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HomeMy WebLinkAboutItem 7.17.1 Minutes of a Regular Meeting DaAeT Town of Los Altos Hills PLANNING COMMISSION THURSDAY, July 17,2008,7:00 p.m. Council Chambers, 26379 Fremont Road ROLL CALL AND PLEDGE OF ALLEGIANCE The regular meeting of the Planning Commission was called to order at 7:00 p.m. in the Council Chambers at Town Hall. Present: Chairman Carey, Commissioners Cottrell, Clow, Collins, Harpootlian and Abraham Staff: Debbie Pedro, Planning Director; Brian Froelich, Associate Planner; Nicole Horvitz, Assistant Planner; Karen Jost, City Clerk and Victoria Ortland, Planning Secretary 2. ADMINISTRATION OF THE OATH OF ALLEGIANCE AND SEATING OF THE NEWLY APPOINTED PLANNING COMMISSIONERS Chairman Carey was presented with gifts for his term on the Planning Commission and service as Planning Commission Chairman. Karen Jost, City Clerk, administered the oath of allegiance to Ray Collins and Eric Clow as reappointed members and Jim Abraham as newly appointed member of the Planning Commission. RE -ORGANIZATION OF THE PLANNING COMMISSION MOTION SECONDED AND PASSED BY CONSENSUS: Motion by Commissioner Clow and seconded by Commissioner Abraham nominating John Harpootlian as Planning Commission Chairman for a one year term. MOTION MOVED AND FAILED DUE TO LACK OF SECOND: Motion by Commissioner Clow nominating Jim Abraham as Planning Commission Vice -Chairman for a one year term. MOTION SECONDED AND PASSED BY CONSENSUS: Motion by Commissioner Cottrell and seconded by Commissioner Collins nominating Eric Clow as Planning Commission Vice - Chairman for a one year term. 4. PRESENTATIONS FROM THE FLOOR — none Planning Commission Minutes July 17, 2008 Page 2 PUBLIC HEARINGS DRAFT 5.1 LANDS OF ROELANDTS, 26401 Eshner Court, File #255-07-ZP-SD-GD; A request for a Site Development Permit for a 5,735 square foot two story new residence with a 2,845 square foot basement (maximum height: 29'). CEQA Review: Categorical Exemption per Section 15303 (a) (Staff -Nicole Horvitz). Planning Commission Ex Parte Contacts Policy Disclosure: Commissioner Clow visited the site, spoke to the applicant and a neighbor; Commissioners Abraham, Collins and Cottrell visited the site and Chairman Harpootlian visited the site and spoke to a neighbor. Nicole Horvitz, Assistant Planner, presented the staff report stating that the project site on Eshner Court is a vacant 1.34 acre lot with a 20 percent average slope. A new residence with a basement is proposed with increased setbacks to accommodate the 29'6" building height of the structure. Grading policy exceptions are proposed for the rear and side of the structure. At the back of the house a 12'6" cut for the lightwell and a 12' cut for the house was proposed which would create a 24'6" high retaining wall and a nine feet wide lightwell. The lightwell on the side of the house would be up to 11' wide. Two heritage oak trees in the vicinity of the detached garage were proposed for removal. Eight heritage oaks may be impacted by the rear lightwell and new residence construction. MOTION SECONDED AND PASSED BY CONSENSUS: Motion made by Commissioner Clow and seconded by Commissioner Abraham to limit comment time for the applicant's Presentation to ten minutes, applicant final comment response time to three minutes and public comment time to three minutes. Commissioner Cottrell remarked that there are instances during public hearings when the Chairman may allow the time limitations to be flexible. Shad Shakralla, project manager, stated that this is a heavily wooded site and the two oaks Proposed for removal are not ideal specimens and would be replaced by six new trees. The impact on the trees affected by the lightwell excavation should be minimal due to their root structure and the mitigation measures planned to protect them. The garage was designed as a separate structure to allow the basement and garage to conform to the Town's ordinances. Shad explained that their geotechnical consultant had identified two landslide areas on the property and recommended the residence should be located 30 feet back from the landslide limits. The Position of the house is limited by property line setbacks, the landslide setbacks and the location of the oak trees. Anthony Matisi, architect, explained that the proposed design situated the house in the most strategic location on the site for the benefit of the homeowners and the neighbors. Commissioner Collins and Cottrell felt the house could be moved forward and the garage switched to the other side of the lot. Commissioner Cottrell asked if terracing of the rear retaining wall had been considered. Planning Commission Minutes DRAFT July 17, 2008 Page 3 Commissioner Abraham commented that he felt that the reason for the large lightwells at the basement level was to avoid counting the area in the MFA calculations. Commissioner Collins asked why such a wide lightwell was needed. Shad Shakralla said the proposed cut for the lightwell was to bring more light and a feeling of openness to the back of the house. Commissioner Clow asked why the garage was located on the south side of the house and not the north side. The two heritage oak trees would not need to be removed if the garage was built on the north side of the lot. Keeping the two oak trees would provide screening of the new residence from the Cleary's home on Silent Hills Lane. Shad Shakralla explained that locating the garage on the south side of the house made more design sense. The new house would possibly be under the canopy of the two trees even if the garage was not in that location. He felt that adequate screening could be provided at the time of the landscape screening plan. Commissioner Cottrell asked if the garage could be located closer to the landslide line. Shad Shakralla felt that the geotechnical consultant would not be agreeable to moving the garage closer to the landslide and the house could not be moved toward the front of the lot without raising the height of the house. Chairman Harpootlian asked staff if the inability to move the house because of the landslide setback had been discussed previously. Debbie Pedro said that the Town's geotechnical consultant had not commented on the potential of moving the house within the landside setback. Chairman Harpoothan asked about the use of the 500 square foot development area solar bonus and effectiveness of the solar panels placed in the northwest location of the roof. Shad Shakralla explained that the decision for the location of the panels had been made after a neighbor on Julietta Lane had concerns over possible view of the solar panels from their property. The solar panels were moved to accommodate the neighbor. Commissioner Abraham stated that solar panels installed in that location would not function well. Chairman Harpoothan said that there must be a location on the roof for the solar panels to be installed where the sun would shine on them. Commissioner Abraham asked the reason why the garage was changed from the previous location in the basement. Planning Commission Minutes DRAFT July 17, 2008 Page 4 Shad Shakralla replied that the garage had been removed from the basement to the detached location outside of the residence because the basement then would not be counted as floor area. Commissioner Abraham said that even though the garage is not technically connected to the main structure, the view from the street makes the residence appear as a three story structure with a height of 38'6". Chairman Harpootlain felt that more than 50 percent of the basement was exposed and so did not meet Basement Ordinance guidelines. He wondered if the entire level should be counted as floor area. Willem Roclandts, applicant, stated that the basement was totally underground. OPENED PUBLIC HEARING Charlie Perrell, Eshner Court, liked the design and location of the proposed house and garage. He asked that the contractors follow the Town's construction hours, keep the neighborhood free of litter, practice fire safety, use precautions to prevent disruption of underground utility services and restore Eshner Court and the pathway to preconstruction condition. Ginger Summitt, Lenox Way, expressed concern over the danger presented by the deep cut in the hillside for the rear lightwell. It would present a safety hazard for people and animals that may fall 24 feet down onto the hard surface. Sandy Humphries, Fremont Road, asked if the Town had abandoned the idea of requesting that homes fit with the land. In the past, homes were designed to "step up" with the hillside rather than be straight up in the back. She felt that if the proposed garage was moved to the other side of the site and the house "stepped up" with the hillside, the residence would better fit the property and the trees may not need to be removed. Chairman Harpootlian commented that unintended consequences had come with passage of the Basement Ordinance that allowed designers to present interesting alternatives to gain floor area. Nancy Girton, Natoma Road, felt that moving the house would help it stay within the grading guidelines. Chi-Foon Chan, Julietta Lane, explained that his property shares approximately 200 feet of property boundary with the Roclandts. The master bedroom, bathroom and music room of his home face the site and new house. He requested that the existing trees that screen his home from the proposed residence remain on the site to provide privacy. More screening trees should be planted but not so to block the other neighbor's views. Terry Oldberg, Julietta Lane, expressed concern in preserving the view of the Santa Clara Valley from his home. He said that replacing the two heritage oaks proposed to be removed with six more oak trees would not be in his favor and would not conform to the Town's View Ordinance. He felt there were better choices for landscape screening than oak trees for the Roelandt's project Planning Commission Minutes DRAFT July 17, 2008 Page 5 Vicki Oldberg, Julietla Lane, said the view from her home was a panorama of the bay. She has seen many oak trees grow up over the years and is very conscious of the potential growth rate of the oak trees. Planning now to prevent the height of the trees from blocking the view is much better than future pruning. She did not want the solar panels to be visible from her house. Shad Shakralla stated that he would be happy to work with the Oldbergs, the Charts and staff to locate the replacement trees. The solar panels would be located in an area to allow them to be useful. CLOSED PUBLIC HEARING Chairman Harpoothan felt there was a question of the meaning of the term "wholly underground" in the Basement Ordinance. The proposed house looked like a three story structure. He did not read the Basement Ordinance to allow that type of design. Commissioner Cottrell felt the project was testing the limits of the Planning Commission for allowing grading exceptions. The project should be continued to allow the applicant to make design changes. The house could be moved forward and to the side of the site to reduce some of the grading in the back, the retaining walls could be terraced, the lightwells made standard and the garage relocated. Commissioner Collins agreed and thought it was possible to design the project to more closely to follow the Town's ordinances. The house could be moved forward and the lightwells narrowed to the minimum in depth and length. The neighbors can work together to develop a landscape screening plan. Roof mounted solar panel installations are encouraged by the Town and rewarded with a development area bonus but the systems should work to reduce energy usage in the residence. Commissioner Abraham concurred and would like the applicants to return with a plan that has the house positioned further down the hill. He was concerned for the health of the trees that abut the retaining wall and the damage that might be caused to the root systems during construction. He felt the location of the garage gave the house a three story appearance and could be moved elsewhere on the site. He hoped a plan that was more consistent with the grading policy would be designed. Commissioner Clow agreed and stated that approving the requested grading policy exception would set a precedent for the Town. Standard lightwells and placing the house against the hillside could be possible. The solar panels should be placed in a location on the roof to be functional without cutting limbs off the oak trees. Chairman Harpootlian reiterated concern for the oak trees abutting the 24' high rear wall and suggested the possibility of moving the house and wall forward. He didn't agree with removal of the two oaks in the front of the house to accommodate the garage, which could be relocated. Terracing of the rear wall was possible. He thought the incremental use of an intended safety measure (the lightwell) to basically add an entire floor above ground was cause for concern. Planning Commission Minutes DRAFT July 17, 2008 Page 6 MOTION SECONDED AND PASSED BY CONSENSUS: Motion made by Commissioner Cottrell and seconded by Commissioner Collins to continue the project, if the applicant is willing, and return with a modified plan to a later date. AYES: Commissioners Abraham, Clow, Collins, Cottrell and Chairman Harpootlian NOES: none 5.2 LANDS OF BURGER, 11580 Old Ranch Road, File #12-08-ZP-SD-GD; A request for a Site Development Permit for a 5,833 square foot new residence with a 1,322 square foot basement (maximum height: 27 feet). CEQA Review: Categorical Exemption per Section 15303 (a) (Staff -Brian Froelich). Planning Commission Ex Parte Contacts Policy Disclosure: Commissioner Clow had spoken to a neighbor. Brian Froelich, Associate Planner, presented the staff report for the project. The existing residence, driveway and swimming pool are proposed to be demolished and replaced. The site constraints include a 15 foot wide equestrian easement that runs along the southern and eastern boundaries of the property. Perimeter mature trees are on the site and two non -heritage size oak trees and one walnut tree are proposed for removal. The new residence will be located in the same area as the existing house. The new swimming pool will be behind the house slightly downhill of the current pool on the same level as the daylighted basement. The proposal met all zoning and site development requirements. A grading exception of five feet is requested as the cut depth for access to the backyard from the daylighted basement. The size of the grading policy exception is 584 square feet. The applicant had obtained eight signatures from neighbors supporting the design and the benefit of the reduction in the bulk of the new residence. Commissioner Cottrell asked if the existing equestrian easement was written in the property deed as being restricted to use by the original development only and that a Town pathway does not currently exist. Brian Froelich confirmed the Commissioner's statement and that the recommendation of the Pathways Committee is to create a public pathway easement. Commissioner Abraham did not think it was proper to require the public pathway easement because the pathway is not shown on the master Pathways Map. Chairman Harpootlian asked about the 20 percent slope for a section of the driveway. Brian Froelich replied that the driveway design had been approved by the Fire Department. Zack Bums, architect, said that the new residence was designed around the existing 22" heritage oak. The views from neighboring properties will not be affected by the new house as the finished floor will be 18" lower than the existing house. Neighborhood outreach had been conducted and eight neighbors had given support of the project. Zack Burns explained his understanding of the existing private equestrian easement as a use agreement among the neighborhood's land owners who kept horses. He claimed the equestrian Planning Commission Minutes DRAFT July 17, 2008 Page 7 easement had not been used for years and is not maintained. The Pathways Committee had requested a 10' dedication for a public pathway easement. Commissioner Cottrell requested that the pathways easement be voted with a separate motion and the Planning Commission agreed. OPENED PUBLIC HEARING Ginger Summitt, Pathways Committee, explained that the area east of Ravensbury Avenue was subdivided prior to the Town's incorporation and annexed into Los Altos Hills in 2002. At that time the Master Pathways Plan review was in the end stages and the annexed properties were not examined. In reviewing this project, it was discovered that the original developer had put in place the private equestrian easement. The easement is contiguous along all the properties and connects Magdalena Avenue to Ravensbury Avenue. The pathway has been used in the past by equestrians and pedestrians but is now overgrown. John Burger, applicant, thought the equestrian easement has not been used. The pathway easement would be visible from his house and backyard and would be an invasion of his privacy. Commissioner Abraham asked if John Burger would rather not have a public easement. John Burger replied that he would rather not have the public easement. CLOSED PUBLIC HEARING Commissioner Abraham thought the applicants had been sensitive to the neighbors and environment and would have a beautiful home when completed. Commissioners Clow and Cottrell concurred. Commissioner Collins supported the requested grading policy exception as the square footage involved was reasonable. Chairman Harpoothan felt the house blended into the hillside very well and was an efficient use of the land. MOTION SECONDED AND PASSED BY CONSENSUS: Motion made by Commissioner Cottrell and seconded by Commissioner Clow to approve the requested site development permit excluding decision on the pathway easement. AYES: Commissioners Collins, Clow, Cottrell, Abraham and Chairman Harpoothan NOES: none Chairman Harpoothan requested discussion on the pathway easement. Commissioner Abraham stated that the existing 15' wide equestrian easement is a private easement for use by the people in the subdivision. The area was annexed in 2002 and the last Master Pathways map created in 2005. Town ordinances specify that if a pathway easement is Planning Commission Minutes DRAFT July 17, 2008 Page 8 requested, it must be shown on the Master Pathways map. He does not feel there is a justifiable reason for asking for the public easement dedication. Commissioner Clow felt that converting the existing neighborhood equestrian easement to a standard pathway easement for the Town is appropriate and not substantially different from the current easement. Commissioner Cottrell said he was not opposed to pathway easements but he believed that a Master Plan was needed for the area. The Pathways Committee had the responsibility to develop a proposal for pathways in the area to help provide guidance regarding requested easements. He objected to asking for the pathway easement. Commissioner Collins felt that requesting a pathway easement was consistent with the process of connecting neighborhoods by way of the pathways in the Los Altos Hills. The pathways system is an overall part of belonging to the Town. Chairman Harpoothan said the Pathways Committee should examine the area for possible inclusion in the Master Pathways map. The current equestrian easement has fallen into disuse but many neighborhood residents utilize the pathways system regularly. This easement could help connect dead end streets and the easement should be granted to the Town. John Komo, general contractor for the applicant, commented that he had lived at the end of Putter Way (near the easement's end) and felt it was not a practical way to access that street. He thought the applicant's privacy would be substantially affected by the easement's location on the property. Sandra Humphries, Fremont Road, said that off road pathways serve as escape routes during wildfires. Zack Bums stated that fences had been erected across the easement on neighboring properties that would affect the ability of the easement to be used as an escape route or pathway. Commissioner Abraham said that the easement had probably not been used for 30 years or more. The Town's Ordinances and processes were not being followed in asking for a pathway easement in a place where there was nothing before. The pathway is not shown on the Master Pathways map. He felt that asking for the easement was not a proper request. MOTION SECONDED AND PASSED BY THE FOLLOWING ROLL CALL VOTE: Motion made by Commissioner Collins and seconded by Commissioner Clow to approve the pathway easement requirement as requested for the Site Development Permit. AYES: Commissioners Collins and Clow, Chairman Harpoothan NOES: Commissioners Abraham and Cottrell This item is subject to a 22 day appeal period and will be forwarded to a future meeting of the City Council. Planning Commission Minutes DRAFT July 17, 2008 Page 9 6. OLD BUSINESS 6.1 Water Conservation Sub -Committee Report — Commissioner Harpootlian 7. NEW BUSINESS 7.1 Consideration to amend Title 8, Building Regulations of the Los Altos Hills Municipal Code to add a new chapter 8-1.3, Green Building Regulations Debbie Pedro, Planning Director, presented the staff report outlining the basics of green building construction and the GreenPoint and LEED rating systems. In May 2008, the City Council directed staff to prepare a Green Building Ordinance that prescribed mandatory compliance for new public facilities and new residences. The proposed ordinance includes incentives for new residence construction and a voluntary program for home remodels and additions. Raj Reddy, Environmental Initiatives Committee, said that green building practices are a common sense, responsible method of construction. Energy and water use savings are gained by following the practices as well as reduction in adverse environmental impact. The EIC felt that Los Altos Hills should take a leadership role in setting an example for other communities in green building construction. Ginger Summit, Lennox Way, commented on the significant reduction in energy consumption at her home after the installation of a solar panel system. Rich Larson, Berkshire Drive, supported the Green Building Ordinance and encouraged the Planning Commission to support it also. Commissioner Abraham suggested that the initial program be voluntary. Commissioner Clow felt having the checklist would be a positive step but did not want the program to become overly bureaucratic. Commissioner Cottrell and Collins supported the ordinance but had concerns about the incentive structure. Chairman Harpootlain supported the Green Building Ordinance. MOTION SECONDED, AMENDED AND PASSED BY THE FOLLOWING ROLL CALL VOTE: Motion made by Commissioner Cottrell and seconded by Commissioner Abraham to forward a recommendation to the City Council to adopt the draft ordinance amending Title 8, Building Regulations of the Los Altos Hills Municipal Code, including a voluntary program with incentives for home remodels and guidelines to keep a common sense attitude regarding the program. AYES: Commissioners Abraham, Collins, Clow and Cottrell, Chairman Harpootlian NOES: none This item will be forwarded to a future meeting of the City Council Planning Commission Minutes DRAFT July 17, 2008 Page 10 7.2 Consideration of Planning Commission Meeting Schedule for August 2008 The regular Planning Commission meeting scheduled for August 7 was rescheduled to August 21.2008. 7.3 City Council Attendance Schedule 8. REPORT FROM THE CITY COUNCIL MEETING 8.1 Planning Commission Representative for June 1 la' — Commissioner Cottrell 8.2 Planning Commission Representative for June 26th — Cancelled 8.3 Planning Commission Representative for July 1& — Commissioner Harpootlian 8.4 Planning Commission Representative for July 24th — Commissioner Collins 8.5 Planning Commission Representative for August 14th — Cancelled 9. APPROVAL OF MINUTES 9.1 Approval of June 5, 2008 minutes MOTION SECONDED AND PASSED: Motion by Commissioner Collins and seconded by Commissioner Cottrell to approve the June 5, 2008 minutes as presented. AYES: Commissioners Collins, Clow and Cottrell, Chairman Harpootlian NOES: none ABSTAIN: Commissioner Abraham 10. REPORTS FROM FAST TRACK MEETING — JUNE 10 AND JULY 1, 2008 10.1 LANDS OF CEDAR, 13300 East Sunset Drive; File #277-07-ZP-SD- GD; A request for a Site Development Permit for a new 4,643 square foot residence (maximum height 25'8') with a 1,548 square foot basement, and 836 square foot swimming pool. CEQA Review: 15303 (a) & (e) (staff -Nicole Horvitz) (Approved with conditions). 10.2 LANDS OF AHSAN, LLC, 27500 Edgerton Road; File #3-07-ZP-SD- GD; A request for a Site Development Permit for a new 4,410 square foot single -story residence (maximum height: 21 feet) and a 2,972 square foot basement. CEQA Review: Categorical Exemption per Section 15303(a) (staff -Brian Froelich) (Approved with conditions). 10.3 LANDS OF AUDIO, LLC, 26989 Beaver Lane, File #40-08-ZP-SD-GD; A request for a Site Development Permit for a new 4,972 square foot two story residence with a roof deck (maximum height: 25'feet). CEQA Review: Categorical Exemption per Section 15303(a) (staff -Nicole Horvitz) (Approved with conditions). Planning Commission Minutes DRAFT July 17, 2008 Page 11 11. REPORT FROM SITE DEVELOPMENT MEETING —JUNE 10 AND 24, 2008 11.1 LANDS OF DESIGNED ENVIRON, 24800 Tiare Lane; File #94-08-ZP- SD; A request for a Site Development Permit for landscape screening for a new 4,996 square foot two story residence approved on July 24, 2007. CEQA review: Categorical Exemption per Section 15304 (b) (Staff - Nicole Horvitz) (Approved with conditions). 11.2 LANDS OF NAGARAJ, 25769 Elena Road; File 489-08-ZP-SD; A request for a Site Development Permit for landscape screening for a 608 square foot addition approved on November 25, 2003. CEQA review: Categorical Exemption per Section 15304 (b) (Staff -Nicole Horvitz) (Approved with conditions). 11.3 LANDS OF PAPOULIAS, 26101 Maurer Lane; File #231-07-ZP-SD; A request for a Site Development Permit for landscape screening for a 1,629 square foot addition and 420 square foot pool house approved on April 4, 2006. CEQA review: Categorical Exemption per Section 15304 (b) (Staff -Nicole Horvitz) (Approved with conditions). 11.4 LANDS OF LEGATES, 11308 Magdalena Road; File #66-08-ZP-SD; A request for a Site Development Permit for landscape screening and new 900 square foot swimming pool. CEQA review: Categorical Exemption per Section 15304 (b) & 15303 (e) (Staff -Nicole Horvitz) (Approved with conditions). 11.5 LANDS OF RYAN, 26023 Alicante Lane; File #98-08-ZP-SD; A request for a Site Development Permit for landscape screening of a new 2,075 square foot residence approved on October 9, 2007. CEQA review: Categorical Exemption per Section 15304 (b) (Staff -Brian Froelich) (Approved with conditions). 11.6 LANDS OF KORMAN, 14411 Kingsley Way; File #88-08-ZP-SD-GD; A request for a Site Development Permit for a new 1,375 square foot swimming pool and spa. CEQA review: Categorical Exemption per Section 15303 (e) (Staff -Brian Froelich) (Approved with conditions). 12. ADJOURNMENT The meeting was adjourned by consensus at 10:08 p.m. Respectfully submitted, Victoria Ortland Planning Secretary