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HomeMy WebLinkAbout02/10/1993APPROVED to' Minutes of a Regular Meeting Town of Los Altos Hills PLANNING COMMISSION Council cc: Cas; February 10,1993, 7:30 P.M. tubers, 26379 Fremont Road ROLL CALL AND PLEDGE OF ALLEGIANCE Planning Commission meeting was called to order at 7:30 p.m. in the Council Chambers at Town Hall. Present: Chairman Pahl, Commissioners Cheng, Comiso, Schreiner, Simmu Absent: Commissioner Ellinger & Stutz Staff: Linda Niles, Town Planner; Jeff Peterson, City Engineer; Lam Lonberger, Planning Secretary Chairman Pahl asked that the meeting be adjourned in memory of Oscar Buneman, a longtime resident of the Town, who passed away on January 24th. Mr. Buneman was well known for his many contributions of time and self to our Community. e .� a � • � • �l. �Si •1N Persons wishing to address the Commission on any subject not on the agenda are invited to do so now. Please note, however, that the Commission is not able to undertake extended discussion or take action tonight on non-agendized items. Such items will be referred to Staff or placed on the agenda for a future meeting. None ��" Items appearing on the Consent Calendar are considered routine and will be adopted in one motion, except for any item removed for separate consideration elsewhere on the agenda. The Chairman will ask the Commission and the audience for requests to remove these items. None 4. PU13LIC HEARINGS %W Planning Commission Minutes February 10, 1993 Page 2 APPROVED 1%W 4.1 LANDS OF MACDONALD, 11800 and 11840 Francemont Drive; A request for a Tentative Map for purposes of lot merger for 11800 and 11840 Francemont Drive. Mr. Peterson introduced this item stating that the parcels proposed to be merged are the two parcels that directly abut the cul-de-sac street on the east side in the Francemont Subdivision. The existing gross acreages of Parcels 1 and 2 are 2.13 and 1.06 respectively, with their combined acreage being 3.19 acres. Shown on the parcel map is a relocated pathway easement. That pathway easement was documented after the pathway was constructed so the easement actually matches where the pathway is shown as a revision on the plan. Mr. Peterson stated that the Town does not currently have an ordinance specifying the procedure for processing a merger. The Subdivision Map Act states that mergers can be accomplished by the filing and recordation of a parcel map, which was included in the Planning Commission's packet. Also included was a Tentative Map showing the existing contours as well as other topographical features. Upon approval of the merger the applicant plans to submit a site development application for a new residence. OPENED PUBLIC HEARING Bill Kull, 20431 Stevens Creek Blvd., Cupertino, Civil Engineer, discussed the purpose qW of the lot line adjustment was to abandon a lot line. He stated that they have complied with the request to process a parcel map and included a Tentative Map to show existing contours and topography of the land. The purpose of the lot line adjustment was for construction of a new home which will be across the lot line. Mr. Kull stated that the owner purchased both lots with the intent of developing them as one piece. Commissioner Schreiner asked if any of the Persimmon trees were left and Mr. Kull answered that all the Persimmon trees were there and the owner intends to keep them all and enjoyed the screening of the Persimmon trees from Francemont Road. Chairman Pahl stated that if the merger was approved, the MFA would be about 15,000 sq. ft. He asked Mr. Kull if he had a concept of how large of a house the owners are looking at. Mr. Kull thought it would be around 10,000 sq. ft. CLOSED PUBLIC HEARING MOTION SECONDED AND PASSED: Motion by Commissioner Comiso and seconded by Commissioner Schreiner to approve the lot merger. The Commission discussed whether or not this body needed to approve the merger or if it could have been approved at Staff level. Mr. Peterson stated that the Town does not *AW currently have an ordinance specifying the procedure for processing a merger and he Planning Commission Minutes APPROVED February 10, 1993 Page 3 #4W discussed with the City Attorney having something on the books regarding a procedure in the near future. In the meantime, Staff is proceeding in this manner to make sure that the Planning Commission and Council can review the project and the Town has a good record of it. AYES: Chairman Pahl, Commissioners Schreiner, Simmu, Cheng & Comiso NOES: None ABSENT: Commissioners Ellinger & Stutz This item will appear on the City Council consent calendar on February 17, 1993. 4.2 LANDS OF HARKER, 11893 Francemont Drive; A request for a Site Development Permit for a New Residence, Pool and Spa (continued from November 24, 1992). Ms. Niles introduced this item staring that she did not have anything to add to the Staff Report except for questions on Condition 11 regarding alignment of pathways and #8 of the Staff Report regarding staking the path. She stated that the applicant's representative would address both issues and they had a suggestion in wording to #11 as agreed to at a site visit with the Pathway Committee and the City Engineer. Ms. Niles provided the Commission with a copy of the letter from Giuliani & Kull written ,W by Susan Roberts. Commissioner Comiso stated that after reading on the back page of the Staff Report, #E, "PASSED BY CONSENSUS: To add the following sentence to condition #25: "The Conditions, Covenants and Restrictions shall not be amended without Council approval." she had called Staff to discuss whether or not they had the right to remove the condition set by the Council stating that this would be a one story house on this property. Ms. Niles stated that her interpretation was that after reading through the minutes of the City Council when the map was approved, the concern for the one story house was if it was going to be constructed on the upper buildable area which was on the ridge line. The Council did not address a one story house if it was going to be down on the lower pad because the lower pad is not on a ridge line. She stated that she did consult the City Attorney and she felt that this was the correct interpretation and was not a modification of the conditions of approval. Ms. Niles asked that if the Planning Commission had concerns regarding this interpretation to please state so and the concern would be forwarded to the City Council. Commissioner Comiso stated that she wanted to give the Commissioners the opportunity this evening to make sure that Council realized that they have no intention of doing something they had already conditioned. %W Planning Commission Minutes APPROVED February 10, 1993 Page 4 Commissioner Schreiner asked Ms. Niles if it was her understanding that there was only one building site. Ms. Niles responded that there were two building sites and anything that was put on the higher site would have to be one story. It could be a secondary unit or a barn, pool house or guest house, etc. They discussed the property having one driveway for both sites and Ms. Niles stated that it might be that the upper level would not qualify for a secondary unit after interpreting the code strictly. Commissioner Simmu asked for an explanation of #2 of the Staff Report regarding the right-of-way width on site of 37'. Mr. Peterson responded stating that you would measure an additional 5' toward the house from the existing right-of-way easement. The dedication would be for an additional 5' strip on the house side along the existing 32' road easement. Mr. Peterson stated that on new developments the road way is always centered in the center of the road right-of-way. When you have an existing situation sometimes the right of way does not match the road way. As a policy, Mr. Peterson tries to get the road way centered in the easement so that if you need to make improvements you have room on each side of the road for the improvements. OPENED PUBLIC HEARING Bob Owen, 445 S. San Antonio Road, Los Altos, applicant's representative, stated that they designed and will be building a home for Dennis Harker. He discussed the low property and the fact that originally they had not considered building on the lower building site. He discussed the design of the home, terrain and vegetation and taking into account all the recommendations of the Commission and Staff and the reduction of bulk and mass. The project is below the MDA and MFA allowed. Commissioner Simmu, agreed that the house was well blocked from views, however, his concern for the size of the house relates to the steepness of the slope and the place where they would have to put fill. He realized that this has the geologist approval, however, he asked if they had considered making the house a little smaller and keeping the house back farther on the lot. His concern was the geology. Mr. Owen stated that the farther back they move the lot, the more contour they run into, and in discussing this with the architect and the civil engineers they tried to put the house where there would be the least amount of earth movement. He felt that the amount of fill that they were placing was not significant and that they would be placing more fill back where the swimming pool will be located than under the house. He did not feel when coming up Francemont that you would see the lower portion of the property, especially coming up the driveway with the bank, retaining wall and all of the foliage. Mr. Owen stated that he was more concerned than Commissioner Sinunu regarding geology because he would be the one the applicants would call. He felt that what was more of a concern than the soils were water penetration and run which he addresses in every house. 'W Planning Commission Minutes APPROVED February 10, 1993 Page 5 'W Commissioner Schreiner discussed the boxy, bulky appearance and she thought it would be visible by some. She discussed a possible shorter driveway narrowing the big loop and pushing the house back. Mr. Owen stated that at the previous meeting the Commission was concerned with off street parking so they provided the round driveway to provide parking on their own property rather than have it in the common area. He stated that was why they have a distance from the private road back to the house. Carol Gottlieb, Pathway Committee, discussed the pathway recommendations and complimented Susan Roberts from Giuliani & Kull, Inc. for her report regarding same. Ms. Roberts' letter related to revisions to Condition #11 of the Staff Report as follows: "A 10' wide pathway easement shall be granted to the Town which shall extend from the end of the existing 32' wide private driveway, Public Utility Easement and pathway easement through the "exception to conservation easement" to the westerly edge of the "exception to conservation easement". This easement shall follow the route of the existing trail which extends up the ridge from the end of the 32' wide private driveway." "A blanket pathway easement shall be granted over the existing conservation easement for the purpose of making single future connection from the pathway easement on this parcel to the westerly property line at a location compatible with a pathway to be ,` constructed on the adjacent property to the west." "As a part of the development of this lot the owner shall, where physically possible along the existing paved drive, create a shoulder area for pedestrians and equestrians. This is to be accomplished by trimming existing vegetation and compacting soil as necessary." Mr. Peterson suggested one correction which would be to remove the second "exception to conservation easement" in the first paragraph. Mr. Peterson showed the two pathways on the plan to the Commissioners and stated that the first paragraph could remain as stated, however, the second paragraph should be changed to read "making two future" instead of "making a single future". It was stated that the blanket pathway will go over the conservation easement. Through the exception to public utility easement there is a 10' pathway easement and over the conservation easement there is a blanket pathway easement. The pathway on the slopes would have to be done by hand because of the steepness. Carol Gottlieb stated that the pathway committee was working with a trails center on one small path in Los Altos Hills and when this path is put in, it would probably be put in by a group like the trails center who are very familiar with building paths in this kind of an area. Planning Commission Minutes APPROVED February 10, 1993 Page 6 Chairman Pahl was concerned with conservation easements and stated that however they are destroyed, whether by trails or by people, he would like them protected. Bill Kull discussed a previous question regarding pushing the house forward and stated that one of the problems that they ran into as they were laying this house out was that they were doing a 37' street dedication along the property line and also all of the entire frontage of the property adjacent to the dedication on the road way was determined by Staff to be front yard, requiring a 40' front setback. They really could not slide the house any farther forward as long as that was determined to be a front yard. He further discussed cut and fill and felt that there was not significant fill on this lot and most of the materials would be exported and hauled off the site. He stated that they attempted to address all of the Staff conditions and the Commission's concerns discussed in the previous meeting and they concurred with the pathway requests and appreciate their efforts. Chairman Pahl discussed the truck size to remove the fill and Mr. Kull agreed that a smaller truck might be needed and that the subdivision down the street was still accepting dirt so it would be a short haul. CLOSED PUBLIC HEARING Commissioner Comiso thanked Staff for the first two pages of their report. Every item that the Commission asked for previously was answered in dark print in the Staff Report. Kit Mura Smith, 11880 Francemont, stated that she had not had an opportunity to review the Plan and asked if she could review the Plan before a decision was made. She was concerned with the size of the home because she had spent a considerable amount of time opening that side of her house. It was her understanding that there was not going to be any building when she bought the house from Mr. Gaither and Mr. Harker. It was explained to Ms. Smith that the Commission had been taking testimony from the public and when no one else approached the Commission the public hearing was closed. She was welcome to review the plans which Staff had provided and if she had any questions, Staff would be more than happy to answer. Commissioner Schreiner asked Ms. Niles her recommendation to reduce the bulk of the house, especially the center piece that is about 31' that she felt would be visible. Ms. Niles responded stating that since some thought needed to go into that question, she would leave that to the applicant to propose any modifications. Commissioner Schreiner stated that there were only a few elevations that looked like a three story facade and maybe it was not far enough forward and she asked if the applicant would consider flattening the roof for a lower profile. 'r Planning Commission Minutes APPROVED February 10, 1993 Page 7 MOTION SECONDED AND PASSED: Motion by Commissioner Comiso and seconded by Commissioner Cheng to approve the Site Development Permit as revised, Recommended Conditions of Approval and substituting the February 10th letter from Giuliani and Kull for Condition #11 with the change in wording in the second paragraph from "a single" to "two". Mr. Peterson suggested one other condition of approval which had been discussed with the applicant regarding the driveway access, however, the condition is not shown in the report. He would like a condition stating "vegetation shall be cleared at the driveway entrance to provide adequate site distance as directed by the City Engineer." This was just to make sure there is adequate site distance. This would be Condition #16. Chairman Pahl asked Mr. Peterson if this should be part of the landscape plan rather than Site Development Plan as he does not want to start pulling vegetation up until they know what the landscape plan is going to be. It was Chairman Pahl's concern that it is very hard to go out there and try to figure where a house will be. Mr. Peterson stated that there would be a very minimum amount of vegetation removed to provide site distance. If they were working on their landscape plan and had it bonded, they would need to have safe exit and entrance. Mr. Owen stated that he did not have a problem with this condition. 4W The addition to the motion was acceptable with the maker of the motion and the second. AYES: Chairman Pahl, Commissioners Simmu, Cheng, Comiso NOES: Commissioner Schreiner ABSENT: Commissioner Ellinger & Stutz Chairman Pahl requested that the minutes reflect that he had spent some time on the Staff Report regarding the one story requirement and he agreed with Staff that the opinion was that the house would be built on the upper non conservation area and felt that Council's comments were directed towards a one story up there. He did not feel building on the lower pad was limited to one story. This item will appear on the City Council consent calendar for February 17,1993. 4.3 LANDS OF TURBOTT, 10455 Lone Oak Lane; A request for a Site Development Permit for a New Residence and Pool. Ms. Niles introduced this item stating that the proposal is for the construction of a new two story single family dwelling unit replacing an existing house on the subject lot. The new house will meet the requirements for maximum floor area being under by 1600sq. ,`, ft. The applicant is not removing all of the existing development area and as the Planning Commission Minutes APPROVED February 10, 1993 Page 8 Commission knows the house is about 900' from the road up the driveway to the house. Not all of that counts but there is a lot of area on the steep slopes that they have provided for parking and there is hardscape for the outdoor living area behind the house that is already existing. The applicant is reducing the existing development area by 1,600 sq. ft. but the project is still going to be over the MDA. She stated that two of the Commissioners had questioned the Town's policy allowing for a house being demolished and a new one constructed in its place, do we require that the house and the development area conform to the maximum development and floor area numbers as established by the Town. The Town's policy has been what you have is what you can keep, however, you may not increase. This is not something all communities allow. When a house is demolished a lot of other communities do require that they meet code. This may be something that the Planning Commission would like to discuss after the completion of the Housing Element of the General Plan. She felt that in projects like this where a project is over and is decreasing the overage it may not be as great a concern as keeping the major overage. This project will still be over the MDA by 1,459 sq. ft. Ms. Niles stated that the project meets the standards for grading, height limits, setbacks, and MFA. The MDA is being grandfathered in as being reduced. The Town's geologist has reviewed the project and has recommended approval of the project with conditions for grading and construction of the home. The City Engineer has also reviewed the project and a final grading and drainage plan will be required to be submitted and 1W approved prior to issuance of any building permits. Ms. Niles stated that the City Engineer has suggestions regarding drainage to the entrance of the driveway into the garage because of the steep slope and how the house sits on the knoll of the lot. Commissioner Schreiner stated that she had asked the question regarding the basement as she was really concerned that this is ramped down and there seems to be only one drainage facility. She would like Mr. Peterson to address that question on how the drainage will be handled from the basement and garage area. Mr. Peterson stated that in looking at the way the garage is designed and the entrance down into the garage, he sees that they will have to make some revisions to the entrance. Right now the applicant shows a 10% grade coming directly into the garage. This is not good either from entering the garage point of view or for drainage as the drainage will end up at the garage. He stated that what they should have is a little area outside of the garage draining away and then transition off. When they submit their grading and drainage plan he would be asking them to make that revision. Possibly this would be something that the Planning Commission could condition that they revise the driveway so that it is not as steep down into the garage and that it takes care of drainage. Commissioner Schreiner asked Mr. Peterson if he looked at how the ventilation was being handled from the mechanical room as it is right in the middle of the basement and AW she questioned how the air would get down in there. u Planning Commission Minutes APPROVED February 10, 1993 Page 9 Mr. Peterson stated that this would be something that the Uniform Building Code would handle and he has not looked at that specifically. It would be something that if it were not correct according to the UBC it would be caught at the building plan stage and they would be asked to revise it at that time. Commissioner Schreiner asked Ms. Niles if even though the applicant is reducing the MDA at this time, do they still have the remainder of the 13,900 available to them. She asked if that was correct. Ms. Niles stated that if they reduce this now and it was approved now, this would be their new maximum. Commissioner Comiso stated that she was one of the Commissioners who had the question regarding leaving this over the development area. Ms. Niles previously stated that this had been done in the past. Chairman Pahl also commented that they had done these previously and as long as you go down they can rebuild; you just cannot go up. Usually they do not have situations, as far as he could recall, with a tear down. OPENED PUBLIC HEARING Matt Kennedy, 2115 Kern Street, Fresno, the applicant's architect, stated that they have worked with Staff to try to develop a project that meets all of the criteria and anything �, else to facilitate this project to be approved in a smooth manner. He hoped that all the Commissioners had an opportunity to go to the site as he felt that one thing that was important about this site was that it was an existing site and the home was in the center of the site. They have the luxury of a home that has mature landscaping all around the property. Mr. Kennedy agreed with the conditions of approval. Terry McDaniel, 10417 Lone Oak Lane, discussed the linear drain by the garage, the distance between the grading and the actual bottom of the garage, the serious problem with drainage in that area, and she asked if the stairwell on the second floor was counted in the MFA. Ms. Niles stated that Joe Sordi rechecked the calculations and they are correct. Mr. Peterson discussed Mrs. McDaniel's concerns and stated that a site drainage plan would have to be approved by Staff. Mr. Kennedy further discussed Mrs. McDaniel's concerns and discussed grade and drainage as shown on the last page of the plan and stated that the basement and garage are 8' below and because of the site they plan to have a sump pump and a linear drain at the entry of the garage to take the water away from the house. CLOSED PUBLIC HEARING Planning Commission Minutes APPROVED February 10, 1993 Page 10 'A' Commissioner Sinunu agreed with the architect that the vegetation is mature and the house is well shielded and it does not appear to be a concern for views and looks appropriate for the size. He stated that if it is within the guidelines, even though it is above the development area, it is being reduced and seems appropriate. MOTION SECONDED AND PASSED: Motion by Commissioner Sinunu and seconded by Chairman Pahl to approved the Site Development Permit for a new residence and pool with all recommended conditions as stated in the Staff Report. Commissioner Cheng discussed previous new houses with similar situation concerning existing MDA and was in agreement with the application. Commissioner Sinunu stated that he liked the design, welcomed a different design and complimented the architect. Commissioner Schreiner felt that they had a few of these designs throughout the Town and wanted to make sure they fit the rural nature of the Town. She felt that this house would be visible to several of the neighbors and the neighbors expressed concerns to her that this is a very different type of house. She would like to ask that particular attention be made when this comes in for landscaping and she would like to make sure that nearby neighbors who might be affected by this house would have a chance to say something. AYES: Chairman Pahl, Commissioners Cheng & Simmu NOES: Commissioner Schreiner ABSENT: Commissioners Ettinger & Stutz ABSTAIN: Commissioner Comiso Commissioner Comiso stated that she would like this situation agendized as soon as possible. She could agree to leaving the MDA and MFA if this were a remodel, however, in her opinion this was a new house being constructed. Allowing this to happen when there is an overage on MDA or MFA on a brand new house is not right. The applicant and Staff acted in the right way and she felt that this type of situation gets through the cracks. Anyone else would need a variance to have an overage like this. She would like this agendized and she would not like another one to fall through the cracks. Ms. Niles asked for clarification regarding Commissioner Schreiner's comments regarding the landscaping and asked if this was to return to the Planning Commission for the landscape plan. REOPENED MOTION AND AMENDED MOTION: Amended motion agreed to by maker of the motion and second to add Condition #14 to have the landscape plan return qW Planning Commission Minutes February 10, 1993 Page 11 APPROVED to the Planning Commission for approval. All in favor of the amended motion; Commissioner Comiso abstained. 5. NEW BUSINESS 5.1 Discussion of the Site Development Committee decision on Lands of Chiu. It was decided to continue the discussion to the February 24, 1993 meeting to allow all members of the Commission to be present. 6. OLD BUSINESS 6.1 Discussion of the Housing Element of the General Plan will be continued after adjournment of the regular meeting. 7. APPROVAL OF THE MINUTES OF JANUARY 27,1993 MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Cheng to approve the Minutes of January 27,1993. AYES: Chairman Pahl, Commissioners Cheng, Schreiner & Sinunu r NOES: None ABSENT: Commissioners Ellinger & Stutz ABSTAIN: Commissioner Comiso 8. REPORT FROM THE CITY COUNCIL MEETING OF FEBRUARY 3, 1993 8.1 Planning Commission Representative Commissioner Schreiner stated that Commissioner Elfinger was the representative and in his absence she would make the report. Items discussed: Lands of Hifai, discussion on setting a public hearing for the Griffin House and the Ford Country Day School to be designated Town landmarks, Newsletter articles are being accepted, Solid Waste discussion will be continued. AW Planning Commission Minutes APPROVED February 10, 1993 Page 12 �Irr 9. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETING OF FEBRUARY 2,1993 9.1 LANDS OF CHID, 28530 Matadero Creek Lane; Clarification of previous Site Development Approval of Landscape Planting, Fence, Driveway Modification. This item will be discussed at the February 24, 1993 meeting under New Business. 10. ADJOURNMENT The meeting was adjourned by consensus at 8:45 p.m. in memory of Oscar Buneman to a committee meeting for the continued discussion of the Housing Element. Respectfully submitted, Lard Lonberger Planning Secretary r 'W