HomeMy WebLinkAbout05/24/2000`tr
Minutes of a Regular Meeting Approved 6/14/00
Town of Los Altos Hills
PLANNING COMMISSION
Wednesday, May 24, 2000, 7:00 p.m.
Council Chambers, 26379 Fremont Road
cc: Cassettes (2) #10-00
ROLL CALL AND PLEDGE OF ALLEGIANCE
The Planning Commission meeting was called to order at 7:02 p.m. in the Council Chambers at
Town Hall.
Present: Commissioners Gottlieb, Jinkerson, Cottrell & Schreiner
Absent: Commissioner Wong
Staff: Curtis Williams, Planning Director; Ola Balogun, Associate Engineer, Carl Cahill,
Associate Planner; Lam Smith, Planning Secretary
2. PRESENTATIONS FROM THE FLOOR -none
3. PUBLIC HEARINGS
3.1 LANDS OF AU, 12870 Robleda Road (271-99-ZP-SD-GD); A request for a Site
Development Permit for a new residence and pool.
This item was introduced by staff who fielded questions regarding driveways within setbacks,
the length of the existing driveway (800 feet with a total of 200 feet exceeding the 15%
maximum), and if the house has any historical status (no). Commissioner Gottlieb had the
following requests: if the swale along the property line could be included in the conservation
easement; a three to one ratio for replacement trees; and if the 8 foot retaining wall could be
reduced in height. Mr. Cahill stated it appears that most of the swale is in the public right-of-
way and the construction should not impact it. The retaining wall is for the turnout and the extra
width provided for the turnout is increasing the wall height. The associate engineer noted that
they have reviewed many alternatives for the driveway and found this to be the best compromise
reached. The Planning Director noted that the turnout is needed for the fire department due to
the length of the driveway. Chairman Jinkerson noted that if this project was a small addition the
fire department would not be requesting an upgrade of the driveway and would not be requiring a
14 foot driveway width. He was amazed by the amount of cut and the change in the environment
which will occur and the height of the walls with the widening of the driveway. He asked if the
house was approved to allow the driveway to be grandfathered. The Planning Director felt it
would be difficult to move the project forward in pieces without the fire department approval.
There may be some opportunities to narrow some portions of the driveway to save some of the
trees. It was noted that the arborist report is giving a worst case scenario. Also, it was clarified
that the applicants do not have legal access from O'Keefe Lane.
Planning Commission Minutes
May 24, 2000
Page 2
OPENED PUBLIC HEARING
Approved 6/14/00
Dean An, 11021 Lund Ranch Road, Pleasanton, applicant, thanked everyone for their help and
introduced his family and architect. He was available for questions.
Bruce Lyon, 2551 San Ramon Valley Blvd., San Ramon, project architect, clarified issues
regarding the existing driveway and different options discussed with the fire department (tanks
above grade or hydrant located in pull out). The top of the driveway has a turnaround for vehicle
safety. Preserving the trees is important to both he and the applicants. The civil engineer has
made the driveway safer (visibility). The proposed arborist report indicates saving 20 trees. The
house design met with approval with the previous Town staff (Suzanne Davis and Sheryl Proft)
who encouraged them to use the existing driveway (less disturbance). They are well within the
MDA/MFA requirements. The geologic and geotechnical review has been approved by Cotton,
Shires Associates. He felt that they have complied with all requirements (setbacks, height,
MDA/MFA). Also, they are willing to listen to the neighbors' concerns.
Debbie Chan, 25545 O'Keefe Lane, previously provided a letter to staff and the Commissioners,
noting three main concerns: privacy; view; and protecting the oak trees. She reiterated concerns
as stated in her May 19, 2000 letter with proposed suggestions to alleviate her concerns. She
provided photographs taken from their home. She further questioned condition #4, requesting a
non reflective, darker color roofing material with the color of the house blending into the
surroundings.
Sandy Humphries, Environmental Design Committee, recommended a three to one ratio for oak
tree replacement as the oaks are food for the wild life. She has not seen the arborist report. She
would prefer the use of the existing driveway for less disturbance to the site. She asked that the
house be built around the oak trees, if possible.
RECESSED PUBLIC HEARING
Commissioner Gottlieb felt the site was extremely visible and the design has not been stepped
down with the highest height going down. She referred to the Site Development Ordinance §10-
2.701, 702 and 703 noting the design is not in keeping with the ordinances. She felt they should
spread out the house rather than a partial two story, reworking the driveway and reduce the
lighting (excessive). She had reviewed the site from the neighbor's property, discussing the
reduction of their view. She suggested reducing the second story portions to 22 to 24 feet.
Another concern was the driveway. She would like to see a way to have turnouts without
grading (save trees to reduce visibility). Commissioner Cottrell agreed with the driveway
concerns (save trees, reduce height of retaining walls). He asked if they could grade down to
lower the house to help with the neighbor's view concerns. He did not agree with the high
visibility from across the hill and without a substantial redesign it would be hard to improve the
setbacks. Commissioner Schreiner agreed with the comments. She was not as upset regarding
the driveway design as there needs to be easy access for the fire department (9,000 square foot
home with a 800 foot driveway). She would support another review of the driveway to see if
more trees could be saved. She was disappointed that the applicants and neighbors did not
Planning Commission Minutes Approved 6/14/00
May 24, 2000
Page 3
review the plans earlier in the process (lessen impact). The houses are too close together and too
much view is being blocked. She would like the applicants to work with their neighbors to
review the concerns. She did not feel the ordinances were followed (flat land house) and more
work needed to be done in a compromise fashion with staff and the applicants discussing this
with the fire department Chairman Jinkerson referred to houses on hilltops or ridgelines being
one story although the next door neighbor has a two story house already. The neighbors and
applicants are close to each other but the Chan house is 30 feet from the setback line and closer
to the setback line than the applicants. He could not tell the applicants they need to be more than
30 feet back although they should be apart. He was concerned with the driveway and felt there
should be more thought put into this road and review a reduction in width in some areas. In all
likelihood they will be allowed to build a two story house as described or with some
modifications. However, there seems to be a consensus this should be continued for potential
redesign taking into account the discussion between the applicants and their neighbors (Chan)
prior to the meeting and Commission discussion regarding the driveway and whether or not they
can get the fire department to be flexible regarding the driveway.
Bruce Lyons, architect, had photos of the area available noting the neighbor's looming two story
element with the driveway going right to the setback. Their problem is that they have no area on
their property for landscape screening. The applicant is proposing to provide plantings and trees
for them to minimize any impact at the lower level. He provided a view from the applicant's
driveway and seeing the actual hillside that occurs in the background. He felt they are still able
to see out beyond the applicant's house, over the ridgeline, to a substantial portion of the
ridgeline beyond. He had spent much time on the house design to make it fit with the height of
the grade. He felt it does fit the contours of the slope and spreading it out especially when the
neighbor indicates it is too close to their house would be a problem. He felt their two story
element fit within the height of the grade and the site. He noted the cluster of homes around
O'Keefe Lane which are all very visible. He discussed revisions to increase setbacks. He felt
they could have the revisions completed for the June 14th Commission meeting. Regarding the
driveway, he was also concerned as he had designed a driveway with four foot retaining walls
and protected all the trees, sending it to the civil engineer who made many changes.
Unfortunately, the civil engineer or fire department are not flexible regarding safety.
MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by
Commissioner Cottrell to continue the Public Hearing for the Site Development Permit for a new
residence and pool, Lands of An, 12870 Robleda Road, to 6:00 p.m. June 14'h Planning
Commission meeting taken into consideration the direction provided by the Commission as
follows: siting of house providing more distance between the neighbor's house; lowering the
house; modification of roadway to reduce retaining walls and save trees; and stepping the roofing
down 2 to 2 th feet.
AYES: Chairman Jinkerson, Commissioners Gottlieb, Cottrell & Schreiner
NOES: None
ABSENT: Commissioner Wong
Planning Commission Minutes
May 24, 2000
Page 4
Approved 6/14/00
3.2 LANDS OF NAIR, 24680 Prospect Avenue (330-99-ZP-SD-GD); A request for a
Site Development Permit for a new residence. Applicants requested continuance
to the June 14, 2000 meeting.
PASSED BY CONSENSUS: To continue to the June 14'h Planning Commission meeting.
3.3 LANDS OF NEARY VIDOVICH ASSOCIATES, 28080 Laura Court (Lot 20)
(18-00-ZPSD-GD); A request for a Site Development Permit for a new
residence.
Staff introduced this item by fielding questions regarding the unnatural knoll lot and the
proposed extensive grading of the knoll which will require removal of at least 14 oaks (detailed
in arborist report). Grading for the new residence will include 4,415 cubic yards of cut and 180
cubic yards of fill requiring 4,234 cubic yards of export. Most of the cut will be used to lower
the house and the driveway as much as 10 feet into the site and an additional cut is proposed to
accommodate the basement. The cut would generally be considered excessive but given the
unnatural knoll on the property and the potential benefit of lowering the house into the site, staff
had no objection to the extent of grading in this circumstance. The letter from Mr. Neary
indicates that there was material that was placed here from the previous excavation. Staff could
not tell the Commission how much material or how deep as it would take some geotechnical
work to determine as it was not part of what their geotechnical consultant provided. Borings
would be able to establish how much material is fill and where the natural contours where
located. It was noted that the calculations for average slope were done on the existing
conditions, not after grading. Commissioner Gottlieb comments on the process used in a similar
situation on Finn Lane. Chairman Jinkerson discussed a Moon Lane project where there was
evidence of loose material and, geotechnically, it made more sense to reduce the grade.
OPENED PUBLIC HEARING
John Vidovich, 920 W. Fremont Avenue, Sunnyvale, applicant and developer of the entire
Quarry subdivision, stated he did not know if the mound was natural or not although it appears
unnatural. He discussed the geotechnical exclusion zones encompassing two-thirds of the site
resulting in limited area for house siting. The entire quarry area has been extensively graded.
The grading will set the house down which is preferred. He referred to the staff report noting a
requested change from the flat roofing tile to a curved tile. He noted the need for a skylight
(30) over an interior stair area. He questioned the need for sprinklers as requested by the fire
department. When he developed the property, he was very careful to meet with the old fire
department and water company and went to the expense of putting in a 10 inch steel pipe all the
way from the tank. There is very good fire flow. He did this so whomever lives in the house
would not have to install sprinklers. He would like to review this request with the fire
department. Condition #4 was also in question as the owners will want fencing, probably black
chain link. The subdivision has 80 acres of open space for movement of wildlife around this lot.
He felt it was unfair to the owner not to be able to fence in the property. The fencing will protect
the lot from pathway users otherwise they may just go right through the yard. He asked that the
condition be deleted or have it indicate below 505' elevation. He felt the geologic zones
(conservation easements) where too much of a burden on this lot owner.
Planning Commission Minutes Approved 6/14/00
May 24, 2000
Page 5
Sandy Humphries, Environmental Design Committee, stated that the codes and ordinances
request the least amount of disturbance to the land. The development is right on top of where all
the oak trees are located. However, she understood the constraints of the lot. There are several
oaks toward the east side marked to be removed. The perimeter trees which are not within the
footprint of the structure should be preserved. Chain link fences do not allow for the flow of
wildlife. Someone could have a security fence closer in on their property rather than a perimeter
chain link fence. The path goes around not through this property. She asked the applicants to be
creative regarding the pool area to maintain the oak trees (food source for animals). She opposes
chain link fencing which goes to the ground which inhibits small creature movement.
Bob Stutz, Pathways Committee, stated that the old jeep road which goes behind this building
site was the pathway of choice for many years. However, the pathway location was changes to
go to the southern part of the next lot, coming up between those two lots to get to a higher
elevation which would be approximately 50 feet above this and not intrude into the visible area
of lot 20.
The Planning Director stated typically it is allowed to have perimeter fences aroiund the
conservation easement. He suggested changing some of the wording in condition #4. He also
noted the amount of land set aside in the subdivision as conservation easement/common open
space easement to provide some type of network which exists today.
RECESSED PUBLIC HEARING
Commissioner Schreiner was concerned with the excessive amount of dirt that is being removed.
The concern centers around the knoll and just exactly how much dirt has to be removed in that
particular area. She would prefer a study (boring, etc.) to see how much of the knoll is natural
and/or unnatural. She felt this would impact the siting of the house. The amount of cut is
impacting the surrounding shrubbery and trees. Its cutting into the site to provide a flat surface
for a flat land house without taking into consideration what the natural contours of this area are.
She was not concerned with the vertical element and liked the design of the house although she
would have liked to have seen a one story on the hillside. She was concerned with the number of
trees to be removed and the retaining wall required around the driveway creating more
disturbance to the land than is necessary. Policy limits cut to 8 feet; the proposal is for 10 feet.
She understood the cut is to set the house into the site but at the expense of other things. She felt
the fence issues could be resolved. Commissioner Cottrell agreed. The house design is fine.
There is guess work as to what the land originally looked like. There should be some effort to
save some of the trees. Commissioner Gottlieb asked that the rock terrace be moved out of the
setback, and that the land be restored to the natural grade. The house is nice but should be on a
flat piece of property. Chairman Jinkerson agreed. He is not a fan of chain link fences in the
hills and felt open rail fencing would be more appropriate. He did not feel the letter from Mr.
Neary was very persuasive. Granting excessive cut would set a precedent. He would rather not
see a two story structure but it is only 53% of the coverage. The removal of so many trees
troubled him but it appears that 1/3 to 1/2 of the trees were in poor condition. The landscaping
plan can address this issue. Commissioner Gottlieb would like the application continued for
borings to determine the natural contours. Commissioner Schreiner felt once known, the
Planning Commission Minutes Approved 6/14/00
May 24, 2000
Page 6
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Commission can determine if the cut should be in that area. This should reduce the cut and
excessive grading.
John Vidovich clarified that he was not sure there was fill, in fact, it may not be fill. What he
said was that it was an unnatural appearing up -rise from the side of the hill. It was potentially
caused by a cut in the back. By cutting, you are measuring 10 feet from a peak of a very
unnatural appearing knoll. He will not drill the area because he does not feel it is an issue. The
issue is what is the proper grading regardless if this is natural fill or not. The entire quarry area
was graded in one way or another and has lost its natural contour. If the Commission feels
strongly that the grading is inappropriate he would prefer a denial. He felt the Commission is
focusing on what is native grade rather than what is appropriate for the lot. He also noted that
they had planted approximately 500 oak trees way before the subdivision was approved. This
site is covered in oak trees. He felt a single story house on the knoll would be more visible
because it would be the same height from a distance. By pushing the house back and flattening
the knoll off, you provide setback to the edge of the hill for the house. He also felt the fence
request was reasonable. He requested approval or denial. Commissioner Gottlieb asked Mr.
Vidovich if he wanted them to be subjective on this matter rather than objective. He responded
subjective.
Commissioner Schreiner was concerned that they would be leaving 3 and 4 foot retaining walls
on the back side because they are actually digging down deeper. Mr. Vidovich responded that
the house will be sitting level on the site. In general, they are creating a fairly level area.
Chairman Jinkerson was concerned that they were trying to make the site totally flat as opposed
to making it natural (previous grade). They do not have any data as to what were the natural
contours.
The Planning Director noted if they were just looking at the grading policy specifically, they are
not just 2 feet off because that is where the house goes. But the front yard area would be 4 feet
of cut As Mr. Vidovich stated, this is the best solution to the site given the unusual topography.
Chairman Jinkerson suggested, with concurrence of the Commissioners, a continuance for
redesign to meet the grading policy.
Mr. Vidovich stated this is the plan for this lot. He does not want to redesign. He asked for a
decision: approve or deny.
MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded by
Commissioner Gottlieb to deny a Site Development Permit for a new residence, Lands of Neary
Vidovich Associates, 28080 Laura Court, giving the following reasons: does not meet the
grading policy; lack of specific information regarding the knoll; and excessive impact on trees
due to grading. It was agreed that if the grading policy had been met the application would have
been approved recommending open fencing and a 3 to 1 oak tree replacement.
AYES: Chairman Jinkerson, Commissioners Schreiner, Gottlieb & Cottrell
NOES: None
ABSENT: Commissioner Wong
Planning Commission Minutes
May 24, 2000
Page 7
4. OLD BUSINESS
Approved 6/14/00
4.1 Report from subcommittees. Commissioner Gottlieb thanked the residents who
came to the picnic and participated in the pathway walk. The Pathway Committee will have
more organized walks in the future.
NEW BUSINESS -none
6. REPORT FROM THE CITY COUNCIL MEETING
6.1 No report p for the May 18t' City Council meeting.
6.2 Planning Commission Representative for June 1"—Commissioner Wong
7. APPROVAL OF MINUTES
7.1 Approval of May 10, 2000 minutes
PASSED BY CONSENSUS: To approve the May 10, 2000 minutes with minor changes.
8. REPORT FROM SITE DEVELOPMENT MEETING- MAY 16. 2000
8.1 LANDS OF WONG, 14470 De Bell Road (37-00-ZP-SD); A request for a Site
Development Permit for a landscape screening plan. Approved with conditions.
9. REPORT FROM FAST TRACK MEETINGS- MAY 16 & 23, 2000
9.1 LANDS OF NUENHUIS & BROERING, 12175 Hilltop Drive (89-00-ZP-SD-
GD); A request for a Site Development Permit for a new residence. Scheduled
for June 28' Planning Commission meeting.
9.2 LANDS OF WINDY HILL ASSOCIATES, 12167 Kate Drive (Quarry Hills Lot
13) (322-99-ZP-SD-GD); A request for a Site Development Permit for a new
residence. Approved with conditions May 16, 2000.
9.3 LANDS OF WINDY HILL ASSOCIATES, 12087 Kate Drive (Quarry I -fills Lot
15) (323-99-ZP-SD-GD); A request for a Site Development Permit for a new
residence. Approved with conditions May 16, 2000.
9.4 LANDS OF WINDY HILL ASSOCIATES, 12067 Kate Drive (Quarry Hills Lot
16) (324-99-ZP-SD-GD); A request for a Site Development Permit for a new
residence. Approved with conditions May 16,2000.
Planning Commission Minutes
May 24, 2000
Page 8
Approved 6/14/00
9.5 LANDS OF GIAKOUMIS, 12368 Priscilla Lane (30-00-ZP-SD-GD); A request
for a Site Development Permit for a new residence, pool and gazebo. Continued
to May 30, 2000.
9.6 LANDS OF LAURA COURT ASSOCIATION, 28008 Laura Court (312-99-ZP-
SD-GD); A request for a Site Development Permit for a new residence and pool.
Approved with conditions May 23, 2000.
9.7 LANDS OF VILLENEUVE, 25561 Chapin Road (61-00-ZP-SD); A request for
a Site Development Permit for a new pool, and a two story structure including a
pool house over a garage. The existing garage will be removed. Approved with
conditions May 23, 2000.
10. ADJOURNMENT
Prior to adjournment the Planning Commissioners expressed their sincere appreciation to the
Planning Director, Curtis Williams, whose last day with the Town of Los Altos Hills will be
June 1, 2000, for all his hard work. Commissioner Cottrell stated what a pleasure it has been
working with him and commended him for his efforts on behalf of the Town and the Planning
Commission. All Commissioners agreed. Commissioner Gottlieb felt he has always been very
respectful of both the applicants and the Planning Commission, always presenting them well to
the Council. Sandy Humphries, Environmental Design Committee, felt Mr. Williams was very
caring. He really takes the time to be sure that the people are being taken care of. Chairman
Jinkerson also expressed appreciation of Mr. Williams' ability as a Planning Director, balancing
the needs and resources of a community.
The meeting was adjourned by consensus at 9:30 p.m.
Res ectfully submitted,
Lam Smith
Planning Secretary