neighborhood is typical of this overall picture representing an eclectic mix that is somehow tied together through an added emphasis placed on good landscape design together with a rigorous yet valid grading policy of the Town which ensures any structure is well grounded and follows closely the natural topography of the land fall. He further discussed the design philosophy of the structure. The site, although large in gross acreage is constrained by the slope and lot unit factor. A shared driveway and easements cut into the site at an angle, a large drainage swale which is subject to seasonal flooding, oak trees, and septic field define the building siting. He felt the building siting was compatible with the terrain and its slight angle to the contours is compensated by the four foot step in the design. The house is well set back from paths and the street which preserves privacy yet retains individuality and interest. The house is also well framed by both the land around and above it together with the large existing and proposed trees. He noted that they tried unsuccessfully to follow the Town's policy of shared driveways but eventually decided to create a separate driveway on the southern end which successfully allows garage doors not to face the street. He continued by discussing the main architectural features, materials and colors as well as the trellis. The roof areas will be covered with earth tone colored gravel to prevent any glare and will be free of any unsightly equipment. Planning Commission Minutes Approved 8/12/04 July 22, 2004 Page 3 In discussing the neighbors views, he noted the following: 1) Harrison: they have consulted extensively with them as they are the most affected and through careful discussions, have arrived at a positive tree screening proposal that works to the benefit of all. 2) Hamilton: view is minimally affected and they would like to propose offering the Hamiltons the services of their landscape team to propose the appropriate plantings on their property as this will be the most affective screening solution, possibly requiring a low bush of approximately 4 feet in height and 8 feet wide. 3) Lee: they are situated on the top of the hill above the Alons. They have inspected their property extensively and believe that they will not be affected other than the concerns regarding the glare which will be mitigated through the use of earth tone colored gravel. 4) Haghighi: their views are partially screened by the massive Eucalyptus and Heritage Oak and will benefit from the same screening that satisfied the Harrisons. In conclusion, he stated, based on the sectional drawing, trees along the Lupine street property line will adequately soften the overall setting. He did agree with staff that the site is a highly visible lot. Also, he noted that the story poles have been positioned along the extremities of the stone walls. This was done for simplification but does not accurately reflect the much smaller outline created by the three dimensional stepping and terracing in both plan and section. A third of the proposed house is 2'6" above the height of the existing house and two thirds of the proposed house is lower than the existing house. Further discussion ensued regarding the septic field in front of the house where they propose to landscape. Mr. Field stated they have a series of terraces they will propose as part of the landscaping, however, the landscape plan has not been developed. They are confident that there will be sufficient area between the leach field and the house. He discussed the siting of the house and the reasoning for the location (pushed back up the hill as far as possible on site) due to the constraints of the lot. They do need as much leach field as possible in front of the house as it is the only available place. Any proposed screening requires that the house sit back as far as possible. Chairman Kerns felt that if the house was moved forward it would lower the top of the house and may be easier to screen. Mr. Field referred to the grading policy. The present structure elevation is at 359. Mr. Field felt the design was consistent with the recommendations of the Town regarding blending into the site. Chairman Kerns asked if it was correct that they were considering moving the location of the pool. Mr. Field responded YES. At the time the landscape screening plan is submitted, the pool location will be changed. Rick, project landscape representative, felt it was important to screen the views to the property from the street. The Harrison's property is up on the hill. They will have a view of the house from their finished floor or from their porch. The issue for the Harrison's would be to have pleasant landscaping to look at (not necessarily putting redwoods right up against the building) and for him, making the house fit the context of the neighborhood. He felt the trick would be to screen the view from the driveway to the house. He further responded to questions regarding screening the fagade of the house facing south (small area between the leach field and house). He felt they could use the same approach used on the adjacent residence (Lands of Patel). Planning Commission Minutes Approved 8112/04 July 22, 2004 Page 4 Mr. Alon, applicant, felt there were two issues: screening/planting from the street which the Patel residence represents very clearly; and the issue of how additional screening can be made pleasant for the Harrisons. He provided a computer generated photo of the proposed house with screening trees. Commissioner Collins asked why they would block the views of their house with screening. Mr. Field stated this was to demonstrate how screening can be done. With fine tuning, one would create openings so it does not block the views. OPENED PUBLIC HEARING Mark Harrison, 13490 Page Mill Road stated there have been many changes on Lupine Road over the last 45 years. He discussed several meetings with the project architect and Mr. Alon proposing several different options, indicating they are somewhat satisfied with the proposal. However, he feels that the house is too high. He provided a history of the projects on Lupine Road, in particular the Draeger and Chen (now Patel) developments. Mr. Harrison provided photos of the story poles. The Town has made arrangements so that houses fit into the neighborhood. It is only their desire that whatever is built, it keeps the integrity of the neighborhood. He would like to see the structure lowered. He understood that the applicants want to move forward before the grading moratorium but it is his desire to know what is being built there, what it is going to look like, and how it will effect the rest of the neighborhood before construction starts. He would like to know what the final product will be. Farad Haghighi, 27840 Via Feliz, his property looks directly onto the Alon property. He stated that much of the existing vegetation and trees have been removed from this dominate lot with a proposed visible structure. The owners should be concerned with the neighbors and neighborhood. The previous house could not be seen from his site but without the vegetation and trees they will be looking at a massive house. He suggested lowering the house, making it smaller with the addition of much vegetation for screening. They had not been contacted by the new owners regarding the construction prior to a few days ago. Jitze Couperus, 13680 Page Mill Road, stated he does not see this property from his back yard but he has been a part of the Lupine Acres Community for a long time and has seen two new homes go up around him. He suggested lowering the house by nestling it into the hill. Regarding landscaping, many times it is not kept up regardless of the required deposits. Ash Patel, 27765 Lupine Road, discussed the history of his house ( previously owned by the Chens) and the process they had gone through and the changes made to the house design which included lowering the house 7 feet. When he moved in he was not satisfied with the landscaping as the house was very exposed. He has since added screening including several large trees. The height of the Alon house will make landscape screening challenging. Anything that can be done to drop the house will make a big difference. Planning Commission Minutes Approved 8/12/04 July 22, 2004 Page 5 Pat Ley, 26850 Ortega Drive, Environmental Design Committee representative at the Fast Track meeting. At that time she questioned the code which states "the purpose is to create the maximum compatibility of development with the natural environment to insure that structures viewed from off-site blend harmoniously with the natural landscape and are unobtrusive". This house will be visible beyond this range of hills to the next range of hills (will be seen from 15 miles away). She felt this house was impossible to blend in with the landscape. The landscaping should be all around the house, not just at street level. The offer to landscape other people's property is not a sufficient way to landscape. Gary Cross, architect with Anderson Brul6 Architects, representing Su and Jon Lee at 27715 Lupine Road. They could not be at the meeting but wanted him to bring up their concerns regarding the reflectivity of the materials of the roof, the massing of the proposed structure and the lack of context to the proposed area (environment and surrounding area). The reflectivity and glare of the roofing material is a prime concern especially from the patio and deck area. They are requesting the use of a non reflective material and the ability of reviewing the proposed gravel material to make sure it meets the requirements and will not blow off to one side during windy days. The Lee's also would like the mass and height of the building reduced (reduce 5-8 feet) asking for a building that will fit in and be harmonious with the environment and the surrounding neighborhood. Tim & Lynn Hamilton, 27677 Lupine Road, stated that they can see the story poles from every room in their home which faces the hills. Their concern is that the structure is too high. They will see the structure every time they are on their driveway with their four children. It impacts the entrance to their property. They had signed a letter that was drafted as a group, explaining the principle concerns. He has no idea regarding the reflectivity from their prospective. He asked the Commissioners to not leave it for the neighbors to rely on screening techniques to solve this problem. They have seen the landscape plans and there is only one tree (heritage oak) that will be saved. He is not confident that the existing eucalyptus tree will remain let alone redwood trees be planted. He asked that the building be lowered 10 feet and that he have a clear understanding of the entire project before it starts. John Dukes, 27783 Lupine Road, felt the structure should be mitigated from the road. The house should be lowered 10 feet, the entire landscape plan be reviewed and the location of the pool be determined. There have been so many trees removed since the property was the purchased. If the house is lowered 10 feet, the house would be acceptable. Brigita Silins, 27693 Lupine Road, agreed with previous speakers regarding height and mass. She asked what would happen if the trees on the back and side of the house are removed. Also, she does not know where the pool will be located. Mr. Alon addressed issues regarding size, showing the plans to neighbors, the changes and modifications to plans, and the possibility of a shared driveway. He provided a photo of the house in 1982 when the house was built indicating no vegetation. Regarding lowering the house, it was investigated by his engineers however, pushing the house down will create a bigger problem for the Lee's with more exposure of the roof. He discussed the existing oak trees on the Planning Commission Minutes Approved 8112/04 July 22, 2004 Page 6 property noting they love landscape and dislike what is on the site currently. They are 100% committed to deal with the issue of reflectivity and stated they were interested in building a nice house that would fit the area with the proper landscape design. Chairman Kerns questioned the applicant regarding the removal of vegetation (small trees and shrubs) from the site, the photo taken from the deck area from the Hamilton property and the condition of approval regarding the use of non -reflective glass (#3). Mr. Alon understood the condition and had no problem with it. Regarding lowering the structure he stated there would not be an issue as long as it was reasonable and in the same physical location. He preferred lowering the pad rather than shifting the location of the house. Also there was not an issue with condition #2, reviewing the non -reflective material with neighbors. He indicated lowering the structure 10 feet would be impossible. Tim Toby, civil engineer, Lee & Sung Engineers, stated lowering the house by 10 feet would be an impossibility because you are digging so far down into the ground, you are basically cutting the hillside away. Right now there is a series of two 4 -foot retaining walls right behind each other right at the rear of the house. The more you lower it, the more you have to cut into the hill. The Planning Director indicated that part of the problem is caused by the driveway at the rear of the house. Discussion ensued regarding the placement of the house, the leach field, and the drainage swale going through the property. It was agreed that it would be impossible to connect to sewer. CLOSED PUBLIC HEARING Commissioner Cottrell stated he had received numerous e-mails, letters and phone calls voicing opposition to this project although there are two letters voicing support from residents who do not live in the neighborhood. The Commission tries to strike a balance between the rights of the owners and neighbors. As a Commission, they are not allowed to comment regarding architecture features. The building is massive and too high. Under code 10-2.702, he feels that the house should be lowered 5 feet. Also, they should require as large of a landscape deposit as possible, held for two years. The landscaping should be conditioned to go around the perimeter of the property and up to the west side as well as the other side. Regarding reflectivity, he felt this would be easy to achieve with earth tone colored gravel. The pool location has to be determined as well as the building lowered into the ground. With those conditions, he would support the project. Commissioner Mordo felt that the structure has not adapted to the visibility of the site. The design is maxed on all levels (development, floor, height, flat roof); placing it on a highly visible site imposes hardship on the neighbors. He feels strongly about the property rights of the owner but also believed in the property rights of the neighbors. He cannot see building a house of this size and mass on this site. We should not give into the 5 feet just because the engineers say they cannot lower the structure more than 5 feet. Perhaps design the house a little differently. The Commission has the authority according to the ordinance to limit the height to a one story or Planning Commission Minutes Approved 8/12/04 July 22, 2004 Page 7 reduce the height from 27 feet. He suggested limiting the size of the second floor on the east side of the property and limiting the sticture to one story on the west side. He would be in favor of lowering the structure but more than 5 feet. He agreed with the comment regarding the landscape deposit as there should be a stronger incentive to complete the landscaping. They should not count on landscaping alone but also do structural things like lowering the height and lowering the base of the house. Also, the pool location should be known before approving this application. Commissioner Clow agreed with the previous Commissioners' comments. This is a massive house on a highly visible lot. It has never been the intention of the Town to maximize floor area, development area and height. If the engineer is correct and the house cannot be lowered, it may be necessary to redesign. He suggested following the ordinances, making the house less obtrusive, 10 feet lower, providing trees and landscaping. He would recommend continuing this project, having the applicant work with staff to meet requirements and meet the spirit of what the neighbors are asking for. The landscape deposit should be large. Commissioner Collins felt it was important that a neighborhood have similar characteristics. In this case, although they cannot comment on the design, she would like to see something that is more consistent with the neighborhood suggesting either lowering the house by 10 feet or making it a single story. On the other issues, she agreed with the other Commissioners. Chairman Kerns felt this was a difficult application, trying to reach a balance between the applicant and the neighborhood. As mentioned, they are not here to review style. This house meets the ordinances with one exception of the siting and minimizing the profile. He agreed with Commissioner Cottrell that he personally does not have an issue with the architectural design but felt it would be good to lower the structure by 5 feet which is reasonable. A 9 to 10 foot reduction would impact the site too much. In reviewing the site, he noted that many of the homes in the area do not have landscaping and are visible from the Alons and other homes in the area. He would prefer to have the neighbors work through some agreements ahead of time and try to resolve the issues rather than coming before the Planning Commission. He would prefer not sending the application back for a redesign but to keep the design as is and simply lowering it by 5 feet, leaving the house where it is. He agreed with a increased landscape deposit and landscape should address the entire house. Discussion ensued regarding lowering the house 5 or 10 feet versus a redesign, working with staff, the required landscape screening plan with a larger deposit imposed and a better way to enforce completed landscaping. MOTION SECONDED, AMENDED AND PASSED: Motion by Commissioner Mordo and seconded by Commissioner Clow to continue the request for a Site Development Permit for a 7,578 square foot new residence (maximum vertical height 27) directing the staff to work with the applicant to come up with a revised design through a combination of lowering the base of the house (an average of 10 feet preferred) and perhaps reducing the size of the second floor and use of berms to mitigate the fagade and reduce the aspects of the house, returning to the Commission for review as well as the landscape screening plan, Lands of Alon, 27673 Lupine Road. Planning Commission Minutes Approved 8/12/04 July 22, 2004 Page 8 AYES: Comndssioners Cottrell, Clow, Collins & Mordo NOES: Chairman Kerns Brief break at 9:13 p.m. 4.2 LANDS OF JESSEN, 10435 Berkshire Drive (46-03-ZP-SD-CDP, VAR); A request for a Site Development Permit and a Conditional Use Permit for a 1,144 square foot addition and a variance for two required parking spaces (one covered and one uncovered) to encroach 13 feet into the 40 -foot front yard setback. (staff - Angelica Herrera Olivera) Staff introduced this item by reviewing the staff report and variance and Conditional Development findings. The findings describe in detail the alternative locations that were explored, which would have required excessive grading and major remodeling of the existing residence. The proposed location will be less obtrusive to surrounding properties when viewed from the street. The intent of the ordinance will still be served as the privacy of neighbors and the natural beauty of the neighborhood will be maintained with the proposed location in the front setback. Commissioner Mordo questioned whether the Town was requiring more parking spaces on the property and because of our requirement for four parking spaces on the property, the applicant needs a variance for the required parking. He was concerned with the needed grading. Staff responded that the applicant is proposing to enclose an existing carport and therefore triggering a variance procedure for the improved parking space in additional to their fourth parking space within the setback. The Planning Director discussed the Town grading policy in regard to working with an existing house on a sub -standard lot. The strongest finding for the proposed grading is that the lot is sub -standard in terms of its size and lot unit factor. OPENED PUBLIC HEARING Noel Cross, project architect, was appreciative of the staff report stating this lot was recently annexed into the Town, smaller than the average acre, and very steep. The applicant is only trying to improve the existing house. He referred to his two letters provided in the staff report. Currently they are below the maximum floor area allowed and 9 feet lower than the allowed height. CLOSED PUBLIC HEARING Commissioner Collins agreed with the staff report as what is being requested is in the back, not visible to any neighbors and does not seem to be a burden on anyone else. Commissioners Clow, Mordo and Cottrell voiced support of the project. Chairman Kerns also supported the application. ATTACHMENT G Planning Commission Minutes Approved 2/24/05 13eae eea Tom, Z7,2LVS Page 2 Mr. Alexander has thereby requested the Planning Commission rescind condition #2 and to change condition #6 to allow the number of horses to be kept or maintained at this facility not to exceed 54. OPENED PUBLIC HEARING Dan Alexander, Elena Road, President, Westwind Community Bam, had nothing fiuther to add to the report. CLOSED PUBLIC HEARING Brief discussion ensued. MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded by Commissioner Collins to forward a recommendation to the City Council that the Conditional Use Permit be approved with the revised Conditions of Approval, as presented in the staff report, Lands of Los Altos Hills (Westwind Barn, 27210 Altamont Road. AYES: Chairman Kerns, Commissioners Carey, Collins & Cottrell NOES: None ABSTAIN: Commissioner Clow (stepped down) This item will appear on a City Council agenda. 3.2 LANDS OF ALON, 27673 Lupine Road (247-03-ZP-SD-GD); A request for a Site Development Permit for a 7,348 square foot new residence (maximum vertical height 27 feet) (continued from July 22, 2004) (staff -Leslie Hopper). Commissioner Cottrell stepped down from the hearing due to the proximity of his residence to the project site. Staff reviewed the staff report indicating this is a complex project that was first reviewed by the Planning Commission on July 22, 2004. At that time a number of neighbors voiced concerns. The applicant has provided a model of the project for review although it depicts the original design which has been changed due to direction given at the last meeting. At the July 22 meeting, the Planning Commission made several recommendations noting that the house did not blend in with the natural surroundings. They requested that the house be lowered as much as 10 feet, if possible, and also suggested that the second story be reduced in size and that landscaping be added to reduce the visual impact of the house. The applicants, in revising the plans, responded by lowering the house by 3 feet in the middle portion and 5 feet on the west side and 5 feet at the garage. They also adjusted the second story by pushing back the master bedroom (7 '% feet) which reduces the visual impact somewhat but the actual size remains the same. The ground level first story was actually increased by 188 square feet. Other changes to the plans that were not in response to the Planning Commission recommendations included the configured circular driveway which involves grading that does not comply with Town regulations. Staff provided a display of the area to demonstrate the driveway and retaining walls indicating a 14 Planning Commission Minutes Approved 2/24/05 4- :5.- 27 Zoo 5 Page 3 foot cut required to create this driveway. If the cut is measured from natural grade, the cut is even deeper, approximately 19 feet. This cut does not comply with the Town regulations which limit grading cuts to 4 feet. The circular driveway, which is not needed for access to the garage and parking area, will require up to 14 feet of cut and construction of retaining walls up to 14 feet in height, far exceeding the Town's maximum of 4 feet of cut and maximum wall height of 4 feet. Also, the driveway and retaining walls are located in the setback, and the driveway pushes the project over the MDA because it counts 100% as development area regardless of the proposed surface. The proposed driveway is not necessary as they have an existing driveway to the residence. There is also an issue with the pool which is to be located in the front yard requiring up to 13 '% feet of 511 compared to the limit of 3 feet. Consequently, staff fords it hard to support this application. The proposed revisions indicate the house was only lowered 5 feet, at the most, rather than the requested 10 feet and the revised plans also raise additional issues that were not a part of the original plans. Now there me grading issues and a setback encroachment and, due to the circular driveway, they have exceeded the MDA. Another issue was the architectural style (contemporary) which has attracted much criticism. Under the code, the Planning Commission is not authorized to consider architectural style when making a decision on projects. Because there me so many problems with the revised plans, staff is recommending denial because the residence is sited on a highly visible lot; it cannot be rendered unobtrusive under Sec. 10-2.702(b); the project does not comply with the Town's grading policy; and it is not consistent with setback requirements and/or maximum development area. As an alternative, the Planning Commission can offer the applicant the opportunity to request a continuance for redesign of the new residence and pool consistent with Sec. 10- 2.702(b) of the Municipal Code ("Permit Streamlining Act"). Discussion ensued regarding review of the revised plans, notifying the applicants regarding the problems with the grading, pool and circular driveway indicating that they would not be approved as submitted. Staff also recommended further reduction in height on the house. There were no further revisions. OPENED PUBLIC HEARING Mr. Alon, applicant, was familiar with the house site, and reviewed the MDAIMFA prior to purchasing the property to make sure the numbers would provide for his family needs. They have spent almost one year on the design of the house without requesting any exceptions. The house met all the guidelines and requirements for a Fast Track hearing. However, three objections were raised by the neighbors; height of the proposed building; reflectivity of the roof and materials; and the bulk of the building. At the previous Planning Commission meeting, the Commission examined the information provided, noting that to reduce the base of the house would require grading exceptions. The motion was as follows: directing the staff to work with the applicant to come up with a revised design through a combination of lowering the base of the house (an average of 10 feet preferred) and perhaps reducing the size of the second floor and the use of berms to mitigate the fagade and reduce the aspects of the house, returning to the Commission for review with a landscape screening plan. He touched on two issues: (1) lowering the house more than 5 feet would effect the design of the septic system; and (2) inability to relocate the driveway leading to their neighbors, forcing him to build another one. Planning Commission Minutes Approved 2/24/05 ZTZ-27 ZOOS Page 4 with the restrictions facing them, he felt they followed the spirit of the motion to the fullest extent. They lowered the west side of the house by five feet; lowered the east side of the house by three feet; lowered the extreme left side of the house by five feet; and reduced the profile by two feet. They revised the design to accommodate the two foot difference in height between the two sides. They pushed the second floor 7.6 feet back creating a nesting effect, required and recommended by the City ordinance effectively creating an almost 9 foot appearance of reduction of the house. There has been a major revisions in every section of the house including the garage. The extensive landscape design will provide screening higher than any other neighbor around. The design took into account many measures addressing the reflectivity by the use of shading and color selection. The existing design included an eight foot and four foot cut on the west side and a 10 foot and four foot cut on the east side, totally about 14 feet. The new design will increase it about 5 feet which is exactly what they were requested to do (push it down by as much as l0e feet). The civil engineer has assured them of the safety and integrity of the design. The house does not violate setback issues and is not the biggest house on the street. The framework on the existing house resides on the same exact location of the current house with the exception of the additional grading. They believe that they met most of the requirements. They felt they have kept the neighbors informed at each step. They have the approval from the Fire Department as well as the Health Department for the septic system and leach field and all other requirements. The previous proposal blends with the existing house on the property. The new proposal further reduces the visibility. The house is lower than the current house on the property and overlaying the existing house. He noted a recent meeting with staff regarding the changes. They have met every request, even conflicting at times. They have answered the issues and objections raised. The solution generated the need for a small number of exceptions which they we asking the Planning Commission to approve. They are assuring the City that they are willing to be flexible, consider possible modifications to the pool as well as the shape of the driveway. If the Planning Commission would approve the plan and would like to see the house lowered less than five feet to minimize the effects of the grading, they would be willing to accept that also and move forward with their lives. He stated that there was not one single place in the house that was not lowered. Commissioner Collins questioned lowering here and there and pushing back really adds up to the spirit of the motion. Staff indicated they had a discussion earlier today with the applicant and told him that staff did not look at the reduction in height the same way he did. The actual structure has been lowered up to five feet; some sections 3 feet, other sections 5 feet. Pushing the master bedroom back 8 feet may have reduced the visual impact but did not reduce the height. Further discussion ensued regarding the circular driveway, grading and encroachment. The applicant was trying to get cars to the front of the house (easy entrance for elderly parents). Commissioner Kerns asked if they could discuss the circular driveway as there are concerns regarding the retaining walls in that area as it is partially into the setback. Mr. Alon stated that they are trying to get to the front door of the house to make an easy entrance from his elderly parents. Originally they developed a circular design then went to a hammerhead design then back to the circular design. They have indicated to the City that they would be Planning Commission Minutes Approved 2/24/05 4Beeemb ,3984 -T , 27 'Loo 5 Page 5 willing to go back to the hammerhead design however, they do need a flat entrance to the house. They will do their best to keep within the guidelines. Mrs. Alon indicated a discussion with the Planning Director yesterday at the site discussing several issues. She provided a handout for the Planning Commissioners noting presently, that there is a 55 foot driving area in front of the house where they can drive up to the door. They want to keep the original design which allows them to drive to the front of the house. The other driveway is the access to the basement/garage which is not the main entry to the house. With the hammerhead design, they should be in compliance with grading. Commissioner Carey had met the applicants and some neighbors at the site as well as reviewing the tapes from the previous Planning Commission meeting. The Planning Commissioners recommendation was to lower the second story asking what options were investigated. Mr. Alon indicated that the second story is 9 feet in height and the fust story is 10 'h feet in height. They looked at pushing the house down which was not a good option from the neighbors standpoint. The existing driveway cannot be used (neighbor's driveway) so the proposed driveway is within a few feet. Commissioner Carey was concerned with the placement of any driveway as it relates to the location of a few oak trees. Mr. Alon assured everyone that they will not be removing any of the trees in the location of the driveway. Sandy Ayers, landscape architect, provided a display of the landscape screening design for the site. Their desire is for 100% screening of the site, proposing screening in excess of other properties in the area. They will use large specimen trees. He indicated that the neighbors have reviewed the plans. They will use 16" box trees for immediate impact. The Eucalyptus trees will remain. Screening on the back side is not shown as it would have to be determined on the site after the house is framed. He further discussed the circular driveway and grading to flatten out the area. It was noted that if the pool and yard area could be smaller, the house could go down the hill slightly to avoid encroaching into the septic area. Discussion ensued. Mr. Alon noted there is not an opportunity to connect to sewer due to the expense. Commissioner Clow asked how they reduced the house when it is still 27 feet which was addressed by the project planner (shifted and lowered). Stan Field, project architect, addressed the question regarding the reduction of the house (dropped into the ground). Mrs. Alon also addressed the grading plan, trying to please the neighbors and the City. Commissioner Kerns stated if the pool could be lowered 5 to 6 feet, it would be more in compliance with the grading policy. Mrs. Alon expressed their flexibility. Commissioner Carey stated that at the previous Commission meeting there was a Environmental Design Committee member who stated this house would be visible from areas 50 miles away. Commissioner Collins complimented the landscape architect on his efforts to landscape the site. Mrs. Alon stated that it was never their intention to ask for any exception or grading; they did it to accommodate the neighbors. They are tied between pleasing the City (not grading), pleasing the neighbors (grading), not grading more because of the septic. The real issue is the neighbors' reaction, not their compliance. Planning Commission Minutes Approved 2/24/05 4)eeember9-,-2804 Sn.1 2 -712 o Page 6 Commissioner Kerns stated that the applicants are willing to change the circular driveway in the back to a hammerhead to improve the area (no setback issue). There is an issue with the pool in the front area due to the amount of fill. He asked if they would be willing to lower the pool area by 5 to 6 feet to make it more in conformance with the grading policy. Commissioner Clow, in defense of the applicant, noted at the previous meeting he suggested filling the area, making it high so that you could put hedges on top of that to provide screening of the house from the road and the fill area acts like a bent to provide natural screening of the house. He pleaded guilty for even making the suggestion. Mrs. Alon stated again that they are very flexible. They have been trying to follow direction. If you tell them to lower to pool to get approval, they will lower the pool. If they suggest applying for the pool at a later date, they will. The point of the pool from a landscape point of view, is that it provided a terrace which provides more screening with the vegetation. IPs very hard to please everyone. She provided photos of the houses in the area noting explaining their views. It was suggested letting the neighbors express their own views. Bernard Falcon, Mir Mirou Drive, reviewed the design and the efforts made by the applicants to please everyone. He appreciates comments from the neighbors. He felt the house will blend in well, will not detract from the street, will enhance the value of the street and the homes of the neighbors. He supported with the project with the changes proposed which he felt was a nice compromise for everyone. Pat Ley, Ortega Drive, Environmental Design Committee, had originally stated that this house will be seen from 50 miles away. The road is a cul-de-sac and the Alon house will be very visible from Page Mill Road. Tim Hamilton, 27677 Lupine Road, referred to an e-mail dated May 11, 2004 sent to the Alons. It indicated he had met with their architect. They discussed the portion of the plans that involved using a portion of his driveway. But before proceeding with any agreement they needed more information and binding commits on these items: (1) Gate. They would like to insure that the gate they put in is in keeping with the feel of the driveway. Ther concent was with the construction of a large ornamental gate. Chambers next door and the gate is simply (4 feet high), they are fine. (2) Location of the entrance with respect to the oak trees. Save the oak trees by making the entrance 10 feet north of the existing tree. This is not what the current plan suggests.(3) Legal fees. We will not pay legal fees associated with crafting an agreement that grants you rights and easements to his land. He was sure there were more than a few details to work out that may have impact on deed, title and value of his property. They will need to consult with an attorney to review any agreement. They were okay conceptually with allowing Alons access from his driveway but in granting such access he wants a say in the design of the entrance, they want to do it right and they do not want to pay for it. Mr. Hamilton stated this was the last correspondence he had with Mr. Alon stating he was not going to trade rights for promises. There is a lack to commit contractually by Mr. Alon. His preference would be one driveway. He wants an evergreen commitment. He never said NO. He appreciates the reduction in height from his perspective but one thing that has not changed is the Planning Commission Minutes Approved 2/24/05 -9ecembcr9, J� Z712- 00-g Page 7 size of the house. It is massive. If the house was dropped an additional 5 feet, he would be concerned for the neighbors with the amount of earth that will be going up and down that road for two years. Stephanie Munoz, Robleda Road, cannot see the house. Her concern was everyone wanting to build a bigger and bigger house. How can you build a large house without it being conspicuous. She felt the Alon house was nice but somewhere else. Mark Harrison, Page Mill Road, representing his father, Melvin Harrison 27744 Lupine Road. He thanked everyone who had been to the site. He stated he has been a resident of Los Altos Hills for 45 years. He appreciated the efforts made by the Alons. However, with the new suggestions made for screening, he will have to wait until he is 71 before the house will be screened. He provided photos taken from his father's front deck of the site. They have an issue with the size and bulk of the proposal which is difficult to screen. For their information, Sharon Atkins sold the property to the Alons. She had her house for sale for 1 '6 years. She told him that she had a possible buyer but the MDA was not up to the standard needed by the new buyer. She brought in several truck loads of dirt and filled in the drainage area. He felt this improved the MDA. He suggested having someone recalculate the MDA. When asked how he felt with having the house move down the hill, Mr. Harrison was not sure. He would need to see story poles. Every time he looks out of his house, he sees this house. He felt planting large trees adjacent to the house, not down close to the street, was important. He was willing and had the time to explore other possibilities with the applicants. He did not feel the 5 foot drop made a difference from his view. Commissioner Kerns asked if he was willing to plant trees on his property. Sandy Humphries, Environmental Design Committee, felt the best way to review landscaping is after framing. When proposing a landscape screening plan, they do not expect the house to disappear but mitigate it so it blends into the natural terrain. The leach field does not show any plantings at all. It is important to have erosion control on the property. If grass is planted, she suggested bunch grass which does not require much water. Smaller vegetation is better or ground cover would be good. Farhad Haghighi, 27840 Via Feliz, provided photos of the area 2 '/2 years ago noting tree removal from the property. This house is massive. He felt the applicants should be willing to work with the smaller home owners. He felt there was no way landscaping will help him. The height should be reduced 10 feet. Just trees alone are not enforceable even with a bond. The house should be smaller, lowered with screening. Jonathan Lee, 27751 Lupine Road, has had extensive discussions with the applicants. He has a verbal agreement with the applicants to screen the house as best m they can. He will plant on his side of the property also. He will be looking down on a flat "office building" roof The applicants suggested putting gravel on the roof to soften the look. He discussed lowering the house by 10 feet by digging deep. However, on his hill there will be the equivalent of a 19 foot retaining wall. He was concerned regarding the integrity of the hill as he already has movement. There are rules and regulations for the good of all, requesting the Alons to honor them (grading, Planning Commission Minutes Approved 2/24/05 ;�eea Saw Z7/ aooS Page 8 height of retaining walls, setback, etc.). He does not want a massive retaining wall that he will have to deal with. Jean Mordo, Councilmember, former Commissioner, voiced concern regarding how the hearing was progressing. He hears the desire to make a compromise but in his opinion the role of the Planning Commission is not to make a compromise but to apply the laws and regulations. It is nice to work together but what if they all agree to something that is against the regulations. What would you do? He felt the staff report was great stating they should apply the rules. He felt bad for the applicants and felt the process has been terrible to them as we have not stood by our rules. We have given them the impression, perhaps early on and still giving them the impression tonight, that if you go around and talk to the neighbors you will be able to work your way and find a compromise. This is why they have insisted on continuing to build this house on that lot. He felt it was a beautiful house but this is not the right place. We have specific riles protecting the hillside, ridgelines and highly visible lots. Because we have not been clear with them, they have been insistent and lost 1 'h. years and probably a lot of money trying to force this project on the wrong lot. Tonight we are continuing the same process and not doing them a favor. John Dukes, 27783 Lupine Road, addressed this massive house. He felt it was wrong to try to fit the original design onto the site. A significant re -design is needed Jitze Coupems, Page Mill Road, analyzed the project regarding the size, siting, etc. but what has not been said is that maybe the house does not fit even though it fits within the guidelines of so many square feet. There are circumstances wherefore a given lot with a given designed house just cannot be made to fit without severe compromises one way or problems the other way. Mrs. Alon discussed the retaining walls noting they do not want to risk the slope. They are using professional and expert civil engineers to make sure they accomplish safety. CLOSED PUBLIC HEARING Commissioner Clow felt Jean Mordo made good point. Sometimes you cannot build to the maximum development area. This is a highly visible site. The neighbors are very concerned. The efforts regarding landscaping have been heroic but it looks like another 15-20 years before you would have a mitigation that would really work The applicants have tried very hard but this is not a situation where he sees it meeting the ordinances. Staff has recommended denial which is extremely unusual. He also recommended denial of this application. Commissioner Carey felt if they could figure out how to drop the house by 10 feet and reduce the second story as recommended by the Commission last July, they would have a much easier time with an agreement. The house does not quite fit the lot. He was sympathetic to the fact that the Alons, when buying the property, understood there would be a certain amount of floor and development area available to build on this lot. Being a highly visible lot, there are restrictions on what they can build. In order tomake this work in everyone's best interest, a significant re- design is necessary that will probably reduce the size of the house, at least the second story and will in some way continue to keep the house at a lower level then what the original plan Planning Commission Minutes Approved 2/24/05 AesesibeF9,-2004 Sam Z 7 ZOO cl Page 9 indicated. He felt there were ways to lower it more than indicated. Whether 10 feet is achievable was not known but he believed that more than 5 feet is achievable. Commissioner Collins agreed that the applicants have made a terrific effort to compromise with the neighbors. However, all the adjustments and modifications they have made does not reduce the obtrusiveness of the house. It is a beautiful house but remains obtrusive. She would agree with the staff recommendation for denial. As mentioned in July, she thought it was a beautiful house but it should be a single story house with a basement which should fit the lot beautifully. Chairman Kerns stated that this was a difficult project. As stated at the last hearing, reducing the house by 10 feet into the dirt is difficult. He was personally okay with the house as designed. He did not feel the house itself was the issue as it can be mitigated with landscaping. However, he was concerned with the circular drive in the back although the applicants expressed willingness to modify it to meet Town codes. He was also concerned with the pool area in the front regarding fill. He would recommend approval of the house as it is with the changes to the circular drive and the pool area. They do need to give the applicants direction in terms of a re- design. Commissioner Collins stated if they were to give them specifies on re -designing, she would not want to send them out again with the neighborhood and ask them to work together on the design. A specific direction would be to request a single story house. Commissioner Carey did not feel it was appropriate to restrict the residence to a one story (two story with some reduction of the second story). Discussion ensued. Commissioner Clow felt with a creative design and a smaller footprint they could come up with something that might fit the neighborhood. At the last meeting, they discussed reducing the height of the house. If the house is one story rather than two story it would be a lot fewer square feet. The Planner Director noted that code indicates that single story structure may be required on highly visible hillside lots. They can focus on a few areas; height, size of the home and go downward. MOTION SECONDED AND PASSED: Motion by Commissioner Clow and seconded by Commissioner Carey to deny the request for a Site Development Permit for a 7,348 square foot new residence and pool, Lands of Alon, 27673 Lupine Road, subject to the findings, Attachment 1 of the staff report. AYES: Commissioners Collins, Carey & Clow NOES: Chairman Kerns ABSTAIN: Commissioner Cottrell (stepped down) The decision is subject to a 23 day appeal period Brief break at 9:20 p.m. ATTACHMENT � 11.3 Appeal of Denial of Site Development Permit for a New Two -Story Residence with Basement; Lands of Alon; 27673 Lupine Road; File #247-03- ZP-SD-GD Councilmember Mordo stepped down from consideration of this item. He recused himself at the advice of the City Attorney and explained that he had participated in discussion of the project at the Planning Commission hearing. Planning Director Carl Cahill introduced this item to Council. He provided Council with a brief historical summary of the project. Cahill explained that initially the project was scheduled for a fast track hearing based on the criteria set forth in the Municipal Code. Subsequent to the hearing, staff received comments from neighbors that they were opposed to the project based on the height, size and visibility of the proposed new residence. The neighborhood objections were deemed substantive and the project was forwarded to the Planning Commission for review. The Planning Commission reviewed the project twice. At the July 22, 2004 hearing, the Commission determined that the lot constituted a highly visible lot and directed the applicant to lower the profile of the house by ten (10) feet. On January 27, 2005 the Planning Commission reviewed the revised plans for the project that included a reconfigured driveway and swimming pool. Cahill noted that the applicant lowered the profile of the house by three (3) to five (5) feet. The Planning Commission deemed that the revised plan did not comply with their direction to lower the profile of the house by ten (10) feet and that the newly proposed driveway and pool were not consistent with code requirements. Leslie Hopper, Project Planner, introduced Senior Planner Debbie Pedro to Council and thanked Pedro for her assistance in developing the presentation and noted that Pedro would be assisting her with the PowerPoint presentation that would accompany her report. The PowerPoint presentation included: an aerial of the project site in context with the Lupine Road neighborhood with property boundaries, property owners and residence locations identified; a three dimensional color rendering of the proposed house that reflected the building materials chosen for the residence; the original July 2004 plans on a site plan; the revised January 2005 plans on a site plan; a January 2005 revised plan with the lowered areas of the house highlighted to reflect which were lowered by three (3) feet and five (5) feet; a comparison of the elevations of the overall height of the residence original plans -July 2004 and revised plans -January 2005 (Hopper noted that the reduction in profile was achieved by additional grading); the proposed landscape screening plan as viewed from the Harrison property; a slide of the recommended conditions of approval for Option 1 (Exhibit A) based on the revised plans of January 2005 and Option 2 (Exhibit B) consistent with Planning Commission directives of July 2004; and a photo simulation of the view from the Harrison property. Planning Director Carl Cahill explained that the architectural features of the proposed home that included the buttresses (columns) and the bay windows had been calculated into the development area for the home. He noted that similar features have not been included in floor area calculations before because they generally comprise very little space, but an exception was made with the Alon proposal due to their contribution to the bulk of the house. 11 City Council Meeting Minutes March 17, 2005 Cahill reviewed the staff recommendation for a green, living roof with Council. The original plan called for a gravel roof that neighbors had suggested appeared too commercial. Staff had proposed a green roof but the applicant had offered that it was too expensive, difficult to maintain and would require additional structural work and had proposed integrated solar panels with synthetic turf background. OPENED PUBLIC HEARING Zvi Alon, applicant, thanked Council and Town staff for the time and effort they had invested in his project. He provided Council with an historical overview of his quest to obtain his site development permit, explaining that it had been an eighteen -month effort that was both difficult and frustrating. Alon offered that when he purchased the property, he had considered remodeling but decided to build a new home and explained that his proposed new residence was only two feet higher in one area than the existing two story home. He added that two story homes exist in the area and he did not consider his lot highly visible since it was not located on a hillside or ridge lot. Alon distributed a packet to Council titled "Supplement Information for the Alon Home". He reviewed the material with Council that included: 1) a list of Fast Track approvals with homes similar to the Alons in floor area and height highlighted; 2) photographs of houses approved in Fast Track including the surrounding views; 3) photographs of homes on Lupine Road and within the Lupine neighborhood; 4) a color rendering of the proposed Alon house before landscape screening; 5) picture of the existing house on the lot with story poles for the proposed residence; and 6) a landscape screening plan for the residence that included a sketch with the view from the Harrison residence. Alon stated that he was of the opinion that many homes in Los Altos Hills were visible due to the topography of the Town and asked that he be treated fairly and equitably not differently because neighbors have complained. If this became the determination for "highly visible", then every lot that is visible to three or four neighbors should be considered "highly visible". Alon offered that he had expended many months of effort on his project. He added that the original design had met all of the Town's ordinances and did not include any variance requests. He had not been advised that the lot was considered highly visible until the neighbors objected to his project at the Fast Track hearing with respect to the residence's height, visibility and size. Based on their objections, the project was forwarded to the Planning Commission for a public hearing. Alon noted that it was his belief that the neighbors objected to the architectural style of the home more than the size and he hoped that his landscape screening plan would satisfy their concerns. He added that it was important for Council to understand that his proposed design did not block or inhibit any of his neighbors' views. Alon summarized for Council his two appearances before the Planning Commission. He believed that the revised design before Council for their consideration (Option A) had met the spirit of the Planning Commission's direction. The new design had the visual affect of lowering the profile of the house and his comprehensive landscape design would substantially screen the home from the neighbors. His closest neighbors to the east and west were supportive of the revised plan. The Planning Commission still denied his request for a Site Development Permit and offered the Alon's no clear direction on what 12 City Council Meeting Minutes March 17,2005 would be required to obtain approval. Alon acknowledged that at this point he appealed the Planning Commission's decision to the Council. Alon requested that Council consider approving the original design that was submitted to Fast Track but explained that he would accept approval of Option 1 (Exhibit A), the modified design with the hammerhead driveway design, to ensure that the concerns of his neighbors were addressed. Alon submitted that he would be willing to include a roof that was comprised of synthetic material (grass) and solar panels. He distributed synthetic turf literature to Council and displayed a solar panel. Alon reviewed Option 2 (Exhibit B) with Council and offered that it would be an undue hardship and added that he had already made substantial modifications to his project plan to address the neighbors concerns noting that his roof was only visible to one neighbor. Alon discussed the inclusion of the architectural features in the floor area calculations. He noted that similar features on other homes had not been counted. Alon explained that the bay windows did not have any foundation walls beneath them and could never be converted to floor area (distributed a schematic of a window). The columns, in addition to being an architectural function, would shade the house and reduce the heat and glare. Alon added that they could serve to house the air conditioning units but he would be willing to remove the units and accept a condition of approval that they would never be accessible. He thanked Council for the opportunity to present his project and offered that his landscape architect and the project architect were present and available to answer questions. 8:30 p.m. City Council Meeting Recessed 8:40 p.m. City Council Meeting Reconvened Mark Harrison, Page Mill Road, thanked everyone that had visited his site. He explained that he resides directly across the street from the Alon property and believed that the proposed structure would be overbearing. Harrison had lived in his home for forty-five (45) years and treasured the rural aspect of the neighborhood. He supported Option 2 (Exhibit B) that would require additional lowering of the height of the house. Resident, Natoma Road, stated that he supported the Alon project. He expressed his belief that when he purchased his home, he bought the lot not the view adding that views change, trees grow and new homes are built. He urged the City Council to "look at the large picture" and support the initial submittal. George Haber, 13164 La Cresta, stated that he had experienced similar frustrations when he built his home in Los Altos Hills. He suggested that the Los Altos Hills site development process created animosity between neighbors and encouraged the Council to listen to the neighbors but ultimately to follow the law. Michele Harrison, Page Mill Road, stated that they are very inclusive neighbors and not unreasonable but that they are very concerned that the building is "in their face." She supported Option 2 (Exhibit B). Harrison requested the Council adhere to the codes. 13 City Council Meeting Minutes March 17, 2005 Mr. Haghighi, Via Felice, thanked the Council for visiting the site. He expressed his belief that the home was very obtrusive and massive and felt that Option 1 (Exhibit A) had not been changed significantly from the original submittal. Haghighi was of the opinion that the landscape screening would not mitigate the project and noted that it was being built at the maximum MDA/MFA allowable for the highly visible site. He offered that the proposal would affect his privacy and property values. Signm Corrigan, Robleda Road, requested clarification on the current height requirement for homes. Planning Director Cahill explained that the height limit was twenty seven (27) feet unless it was a large lot and then the setbacks could be increased and the height limit would be thirty two (32) feet. She questioned if the variable decision process was appropriate in light of the Alon's project meeting all of the codes and development guidelines. Resident, Via Ventam, questioned why the Alon's neighbors were opposing the project. He supported the project. Sandy Ayers, Project Landscape Architect, addressed Council. He reviewed the screening plan with them and noted that the design included mature and fast growing evergreen species. Ayers added that he had successfully sourced several very large trees (84 inch boxes) that would be planted to soften the profile of the house. Jonathan Lee, Lupine Road, commented that he had engaged in many meetings with the Alons and their architect. He explained that he had a view lot and values his view greatly. He opposed the Alon project because he would be looking at a massive house with a commercial looking roof top. He did not oppose them building a new home but prefered the existing ranch house and open space landscape. Lee supported Option 2 (Exhibit B) that would allow him the maximum screening. Ms. Dayan, Via Ventana, suggested that bigger homes than the Alon's proposal were being constructed throughout Los Altos Hills. She supported the Alon proposal Option 1 (Exhibit A) and believed it was unreasonable to ask them to reduce the height any further. Brigita Silins, Lupine Road, stated that she had seen many changes to her neighborhood. She compared the Alon design to the Fenwick residence that was similar in architectural design and was built on a highly visible ridge and questioned how the Alons could be denied their project. Silins explained that as a neighbor, she had initially opposed the first plan but that the Alons had been willing to compromise and she supported their revised design and appealed to the fairness of the neighbors and City Council to support the project. Cornelia Haber, La Cresta, questioned if purchasing a property forty-five years ago entitled a resident to stop all change. She supported the Alon design Option 1 (Exhibit A) and as an architect believed it was a beautiful design. Jitze Couperus, Page Mill Road, stated that he did not reside on Lupine but lived in Lupine Acres. He suggested that the code was very specific about highly visible houses 14 City Council Meeting Minutes Much 17, 2005 and that it clearly states that a single story house may be required. Couperus encouraged the Council to support Option 2 (Exhibit B). Resident, Natoma Road, wished to clarify for Council that Option 1 (Exhibit A) was three to six feet lower than the existing house. She supported Option 1. Evan Wyth, Moon Lane, spoke in support of the applicants. He believed that standard, buildable lots should be treated the same. Wyth explained that he was Chau of the Town's Municipal Code and Policy Review Committee. The Committee had reviewed the Code and made recommendations to the Council for changes to remove the inconsistencies in land use policies and wording that could be misinterpreted. The recommendations were unanimously adopted by the Council. Wyth noted that during the Code review process, the Committee determined that a highly visible lot was one that was on a ridgeline or top of a mountain not an ordinary lot that was only highly visible to a few neighbors. The Committee felt that personnel preferences of architectural styles were very subjective and should not be incorporated into the Municipal Code. They believed that property rights would very widely if decisions were not based on the Municipal Code as a common determinate, but on the activism of local neighbors. Mary Davey, resident, addressed Council and explained that she has been a resident of Los Altos Hills since 1961 and served on the City Council during the 1960's and 1970's. She respectfully requested that the City Council deny the applicants' request for hearing and defer the project back to the Planning Commission. She believed that the new information that had been gleaned at this meeting regarding the roof material warranted a further review by the Planning Commission. Davey stated that she hoped the Council, as they reviewed new development as it came before them for their consideration, would embrace the opportunity to maintain the rural environment of the Town. Tim Hamilton, Lupine Road, suggested that there should be an Exhibit C offered for the proposed project that would identify the lot as a highly visible lot He thanked the Council for visiting the site. Hamilton did not believe that the artist's rendering was an accurate presentation of the mass, size and volume of the home. He favored a single story home but he could support Option 2 (Exhibit B) with the ten (10) foot height reduction. Lynn Hamilton, Lupine Road, stated that she believed it would be easy to achieve the ten foot height reduction by lowering the ceiling heights of each level. She believed this was a reasonable request. Ms. Lee, resident residing above the Alon property, offered that she had not had an opportunity to view the new roof proposal. She loved the Waal environment of her neighborhood and Los Altos Hills and suggested that the proposed project would affect their quality of life. Lee requested that the Council consider the lot highly visible when making their decision. Lee would prefer a single story home but as a minimum could accept Option 2 (Exhibit B) with the ten (10) foot reduction. Resident, Esperanza Road, encouraged the Council to be objective and approve the Alon's request for a new residence. He suggested that they had followed the Code and made the necessary changes to their design to accommodate the neighbors concerns. 15 City Council Meeting Minutes March 17, 2005 Ms. Alon, daughter of applicant, read a statement into the record. She explained that this had been a very emotional process for her family. She loved Los Altos Hills and offered that there were many larger and more visible homes in the community. She questioned why their home needed to be reduced in height and pleaded for a fair decision and approval of Option 1 (Exhibit A). Carol Gottlieb, resident and former Planning Commissioner, explained that when reviewing new homes, the Commission strove to have the home fit into the site and in the past required homes be reduced in height to help mitigate the home on the land. She noted that the flat roof added to the massive appearance of the home. John Dukes, Lupine Road, explained that he was hying to protect the unique Los Altos Hills rural character of their quiet street and neighborhood. He did not believe that the proposed large columns of the house and the roof on a steeply sloping lot met the Town's requirements. Dukes suggested that the proposed structure did not fit the site as defined in the former Design Guidelines brochure and he preferred to see it returned to the Planning Commission for further review. He could support Option 2 (Exhibit B) with a few additional modifications. Lynn Dukes, Lupine Road, stated that she had resided on Lupine Road since 1968. She offered that her neighborhood had a special rural nature. Dukes expressed her concern that the proposed new structure was too massive and would inhibit the view of the rolling hills and rural landscape and suggested that the home needed to be reduced in size. She supported Exhibit B which was in accordance with the Planning Commission's directives and believed it was the only one that addressed the bulk of the home. Nancy Couperus, Page Mill Road, explained that her property was a part of the original Lupine Acres and considered this area her neighborhood. She believed that the massive size of the proposed home was not in character with the neighborhood and would impact all of the neighbors. Couperus noted that the Planning Commission had denied the project twice because the home did not follow the code and was not compatible with the surrounding environment. She supported Option B or a decision by Council to direct the project back to the Planning Commission because of the new roof element. Mr. Joffe, Manuella Road, hoped that everyone would look at the bigger picture and resolve the conflict. He suggested that neighbors had too much power in the process and often abused this power. Resident, Elena Road, supported the Alon project and questioned the weight that was given in the process to the aesthetic values of the neighbors. Ms. Alon, daughter of applicant, addressed Council and asked that they please approve her home. She explained that she and her family had waited a long time to build their dream home. Stan Field, project Architect, addressed Council. Field explained that he taught architecture at the University of California at Berkeley and had designed many homes including several homes in Los Altos Hills. He noted that he "lived architecture" and 16 City Council Meeting Minutes March 17, 2005 considered it the furthest thing from tonight's discussion. His definition of architecture was the situational dynamic of the site and the client. Field suggested that the Alon design mirrored the form of the land and terrain and belonged on the site and that the home's columns were an integral design feature and structural component of the home. He displayed samples of the project's building materials to the Council. Zvi Alon, stated that he enjoyed the neighborhood very much and planned to be a good neighbor. In response to several comments, Alon offered that be had never tried to hide the home's square footage and stated that the artist's rendering was a true representation of his proposal. He explained that Exhibit B would be substantially more expensive then his original Fast Track design and hoped that the Council would approve the original design or Exhibit A. CLOSED PUBLIC HEARING Councilmember Jones welcomed the Alon family to Los Altos Hills. He expressed his preference for Council making a ruling on the applicant's request tonight and not deferring the hearing back to the Planning Commission, offering that government should provide answers as quickly as possible especially when a resident was building a home because time was money. Jones explained that because there had been neighbor objections at the Fast Track level, the process called for a Public Hearing before the Planning Commission and this was appropriate, however endless reviews with an endless number of inputs should not be acceptable. Jones commented that he believed one of the key issues that needed resolution was how the design features that included the bay windows and columns would be calculated into the square footage, noting that if they were added to the maximum floor area (MFA), the home would be over the maximum allowable number for the lot. Councilmember Warshawsky noted for members of the audience; this was the first site development permit that had been reviewed by Council in five years. He acknowledged that there were many different architectural designs and styles in Town. Warshawsky expressed his hope that a common ground could be found for this project and he supported Council making a determination tonight to allow the applicant to move forward. He concurred with Jones that the extra square footage from the architectural features should be considered and was amenable to a green roof but felt that a reduction of ten (10) feet was excessive. Mayor Pro Tem Kerr concurred with Jones and Warshawsky and supported the Council taking action on the item at the meeting. He commented that he was of the opinion that the planning process was not broken and functioned well with the majority of projects. Kerr offered that former Councils approved many of the residences that were used as comparables by the applicant and the present Council was not bound by their actions and would review each project on its own merits. He suggested that he believed property values would not be hurt by a new five or six million -dollar project. Regarding the design, Kerr believed that the height was acceptable and suggested that technology be used to mitigate the effects of the house on the neighborhood and environment. He defined technology as: 1) the applicant's proposal for a green roof comprised of a combination of synthetic grass and solar panels and suggested that he would like to see enough solar panels to provide for twenty-five percent of the energy consumption of the 17 City Council Meeting Minutes March 17, 2005 house; and 2) a reduction in light pollution emitted from the house. Ken supported a condition of approval that would prohibit skylights and possibly a volunteer agreement from the applicants regarding transmission specs noting that this was not a currently a part of the Town's ordinances. He favored the air conditioning units and mechanical units being contained within the columns as shown in the plans, adding that this would mitigate the noise pollution and visual impact. Mayor O'Malley expressed his belief that everyone in Town should be treated equally. Ordinances and rules ensure that applicants do not have to negotiate with neighbors and ensures that the neighbors could feel secure that something would not be built that does not met code. He supported Option 1 (Exhibit A) and recommended that the square footage of the columns be calculated in the floor area because they were different and added to the bulk but he would not include the bay windows because they had not been counted on any other project. O'Malley supported a green or black roof as a substitute for the gravel roof In response to the discussion and comments that the lot was highly visible, O'Malley explained that when he had served on the Municipal Code Committee that defined the term, the consensus of the Committee was that a highly visible lot meant a lot on a ridgeline. They had not said exclusively ridgeline because that would have left to interpretation what ridgeline, so they added "highly visible and ridgeline" but they clearly did not mean a lot that sets in a valley. O'Malley noted that the home did not block anyone's view and reiterated that it was important for everyone to be treated the same during the planning process. Council discussion ensued. Council consensus was for approval of Exhibit A with a reduction in the square footage by 560 feet, a green roof or the applicant's alternative roof of combination solar panels and synthetic grass and no skylights. Planning Director Cahill clarified for Council that the grading requirement for Option 1 (Exhibit A) was a minor exception to the grading policy and was endorsed by the code when it was done to lower the profile of the house. Cahill noted that the retaining walls would be hidden by the front of the house. City Attorney Steve Mattas read into the record the modifications to the conditions of approval for Option 1 (Exhibit A). Condition of Approval #6: The first sentence was deleted and replaced with "The roof enclosed by the parapet walls shall be a non - reflective material composed of a combination of synthetic turf and black solar panels and shall be subject to approval by the Planning Department upon consultation with the adjacent property owners to the north. The solar panels shall be designed to include approximately 800 square feet of panels in the roof design. The Planning Director shall have the discretion to modify the solar panel roof requirement. New additional conditions of approval included: 1) The size of the floor area proposed for the residence shall be reduced by 560 feet to account for the floor area associated with the buttresses/columns subject to verification by the Planning Director, and 2) If skylights were proposed by the applicant, the project would return to the Planning Commission for approval. Council discussed the proposed motion with the project Architect and applicant. Zvi Alon, applicant, agreed to the modified conditions of approval for Exhibit A and stated so for the record. 18 City Council Meeting Minutes March 17. 2005 MOTION SECONDED AND CARRIED: Moved by Kerr, seconded by Jones and passed by the following roll call vote to approve the requested sited development permit for the new residence subject to the conditions of approval in Exhibit A identified in the March 17, 2005 staff report to the City Council with the following modifications: Revised Condition of Approval #6: The roof enclosed by the parapet walls shall be a non -reflective material composed of a combination of synthetic turf and black solar panels and shall be subject to approval by the Planning Department upon consultation with the adjacent property owners to the north. The solar panels shall be designed to include approximately 800 square feet of panels in the roof design. The Planning Director shall have the discretion to modify the solar panel roof requirement. In addition, the color of all exterior surfacing materials including the wood/metal trellis materials shall conform to a light reflectivity value of 50 and be of an earth tone color chosen to blend into the visible hillside. A color sample of all roofing and exterior surfacing materials shall be fast reviewed and approved by the Planning Department and subject to conferral with adjacent north/ south neighbors prior to acceptance of construction plans by the Building Department. New Conditions of Approval: • The size of the floor area proposed for the residence shall be reduced by 560 feet to account for the floor area associated with the buttresses/columns subject to verification by the Planning Director. • If skylights were proposed by the applicant, the project would return to the Planning Cormnission for approval. AYES: Mayor O'Malley, Mayor Pro Tem Kerr, Councils tuber Jones and Councilmember Warshawsky NOES: None ABSENT: None ABSTAIN: None Councilmember Mordo recused himself from consideration of this item and did not participate in the vote. 10:45 p.m. City Council Meeting Recessed 10:55 p.m. City Council Meeting Reconvened Council returned to open session and addressed the unfinished agenda items. MOTION SECONDED AND CARRIED: Moved by Jones, seconded by Mordo and passed unanimously to adjourn to the Closed Session at 11:45 p.m. 12. CLOSED SESSION 19 City Council Meeting Minutes March 17, 2005