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HomeMy WebLinkAbout07/10/1991PLANNING COMMISSION MINUTES OF THE REGULAR MEETING TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD LOS ALTOS HILLS, CALIFORNIA WEDNESDAY, JULY 10TH, 1991 cc: Cassettes #12-91(l),12-91(2) 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Chairman Jones and Commissioners Cheng, Comiso, Noel, Pahl Absent: Commissioners Ellinger, Stutz Staff: Bill Ekern, Director of Public Works; Margaret Netto, Planning Consultant; Laura Johnson, Planning Secretary MOTION SECONDED AND PASSED: Motion by Jones, seconded by Comiso and passed by consensus to move Item 5.1, Selection of the Chair and Vice -Chair. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Jones and passed by consensus to appoint Commissioner Noel as Chairman of the Planning Commission. MOTION SECONDED AND PASSED: Motion by Comiso, seconded by Jones and passed by consensus to appoint Commissioner Pahl as Vice -Chair of the Planning Commission. Chairman Noel commended Commissioner Jones for his work as 1990-91 Planning Commission Chair. 2. PRESENTATIONS FROM THE FLOOR There were no presentations from the floor. 3. PUBLIC HEARINGS 3.1 LANDS OF WITWER/TANGNEY, 27030 Elena Road: A request for a Site Development permit for an Addition/ Remodel Margaret Netto introduced this item, noting the applicant is allowed to maintain the level of the development existing on the property, although existing L development exceeds the level of development allowed on the property. The hr proposal lessens the existing nonconformity. faw PLANNING COMMISSION MINUTES APPROVED July 10th, 1991 Page 2 In response to a question from Commissioner Pahl, Ms. Netto noted no major trees are proposed to be removed. Commissioner Jones noted that if the applicant chose not to lower the ceiling as proposed, the existing level of development could accommodate the increase in the floor area. The Public Hearing was opened. Kathy Schmidt, project architect, noted the subject residence was one of the first built in Los Altos Hills. She explained that the residence suffered earthquake damage and, in addition to repair of the damage, the owners wish to construct the addition to update the residence. They wish to maintain the present Spanish style of the house. She noted the proposed addition is not visible from the street and there is a great deal of existing landscape, requesting deletion of Staff Recommended Condition #2, requiring a landscape planting plan. In response to a question from Commissioner Jones, Ms. Schmidt clarified that the area of the house where the ceiling is proposed to be lowered is currently basement space, not living area. The Public Hearing was closed. Commissioner Pahl noted Condition #2 should be included in the conditions of approval as construction tends to damage landscaping. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso and passed to approve the Site Development permit for an addition/remodel with Staff Recommended Conditions 1 - 6. AYES: Chairman Noel and Commissioners Cheng, Jones, Noel, Pahl NOES: None ABSENT: Commissioners Ellinger, Stutz 3.2 LANDS OF THOMPSON, 13730 Wildflower Lane: A request for a Site Development permit for a New Residence Margaret Netto introduced this item, noting the lower portion of the residence is proposed to be placed into the land for a lower profile. She clarified that the Site Development Ordinance allows additional grading of a property to lower the profile of a house. Ms. Netto noted the cut from grading is proposed to be placed on the North side of the property, and this placement is to be supervised by a licensed soils engineer. PLANNING COMMISSION MINUTES APPROVED July 10th, 1991 Page 3 The Public Hearing was opened. John Komo, project designer/builder, noted his willingness to answer any questions from the Commission. In response to a question from Commissioner Jones, Steve Hubbard, project architect, noted the amount of cut and fill was necessary to lower the profile of the house as it was sited up the hill, further away from the street. He noted the cut this entails will also allow construction of a landscape buffer between this and the adjoining property. Mr. Hubbard noted concern of the downhill neighbor with drainage, and stated that they were taking steps to mitigate drainage. Dot Schreiner, 14301 Saddle Mountain Drive, Pathways Chair, requested dedication of a path in the Wildflower Lane Road right-of-way, the applicant's percentage of the private road, but no construction. Simply the right to legally pass on a private road. Bill Ekern clarified that there is no pathway linkage across the Lyman property between the subject property and the pathway on Wildcrest Drive. He noted it is possible to make provisions to trigger a path in the road right-of-way at such time as pathway access is possible. It would not be recorded as an easement until offers of all L owners of Wildflower Lane are made. In response to a question from Commissioner Pahl, John Komo noted they had no difficulty with any of the Staff Recommended Conditions of Approval. The Public Hearing was closed. Commissioner Jones noted the amount of grading proposed seemed like a lot. Mr. Ekern noted much of the grading is required to lower the house, which is reasonable. He had spoken with the developers regarding keeping cut material on site and the necessity of designing drainage so water is not impounded. He noted there are arguments both for and against placing cut on site: aesthetically, mounding of the dirt can be used to carry the line of site further up the hill, making the house less obtrusive, with greater opportunity for planting; philosophically, however, Town policy discourages creation of artificial slopes and it is not in keeping with the Town to bury structures by fill or other artificial means. In response to a question from Commissioner Comiso, Mr. Ekern clarified that pool fencing is not impacted in terms of height by the proposed berm as the pool is beyond the 30 foot setback where the 27 foot building height limitations become effective. PLANNING COMMISSION MINUTES APPROVED July 10th, 1991 Page 4 MOTION SECONDED AND PASSED: Motion by Comiso, seconded by Jones and passed to approve the Site Development permit for a new residence with Staff Recommended Conditions 1 - 7 and the following Condition #8: 8. The applicant shall offer for dedication as a public pathway that portion of Wildflower Lane as falls within their property rights to control. The applicant shall provide all legal descriptions and maps necessary for recordation, the Town shall prepare the legal documents for the offer and acceptance. The offer will not be recorded until such time as all properties having control over Wildflower Lane make similar offers. AYES: Chairman Noel and Commissioners Cheng, Jones, Noel, Pahl NOES: None ABSENT: Commissioners Ellinger, Stutz 3.3 LANDS OF FONG, 25889 Fremont Road (Formerly listed as 25891 Fremont Road): A request for a Site Development permit for a New Residence, Tennis Court, and Swimming Pool Margaret Netto introduced this item, noting the subject property is one of two lots of itw the Lands of Oshima subdivision. The maximum height of the structure is 23 feet, which meets Condition #10 of the subdivision. She noted the residence is sited toward the rear of the property and the tennis court toward the front to lessen the impacts of Bullis school and Fremont Road. Commissioner Pahl referred to a transcript of the August 22, 1988 City Council meeting at which the Oshima subdivision was approved. He noted that at two times during the public hearing, the issue of limiting the height of a residence to a single story was discussed. Council noted that the 23 foot height restriction would allow a two story structure with a flat roof and followed immediately with a vote to approve the subdivision. He wished to know whether there was anything outside of the meeting requiring that the house not exceed one story. Bill Ekern recalled that Council acknowledged that under the appropriate design a two story house could fit on the site. It was hoped a singly story house would be constructed. Chairman Noel asked for clarification as to why the Planning Commission felt the 19 foot height limitation originally imposed was in order. Mr. Ekern noted the input of neighboring residents and concern with the trend in Town toward building monolithic two story houses. He clarified that two story homes have been built in that area since 1988. Commissioner Comiso clarified that the transcript of the August 22, 1988 Council meeting was provided by Bob Dailey. PLANNING COMMISSION MINUTES APPROVED July 10th, 1991 Page 5 The Public Hearing was opened. Peter Duxbury, project architect, referred to the Staff Report to clarify that the site is actually 1.496 acres including the 35 foot right-of-way and that the roof is proposed to be slate, not metal. He noted the controversy at the time of subdivision due to the site's inability to accommodate a 160 foot building circle, and the subsequent limitation of the building height to 23 feet. He presented an overhead of the site plan. He noted their desire to preserve the rural nature of the area and that they tried to be sensitive to the neighbors. He explained the placement of the tennis court toward the front of the property, with berming and an orchard creates an attractive buffer with the house in the rear of the property to utilize Southern exposure. They felt the narrowness of the site called for a narrow, compact house. All the family area is on the bottom floor, with the bedrooms located above, which allows a 3500 square foot footprint. He explained that the concept of the house design is to break down massing, noting all four corners are cut down as the mass of the residence is visualized at the corners of a building. Commissioner Pahl questioned whether consideration was given to inclusion of overhangs in the design. Mr. Duxbury noted that if the Commission felt strongly about making it a requirement, it could be worked in but an extended eave would really require a roof to look architecturally correct. He noted that truncating the mass at the corners of the house really breaks down the mass. He also felt the assemblage of forms, the main house, the smaller elements and cabana tied with the trellis helped lower the appearance of the house. He presented a diagram showing the relationship of the proposed development to the surrounding properties. He clarified that the Fong's designed a two story house as that is how their family works, not to take advantage of views. Spaces facing to the west include a bath, stair, and bedroom, and the applicant is willing to raise the height of windows on this side to 5 1/2 feet so no one can see out. Peter Shaw, project landscape architect, noted their interest in maintaining the rural view from Fremont Road. The landscaping proposed includes: 50 - 60 apricot trees along Fremont Road and around the tennis court, major specimen Oaks, 10 specimen redwood trees 15 - 20 feet on -center to blend with those existing on the Jorgenson and the Meyer properties, which will initially take care of the privacy screen on that corner of the property. Mike Meyer, 26007 Torello Lane, noted he represented a number of residents who had written letters to the Commission. He noted objection to the design of the house. He felt it contravened the intent of the rules which they understood meant a single story home. He gave some history on the Oshima subdivision, noting a series of conversations about a one story house was the basis for the concept of the E height limitation. He noted the proposed development intrudes into his privacy in �r an extraordinary way. He presented a plan to show that from the second floor, there PLANNING COMMISSION MINUTES APPROVED July 10th, 1991 Page 6 will be a view of his entire yard, as well as the Jorgenson's yard. He felt the applicant needed to be overly sensitive in terms of development because of the site; however, as proposed, they will be building in everyone else's back yard. He noted willingness to support the applicant in getting a pool or tennis court approved, if the design is modified to a single story. Takayoshi Oshima, 25891 Fremont Road, noted that at the time of the Subdivision, his preferences were different from the Town's; however a compromise of 23 feet was reached, although he continued to feel it was not right to impose the restriction. He felt the issue of privacy was significant, but felt it related to the design of the house. He noted there were a number of big homes in the area now, overlooking the entire area. Carol Meyer, 26007 Torello Lane, noted she listened to the Planning Commission and City Council meetings at which the Oshima subdivision was reviewed. She noted the Commission imposed the 19 foot height limitation because of concerns with overview, privacy, and bulk. She presented pictures to illustrate the problem of overview. She noted her landscape architect indicated that it would take three rows of trees to screen a one story house. Mrs. Meyer also noted she would not object to 'bending the rules' to allow the applicant the level of development desired, with construction of a single story house Commissioner Pahl noted that if a one story home with the same floor area is designed, the tennis court cannot be accommodated on the site. He clarified that there is no reason this site deserves a variance. He felt that he was being asked to ignore what the City Council said in 1988, to go back to what the Planning Commission said in 1988. He noted difficulty with overruling the Council. Mrs. Meyer noted that several councilmembers indicated at the last meeting that their intent was for a one story house. The height limitation was raised at the suggestion of Paul Nowack only to allow architectural discretion. Commissioner Comiso noted no plans for development were presented at the time of subdivision and concern lay with sensitivity of siting the house. She also clarified that the Council at their last meeting did not see the plans now before the Commission for consideration. In response to a question from Chairman Noel, Mrs. Meyer noted that any location for a two story house on the site would be an intrusion into some neighbor's home. She also noted interest in meeting with the applicant and his architect to further discuss development on the site. E John Rayden, 26011 Torello Lane, noted the neighboring property owners were of �Ir the utmost concern in consideration of siting the residence, not the people who PLANNING COMMISSION MINUTES APPROVED July 10th, 1991 Page 7 drive along Fremont Road. He noted the Oshima subdivision didn't conform to the rules but a compromise was reached after lengthy discussion, and the Council's vote did not reflect Council's attempts to solve the problems of Oshima's breaking the rules. He outlined his experience in siting his house, tennis court and pool, and noted no one approached the neighbors regarding the proposed development of the subject property. Commissioner Comiso noted the development proposed fits within the rules and regulations of the Town, Chairman Noel noted he would like to see the applicant and neighbors get together to discuss development of the site, and then come back to the Commission. Eric Ingman, 25885 W. Fremont Road, noted that at the time of the Oshima subdivision, the discussion between the Town and residents centered on the height limit and the idea that with the envelope requirements, only a pitched roof structure could be built. There was no talk of a two story house. He noted support of the Meyers' comments. Penny Ingman, 25885 W. Fremont Road, noted she was delighted the tennis court is proposed to be placed at the front of the property, but commented that she was upset that a two story residence was proposed. They didn't realize that the 19 foot limitation was amended to 23 feet and a two story residence was even possible. Murray Horton, 26000 Alicante Lane, noted he had understood subdivision restrictions allowed only a one story house. Bob Rabin, 25980 Alicante Lane, noted his attendance at the 1988 council meeting regarding the Oshima subdivision, and surprise that a two story house was possible on the site. Janet Jorgenson, 26000 Torello Lane, wished to second everything the Meyers and Mr. Rayden said earlier. In response to a question from Commissioner Pahl, Peter Duxbury noted all the Staff Recommended Conditions of Approval were acceptable. Mr. Duxbury explained that the Fong's came to him asking whether a two story house could be built within a 23 foot height limitation. Mr. Duxbury felt he couldn't design a house conforming to the Fong's family without a two story concept. He clarified that he had obtained a thick packet of information regarding the Oshima subdivision. After reading about the 23' height limitation, he went to the Town to discuss development. More recently he spoke with and obtained a letter from Paul �r Nowack, who indicated his understanding that a two story structure was not PLANNING COMMISSION MINUTES APPROVED July 10th, 1991 Page 8 disallowed. Mr. Duxbury noted that when he came before the Planning Commission two weeks ago for clarification regarding measurement of height, he wasn't aware of any controversy, believing that the issue of a two story house had been addressed at the subdivision meetings. Chairman Noel wished to know whether the applicant was interested in meeting further with the neighbors prior to returning to the Planning Commission for consideration. Peter Shaw clarified that when the Fong's purchased the property, they went through the review process, working within the parameters required by the Town. He noted they understood there was conversation through the subdivision process of a single story residence, but no limitation was ever written down. He noted the trees proposed to be planted will immediately give screening to the Meyers and Jorgensons. He also noted they had slides depicting the landscaping plan but had not presented them due to the lengthiness of this meeting. He felt the issue is whether the community is willing to have a two story house on the site as the Fongs have indicated the desire for a two story house. Mr. Duxbury noted he would like to have the Commission vote on the application and he would also like to meet with the neighbors. kW Commissioner Cheng noted she could sympathize with all the residents who had the understanding a one story house was required, but could also sympathize with the Fongs as they were not at the subdivision meeting. She suggested the neighbors and applicant go home and cool off before getting together to see if some compromise can be reached. Mr. Fong, applicant, noted he did not wish to invade the privacy of the neighbors, rather he liked the site, wished to construct a two story house as he has lived in one all his life, and would not want other than a two story house. He noted that when he bought the property, there was no indication a two story house was not allowed. The Public Hearing was closed Commissioner Jones noted that the City Council did not limit the residence to a single story house. The Council fully realized that within the 23 foot height limitation, a two story house could be built. Commissioner Comiso referred to the issue of sensitivity of this narrow lot and noted she felt the proposed development was a good use of the site. Commissioner Pahl stated that all residents of Los Altos Hills, as well as the surrounding neighbors deserved consideration in the development of this property. He noted the Commission's charge to protect the rural nature of the Town. He fir' noted he was impressed with the placement of the residence away from Fremont PLANNING COMMISSION MINUTES APPROVED July 10th, 1991 Page 9 Road, and the inclusion of the berm to lessen the impact. He noted the City Council had the option of modifying the subdivision map, however, it would be disappointing if they took that action as the Fong's have gone to considerable expense to design the house. Commissioner Cheng noted that as the City Council did not place a one story limitation at the time of subdivision and the issue of two stories was considered, she supported approval of the application. Chairman Noel noted he would like to vote to deny the proposed residence, but didn't know how he could as it is consistent with the Zoning, Site Development, and Subdivision Ordinances. He noted his wish for the applicant/ architect and neighbors to get together to discuss the development. MOTION SECONDED AND PASSED: Motion by Jones, seconded by Comiso and passed to approve the Site Development permit for a new residence, swimming pool, and tennis court with Staff Recommended Conditions 1, 2, 4 - 9, and the following condition #3: 3. Prior to final inspection and release of occupancy permits a landscape planting plan must be submitted to and approved by the Planning Commission sitting as the Site Development Committee. Drought tolerant and native plantings are recommended. AYES: Chairman Noel and Commissioners Cheng, Jones, Noel, Pahl NOES: None ABSENT: Commissioners Ellinger, Stutz 3.4 LANDS OF KOLYN ENTERPRISES, 13861 Cicerone Lane: A request for a Site Development permit for a New Residence and Swimming Pool MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso and passed by consensus to continue this item to the Planning Commission meeting of July 24th, 1991, as requested by the applicant. 3.5 An ordinance of the Town of Los Altos Hills amending definition of setbacks Bill Ekern introduced this item, referring to the proposed ordinance amendment. The Public Hearing was opened. No one wishing to speak, the Public Hearing was closed. Commissioner Jones noted his support of the proposed amendment. PLANNING COMMISSION MINUTES APPROVED July 10th, 1991 Page 10 Commissioner Pahl noted he spoke with three architects independently, and each indicated regarding Section 1 (3) that while two feet is acceptable, 30 inches was a more workable area for window construction. Commissioner Comiso noted she had also spoken with an architect and 30 inches was the area recommended for window design. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso and passed to recommend adoption of the proposed ordinance amendment with Section 1, (3) amended to allow window surfaces to extend thirty (30) inches beyond the setback line. AYES: Chairman Noel and Commissioners Jones, Noel, Pahl NOES: None ABSENT: Commissioners Ettinger, Stutz ABSTAIN: Commissioner Cheng 4. NEW BUSINESS Chairman Noel referred to the Joint Meeting scheduled for July 17, 1991, suggesting all five present commissioners make every effort to attend. 5. OLD BUSINESS 5.1 Selection of Chair and Vice -Chair for 1991-2 Removed to precede Item 2. 5.2 Planning Commission Meeting Schedule 6. APPROVAL OF THE MINUTES OF TUNE 26TH. 1991 Commissioner Comiso wished to clarify, under Item 6, that she did not second the motion for approval. Commissioner Jones referred to Item 3.6, Lands of Laub, and requested the comments of Larry Lihosit be moved to precede the motion for continuance. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso and passed by consensus, with Commissioner Cheng abstaining, to approve the minutes of June 26th, 1991 as amended. PLANNING COMMISSION MINUTES APPROVED July 10th, 1991 Page 11 7. REPORT FROM THE CITY COUNCIL MEETING OF TULY 3RD, 1991 Commissioner Pahl reported Lands of Circle was continued to the City Council meeting of September 5, 1991. The vote regarding Lands of Mooring was split 2 - 2 with 1 abstention. The Council's concerns were the same as the Commission's. Mr. Mooring indicated his interest in rebuilding the 1195 square foot structure that existed. The Council did not agree with the Commission regarding measurement of the building height for Lands of Fong (Oshima). Bill Ekern clarified that the regulations for the Yard Waste Recycling Center set down by the Council allowing only residents to use the Center are still in effect. He noted work is proceeding on setting up a 'canside' recycling program. Commissioner Comiso noted the pathways at the Zappetini subdivision had been destroyed. Bill Ekern clarified that they were to be redone and the subdivision was expected to be complete in the next month. 8. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETINGS OF IULY 2ND AND 9TH, 1991 July 2nd, 1991: Margaret Netto reported one item was reviewed and approved: Alm - driveway modification. 9. ADJOURNMENT The Planning Commission agreed by consensus to cancel the Planning Commission meetings of August 14th and 28th, 1991. MOTION SECONDED AND PASSED: Motion by Jones, seconded by Pahl and passed by consensus to adjourn the meeting at 10:30 p.m. Respectfully submitted, Laura Johnson Planning Secretary V