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HomeMy WebLinkAbout12/11/1991APPROVED PLANNING COMMISSION MINUTES OF THE REGULAR MEETING TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD LOS ALTOS HILLS, CALIFORNIA WEDNESDAY, DECEMBER 11TH, 1991 cc: Cassettes #19-91(l),19-91(2) 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Chairman Noel called the Planning Commission meeting to order at 7:30 p.m. in the Council Chambers at Town Hall. Present: Chairman Noel and Commissioners Cheng, Comiso, Ellinger, Jones, Pahl, Stutz Absent: None Staff: Bill Ekern, Director of Public Works; Margaret Netto, Planning Consultant; Linda Niles, Town Planner; Laura Johnson, Planning Secretary Commissioners Ellinger and Stutz arrived at 7:35 p.m. Chairman Noel welcomed Linda Niles, the new Town Planner, to the Town. 2. PRESENTATIONS FROM THE FLOOR There were no presentations from the floor. 3. PUBLIC HEARINGS 3.1 LANDS OF BECKER, 14290 Saddle Mountain Road: A request for a Site Development permit for a New Residence and Swimming Pool The Commission discussed re -opening the Public Hearing. Commissioner Pahl noted it should only be re -opened to hear information that had not previously been presented to the Commission. MOTION SECONDED AND PASSED: Motion by Comiso, seconded by Pahl and passed by consensus to re -open the Public Hearing. ` The Public Hearing was opened. PLANNING COMMISSION MINUTES APPROVED December 11, 1991 Page 2 Eric Bredo, 13820 Page Mill Road, noted he would highly prefer the property accessed off Saddle Mountain Drive, noting concerns that a larger, paved road would attract more traffic with people thinking the road went through to Saddle Mountain Drive. He referred to the back around/turn around requested by the Los Altos Fire Department, noting he presumed the land that would be required for this would not be from his property. Keeping Moon Lane closed to through traffic is a priority of the local residents, and it is important to maintain a gate to limit access to residents only. Moon Lane is currently essentially a horsepath and its use by even one more family could change the character of the area. Bob Schreiner, 14301 Saddle Mountain Drive, noted that when they bought their property, subdivision conditions prevented vehicular access from Moon Lane. Subsequently, the Mourad property received approval for development, barricades were removed and new barricades were required to be placed at the end of their property; the access allowed subsequently for the Schwarz property created a blind intersection in front of the Mourad residence. Mr. Schreiner noted the subject application proposes a three way intersection at the top of Saddle Mountain Drive which poses a danger. He noted his preference for access from Moon Lane. Liz Dana, Environmental Design and Protection, noted a driveway off Moon Lane 4 appeared almost impossible as it is a narrow, private road. A driveway off Saddle Mountain Drive could run almost on contour. She noted Moon Lane was constructed as a fire road, and should remain as one. Lewis Becker, applicant, wished to address the Planning Commission. Chairman Noel responded that the Commission was only allowing individuals who had not spoken before to address the Commission. Mr. Becker noted his objection to not being able to respond to the issues raised by the preceding speakers. The Public Hearing was closed. In response to a question from Commissioner Pahl, Bill Ekern clarified that Staff recommended vehicular access off Moon Lane, as outlined in past Staff Reports. Referring to the applicant's engineer's letter received December 11, 1991, Mr. Ekern noted he did not dispute that it may be difficult, but he felt it was the best solution and the project shouldn't be developed until that solution could be devised. Commissioner Pahl noted the size of the house had been decreased significantly, from 6500 square feet to 5,759. He also noted the access issue had been discussed at length, and he supported Staff's recommendation. In response to a question from Commissioner Comiso regarding the Fire t Department recommended turn -around, Mr. Ekern noted the applicant had spoken PLANNING COMMISSION MINUTES APPROVED December 11, 1991 Page 3 with the Assistant Fire Chief, Stu Farwell, who felt a solution could be developed in the field. The Commission could require engineering of the turnaround prior to issuance of a building permit or prior to building permit final. The applicant will probably have to obtain easements to do the work; this would add more developed area, but no more development area. It would have to be of a surface suitable for use by emergency equipment but will be in easements so it will not count as development area. In response to a question from Commissioner Pahl, Mr. Ekern clarified that the easements he expected would be necessary to do the turnaround would likely come from the Bredo and Mourad property. Commissioner Pahl asked if the Commission required access off Moon Lane and the applicant was unable to obtain these easements, then the property in Staffs opinion is not developable. Mr. Ekern responded that was correct. He clarified the the Fire Department requests the turn around whether the property accesses off Moon Lane or Saddle Mountain Drive, both of which will likely require slope easements from the same neighboring properties. Commissioner Pahl stated that restricting the property to being built a certain way, when in order to build it an easement it is not legally entitled to must be obtained, comes close to inverse condemnation. Mr. Ekern responded that he could only say �W the situation was a physical reality. Commissioner Ellinger noted a turnaround design that is acceptable to the Fire Department has not yet been submitted, regardless of where the ingress ultimately ends up, and the turnaround would likely have to be engineered after construction of the residence begins, and will likely impact other properties in that it may be necessary to gain easements. He suggested continuing the application to obtain plans acceptable to the Fire Department and Staff. He felt that leaving the critical issue of obtaining easements until after construction begins could result in a very pressure packed situation. Gerhard Sanders, project architect, noted that in speaking to Assistant Fire Chief Farwell, there are three or four options to create a turn around. Since Moon Lane goes all the way from Page Mill Road to Saddle Mountain Road, that could be used as a turn around if the width was appropriate. There would be no need to acquire additional land. In response to a question from Commissioner Pahl, Mr. Sanders noted the Fire Department preferred access from Saddle Mountain Road, so they had not discussed whether the turn around would work with access from Moon Lane. Commissioner Stutz noted that when the Mourad residence was built, the Planning Commission and City Council felt Moon Lane should be a through road, however, PLANNING COMMISSION MINUTES APPROVED December 11, 1991 Page 4 all the residents objected. She questioned why entrance should be allowed off Saddle Mountain Drive when no one else has been permitted off Saddle Mountain Drive. The Mourads gave up a great deal of property for the fire easement and agreed to put in a path and chain at the entrance to Moon Lane. She noted she did agree with the applicant's engineer that making Moon Lane a through road would be better for a number of reasons. Chairman Noel noted the property was in a precarious area and he continued to believed the proposed floor area and development area are too large for the site. MOTION SECONDED AND PASSED: Motion by Jones, seconded by Comiso and passed to approve the Site Development permit for a new residence and swimming pool. AYES: Chairman Noel and Commissioners Cheng, Comiso, Ellinger, Jones, Pahl, Stutz NOES: None The Commission discussed access. Commissioner Comiso noted she felt the Saddle Mountain Road access was very dangerous as it is a blind corner. There would likely be difficulty with construction trucks, which is addressed in the Staff Recommended Conditions of Approval, and as a permanent access there is great potential for trouble. Commissioner Jones noted access off Moon Lane would result in the road being paved almost its whole distance, it will look like a through road and there will more people trying to go through. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso and passed to require construction access only off of Saddle Mountain Road and as a condition for building permit final, permanent access shall be off of Moon Lane. Access off Saddle Mountain Drive shall be closed off in a manner acceptable to Staff prior to building permit final. All engineering for roads shall be completed prior to issuance of any building permits. AYES: Commissioners Comiso, Ellinger, Pahl, Stutz NOES: Chairman Noel and Commissioner Jones ABSTAIN: Commissioner Cheng MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso and passed to approve Staff Recommended conditions 1 - 9 and 11, and the following conditions 10 and 12. PLANNING COMMISSION MINUTES APPROVED December 11, 1991 Page 5 10. No certificate of occupancy shall be issued until any damage to Moon Lane, Saddle Mountain Drive and Stirrup Way relating to damage caused by construction is repaired to the satisfaction of Staff. 12. The dedication of that portion of the property not affected by the placement of the house and driveway, i.e. the downhill slope to the property line, only in areas in excess of 30% slope, shall be placed in Conservation Easement. No structures or grading except the grading needed to repair the landslide area will be allowed in this area. The recordation of this easement must be made prior to the issuance to building permits. The application must provide legal description and exhibits satisfactory for recordation. The Town will prepare the paper work for the offer. AYES: Chairman Noel and Commissioners Cheng, Comiso, Ellinger, Jones, Pahl, Stutz NOES: None ABSTAIN: Commissioner Stutz The Planning Commission took a few moments to speak to a young audience member to clarify access issues and the Planning Commission's actions on the Lands of Becker. taw 3.2 LANDS OF AHRENS, 13711 Old Altos Road: A request for a Site Development permit for a New Residence The Commission noted difficulty accessing the subject property as it is fenced. Commissioner Comiso noted she would abstain from voting on any project she could not access for a site visit. As all the commissioners had seen the property, the Commission elected to proceed. Margaret Netto introduced this item noting the applicant is looking for conceptual approval of the proposed residence before purchasing the property. She noted two Oak trees are proposed to be removed, and that Staff recommends redesign of the garage to retain one of these oaks, a 36 -inch tree. Ms. Netto noted the project underwent Site Analysis review and Staff felt the site was not highly visible and the proposed residence met the Towns goals for design. Commissioner Ellinger felt the issue was not the absolute height or absolute bulk of the proposed residence but the view line. The proposed residence rises 26 feet from the ground to cornices and if it was on a large property, well back from everything else and the view was from a distance, it might be acceptable. Looking up at the cornices, and the tall, vertical walls, the impression is akin to a city structure rather than rural space, so the proximity to the neighbors and to Los Altos is of concern. PLANNING COMMISSION MINUTES APPROVED December 11, 1991 Page 6 The Public Hearing was opened. Mark Srebnik, project architect, presented a site plan and elevations of the proposed development. He noted the subject property is somewhat uniquely situated, it is close to Town, but sits below University Avenue, has very little street frontage, and is not visible from surrounding streets. It can only be seen from the area of the footbridge and from the area of the existing gates. The house is proposed to be set back 80 feet from the property line. It starts single story from the drive, steps up to two stories for the bedrooms, then back to single story with the garage. He noted the owners wish to incorporate an antique glass dome in their entry hall. Mr. Srebnik passed around a board of photographs depicting a panoramic view from the site. He noted agreement with the Staff Report except for the condition requiring redesign for preservation of the Oak tree, given constraints on the lot. These include the sewer easements, one bisects the property and the location of the house is forced as it can't straddle this easement, and the constraints of the one hundred year flood zone. He noted they have received confirmation from the Santa Clara Valley Water District that the proposed development meets their requirements, and SCVWD has done modeling for the site. In response to a question from Commissioner Comiso, Bill Ekern noted that there 4 was land available for outdoor living space. Outdoor living space was discussed extensively at Site Analysis, and the applicants have left patio areas and other development area. He clarified that the entire lot is in the 100 year flood zone. SCVWD has an easement over the creek and the applicants have reached an accord with the SCVWD and understand the design constraints and issues the SCVWD wants them to address. Those items will be shown on the final engineered map. Mr. Srebnik noted the garage and a portion of the house can have a conventional foundation system, but the rest of the house will have to be raised on piers so it won't impede the flow of water. An 18 inch high curb will also be necessary to prevent creation of a situation that would have a negative impact on the neighboring properties. Commissioner Ellinger noted he thought the building design was beautiful, but questioned whether it belonged on the subject property. He wished to know whether there were any alternate designs to discuss. Mr. Srebnik responded that they had considered the placement of the house critical. Commissioner Pahl noted that one option was to reduce the size of the house. Mr. Srebnik responded that for the amount the lot cost, it would not be economically feasible to develop a smaller house. V PLANNING COMMISSION MINUTES APPROVED December 11, 1991 Page 7 Chairman Noel noted the importance of preserving the 36 inch Oak tree. Mr. Srebnik noted the Meyers were prepared to give a lot back to the Town in planting a whole row of trees. Chairman Noel felt the proposed residence was too large for the site, noting the applicants were asking the Commission to allow them to build to the last shingle. Commissioner Comiso noted the applicant was asking for what is allowed under current ordinances. She also noted that she understood when the Heritage Tree Ordinance was adopted that exceptions would be made. While she would prefer the Oak tree was retained, she felt removal deserved consideration because of the constraints of the lot. Jill Gilliland, 13691 Old Altos Road, noted there were originally three large oaks on the property, one was recently removed. The fact that the house is planted now doesn't mean the plantings will remain. She noted concern with grading and with the possibility of flooding. She felt the proposed 18 inch wall would protect her residence from flooding. Ms. Gilliland also expressed concern that with her residence 15 feet tall, and this new residence 30 feet tall, they will be looking in each others windows and suggested both residences slant away from each other. She noted the subject property was big overall, but was long and narrow, and a 7500 square feet residence was large for the site. Jerry Tossy, 220 University Avenue, Los Altos asked about the height of the proposed residence. Bill Ekern clarified that the maximum height is 27 feet. In response to a question from Mr. Tossy regarding plans for landscaping, Chairman Noel clarified that a landscape planting plan would be required to be submitted (Condition 10). Liz Dana, noted the Committee's opposition to cutting down the Oak tree. A house may not be there for long, but a tree will be. She questioned whether they had a permit for the partially removed tree. She questioned having a basement on a house in a flood zone. Amelia Ng, 13651 Old Altos Road, noted concerns regarding construction impacts and safety as Old Altos Road is a narrow, one way street. She noted she would like to retain the rural character of the street. Bill Ekern clarified that a pathway was already constructed within the road right of way on the fence side of the bike path. Commissioner Ellinger left at 9:05 p.m. The Public Hearing was closed. kw PLANNING COMMISSION MINUTES APPROVED December 11, 1991 Page 8 Commissioner Comiso noted one way to retain the mature oak tree is to move the garage, even though it may necessitate walking a distance from the garage to the house, perhaps connecting the buildings by a breezeway. Avi Meyers, applicant, responded that the tree is very low, with the main branches five or six feet above the ground. The garage would have to be about 50 feet away, and a 50 foot breezeway would take too much development area and would be architecturally infeasible. Commissioner Pahl noted that a Maximum Floor Area of 7500 square feet doesn't mean a 7500 square foot residence should be build. He noted that if a tree can't be saved as it is in the middle of a lot, it may be necessary to remove it; he did not believe it was necessary in this case as there are ways to address the problem, including downsizing the house. He also noted the residence is 27 feet straight up, with no eaves to give it proportion. He noted eaves create shadowing and lower the appearance of the house on the site. Commissioner Pahl felt the house would dominate the street, even though it is eighty feet back. Commissioner Stutz noted a 7500 square foot residence was too big for most lots in Los Altos Hills. She noted concern the proposed residence will dominate the L neighbors on the west side. She felt the residence could be downsized. She felt the fir separate garage was a good idea to preserve the Oak tree, and noted she would rather see a house around 6,000 square feet. Commissioner Jones noted he didn't know how to tell whether a house is too big. He felt that it was ill-advised to build up to the maximum allowed on a property, but noted the application could not be disapproved on that basis alone. He noted the Commission would need to have findings if the property is specifically limited to less floor area than what is allowed by ordinance. Commissioner Stutz noted the ordinance allows construction of up to a certain amount of floor area. In response to a question from Commissioner Cheng regarding the feasibility of a basement as the lot is in a flood plain, Mr. Srebnik noted basements are built in places with enormous amounts of rain. It is possible to seal the walls of the basement. Commissioner Comiso noted she has not often said a house was too big, but the length and narrowness and other constraints make this a difficult lot to develop. She also felt the proposed residence would stand out. Mr. Meyer responded that the proposed house is narrow and only rises in the area of one neighbor's house, and they propose a 30 or 40 foot tree for mitigation. Commissioner Comiso noted the L-9 PLANNING COMMISSION MINUTES APPROVED December 11, 1991 Page 9 neighboring house looms even with what appears to be a great deal of landscaping, and even though it is set back 75 or 80 feet from the road. Mrs. Meyer noted they had worked with the architect to nestle the house onto the site. Mr. Srebnik noted the house only goes up to two stories in two places. He also noted the cornice is not flat, but curving, to get the shadow line. Commissioner Pahl noted he did not believe this would provide the shadowing the architect expected. Chairman Noel stated that as people come into Los Altos Hills or go from the Hills into Los Altos they are going to look at a 7500 square foot house, larger than most houses in either city. He did not objection to the size, but felt the subject property was the wrong place. Chairman Noel also noted the Commission had made many suggestions, but the applicants had rebutted them all. Mr. Srebnik explained that it was not a matter of rebutting the commissioners suggestions, but rather of trying to elucidate the picture of the house he and the applicants have after working on the house extensively over the last two months. Commissioner Pahl noted the maximum floor area allowed on a property can be artificially reduced with findings. The Commission can say that a specific house does not fit on a specific site. There are many unique features on the subject property. The Planning Commission gave the application a great deal of thought, the applicant needs to choose whether to follow the direction. Commissioner Pahl felt the best idea was for the applicant to meet with Staff to review the Commission's direction. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Noel and passed to continue this item for redesign and to direct the applicants to meet with Staff. AYES: Chairman Noel and Commissioners Cheng, Comiso, Jones, Pahl, Stutz NOES: None ABSENT: Commissioners Ellinger 4. NEW BUSINESS Commissioner Jones volunteered to be the Planning Commission Representative at the City Council meeting of December 18, 1991. 5. OLD BUSINESS In response to a question from Commissioner Cheng, Bill Ekern clarified that a �, permit is not required to re -paint a house. PLANNING COMMISSION MINUTES APPROVED December 11, 1991 Page 10 6. APPROVAL OF THE MINUTES OF NOVEMBER 13TH, 1991 MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Jones, and passed to approve the minutes of November 13th, 1991. 7. REPORT FROM THE CITY COUNCIL MEETINGS OF NOVEMBER 20TH, AND DECEMBER 4TH, 1991 Commissioner Ettinger had distributed a summary report of the meeting of November 20th, 1991. 8. REPORT FROM THE SITE DEVELOPMENT COMMITTEE There were no Site Development Committee meetings on November 19th or 26th or on December 3rd or 10th, 1991. 9. ADJOURNMENT The meeting was adjourned by consensus at 9:45 p.m. k Respectfully submitted, Laura Johnson Planning Secretary