HomeMy WebLinkAbout3.1 Town Of Los Altos Hills October 28, 1998
Staff Report to the Planning Commission
RE: REVIEW OF THE PLANNING DIRECTOR'S DECISION TO APPROVE A
SECONDARY DRIVEWAY; LANDS OF SHIDELER; 27994 VIA VENTANA;
FILE#175-98-ZP-SD.
FROM: Suzanne Davis, Associate Planner SD
APPROVED BY: Curtis Williams, Planning Director,
RECOMMENDATION That the Planning Commission:
Approve the request for a site development permit for a secondary driveway over a
private access easement, subject to the recommended conditions in Attachment 1.
CODE REQUIREMENTS
Section 10-2.301(b)(6) of the Site Development Ordinance states that after notice and
public hearing, the Planning Director shall review and act on applications for construction
of a private vehicular access or driveway which results in a new or relocated access point
to a public or private road. The proposed driveway is already existing, but is not
presently paved.
BACKGROUND
On September 15, 1998, a site development hearing was held to consider the subject
application. A number of interested neighbors attended the hea:ing, with both concerns
and support being stated for the project. Following discussion and a presentation by the
applicant, the Planning Director approved the application subject to conditions (see
Attachment 2).
DISCUSSION -
As noted in the minutes of the September 15, 1998 site development hearing, there was
considerable discussion and participation on the part of neighbors who access their
properties from Via Ventana. The majority of neighbors supported the request to pave
the lower portion of the access easement. Concerns about the proposal include
preservation of oak trees, the visual impact of paving the driveway, drainage and safety.
Tree Preservation
The applicants submitted a letter from the project arborist stating that the oak tree on the
Kells/Curtis/Gilbert property would not be adversely impacted (see Attachment 4). The
letter also comments that excavation could damage tree roots, although none is proposed
Planning Commission •
September 15, 1998
Lands of Shideler
Page 2
to complete the driveway. No trees or other vegetation are proposed to be removed to
complete the paving.
Visual Impact
The applicants are proposing to use interlocking pavers for the lower driveway. This
material is not a solid impervious surface as asphalt or concrete would be, and would
allow some water to penetrate through. Stone is a more natural looking material and
would better blend with the surroundings. The Commission may view the pavers that are
stacked on the site, as well as the existing driveway to the Shideler residence which
shows how the paving stones look when installed.
Drainage
The drainage has been designed so that the run-off to the Kells/Curtis/Gilbert property
would not be increased. The driveway would be sloped towards the Shideler's lot and a
drainage ditch would be installed along the driveway to direct runoff along the driveway
to lower Via Ventana. The applicant has submitted a letter which explains the drainage
system in detail (see Attachment 5).-
S afety-
The City Engineer does not believe that paving the driveway within the lower portion of
the access easement presents a significant safety issue if used for ingress only. Signs
stating that the road is one-way would be posted at the lower entrance off Via Ventana,
and at the juncture of the existing driveway to the Shideler residence. There would also
be a gate across the easement so that access is controlled. Because vehicles cannot
legally drive down the lower portion of the easement, there will not be left turns made
across or in front of the median with the oak trees. The Shidelers have agreed not to
place a mailbox or their address at the beginning of the new driveway, so as to not call
attention to it (condition #2). The road is proposed to be paved so there is an all weather
surface and the applicants and other neighbors with rights to the easement have the
convenience to use it to enter their properties from lower Via Ventana. Some neighbors
indicated that there are safety concerns with the upper driveway access due to the sharp
right turn required from Via Ventana.
Lighting
The applicants have not requested to install any lighting either at the entrance or along the
new driveway. Staff has added a condition stating that no lighting has been approved. If
any lighting is desired in the future, it would be required to be reviewed at a site
development hearing so that neighbors would have input.
Staff is available to answer any questions from the Commission or members of the
public. -
Planning Commission •
September 15, 1998
Lands of Shideler
Page 3
ATTACHMENTS
1. Recommended conditions of approval
2. Site Development Hearing Minutes of September 15, 1998 (two pages)
3. Approval letter, dated September 21, 1998 (two pages)
4. Letter from arborist Barrie D. Coate, dated September 18, 1998 (one page)
5. Letter from Jay Shideler regarding drainage, dated September 20, 1998 (one page) •
6. Site development plan (one sheet)
cc: Jay &Jan Shideler
27994 Via Ventana
Los Altos Hills, CA 94022
ATTACHMENT 1
RECOMMENDED CONDITIONS FOR SECONDARY DRIVEWAY WITHIN A
PRIVATE ACCESS EASEMENT
LANDS OF SHIDELER - 27994 VIA VENTANA
1. Any changes or modifications to the approved plans shall be reviewed and
approved by the Planning and Engineering Departments.
2. The property address shall not be placed at the entrance of the private driveway.
3. All required permits shall be issued by the Building Department, prior to
commencement of work on the driveway or gate.
4. The access gate shall have a knox box or other acceptable locking system, as
approved by the Santa Clara County Fire Department, prior to issuance of a
building permit.
5. An encroachment permit shall be obtained from the Town for the work that is
proposed within the public right of way. The completed permit application shall
be submitted and all required fees and deposits paid prior to-commencement of
any work in the public right of way.
6. The proposed driveway approach at Via Ventana Way shall be reduced to a-
maximum curb cut of 20 feet along Via Ventana Way.
7. A "One Way Road, Do Not Enter" sign shall be posted at the driveway near the
location where the private road branches off from the main driveway.
8. A "One Way Road, Private" sign shall be posted at the private driveway near the
location where it branches off from Via Ventana Way.
9. The storm drain system proposed with a six-inch line shall be evaluated by a
registered civil engineer to determine whether it has been adequately sized to
carry a 100 year storm flow. A letter from the project engineer which addresses
the size of the storm drain lines shall be approved by the City Engineer prior to
commencement of work.
10. The driveway shall be designed to slope toward the proposed gutter for its entire
length (the contours from 576 foot downward show it sloping toward the adjacent
property).
11. No outdoor lighting has been approved. If any lighting is desired in the future, a
lighting plan shall be reviewed at a Site Development Hearing with notice to
neighbors across the street from and/or abutting the driveway.
ATTACHMENT 2
Minutes of Site Development Hearing
Tuesday, September 15, 1998
City Council Chambers, Town of Los Altos Hills
3:00 to 4:15 pm
Staff present: Planning Director Curtis Williams, Associate Planner Suzanne Davis
Committee member present: Dexter Hake,Environmental Design &Protection
Neighbors present: Jan &Jay Shideler(applicants), 27994 Via Ventana
Victoria Gilbert &Kathleen Kells, 27990 Via Ventana
Jen-ell Thomas, 27933 Via Ventana
Pearl Abbott, 27899 Via Ventana
Mary E. Compton, 27855 Via Ventana
Anne Ward, 27947 Via Ventana -
Robin Knutson, 27999 Via Ventana
Tita Ware, 27743 Via Ventana
- Staff noted that three letters had been received regarding this application, two insupport
of the request and one voicing concerns. -One letter of support represents owners of three
separate properties (Mr. & Mrs. Walter Babbitt, Mr. & Mrs. Charles Compton & Pearl
Abbott) and the other was from Michael D. Laufer. The letter stating concerns was from
Erik&Victoria Gilbert and Pavel Curtis &Kathleen Kells.
Jay Shideler explained problems that have occurred on his property and along the private
access easement, and went over the proposal to pave a 10 foot wide portion of the
easement to allow ingress from Via Ventana. Paving stones would be used which will
better blend with the environment, no vegetation is to be removed, the road would be
one-way over the lower portion and would be gated to control access. He also addressed
safety concerns.
•
Dexter Hake, Environmental Design & Protection Committee, noted that there are large
oak trees in the area, and that they will all be preserved. The EDP Committee had no
concerns.
Kathleen Kells commented that the issue of using the lower easement road was discussed
during the public hearing process for the Shideler's-new residence and that access was not
allowed at that time.
Mr. Williams noted that the original proposal included access through the median and
cutting the median. Staff does not believe any decisions were made that preclude a
secondary access to the Shideler property or use of the easement.
Site Development Hearing Minutes
September 15, 1998
Page 2
Pearl Abbott stated that the Shidelers have a right to use the easement.
Victoria Gilbert expressed concerns about drainage. She and her housemates had
drainage problems this winter; their property is below the Shideler and Yen properties
and they experienced more runoff than in the past.
Andy Compton pointed out that the original access to the Jones property (now Yen and
Shideler) was from the lower point. The upper driveway isn't the safest location either
(nine homes now access from that point).
Victoria Gilbert wanted to make sure that adding pavement doesn't increase the drainage
problem or direct more water onto her property. Often trucks using the private road can't
make the turn at the bottom of the hill.
Jerrell Thomas lives between the two access points for the private road and supports the
request to pave the lower portion of the easement. Tita Ware is also in favor of the
proposed access.
Staff noted that the City Engineer has not determined that there is a significant safety
issue with the proposed driveway since it is to be used for ingress only.
Robin Knutson, speaking for herself and her mother Jeannine Knutson, wanted to make
sure that the easement continues to be addressed as such, and that the driveway doesn't
become a"road".
Anne Ward asked whether the development area for the new driveway is counted against
the two properties that the road runs over. Staff answered that the development area
would not be counted against any of the property owners with rights to the easement
(Shideler, Yen, Laufer, Capiaux, and Kells/Curtis/Gilbert)
Kathleen Kells suggested the use of other type of pavers for the lower driveway so that it
would be distinguishable from the main driveway and would blend in more and not be as
noticeable. She also expressed a concern about the large oak on her property that would
overhang the paved driveway.
Staff asked the applicants to have an arborist evaluate the oaks along the driveway, to
determine that there would not be any adverse impact to the trees. The applicants stated
that Barrie Coate has already reviewed the plans and the trees, and that they would
request a letter. In addition to evaluating the oaks, the safety issue will be re-evaluated by
the City Engineer.
Conditions of approval were reviewed, and two conditions were added restricting
placement of the address to the upper entrance of the access easement, and requiring Fire
Department approval of the new gate to be placed across the entrance of the lower
easement.
ATTACHMENT '6
•
• LOSALTOS HILLS
Ple47,4014
CALIFORNIA
September 21, 1998 - -
Mr. and Mrs. Shideler
27994 Via Ventana
Los Altos Hills, CA 94022
RE: 175-98-ZP-SD
27994 Via Ventana
Driveway modification
Dear Mr. and Mrs. Shideler:
Your request for a Site. Development Permit-for the above referenced project was
approved at the Site Development meeting of September 15, 1998. Please note the
following conditions which apply to this approval:
1. Any changes or modifications to the approved plans shall be reviewed and
approved by the Planning and Engineering Departments.
2. The property address shall not be placed at the entrance of the private driveway.
3. All required permits shall be issued by the Building Department, prior to
commencement of work on the driveway or gate.
4. The gate shall be approved by the Santa Clara County Fire Department, prior to
issuance of a building permit.
5. A letter shall be submitted from a certified arborist that addresses the impact to
trees along the new driveway and includes any recommended preservation
measures, prior to issuance of any building permits.
6. An encroachment permit shall be obtained from the Town for the work that is
proposed within the public right of way. The completed permit application shall
be submitted and all required fees and deposits paid prior to commencement of
any work in the public right of way.
26379 Fremont Road
Los Altos Hills
California 94022
650 / 941 -7222
Fax 650/941-3160 -
Mr. and Mrs. Shideler
September 21, 1998
Page 2
7. The proposed driveway approach at Via Ventana Way shall be reduced to a
maximum curb cut of 20 feet along Via Ventana Way.
8. A "One Way Road, Do Not Enter" sign shall be posted at the driveway near the
location where the private road branches off from the main driveway.
9. A "One Way Road, Private" sign shall be posted at the private driveway near the
location where it branches off from Via Ventana Way.
10. The storm drain system proposed with a six-inch line shall be evaluated by a
registered civil engineer to determine whether it has been adequately sized to
carry a 100 year storm flow. A letter from the project engineer which addresses
the size of the storm drain lines shall be approved by the City Engineer prior to
,commencement of work.
11, The driveway shall be designed to slope toward the proposed gutter for its entire
length (the contours from-576' downward show it sloping toward the adjacent
property).
Upon completion of construction, a final inspection shall be set with the Planning _
Department and the Engineering Department at least two weeks prior to final building-
inspection approval.
This approval is valid for one year from the date of this notice (September 15, 1999). All
required building permits must be obtained within that year and work on items not
requiring permits shall be commenced within one year and completed within two years.
Please contact the Planning Department at 941-7222 if you have any questions.
Sincerely,
naiVI S
Suzanne Davis
Associate Planner
Enc.: Approved plans
cc: Planning Commission
Chair,Environmental Design and Protection Committee
"i ir .03ii4“;11i 1
BARRIE D. COATE
and ASSOCIATES
Horticultural Consultants
408-353-1052 /7,3
St7.P.,4? Fax 408-353-1238
23535 Summit Road,Los Gatos,CA 95033 :
2..7Thr' • ,
September 18, 1998
Jay Shideler
27994 Via Ventana
Los Altos Hills,CA 94022
Re: 27994 Via Ventana
Paving driveway within private easement
Dear Mr. Shideler,
• _
As we discussed in 1996 placing paving stones on top of existing grade on Your driveway_
will not have a negative affect on the 19" diameter oak tree on the adjacent property.
•
d - ,
• -- If excavation were necessary to install that paving surface,it would damage some
absorbing roots,but.I understand that no excavation will be involved.
Sincerely,
Ariritzt,4 6,106
Barrie D. Coate
Copy to:
Suzanne Davis,Planner
City of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Fax 650\941-3160
r-f°:
SEP-21-98 08 :54 AM JAY SHIDELER 650 941 5882 P. 01
1)7 )-42-
Jay
-2.Jay A. Shideler
27994 Via Ventana
Los Altos Hills, CA 94022
Ph, 650-941-2349
Fax 650-941-5882
September 20, 1998
Sheryl Proft
Assistant Engineer
Los Altos Hills Town Hall
26379 Fremont Road
Los Altos Hills, CA 94022
RE: Completion of paver stone and drainage
Dear Sheryl: -
I am happy to say that I am finally done with the paver stone application and the
drainage. The PG&E transformer has been moved and all of the work associated with it
has been done. Concerning the drainage, I have gone beyond what is necessary to
account for even the 100 years flood condition(cloud burst while the soil is super
saturated). Here's how it is works:
An 8"drain pipe has been placed under the road and extends to the first drain catch basin.
From that point onward, the affluent rain runoff is carried through a 6"diameter drain
pipe which empties just in front of the storm sewer located at the intersection of Page
Mill Rd. and Via Ventana. The 6"drain-pipe will handle any affluent runoff particularly
because the grade creates a significant"head"to enhance the transfer flow of water. Any
runoff from the lower easement road will run into three drainage catch basins
interspersed along this drain-pipe. Since the road has been regraded to slope into the
hillside the runoff from the road will be caught in these catch basins. The drainage ditch
running above the drain-pipe has been graveled to handle the direct runoff while
preventing significant erosion. For the 100-yrs flood condition mentioned above(worst
than the cloud burst with saturated soil condition witnessed by your's truly last winter
during El Nino), if the 6" drain pipe is insignificant to handle the temporary runoff, the
excess runoff flowing through the 8"drain pipe that cannot be ducted away via the 6"
drain pipe will be forced up through the catch basin louvers and down the drainage ditch
until it reaches Via Ventana. In this mariner, there will never be a situation where excess
water will run over the edge of the road into the neighbor's yard.
I believe that the erosion and mud problem witnessed last winter has now been totally
solved. The entire road has been base-rocked and with the above mentioned other
drainage improvements, erosion should be a thing of the past. Particularly if the Town
SEP-21-98 08 :55 AM JAY SHIDELER 650 941 5882
P. 02
1')2-z
will allow me to pave a ten foot wide road with paver stones, latent erosion will not
occur.
The meeting we had with the staff last week went pretty well. It was my understanding
that if the safety engineer approves the road proposal and if Barrie Coate writes a letter
stating that paver stones will not adversely affect the 19"oak tree spaced 22 feet away on
the neighbor's yard, then a permit will mostly be issued for me.to continue installing the
paver stones. I am faxing to you the letter from Barrie Coate.
Please inspect the drainage and paver stone application on the driveway and the upper
easement road ASAP so that we can getour bond back.
Regards,
/1377- 7)
Jay A. Shideler
C e .1‘./PA-s‘ CEJ /,4 s
an' vis