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HomeMy WebLinkAbout05/27/1992APPROVED Minutes of a Regular Meeting (� Town of Los Altos Hills PLANNING COMMISSION Council cc: Cas: May 27, 1992, 7:30 P.M. mbers, 26379 Fremont Road 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, Pahl, Jones, Stutz Absent: Ellinger Staff: Linda Niles, Town Planner; Joyce Reiter, Interim Planning Secretary 2. PRESENTATIONS FROM THE FLOOR ` There were no presentations from the floor. 3. CONSENT CALENDAR Public Hearing Items 3.1 LANDS OF BECKER,14271 Miranda Road: A request for a Site Development Permit for a minor Addition and a Deck MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso and passed to approve the public hearing item 3.1 as submitted. AYES: Chairman Noel and Commissioners Cheng, Comiso, Pahl, Jones, Stutz NOES: None ABSENT: Ellinger 4. PUBLIC HEARINGS 4.1 LANDS OF COLE, 23219 Ravensbury Avenue: A request for a Conditional Use Permit for an Existing Commercial Stable Linda Niles introduced this item stating that numerous letters from residents were ` sent in to the Town in favor of the Full House Farm. Faxed letter was received by the Town from Mr. Goodwyn Steinberg after the agenda packet went to the Commission. Planning Commission Minutes APPROVED May 27,1992 Page 2 M Mr. Steinberg expressed concern regarding the number of horses. He prefers that the number remain at 14 rather than increasing to 20. His concern regarding the number of horses is that they are concentrated in one area and that he did not think that was the intent of the ordinance. He requested that the removal of manure be done more often, possibly twice a week instead of once a week. Ms. Niles stated that a recommended condition is that the Town review the Use Permit in six months and in one year and allow it to operate with yearly inspections to be accomplished by herself and the Health Department. Ms. Niles stated that the staff recommended that the existing location of the tack room and stalls be approved without relocation. The applicant's primary residence is on the site, therefore, they do have supervision for the site from 6:00 a.m. to 6:00 p.m by staff and by the family the remaining hours of the day. It is a requirement that there be someone on site for commercial stables at all times The Public Hearing was opened. Christine Cole, the applicant, presented letters of confirmation that manure removal is being done. 6W Commissioner Jones expressed concern that there may not be enough parking with 20 horses. Ms. Cole stated that traffic will be kept to a minimum since this is a private lessons operation which is usually one person leaving while one person arrives. She noted that there is currently no parking problem for the neighbors and none is anticipated in the future. Ms. Cole agreed to regular interval inspections. Ralph Elliott, 312 Silvia Drive, stated that he is in favor of the Full House Farm and that it is very clean. Greg Miller, 23190 Ravensbury, stated that he is in favor of Full House Farm and had experienced no odor. Mr. Steinburg stated that he is in favor of the Full House Farm., however, expressed concern regarding the manure odor and stated that he is not in favor of an increased number of horses which would contribute more to the problem. Mr. Steinburg stated that he is in favor of a 1 -year approval of the project providing ( the item return to the Planning Commission for a Public Hearing at the end of the � r year. He suggested regular inspections every 6 months. Planning Commission Minutes APPROVED May 27,1992 Page 3 Commissioner Jones stated that the only odor noticed when he visited the site was chicken manure. Triona Watson, 50 Oak Street, Los Altos, President of Los Altos Hills Horseman's Association, stated that she is in favor of the Full House Farm. Nan and John Komo, 23225 Ravensbury, questioned whether or not the other neighbors are being affected as Mr. Steinberg is or is his an isolated case. Mrs. Komo noted that it is possible that it is another neighbor's sewer line which she has smelled. Commissioner Ellinger stated that if there is a question of whether the sewage is the possible problem, the Commission could have the County check into this. Enya Honda, neighbor, stated that she is in favor of the Full House Farm. She noted that she doesn't understand the manure issue being worse just recently. Ms. Cole stated that she has read the recommended conditions and agrees to stop at 8:00 p.m. in the summer, although she prefers 9:00 p.m. The Public Hearing was closed. Commissioner Comiso expressed concern regarding permitting through this Use Permit the use of Public Paths for instruction. Commissioner Comiso noted that regarding removal of manure in summertime, September and October seem to be the worse months for odor. She questioned whether or not there is a way that they could remove the manure more often during the dry season. Ms. Cole stated that she didn't think there would be a problem removing it all as Mr. Steinberg asks, as long as it is being used rather than taken to the dump. It can be bagged and used by the community. Commissioner Stutz noted that closing down 1 hour after sunset in the winter presents a hardship to the applicant. She would like to leave closing time at 8:30 p.m., and she requested that the total number of horses be approved at 20. Commissioner Pahl stated that he prefers the number of horses stay at 14 rather than increase to 20. MOTION SECONDED AND PASSED: Motion by Stutz, seconded by Ellinger and passed to keep Condition 4 as it is in the Recommended Conditions for a L Conditional Use Permit with the total number of horses allowed to be 20. Planning Commission Minutes APPROVED May 27,1992 Page 4 AYES: Chairman Noel and Commissioners Cheng, Comiso, Ellinger, Jones, Stutz NOES: Pahl ABSENT: None Commissioner Jones would like to know whether or not if Dr. Steinberg decides that there seems to be a problem, he can call the Town to determine whether or not a problem actually is the stables and whether or not the staff would have to put something in this Conditional Use Permit to enable that process. Ms. Niles answered no, that anyone could call the Town at anytime. Whenever there is a Conditional Use Permit issued on any property a phone call will trigger the Town to go out and inspect to determine whether or not it is being operated as permitted under the Conditional Use Permit. If Dr. Steinberg smells something before 6 months we can go out and make an inspection. Commissioner Jones stated that he would like to see the Town involved in this process if there is a problem just as an unbiased party to help to determine what the problem is. It is just a part of the process in general. Ms. Niles noted that the Commission could include additional wording such as that in Condition 2 because that is the intent of Condition 2. Whether or not the Town or the neighbor notices it we can come back and go through the review process again. Commissioner Jones stated that he feels that the fact that it has been mentioned at this meeting is sufficient. MOTION SECONDED AND PASSED: Motion by Stutz, seconded by Comiso to accept the Conditional Use Permit for the Lands of Cole existing Commercial Stable with the conditions as modified. AYES: Chairman Noel and Commissioners Cheng, Comiso, Pahl, Ellinger, Jones, Stutz NOES: None ABSENT: None 4.2 LANDS OF FINN, 12002 Finn Lane: A request for a Site Development Permit for a Decorative Second Floor Widow's Walk for a Newly Constructed Cabana Associated with a Single Family Residence Linda Niles introduced this item. The intent of limiting the particular elevation for the cabana was to limit grading allowed on the property. To lower the elevation would also reduce the height of the structure, but nowhere in the original approval �v of the cabana was it required that there be a limitation on the height. Planning Commission Minutes APPROVED May 27,1992 Page 5 The Public Hearing was opened. Stephen Finn, the applicant, stated that he would like the wood trim of the Widow's Walk to be off-white, and he would like the pool house to match the existing main house. Commissioner Pahl asked Mr. Finn if it would be alright if the staff were to modify Condition 1 to say that the paint color shall match the existing main house. Mr. Finn agreed. Mary Ellen Silver, 24840 Prospect Avenue, neighbor adjacent to the Finn property, asked whether or not the Widow's Walk and its permit are being passed to allow a Widow's Walk on the main dwelling itself? She noted that she had spoken with Bill Ekern last year as the Widow's Walk was going up and he said that Mr. Finn realized that he was in violation and would file for a variance in the future. She stated that she had never received notice of such a variance. Ms. Niles noted that a former height variance was granted. A final administrative approval for an addition of a Widow's Walk was granted by Bill Ekern in October, 1991 to be added to the main dwelling. kbw MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Ellinger and passed to approve this item with modification to Condition 1. AYES: Chairman Noel and Commissioners Cheng, Comiso, Ellinger, Jones, Stutz, Pahl NOES: None ABSENT: None 4.3. LANDS OF HARSLEM/CLASQUIN, 13641 Paseo del Roble: A request for a Site Development Permit for a major Addition, Carport, Walkway, and Deck, and a Variance to Exceed MFA and MDA Linda Niles introduced this item. The Public Hearing was opened Lorraine Clasquin and Eric Harslem, the applicants, stated that they would like clarifications on the Conditions. Regarding Condition 2, they were concerned whether or not fire retardant roofing is a requirement on new residences. Mr. Peterson stated that this is a recommendation, not a requirement. Ms. Clasquin noted that since the proposed is not near a setback she would like to have Condition 6 removed, and there are also no skylights. She also noted, Planning Commission Minutes APPROVED May 27,1992 Page 6 kreferring to Condition 8, that the trail is located on the opposite side of the street, so this condition should not apply to her. Commissioner Stutz stated that there was a pathway given to both sides of the road with the idea of one being used by pedestrians, the other used by horses. She would not say that we need to have anything done on this, but they just need to be aware that there is an official easement on the property. Greg Ybarra, Designers Associates, stated that as part of the grading and drainage plan he had conducted a field survey to locate the house on the property. That was their primary concern. He noted that the grading and drainage plan that the Commissioners have in their packets does correctly locate the house. Commissioner Jones noted that if the applicants have an old survey signed by the City Engineer that will be good enough. Mr. Harslem noted that this house is not a pole house because under the house is a conventional stud wall from the foundation to the roof and it has not been modified. Ms. Clasquin stated that the reason for expanding now is because the applicants are kw under -developed for the neighborhood. Because of the nature of this steep lot, the house is basically loaded on one side. Ms. Clasquin asked Mr. Peterson whether or not he had reviewed the grading and drainage plans that had been submitted. Mr. Peterson stated that most of the time grading and drainage plans are conceptual at first and there may be details such as outlining roof leaders and other things that are not shown initially that need to be reviewed at the building permit stage. Dot Schreiner, Chair of Pathways Committee, stated that she had difficulty with one of the findings. The MFA says 4850, the proposed says 5640, the existing says 5162. She stated that she would think that an increase would be different between the maximum and the proposed which would bring it closer to 800. She noted that this is not an unusual house. If this is a finding that is acceptable she feels that it sets a bad precedence. kw k Planning Commission Minutes APPROVED May 27,1992 Page 7 Ms. Clasquin stated that the finding is incorrect and that there are homes in our subdivision that exceed 8000 SF. The Public Hearing was closed Commissioner Jones noted that he is uncomfortable with finding #1 as stated. The idea that just because your neighbor has an 8000 square foot house does not mean you are entitled to one. Each lot in our town is individually sized as to how much is permitted. He noted that he would like to point out that this Commission, for as long as he has been on it, has done exactly what has been requested in the Dawson subdivision. This Commission has approved the excavation of the room inside the existing house which is essentially what this is. Commissioner Pahl noted that the Commission made that specific finding based on the outdoor living area. Commissioner Ellinger asked Commissioner Jones whether or not there is a way to word a finding for this property that would be logical. The applicant is requesting to use the area within the footprint of an existing house. Commissioner Jones noted that he may have voted for that, but the more he thought about it the less it seems it is in accordance with the ordinances. Commissioner Pahl noted that the Quaker property had the same problem with this situation and a variance was approved. This provides this particular property privacy that other properties do not have that are similarly situated. The problem is not the logic, but it is our ordinances. He does not think that the staff can make the finding that this is a unique situation, and the staff would be granting a privilege. Commissioner Ellinger recommends that this item be moved up to the City Council if there is going to be a variance. Commissioner Comiso noted that the staff would have to find something that is so different by state law and by the ordinance to make a finding that makes this property so different. Planning Commission Minutes APPROVED May 27,1992 Page 8 Commissioner Stutz noted that as she understands it, the increase in the floor area is the main problem to the Commission. She would not object to their going over the development area for the reason that the applicant very badly needs those 4 places for cars and for fire trucks to enter, for a safety reason. She noted that she does not like finding #1. It has nothing to do with the size of the house. MOTION SECONDED AND FAILED: Motion by Pahl, seconded by Comiso to deny the variance and direct staff to forward it to the City Council for determination of whether they could make the findings to approve the variance. AYES: Chairman Noel and Commissioners Cheng, Comiso, Pahl, Ellinger, Jones, Stutz NOES: None ABSENT: None 4.3. LANDS OF WOOLEY, 12375 Melody Lane: A request for a Site Development Permit for a New Residence, Pool and Hardscape Linda Niles introduced this item. Ariel Wooley, applicant, and Chip Jessup, Architect, stated that there were no problems with any of the conditions or the pathway. The Public Hearing was opened. Marjorie Kellog, 12365 Melody Lane, stated that she has no problem with the project, but the pathway is a problem. It has never been maintained. Commissioner Stutz noted that this is the only chance to get the pathway upgraded and maintained. Mr. Jessup questioned how much upgrade the Commission requires the applicant to do. Commissioner Stutz stated that our standard path is 4-5' wide consisting of a fine gravel which is compacted. The Town maintenance has been very poor. In response to Ms. Kellog's question regarding what is the pool fencing ruling, Commissioner Comiso answered that pool fencing is recommended, but not required. The Public Hearing was Closed. V Planning Commission Minutes APPROVED May 27,1992 Page 9 kaw MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Cheng and passed to approve this item with added wording to Condition 9 and to add Condition 11; regarding Type IIB Pathway AYES: Chairman Noel and Commissioners Cheng, Comiso, Pahl, Ellinger, Jones, Stutz NOES: None ABSENT: None 4.3. LANDS OF YOUNG, 27840 Saddle Court: A request for a Site Development Permit for a New Residence, Pool and Hardscape Linda Niles introduced this item, noting the Town received a letter from Dr. Robert and Drucilla Anderson, 27820 Saddle Court, which should be in each commissioners' "In" basket. The staff has put in 3 alternative actions that the Commission could take; it's either or, not all 3. The recommendations are either to: 1) continue the application to allow the applicant to resubmit the design that reduces the square footage of the project and allows for the structure to sit further into the site to accomplish the intent of the Site Development ordinance which is to preserve the ridge lines and hilltops, etc. 2) approve the requested Site Development permit as submitted subject to the attached conditions. 3) continue the application to the June 10th meeting to allow the staff to return with findings to deny the project as submitted. The difficulty here is that the applicant is proposing a very pleasing design and he is also keeping the project to one-story. The problem is that the project is on a ridgeline and the structure is extending out past the natural grade of the ridgeline by 29'. The bulk of the project is evidenced with a depth of approximately 95' to the structural members that you can view from the west and east sides of the project. He has 170' of width proposed for the project. The grading has been reviewed by the City Engineer as well as the proposed drainage. The project is using a sewer instead of a septic system. The Public Hearing was opened. Aaron Green, Architect, stated that he was disturbed that the Staff Report disagreed with the applicant's proposal. Referring to the items on the exhibit handout to the Commission: V Item 1: He noted that they developed the driveway where it is to make the 40' allowance. They had to reduce it after a discussion with the staff. 440 Planning Commission Minutes APPROVED May 27,1992 Page 10 Item 2: Cross sections; our plans developed them and you have those. Your staff emphasized to us that you do not like vertical structures. Our owners' request was that we do a two story house so that the upper elevation would give them more of a view. As a result of the sensitivity that you have we convinced them that a one- story house on this site would be better. Item 3: The Geotechnical Report has been provided. Item 6: Slope protection conservation easement has been made a condition relative to 30%, but we have 28% so that does not apply. Item 7: Our design of the overall height from the lowest grade to the highest structure does not exceed 35'. Commissioner Pahl stated that Mr. Green views the numbers as statutory refinements. One of the difficulties with this lot is it approaches unbuilciable because of the steep slope. It is approaching such a steepness that perhaps the magnitude of this house is too visible and too much of an impact on this site. Mr. Green stated that he and the applicant have conformed to all the Town's L written ordinances as well as recommendations of the staff. He noted that on this 4Ir' basis he has made several design changes at several stages and resubmissions during the staff review period. He stated that the Staff Report confirms that he is within the maximum floor area and maximum development area. The report is incorrect in stating there will be a septic tank in the leach field. He noted that the applicant is only able to connect to a sanitation sewer system. Mr. Green stated that he and the applicant have done all that was required. They have reviewed all the conditions and agreed, but would like condition 7 to be 27'. Drew Anderson, 27820 Saddle Court, neighbor who sent the letter to the Town with a number of concerns, noted that the design is quite attractive, but the massiveness of the house next to hers is a big problem and she would like it delineated. The height of the property is a problem, imposing on her privacy. No plantings could solve this problem. Her suggestion is to scale down and move to the right, closer to the road. Commissioner Pahl stated that the house cannot be pushed closer to the road because it would be in violation of the Town ordinance. He noted that six years ago our ordinances were modified to make it more strict. He noted to Mrs. Anderson that the massive picture windows she spoke of would be just 5back. 7 �ar Planning Commission Minutes APPROVED May 27,1992 Page 11 Mr. Green noted that relative to the cantilevering over the slope, actually there is no structural cantilever except for the 10' deck extension. The report states that the house is not an excessive height. However, it is higher than the standard one-story due to the extension of the living area over 7' high piers. The statement should say "higher than a standard one story on a flat lot". Mrs. Anderson stated that she feels that this applicant is being allowed to push everything to the limit. She feels that the staff had ought to look at all sides and recommends the Commission consider the height. Jack Smith, 27860 Saddle Court, expressed concern about the impact that the size will have on the preservation of the views. He does not feel that trees will cover the lot as the applicant plans. He recommended that the house be sized down 10- 15'. He suggested that the sewer line be built lower and pumped up. Commissioner Stutz suggested the house be set down hill another 40' to minimize looming over the neighbor's house. Martha Bouden, 27833 Saddle Court, neighbor across the street on the ridge, expressed concern regarding the landscape. The large trees near the road will impact the views. She noted that she supports Mrs. Anderson's concern regarding the property view. She suggested the house be constructed on the crest of the dome for less impact on the view on the neighbor. Alan Seever, 27869 Saddle Court, agrees that this house will have a major impact on the Andersons' lifestyle. Eric Bredo, 13820 Page Mill Road, expressed concern regarding the size of the house. He noted that directing the construction down hill will contribute more to the drainage problem on Moon Lane. Henry Mourad, 13300 Saddle Mountain Drive, expressed concern regarding the safety issue of construction vehicle traffic. He also expressed concern regarding drainage and lighting. Ms. Schreiner noted that she will be very aware of the massive cantilever. She noted that landscaping is not allowed downhill where the applicant's plan shows trees. Eric Hicks, the applicant's representative, noted that Mr. Green observed two items, but not the third which affects the neighbors. He recommended the house be {, designed down in size. v Mr. Green presented the applicant's plan and pointed out that the landscape will shield the property and the driveway is the same as the Andersons'. Planning Commission Minutes APPROVED May 27,1992 Page 12 The Public Hearing was closed. Commissioner Jones noted that the story poles were not installed when he visited the site and that he would like to go back and review the site again. MOTION SECONDED AND PASSED: Motion by Jones, seconded by Ellinger and passed to adjourn the meeting to meet on site with the applicants and their architect at 6:30 p.m. on June 10th. AYES: Chairman Noel and Commissioners Cheng, Comiso, Pahl, Ellinger, Jones, Stutz NOES: None ABSENT: None Commissioner Pahl suggested that the applicant talk with the neighbors. He noted that this development pushes the standards to the limit and that we need to look at other alternatives. He noted that he does not like the story poles. Commissioner Ellinger expressed concern regarding the impact on the neighbors and he would like to go back and view the story poles. He noted that regarding Mr. 4W Hicks' comments, setting the building down changes the whole design concept. Commissioner Comiso noted that the Site Analysis has gone by the way causing problems for everyone. The Commission is trying to get it back. Commissioner Stutz stated that she does not feel that this is the house for this property. She noted that the roof will be visible from the street. Commissioner Comiso noted that it would be very good for the City Council to have a transcript explaining what happened to this house through the site development process. She noted that the staff who is here tonight is not the same staff who did this. This staff has been trying to get it back to this site analysis where we can bring people together before they have a plan they have fallen in love with so that we can discuss these lots that are problems. �04FWM-151*11111ZW 5.1 Commissioner Comiso requests minutes for the Planning Commission and the City Council be put in the file for microfiche. • � yii;l�'z9 No old business. 4W Planning Commission Minutes APPROVED May 27,1992 Page 13 7. CMEETING• • M_ ► lY C•u _:► t • • OF : C _22,1992 MOTION SECONDED AND PASSED: passed toapprove 8. •MU •►_C.S' COMMEN 9. REPORT FP -'QM THE CITY COIMIL MEETING OF APR]115,1992 t REFQRT FROMM.1_ • ul ►M • u u rr M _ • MAY Y 10.1 LANDS OF OWEN, 14850 Manuella Road: A request for a Site Development Permit for Landscape Plantings and Hardscape Linda Niles noted that this item was approved. There were concerns regarding a retaining wall that was in the road right-of-way that was allowing them to have additional parking area to back out of. The City Engineer is reviewing that project [ for what conditions will be necessary on the retaining wall. The landscape plan was bW agreed upon by the neighbors. The fence heights were reviewed and approved. 10.2 LANDS OF SCOTT, 27856 Black Mountain Road: A request for a Site Development Permit for Landscape Plantings and Hardscape Ms. Niles noted that the main house project was just an exterior renovation. The applicant proposed plants in his landscape plan to encourage wildlife to feed on. MOTION SECONDED AND PASSED: Motion by Comiso, seconded by Ellinger and passed to adjourn the meeting at 11:50 p.m. Respectfully submitted, Joyce Reiter Interim Planning Secretary