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HomeMy WebLinkAbout07/14/1993` �APPROVED r Minutes of a Regular Meeting Town of Los Altos Hills PLANNING COMMISSION July 14,1993, 7:30 P.M. mbers, 26379 Fremont Road cc: Cassettes 4F19-93 (4) 1. 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 Comiso, Commissioners Cheng, Schreiner, Stutz & Takamoto Absent: Commissioners Ellinger & Sinunu Staff: Jeff Peterson, City Engineer; Joe Sordi, Planning Consultant; Land Lonberger, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR 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. 10=; 3. CONSENT CALENDAR 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. REPORT FROM THE CITY COUNCIL MEETING OF JULY 7 1993 4.1 The Planning Commission representative was Commissioner Sinunu. In his absence, he provided the Commission with a hand out covering items discussed at the meeting which were as follows: request for extension of expiration date for a permit tennis court, Lands of Fong; award of contract for Stonebrook Drive Retaining Wall and Pathway Project; approval of policy statements regarding circular driveways; Planning Commission Minutes APPROVED July 14,1993 Page 2 Hansen/Wayman Lot Line Adjustment; clarification of interpretation of natural grade; Housing Element. Commissioner Schreiner, with regard to the Hansen/Wayman Lot Line Adjustment, stated the Council decided that the LUF would have to be 1.01 which would possibly necessitate another survey. The choice was either to move the LUF up to 1.05 without doing a survey or do a supplemental topographic survey to insure the LUF would be 1.01. Before the Tentative Map is approved, a ground survey will be completed and if the LUF is not at least 1.01 the lot line would have to be adjusted. Aerial surveys should always be supplemented with a ground survey which is more accurate. The policy statement regarding circular driveways was discussed and they will be referred to as double access; two curb cuts on a street, and only be allowed in cases of safety issues. The Planning Commission representative for the City Council meeting for July 21, 1993 will be Commissioner Schreiner. dM119M!RC41:101_\t71Q1I 5.1 LANDS OF MACDONALD, 11800 Francemont Road; A request for a Site Development Permit for a New Residence, Cabana and Pool (continued from June 23, 1993). Mr. Sordi noted the Fire District had sent a letter dated July 8, 1993 stating residential fire sprinklers shall be installed in the proposed building and this was not added to the Conditions of Approval. Commissioner Schreiner discussed the conditions of approval mentioned in the Gaither subdivision and William Cotton's report which was part of the previous Staff Report. The Cotton report stated that the boundary of the 100 -year flood extends over much of the proposed building site. The limits of the 100 -year flood should be evaluated in detail and recommendations made. She asked Staff if this had been completed. Mr. Peterson discussed the Town's Flood Damage Prevention section, Chapter 5 in the Municipal Code. To his knowledge, this was the first application he had seen where a basement was being proposed in a flood plain area. Within the code, there is a discussion regarding the lowest floor and that the lowest floor needs to be above the base floor elevation (100 -year flood). For residential structures, the basement is included as the lowest floor. For non-residential construction, it appears this could be in the flood plain. Regarding this application, it appears that the floor of the basement needs to be above the flood plain elevation. This situation was just discovered by the Engineering Consultant in a review. Mr. Peterson's interpretation of the code was that the MacDonald basement was not legal. The applicant's representative was advised of this prior to the meeting. OPENED PUBLIC HEARING Planning Commission Minutes APPROVED July 14, 1993 Page 3 Curtis Folsom, 2444 Denevi Drive, San Jose, applicant's representative, discussed the 13' right-of-way, eliminating the circular driveway, berming and screening the house from the pathway, re -configuring the house for the driveway, and the existing vegetation and maintaining privacy. Bulk and mass were previously discussed as well as the proposed landscaping and the long term landscaping which will screen the house even more. Commissioner Schreiner suggested 24" eaves for shadowing, however Mr. Folsom felt this would compromise the design. The house will be an old English style, using natural materials. Mr. Folsom felt he and the applicant have done everything requested by the Town, however, this new issue regarding the basement was difficult to address as the applicant really wanted the extra space. Mr. Folsom asked if the basement was eliminated, could the project be approved. Commissioner Schreiner discussed orienting the house in such a way to have the house farther from the pathway, however, Mr. Curtis felt this would interfere with the primary viewing areas. At the previous Planning Commission meeting, the applicant was asked to place the future structures on the plan, which were the tennis court and the secondary dwelling. It was felt the tennis court would be severely impacted by the path as planned. Mr. Folsom was asked if he was aware of all the studies that were required on the Gaither subdivision and the property in front of them as far as the flood plain was concerned. Mr. Forsom was aware of the flood plain, however, he was not aware of the fact that a basement could not be built there. The Commission discussed if the basement was illegal, whether the application could be heard, as it is very hard to accept or deny an application when they do not have the application in front of them. Chairman Comiso suggested closing the public hearing for the moment for discussion and to re -open at the Commission's request. CLOSED PUBLIC HEARING Mr. Peterson stated the code was fairly expressed in that basements within a residential construction would not be allowed within the flood plain. He stated Mr. Folsom had previously suggested talking with his client to see if the basement could be eliminated and proceed with the application or if the application could be continued until July 28th. Mr. Peterson felt that the main issues with a house in a flood plain were that the finished floor was above the water, that it was flood proofed and that it was strong enough to withstand any flood waters. This would be more of a building design issue within the building plan check as opposed to the conceptual design the Planning Commission would need to hear. He further discussed the anticipated 100 -year flood elevation in this area and the finished floor elevations. Planning Commission Minutes APPROVED July 14,1993 Page 4 The Commission discussed the applicant going through the Staff process and appearing before the Planning Commission twice. The Commission felt they needed to decide if they wanted to continue with this application. Steve MacDonald, 257 Alba Court, Los Altos, applicant, discussed the project being built on two lots and that a basement has always been in his plan. He had eliminated two garages and an upstairs bedroom, to put an exercise room , etc. in the basement. Not until 20 minutes ago did he discover 2 years of planning was potentially wasted. Commissioner Comiso apologized, however, the Town ordinances state this basement is against the law. The Commission cannot give an approval with the basement. A variance was discussed and the noticing process involved. At this point, there were 3 options: (1) remove the basement from the application, (2) continue for re -design, (3) deny the project and appear before the City Council. There is a $750 fee for appealing the decision, however, the Commission could recommend fees be waived. Five minute break at 8:15 for the applicant and his representative to discuss this application. The meeting resumed with the Lands of Ahrens at 8:30 p.m. 5.2 LANDS OF AHRENS, 13711 Old Altos Road; A request for a Site Development Permit for a New Residence, Guest House and Garage. Mr. Sordi introduced this item stating on page 3, paragraph 5 of the Staff Report, the Los Altos Fire District's requirements were not included in the conditions of approval. They should be added as Condition 19. Commission Stutz questioned why the main dwelling was not included in this recommendation for fire sprinklers. Mr. Peterson suggested re -writing the condition to read, "The applicant shall install fire sprinklers in the structures as requested by the Fire District". The Staff can verify the recommendations with the Fire District. OPENED PUBLIC HEARING Abbey Ahrens, 34 View Street, Los Altos, owner of the property for 9 years, discussed the history of the property. They have made every attempt to preserve the area. The main house and guest house are proposed as one story. There are numerous easements and only approximately 20% of the property is being used. Ms. Ahrens asked for clarification regarding the pathway. It was suggested contacting the Staff for assistance. It was her desire to return the property much as it had been, in an estate like way. Typically, the Town asks for a 25' easement, however, the Town is requesting almost double the normal easement. At points, the easement is actually 50' of the property. kW This is condition 13. She also discussed condition 15 regarding pier and grade beam Planning Commission Minutes APPROVED July 14, 1993 Page 5 foundation for the garage which was not a requirement of the engineering consultant nor the Water District. Commissioner Schreiner discussed the 5' path that is next to the bike lane which is in the road right-of-way and asked if there was any way to wind the path on Old Altos Road. Due to the vegetation and numerous trees, a meandering path was discussed. Commissioner Takamoto felt paragraph 1 on page 3 was a confusing statement. Mr. Peterson stated the intent was that when a path is constructed, it is to be kept clear of construction materials. The path does not have to be built prior to construction of the residence. Von Haws, 2067 Colusa Way, applicant's representative, discussed the flood plain, the Water District's requirements, floor elevations and the garage on grade. Terry Gilliland, 13691 Old Altos Road, neighbor, had concerns regarding; special lot with special considerations, historical lot, the green oaks to be preserved, drainage concerns, the three structures on this site which he felt spoil the open area. Also of concern was the long driveway running past the main house and the potential traffic which will run adjacent to his bedrooms. He disagreed with the comments in the letter from the Santa Clara Valley Water District. CLOSED PUBLIC HEARING Commissioner Stutz recommended the deletion of condition 15 with regard to the garage being built up on stilts. Commissioner Schreiner was reluctant to delete due to page 3, paragraph 2 with reference to all standards set forth in the Town's Municipal Code Section 7-5 be required, etc.. Mr. Peterson read the definition of the lowest floor. His interpretation of the code was that the building should be built to withstand water and withstand the damage of water; to water proof the walls. His interpretation was if you flood proofed the garage up above the elevation of the 100 -year storm by concrete or some type of material that will not be damaged by flood waters, that then would be exempt. The Commission further discussed water flow through the garage. Mr. Peterson recommended deleting the first sentence of condition 15 only. The conservation easement was discussed relating to the requirement of 50' over the existing storm drain easement. Mr. Peterson stated the Water District requested the Town ask for an easement for them that was the same size as the Town's storm drain easement to take in the 100 -year flood. As far as providing a conservation easement, it is more flexible and could be set at whatever width the Town felt appropriate. A normal easement is 25'. He further stated the drainage easement does not impose any restrictions, however, in the state of some type of emergency, the Water District would have the legal right to do maintenance. The drainage easement should cover the entire 4 area of indentation. The conservation easement is something the Town imposes for Planning Commission Minutes APPROVED July 14, 1993 Page 6 preservation of drainage areas, wildlife, vegetation, and so forth. Commissioner Stutz did not know why they were asking for such a large conservation easement at all with such a big storm drainage easement which will be kept open except for the possibility of the area up where all the oak trees are by the guest cottage. Commissioner Schreiner pointed out there was 6,000 sq. ft. of development area left that could be used for all sorts of walkways in the storm drain easement. She would like the conservation easement to remain with some relaxation. MOTION SECONDED AND PASSED: Motion by Commissioner Stutz and seconded by Commissioner Cheng to change Condition 13 to read, "A conservation easement is required to be dedicated as red lined on the plan. The documents shall be provided prior to issuance of a building permit." This would limit the conservation easement to the northern part of the property to encompass the oak trees as redlined and to eliminate the conservation easement on the balance of the map. AYES: Commissioners Cheng, Takamoto, Stutz & Comiso NOES: Commissioner Schreiner ABSENT: Commissioners Ellinger & Sinunu MOTION SECONDED AND PASSED: Motion by Commissioner Stutz and seconded L by Commissioner Takamoto to accept the conditions, with changes to Condition 13 as �I►' noted above, delete the first sentence in condition 15, adding condition 19 to read "The applicant shall install fire sprinklers in the structures as required by the fire district" and adding condition 20 to read "An arborist report shall be required for the care and maintenance of oak trees, 36" and 40" in size, located close to the structures". AYES: Commissioners Cheng, Schreiner, Stutz, Takamoto & Comiso NOES: None ABSENT: Commissioners Ellinger & Sinunu This item will appear on the City Council consent calendar for July 21, 1993. Staff will contact Mr. Gilliland regarding his drainage concerns. 5.1 LANDS OF MACDONALD, 11800 Francemont Road: A request for a Site Development Permit for a New Residence, Cabana and Pool (continued from June 23, 1993), continued. RE -OPENED PUBLIC HEARING Curtis Folsom, 2444 Denevi Drive, San Jose, applicant's representative, discussed the lost basement and their original plan which included an additional two car garage with Planning Commission Minutes APPROVED July 14, 1993 Page 7 space above it which was approximately an additional 750 sq. ft. The MDA and MFA requirements would still be met. The Commission discussed being asked to approve a plan which was not in front of them, the noticing process, the variance process, continuing the application, permit modification process and the usual process of eliminating from a plan, however, not adding or changing a plan. Further discussion ensued regarding the garage size which would be 769 sq. ft. maximum and less than 17' in height located at the end of the parking area. As the plan was submitted, with the basement included, it would have to be denied. The applicant proposed putting 769 sq. ft. into another garage structure, leaving 1,000 sq. ft. for a guest house development. The residence, cabana and pool would be left as shown on the plan. CLOSED PUBLIC HEARING MOTION SECONDED AND PASSED: Motion by Commissioner Stutz and seconded by Commissioner Cheng to accept the Site Development Permit for the new residence, cabana and pool with Condition 17 added stating the entire basement must be removed from the main building; an addition may be added on to the northwest corner of the house, not to exceed 769 sq. ft. as red lined on Staffs plan; add Condition 18 "residential fire sprinklers shall be installed in the proposed buildings" as stated in the Los Altos Fire Department's letter dated July 8, 1993. Commissioner Takamoto discussed the project, viewing the site and listening to the tape from the previous Planning Commission meeting at which time there was a consensus that the project be continued for re -design. He felt that, although there had been some changes, the house itself was not changed. The Commission discussed the redesign concerns, and Commissioner Schreiner did not feel her concerns had been addressed in respect to the bulk of the house, the length of the house, the proximity of the path to the house and the proposed future tennis court. Further discussion ensued. AYES: Commissioners Cheng, Stutz & Comiso NOES: Commissioners Schreiner & Takamoto ABSENT: Commissioners Ellinger & Sinunu This item will appear on the City Council consent calendar for July 21,1993. 5.3 LANDS OF NAUMANN, 27301 Black Mountain Road; A request for a Site Development Permit for a Major Addition, Deck and Driveway Modification. Staff requested a continuance to the July 28, 1993 meeting in order to allow the applicant to provide verification of access rights from Ursula Lane. Planning Commission Minutes July 14, 1993 Page 8 APPROVED 5.4 LANDS OF PURI, 12775 Viscaino Road; A request for a Site Development Permit and Variance for Entry Pillars and Gates. Commissioner Schreiner asked Staff if the pillars were part of the original application and were they approved at that time as they seem to be already constructed. It was Staff's opinion, after extensive investigation, that the pillars were not part of the original application. OPENED PUBLIC HEARING Lisa Webster Puri, 12775 Viscaino Road, applicant, submitted the names of three of their neighbors who support the application. She discussed the history of the property purchased by the Puri s in 1989. Mrs. Puri provided the Commission with a packet regarding the history for their information. They have spent much effort and energy over the last 3 1/2 years since acquiring the property, in restoring it with all of its original architectural details, and rescuing those parts of the property which were seemingly beyond repair. It was their hope to add to the property a replica of the entry gates that were on the original property before subdivision. It was always the Puri s understanding after meeting in 1989 with the previous City Engineer, Bill Ekern, and Peter Shaw, architect, that the pillars and entry gate were part of their original application. In response to Commissioner Schreiner's question regarding whether they had considered setting the entry gates back further on the property, Mrs. Puri stated that originally there was a wooden fence closer to the street than where the gates are now. The site is so steep that if you set it back 40 feet, it would be 10' taller than it is now because of the slope of the land. Peter Shaw, 160 Forest Avenue, Palo Alto, Landscape Architect, discussed the reasons for the placement and height of the pillars, and preservation of the oval drive. The conversations he had with Bill Ekern in 1989 were from the point of historical preservation. Rosemary Meyerott, 27100 Elena Road, Town Historian, discussed the history of the property and stated she was in support of the application and the variance. Jim Abraham, 12831 Viscaino Road, complimented the Puri's on their hard work in restoring the property and discussed his concern with the gates and safety as he felt they were too close to the road and that the gates open outward with vehicles waiting on the road. He discussed the MDA being exceeded, items he felt encroached in the setback, the new tennis court which was against the property line. He urged rejection. Lisa Webster Puri, applicant, stated there was no square footage added nor have setbacks been encroached as previously suggested, and she always works within the Town guidelines. Planning Commission Minutes APPROVED July 14, 1993 Page 9 CLOSED PUBLIC HEARING Mr. Peterson addressed the safety issue regarding the gates, discussed the distance between the gates and edge of pavement which appears to be more than 20' and that he would not be concerned with a vehicle hanging out over pavement waiting for the gates to open. Commissioner Takamoto, in discussing the entry gate and pillars, noted he had reviewed the area and did not find any hazards or difficulty negotiating in or out of the area and felt that, when driving down the street, the gates do not come into view until you are fairly close to them. The project needs this type of element in front to announce what is behind it. It is a grand plan and he felt there would be something missing without this type of entry. With the proper landscaping on the frontage, and with Peter Shaw's expertise, he was confident this would be a very good project. The Commission discussed the color of the pillars and gate coming as close as possible to the original color and the findings for the variance. Commissioner Comiso discussed the variance evaluation and findings, 1 through 4: 1. Because of its historical significance, the subject property presents a unique and extraordinary circumstance found neither in Los Altos Hills nor Santa Clara kw County. According to the requirements for historical landmark designation, the subject house and property meet five of the six designation criteria for a historical landmark. Historical properties are a limited resource and should be encouraged to be preserved and/or restored as close as possible to their original state. Therefore, the strict application of the ordinance is found to deprive the property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. 2. Municipal Code allows historical recognition of properties or sites if certain criteria can be met. Therefore, upon granting of this variance, the intent and purpose of the Zoning Code and other town ordinances will still be served and the recipient of the variance will not be granted special privileges not enjoyed by other surrounding property owners. 3. After careful consideration of safety issues, the Planning Commission has found that granting of the subject variance will not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the same zoning district. 4. The Town of Los Altos Hills allows the construction of entry pillars, entry gate, and the restoration of historical properties. The subject variance will, therefore, Ln Planning Commission Minutes APPROVED July 14,1993 Page 10 not allow a use or activity which is not otherwise expressly authorized by the zoning district regulations. A landscape plan was discussed and it was decided not to make a landscape plan a condition of approval. MOTION SECONDED AND PASSED: Motion by Commissioner Stutz and seconded by Commissioner Takamoto to approve the Site Development Permit and Variance. AYES: Commissioners Schreiner, Stutz, Takamoto, Cheng & Comiso NOES: none ABSENT: Commissioners Ellinger & Sinunu This item will appear on the City Council consent calendar for July 21, 1993. 6. NEW BUSINESS 6.1 Selection of Chair and Vice -Chair for 1993-94. MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner, seconded by Commissioner Cheng, and passed unanimously to elect Commissioner Comiso for `. Planning Commission Chairman and Commissioner Ettinger for Planning Commission �W Vice Chairman. 6.2 Report from the Design Guidelines Sub -Committee. This item was introduced by Commissioner Schreiner. She discussed the Design Guidelines Handbook which had been mailed to all Commissioners. She requested comments from the Commissioners to be incorporated into the handbook. Further discussion ensued regarding goals, site analysis process and format of the handbook. A work session was suggested to be scheduled in the future for further discussion relating to the Design Guidelines Handbook. OLD BUSINESS 7.1 Scenic Highways Element and Path & Trail Element will be continued. 7.2 Circulation Element, continued from the June 9, 1993 Planning Commission Meeting will be continued. 7.3 Recreation Element, continued from the May 26, 1993 Planning Commission Meeting will be continued. Planning Commission Minutes July 14, 1993 Page 11 APPROVED 7.4 Land Use Element, continued from the May 26, 1993 Planning Commission Meeting will be continued. 7.5 Conservation Element scheduled for 7/14/93 will be continued to a later date. 8. APPROVAL OF THE MINUTES 8.1 Approval of the Minutes of June 9,1993, continued. 8.2 Approval of the Minutes of June 23, 1993, continued. 9. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETINGS OF JULY 6 AND 13.1993 9.1 LANDS OF WISE, 24301 Elise Court; A request for a Site Development Permit for a grading plan. Approved with conditions. 9.2 LANDS OF OPDENDYK, 23100 Encinal Court; A request for a Site Development Permit for a Planting Plan. Approved with conditions. 10. ADTOURNMENT The meeting was adjourned by consensus at 11:40 p.m. Respectfully submitted, Lard Lonberger Planning Secretary