HomeMy WebLinkAbout08/27/1992APPROVED
Minutes of a Regular Meeting
4•r Town of Los Altos Hills
PLANNING COMMISSION
Thursday, August 27,1992,7:30 P.M.
Council Chambers, 26379 Fremont Road
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The Planning Commission meeting was called to order at 7:30 p.m. in the Council
Chambers at Town Hall.
Present: Chairman Pahl, Commissioners Comiso, Ellinger, Schreiner, Sinunu
& Stutz
Absent: Commissioner Cheng
Staff: Linda Niles, Town Planner; Land Lonberger, Planning Secretary
2. PRESENTATIONS FROM THE FLOOR
None.
3. CONSENT CALENDAR
None.
4. PUBLIC HEARING
4.1 LANDS OF LOHR, Lot 27, 24013 Oak Knoll Circle: A request for a Site
Development Permit for a New Residence.
Ms. Niles introduced this item. The proposal is for the construction of a new one
story single family dwelling unit on an existing 1.10 acre lot which is located in the
mid-section (upper eastern portion) of the McCullouch subdivision. The average
slope of the lot is 13.34% with a Lot Unit Factor of 1.02. The lot is located close to the
highest site of the subdivision. Restrictions were placed on several of the lots
through the subdivision process relating to noise mitigation, height limits, size
limits, conservation easements, siting limits, and restrictions on further subdivision
of any of the new lots. The site is very visible from the surrounding properties and
across the valleys and freeway to the north, south, and east. Story poles have been
placed on the site for the Planning Commission's review. The project has been
planned to include all outdoor living area that the new buyer wishes on the lot
( which includes decking and a pool. Staff has recommended an additional
.
�r condition in the Recommended Conditions for approval which addresses heights of
landscaping in order to maintain the view corridors across the lot. The Town's
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August 27, 1992
Page 2
geologist has reviewed the project and the City Engineer has reviewed the grading
and drainage and we are recommending approval.
Chairman Pahl referred to page two, paragraph two of the Staff report stating "new
buyer wishes" and asked if there was a specific buyer. The answer was yes
Commissioner Ellinger noted error on page 3, paragraph four, height of structure as
26'621' 6".
OPENED PUBLIC HEARING
Steve Lohr, J. Lohr Properties, 586 Lagunita Drive, Stanford, stating the house is
described as Lands of Lohr as the buyers wish to be anonymous. This is a lot which
sits near the top of the subdivision and one lot below lot 26. When originally
preparing the final map on this project there was a concern regarding lots 26, 27 and
28 all being in a row. They were fortunate to have a buyer for the lot who actually
wanted the main access of their home on the north south direction. This breaks up
the feeling of three homes, one above the other. This particular home is nestled
into the hillside.
Commissioner Stutz stated that she really likes the house, however, asked why the
swimming pool was put across the contours rather than with the contours. There is
a lot of land back there and if the pool was with the contours it would require less
grading. One of the reasons for putting the pool on the contour and not putting it
across the contours is that the feeling is that slope lots should not necessarily have a
big, large, flat area like a flat lot would. She is concerned with the amount of the cut.
Commissioner Schreiner asked Mr. Lohr if there was any other way to place the
property so there would not be so much cut?
Mr. Lohr stated they had taken a look at various possibilities; one was putting it
closer to the road, however, he felt it would have greater impact upon the grading as
it gets closer to the road, rather than having the natural contour for the first 60', it
might come in 20' from the road. Also, the client wanted more of a setback which is
100' rather than the standard 40'. The amount of grading is primarily due to trying
to keep the house low enough so views could be maintained from the south east
and from the south west.
Chairman Pahl asked Mr. Lohr if he had read the recommended conditions by Staff
and if he had any difficulty with any. Mr. Lohr responded that he had and there
were none.
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Page 3
CLOSED PUBLIC HEARING
Commissioner Schreiner is concerned with 4,000 cubic yards of grading. She
understands that Mr. Lehr's main concern is for visibility for all the lots and she
understands that he will be developing 15 homes in this area. She discussed items
in William Cotton's report, page 2, paragraph 4 and asked if it is appropriate to
locate the surface drainage energy dissipater immediately adjacent to the adjoining
parcel. Another concern is for the driveway which is in setback and will impact
adjacent property. She would like to see the driveway placed differently. At the
August 19th meeting, the City Council mentioned that they are interested in what
happens in this subdivision and are concerned that the homes do not resemble tract
homes.
Commissioner Sinunu is in favor of a home that can be as low as possible.
Commissioner Ellinger noted in his experience with slopes that 29% slope is too
much to walk on, too much to plant on and too much to expect to stay up in the
rainy season. He would suggest redesign.
MOTION SECONDED AND PASSED: Motion by Commissioner Stutz and
Seconded by Commissioner Sinunu to accept the Site Development Permit for a
new residence for the house and garage as designed and continuance for return with
a redesign of the back slope and pool.
AYES: Chairman Pahl, Commissioners Comiso, Ellinger, Schreiner, Sinunu
& Stutz
NOES: None
ABSENT: Commissioner Cheng
This item will be set for the September 9th Planning Commission; second item on
the agenda.
Commissioner Comiso, in answer to Commissioner Schreiner's concern with the
subdivision not appearing like a tract, stated that she has known Steve Lohr for 30
years and noted the one thing he does not do is build tract homes.
4.2 LANDS OF CHOWN, 13822 Page Mill Road: A request for a Site Development
Permit for a Secondary Dwelling.
Ms. Niles introduced this item noting that the proposal is for the construction of a
new one story detached secondary dwelling unit on an existing 3.59 net acre lot. The
�. average slope of the lot is 28.2% with a Lot Unit Factor of 2.19. The applicant has
taken care to design the project to match the existing dwelling unit as much as
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August 27, 1992
Page 4
possible and to design within the setbacks and height limits of the Town. The unit
is proposed at 1000 sq. ft., an additional parking space outside the setback is proposed,
and the Health Department has approved the project in conformance with the
requirements for secondary units set forth in Section 10-1.702(k) of the Zoning Code.
The overall height of the structure at the front of the unit is 12'6", and at the rear of
the unit (on the steep downhill side) the overall height is 256". The project is
proposing to support the unit with drilled piers.
Commissioner Comiso asked Staff if this project had been in before for any site
analysis and Staff responded that the applicant and representatives had been in to
ask what they could do, requirements, etc.
OPENED PUBLIC HEARING
Cam Greg, General Contractor for the Chown project, stated that there was a medical
need within the family to have a secondary dwelling close by without any elevation
changes to be able to have one level. Everything was designed for wheelchair
accessibility.
4 Chairman Pahl felt this house could be built in downtown Palo Alto. He feels the
w house has no relationship with the land. Other than that, it is a fine house,
however, there has to be some way to put this house on the land so its not offensive
to the remainder of the community. He asked if there is any other way to
accommodate the owners as the house does not fit the property.
Dot Schreiner, 14301 Saddle Mountain Drive, speaking as a resident and former
Pathway Committee Chairman, would like to recommend that if Commission
approves this dedication of a path along the road right-of-way on Moon Lane.
Moon Lane is a private road and they have almost all of it except for this property
and one other one so she would like dedication of just a native path. She is also
concerned that Moon Lane not become an access point of through traffic to Saddle
Mountain. She asked the Commission to put a condition on that this property be
accessed from Page Mill only.
Commissioner Stutz is asking for use of Moon Lane for path purposes, the entire
length of it, picking up what the Chown's already have in existence. Mrs. Schreiner
agreed with suggestion.
Ramona Chown, 13822 Page Mill Road, stated she thought there always was a
pathway. It has been used for 27 years that they have been there.
CLOSED PUBLIC HEARING
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August 27, 1992
Page 5
Commissioner Stutz stated as a wheelchair user she is very aware of what is going
on this property and she thinks the Commission is asking a great deal from these
people who have a lot of land and try to place their secondary dwelling on a second
level when the main purpose is to get something on the same level for wheelchair
access. She agrees it looks like a little house on stilts, however, feels how the
ground drops she doubts if anyone will really notice it.
Chairman Pahl disagrees with Commissioner Stutz mentioning that the house does
not touch the ground and only the porch comes close to touching the ground.
Commissioner Ellinger stated, with all do respect for the need for wheelchair access,
he agrees with Chairman Pahl that this was not designed for the lot. He would
suggest and would be willing to look at as a redesign in locating this secondary
dwelling off in the east side of the property even if it meant moving the driveway
around the south side of the house in the setback area making a cut and some sort of
retaining walls to accommodate the driveway. This is only one suggestion.
Chairman Pahl stressed that they do not want to design this house.
MOTION SECONDED AND PASSED: Motion by Commissioner Comiso and
seconded by Commissioner Stutz to continue the item to allow the applicant to
redesign the project in a better location.
AYES: Chairman Pahl, Commissioners Comiso, Ellinger, Simmu & Stutz
NOES: None
ABSENT: Commissioner Cheng
ABSTAIN: Commissioner Schreiner
The application has been continued and a redesign is requested. The Commission
requested the applicant to work with Staff.
Ramona Chown asked to speak. She stated that before they decided the placement
of the secondary dwelling they considered other areas, however, they would have
required a lot of cut and fill and from past experience attending Planning
Commission meetings, she was aware that a lot of cut and fill was not wanted.
Ideally, there are other places to put a house, however, not this kind of a house.
Commissioner Ellinger stated he had some ideas and will meet with the applicant
and staff in an informal meeting.
9N
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August 27, 1992
Page 6
4.3 LANDS OF MEHRLICH, 23923 Jabil Lane: A request for a Site
Development Permit for a New Residence, Patios and Pool.
Ms. Niles introduced this item stating the proposal is for the construction of a
single -story residence and swimming pool on a 1.25 -acre lot located at the end of
Jabil Lane just south of Magdalena Road. The applicant proposes to demolish an
existing 900 square foot house on the property. No other developed areas are
present on the lot. The proposed residence consists of 5,910 square feet of floor area,
467 square feet short of the maximum floor area allowed for the site of 6,377 square
feet. The proposed residence includes a full basement which comprises an
additional 5,040 square feet of floor area. The entire basement, as proposed, lies six
feet or more below natural grade according to project plans, and is therefore not
considered as floor area for the purpose of MFA calculation. A portion of the
proposed garage also lies six or more feet below natural grade. The project plans
divide the basement into 2,580 square feet of livable floor area including gym,
laundry, playroom, and shop; and 2,460 square feet of mechanical/storage/high
crawl space. William Cotton and Associates have reviewed and commented on the
project plans along with the soils report submitted by the applicant. The City
Engineer has reviewed and commented on the project grading and drainage plan,
and modifications to the site plan have been made by the applicant's civil engineer
to address these comments. Additionally, a final grading and drainage plan will be
submitted and approved by the City Engineer prior to issuance of a building permit
for the project.
Chairman Pahl asked Staff why condition 12 was added to this project. Ms. Niles
stated that due to the amount of grading and truck traffic this condition was added.
OPENED PUBLIC HEARING
Peter Duxbury, Architect, Palo Alto, felt the Staff Report was complete. He thought
he would explain the design philosophy. This is a beautiful lot and totally
surrounded by trees. Their effort was to design a house that took advantage of the
site and to design the house so it left an open feeling. The only grading they want to
do is to take out the other terrace. What they are trying to do is to take this lot and
leave all the existing trees and vegetation and return the slope back to its original
form.
Chairman Pahl asked Mr. Duxbury if he had read the Staff's Recommended
Conditions 1 through 12 and if he had any difficulties with any and he responded
yes and there were none.
f Arthur Beato, 23505 Fernhill Drive, in his letter addressed to the City Clerk and now
objects to the proposed building pad placement. Stated the current pad indicated by
the markers is on the highest point on the property, and feels this would impact the
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August 27, 1992
Page 7
natural setting more than other potential pads on the property. The proposed pad is
at the extreme end of the property, as close as possible to the property immediately
above it, and towering over his patio area which is adjacent to it. He stated this is
especially disturbing in that there is an existing building, at the extreme other end of
the property, which already defines the building site. Mr. Beato feels that there are
at least two other building pads that are preferable from an environmental impact
perspective, being more central, lower and wider. He feels this is an inappropriate
house and much too large for the property size. He also feels that the placement of a
pool is so close to a neighboring pool it should be taken into consideration.
Commissioner Ellinger stated that he sympathizes with a couple of Mr. Beato's
observations. He discussed the size of the house noting it was not too big. He asked
Mr. Beato if the house was two story and moved to the location he mentioned,
would that be preferable?
Mr. Beato stated it might be more desirable. He feels this is too much house for the
size lot. On a 3 acre lot it would be fine. He feels the plan has not taken into account
the neighbors.
Commissioner Ellinger explained that in the Commission's position in order to
deny something they have to have a reason for it and the numbers do not provide a
041W reason. He expressed to Mr. Beato that his concern is well presented and there is a
general rule regarding buildable space on a lot and he may want to take up that
general rule with the City Council at some point.
Commissioner Comiso discussed the placement of septic field if the house was
moved down.
Chairman Pahl discussed the size of the leach field which is of a greater size than
when the house was originally built. He discussed with Mr. Beato other possibilities
of the house placement in relationship to the leach field.
Barbara Beato, 23505 Fernhill Drive, presented photos of property stating that it was
interesting to her to hear the presentation of the property because if she had not
known the site of the property it sounded very impressive how it was being put into
the hill, etc., however, it totally ignored the fact that there is another house
practically behind them. The photographs were taken from their patio of what their
view is now. She feels the projected home is an extremely large home; their home
is approximately 2,000 sq. ft.
Bob Stutz, 25310 Elena Road, speaking for the Pathway Committee. Three members
have viewed the property and looking at the master path plan, it appears that if you
[ come down the property line towards the pool side it would tie directly into Fernhill
`• providing a neighborhood loop from Fernhill to Magdalena and back up through
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August 27, 1992
k Page 8
other subdivision. He is looking for a pathway North East of property. They are
looking for native pathway with a little improvement.
Anthony Cheng, 10669 Magdalena, property owner above the Mehrlich's property.
His concern is that as he looks down to the Mehrlich's property there is no
vegetation between them. He was asked if his view is obstructed and answered no.
Mr. Beato asked what would distinguish a two story house from this house which
has two levels.
Chairman Pahl responded that a two story can go up to 27, 35', lowest to highest, at
any one point. hi any one location it does not have more than 23'6".
Peter Duxbury, addressed some of the concerns previously mentioned, the first
being that the house was designed insensitively. This is a linear house that has
different levels and that part of the house steps down He feels the house goes with
the topography. He also feels that taking this house and having its roof lines follow
the topography and pushing it back into the fill is the appropriate location.
Commissioner Stutz asked Mr. Duxbury if he was aware of a grant deed requirement
for a path on the south west side of the property. He indicated no and it was stated
the Mehrlich's are not the original owners of the property. The Pathway Committee
will investigate the grant deed question.
Chairman Pahl stated that the Pathway Committee is requesting an easement,
native pathway, on the north east line in front of the house next to the pool. He
asked Mr. Duxbury if that was a difficulty as part of the conditions? It would not be
required to be improved, it would only be a dedication for a pathway.
Mr. Duxbury will discuss the pathway with the Mehrlich's before answering
question.
Commissioner Stutz gave a brief history of pathways and what they are designed to
do in the Town of Los Altos Hills
Mr. Duxbury stated that the pathway will be fine. His clients did not know the
nature of the pathways and feels they can work it out.
Chairman Pahl asked Mr. Duxbury if they had explored other alternatives or were
there other alternatives for the pool location?
Mr. Duxbury answered that the idea of this property was to make this look like a
very rural, natural site. It was not to be suburban. The idea was that you had a
�. house sitting on a stone base and actually trying to design it so it looks like that
stone base was there before. The idea for the pool was for a natural pool that would
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August 27, 1992
Page 9
look like a lagoon. It should look like two natural forms which keeps the property
more open.
CLOSED PUBLIC HEARING
Commissioner Comiso looked at the property and the house and was impressed
with this project. She feels this fits the land, however, it does have a problem with
having to have a leach field. One of the problems that come before the Planning
Commission almost every other week is the comment "this house is too big", "we
don't have anything this big in Town". The Commission has a set of laws that they
do not make, they only listen to those laws and judge applications by those laws that
the Council puts into effect. The Commission has to find a very good reason to give
a variance and she feels they have to find a very good reason not to permit someone
to have what is allowed by the laws that the Council has set up. If the people that
come before the Commission want this changed, they should go in front on the
Council The Mehrlich's are below what is allowed by our ordinances. When she
looks at the plans, one portion of this house that is over 23 ft. is dug into the
ground. If you take grade level on this house there is not one part of this house
that is over 22 ft. This is a one story house. It has an open feeling which we all
desire in Town. If it is too close to a neighboring house then the setbacks are wrong
and maybe they are. It can be completely screened.
Commissioner Schreiner would like to address the full basement. The basement is
presently going to be excavated to 2500 or 2800 sq. ft. with another 2000 sq. ft. which
could come at a later date because it is part of the project making this house
approximately 8500 presently and at a later date 11000 sq. ft. She feels this is a
complete misuse of the ordinance. She does not feel the intent originally was to
have something like this happen in Town. In talking to people, their comments
range from the desire to cut down on the massiveness of homes by allowing the
garage or furnace room, etc., some kind of non livable space to be tucked in under
the house. She does feel the house can be moved down further; feels the neighbors
concerns should be addressed and that the Staff's help with the leach field problem
can be solved.
Commissioner Stutz asked of Staff if living area has to have some outside window
of some sort and asked if there will be any daylight windows in the basement.
Peter Duxbury answered saying that the foundation wall is totally disguised. The
walls are separate and there are skylight patterns that are not visible from the
outside, however, lets natural light downstairs.
Commissioner Stutz stated if you have livable area, you're talking about gyms,
E you're talking about workshops; this is just another house under this house and
C this is not a small house on top, its a maximum size house on one floor. She does
feel the house could be moved in either direction. She feels the design is very good
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August 27, 1992
Page 10
and wishes it was on a larger lot. Regarding the septic, she does not know why they
could not require this lot to hook in with the Hampton Court sewer down below it.
She does not feel the house should be designed around the leach field. Her
comment is that she will not vote for this house. She also feels they have done
everything to get the maximum from this lot.
Chairman Pahl feels this house is exactly what the Town wants in terms of its
design. It flows with the property and he thinks the only argument against the
house is the location on the property. The property does try to utilize the lot and it
follows the topography. The only complaint you can have is that it has a full
basement. Our ordinances do permit this. Chairman Pahl thinks this property
needs a path easement on the north east portion because would connect two roads
rather than a pathway to nowhere. This is an important pathway and should be
supported.
MOTION SECONDED AND PASSED: Motion byCommissioner Comiso and
seconded by Commissioner Ellinger to accept the application with Staff
Recommended Conditions adding #13 "a native path on the north east side of the
property", and add to #5 "the landscape plans be brought back to the Planning
Commission for approval".
AYES: Chairman Pahl, Commissioners Comiso, Ellinger, Sinunu
NOES: Commissioners Schreiner and Stutz
ABSENT: Commissioner Cheng
This will appear on the City Council consent calendar on September 2, 1992.
Request for a five minute break at 9:10 p.m.
5. NEW BUSINESS
5.1 LANDS OF LAUB, Subdivision improvements. Commission feels the
Staff did a great job and they feel its a much better design.
5.2 Basements. Will schedule a study session on basements and fences.
5.3 Meeting 10/14
5.4 Commissioner Comiso would like Proposed Master Pathway Plan to be
framed and placed in Council Chambers. Ms. Niles will bring it to the City
Manager's attention.
Copy ordinance. Suggested to have Pathway Committee provide a handout
to applicants.
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August 27, 1992
Page 11
6. OLD BUSINESS
Commissioner Ellinger discussed the Source Reduction and Household Hazardous
Waste Element to General Plan. He recommends a shorter version.
APPROVAL OF MEETING MINUTES FROM PLANNING COMMISSION
MEETING OF JULY 8 AND JULY 22. 1992.
Minutes to be continued to the September 9, 1992 meeting.
•[ •u 1 yM • L 1 u MI►
8.1 Planning Commission Representative at the City Council Meeting:
Commissioner Schreiner reported Lands of Young approved, Lands of
Dorricott, the approval for variance by the Planning Commission was
unanimously overturned by the Council for the Sports Court; Lands of
Bellucci, request by applicant for continuance to September 2, 1992;
Comments from the Council on the homes going in on the Stonebrook
subdivision
9. REPORT FROM SITE DEVELOPMENT MEETING OF AUGUST 18 1992
9.1 LANDS OF CAMPBELL/LIGETI, 13901 Campo Vista Lane; A request for a Sit(
Development Permit for a Driveway Modification, Automatic Entry Gate_anc
9.2 LANDS OF CHOU, 13211 West Sunset Drive; A request for a Site Developmen
Permit for a Driveway Modification and Entry Gate. -Approved with conditions.
9.3 LANDS OF FINN, 12000/12002 Finn Lane; A request for a Site Developmen
Permit for Lighting. -Approved with conditions
Planning Commission Minutes APPROVED
August 27, 1992
Page 12
The meeting was adjourned by consensus at 10:06 p.m.
Respectfully submitted,
Lani Lonberger
Planning Secretary