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HomeMy WebLinkAbout05/08/1991APPROVED PLANNING COMMISSION 4W MINUTES OF THE REGULAR MEETING TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD LOS ALTOS HILLS, CALIFORNIA WEDNESDAY, MAY 8TH, 1991 cc: Cassettes #8-91(l),8-91(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 Also in attendance: Gaither Loewenstein, Planning Consultant; Jeff Peterson, City Engineer 2. PRESENTATIONS FROM THE FLOOR There were no presentations from the floor. 3. PUBLIC HEARINGS 3.1 LANDS OF CHOO, 12581 Miraloma Way: A request for a Site Development permit for a New Residence, Cabana, Tennis Court, and Swimming Pool. Bill Ekern introduced this item, noting it was continued from the Planning Commission meeting of April 24th, 1991. He noted the Roads and Drainage Committee requested the addition of a Condition of Approval if the project was approved: The impact of drainage on site to be reviewed and approved by the Roads and Drainage Committee. The Public Hearing was opened. Pong Ng, project architect, noted additional information was submitted, line of site drawings and a site plan. Also, stakes and balloons had been placed on site to show the proposed location of the house. He noted there was dense vegetation existing on the site, and that with additional plantings it would be hard to see the new t residence from neighboring properties, except possibly from the Owen property. He PLANNING COMMISSION MINUTES APPROVED May 8th, 1991 Page 2 compared the height of the proposed residence with the existing Owen home, noting the finished floor elevation of the second floor of the proposed residence is three feet lower than the main floor of the Owen residence, and the peak of roof of the proposed residence 6' 8" below the roof of the Owen residence. Susan Roberts, project engineer, noted proposed fill on the south side of the house, originally proposed to soften the approach to the house has been eliminated by the design of a taller foundation. Fill on site will be placed and compacted, and protected against erosion. She clarified that the amount of cut proposed for a prior application was approximately 2200 - 2300 cubic yards, while the current proposal calls for 1300 cubic yards of cut. She noted there would be a wall along the south side of the tennis court, to set the court into the hill and that less cut is proposed for the tennis court, but the amount of fill has been slightly increased. Bill Ekern noted Staff's past concern was with flattening the side of a hill for no apparent reason. Grading for the pool and tennis court were handled adequately for the site and the slight increase in fill is not an issue. Mr. Ng clarified that the garage is in almost the same location as the existing garage, using the existing driveway approach, and the lower driveway approach has been ` abandoned. ftr Bill Owen, 24601 Voorhees Drive, expressed concern with the proposed height of the residence, noting he had reviewed the most recent submittals from the architect and it served to underscore his concern. He noted his own house peaked 18 feet above ground level, and felt this neighboring residence, proposed to be about 24 feet above ground level, should be limited to about the same height. Jim Steinmetz, 24565 Voorhees Drive, noted the proposed residence was an improvement over the existing house but expressed concern with the height. He felt plantings couldn't grow large enough to provide mitigation and suggested lowering the structure on the site. The Public Hearing was closed. Commissioner Ellinger noted this was a significant redesign from the earlier proposal but felt the proposed development was too massive for the location, especially with the pool and tennis court. Commissioner Carico expressed concern with the height of the proposed new residence, noting Staff suggested five ways to address this issue. She noted the importance of preventing any negative impact, suggesting grading the house further into the hill might be appropriate. PLANNING COMMISSION MINUTES APPROVED May 8th, 1991 Page 3 Commissioner Comiso noted concern with additional cut that would be required to set the house further into the hill and questioned how to refrain from doing more harm to the property. Commissioner Pahl noted the applicant was proposing to use only about 70% of the the maximum floor area, and suggested redesign could result in increased coverage. In response to a question from Commissioner Carico regarding Town policy on cut and fill, Bill Ekern noted the Town encouraged cut as opposed to fill. He noted the Commission should consider whether the proposed residence is an appropriate design for the site. MOTION SECONDED AND PASSED: Motion by Carico, seconded by Noel and passed to deny the Site Development permit without prejudice to allow for redesign. AYES: Chairman Jones and Commissioners Carico, Ettinger, Noel NOES: Commissioner Comiso, Pahl ABSENT: Commissioner Stutz ` 3.2 LANDS OF YU, 12000 Emerald Hill Lane: A request for a Site Av Development permit modification for a New Residence Bill Ekern introduced this item, referring to the photomontage presented at the Planning Commission meeting of April 10, 1991, noting one feature that made the proposed project acceptable was the extension of one wing of the house away from the facade of the house. With the proposed permit modification, the opportunity for shadowing and breaking up of lines of the very vertical structure is no longer present. In response to a question from Commissioner Ellinger, Mr. Ekern noted his understanding that the reasons for redesign, reflected in a letter from the project architect, involved internal flow problems and are issues of personal choice and style. The Public Hearing was opened. Scott Williams, project architect, noted the proposed modification was not a substantial redesign, and the presence of vertical mass exists in the approved design, as well as is in this design. He noted the modification entailed a four to five degree shift with one of the masses. It is still within the Town zoning requirements. He presented overhead projections comparing the approved and the presently proposed designs: 1) Prospect Avenue and Stonebrook Avenue, noting the whole mass shifts but at such a slight degree it's nearly imperceptible; 2) Prospect Avenue and Emerald Hill Lane. He noted the issue was whether the proposed modification substantially kw complies with the approved design. PLANNING COMMISSION MINUTES APPROVED May 8th, 1991 Page 4 In response to a question from Commissioner Noel, Mr. Williams noted that the client had concern with the change in the geometry of the floor plan. Commissioner Carico noted it was deceiving to think that what was presented in the photomontage is what the appearance will be of the built house, as it appears as though the house is set on about fifty acres. Mr. Williams responded that the purpose of the photomontage is to demonstrate that a building viewed from any real perspective has less impact than might be expected. Frank Yu, applicant, noted it was not his intention to make the house look taller vertically. The reason for the change was that internal room arrangement couldn't be made. The Public Hearing was closed. Commissioner Pahl noted he had not voted to approve the original proposal and that he continued to believe the house was wrong for the site. Commissioner Ellinger noted that straightening out the front of the house would result in visual lines that are parallel, where there was a receding set of lines with the design of the previously approved proposal. He noted the redesign would appear boxier than with the bend, noting he was not in favor of approval of the requested modification. Commissioner Comiso noted she voted to approve the Site Development permit originally in part because of the proposed bend in the house, noting her agreement with the preceding commissioners. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Noel and passed to deny the request for a permit modification. AYES: Chairman Jones and Commissioners Comiso, Ellinger, Noel, Pahl NOES: Commissioner Carico ABSENT: Commissioner Stutz MOTION SECONDED AND PASSED: Motion by Comiso, seconded by Jones and passed by consensus to reconsider the vote. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Noel and passed to deny the request for a permit modification AYES: Chairman Jones and Commissioners Carico, Comiso, Ellinger, Noel, Pahl NOES: None �, ABSENT: Commissioner Stutz PLANNING COMMISSION MINUTES APPROVED May 8th, 1991 Page 5 3.3 LANDS OF OWEN, 14850 Manuella Road, APN 175-01-030: A request for a Site Development permit for a New Residence, Second Unit, Tennis Court, and Swimming Pool Margaret Netto introduced this item, outlining the quantitative analysis. She noted Staff had no input into the siting of the proposed new residence as the project did not go through Site Analysis. The Public Hearing was opened. Bob Owen, applicant, noted he had met with neighbors and obtained signatures in support of the project. He outlined issues that were given consideration in siting the new residence. Referring to the upslope of the lot, he noted the house was sited to work with the contours of the land. The left side of the house was at a 95 - 100 foot setback from the street, as many of the houses along the street are setback. Through the house there is a four foot differential in height. The design attempts to consolidate the house on the lot. The second story is in the middle of the house. As the neighboring Bulmore residence is close to the property line, the proposed new residence was shifted to lessen the bulk and impact on that side of the property. The house runs parallel to Manuella Road and views are oriented toward the back of the house. Mr. Owen noted he suggested to the Bulmores that screening for windows `, looking toward their property be addressed with the landscape plantings plan. Mr. Owen noted the Booths elected to removed their name from the list of neighbors approving of the proposed project. In response to a question from Commissioner Pahl, Mr. Owen noted he found the Staff Recommended Conditions of Approval acceptable. In response to a question from Commissioner Pahl regarding Staff Recommended Condition #4, Ms. Netto clarified Mr. Owen had indicated the roofing material was to be shake and that Staff wished to ensure that it was shake as the roof will be prominent. Mr. Owen clarified that they proposed a shake roof as it is more suitable to the design and will fit better with the area. The neighbors they had spoken to were in support of the shake roof. Mr. Owen presented a cross section of the proposed development. Tom Booth, 4280 Manuela Avenue, Palo Alto noted concern with the size of the house but commented that he appreciated the applicant's efforts to contact surrounding property owners. Bob Bulmore, 25900 Springhill Road, noted concern with the window treatment and ` landscaping. He noted his backyard, which faces this site, is wide open due to loss of vegetation from the freeze. PLANNING COMMISSION MINUTES APPROVED May 8th, 1991 Page 6 Dot Schreiner, 14301 Saddle Mountain Road, Pathways Committee Chair, noted the Committee's recommendation for a Type II -B path along Manuella Road, behind the trees. In response to a question from Commission Carico, Bob Owen clarified that the windows proposed to face the Bulmore property were for a hallway, not living quarters, suggesting that trees could mitigate the impact. The Public Hearing was closed. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso and passed to approve the Site Development permit with Staff Recommended Conditions 1 - 9 and with the following Condition #10: 10. A Type II -B pathway shall be dedicated along Manuella Road, immediately behind the existing foliage on the street. AYES: Chairman Jones and Commissioners Carico, Comiso, Ellinger, Noel, Pahl NOES: None ABSENT: Commissioner Stutz The Planning Commission took a brief intermission. (8:55 - 9:05 p.m.) 3.4 LANDS OF CIRCLE, 26541 Taaffe Road, 12 -91 -TM: A request for adoption of a Negative Environmental Declaration and approval of a Tentative Map for a two -lot subdivision. Bill Ekern introduced Jeff Peterson, Town Engineer, of Wilsey and Ham, and Gaither Loewenstein, Planning Consultant, of Martin Carpenter Associates. Mr. Ekern introduced this item, noting that a proposed tentative map was previously denied due to concern with location of the building circle in areas with a slope of 30%. He noted the applicant's engineer subsequently surveyed the property and reestablished contour lines which they believe are more accurate. With this shift, they have been able to locate the building circle outside of the areas of 30% slope. Staff continued to have concerns with septic drainfield construction in areas of 30% slope. Mr. Ekern also noted there is concern among neighbors regarding the impact of drainage from increased development on the site. Gaither Loewenstein noted the primary concern regarding environmental impact include land use and population impacts of the project. The proposed subdivision would result in alteration of the present land use of this area, from very low density residential to low density residential. State environmental law requires consideration of cumulative as well as individual impacts of a project. Mr. PLANNING COMMISSION MINUTES APPROVED May 8th, 1991 Page 7 4W Loewenstein noted in this area, where numerous small subdivisions are undertaken, the cumulative land use and population impacts of the proposed subdivision could be judged to be significant. He noted a possible inconsistency between this project as proposed and provisions of the General Plan which call for lot size to increase with the average slope of a parcel. Chairman Jones requested that Mr. Loewenstein skip that portion as he felt that Mr. Loewenstein's report indicated a misunderstanding of the provisions of the General Plan. He suggested that Mr. Loewenstein believed that when a parcel has a slope over 10% it has to be over two acres. He noted that no one has ever interpreted the General Plan in that way and that interpretation would mean the Town ordinances were inconsistent with the General Plan. Mr. Loewenstein noted that although the project will have significant lands use and population impacts, they could be mitigated, as outlined in the Staff Report. The smaller lots proposed may not be inconsistent with the General Plan provided the applicant is willing to mitigate the adverse land use impacts. The Commission could also overrule the findings of Staff. In response to a question from Chairman Jones, Mr. Loewenstein clarified the $18,000 for consideration as a mitigation measure was based on $9,000 per lot, based on the estimated market value of an undeveloped one acre parcel multiplied by .018 acres, from the Municipal Code which specifies the amount of land to be dedicated for open space in the event of a subdivision. The Municipal Code does not specify an amount so it was estimated based on a land value estimate. Jeff Peterson outlined engineering issues, noting he felt they could be resolved as part of the Conditions of Approval. He referred to Staff Recommended Conditions 13) failed pavement repair, 14) stopping site distance, and 15) pathway design, noting there are currently improvements on Taaffe Road under design. He recommended the applicant submit fees in -lieu and these issues would be addressed as part of the Capital Improvements design. He noted Recommended Condition 4) easement for existing septic drainfield, was proposed because of the constraints of the slope on the lots to make better usage of the land. In response to a question from Chairman Jones, Bill Ekern noted the closest sewer was at Dezehara Way. Mr. Peterson. clarified that he felt it was not proper usage of the land to squeeze secondary leach fields on the lots. The Public Hearing was opened. Dee Circle, applicant, in response to a question from Commissioner Pahl, noted he had no difficulty with the Staff Recommended Conditions of approval. PLANNING COMMISSION MINUTES APPROVED May 8th, 1991 Page 8 4 Paul Nowack, project engineer, noted the only Recommended Condition of issue was 8) roadway surface, as the driveway was well established and reconstructing it would not be in the Town's best interest. He also noted auxiliary structures are allowed in conservation easements at the discretion of the Commission and Council, and there are a number of examples of septic tanks in areas of 30% slope and in conservation easements. In response to a question from Commissioner Noel, Bill Ekern clarified that the applicant submitted an alternative plan for septic design for consideration if the only issue preventing approval was the usage of the land for leachfields. Bill Sullivan, 26531 Taaffe Road, expressed concern with the proposed subdivision, noting the potential for a very large house being squeezed onto a portion of the lot toward his property. He referred to the letter of February 5, 1991 from Gaither Loewenstein, noting approval of the project was not recommended because of slope density. Mr Sullivan felt the proposal didn't meet the requirements of the General Plan. Glen. Fuller, 12989 Vista Del Valle Court, noted there was no mention at this meeting of the earthquake fault that runs across the property. He noted the site is very visible from surrounding areas. He noted that the lot is extremely constrained and there was good reason why, in the original subdivision, there was this one lot of three acres. He noted concern with potential erosion due to the swale across the property. He noted another neighbor, Mr. Gosset, also had concerns with stability and drainage on the site and impacting his property. Bill Ekern clarified that the Town Geologist and the applicant's geologist agree on what are appropriate setbacks and the type of work that will be required of subsequent home builders in terms of design parameters. The review doesn't address what is happing downstream. He noted that most houses in the area are older, were likely built on poorly compacted fill, not engineered ground, and clay is poor material to build on. In response to a question from Commissioner Pahl, Bill Ekern clarified that the Maximum Development Area allowed for the proposed lot is 8300 square feet and the Maximum Floor Area is about 5200 square feet. Mr. Circle wished to clarify that the house to be built will sit below Mr. Sullivan's house, and will not be visible from any public road. Earthquake fault or trace faults run throughout Los Altos Hills, he had a full geotechnical evaluation completed, and the Town Geologist approved the site for development. Mr. Nowack explained that only the land in the vicinity of the house was surveyed `, when the existing residence was modified, and Town records were used to project PLANNING COMMISSION MINUTES APPROVED May 8th, 1991 Page 9 the contour map. They had proceeded with the previously denied subdivision proposal based on the existing map. After denial of the previous subdivision the entire property was surveyed and, while little difference was found in the overall slope of the land, there was a difference in the distribution of the contours. George Crawford, 13023 Vista Del Valle, noted his agreement with the concerns expressed by Mr. Sullivan and Mr. Fuller. He noted he also had earthquake damage. He noted concern with the visual impact of the new residence as it will be visible from his lot. The Public Hearing was closed. Bill Ekern noted that the footprint of the house as shown on the tentative map is in the area of 2600 square feet. The full impact of 5,000 square feet of floor area is not depicted. Chairman Jones noted there were substantial areas in the Initial Study completed by Mr. Loewenstein that he felt were in error. Mr. Loewenstein clarified that the checklist reflects his interpretations. The Planning Commission can still give the project a Negative Declaration without adopting all the findings and the mitigation measures that he proposed. The Commission discussed the Negative Declaration, questioning the effectiveness of the mitigation measures proposed in the Staff Report. Commissioner Pahl noted that if mitigation measures are considered necessary, they can be included in the Conditions of Approval. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso and passed to recommend adoption of the Negative Declaration as to this proposed project. AYES: Chairman Jones and Commissioners Carico, Comiso, Ellinger, Pahl NOES: Commissioners Noel ABSENT: Commissioner Stutz Commissioner Pahl noted he couldn't support a subdivision allowing 5,000 square feet of floor area on the site. Commissioner Comiso noted her agreement, and questioned whether it was possible to make restrictions on development legally binding. Commissioner Ellinger noted that he could support increasing the size of the existing house and the addition of a second unit, but with the constraints of the PLANNING COMMISSION MINUTES APPROVED May 8th, 1991 Page 10 4 conservation easement and the configuration of the driveway cutting across Parcel A, he couldn't support the proposed subdivision. Commissioner Carico felt the subdivision violated the land use element of the General Plan, that the quality of the environment cannot be maintained. MOTION SECONDED AND PASSED: Motion by Ellinger, seconded by Carico and passed to recommend denial of the proposed Tentative Map. AYES: Commissioners Carico, Ellinger, Noel, Pahl NOES: Commissioner Comiso and Chairman Jones ABSENT: Commissioner Stutz 3.5 LANDS OF MALEK, APN 182-29-061, Buena Vista Drive, 218 -90 -TM: A request for adoption of a Negative Environmental Declaration and approval of a Tentative Map for a three -lot subdivision MOTION PASSED: Motion by Pahl, approved by consensus to divide the item into two categories to discuss the negative declaration first and subsequently the tentative map. Bill Ekern introduced this item, referring to the Staff Report. He wished to clarify that the acreage referred to is net acreage and doesn't include any roadway easements. He also wished to clarify that the applicant had submitted a plan that does not call for construction of storm drainage structures in the conservation easement. He noted the proposal still calls for septic fields on steep slopes. He also noted the Town Geologists concerns with landslides on the property, and that William Cotton's office reviewed a plan submitted by the applicant and determined that it is possible to address the slides. Repair of the landslides is an environmental issue in that it will entail large amounts of grading and the impacts of repair should be weighed against the benefits to the Town. The impact of development in the area of a ridge is another environmental issue. Additionally, if siting houses on the lots is not done at this stage, it may be problematic when development of individual lots is undertaken. Gaither Loewenstein noted that disregarding the environmental impacts of the project, concerns included land use impact, the increased population density of the site and to a lesser extent, visual impacts of the ridgeline. The Public Hearing was opened. Larry Lihosit, project planner, noted the General Plan says that a conservation easement should be free of structures, and the Zoning Ordinance defines a structure `. as a building requiring construction or erection on the ground. The applicant PLANNING COMMISSION MINUTES APPROVED May 8th, 1991 Page 11 proposes underground placement of the septic leachfield, which would result in removal of grass, which is combustible and of concern to the Los Altos Fire Department, and replacement with fire retardant plantings. He noted the Subdivision Ordinance allows accessory structures and activities within a conservation easement at the discretion of the Planning Commission and City Council, and that they felt underground leachfields are such an activity. He noted the applicant's willingness to dedicate 5.86 acres as a conservation easement. He noted Santa Clara County Health Department had no problem with the preliminary location of the leach fields. In response to a question from Chairman Jones, Mr. Lihosit noted they did not believe an environmental impact report was necessary for the proposed subdivision. Art Lachenbruch, 11820 Buena Vista Drive, expressed concerns with the intensity of development, suggesting that reduction of the level of development should be considered as a mitigation measure. He noted the conservation easement is required because of the physical limitations of the property for development, so the applicant shouldn't be able to remove the conservation easement through payment of park fees. The Public Hearing was closed. Commissioner Pahl noted he went through the Initial Study and had concerns with several items which had been given 'no' or 'maybe' answers, including 2E, 2G, 3B, 4A, 4E, and on 21A, Mandatory Findings of Significance. He felt the quality of the environment was threatened, based on the fact that it is on a dirt road, which the Fire Department has recommended should be upgraded. The Commission discussed an environmental impact report MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Noel and passed to recommend denial of the Negative Declaration. AYES: Commissioners Carico, Comiso, Ellinger, Noel, Pahl NOES: Chairman Jones ABSENT: Commissioner Stutz Art Lachenbruch noted that while he did not wish the road to be moved, he would be interested in participating in anything that would decrease the intensity of development. 4. NEW BUSINESS 5. OLD BUSINESS PLANNING COMMISSION MINUTES APPROVED May 8th, 1991 Page 12 4 5.1 Update on the activities of the General Plan Housing and Mineral Resource subcommittees The Commission discussed the draft document from the Mineral Resource subcommittee. Chairman Jones noted there were a number of typographical errors to correct. Commissioner Ettinger noted the subcommittee had worked with an existing document, and he felt the entire document needed to be re -written in simple English. Commissioner Comiso noted they weren't asked to change the wording of the entire document. Bill Ekern noted the Town was employing two student interns, one of whom would be bringing the element to the state and the Commission discussed student assistance with revision of the element. Commissioner Ellinger suggested, and the Commission agreed by consensus to endorse the Mineral Resource Element in concept, and for the subcommittee to work with Staff as to how to proceed in minimizing the length of the document. In response to a question from Commissioner Ellinger, Mr. Ekern noted that Sun Country Cable were currently in discussions with antenna suppliers, and intend to lower the antenna and run tests. Commissioner Pahl suggested the Planning Commission representative to the City Council bring the issue up at the next Council meeting. In response to a question from Commissioner Pahl, Mr. Ekern noted that he would endeavor to schedule Peter Shaw for a presentation on landscape mitigation at the next Planning Commission meeting with fewer than five public hearings. Commissioner Comiso referred to a letter from Denise Quattrone regarding photomontage. Bill Ekern suggested setting up a presentation on photomontage at a 6:00 p.m. meeting. Commissioner Ellinger referred to the Earthquake emergency plan and noted the Los Altos School District, specifically Bullis School, is eager to get support from the Town. 6. APPROVAL OF THE MINUTES OF APRIL 24TH, 1991 MOTION SECONDED AND PASSED: Motion by Comiso, seconded by Carico, and passed by consensus, with Commissioners Pahl and Ellinger abstaining, to approve the minutes of April 24th, 1991. 7. REPORT FROM THE CITY COUNCIL MEETING OF MAY 1ST, 1991 Commissioner Carico reported the City Council upheld the Planning Commission �aw approval of the Lands of Movassate (12581 Mojan Lane) and was still in the process PLANNING COMMISSION MINUTES APPROVED May 8th, 1991 Page 13 of changing the variance findings for the Lands of Wong. She noted the Council enacted an urgency ordinance regarding nonconforming structures. And she noted Mayor Siegel brought up regulation/mitigation of fences. 8. REPORT FROM THE SITE DEVELOPMENT COMMITTEE There were no meetings on April 30th and May 7th, 1991 9. ADJOURNMENT The meeting was adjourned by consensus at 11:20 p.m. Respectfully submitted, Laura Johnson Planning Secretary LM