HomeMy WebLinkAboutItem 4.24.2
TOWN OF LOS ALTOS HILLS August 2, 2007
Staff Report to the Planning Commission
RE: SITE DEVELOPMENT PERMIT FOR A LANDSCAPE SCREENING PLAN
FOR THE 8,632 SQUARE FOOT NEW RESIDENCE APPROVED AT THE
FAST-TRACK HEARING ON SEPTEMBER 10, 2002. LANDS OF
WESSBECHER, 11021 MAGDALENA ROAD (141-07-ZP-SD)
FROM: Brian Froelich, AICP, Associate Planner`
APPROVED BY: Debbie Pedro, AICP, Planning Director -0
That the Planning Commission:
Approve the requested Development Permit for a landscape screening plan, subject to
the attached conditions of approval in Attachment 1.
BACKGROUND
The Site Development Authority approved a Site Development Permit for an 8,632
square foot new residence, secondary unit, and swimming pool (82-02-ZP-SD-GD) for
this property on September 10, 2002. At the Fast -Track hearing the neighbor at 11035
Magdalena Road (east boundary) noted concerns regarding the visibility of the site, the
secondary unit, and new residence. The applicant was required to install immediate
landscape screening prior to receiving a building permit. The landscaping included a
combination of 15 trees and shrubs along the eastern property boundary, which was
installed prior to issuance of the building permit.
The property owner subsequently proposed a grading operation that involved cutting the
top of the quarry wall. The grading operation exceeded the Town's permitted cut
maximums and the project was reviewed and approved at the Planning Commission
meeting of June 23, 2005. The Planning Commission added conditions of approval
requiring the property owner to return to the Planning Commission for review and
approval of a landscape screening plan prior to final inspection of the new residence.
DISCUSSION
Article 8 of the Site Development Code addresses landscaping of development sites and
compatibility with the natural environment to ensure that structures, as viewed from off-
site, blend and are unobtrusive, while retaining aesthetic quality.
Landscape Screening Plan
The site is currently screened with partial perimeter plantings along both side property
lines. The existing screening includes oak trees, pine trees and shrubs.
Planning Conunission
Lands of Wessbeeher
11021 Magdalena Road
August 2, 2007
Page 2 of4
The proposal includes
• 2-36" California Sycamore trees
• 7-24" Olive trees
• Approximately 100 various -5 gallon shrubs
The Environmental Design Committee commented that the existing screening onsite is
adequate and that the proposed screening should not be required. No additional lighting
or grading is proposed.
Meeting minutes from the June 23, 2005 Planning Commission hearing are attached.
ATTACHMENTS
1. Recommended conditions of approval
2. Comments from Environmental Design Committee, dated July 16, 2007,
3. Planning Commission Meeting Minutes, dated June 23, 2005
4. Landscape screening plans (Commission only)
Planning Commission
Lands of Wessbecher
11021 Magdalena Road
August 2, 2007
Page 3 of 4
ATTACHMENT
RECOMMENDED CONDITIONS FOR A LANDSCAPE SCREENING PLAN
LANDS OF WESSBECHER, 11021 MAGDALENA ROAD
File 4141-07-ZP-SD
A. PLANNING DEPARTMENT:
I. 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 15 -gallon and larger 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 $5,000.00 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. No outdoor lighting is approved with this plan. Any fixture proposed lighting
shall be first submitted for Planning Department review and approval prior to
installation.
B. ENGINEERING DEPARTMENT:
5. Any revisions or additions to the previously approved grading and drainage
plan shall be submitted for review by the Engineering Department. The plan
shall be reviewed by the Engineering Department and approved prior to
commencement of this project. The approved plan shall be stamped and signed
by the project engineer and shall supersede the previously approved drainage
plan.
6. 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 Wessbeeher
11021 Magdalena Road
August 2, 2007
Page 4 of 4
7. 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 ofplanting.
8. 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.
9. All irrigation systems must be located at least five feet from the Town's
pathways and outside of the public right of way and public utility easements.
The Town staff shall inspect the site and any deficiencies shall be corrected to
the satisfaction of the Engineering Department prior to final inspection.
ATTACHMENT
Environmental Design and Protection Committee
Landscape/ Hardscape Evaluation
Applicant
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ATTACHMENT3
Minutes of a Regular Meeting
Town of Los Altos Hills
PLANNING COMMISSION
THURSDAY, .TUNE 23,2005,7:00 P.M.
Council Chambers, 26379 Fremont Road
ce: Cassettes ( 1 ) #6-05
ROLL CALL AND PLEDGE OF ALLEGIANCE
The regular meeting of the Planning Commission was called to order at 7:00 p.m. in the Council
Chambers at Town Hall.
Present: Chairman Kerns, Commissioners Collins, Carey, Cottrell & Clow
Staff: Carl Cahill, Planning Director; Brian Froelich. Assistant Planner; Lani Smith,
Planning Secretary
2. PRESENTATIONS FROM THE FLOOR -none
3. PUBLIC HEARINGS
3.1 LANDS OF WESSBECHER, 11021 Magdalena Road (18-05-ZP-SD-GD); A
request for a Grading Policy exception where the applicant proposes cuts that
exceed the Town standard of four feet (4'). (CEQA Status: exempt per 15304)
(staff -Brian Froelich).
Staff introduced this item by displaying an aerial photo of the site, indicating the area of the
proposed grading. The grading plan shown in red was a proposal to grade that portion of the
hillside flat in the effort to reduce potential slope failure of the Quarry rim and potential loss of
yard area. A geotechnical report was submitted to the Town which concludes that the proposal
would not have an adverse impact to the stability of the Quarry wall and there is potential for
instability in this area even if grading improvements were performed. They also concur with the
geotechnical report submitted when the new residence was proposed in 2002 and the conclusion
that the building site is not at significant risk with respect to rim instability. If there is a benefit
of the proposal, it is the reduced load on the rim and a reduction in the degree of a potential slide.
In review of this project, it became clear that views from the Wessbecher property would be
enhanced if the project were approved. Conversely, the residence would become more visible
from the Quarry subdivision and the surrounding hillside developments. Final points made: (1)
Landscape screening plan for the new residence is required to be reviewed at a Site Development
hearing; the plan has not been submitted to date. (2) General Plan discourages grading of
hillsides and requires applicants to work with the natural terrain features. This area is unique and
clearly has been disturbed in the past and it is inconclusive as to whether the area proposed for
grading is entirely natural. (3) The Geotechnical reports prepared for this project do not
quantify the degree and potential for a "rim" failure although they conclude the proposal will not
Planning Commission Minutes
June 23, 2005
Page 2
have a negative impact with respect to stability. The immediate benefit to the applicant would be
an enhanced view.
Chairman Kerns noted that the grading actually crosses property lines. Staff clarified that there
are actually three applicants; Mr. Wessbecher is the led applicant. The other two applicants have
actually signed an application.
OPENED PUBLIC HEARING
Uwe Wessbecber, applicant, provided a history of the property which they purchased seven years
ago. He referred to conversations with Mr. Neilson, soils engineer, who told him that the
continued erosion was a given on the entire Quarry rim, notjust his area, but everywhere. They
discussed mitigation measures at that time. He provided photos of the proposed area which had
been directed to the Quarry Lake Estates Homeowners Association along with a letter indicating
what he was proposing. This was several months ago. He also had a letter from Jo Crosby
regarding the erosion control issues. He indicated that there had been four independent studies
made of the area over the years with recommendations for correction. They were looking for the
least amount of impact. He discussed the amount of cut and indicated that there was no issue
with water run-off as it will all go back onto his property. He indicated that this was a man made
slope (quarry). He would now like to take care of the problem before something happens. This
is an unique situation. Also of interest, they have actually lowered the home site two feet to
provide more feeling of stability, giving up some view in the process. He understands that the
house is not at risk of falling off of the cliff but he believed there is clearly a risk of part of their
property going off the cliff. He indicated that they are trying to take care of a problem that was
created 15-20 years ago.
Commissioner Carey felt it was a beautiful lot asking why the applicant did not address this issue
when the house application was submitted. He referred to the engineer's report which indicates
the work "might help" or "maybe will help".
Mr. Wessbecher stated that they now have a construction driveway and they have the ability to
haul dirt so it is the most cost effective time to do the corrective grading. It was always his
intention to correct/enhance the stability of the hillside. We know there is a problem and they
want to address it rather than ignoring it, waiting for the worst scenario. The goal is to remove
pressure from the worst possible part. The wise thing to do is to take the 11 feet (not 4 feet to
stay within policy).
Commissioner Clow stated one of the reasons they have a grading ordinance is concern about
people creating geometric steps in hillsides. The topo and diagram show this as an absolute flat
pad and then a geometric slope upward which looks like your classic step in the hillside that they
me trying to avoid. He suggested rounding this off, making it look more natural (yellow and red
sections). Mr. Wessbecher had no issue with the suggestion of rounding, making it look more
natural. For clarification, Commissioner Clow stated rather than things going at angles, they
round off. The intent is that it looks round, looks quasi natural at the top, particularly the profile
as you look up from down below.
Planning Commission Minutes
June 23, 2005
Page 3
Planning Director Cahill felt, as a part of the landscape screening plan for the new residence,
they could address this area as well. This would allow one more opportunity to look at the
finished grading project and if it is not quite to your satisfaction, it could require a little more
modification prior to installation of the plants.
Mr. Wessbecher discussed their landscape and erosion control plans and their efforts to be
careful not to put water on the other side of the Quarry. They will not be irrigating on the other
side of the fence, where they could cause themselves a problem.
Discussion ensued regarding the preliminary landscaping plan the was submitted with the new
residence. Mr. Wessbecher would like to create natural landscaping.
Chairman Kerns felt the landscaping plan should be reviewed after the grading has been
completed. This could be added to the conditions of approval.
OPENED PUBLIC HEARING
Lydia Vidovich, living at 12260 Kate Drive for 5 years with her husband and children. Prior to
that, Mr. Vidovich spent 15 years working on the development of an active rock quarry into the
Quarry Hill subdivision. One of the most challenging task left was the open spaces left from
overly active pit mining. The face behind their house is deeper than it should be. The result is
millions of pounds of pressure, and due to the steepness, potential land sliding. At their
homeowners association meeting, all of the residents agreed on the issue of reducing the
Wessbecher's hill slope. The Quarry is not natural and cutting greater then the protective rule is
justified along the over steep cliff to restore natural stability. To reduce the height of the over
burdened area, the Wessbechers will be making a great contribution toward restoring the quarry
to a more natural state. In the long term, the risk of sliding will be lessened and they would
prefer that the Wessbechers cut the hill even more than planned but they realize that the cutting
of hills is very expensive. She voiced support of the project.
CLOSED PUBLIC HEARING
Commissioner Carey felt this application was difficult with important issues on both sides. He
would prefer an engineering report that indicates this will improve the stability of the hillside and
drainage, not "maybe". There is a benefit of a better view and a flat play area for the applicants.
If we do allow the proposed grading it will produce a more visible house which is actually the
opposite reason why they usually allow grading exceptions. The approval may set a precedent
for future applicants. He felt the area could be graded within the ordinance and achieve some of
the benefits in terms of better stability of the hillside. The Quarry is different than any other area
in Town. He would suggest grading within the ordinance; not granting an exception to the
grading policy.
Commissioner Clow voiced support of the project. He felt this was a good idea, done right. He
would ask staff to make sure there is a curb look to the grading which should not be hard to
accomplish. Landscaping will help. The concern with instability of the hillside is a real one.
Planning Commission Minutes
June 23, 2005
Page 4
With the condition that they make sure that there is a rounded look to the excavation so it will
not look like a step in the hillside, he can support the project.
Commissioner Cottrell also had mixed feelings about the project. The hill was there when the
Wessbechers bought the property. He felt the prime reason for asking for this is to improve the
view. On the other hand, he felt the request is not uureasonable that not only will their view be
improved but also for the people below. He noted that every house in the Quarry is visible,
whether up high or below. With mixed feelings, he would come down on the side of approval.
Commissioner Collins also had concerns. She also felt the primary benefit was the view. She
also had a concern with setting precedent of making exceptions to the grading policy for grading
that is not a specific hardship of a specific problem identified in the geotechnical report.
However, she understood how it would give the applicants peace of mind having the hill
stabilized. This is a man-made slope and will not come up before them again. So why not allow,
them to re -grade it in a nice way and landscape which will be an improvement.
Chairman Kerns voiced support of the project as the applicants are trying to remove an area that
has potential safety issues. It is also true that the applicants will benefit with a better view. He
agreed with the suggestion regarding smoothing the contours which the contractor can
accomplish as they grade. He would add to the conditions that this come back to the Planning
Commission for the review of the landscape screening plan. At that point, they can review how
the grading is progressing and if there are any slight modifications prior to doing the landscaping
it can be done at that time. Since the entire Quarry is unique, he did not feel they were setting a
precedent as the whole area was cut at one time because of the quarry.
MOTION SECONDED AND PASSED BY CONSENSUS: Motion by Commissioner Clow and
seconded by Chairman Kerns to approve the request for a Site Development Permit for slope
alteration and a grading policy exception; Lands of Wessbecher, 11021 Magdalena Road, with
the following additions/changes to the conditions of approval: add a condition that the contours
be somewhat rounded with staff review; and the landscape screening plan shall be reviewed by
the Planning Commission sometime after the grading has been completed.
AYES: Chairman Kerns, Commissioners Collins, Cottrell & Clow
NOES: Commissioner Carey
This approval is subject to a 23 day appeal period.
3.2 PROPOSED POLICY APPLICABLE TO ALL RESIDENTIAL ANNEXATION
APPLICATIONS. SPECIFICALLY, THE POLICY PERTAINS TO LAND USE
AND PLANNING, PUBLIC SERVICES AND FACILITIES AND FISCAL
IMPACT ANALYSIS (staff -Carl Cahill).
Planning Director Cahill introduced this item by reviewing the staff report and the LAFCO
Urban Pockets 2005 maps, indicating that the Town has the potential to annex over 300
additional properties in the coming years. The City Council authorized the staff to develop an
annexation policy that will facilitate a comprehensive evaluation of future annexations and an