HomeMy WebLinkAbout04/10/1991PLANNING COMMISSION
4r' MINUTES OF THE REGULAR MEETING
TOWN OF LOS ALTOS HILLS
26379 FREMONT ROAD
LOS ALTOS HILLS, CALIFORNIA
WEDNESDAY, APRIL 10TH, 1991
cc: Cassettes #6-91(1) and 6-91(2)
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Present: Chairman Jones and Commissioners Carico, Comiso, Ellinger, Noel, Pahl
Absent: Commissioner Stutz
Staff: Bill Ekern, Director of Public Works; Margaret Netto, Planning
Consultant; Laura Johnson, Planning Secretary
2. PRESENTATIONS FROM THE FLOOR
There were no presentations from the Floor.
3. PUBLIC HEARINGS
Planning Commission Disclosures
There were no disclosures.
3.1 LANDS OF LIU, 28635 Matadero Creek Court (Lot #16): A request for a Site
Development permit for a new residence.
Bill Ekern introduced this item, noting Staff's recommendation of denial. He noted
the Subdivision condition for the lot, that the residence be low profile, and outlined
concerns with the proposed development: the elements of the house are all
vertical, the windows, the pitch of the roof, are not attempting to lie with the land;
the absence of substantial overhang results in lack of shadowing, and the decks
which can suggest horizontal are very vertical with balustrades as proposed.
Commissioner Pahl referred to a vertically oriented house that was approved by the
Planning Commission, which Staff recommended approval of, and questioned
Staff's apparent inconsistency between it and this "quasi -horizontal" house. Mr.
Ekern clarified that the site Commissioner Pahl referred to did not have high
visibility from all over Town, it was below the rise of a hill, and while there were
two strong vertical aspects Staff did express concern with, the house was buffered by
existing vegetation along the front of the property and on adjacent sites. He also
noted it was the intent of the Subdivision condition that the Liu house needs to do
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more to work with the land; this was not a condition of the Emerald Hill
Subdivision of comparison. He noted the constraints on the site, with the
maximum development proposed, have squeezed the house into the vertical.
In response to a question from Commissioner Carico, Mr. Ekern clarified that when
the City Council relieved the 'prairie style' condition of Matadero Creek Subdivision
lots 16 and 18, there was no specific discussion of 'low -profile'; however, the
language was specifically not removed.
In response to a question from Commissioner Ettinger, Mr. Ekern noted the project
engineer's proposal for addressing storm water funnels all water into one place,
requiring an artificial structure. He noted it was a good technical solution to
drainage concerns, however it puts a burden on the property owner to maintain the
structures and not cause long term damage downstream. It is important to consider
whether this proposal, which complies with the letter of the law, is adequate and is
what the Town is looking for.
The Public Hearing was opened
Bill Kull, Giuliani and Kull, project civil engineer, noted that at the Planning
kw Commission Site Development Committee meeting, Staff had indicated that a
storm water detention pond was not necessarily a requirement of this permit;
consequently, with the latest application, it is not proposed. He noted the idea of
storing and reusing storm water has merit, but to specifically isolate one project and
expect the applicant to come up with a prototype creates a burden on the property
owner. He felt there were a number of policy issues that needed to be addressed by
the Commission and City Council including consideration of where the excess water
is to go, how it is to be stored, above or underground, how large, should it be fenced,
if closed is it necessary it be treated, and how to identify reclaimed water systems to
homeowners, kids, animals. He suggested the Commission and Council direct Staff
to prepare a study using the concept of reclaimed water to establish a design
standard.
He noted concern with Condition #2, requiring redesign, and wished to proceed
utilizing the proposed closed system to interconnect with the approved and
established subdivision improvements.
In response to a question from Commissioner Pahl, Bill Kull noted storm drainage
facilities, different from the norm, have been required on other projects he has
worked on in Town. He felt there were too many unknowns Staff didn't have the
answers for.
kW Bill Ekern noted Staff had spoken with Mr. Kull and other engineers about the
problems inherent in developing single lot systems to address a Town wide
problem. Federal legislation is rapidly approaching that requirement. He noted he
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hadn't seen the latest submittal, and had addressed the detention pond proposal. He
noted the current proposal included some grading for drainage swales to direct the
water, and questioned why most of the water can't be contained in swales, thus
allowing it to move across the land in a natural way, with some percolating into the
ground, and some running off.
Pong Ng, project architect, noted that in relation to the top of the road the finished
floor was about 14' below the pavement, and was located in approximately the same
location as the residence next door. He noted every attempt was made to keep the
front of the house one story: The plate height was squashed compared to the length
of the house. The entry canopy was designed to break up the front of the house.
The majority of the two story element is tucked below the slope, only the second
story deck is visible. The maximum height of the house from grade to roof peak is
24'8", and the maximum overall height from the lowest to highest points is 32'8".
Also, there is substantial floor area and development area square footage remaining
as they are not attempting to pack development onto the property.
Mr. Ng presented a revised driveway configuration, noting the need to bring visitors
to the front of the house. Commissioner Pahl noted there was no specific policy
against circular driveways where necessary.
Mr. Ng referred to the procedure to remove the 'prairie style' condition of the
subdivision noted the neighbors' testimony that they liked they house, he
understood a number of commissioners and councilmembers liked the design of
the house, and the Matadero Creek Architectural Review Committee liked the
house.
Leonard Liu, applicant, expressed his appreciation of the Commission's efforts. He
noted his frustration with the process, which had begun three years ago, stating that
he had understood originally that if he built a house similar to the neighboring
Green residence, there would be no problems. He noted he had worked with the
Matadero Creek Architectural Review Committee and neighborhood who approved
of his plans and had not expressed any concerns that it was too high or would block
views.
Commissioner Carico noted the Planning Commission and Staff were there to
protect him as well as his neighbors and were not entertaining any form of
victimization.
The Public Hearing was closed.
Commissioner Ellinger noted he lived on Matadero Creek Lane, though not within
the disclosure area of the proposed residence. He noted he felt consideration of the
design elements of the Liu residence was not appropriate: The design was reviewed
by the Matadero Creek Architectural Review Committee, was found to be in keeping
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with the surrounding homes and was approved. The Planning Commission Site
Development Committee reviewed and approved the design, recommending to the
City Council removal of the 'prairie style' condition. The City Council reviewed the
design, approved it, and removed the 'prairie style' designation. The 'prairie style'
design would not be in keeping with this or any neighborhood visible from
Matadero Creek Lane. No design elements should be modified at this time as it
wouldn't be reasonable or fair to the applicant, a good use of time, or productive.
Commissioner Ellinger noted he had no concerns with the driveway as proposed or
the configuration presented earlier in the hearing. He noted concerns with an open
retention pond as a drainage solution.
Commissioner Noel noted his agreement with Commissioner Ellinger, and
expressed concern with drainage considerations.
Commissioner Comiso referred to Condition #2 and noted she would like to see
some consensus between Staff and the engineers regarding drainage. Bill Ekern
noted that a concrete ditch is going to accelerate and concentrate runoff. Often the
geologists and soils engineers require that to be addressed to protect the house, and
he wished to leave that open for technical consideration. Additionally, if a concrete
ditch is not maintained, water may run beneath it and can cause more problems; for
example, if any work is done above the swale, the water may run beneath the swale
bypassing the drainage system setup.
Commissioner Carico noted there were many subdivision conditions for this
particular property. However, many things have happened, and while homes built
in Matadero Creek were not what was envisioned, the house as proposed is not
inconsistent with any homes in the area. She suggested recommending to the
Council that they set up a committee to study ways to address drainage.
MOTION SECONDED AND WITHDRAWN: Motion by Carico, seconded by Noel
and withdrawn to approve the Site Development Permit and to allow two drives,
with further discussion on drainage.
The Commission discussed the Staff Recommended Conditions of Approval for
drainage. Bill Ekern noted the conditions as proposed allow for flexibility in the
design of a drainage systems. He clarified that the latest plans for drainage show
pipes to an energy dissipator, there is no incentive to allow water to remain on site
and use it. He clarified it was important to look for ways to keep water onsite
without endangering properties downstream and creating problems in the long
term.
In response to a question from Commissioner Ellinger, Bill Kull noted the liability
4W inherent in scattering water around when specific easements and drainage
structures have been set up for runoff. He noted his responsibility to protect the
applicant and his house, and surrounding houses.
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MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso and
passed to approve the Site Development permit for a new residence with Staff
Recommended Conditions 1, 3, 6, 7, 8, 9, 10, and with the following conditions:
2. The site drainage be designed with the goal so as to not concentrate the flow of
storm water on or off site, and approved by Staff.
4. Applicant to be permitted to modify the driveway to permit two accesses with
connection on the site, and approved by Staff.
AYES: Chairman Jones and Commissioners Carico, Comiso, Ellinger, Noel, Pahl
NOES: None
ABSENT: Commissioner Stutz
3.2 LANDS OF MOVASSATE, 12660 Mojan Lane: A request for a Site
Development permit for a new residence and swimming pool.
Margaret Netto introduced this item, referring to the Staff Report.
The Public Hearing was opened. No one wishing to speak, the Public Hearing was
closed.
Commissioner Comiso noted concern with the 10+% slope of the driveway
impacting visibility. Bill Ekern responded that as this site was located at the bulb
end of a cul-de-sac, site distance was not as much of a problem.
Commissioner Pahl noted it was important the applicant be aware that with the
proposed project, the property will be built out.
The Commission discussed the proposed driveway and the benefits of a circular
driveway on this site.
Manou Movassate, owner and project civil engineer, noted that while he hadn't
studied creation of an alternate driveway, this property was a perfect example of a
site that would benefit from a circular driveway if they are acceptable to the Town.
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MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Carico and
passed to approve the Site Development permit for a new residence and swimming
pool with Staff Recommended Conditions 1 - 3 and 5 - 9, and with the following
Condition #4:
4. The color of the residence is to be approved by Staff and shall be in conformance
with the Town adopted color board.
AYES: Chairman Jones and Commissioners Carico, Comiso, Ellinger, Noel, Pahl
NOES: None
ABSENT: Commissioner Stutz
At Chairman Jones' suggestion, Item 3.3, LANDS OF F & H LIMITED, was moved to
follow Item 3.4.
3.4 LANDS OF MOORING, 13791 La Paloma Road: A request for a Site
Development permit for a new residence and second unit.
Margaret Netto introduced this item, noting the proposed second unit is a currently
existing house which the applicant proposes to modify to 995 square feet and to
decrease the existing nonconforming setback to 16'.
Commissioner Ellinger questioned whether Staff discussed getting the
nonconforming setback to conform. Margaret Netto responded that the existing
setback was 7, the applicant proposed 16', but there was no discussion of a 30'
setback.
The Public Hearing was opened
Lalla Carsten, 13761 La Paloma Road, presented letters from neighbors in opposition
to the proposed project. She noted two new very large houses in their area have
had an enormous impact on the neighborhood and expressed concern with the size
and siting of the proposed development.
John Glathe, 13181 La Paloma Road, noted a house was built on the lot to the left of
his several years ago which looks over his house, expressing concern that he would
be looking down on the proposed house in front of him; additionally, the existing
nonconforming house is located next to his. He noted concern with the proposed
building height.
John Treichler, 12692 Roble Veneno, noted concern with the change in the area of
predominantly small ranch style houses with the new large residences more
C recently built
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Commissioner Pahl asked Mr. Treichle if he felt a setback larger than 40' would be
beneficial. Mr. Fickle responded that he would like the houses to be further back.
Ida Mary Hoover, 13820 La Paloma Road, noted that neither a two story house nor a
second unit belongs on La Paloma Road. She also noted in response to
Commissioner Pahl that the houses in that area were originally set further back.
Mark Sandoval, project architect, noted the front setback for the first story element
was closest to the street at 55', the two story element is 63' back from the property
line. The massing of the structure is at the north side yard, 33' from the property
line. He noted they had tried to cut up the two story element with various
horizontal elements to lessen the impact. At the south side yard, the two story
element is obscured by the steep pitched roof and is setback 48'. The house is sited at
the lowest portion of the property. Referring to the guest cottage, he noted it was
virtually impossible because of the age of the structure to lessen the nonconformity
more by pushing the structure back. It is also obscured by some very mature trees.
Commissioner Noel questioned whether a single story house was considered. Mark
Sandoval noted a single story home would go up the hill and would probably look
more massive.
Dot Schreiner, 14301 Saddle Mountain Drive, Pathways Chair, recommended the
Commission require a constructed path in the road right-of-way.
Dave Mooring, applicant, noted that the design of the new residence works within
the constraints of the environment. It is proposed to have brick and wood siding,
and is set back further than is required. While he would have preferred a single
story house, the constraints of the land prohibit it. He noted there were a number of
new two story residences under construction in the area. He also noted the height
of the house proposed is lower than surrounding houses.
In response to a question from Commissioner Ellinger, Mr. Mooring noted a single
story home was constrained to an area of about the 70' by 80', which wouldn't look
good, or would end up with a snake type of approach with the garage out front.
Mary Compton, 27855 Via Ventana, Environmental Design, suggested that the
concerns of the neighbors could be addressed at the time of landscaping. She noted a
single story design would likely end up long and narrow, and would be very difficult
to mitigate. In response to a question from Commissioner Ellinger, she noted it was
realistic to recognize the economic climate, and realize the 1000 square foot cottage
of the past was not likely to be built today.
Dot Schreiner requested that the Commission review promises made to the people
on La Paloma Road, that as much of a rural atmosphere as possible would be kept.
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She suggested adherence to the 24' height and sensitivity to the fact that La Paloma
Road is among the last of the open rural streets in Town.
The Public Hearing was closed.
Commissioner Pahl noted his agreement that greater than normal setbacks off La
Paloma Road were necessary and noted that other projects have been limited in
height to 23' or 24'.
Commissioner Noel noted it was necessary to be consistent in imposing the 24'
height limit on La Paloma Road.
Commissioner Comiso suggested that we be careful that each house not be at the
same setback so as not to create another Arastradero Road.
MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Noel and passed
to deny without prejudice the Site Development permit for a new residence and
second unit.
AYES: Chairman Jones and Commissioners Carico, Comiso, Ettinger, Noel, Pahl
E NOES: None
ABSENT: Commissioner Stutz
Dave Mooring noted he thought he understood the Town's rules, but the 23' height
limitation was not made known to him, though he had done a great deal of
investigation even before closing escrow on the property.
Commissioner Ellinger noted that while the proposal was within the numerical
rules, it was not in keeping with the General Plan, the rural nature of the
environment the property is in. He felt bringing down the height would be an
essential part of the redesign effort, and setback was not as much of an issue.
Commissioner Carico noted she wouldn't object to the setback proposed if the
building came down in height.
The Public Hearing was reopened
Lalla Carsten noted her preference for having one house set back, one house set
forward so neighbors aren't living in each others houses.
Mark Sandoval asked if 24' was the height requirement on La Paloma Road.
Commissioner Comiso responded that it started at 23' and was negotiable that it
increase to 24'. Mr. Sandoval noted this was the first he had heard of the 24' height
limit.
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John Glathe noted the setback was of some importance as the further down in front
the new residence is sited, the more it impacts his property.
3.3 LANDS OF F & H LIMITED, 13470 Burke Road: A request for a Site
Development permit for a new residence.
Bill Ekern introduced this item, noting Staffs recommendation of approval, and
clarified that while the site plan implies the property is two lots, it is not
subdividable. He noted drainage concerns in the area of Burke Road and Staff's
recommendation that fill at the back of the house not be approved to avoid
continued channelization of drainage. He also noted staff's recommendation for
dedication of the right-of-way to 30'.
The Public Hearing was opened.
Walter Chapman, project architect, noted that the house was sited away from Burke
Road as it is a busy road, and the circular driveway was proposed to make
ingress/egress easier. He noted it was a civil engineering oversite to place the one
septic line in the area which is to be dedicated and they had no objection to moving
it.
In response to a question from Commissioner Pahl, Walter Chapman referred to
Staff Recommended Condition #4, noting some grading should be allowed that can
be designed in such a way that it would not impact the swale. The Water District
required that any grading adjacent to a tributary be done carefully to prevent erosion
or siltation in the district's downstream facilities.
Mr. Chapman referred to Condition #6, suggesting two or more pipes from the
drainage system into the swale each with a dissipater, noting he had no problems
with the wording of the condition used for the Lands of Liu regarding drainage.
Bruce Fielding, applicant noted he lived on the property during the winter. The
swale is a collection facility for water. Storm water collected didn't really run off the
site and percolated, is still percolating, into the ground. At no time was it
overloaded. He noted a group of neighbors maintain the private drive. Mr.
Fielding also noted that while they are proposing hardscape, they are removing
outbuildings currently on the site. Also, he clarified that the culvert hasn't been
replaced because it is working fine, although they did re -pave the drive last fall.
The Public Hearing was closed.
In response to a question from Commissioner Ellinger regarding architectural style,
Mr. Chapman noted that while none of the immediate neighbors were similar, there
were similar houses in the area.
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MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Noel and passed
to approve the Site Development permit for a new residence with Staff
Recommended Conditions 1, 2, 3, 5, 7, 8, 9, 10, 11, and the following conditions:
4. No fill or grading is allowed which affects the drainage swale or downstream
properties.
6. The site drainage must be designed with the goal so as to not concentrate the
flow of storm water on or off site, and approved by Staff.
AYES: Chairman Jones and Commissioners Carico, Comiso, Ellinger, Noel, Pahl
NOES: None
ABSENT: Commissioner Stutz
4. NEW BUSINESS
Commissioner Ettinger formally submitted the Mineral Resource Subcommittee
modifications to the Mineral Resource element of the General Plan.
Commissioner Comiso noted the discussion at the last Planning Commission
meeting regarding outside living space as a finding for a variance and suggested it be
agendized for discussion.
Commissioner Pahl suggested waiting to see how the application proceeded before
the City Council.
Commissioner Comiso noted the importance of consistency in addressing drainage
concerns, noting the Commission's reliance on Staff for technical expertise.
Bill Ekern noted it is important for the Town to try to resolve drainage issues and
the burden falls on applicants as the Town doesn't have money to spend on
drainage design. He suggested scheduling a presentation from the Town Engineer at
an upcoming Planning Commission meeting.
Commissioner Ellinger requested clean up of Matadero Creek along Via Ventana
In response to a question from Commissioner Comiso, Bill Ekern noted that the
City Council at their meeting of April 17th, 1991, defined specific policy for a trial
period which allows only Town residents to use the Yard Waste Recycling Center,
and limits the amount that can be deposited to a 3/4 ton pickup truck. The problem
facing the facility was that approximately 90% of what was being hauled was air, as
only one bough could prevent the dumpster from being filled to capacity.
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5. OLD BUSINESS
5.1 Definition of reference line in relation to driveway easements.
Commissioner Pahl suggested consideration of the fence ordinance rather than
addressing fencing issues piecemeal.
Chairman Jones appointed a Planning Commission subcommittee to address
fencing: Commissioners Pahl, Comiso, and Chairman Jones.
5.2 Update on the activities of the General Plan Housing and Mineral
Resource subcommittees.
6. APPROVAL OF THE MINUTES OF MARCH 27TH, 1991
MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Noel, and passed
to approve the minutes of March 27th, 1991.
7. REPORT FROM THE CITY COUNCIL MEETING OF APRIL 3RD, 1991
Commissioner Pahl reported the City Council appealed the Planning Commission
approval of the LANDS OF WONG, request for a variance. He noted the Council
expressed concerns that projects gaining approval at the Planning Commission were
not being brought to the Council's attention, specifically LANDS OF YU. Bill Ekern
noted the Council discussed flow restrictors and fire danger, and set up new
regulations for the Town's Yard Waste Program. Chairman Jones requested Staff
transmit the commissioners concerns as residents regarding the Yard Waste
Program.
8. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETING OF
APRIL 9TH, 1991
April 9th, 1991: Margaret Netto reported three items were reviewed and approved:
Chao - Landscape Plantings. Paint color was not approved. Finn (lot #1) -
Landscaping. Sheene- Landscape Plantings
9. ADJOURNMENT
The meeting was adjourned by consensus at 11:10 p.m.
Respectfully submitted,
Laura Johnson
Planning Secretary