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HomeMy WebLinkAboutItem 3.1Item 3.1 TOWN OF LOS ALTOS HILLS February 5, 2009 Staff Report to the Planning Commission RE: A SITE DEVELOPMENT PERMIT FOR A LANDSCAPE SCREENING PLAN FOR A NEW RESIDENCE, SWIMMING POOL, SECONDARY DWELLING UNIT AND BARN.; LANDS OF LOS ALTOS HOMES LLC; 26462 PURISSIMA ROAD (FILE # 295-08-ZP-SD) FROM: Nicole Horvitz, Assistant Planner%% APPROVED BY: Debbie Pedro, AICP, Planning Director 71Df RECOMMENDATION: That the Planning Commission: Approve the requested Site Development Permit for a landscape screening plan, subject to the recommended conditions of approval in Attachment 1. BACKGROUND This application has been forwarded to the Planning Commission for review as required by condition of approval 42 for the new residence approved on March 6, 2008 (SDP# 166-07-ZP-SD-GD, Attachment 2). The subject property is located on the west side of Purissima Road. The surrounding uses include single-family homes on adjacent parcels to the north, east, south and west. The applicant is proposing a landscape screening plan for a new residence, swimming pool, secondary dwelling unit and barn. DISCUSSION Site Data: Gross Lot Area: 2.032 acres Net Lot Area: 2.004 acres Average Slope: 7.3% Lot Unit Factor: 2.002 Floor Area and Development Area: Area (sgjt) Maximum Existing Proposed Increase Remaining Development 30,060 23,365 0 0 6,695 Floor 11,935 11,935 0 0 0 Staff Report to the Planning Commission Lands of Los Altos Homes LLC 26462 Purissima Road February 5, 2009 Page 2 of 6 Condition of approval #2 for the new residence required the applicant to install immediate landscape screening prior to submitting plans for building permits. The planting included 313 native species which included forty nine (49) 24"-48" box trees, 243-5 gallon shrubs and twenty one (21)-15 gallon shrubs. Since the screening trees were planted, ten (10) oak trees have died due to the impacts of construction and will be replaced prior to final inspection (condition #3). The applicant is proposing an additional thirty eight (38) screening trees and 253 shrubs ranging from 1 gallon to 5 gallons in size. Trees Strawberry Tree 1 24" box Western Redbud 3 15 gallon Evergreen Ash 2 24" box Southern Magnolia 2 25" box Sour Gum 14 15 gallon Italian Stone Pine 5 25" box California Sore 10 24" box Fern Pine 1 24" box COMMITTEE COMMENTS The Environmental Design and Protection Committee commented on the extent of lawn, replacement of the oaks that have died along the north property line, and light fixtures (Attachment 4). The comments have been forwarded to the applicant. OUTDOOR LIGHTING The applicant is proposing to install thirty three (33) at down shielded path lights, ten (10) louvered path lights and six (6) pole lights with frosted glass. CEQA STATUS This project is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15304 (b) of the CEQA Guidelines. Staff Report to the Planning Commission Lands of Los Altos Homes LLC 26462 Purissima Road February 5, 2009 Page 3 of 6 ATTACHMENTS 1. Recommended Conditions of Approval 2. Conditions of Approval for SDP#166-07-ZP-SD-GD dated March 6, 2008 3. Minutes from the January 17, 2008 and March 6, 2008 Planning Commission Meetings 4. Environmental Design and Protection Committee Comments dated December 19, 2008 5. Landscape Screening Plan, Entry Gate and Fencing Plan, Lighting Plan and Overall Grading Plan Staff Report to the Planning Commission Lands of Las Altos Homes LLC 26462 Purissima Road February 5, 2009 Page 4 of 6 ATTACHMENT RECOMMENDED CONDITIONS FOR SITE DEVELOPMENT PERMIT FOR A LANDSCAPE SCREENING PERMIT LANDS OF LOS ALTOS HOMES LLC, 26462 PURISSIMA ROAD File # 295-OS-ZP-SD A. PLANNING DEPARTMENT: 1. No other modifications to the approved plans are allowed except as otherwise first reviewed and approved by the Planning Director or the Planning Commission, depending on the scope of the changes. 2. A landscape maintenance deposit in the amount of $20,000 shall be posted prior to final inspection. An inspection of the landscape to ensure adequate establishment and maintenance shall be made two years after the installation. The deposit will be released at that time if the plantings remain viable. 3. The ten (10) oak trees that have died due to the impact of construction shall be replaced prior to final inspection. 4. Prior to beginning any grading operation, all significant trees, particularly the heritage oak trees, are to be fenced at the drip line. The fencing shall be of a material and structure (chain-link) to clearly delineate the drip line. Town staff must inspect the fencing and the trees to be fenced prior to commencement of grading. The property owner shall call for said inspection at least three days in advance of the inspection. The fencing must remain throughout the course of construction. No storage of equipment, vehicles or debris shall be allowed within the drip lines of these trees. Existing perimeter plantings shall be fenced and retained throughout the entire construction period. Fences and gates are approved as shown on the site plan. Any new fencing or gates shall require review and approval by the Planning Department prior to installation. 6. Outdoor lighting is approved as shown on sheet L3. No lighting may be placed within setbacks except two entry or driveway lights. Any additional Staff Report to the Planning Commission Lands of Los Altos Homes LLC 26462 Purissiina Road February 5, 2009 Page 5 of 6 outdoor lighting shall be approved by the Planning Department prior to installation. ENGINEERING DEPARTMENT: 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. 8. 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. 9. 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. 10. 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. 11. 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. Project approval may be appealed if done so in writing within 22 days of the date of this notice. The building permit cannot be issued until the appeal period has lapsed. The applicant may submit construction plans to the Building Department after February 27, 2009 provided the applicant has completed all conditions of approval required prior to acceptance of plans for building plan check. Staff Report to the Planning Commission Lands of Los Altos Homes LLC 26462 Purissima Road February 5, 2009 Page 6 of 6 Upon completion of the construction, a final inspection shall be required to be set with the Planning and Engineering Departments two weeks prior to final building inspection approval. NOTE: The Site Development permit is valid for one year from the approval date (until February 5, 2010). All required building permits must 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 Planning Commission Lands of Los Altos LLC Much 6, 2008 Page 4 RECOMENDED CONDITIONS (REVISED) FOR SITE DEVELOPMENT PERMIT FOR A NEW RESIDENCE AND SWIMMING POOL LANDS OF LOS ALTOS HOMES LLC, 26462 PURISSIMA ROAD File 4166-07-ZP-SD-GD PLANNING DEPARTMENT 1. No other modifications to the approved plans we allowed except as first reviewed and approved by the Planning Director or the Planning Commission, depending on the scope of the changes. 2. All proposed tree and shrub plantings shown on the plans prepared by Michael A. Tebb Design shall be installed and inspected by Town staff, prior to issuance of Building Permits. The proposed screening for the main residence A/C units, the secondary dwelling unit A/C unit and the fencing for the trash area shall be installed prior to f nal inspection. 3. After completion of rough framing and prior to the time of the pre - rough framing inspection by the Planning and Engineering Departments, the applicant shall submit a landscape screening and erosion control plan for review by the Planning Commission. Particular attention shall be given to plantings which will be adequate to break up the view of the new residence from surrounding properties and streets. Particular attention shall be paid to landscaping that will help break up the view of the house from the adjacent properties. All landscaping required for screening purposes and for erosion control (as determined by the City Engineer) must be installed prior to final inspection of the new residence. 4. A landscape maintenance deposit in the amount of $20,000 shall be posted prior to final inspection. An inspection of the landscape to ensure adequate establishment and maintenance shall be made two years after the installation. The deposit will be released at that time if the plantings remain viable. All new exterior lighting fixtures shall have white/frosted/etched glass enclosures or be shielded light fixtures. Seeded or bent glass is not acceptable. No landscape or site lighting is approved with this plan. Landscaping and site lighting shall be reviewed with the landscape screening plan. All lighting must comply with the Town's Lighting Policy prior to final inspection. Planning Commission Lands of Los Altos LLC March 6, 2008 Page 5 6. Prior to requesting the foundation inspection, a registered civil engineer or licensed land surveyor shall certify in writing and state that "the location of the residence and roof eaves are no less than 40' from the front property line and 30' from the side and rear property lines." The elevation of the residence shall be similarly certified in writing to state that "the elevation of the residence matches the elevation and location shown on the Site Development plan." The applicant shall submit the stamped and signed letter(s) to the Planning Department prior to requesting a foundation inspection. 7. Skylights shall be designed and constructed to reduce emitted light. No lighting may be placed within skylight wells. 8. Air conditioning units shall be located a minimum of 40' from the front property line and 30' from the side and rear property lines. 9. No new walls, fencing or gates shown on site plan sheet Al.l are approved with this permit. Any new walls, fencing or gates require a Fence Permit and shall require review and approval by the Planning Department prior to installation. 10. Fire retardant roofing (class A) is required for all new construction. 11. 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. 12. 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. 13. All existing Blue Gum (E. globulus), Pink Ironbark (E. sideroxylon rosea), River Red Gum (E. camaldulensis), Swamp Gum (E. rudis), Honey Gum (E. melliodora), or Manna Gum (E. viminalis) eucalyptus trees on the Planning Commission Lands of Los Altos LLC Much 6, 2008 Page 6 property located within 150, of any structures or roadways shall be removed prior to final inspection of the new residence. Removal of eucalyptus trees shall take place between the beginning of August and the end of January to avoid disturbance of nesting birds protected under the Federal Migratory Bird Treaty Act (MBTA) and California Department of Fish and Game Code Section 3500 et seq unless a nesting bird survey is first conducted and there is a determination that there are no active nests within the tree. ENGINEERING DEPARTMENT 14. Peak discharge at 26462 Purissima Road, as a result of Site Development Permit 166-07, shall not exceed the existing pre -development peak discharge value of the property. Detention storage must be incorporated into the project to reduce the anticipated peak discharge to the pre - development value. Provide the data and peak discharge hydrologic model(s) utilized, as well as, the calculations of the peak discharge value prior and post development. Determine the design peak runoff rate for a 10 -year return period storm and provide detention storage design plans to reduce the predicted peak discharge to the pre -development value. All documentation, calculations, and detention storage design (2 plan copies) shall be submitted for review and approval to the satisfaction of the City Engineer prior to acceptance of plans for building plan check. Prior to final inspection, a letter shall be submitted from the project engineer stating that the detention storage design improvements were installed as shown on the approved plans and in accordance with their recommendations. 15. Any, and all, changes to the approved grading and drainage plan shall be submitted as revisions from the project engineer and shall first be approved by the Town Engineering Department. No grading shall take place during the grading moratorium (October 15 to April 15) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line except to allow for the construction of the driveway access. 16. All public utility services serving this property shall be placed underground. The applicant should contact PG&E immediately after issuance of building permit to start the application process for undergrounding utilities which can take up to 6-8 months." 17. At the time of foundation inspection for the new residence and prior to final inspection, the location and elevation of the new residence 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 Planning Commission Lands of Los Altos LLC March 6, 2008 Page 7 Site Development plan. At the time of framing inspection for the new residence, the height of each building shall be similarly certified as being at the height shown on the approved Site Development plan. 18. Two copies of an erosion and sediment control plan shall be submitted for review and approval by the Engineering Department prior to acceptance of plans for building plan check. The contractor and the property owner shall comply with all appropriate requirements of the Town's NPDES permit relative to grading and erosion/sediment control. The fust 100 feet of the driveway shall be rocked during construction and all cut and fill slopes shall be protected from erosion. All areas on the site that have the native soil disturbed shall be protected for erosion control during the rainy season and shall be replanted prior to final inspection. 19. Two copies of a grading and construction operation plan shall be submitted by the property owner for review and approval by the City Engineer and Planning Director prior to acceptance of plans for building plan check All construction related parking for the proposed improvements shall be accommodated onsite. The grading/construction operation plan shall address truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic safety on Purissima Road and surrounding roadways, storage of construction materials, placement of sanitary facilities, parking for construction vehicles, clean-up area, and parking for construction personnel. A debris box (trash dumpster) shall be placed on site for collection of construction debris. Arrangements must be made with the Los Altos Garbage Company for the debris box, since they have a franchise with the Town and no other hauler is allowed within the Town limits. 20. 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 ofplans for building plan check 21. The driveway shall be required to be fully constructed and to be roughened where the pathway intersects, to the satisfaction of the City Engineer, prior tofinal inspection. 22. The property owner shall be required to connect to the public sanitary sewer prior to final inspection. A sewer plan that is prepared by a registered civil engineer shall be required to be approved by the City Engineer prior to acceptance ofplans for building plan check An as -built mylar copy of the sewer plan shall be required to be submitted to the Town Planning Commission Lands of Los Altos LLC March 6, 2008 Page 8 prior to final inspection. An encroachment permit shall be required by the Town's Public Works Department for all work proposed within the public right of way prior to start work. A sewer hook-up permit shall be required by the Town's Public Works Department prior to submittal of plans for building plan check 23. The property owner shall dedicate a 30' wide half -width public right of way to the Town over Purissima Road. The property owner shall provide legal description and plat exhibits that are prepared by a registered civil engineer or a licensed land surveyor and the Town shall prepare the dedication document. The dedication document, including the approved exhibits, shall be signed and notarized by the property owner and returned to the Town prior to submittal ofplans for building plan check. 24. The property owner shall construct a type 2B pathway adjacent to Purissima Road to the satisfaction of the Engineering Department prior to final inspection. FIRE DEPARTMENT 25. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. 26. The applicant shall install an approved fire department engine driveway and turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall confomr to Fire Department Standard Details and Specifications D-1, prior to final inspection. 27. The property owner shall provide an automatic residential fire sprinkler system approved by the Santa Clara County Fire Department throughout all portions of the new residence. Three copies of plans prepared by a State of California licensed fire protection contractor shall be submitted to the Planning Department prior to acceptance of plans for building plan check. The fire sprinkler plans shall be approved by the Fire Department prior to issuance of building permit. The sprinklers shall be inspected and approved by the Fire Department, prior to final inspection. 28. The driveway shall be required to be fully constructed, to the satisfaction of the Santa Clan County Fire Department, prior to final inspection. Planning Commission Lands of Los Altos LLC March 6, 2008 Page 9 1 1 9_ . C Iu a 29. Properties must pay School District (Los Altos or Palo Alto) fees prior to acceptance of plans for building plan check from Los Altos Hills. The applicant must take a copy of required fee payment forms that have been completed by the Town to both the elementary and high school district offices, pay the appropriate fees and provide the Town with a copy of their receipts. Please call 650-941-7222 extension 235 to schedule a final inspection with the Planning and Engineering Departments at least two weeks prior to scheduling the final building inspection approval. CONDITION NUMBERS 2, 14, 18, 19, 20, 22, 23, 27, AND 29 SHALL BE COMPLETED AND SIGNED OFF BY TOWN STAFF PRIOR TO ACCEPTANCE OF CONSTRUCTION PLANS FOR PLAN CHECK BY THE BUILDING DEPARTMENT. NOTE: This Site Development permit is valid for one year from the approval date (until March 6, 2009). All required building permits must 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 3 Minutes of a Regular Meeting Approved 02/21/08 Town of Los Altos Hills PLANNING COMMISSION THURSDAY, January 17, 2008, 7:00 p.m. Council Chambers, 26379 Fremont Road 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 Carey, Commissioners Clow, Collins, Cottrell and Harpoothan Staff: Debbie Pedro, Planning Director; Nicole Horvitz, Assistant Planner; Richard Chiu, 000 City Engineer; Cyrus Kianpour, Consultant Engineer; and Victoria Ortland, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR - none PUBLIC HEARINGS 3.1 LANDS OF LOS ALTOS HOMES, LLC, 26462 Purissima Road, File #166-07- ZP-SD-GD; A request for a Site Development Permit for a 10,975 square foot two-story new residence (maximum height: 27 feet), a 960 square foot detached single story secondary dwelling unit, tennis court, swimming pool and horse bam. CEQA Review: Categorical Exemption per Section 15303 (a) & (e) (Staff -Brian Froelich). Ex Parte Contacts Policy Disclosure: Commissioner Harpoothan attended the October 23, 2007 Fast Track public hearing for the project. Debbie Pedro, Planning Director, presented the staff report for the project proposal of a two- story 10,975 square foot residence, 960 square foot second unit, 200 square foot horse bam, swimming pool and tennis court. The two acre vacant site with a 7.3 average slope is surrounded by one-story and two-story homes. There had been neighbor concerns expressed over drainage and visual impacts. The runoff from the property will be collected into a detention facility with a total capacity of 1,890 cubic feet (14,000 gallons), flow through a four inch pipe to a culvert and then offsite. The site currently has virtually no landscaping. Commissioner Cottrell asked if the project had been originally scheduled for a Fast Track hearing. Planning Commission Minutes Approved 02/21/08 January 17, 2008 Page 2 Debbie Pedro confirmed that the project had been scheduled for a Fast Track hearing because it had conformed to all of the zoning requirements. Neighbor concems raised at the public hearing had caused the project to be forwarded to the Planning Commission. Cyrus Kianpour, Consultant Engineer, stated that the project met all the Town's engineering standards. He explained that the Town's requirement for any proposed development project was to maintain the amount of drainage runoff from the site to pre -development conditions. The difference between the pre -development and the post development runoff must be detained in a system and be released over a period of time. The project's drainage system was designed to be self draining. It exceeds the storage requirement and the piping system had been moved up the slope to give the system the ability to drain itself in 24 hours to prepare for the next storm. The 12 inch culvert under the driveway matched the size of other culverts downstream. Chairman Carey asked what the distance was from the new buildings to the neighboring Kirkpatrick and Jambulingam properties. Debbie answered that the closest point to the Kirkpatrick's property was 38 feet from the comer of the new garage and 33 feet to the Jambulingam's property. Commissioner Cottrell asked staff to comment on possible ambient noise changes for the neighborhood and sound walls that had been removed from the plans. Debbie explained that per the recently updated General Plan, sound walls were discouraged. The plicant had proposed a 6 foot block wall on the comer of the property. The wall met all the f me requirements and is not considered a sound wall. The professional acoustic engineer hired by the applicant reported that there would be a negligible increase in the ambient noise after construction. Manish Gupta, applicant, explained that meetings had been held with the neighbors to help clarify their key concerns and listen to their suggestions for solutions. The resulting proposed options were discussed with the Town planning and engineering staff. In response to noise concems, Mei Wu Acoustics, a firm with expertise in acoustics and sound, had been hired to study the levels of proposed noise from the property. The new drainage system had been designed to capture the increased run-off from the property and restrict it to pre -development amounts. He stated they had increased the retention capacity to 1,890 cubic feet from 945 cubic feet and created a self draining system. The proposed driveway had been designed with a slope of 2.5 percent. The sewer mainlines had been designed to accommodate neighbors on the other side of Purissima Road who wanted to hook-up. Six neighbors had shown interest in joining the new sewer line. T -joints will be provided at time of construction for connection at that time or will be installed for connection at a later time. There was neighbor concern over views and the bulk of the house. Relocating the house was requested by one of the neighbors and had been considered, but then a different neighbor asked that the house remain in the original location. Commissioner Harpootlian asked what distance had been considered for relocation of the house Planning Commission Minutes Approved 02/21/08 January 17, 2008 Page 3 Ninh Le, engineer for the applicant, explained that one of the suggestions had been to move the house to be clear of the line of sight from the Kirkpatrick's home. That would be approximately 40 to 60 feet to the south. Mr. Gupta stated that the proposed home is 300 feet back from Purissima Road and conformed to the setback requirement of the Town's Estate Home Ordinance. Planning department staff had recommended that the Planning Commission review the screening plan and he welcomed that opportunity. Twenty-three trees are planned for the north side of the property and fourteen trees along the west side of the property. The trees being considered include Coast redwood, ash or Live oak with a height of 14 to 15 feet tall at planting. The sound wall was removed from the plan because it would reflect noise instead of absorb noise. A noise report was submitted to the Town in December, 2007. Chairman Carey asked what the impact would be on the plans for the site if the home were relocated more to the southerly direction. Mr. Gupta said that the plan would be significantly impacted considering their vision for the other structures on the site. Ninh Le, explained that as the location of the house is moved south it is also moved upslope and would no longer meet the Town ordinance for the maximum cut and fill. Chairman Carey asked why the previously proposed sound wall was no longer considered necessary. Mr. Le stated that the location of the previously planned sound wall would cause noise from Interstate 280 to be reflected back toward Mr. Kirkpatrick's house. OPENED PUBLIC HEARING Bob Kirkpatrick, Purissima Road, expressed his concerns about the accuracy of the noise study as measurements are given in both feet and meters. He wished to have the noise issue re- examined to measure the reflected sound from the new development on all the neighboring homes. He felt the noise from the air conditioners in the proposed location would prevent the ability to leave the doors and windows of his house open, especially at night. He thought the headlights from vehicles using the proposed driveway for site arrival, puking and garage access would be directed into the windows of his home. The number of people visiting the home could cause a problem with cars using Purissima Road, his driveway or the Hickman's driveway for parking. He felt that the home was designed to catch the attention of onlookers passing by on Purissima Road, which could create a safety hazard. His privacy on his deck and in his home would be compromised by the proposed house and the placement of the windows. He was also worried about potential drainage problems on the project site. Commissioner Harpootlian asked Mr. Kirkpatrick if moving the house 10 to 15 feet to the south would make a difference in his privacy concerns. He asked what distance the house would need to be moved to solve his problems with the project. Planning Commission Minutes Approved 02/21/08 January 17, 2008 Page 4 Mr. Kirkpatrick replied that 10 to 15 feet would make a difference in the privacy for the master bedroom but not the loft. He thought that moving the house 60 feet to the south would be the best solution. Commissioner Harpoothan asked Mr. Kirkpatrick if a row of trees placed to block the headlights from vehicles would be helpful for screening. Mr. Kirkpatrick said the trees would be helpful as long as the house was relocated. The noise and driveway problems would then be diminished. Moving the house just 10 or 15 feet would not do much but moving the house 40 to 60 feet would do a great deal. Commissioner Collins discussed with Mr. Kirkpatrick the relocation of the air conditioning units and trash collection area. Rebecca Hickman, Purissima Road, expressed support for Mr. Kirkpatrick's concerns and felt that he would be the most impacted of the neighbors by the project. Moving the house a little would solve a lot of the issues he has concerns about. Hickman's property will also be significantly affected by the development from a visual standpoint with the proximity of the new house's view into her lot and her view of the new garage area. She would benefit from the house being placed in a more central location on the site. Commissioner Harpoothan asked Rebecca how much she felt the house should be moved. Ms. Hickman said the land is fairly flat and felt it was possible to move the house to a more centralized place on the property. She would like the Planning Commission to consider the relocation of the house. Samuel Broydo, Purissima Road was concerned about the drainage from the project site. He was pleased with the changes the applicant had made to the system. He wanted to know the length of time it would take to empty the detention basin. He was convinced that the reflected noise impact deemed negligible was incorrect. The proposed trees will be important not only for privacy but also as a noise barrier. Trees with a growth habit of bushy foliage near the ground should be planted at the beginning of the project. Palaniappan Jambulingam, Purissima Road, considered that the trees would provide sufficient screening for privacy as long as they were mature at planting. He pointed out that the water from his lot drained onto the applicant's site and wanted the new driveway constructed in a way as not to make the water back-up onto his property. The proposed location of the house is fine and he could agree to have it moved a little to accommodate the privacy of the other neighbors. However, he would not like the house built directly behind his property because his views would be impacted. His house is 5 to 6 feet lower than the proposed house and if it was moved to a higher location, he would have no privacy. Paul Hickman, Purissima Road, commented that the owners of the new residence will want privacy too. The house in the current location has a major impact on the Kirkpatricks and an impact on his property. He felt that if the house could be more centered in the large area it Planning Commission Minutes Approved 02/21/08 January 17, 2008 Page 5 would minimize the average impact on all the neighbors and might be better for the future owners. Mrs. Jambulingam, Purissima Road, commented that if the house is moved further south it will impact her view and privacy. The current view of the mountain from her home will be hidden and only the new residence will be seen if the house is moved the suggested 40 to 60 feet. CLOSED PUBLIC HEARING Commissioner Clow noted that the applicant had met all the requirements for a Fast Track hearing except the agreement from the neighbors. The drainage issues had been addressed and twice the required storage capacity was being provided. Extensive landscape mitigation, including large trees, would be needed to reduce the impact of the project on the neighborhood. The Jambulingams would receive the biggest impact and lose a view if the house was moved 40 to 60 feet. He would recommend leaving the plan as proposed. Trees could mitigate the issues of headlights, the need for privacy and the increased noise. The applicant has done a good job of making as minimal of an impact possible and the plan is a good one. Commissioner Collins thought the location of the house should be moved about 30 feet so all the residents share in the view of the new house. The City Engineer should determine whether moving the house would require a grading variance. She supported planting the trees to mitigate any sound for the Kirkpatricks and Broydos. The trees could extend the length of the driveway. The air conditioners need to be moved to a location that does not impact any neighbors. The drainage culvert under the driveway should match the size of the neighbor's culverts. Commissioner Harpoothan felt the house should be moved 20 to 25 feet to the south. The air conditioners should be moved to a different location. The drainage has been properly addressed. The noise issues can be addressed with landscape screening. Commissioner Cottrell noted that since the applicant had fully developed the property, the future owner would have no opportunity to make changes as all available development area had been used. The drainage issues had been addressed adequately. The view and noise issues can be mitigated with proper landscape screening. The air conditioners should be moved and shielded to the maximum extent. A condition of approval should require that during the construction period, parking would be allowed only on the applicant's property. In terms of moving the house more to the south between the Kirkpatrick and Jambulingam houses you don't seem to gain much except along the driveway unless it would be moved a great deal. He felt that the moving of the house was a subject for further discussion. He commended the applicant on his extraordinary efforts to accommodate the neighbors, especially with the sewer system that will be an asset for the neighborhood. Chairman Carey felt that the landscape deposit should be increased to $20,000. He agreed that the air conditioners should be moved. He thought the property line should be well landscaped with trees added near the time that the house would be framed. He suggested that the Commission consider continuation of the project until the grading issues and applicant's comments on design considerations related to moving the house to the south could be further discussed. Planning Commission Minutes Approved 02/21/08 January 17, 2008 Page 6 Manish Gupta, applicant, agreed with the relocation of the air conditioning units and the landscape screening for the project. He would welcome a recommendation on the species of trees for screening. He stated that the highest point of the new residence was at Elevation 414 at the roofline. The first floor's finished height of Mr. Kirkpanicks home is Elevation 410, so only 4 feet of the new house would be seen by a person on the first floor of his home. He asked the Planning Commission to take that into consideration. The Jambulingam home is at a lower elevation than the proposed residence and would have a view 39 feet tall of the new residence. Ninh Le explained that the final layout of the driveway will be about 4 feet lower than existing grade. To meet required driveway and fire truck turnaround requirements, the drive will have less than a 5 percent grade. Bob Kirkpatrick, Purissima Road, commented that with discussion of the vehicle headlights directed toward his house from the proposed driveway, the slope of that driveway must be considered. MOTION AMENDED, SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded by Commissioner Clow to continue the project and direct the applicant to return to the Planning Commission with a detailed landscape screening plan. AYES: Chairman Carey, Commissioners Clow, Collins, Cottrell and Harpoothan NOES: none MOTION SECONDED AND PASSED: Motion by Chairman Carey and seconded by Commissioner Cottrell to continue the project and direct the applicant to return to the Planning Commission with a study of the implications of moving the house 15 to 20 feet to the south. AYES: Chairman Carey, Commissioners Clow, Collins, Cottrell and Harpoothan NOES: none MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded by Commissioner Clow to increase the landscape screening deposit to $20,000. AYES: Chairman Carey, Commissioners Clow, Collins, Cottrell and Harpoothan NOES: none This item will be continued to a future Planning Commission meeting. 3.2 LANDS OF GOESE, 13480 Wildcrest Drive, File #205-07-ZP-SD; A request for a Site Development Permit for a landscape screening plan. CEQA Review: Categorical Exemption per Section 15304 (b) (Staff -Nicole Horvitz). Ex Parte Contacts Policy Disclosure: Commissioner Clow spoke to the project site superintendent; Commissioner Harpoothan had met with the general contractor at the site. Minutes of a Regular Meeting Approved 4/3/2008 Town of Los Altos Hills PLANNING COMMISSION THURSDAY, Much 6, 2008, 7:00 p.m. Council Chambers, 26379 Fremont Road 1. ROLL CALL AND PLEDGE OF AT LEGIANCE 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 Carey, Commissioners Cottrell, Clow, Collins and Harpootlian Staff: Debbie Pedro, Planning Director; Brian Froelich, Associate Planner; Richard Chiu, City Engineer; and Victoria Orland, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR - none 3. PUBL IC HEARINGS -oft* 3.1 LANDS OF LOS ALTOS HOMES, LLC, 26462 Purissima Road, File #166-07-ZP-SD-GD; A request for a Site Development Permit for a 10,975 square foot two-story new residence (maximum height: 27 feet), a 960 square foot detached single story secondary dwelling unit, and a 1,200 square foot swimming pool and spa. CEQA Review: Categorical Exemption per Section 15303 (a) & (e) (Staff -Brian Froelich). (CONTINUED FROM THE JANUARY 17, 2008 PLANNING COMMISSION MEETING). Ex Parte Contacts Policy Disclosure: Chairman Carey had exchanged emails and spoken by telephone with one of the applicants. Commissioner Clow had met one of the applicants at the site and spoke briefly to him before the Planning Commission meeting. Commissioners Collins and Harpootlian had met the applicants at the site. Commissioner Cottrell had exchanged emails with one of the applicants. Brian Froelich, Associate Planner, presented the staff report explaining that the application before the Planning Commission was continued from the January 17, 2008 meeting. The two acre site has frontage on Purissima Road. A two story residence, secondary unit, pool, tennis court and horse bam are proposed. At the January 17, 2008 meeting, the Planning Commission requested that the applicant return with an immediate landscape screening plan and a study of the implications of moving the house 15 to 20 feet to the south. The Commission also recommended the landscape screening deposit be increased to $20,000. Of the 49 proposed trees on the landscape plan, 17 are 48 inch box oak and eight are 48 inch box madrone trees. The remaining trees are 24 inch box or larger of various native species. Proposed to be planted around the perimeter of the property are 264 drought tolerant shrubs of native species in five to 15 gallon Planning Commission Minutes Approved 4/3/2008 March 6, 2008 Page 2 size. The Environmental Design Committee commented that they would prefer the plants grouped in clustered arrangements rather than planted primarily around the perimeter of the property. The Committee also recommended that the three proposed bay trees should be moved away from the oaks and the ceanthus shrubs should be moved to receive more sunlight. The applicant asserts that relocating the house would be beneficial to some neighbors while being detrimental to others. The previously proposed masonry wall at the property boundary adjacent Highway 280 has been replaced on the plan with a wooden fence. Concerns over construction parking have been addressed in Condition 19, the Construction Operation Plan, requiring that all construction parking will be accommodated on the site. The location of the air conditioning units has been moved to the northwest side of the building. The trash containers remain in the original location with a six-foot tall fence and shrubs for screening. Dipesh Gupta, Applicant, reviewed the Commission directives and neighbor concerns from the January 17, 2008 Planning Commission meeting. To mitigate neighborhood impact, the air conditioning units have been moved to the northwest side of the structure with additional screening planned. The a/c units are closer to another neighbor now but the applicants are willing to consider relocating them again. The sound wall has been eliminated from the plan. All construction parking will be on the site and will be included on the construction operations plan. He acknowledged the increased landscape deposit of $20,000. The initial landscape screening plan has been submitted after consultation with the neighbors. They had worked closely with the architect to evaluate various options for relocating the house 15 to 20 feet. The guiding principle for the landscape screening plan had been to come up with a plan that blends with the neighborhood and utilizes native, drought tolerant vegetation that is evergreen with dense foliage. Special attention was paid to the height of the trees at planting. Before construction begins, 25 trees between 12 to 18 feet high and 16 trees 10 to 12 feet high will be installed. Also planted in strategic locations will be 15-gallon shrubs for screening purposes. The bay trees will be replaced by any selection recommended by the Planning Commission. Screening will be planted to mitigate the headlight impact from the driveway and to screen the trash containers. Regarding the view impact from Mr. Kirkpatrick's home, 75 percent of the new residence will be below the floor level of the first floor of the Kirkpatrick house. There is an approximate difference of 22 feet in the first floor level height of the two homes and a distance of 110 feet apart. After completion of the new residence, two thirds of Mr. Kirkpatrick's house will probably still be visible from Purissima Road. The implications of moving the house 15 to 20 feet would violate the Town's side yard setback, requiring a complete redesign of the structure. Other options were investigated for relocation and the impacts deemed worse. The applicant's best efforts were used to mitigate neighbor impact. He felt the initial impact to Mr. Kirkpatrick's residence was not as significant as originally perceived. The project was in total compliance with Town codes and to require change would create significant impact to them. OPENED PUBLIC HEARING George Kirkpatrick, Purissima Road, commented on the metal roof section and skylight of the new house that would be in direct view from the second floor of his home. He was concerned that solar panels might be installed on the roof in the future and cause reflected glare in the direction of his residence. The lighting on the back of the building would create a "streetlight effect" with a big glow a great deal of the time. He was pleased with the landscaping plan. He Planning Commission Minutes Approved 4/3/2008 March 6, 2008 Page 3 had concerns with the safety issue of drivers on Purissima Road viewing the structure. He asked the Planning Commission to deny the permit. Commissioner Collins suggested that viewing the landscape screening plans might solve some of Mr. Kirkpatrick's site concerns from his property. Mr. Kirkpatrick replied that the trees needed to be much higher than the ones specified to obscure the view of the metal roof. Commissioner Collins asked Mr. Kirkpatrick if he still had concerns about the location of the house. Mr. Kirkpatrick stated that the house should move farther down. He also felt the fence surrounding the tennis court would affect Palaniappan Jambulingam's (another adjacent neighbor) view. Discussion ensued regarding the lighting on the back of the new residence and the chance for future solar panel installation. Paul Hickman, Purissima Road, said the builders had been very cooperative in discussing issues with the neighbors. As far as the location of the main house, if the area to the south were made more flexible, sufficient space would be available to relocate the house without disrupting the applicant's plans. He felt it would be better for him and the Kirkpatrick's to have the house moved farther to the south. Chairman Carey said in terms of what the applicant is trying to accomplish on the site with the entryway, etc, there are functional and overall goals that would be lost with relocation of the house. CLOSED PUBLIC HEARING Dipesh Gupta, Applicant, stated that per Mr. Kirkpatrick's concern, the lights on the residence would be frosted and etched. Any lights that the Planning Commission suggested will be installed. Regarding Mr. Hickman's request to relocate the house, moving the house 15 to 20 feet would require redesign. Moving the house farther, 60 to 80 feet, would create a huge impact of significant magnitude for other neighbors. Chairman Carey asked what area of the roof is planned to be metal. Mr. Gupta explained that the flat portion of the roof will be metal. The roof material will not be reflective. Commissioner Harpootlian asked if copper would be the metal that would be used for the roofing material. Planning Commission Minutes Approved 4/3/2008 Match 6, 2008 Page 4 Nova Sayadian, Architect, explained that the proposed roof material is a ribbed, powder coated, commercial type metal roofing. It can be colored in many different formats, is not reflective and would not fade for 30 years. Chairman Carey said he was not familiar with metal roof products and wanted to prevent an industrial look. Commissioner Cottrell suggested that the Planning Commission could not design the roof. Metal roofing is used for many buildings, is not reflective and will last a long time. Commissioner Clow asked what method of watering was planned for the landscape. Mr. Gupta replied that a drip irrigation system would be used. Commissioner Clow felt the applicant had done an outstanding job with the landscape plan. The landscape installation before construction begins gives the neighbors screening during the building process. A condition of approval can be provided to address the concern of Mr. Kirkpatrick regarding the sun's glare off the metal roof. Moving the location of the residence would hurt one neighbor more than it would help the other neighbors. He recommended approval of the project. Commissioner Collins explained that she felt the purpose of the Planning Commission was to resolve conflict. She acknowledged that the project had been in three public hearings and was returned to the Planning Commission to resolve conflict. If all new residences in Los Altos Hills had only to meet the ordinances, there would be more conflict in the community and no purpose for the Planning Commission. She saw the project as big and beautiful, but significant neighborhood conflict remained. The application had fallen short of standards that other large projects had met in the past, such as the Malavalli project. The application still remained in the design process and change could still be made. She supported moving the house back 20 feet and rotating it, if necessary. This type of compromise on a project of this scale was not too much to ask. Commissioner Harpoothan felt that a large home being built on the empty field has an impact on the neighborhood. The applicant had made an excellent effort in working with the neighbors to help mitigate the impact. The roof glare issue would be solved during construction. He was neutral in regard to moving the air conditioning units. He requested acceptance of the recommendations of the Environmental Design Committee. He felt the installation of the landscape screening before construction would make a big difference in the view to the neighbors. Commissioner Cottrell hoped the neighbors appreciated the applicant's extraordinary effort on their behalf. In his nearly nine years on the Planning Commission, he remembers few cases where anyone was willing to plant landscape screening before construction began. He appreciated the concerns of the neighbors but did not think a redesign of the property was practical or in the Planning Commission's purview to ask for. The codes have all been met and the applicant has worked hard to mitigate the effects of the construction on the other property Planning Commission Minutes Approved 4/3/2008 March 6, 2008 Page 5 owners. He felt very strongly that the applicant had gone the extra mile to be neighborly. He supported the project as submitted. Chairman Carey supported the application as presented. He felt that the applicant had done whatever is reasonable to try to make the project work. It is not a perfect situation for the neighbors and he respected their concerns. The pre -construction perimeter landscape screening plan is good. He did not feel the neighborhood would benefit from moving the house. MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded by Commissioner Clow to approve the requested site development permit for the new residence subject to the conditions of approval in Attachment one, Lands of Los Altos Homes, LLC, 26425 Purissima Road. AYES: Commissioner Clow, Cottrell, Harpootlim and Chairman Carey NOES: Commissioner Collins This project is subject to a 22 day appeal period 3.2 Amendment to the Zoning Ordinance with regard to structure height. (Sections 10-1.227 and 10-1.504) The draft ordinance amendment involves minor language changes to further clarify the definition of structure height and how structure height is measured. CEQA Review: exemption per Section 15061 (b) (3) (Staff -Brian Froelich). Brian Froelich, Associate Planner presented the staff report stating that at the October 4, 2007 Planning Commission meeting, the Commission requested an ad-hoc committee be formed to examine the Town's height standards. The recommendations from the committee are a "tune up" to the existing language. He specified that no changes to any standards are proposed just clarification language to the existing code. Two main points of clarification were discussed by the committee with regard to "pad level" and "basements" and how they are calculated in assessing building height. First, the pad level is the area excavated and compacted below the foundation. Current code requires measurement from pad or lowest natural or finished grade. In practice, Town staff has never calculated the pad level of a basement in the height but has calculated a pad where a typical crawl space is proposed. Homes with basements have been measured from natural or finished grade whichever is lower. This inadvertently gives an incentive to designers to include basements and allow those designs to be taller. The Committee chose to remove the pad level measurement requirement and measure height from adjoining grade (natural or finished, whichever is lower). Secondly, basements are very common with new residences currently and some designs include light wells and daylighted basements. No where in the current height ordinances are basements noted so the committee addressed this issue by specifying how structure height should be measured for all types of basement designs. En4i nmental Design and Protection Committee 16o11Attachment 4 Landscape/HardscapejEvaluation DEC . 5 Non Reviewed by: (A4 �1 t �k T jpWN OF LOH�t�? i r1IOZ Applicant I Address �, V �1 & ISS Iku ie- 1rJ� Creeks, drainage, easements: Significant issues/commegqts: