HomeMy WebLinkAbout10/12/1994f Approved 11/9/94
`r Minutes of a Regular Meeting
Town of Los Altos Hills
PLANNING COMMISSION
Council
cc: Cas!
October 12, 1994, 7:00 P.M.
nbers, 26379 Fremont Road
ROLL CALL AND PLEDGE OF ALLEGIANCE
Planning Commission meeting was called to order at 7:00 p.m. in the Council Chambers
at Town Hall.
Present: Chairman Schreiner, Commissioners Cheng, McMahon, Gottlieb,
Doran and Stutz
Absent: Commissioner Comiso
Staff: Linda Niles, Planning Director; Jeff Peterson, City Engineer
L Also Present: Dorothy Cornelius, Acting Recording Secretary
fir' 2. PRESENTATIONS FROM THE FLOOR
None.
A Plaque of Appreciation was presented to Jim Sununu who served on the
Planning Commission from 1992-94. Planning Director Niles pointed out that he
had left the Commission because he no longer resided in Los Altos Hills.
Chairman Schreiner reviewed the new format of the agenda which places the
public hearings at the beginning of the agenda.
PUBLIC HEARINGS
3.1 Lands of Russell, 13331 Lennox Way (139-94-ZP-SD-CDP); a request for a
Site Development Permit and a Conditional Development Permit for a
minor addition and remodel, and a Variance for an increase in MFA and
encroachment into a front setback (continued from the September 28
meeting).
Planning Commission Minutes Approved 11/9/94
October 12, 1994
Page 2
Ms. Niles informed the Commission that this item was renoticed because of the variance
requested. Following a review of the City's parking requirements, the Commission
discussed the road width and past conditional development conditions. An off-road
path from Lennox to Los Altos appears to be on adjacent property. The Pathway
Committee will clarify this.
OPENED PUBLIC HEARING
Larry Russell, property owner, said he is asking for a garage addition to the existing
building. Lennox Way is a private street. Upon being asked about the two 10 -foot
easements shown on the map of his property, he stated that one is a utility easement
with a telephone pole. Ms. Niles informed him it is a right-of-way easement on the
survey map, which is the only reason the City would take that square footage out of the
development acreage. Mr. Russell stated that he was not aware of the difference. He
said his house is the second one in Lennox Park and was built in the 1930-40 period,
prior to the Town's incorporation. He has lived there since 1976.
In response to a suggestion that the addition be from the back of the existing structure
to eliminate the need of a variance, Mr. Russell pointed out that would require
excavation and take his patio and brick barbecue as well as destroy the environment.
Commissioner Gottlieb still felt it was a better solution.
Commission members expressed concern regarding parking on the site. It was clarified
that there will be four spaces. A variance is still necessary because the applicant's
proposal surpasses the allowed floor area.
During discussion regarding the necessity for a Certificate of Compliance, Ms. Niles
stated that such a Certificate is required by state law if no map of record exists for the
property. Such a map would be similar to the survey maps already submitted. There
could be a specific threshold related to size of project to trigger the need for such a
Certificate or map.
Mr. Russell felt that some requirements such as the additional 10 -foot easement were
excessive for such a small project. This results in additional expense and delays the
project. He wondered if it was really necessary and was informed the right-of-way
requirement is a standard condition.
Ms. Niles pointed out that usually such a small project would not come to the Planning
Commission, but this is a conditional development and, therefore, is required to be
reviewed by the Commission. That is why the right-of-way is being requested. Ms.
Niles also pointed out that the wording of proposed condition of approval #13 could be
changed to require the Certificate of Compliance based on state requirements.
4 CLOSED PUBLIC HEARING
Planning Commission Minutes Approved 11/9/94
October 12, 1994
Page 3
v
Further discussion ensued regarding: road right-of-way, pathway easement, the need
for the Certificate of Compliance, findings for the variance findings, and findings for the
Conditional Use Permit. When discussing the two easements on this property, it was
clarified that one is on Lennox Road and one is on the other side of the applicant's lot
line. On Lennox Road, there is a 20 foot right of way; 10 feet on the applicant's side and
10 feet on the neighbor's side across the road, for a total of 20 feet. The consideration
currently was whether or not to ask for another 10 feet. Road standards for private
roads were discussed. The Commission was in favor of not requiring the road
dedication. Ms. Niles noted that since the road right-of-way is presently only 20 feet, it
was felt the pathway easement be on site, not on the road. Commissioner Gottlieb
noted that the plan does not show the 30 and 40 foot setbacks or elevations to the rear of
the property which she felt were standard information. She was also concerned with
parking on site. Chairman Schreiner requested that staff research the need for a
Certificate of Compliance and that one be prepared if it is required. Commissioner
Gottlieb could not make the variance findings. Commissioners McMahon, Doran and
Cheng agreed that this was a very small project and they have determined as best as
they can with the map that the applicant is not encroaching any further, there should
not be a problem.
MOTION SECONDED AND PASSED: Motion by Commissioner McMahon and
seconded by Commissioner Doran to accept the variance for the proposed 462 square
foot addition with findings as per staff report dated October 12, 1994, attachment 1, and
that there is no more encroachment into the setback than currently exists.
AYES: Commissioners Cheng, Stutz, Doran, McMahon
NOES: Chairman Schreiner, Commissioner Gottlieb
ABSENT: Commissioner Comiso
MOTION SECONDED AND PASSED: Motion by Commissioner Doran and seconded
by Commissioner McMahon to approve the conditional development permit with
findings as per staff report dated October 12, 1994, attachment 2, and conditions as per
attachment 3 amended as follows: staff research need for certificate of compliance
(condition #13); delete condition #14 (20 -foot right-of-way). Keep condition #15; the
pathway will be in the existing 10 -foot right-of-way.
AYES: Commissioners Cheng, Stutz, Doran, McMahon
NOES: Chairman Schreiner, Commissioner Gottlieb
ABSENT: Commissioner Comiso
The application will be on the Council Consent Calendar, November 2.
kaw
Planning Commission Minutes Approved 11/9/94
October 12, 1994
Page 4
3.2 LANDS OF NAGPAL, 28555 Matadero Creek Lane (99-94-ZP-SD); a
request for a Site Development Permit for a secondary dwelling unit
(continued from September 28).
This item is continued to the meeting of October 26 at the request of the applicant.
3.3 LANDS OF SANTORA, 12008 Finn Lane (154-94-ZP-SD-GD); a request for
a Site Development Permit for a new residence and pool.
In response to Chairman Schreiner's request for any Commission questions to staff,
Commissioner Gottlieb inquired about an outlying building on the property. Ms. Niles
stated it will be removed. Commissioner Doran requested that staff research whether or
not it could be preserved as a historical landmark and moved to another location.
OPENED PUBLIC HEARING
Mark Santora, 1535 Wessex Avenue, Los Altos, applicant informed the Commission that
the plan is to remove and restore the outlying building on the developer's property. He
was requested to submit that information in writing.
John Komo, 23225 Ravensbury Avenue, Los Altos Hills, stated that the drainage will be
diverted away from the neighbors and to the storm drain. He presented a model, to
scale, of the proposed house, as well as a photograph of the house after which it is
modeled. Mr. Komo pointed out that the lot under discussion is the lowest one in the
subdivision. Mr. and Mrs. Santora have met with the adjoining neighbors and the
proposal satisfies the CC&Rs. Mr. Sloan, architect, was present to answer any questions.
Chairman Schreiner expressed concern regarding the pathway easement and was
informed that any plantings in the pathway will be removed. Plantings must be 5 feet
away from pathways.
Discussion followed regarding pulling in the driveway, reducing the garage depth and
revising the paving in setbacks. The extra easement, which is in the setback, is not
allowed. Any changes will require the applicant to review them with Mr. Finn for
compliance with the CC&Rs of the Finn Subdivision. The house and garage were
oriented as required by those CC&Rs. However, Town standards do override CC&Rs.
Mr. Peterson suggested, in regard to drainage, that the natural patterns be followed as
much as possible. In this way, drainage would be split, with one-half going to the storm
drain.
Arrangements were not yet made for exporting fill, but it will be done. It was suggested
that a traffic plan for trucks be prepared; this could be part of condition of approval #9.
L
Planning Commission Minutes Approved 11/9/94
October 12, 1994
Page 5
Commission members expressed concern regarding three lots in the area grading
individually and the number of trucks that would entail. Coordination would be
desirable.
Mr. Komo said he will look at storing dirt on site and removing it at a later time. Mr.
Peterson felt that would probably be feasible on this site; however, neighbors must be
considered. The soil could be protected so it does not erode; it is an aesthetic issue.
Mrs. Pam Schwarz, 24941 Prospect, expressed concern regarding admitting water into
the storm drain system. Splitting the drainage helps. She stated the house does look
nice.
Mr. Santora said the house has been in design for quite a while. He and Mrs. Santora
worked with the neighbors in the process. The colors for the structure are muted grays
and taupe. Previous planting on the lot was done by Mr. Finn.
Chairman Schreiner pointed out the need to maintain the integrity of the path.
Dawn Hill, 1200 Finn Lane, said that the Santoras worked with the neighbors every step
of the way. As long as the existing planting remains until the house is built, a fence is
not needed. The only place for a property driveway on the Santora property is near the
Hill property. Planting will allow privacy.
Mr. Santora stated that the conditions of approval recommended by staff are acceptable.
CLOSED PUBLIC HEARING
Commission discussed: removal of trees from pathway; marking of pathways; deleting
pavement to driveway and removal (relocation) of trees in the portion of the path on the
Hill property.
Mr. Jim Hill, 12009 Finn Lane, stated that currently his gardener is maintaining the trees
on that portion of the path. The redwoods are on a drip system. He asked if the
Commission just wanted weeds in the path. Commissioner Stutz replied that the shrubs
and other plants could be left, but the trees should be moved before they get too big.
Mr. Hill will try to transplant them outside the pathway area. The lawn area will remain
with the understanding that it may be removed in the future if the area is needed for the
path.
Mr. Peterson said the Council has accepted certain paths and the Town maintains them.
If more paths are accepted, it may become necessary to have more maintenance crews.
In this case, the path is still the Hill's property so Mr. Hill will continue to maintain it.
Planning Commission Minutes Approved 11/9/94
October 12, 1994
Page 6
4W Mr. Hill requested that the Town consider that the cable company left a culvert in the
horse path.
There was further clarification regarding paving in the setback.
MOTION SECONDED, AMENDED AND PASSED: Motion by Commissioner Cheng
and seconded by Commissioner Gottlieb to approve the site development permit for
12008 Finn Lane as per staff recommendation with conditions amended to leave trees
until the house is built, at which time they shall be removed; require that pavement be
removed from setback; pavement be added to radius as per Commission direction; a
traffic plan for trucks exporting fill be prepared; site drainage will be split.
AYES: Commissioners Schreiner, Commissioners Cheng, Stutz, Doran,
McMahon, Gottlieb
NOES: None
ABSENT: Commissioner Comiso
Chairman Schreiner informed the applicant this will be on the Consent Calendar of the
November 2 City Council meeting.
3.4 LANDS OF FITZPATRICK, 27451 Altamont Road (149-94-ZP-SD-DG); a
request for a Site Development Permit for a major addition and remodel.
In response to Commission concerns, Mr. Peterson said he will work with the applicant
regarding driveway access. Emergency access will be discussed during the public
hearing. Also, if necessary, the pathway will be diverted around the fire hydrant. The
basement design does not allow for the entire square footage to be exempted from
calculation of square feet. A partial exemption was allowed.
OPENED PUBLIC HEARING
Anthony Aldrich, architect, representing applicant, was present to answer any
questions. In regard to the proposed concrete retaining wall, he stated that because of
damage during the last earthquake a new retaining wall is necessary. Some dirt will be
removed to stabilize the hill and the current wall will be removed. The existing
driveway was built without base rock; the new driveway will be constructed with base
rock so it can withstand heavy traffic.
Following discussion regarding sewer connection, Mr. Peterson confirmed that the
sewer system on Zappettini Court is maintained by the homeowners of the Zappettini
Subdivision. From an engineering standpoint, he would not encourage private systems
on public streets. It is difficult to condition someone to get an easement from another
party.
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Planning Commission Minutes Approved 11/9/94
October 12, 1994
Page 7
Mr. Aldrich, in response to Commission request, will submit to staff a cross-section of
the property, house, retaining wall, property line to property line. The drawing should
show pathways. Mr. Aldrich expressed agreement with the conditions
CLOSED PUBLIC HEARING
Chairman Schreiner pointed out the concern of William Cotton & Associates regarding
the leach lines and potential instability of the cut slope to the west. This is addressed in
#14 of the conditions of approval.
Discussion included: weight and maneuverability of fire trucks in driveway, basement
plan; cross-section of 8 -foot retaining wall; elevations on drawing. There is currently a
non -conforming overage of square feet which they can keep on the property.
MOTION SECONDED AND PASSED: Motion by Commissioner McMahon and
seconded by Commissioner Cheng to approve the application per staff
recommendations with the following amendments: delete condition #19 requiring
connection to the sanitary sewer and payment of such fee; modify worksheets to reflect
appropriate basement square footage; upgrade driveway construction to reflect current
standards and minimize driveway at Altamont (90° angle); address fire truck
turnaround; submit to staff an east/west section, maximum height of house, showing
( retaining wall; show pathways on drawings.
�/ AYES: Chairman Schreiner, Commissioners Cheng, Stutz, Doran, McMahon, and
Gottlieb
NOES: None
ABSENT: Commissioner Comiso
This application will be on the Council Consent Calendar of November 2.
RECESS: 9:25 - 9:35 p.m.
3.5 LANDS OF BILGER, 25901 Vinedo Lane (2-94-ZP-SD-GD); a request for a
Site Development Permit for a new residence and pool.
The Chairman and staff clarified that this is the first public hearing for the application.
Some changes have been made since the first staff report was presented to the
Commission. The basement is now fully underground. The retaining wall is
approximately 10 feet from the house. As the closest existing sanitary sewer main is
about 500 feet away, Mr. Peterson requested that condition #19 be deleted.
OPENED PUBLIC HEARING
4
Planning Commission Minutes Approved 11/9/94
October 12,1994
Page 8
kMrs. Cameron Bilger, 25901 Vinedo Lane, said she has been working on this project for
two years so far. Many changes have been made and she feels Town ordinances have
been met.
Bill Kull, 20341 Stevens Creek Boulevard, Cupertino, engineer, reviewed steps taken, to
mitigate the Planning Commission's concerns. The house site has been reduced and
repositioned; the pool has been lowered and cut and fill minimized; height of retaining
wall is reduced; fill has been reduced; only 170 yards of soil will be exported; the house
is sited between land contours. To demonstrate off-site visibility, he presented photos.
He felt visibility was insignificant; this is a dead-end road. Mr. Kull felt that visibility
can be mitigated (condition #4).
He also requested the deletion of condition #19 and the changes of the proposed permit
expiration date stated on page 11 of the staff report. Mr. Kull reviewed the project
elevation sheet, addressing the Chairman's questions regarding the amount of fill that is
being proposed.
Wendell Roscoe, 12234 Tepa Way, Los Altos Hills, said it has been both a pleasure and a
challenge to design this house. The handicap access that was necessary required
elimination of a patio and a certain configuration. To meet Town standards, it was
necessary for the Bilgers to modify some of their original desires. Mr. Roscoe stated that
the basement is under the house and the dirt to be hauled away is from that basement;
L there is no fill under the house. He presented renderings of the front and side of the
16r proposed house and photos of adjoining houses for Commission review.
Mr. Arndt Bergh, 25961 Vinedo, told the Commission that the Bilger roof barely shows
above the vegetation and the proposal has no impact on him. Therefore, he supports the
application.
Patricia Traver, 25851 Vinedo, expressed concern regarding visual impact and also
about earthquakes.
The Wongs, who had previously expressed concern, were not present.
CLOSED PUBLIC HEARING
Commission discussed: need for a cross-section from property line to property line
showing the downhill neighbor; location of pool; lack of garage; keeping parking area
out of setback; visibility of house; fit of house on lot; recent drawings submitted still
having date of drawings previously submitted; height of house.
Commissioners suggested that the applicants clarify the plans, submit longitudinal
sections and terrain elevations, submit photos taken from the location of the homes of
concerned neighbors.
Planning Commission Minutes Approved 11/9/94
October 12, 1994
Page 9
Discussion followed regarding lowering the house to 503 feet. The current design is 509
feet.
Frank Barbara, 25960 Vinedo, suggested that Commission talk about "eye level" when
considering height of the house.
Mr. Roscoe pointed out the requirement for handicap access and staff's concern
regarding removing soil. These both preclude "stepping down" the terrain. The 503 feet
might work if more dirt may be transported.
Chairman Schreiner suggested consideration of the pool be continued and the following
be presented to the Commission: a longitudinal section from Vinedo Lane to the back of
the property and extended to include neighbors both uphill (Wong) and downhill and
the north/south section. Better story poles are necessary and photographs should be
taken from the Wongs' area. Ribbons should connect the story poles and the picture
depict the mass of the house. State existing and proposed grades on the elevations so
heights can be measured. Try bringing the driveway in at a lower elevation so it is not
so steep.
The Commission also requested a redesign of the house at 503 feet. Staff clarified that
L the parking,area is outside the setbacks; the turnaround space (part of driveway) is in
the setback, which is acceptable.
Mr. Brent Bilger said he understands the Commissioners' objections, but he's looking for
a couple more feet. It would make a difference.
The Commission usually tries to keep the roof height below the highest point of the
land. Chairman Schreiner recommended the applicant review the Town's guidelines,
ordinances, and Code. The visual impact of the design needs to be addressed. The pool
should also be lowered, then.
PASSED BY CONSENSUS: Continue consideration of the application to October 26 or
the second week in November.
4. CONSENT CALENDAR
None.
5. REPORT FROM THE CITY COUNCIL MEETING OF OCTOBER 5, 1994
Planning Commission Minutes Approved 11/9/94
October 12, 1994
Page 10
4 5.1 Commissioner Gottlieb reported the following: Land of Chan will be
heard October 17 (instead of October 19); the Town of Los Altos has
started a mediation program to resolve neighbor disputes. The program
will include Los Altos Hills. Citizens will be trained as mediators. The
program will use Heritage House in Los Altos Hills. Also discussed were
calculation of slope density, crosswalks at Elena and Robleda, road
improvements, and the Capital Improvements Budget.
5.2 Chairman Schreiner will attend the Council meeting of October 17.
6. NEW BUSINESS
None.
OLD BUSINESS
7.1 General Plan Elements—Schedule for Work Sessions.
A special meeting will be held October 20,5:30 p.m. to 7:30 p.m. One of the elements
being revised is the Seismic Element. The League of Women Voters, this Friday, is
having a workshop on the County General Plan at Hillview.
7.2 Procedures for enforcing the completion of landscape requirements for
use of landscape deposits. Continued.
7.3 Color Board. Continued.
7.4 Discussion of Planning Commission meeting time. Continued.
APPROVAL OF MINUTES
8.1 Approval of the September 28, 1994 Minutes.
Chairman Schreiner amended page 5 next to last line to read "...expanse of hardscape in
the setbacks that is not..." and page 11, fifth line from the bottom of the page to read
"...and there have been many according to Town code."
MOVED, SECONDED AND PASSED: Motion by Commissioner Doran seconded by
Commissioner McMahon to approve the minutes as amended.
AYES; Chairman Schreiner, Commissioners Cheng, McMahon, Gottlieb, Doran,
and Stutz
NOES: None.
4W ABSENT: Commissioner Comiso
Planning Commission Minutes Approved 11/9/94
October 12, 1994
Page 11
4
Ms. Niles will bring information clarifying when hardscape is allowed. Commissioner
Gottlieb requested that she be recognized in order to amend her Council report. A joint
City Council/Planning Commission meeting is planned for November 30,530 p.m. Ms.
Niles will verify time and date. Any issues a Commissioner would like on the agenda
should be submitted to Ms. Niles.
Various ways of providing restrictions on property were discussed. Methods used are
minutes, map restrictions, conditions of approval.
9. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETINGS OF
SEPTEMBER 27 AND OCTOBER 11, 1994.
9.1 LANDS OF HALL, 26070 Newbridge Drive; a request for a Site
Development Permit for a landscaping plan. Approved with conditions
September 27, 1994.
9.2 LANDS OF SHIN, 24013 Oak Knoll Circle; a request for a Site
Development Permit for a pool, landscape plan and related
improvements.
9.3 LANDS OF STILL, 14120 Miranda Road; a request for a Site Development
Permit for a landscape plan and related improvements.
10. ADJOURNMENT
Motion by Commissioner Doran seconded by Commissioner McMahon and approved
unanimously by those present to adjourn the meeting at 11:30 p.m.
Respectfully submitted,
Dorothy Cornelius
Acting Recording Secretary
D: J