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HomeMy WebLinkAbout07/28/1993Minutes of a Regular Meeting APPROVED Town of Los Altos Hills PLANNING COMMISSION Wednesday, July 28,1993, 7:30 P.M. Council Chambers, 26379 Fremont Road cc: Cassettes #14-93 (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 & Sinunu Absent: Commissioners Ellinger & Takamoto Staff: Linda Niles, Town Planner; Jeff Peterson, City Engineer; Lani 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. None 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 21. 1993 4.1 The Planning Commission representative was Commissioner Schreiner. Items discussed: Lands of Ahrens and Puri were pulled from the consent calendar; under new business, David Packard's proposal for consideration of zoning code amendment to add a non profit office use to allow uses in the residential zone; contracted with the City of Palo Alto for animal control services; consideration of public sewer easement on Planning Commission Minutes APPROVED July 28, 1993 Page 2 4 City of Palo Alto for animal control services; consideration of public sewer easement on 13040 Alta Lane North; report on code amendment/interpretation regarding basements (discussion regarding a tentative proposal for a 66" limit on any floor and anything over would be counted as floor area); David Takamoto appointed by Council as the new Housing and Community Development Program representative. Chairman Comiso will be the Planning Commission representative for the September 1, 1993 City Council meeting. 5. PUBLIC HEARINGS 5.1 LANDS OF NAUMANN, 27301 Black Mountain Road; A request for a Site Development Permit for a Major Addition, Deck and Driveway Modification (continued from July 14,1993). Ms. Niles introduced this item requesting the location of the pathway be discussed. The Pathway Committee requested the native path be improved to a Type IIB path. There is a path on the opposite side of Black Mountain Road. The property owner would only be able to improve the path if it were adjacent to or on his property or within the right- of-way adjacent to his property. It was suggested that the Pathway Committee research the location of the path further and clarify the appropriate location. 4 OPENED PUBLIC HEARING Michael Bolton, 712 Hawthorne Street, Monterey, applicant's representative, discussed the design and being sensitive to oak trees, the low profile, and the beautiful view. They have read the Staff Report and agreed with the conditions of approval. Commissioner Schreiner clarified condition 5 requiring photographs of the existing conditions of the roadways and pathways. The photographs should be of pathways across the road also which might be affected by construction equipment. Larry Bridgeman, 1585 Fiesta, Los Altos, applicant's representative, discussed the path and the location on Ursula Lane. The location of the path would need to be investigated and if the path is on the Naumanns' property, they would certainly cooperate with Staff and the Pathway Committee. CLOSED PUBLIC HEARING Commissioner Schreiner was concerned with the oak trees and recommended a condition requiring an arborist care and maintenance of the oaks during construction, specifically the oak trees in the front of the property. This would be condition 13. She also recommended condition 8 be changed to include a dedication of a 10' easement and `, a Type IIB path Planning Commission Minutes July 28, 1993 Page 3 APPROVED MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Stutz to approve the application with the amended conditions; Condition 13 requiring an arborist care and maintenance of the oaks during construction, specifically the oak trees in the front of the property; Condition 8 to include a dedication of a 10' easement and a Type IIB path on Ursula Lane. AYES: Chairman Comiso, Commissioners Sinunu, Stutz, Cheng & Schreiner NOES: None ABSENT: Commissioners Ellinger & Takamoto There is a 10 day appeal period and the City Council will be advised of the vote. 5.2 LANDS OF LIU, 26471 Weston Drive A request for a Site Development Permit for an Addition. Ms. Niles had no additional comments to add to the staff report. Photographs of the property were provided by the applicant for the Commission's review. OPENED PUBLIC HEARING Don Fritsch, 233 Elk Creek Road, San Jose, the applicant's representative. They have read and agreed with the conditions of approval. CLOSED PUBLIC HEARING MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Sinunu to approve the application as conditioned. AYES: Chairman Comiso, Commissioners Cheng, Schreiner, Sinunu & Stutz NOES: None ABSENT: Commissioners Ellinger & Takamoto There is a 10 day appeal period and the City Council will be advised of the vote. 5.3 LANDS OF BELL, 26653 Birch Hill Way; A request for a Site Development Permit for an Addition and Garage Replacement. This item was canceled at the request of the application. 5.4 LANDS OF MONTGOMERY, 27855 Black Mountain Road; A request for a Site Development Permit for an attached Secondary Unit. Planning Commission Minutes July 28, 1993 Page 4 APPROVED Ms. Niles stated that there was nothing further to add to the staff report. Commissioner Stutz discussed the maximum 1,000 sq. ft. for a secondary unit whether it is attached or detached. Commissioner Schreiner requested the drainage concerns be discussed. She disclosed discussing this with the Montgomerys' on her site visit and stated this application was not putting any impervious surface down other than the extra parking space and asked how this affects the drainage. Mr. Peterson stated he reviews the site on all applications coming before the Town to see if there are any existing drainage problems. When the plans come in for the building review, at that time Staff will have all the detailed drainage requirements and plans and will see if there are any revisions that would need to be made in the field. The Engineering Tech has visited the site and has made some preliminary recommendations, however, until he sees the final drainage plan they will not be able to make a determination. Commissioner Schreiner asked Ms. Niles why they were requesting an additional parking space. Ms. Niles stated that normally when a bedroom is added, they require that the required parking be improved outside the setbacks. In review of the project, the Town did approve the extra panhandle in the setback and can handle at least two cars in that area and at least three cars can be handled in the garage. This provides the 5 spaces needed. Staff does not have a problem removing the request for an additional space if the Planning Commission felt it was appropriate to allow parking on the existing non -conforming extension that the Town has already approved. Commissioner Sinunu discussed Condition 2 of the Staff Report and asked if the final grading and drainage plan was to consider the current drainage situation or was it just to look at the changes that might be made in the drainage situation due to the change in the property. Mr. Peterson stated it was actually for both. Definitely, what would need to be considered would there be any changes as part of the proposal. If there are any drainage problems that are recognized in the field at the time, this would be the time to take care of them. However, until the new plans are submitted it would be difficult to make a recommendation on exactly what needs to be done. Condition 2 does consider the current drainage situation as well as any changes that might be made. Chairman Comiso discussed the City Engineer's responsibility regarding drainage and her concerns with the secondary unit not proposing cooking facilities. She asked if this project fit into the category of a secondary dwelling. Ms. Niles read the description of a secondary dwelling from the Municipal Code. OPENED PUBLIC HEARING L Planning Commission Minutes APPROVED July 28, 1993 Page 5 Boris Petrovchich, 27835 Black Mountain Road, discussed the project, expressing three concerns: lighting, acoustics relating the elevator and drainage. He further discussed the history of the Montgomerys' previous project including the lighting shining into his mother's bedroom and the culvert or pipe being either plugged or of insufficient capacity or both. The flow of the culvert has been reduced 50% in his opinion. He further discussed flooding on his property which was not reported to the Montgomerys or Town Hall. Commissioner Schreiner noted Condition 2 stating that even if the Planning Commission approved this project, the drainage plan would have to be submitted and approved by the Town before any building permit would be issued. She felt Mr. Petrovchich's concerns would be addressed. Mr. Peterson discussed Black Mountain Road being a private street. In a situation where there is a public street, the drainage is the responsibility of the Town. In this situation where there is a private street, the maintenance responsibility belongs to all the residents on that street. He noted there were some legal issues involved here which the Town may not want to be involved in since this is a private street and one property owner may not be responsible for solving the drainage situation on the street for the entire neighborhood. This would be one of the items Mr. Peterson would be looking into with the City Attorney. The Town would have to be very careful imposing 4 drainage improvements for the entire street on one property owner. Chairman Comiso suggested leaving the drainage concerns with the City Engineer and the City Attorney. Until they are satisfied with the drainage, permits will not be issued. Mr. Peterson again addressed Mr. Petrovchich's concerns regarding the drainage and the lighting mentioned in his letter. Fred Montgomery, 27855 Black Mountain Road, applicant, provided the Planning Commission with a handout of the drainage history obtained in the Town Hall records and stated he had always complied with what the Town requested regarding drainage and in 1987-1988, at the request of the Town, put in a Christy box. The construction of the project proposed has nothing to do with drainage. He discussed the lighting mentioned by Mr. Petrovchich stating he would be happy to show the staff the lighting. He submitted to the Planning Commission support letters from his neighbors, Mr. and Mrs. Marion, Carl Borg, Mrs. Roger Burnell, Mr. and Mrs. Simko. At the request of Commissioner Sinunu, Mr. Montgomery discussed previous drainage changes requested by Bill Ekern. Mrs. Montgomery, 27855 Black Mountain Road, applicant, discussed drainage and their efforts cleaning out the christy box continually. She stated the culvert has always been there which is an old pipe and felt there was no way water could flow onto the `, Petrovchich property. Their project is for a secondary dwelling unit creating a new Planning Commission Minutes APPROVED July 28, 1993 ( Page 6 second story over the existing garage which would not interfere with the ground or drainage. All these issues were addressed previously. Rich Christopher, 27859 Black Mountain Road, has not experienced any water flow down on their property. They are neighbors below the Montgomerys property. CLOSED PUBLIC HEARING Commissioner Sinunu felt Condition 2 would consider previous and future drainage concerns. Mr. Peterson again discussed the standard procedure for the site development applications. At this stage the staff completes a conceptual review of the site and the drainage improvements. He felt there was not a way to resolve the drainage concerns tonight without the final plans. The Commission felt the comments regarding drainage should not hold up their decision on this application and the issue of drainage could be resolved by a thorough look at the present drainage condition which appears to be part of Condition 2. The Commission asked Mr. Peterson if he felt adding a second story above the garage would contribute anything more to the run off water and he replied no. Commissioner 4W Stutz felt the drainage concerns should be referred to the residents of Black Mountain since it is a private street. Mr. Peterson will consult with the City Attorney to see if the Town has any responsibility in conditioning or adding any requirements to the project. Commissioner Stutz questioned page 3, paragraph 3 of the Staff Report regarding the removal of the roof eaves on the addition in order to keep all improvements outside the 30' foot setback area. She objected to this as it usually ruins the look of the house. The building is at the setback and the overhang would be in the setback. Commissioners Cheng and Sinunu thought it would be better to keep the eaves. Chairman Comiso agreed. Ms. Niles stated the applicant was proposing not to put eaves on the addition. The addition is an extension of what is there already. They are adding about 7' to the existing garage all the way to edge of the 30' easement. If they were to move it back they could meet the setback requirements without removing the eaves. If you allow eaves to encroach into the setback, a variance would be required. If the house and/or the eaves were already encroaching into the 30' setback, then they would have an allowance that the addition could also have the eaves encroach. The elevator width standards are pushing the building out 7". Further discussion ensued regarding the findings required for a variance. The Commission discussed the east elevation plan and approving an addition versus a Planning Commission Minutes APPROVED July 28, 1993 Page 7 4 secondary dwelling. Ms. Niles stated the project will be used as living quarters and there will be cooking facilities installed eventually. Commissioner Schreiner requested deletion of the additional parking space. She felt the space was in a very awkward location and the asphalt pad was sufficient to serve the main house and the secondary dwelling. She further discussed the lighting and requested a condition stating all the lights on the second floor would be particularly sensitive to the neighbors, to be of low wattage and to be shielded. She asked Mr. Montgomery if he would consider replacing the two flood lights he has on the path with perimeter path lights. Mr. Montgomery agreed with the request. Commissioner Schreiner noted the area that drains down from Black Mountain is devoid of any landscaping. She suggested landscaping and a little more of a buffer on site. The trees may have to be closer to the Montgomerys than the neighbors and would have to take into consideration the drains. She recommended a condition requiring a landscape plan be returned to the Planning Commission for approval. Condition 4 will be changed to reflect the request. Discussion ensued regarding acoustics for the elevator, provisions for lowering the noise and the Town noise ordinance and noise standards. MOTION SECONDED AND APPROVED: Motion by Commissioner Schreiner and seconded by Commissioner Sinunu to approve the application as proposed with the amended conditions which include deleting the additional parking space; all lights on the second floor be particularly sensitive to the neighbors, to be of low wattage and to be shielded; replacing the two flood lights on the path with perimeter path lights; landscaping plan to be returned to the Planning Commission for approval. AYES: Chairman Comiso, Commissioners Cheng, Schreiner, Sinunu & Stutz NOES: None ABSENT: Commissioners Ellinger & Takamoto There is a 10 day appeal period and the City Council will be advised of the vote. Brief break at 9:00 p.m. 5.5 LANDS OF ADDISON, 13470 Carillo Lane; A request for a Site Development Permit for an Addition, Remodel and Driveway Modification. Ms. Niles stated there was no addition information to add to the Staff Report. Dr. Alvin Janklow, 13464 Carillo Lane, adjacent neighbor. Items discussed were as follows: the house being dominate, being visible from the road and adjacent properties; objection to the style of the house and the 13 pillars; using the color white for trim and pillars; the second story would overlook their swimming pool and patio; the second Planning Commission Minutes APPROVED July 28,1993 Page 8 4 story addition being above the existing vegetation; septic system being 32 years old and suggested connecting to sewer. He further discussed the slope density calculations being based on the present topo and existing pad of the existing house. He had a copy of the topo that existed prior to first construction of the first house which he picked up from Town Staff. The topo showed that the cul-de-sac was probably scalped on top giving the applicant a little more square footage, MDA and MFA. The Staff did not have access to the topo that existed prior to the first scalping of the top of the hill and therefore granted them more MDA. The slope density was eased by the fact that it was based on the new topo. Ms. Niles stated the house was constructed 20-30 years ago and the hill was removed around that time. They did not have any standards for the formula that they used for MDA and MFA. The new property owner and their representative did not go back to look for the old topo, 20-30 years old and supplied the Staff with a new survey which Staff is asking for when there is an existing house. Regarding natural grade, Ms. Niles stated the Council had indicated if an applicant presents an old natural topo which is reasonably accurate, that the Staff could use it if they felt it had adequate information on it to properly review the project. Dr. Janklow read from the Los Altos Hills Municipal Code, Section 10, Article 7, t 10-2.701, 10-2.702 and 10-2.703 (a) and (b), and 10-2.801. He discussed the new parking spot being awkwardly placed and highly visible. He asked if they could choose a better location. He submitted a report from a Licensed Contractor regarding the drainage. He further discussed previous drainage conditions. Mr. Janklow submitted a letter from the Borgs, 13452 Carillo Lane, regarding their objection with the proposed development. Dr. Janklow's personal objections to the project were privacy and the design being offensive to what was already in the neighborhood. Commissioner Schreiner stated the site was an extremely visible bluff, visible from Saddle Mountain, from Arastradero, from the whole area. She felt this house would be very prominent. Ray Finn, 13428 Carillo Lane, neighbor, felt the architecture was not in keeping with the neighborhood California style homes. Sue Schmidt, 13367 La Cresta, neighbor, opposite and above the project house. She did not feel the house fit in the neighborhood and she was opposed to the columns and the style. Phylis Janklow, 13464 Carillo Lane, neighbor, discussed landscaping and their views being blocked. L Richard Chang 13436 Carillo Lane, agreed with all the comments from other neighbors. `, He did not voice a complaint sooner because he thought the project was for interior Planning Commission Minutes APPROVED July 28, 1993 f Page 9 remodeling only. He discussed his views and he would like to preserve the rural feeling of Los Altos Hills. Dr. Janklow mentioned they have a solar cover over their pool which serves to heat it and the morning sun would be blocked by the proposed addition. He thought it was a State regulation prohibiting anyone from blocking your access (pre-existing) to the solar energy. Shawn Addison, 1660 Oak Avenue, Menlo Park, applicant, responded to the neighbors concerns. The architect will answer questions regarding the style of the home. They are not changing the footprint of the existing building. It is two story now, only adding 400-500 sq. ft. He did not feel they would see the Janklows house from the new addition. He is willing to add to existing vegetation to provide more screening. He stated there was an error in the Staff Report in that it is not a three bedroom house but a four bedroom and adding one additional bathroom. With regard to the MDA and MFA, they are limited to 4,000 sq. ft. no matter how it is calculated. They are drastically reducing the MDA by removing the circular driveway and some of the patio across the back. He did not feel they were changing the silhouette of the ridge line. With regard to landscaping, they have submitted a landscape plan and any changes to it would be welcome. He felt they would be adding to the value of the existing structure by improving the exterior primarily through landscaping. Mr. Addison agreed with concerns with the location of the added parking space and it was placed there to comply with code. When asked, Mr. Addison stated this was a spec home. Ms. Niles commented on Mr. Addison's statement regarding the reason that he was removing the circular driveway was to bring it down to code. If the project is already existing over code, the Town would not require them to remove the driveway; you can leave an existing overage, you just cannot increase it. Hearing the concerns from the neighbors and hearing the concerns of Mr. Addison regarding the design and location for the parking space, she did not know why Mr. Addison could not reconsider his circular driveway or a portion of it. They cannot exceed 7,743 sq. ft. of development area. Larick Hill, P. O. Box 60758, Palo Alto, architect, stated in order to add the 500 sq. ft. they had to reduce the driveway. Mr. Addison further discussed drainage and grading and felt there was minimal grading. Regarding drainage, he would be happy to install any sort of culvert or whatever it would take to make the Janklows happy as well as the neighbors below. He will also install extra planting for screening. Commissioner Schreiner asked what color the house would be. Mr. Hill replied they will be using shingle siding to try to get natural materials that could be bleached or Planning Commission Minutes APPROVED July 28, 1993 Page 10 stained. The color would be a silver gray with white trim. He felt the natural materials would be a back drop to the landscape. Chairman Comiso discussed the maximum height of the new addition being 24' above the existing grade and the existing structure being 26' above the existing grade. Mr. Hill stated one side of the house was two story and is stepped down and the one story element which is the living room space has a high vaulted ceiling which comes over the lower two story space. When you measure from the lower to the upper part, it is 26'. Chairman Comiso commented from existing grade, the house is 26'. The addition at its heights would be 24' from the same existing grade. Mrs. Janklow commented on her disturbance with the 13 columns and could not find any reason to put a column of any sort on a house in Los Altos Hills. Having this so close by was very disturbing. CLOSED PUBLIC HEARING Ms. Niles stated one of the major issues raised by the neighbors was the architectural style. She reminded the Commission that the Town does not have design review standards for the type of architectural style of the building. What they do have is the Section Dr. Janklow quoted earlier relating to siting and fitting the house into the site, bulk, mass and height on a ridge. She further discussed the Town's adopted color board not using white. Commissioner Schreiner stated this house was not only visible to the neighbors from Carillo Lane but very visible to at least a half dozen homes on Saddle Mountain including, her own. It is already very visible now. She felt the addition of another portion making it two story and painting it a lighter color would make it very prominent on this bluff. She visited the site twice to see how it could be mitigated with landscaping and she was impressed that in going around the back which is the most visible area, there was only about 10' from the edge of the pavement to the edge of the top of the bank where you could do any kind of meaningful planting which would grow in a reasonable amount of time. This was not an easy house to mitigate. She felt the house has to be extremely sensitive to the site and to the rural nature of the Town that they are trying to preserve. She would like to see this house extend the 500' out if it needs extra space on a one story element and would like to see the color a much darker color from the color being proposed. Commissioner Schreiner felt this was not an appropriate house for the site. She did not feel the second story should be extended and she would rather see the one story extended out. Commissioner Simmu was impressed with all the comments from neighbors. He would like to re -look at the project or to continue the project just to rethink it in terms of the neighbors comments. He was not sure this was fair to the applicant because the Planning Commission Minutes APPROVED July 28, 1993 L Page 11 W neighbors did not give any warning to their comments. Chairman Comiso felt it should be decided this evening. Commissioner Stutz did not feel landscaping could mitigate the view of house and would block their views of the hills. Ms. Niles stated in looking at the site plan, the City Engineer had noted the back slope on the south side of the retaining wall was mostly 56% . Town ordinance requires a conservation easement on slopes of 30%. Staff would like the Commission to consider adding a condition for a conservation easement over the slope that is over 30% and allowing that there would be drainage facilities installed, also requiring that disking not be allowed, just mowing. She asked the Commission to re -open the public hearing in case there are any comments on the request to consider a conservation easement issue only, then closing the public hearing for the Planning Commission discussion. Before re -opening the public hearing Chairman Comiso requested a discussion by staff and the Planning Commission regarding the sewer system. Ms. Niles stated the applicant is working with the City Engineer with regard to the connection to sewer. Mr. Peterson stated Staff did not condition this particular application for sanitary sewer ( connection due to the sewer being on the east side of Carillo Lane at the bottom of the `, hill. It is at a very substantial distance and cost. RE -OPENED PUBLIC HEARING The public hearing was re -opened for discussion regarding the conservation easement and sewer connection only. Ms. Niles stated a conservation easement is an area that you cannot grade in or put structures of any kind in. The purpose is to retain a more natural state and make sure there is not an erosion problem. It is also used to maintain significant oak trees or significant environmental features such as creeks and steep slopes. Mr. Peterson stated the definition of a conservation easement allows the Planning Commission to determine what type of activities are acceptable within that conservation easement. If the septic system was the route to be taken, the Planning Commission could condition that it would be okay to do septic repair and that type of work. Mr. Addison stated they have solicited bids on connecting to the sewer and the cost was roughly $15,000 plus $3,000 for engineering. He also stated he did not care one way or the other about the conservation easement. 4, CLOSED PUBLIC HEARING Planning Commission Minutes July 28, 1993 Page 12 APPROVED MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Sinunu to continue the application for re -design and to appear on the September 8,1993 agenda. Ms. Niles explained, for the applicant, if they take the opportunity to continue the application for a re -design addressing the issues: consider the additional 500 sq. ft. on the main floor so as not to increase the bulk and mass of the existing house any more than it already is on a ridge line; and consider a darker color for the house; type of landscaping to provide screening. The other option would be to have the Planning Commission deny the application and appeal the decision or wait another year before submitting another design for the property. Mr. Addison agreed to have the application continued for re -design. AYES: Chairman Comiso, Commissioners Cheng, Schreiner, Sinunu & Stutz NOES: None ABSENT: Commissioner Ellinger & Takamoto 5.6 LANDS OF FONDAHL, 12810 Viscaino Road; A request for a Site Development Permit and Variance for a Pool and Deck to encroach into the front and side yard setback. Ms. Niles stated there were no additions to the Staff Report. Commissioner Schreiner asked if there was any possibility of placing the pool in any other location. Ms. Niles explained she had been out to the site again and walking around the house is difficult at best. There was one area on the right side of the house which is currently used for a clothes line area, however, it is small for a pool area and drops off significantly right at the edge. An increase in the flat area in that part of the lot would be required, with considerable fill and a major retaining wall. In the proposed area for the pool, they are using a retaining wall, however, they are cutting, not filling. Additionally, in the back area there is a steep slope with much smaller areas and it is usually very windy. OPENED PUBLIC HEARING John Fondahl, 12810 Viscaino Road, applicant, has lived in the house for over 28 years and the landscaping predates their ownership. He discussed enlarging the driveway area to permit turning around before exiting onto Viscaino Road, the low walls, bulk heads and walks on the sides and rear of the house to improve slope stability, drainage and erosion control. He retired recently and now has the time and resources to enjoy ( the front area. They have engaged Peter Shaw, Landscape Architect, to develop an attractive plan. He would like to include a pool that is functional but primarily an Planning Commission Minutes APPROVED July 28, 1993 [ Page 13 attractive focus in a nature type setting. The pool would be of therapeutic value and with an appropriate pump would provide a safety reservoir of water in case of fire. He felt there was no other area for the pool and it would not be seen from other properties or from Viscaino Road. Mr. Fondahl presented a document of support from three neighbors. Commissioner Schreiner asked if Mr. Fondahl had considered any other area for the pool. Mr. Fondahl did not feel it was possible to place the pool in any other area. The pool would be a focal point of their landscaping plan and an extension of their living area. He felt the pool was a small natural type pool, approximately 15'x 30'. Peter Shaw, 160 Forest Avenue, Palo Alto, landscape architect, discussed the project and the Fondahls' meeting with the Staff previously. He discussed the placement of the pool and agreed with the 12 conditions listed in the Staff Report which he felt were extensive and would insure the integrity of the installation of the pool. CLOSED PUBLIC HEARING Commissioner Schreiner discussed the findings for the variance stating this was a substandard lot, the lot unit factor was under 1.0, the applicant being able to grandfather a considerable amount of development area which allows him a patio and 4Vunusual. in the back area. She did not feel this lot, especially in the Viscaino area, was unusual. She was concerned with granting the variance and opening up a flood gate of other requests even though she would really like the Fondahls to have the pool. Chairman Comiso discussed setting a precedent explaining that the Planning Commission takes each property on its own merits. Commissioner Sinunu was concerned with a variance allowing a pool into the setback. He looked at the area behind the house as an area that might be an appropriate area for the pool, however, he has been satisfied by what has been presented this evening that the proposed location of the pool would be the best. The reasons this lot is peculiar were that the front area where the pool is proposed is a bit below the surrounding road way and there is substantial vegetation. There is privacy in that area and it sits on the road way and not on the property line. Commissioner Cheng stated she had difficulty approving a variance because they do have an area in the back which they are enjoying. She felt not all houses need a pool and the project is 29' into the setback. She felt not having a pool would not create a hardship as they do have outdoor living areas. Commissioner Stutz discussed page 2 of the Staff Report regarding "the existing vegetation between the pool and the roadway will not be disturbed". Mr. Fondahl mentioned he had hired a landscape architect to re -do the front area and she felt the Planning Commission Minutes APPROVED July 28, 1993 {v Page 14 existing vegetation would be disturbed. She noted not all lots in Los Altos Hills are suitable for a pool. The Commission discussed the fact that when looking at the plan, everything indicates this is the correct location for the pool except the ordinances. Peter Shaw felt not having a pool would be a hardship especially after someone lives in their home for 30 years and finally both retire and want to have something for their own enjoyment. Ms. Niles stated there was additional area on the lot but the area behind the house is over 50% slope and the Town would not allow the grading and construction of the pool on the 50% slope. The house has been sited so far towards the front of the lot that there is not any space put any flat or usable outdoor area. The applicant does have some gardening areas, however, those are far below and not able to be used as outdoor sitting areas or outdoor recreation area. One of the policies of the Town is to engourage property owners to provide adequate outdoor living area. (This statement will be clarified for accuracy by the Town Planner). They have bits and pieces of living area down the slope but the lot is severely constrained due to the existing siting of the house, the 50% slope, and the instability of the slope. `, Commissioner Stutz suggested a spa rather than a pool, however, Mr. Shaw mentioned this would not satisfy the therapeutic intent of wanting to swim. The Fondahls are reducing the square footage which does not happen often and even though they are asking for a variance, it is a less developed area in the front yard in proposal than is existing now. RE -OPENED PUBLIC HEARING Doris Fondahl, 12810 Viscaino Road, discussed the design of the project, the natural landscape with the pool which looks more like a pond. The pool is a focus for the landscaping, a therapeutic facility and with the pump they would have water in case of a fire. Any of the other places that would be possible are not practical and the back area is too windy. They would like to use the property they have and they do not feel this is an infringement either on the Town or on the Town's records. This is one individual house with a very strange lot and they would like to enjoy it to the fullest. CLOSED PUBLIC HEARING The Commission discussed the setback ordinance Section 10-1.505(b) and the extension being actually 24' rather than 29' as stated in the Staff Report, the constraints of the lot, already exceeding the allowable development for the lot by 4,000 sq. ft. V Planning Commission Minutes APPROVED July 28, 1993 Page 15 6 MOTION SECONDED AND FAILED: Motion by Chairman Comiso and seconded by Commissioner Sinunu to approve the Site Development Permit and Variance subject to findings and conditions of approval as noted in the Staff Report. AYES: Chairman Comiso, Commissioner Sinunu NOES: Commissioners Stutz, Cheng & Schreiner ABSENT: Commissioners Ellinger & Takamoto Ms. Niles suggested the Commission direct the applicant to consider reducing the request for a variance, returning with a modification proposal so as not to encroach the entire 24' but something less. MOTION SECOND AND PASSED: Motion by Commissioner Stutz and seconded by Commissioner Cheng to forward this to City Council without recommendation. AYES: Chairman Comiso, Commissioners Schreiner, Sinunu, Stutz & Cheng NOES: None ABSENT: Commissioners Ellinger & Takamoto This item will be noticed for public hearing for the City Council meeting of September 1, L 1993 as a request by the Planning Commission for the City Council's determination. 5.7 LANDS OF LOHR, 24000 Oak Knoll Circle; A request for a Site Development Permit and Variance for a New Residence and Swimming Pool. Ms. Niles introduced this item stating in research of the conditions on the front of the map, it was noted that there was a conflict in what was written regarding no structures or buildings of any kind in the human habitation setback line. Mr. Lohr decided to remove the pool as part of this application at this time for Staff clarification regarding the difference between the conditions for the subdivision and the owners certificate on the face of the map. At this time Staff requested the Planning Commission review the Site Development and Variance for the residence only. Commissioner Stutz stated this was one of the Town's latest subdivisions and every lot was looked at several times to make sure a building could be built without a variance. She asked the reason for a variance be discussed Commissioner Schreiner felt the figures in the staff report were a bit confusing as the maximum floor area is shown as 5,640 sq. ft, however, in the paragraph below this figure, it states the house floor area is limited to 4,500 sq. ft. She asked if 4,500 sq. ft. should be listed as the maximum floor area, leaving 183 sq. ft. She also noted the application is for putting in a 725 sq. ft garage which is not being counted so the house is not 4,317 sq. ft. but more like 5,000 sq. ft. Planning Commission Minutes APPROVED July 28,1993 Page 16 4 OPENED PUBLIC HEARING Steve Lohr, J. Lohr Properties, 586 Lagunita Drive, Stanford, applicant, discussed Lot 1 in the Stonebrook subdivision being an unusual lot and the only lot with a trace fault going through the middle of the property. There is a safety setback zone on each side of the trace fault which takes up over half of the development area of the lot leaving only the southern portion of the lot buildable and half of that taken up by a large oak tree. The oak tree is very healthy and they have tried to design around it since 1991. The present design makes the best use of the lot in terms of its natural slope and taking into consideration providing an adequate setback from the tree itself. The variance requested is for one small corner of the house and would project 6' into the front 40' setback for a total of 87 sq. ft. of building area. He further discussed the variance request referring to the plan. Commissioner Schreiner asked how much grading and excavation is removed if the pool is not built. Mr. Lohr stated the pool amounts to 300-400 c.y. at the most. Most of the excavation is for the garage so they can hide it from the three streets that abut the property. They will be removing 1,100-1,200 c.y. altogether which is a combination of the garage and also cutting in the south side of the house itself to lower the elevation. CLOSED PUBLIC HEARING 6 Chairman Comiso discussed the approval of the original subdivision, the lot being extremely constrained, the placement of the house and Council's directive not to exceed 4,500 sq. ft. Discussion ensued regarding a proposed lot line adjustment, however, it was noted the request was made by the owners of lot 2, not by Mr. Lohr; three story facade due to the garage in addition to removing 1,100 c.y. of dirt. Commissioner Stutz suggested shifting the house to the right and decreasing the size of the garage. Further discussion by the Planning Commission ensued. Mr. Lohr stated they had tried Commissioner Stutz' suggestion, however, encountered two issues: orientation of reasonable living space and the terracing effect. RE -OPENED PUBLIC HEARING Jerry Lohr, 2021 The Alameda, San Jose, discussed meeting with a number of people regarding the design of this house, not removing the oak tree, lowering the house onto the site and reducing the height of the second story. CLOSED PUBLIC HEARING Chairman Comiso discussed whether this was an appropriate house for the site, the lot being very constrained , the outdoor area available, and every lot being entitled to a 4 4,000 sq. ft. house. She did not feel the bedrooms were oversized and the three story Planning Commission Minutes APPROVED July 28, 1993 Page 17 4 element was a result from stepping a house down. She added the variance abuts the road and not another piece of property. Commissioner Sinunu was happy with the project. He felt the property was extremely constrained and felt the applicant attempted to put the house where it was most appropriate. Commissioner Stutz suggested voting for the project. She felt the applicant had done a good job of fitting it onto the property. Chairman Comiso suggested a deed restriction stating this house was granted a variance and there should be no need for an additional variance granted on this piece of property. Commissioner Schreiner still had difficulty with the three story facade. She felt the whole house was predicated on getting an extra 700 sq. ft. for the garage. If they had designed the project within the perimeters of 4,500 sq. ft. they would not have had this problem. They could have made the house smaller. MOTION SECONDED AND PASSED: Motion by Commissioner Cheng and seconded t by Commissioner Stutz to approve the site development permit and variance with the recommended conditions of approval and adding a deed restriction stating an additional variance would not be granted on this piece of property. The pool is not part of this approval. AYES: Chairman Comiso, Commissioners Sinunu, Stutz & Cheng NOES: Commissioner Schreiner ABSENT: Commissioners Ellinger & Takamoto There is a 10 day appeal period and the City Council will be advised of the vote. MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner, seconded by Chairman Comiso and passed unanimously to continue the meeting past 11:30 p.m. 6. NEW BUSINESS 6.1 Scheduling of a Work Session on September 8, 1993 at 5:00 p.m. Topic to be announced. Chairman Comiso requested a work session regarding 'the purpose and procedures of the Planning Commission" to be scheduled for September 8, 1993 at 5:00 p.m. Meetings will not go beyond 2 1/2 hours. 4W Planning Commission Minutes APPROVED July 28, 1993 Page 18 4 Chairman Comiso also requested a work session regarding Elements of the General Plan. The first meeting was scheduled for September 21, 1993 at 5:30 p.m. The meeting will cover Scenic Highways, Path & Trail and Conservation Element. Ms. Niles asked the Planning Commission to consider starting the meeting at an earlier time. This item will be placed on the agenda for further discussion. 7.1 Scenic Highways Element and Path & Trail Element -this item will be discussed at a work session on September 21, 1993 at 5:30 p.m. 7.2 Circulation Element -continued. 7.3 Recreation Element, continued. 7.4 Land Use Element, continued 7.5 Conservation Element -This item will be discussed at a work session on September 21,1993 at 5:30 p.m. L 7.6 Report from the Design Guidelines Sub -Committee -continued. i/ Commissioner Schreiner asked for the Planning Commissioners comments to be forwarded to her. 8. APPROVAL OF THE MINUTES 8.1 Approval of the Minutes of June 9, 1993. MOTION SECONDED AND PASSED: Motion by Chairman Comiso, seconded by Commissioner Schreiner and passed unanimously with Commissioner Sinunu abstaining to approve the Minutes of June 9, 1993, 8.2 Approval of the Minutes of June 23, 1993. MOTION SECONDED AND PASSED: Motion by Chairman Comiso, seconded by Commissioner Schreiner and passed unanimously to approve the Minutes of June 23, 1993. 8.3 Approval of the Minutes of July 14,1993 MOTION SECONDED AND PASSED: Motion by Chairman Comiso, seconded by Commissioner Schreiner and passed unanimously with Commissioner Sinunu ` `, abstaining to approve the Minutes of July 14,1993. Planning Commission Minutes APPROVED July 28, 1993 Page 19 4 9. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETING No meetings scheduled. 10. ADJOURNMENT The meeting was adjourned by consensus at 12:00 p.m. Respectfully submitted, Lard Lonberger Planning Secretary