HomeMy WebLinkAbout06/12/1996Minutes of a Regular Meeting Approved 6/26/96
Town of Los Altos Hills
PLANNING COMMISSION
Wednesday, June 12, 1996, 7:00 p.m.
Council Chambers, 26379 Fremont Road
ROLL CALL AND PLEDGE OF ALLEGIANCE
The Planning Commission meeting was called to order at 7:04 p.m. in the Council
Chambers at Town Hall.
Present: Chairman McMahon, Commissioners Gottlieb, Finn, Cheng, Stutz &
Schreiner
Absent: Commissioner Doran
Staff: Curtis Williams, Planning Director; Sheryl Proft, Assistant Engineer;
Suzanne Davis, Planner; Lani Lonbergeq Planning Secretary
2. PRESENTATIONS FROM THE FLOOR -None.
3. PUBLIC HEARINGS
3.1 LANDS OF LAU/LIANG, 12894 La Cresta Drive (204-95-ZP-SD-GD); A
request for a Site Development Permit for a new residence (continued from
May 8, 1996).
Disclosure: Commissioners Finn and Cheng have listened to the tapes of the previous
meeting.
Ms. Davis introduced this item. A letter from the Fire Marshal was provided to the
Commission indicating no apparent fire hazard from the Eucalyptus trees to the rear of the
property. He did suggest that the existing dry grass and weeds be either cut, disked or
removed prior to moving forward with the project. She further commented on the existing
utility line located under the driveway noting care would be taken during construction.
Also, this project is slightly under the maximum development and floor area figures
established for this property.
OPENED PUBLIC HEARING
Tom Sloan, 255 N. Market Street, San Jose, project architect, discussed the previous
design relating to the basement and garage. The new design shows a separation and level
change between the basement and garage. They do not plan to removed any trees and the
large oak tree will provide screening. He further discussed the driveway design noting the
previous driveway location would result in less landscape area and the entire driveway
would be visible.
Commissioner Schreiner questioned the height of the two retaining walls. Commissioner
Gottlieb preferred the use of the old driveway access. Mr. Sloan was not opposed to
looking at ways of removing some of the retaining walls and/or using keystone.
Planning Commission Minutes Approved 626/96
June 12, 1996
Page 2
%W Jack Forbes, 12866 La Cresta, neighbor, noted three property owners currently use the
private road. There is a 4 inch drain pipe and two water lines which need protection
during construction. He felt the Eucalyptus trees located on the common property line
were a fire hazard, suggesting they be removed or at least cut back to 10 feet in height.
Mr. Sloan responded they would not be opposed to the removal of the trees, replacing
them with 24 -inch box trees.
CLOSED PUBLIC TESTIMONY
Commissioners Finn and Cheng felt the applicant had addressed all concerns indicated at
the previous meeting. The driveway would not be more of an impact in the proposed
location. Commissioner Schreiner was concerned with the driveway design suggesting
working with staff to look for ways to reduce the retaining walls. She would like the pool
design to return to the Planning Commission for approval. Commissioner Gottlieb was
concerned with the height of the house, the retaining walls, and the excessive driveway in
the setbacks. Commissioner Stutz was in favor of the driveway design. She corrected
condition #21 as the path shall be installed along the "north westerly" boundary of the
property. Chairman McMahon suggested adding to the landscape condition that the
Eucalyptus trees shall be replaced with appropriate trees, when removed.
MOTION SECONDED AND PASSED: Motion by Commissioner Finn and seconded by
Commissioner Cheng to approve the Site Development Permit for a new residence, Lands
of Lau & Liang, with the following changes/amendments to the conditions of approval:
add to condition #3 that the Eucalyptus trees shall be replaced with appropriate trees (24 -
inch box), when removed; the applicant shall work with staff to reduce the retaining walls,
if feasible, condition #21 shall be corrected indicating the correct placement of the
pathway (north westerly boundary); the pool shall be reviewed by the Planning
Commission; and adding a condition for the protection of the utilities within the access
easement.
AYES:
Chairman McMahon, Commissioners Stutz„ Schreiner, Finn & Cheng
NOES:
Commissioner Gottlieb
ABSENT:
Commissioner Doran
This item will be on the City Council consent calendar July 3, 1996.
3.2 LANDS OF SHIDELER, 27994 Via Ventana Way (13-96-ZP-SD-GD); A
request for a Site Development Permit for a new residence, and an
exception to a conservation easement to allow grading and construction of a
driveway.
Disclosure: The Shidelers conducted separate meetings with the Commissioners.
Chairman McMahon stepped down from the public hearing as she is a neighbor but not
within 500 feet. Commissioner Schreiner chaired the public hearing.
The Planning Director added information regarding the pathway easement over a private
easement. He had previously spoken to the City Attorney who indicated that, if the
Commission agrees, it should be a condition of approval although the path would be on a
steep slope and not practical to use. They could accept a dedication for future use.
Commissioner Schreiner clarified for the public that the driveway through the
1160 conservation easement is an exception, not a variance request, and will be discussed and
Planning Commission Minutes Approved 626/96
June 12, 1996
Page 3
approved by the City Council. The Commission agreed that it was not necessary for the
applicant to discuss alternate driveway accesses at this time.
The Planning Director noted the three items of concern raised at the previous meeting: 1)
change the access to the site from the lower to the upper Via Ventana Way; 2) reduce the
height of the terrace wall; and 3) step the house or make other adjustments to reduce bulk.
OPENED PUBLIC HEARING
Jay Shideler, 27994 Via Ventana Way, applicant, was available for questions.
Viole McMahon, 27975 Via Ventana Way, neighbor, requested protection of the island
trees during construction.
Katy Stella, 27975 Via Ventana Way, neighbor, opposed any lower road access,
requesting that the driveway not be paved from the site to the lower Via Ventana Way.
Robin Knutson, 27999 Via Ventana Way, thanked the Shidelers for all the changes made
to the plan. She asked for public notice if ever a proposal was received to pave the lower
portion of the access easement as she was concerned with construction vehicle access.
Commissioner Schreiner questioned the amount of paving going towards the lower Via
Ventana Way. Mr. Shideler responded that they are only requesting paving to extend 10-
20 feet beyond the "elbow" at this time. Commissioner Schreiner suggested adding a
condition to require construction personnel to use the upper access only.
Eric Gilbert, 27990 Via Ventana Way, neighbor, does not want construction vehicles
puked on his easement. He questioned the placement of the Shideler's mail box, and he
did not understand the need for any paving below the driveway elbow. He also welcomed
the applicants to the neighborhood.
Kathleen Kells, 27990 Via Ventana Way, voiced concerns regarding the mailbox being
placed at the lower point of the property as this would imply access to the site. She asked
that condition 45 be expanded to include the island trees and their oak tree, and restrict
construction vehicles on the easement. She also reiterated Mr. Gilbert's concerns.
Edwina Comiso, 27933 Briones, neighbor, voiced support of the project and welcomed the
Shidelers to the neighborhood.
Mary Compton, 27855 Via Ventana Way, neighbor, welcomed the Shidelers to the
neighborhood and voiced support of the project. She discussed the Planning
Commission's role in not only enforcing the code but to remind everyone that the
applicants we new neighbors and they all need to live together. She felt the Shidelers have
bent over backwards to meet codes and design a project that will benefit the neighborhood.
Vicky Thomas, 27993 Via Cerro Gordo, neighbor, voiced support of the project.
Gordon & Nancy McClintock, 27724 Via Cerro Gordo, neighbors, supported the project
and welcomed the Shidelers to the neighborhood.
Jay Shideler, applicant, responded they would protect the median and they do not plan to
tbw
use the northern part of the access road for construction vehicles. When possible, they
will access through the southern part of the access road where the fire road will be
Planning Commission Minutes Approved 6/26/96
Jane 12, 1996
Page 4
`. constructed. He can chain the gate to insure no access of construction vehicles. He further
explained that paving on the southern portion was only to provide backup and to prevent
erosion where minor grading occurs (20 feet).
CLOSED PUBLIC TESTIMONY
Commissioner Schreiner asked if the bonus room was counted in the floor area
calculations. Ms. Davis responded no. Town code or UBC does not recognize the area as
floor area. The bonus room is considered an attic as it is a non -habitable area.
Discussion ensued regarding the pathway easement noting it could be dedicated but not
used. Commissioner Stutz objected to the location of this pathway as there is already a
path on the other side of Via Ventana Way. Commissioner Gottlieb noted that the
pathway easement is not on the Master Path Plan, although it would be nice if the
Shidelers would dedicate the path, although it is not required. Commissioner Finn felt the
pathway easement should not be a part of this application. Commissioner Cheng agreed.
Further discussion ensued regarding the following: limiting the pavement to 20 feet on the
curve and setting the gates back 10-15 feet to provide a tum around; the location of the
mailbox and/or lights should be on the upper area; restricting construction vehicles from
accessing from the lower Via Ventana Way and from parking on the lower easement area;
and to provide protective fencing around the median for the oak trees and within the
access easement, to be approved by the City Engineer and the Public Works Manager.
Commissioner Gottlieb was concerned with the retaining walls asking if some could be
naturally sloped. She asked if the applicants could work with staff to obtain this request
(more natural in the area of the oak trees). It was suggested to make the findings regarding
the exception to the conservation easement wording stronger by way of explanation that if
the driveway was not this configuration, it would have invaded the 10 foot grading setback
and there would have been a 6 foot retaining wall for the driveway at the property line.
MOTION SECONDED AND PASSED: Motion by Commissioner Firm and seconded by
Commissioner Stutz to approve the Site Development Permit for a new residence, and
detached garage with the exception to allow grading and construction of a driveway within
a conservation easement, Lands of Shideler, with the following changes/amendments to
the conditions of approval: the northern extension of paving within the access easement
shall be limited to 20 feet; the restriction of construction vehicles from accessing from
lower Via Ventana Way and from parking on the lower easement area; the mailbox shall
be located at upper Via Ventana Way; protective fencing shall be placed around the
median and within the access easement for oak tree protection; and to accept the
recommended findings for an exception to the conservation easement, allowing grading
and construction of a driveway.
AYES: Commissioners Cheng, Stutz, Gottlieb, Schreiner & Firm
NOES: None.
ABSENT: Commissioner Doran
ABSTAIN: Chairman McMahon
This item will be on the City Council consent calendar July 3, 1996
Brief break at 8:40 p.m.
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Planning Commission Minutes Approved 6/26/96
June 12, 1996
Page 5
( 3.3 LANDS OF GERENA/ROACH, 24020 Oak Knoll Circle (Lot 18) (45-96-
♦/ ZP-SD-GD); A request for a Site Development Permit for a new residence,
pool and spa, pool house, and detached garage/living quarters (continued
from May 8, 1996).
Disclosure: Commissioners Finn and Cheng have listened to the tapes of the previous
meeting. Staff had nothing further to add to the staff report. Staff fielded questions
regarding the six foot fence (explained code for fence heights), the retaining wall by the
three car garage which is actually a curb, and the circle in the front of the house which
provides the applicants with circulation to the front entry.
OPENED PUBLIC HEARING
John Stewart, 1351 Laurel Street, San Carlos, project architect, discussed the stepping of
the main level of the house two feet, lowering the height of the garages, and combining
them into one structure and/or attaching the garage to the house, reducing the amount of
pavement within the setbacks, and lowering the height of the retaining wall for the
stairway leading to the pool area although they would prefer keeping this element. The
alternate design actually adds to the fill. Mr. Stewart provided a rendering of the project.
Kim Ledford, 1351 Laurel Street, San Carlos, project architect, discussed the circle in the
front of the house which has the minimal inside radius to make the tum. Making the circle
oval would elongate the circle requiring more development area, going further into the
setback. She noted that the applicants prefer the previous stairway to the revised version.
Commissioner Gottlieb felt they needed to mitigate the vertical look. She did not like the
balustrade around the pool area, the massive appearance, and the formal look. Ms.
Ledford discussed screening of the property. She did not feel the retaining wall was high
enough to cause a problem. She further discussed the current design in relationship to the
previous design, noting changes made.
Mr. Stewart felt they have addressed all the concerns raised at the previous meeting which
included dropping the house down two feet.
CLOSED PUBLIC TESTIMONY
Commissioner Gottlieb discussed the impact of the rear exposure, and the house not
dropping down on both sides. Commissioner Finn felt this was the first house in the Lohr
subdivision that will be unique (beautiful design). Commissioner Cheng agreed, noting
there is not a specific design for any house in Los Altos Hills. What makes the Hills
interesting is that all the houses we different.. Commissioner Stutz was concerned with
the tum around in the front only being 10 foot wide, as it is not practical. She suggested
widening it to 12 feet. The project architect noted that they could use a different type of
paving such as a more open grasscrete type of material as they are the maximum
development figures. Commissioner Schreiner felt they were setting a precedent by
allowing all of this encroachment from two separate driveway. Commissioner Stutz
disagreed. Ms. Ledford responded explaining the reason for two driveways. The lot is
essentially a flag lot which means the house and the garages can only be located as shown.
In order to approach the house they have to have a driveway continue beyond the garages
and in order to get the cars back to the garages, they need an area to turn around. The
distance from the street to the house is too far to expect a guest to walk. It is a unique
t situation defined by the lot.
Planning Commission Minutes Approved 6/26/96
June 12, 1996
Page 6
MOTION SECONDED AND PASSED: Motion by Commissioner Finn and seconded by
Commissioner Cheng to approve the Site Development Permit for a new residence,
detached garage/living quarters, pool, spa and pool house, Lands of Gerena & Roach, with
the recommended conditions of approval.
AYES: Chairman McMahon, Commissioners Stutz, Finn & Cheng
NOES: Commissioners Gottlieb & Schreiner
ABSENT: Commissioner Doran
This item will be on the City Council consent calendar July 3, 1996.
3.4 LANDS OF PARIICH, 26875 Elena Road (194-95-ZP-SD-GD); A request
for an amendment of a Site Development Permit for a new residence,
secondary dwelling unit, pool and gazebo, to reflect corrected grading
quantities.
The Planning Director introduced this item clarifying that the request is for an amendment
to an already approved Site Development Permit for the new residence, secondary
dwelling, pool and gazebo. The amendment relates to the correction of the grading
quantities and very minor changes to the Site Plan. The basement does meet Town code.
He asked that the Commission review only the changes (grading quantities). He further
stated that the change in grading will not raise the pool house or affect the neighbor's
view.
OPENED PUBLIC HEARING
John Dumont, 7203 St. George Lane, San Jose, builder, discovered the difference in
grading numbers after the approval. He voluntarily disclosed the error to staff as the
discrepancy was large. The building, elevations, siting or the positioning has not changed.
Only the original calculations were in error. He verified the error with the civil engineer.
Jerry Clements, 4966 EI Camino Real, Los Altos, project civil engineer, was contacted
after the project was approved to implement the drainage and grading plan for construction
and also to verify the grading quantities. He only made two changes to the plan for
drainage consideration: 1) lowered the carport and garage by 1 foot; 2) raised the pool and
the flat area around the pool which reduces the height of the retaining walls. He was also
able to lower the height of the retaining was along the driveway. He felt there had been
an honest mistake made to the previous grading calculations.
Bob Hall, 12140 Foothill Lane, neighbor, was concerned with the driveway coming
around with the lights shining into his living areas. Mr. Dumont clarified that this area has
not changed. Mr. Hall will not be impacted.
CLOSED PUBLIC TESTIMONY
Planning Commission Minutes Approved 626/96
June 12, 1996
Page 7
MOTION SECONDED AND PASSED: Motion by Commissioner Cheng and seconded
by Commissioner Finn to approve the amendment to the Site Development Permit for a
new residence, secondary dwelling unit, pool and gazebo, to reflect corrected grading
quantities, Lands of Parikh, subject to all of the original conditions of approval.
AYES: Chairman McMahon, Commissioners Stutz, Firm & Cheng
NOES: Commissioners Schreiner & Gottlieb
ABSENT: Commissioner Doran
3.5 LANDS OF FONG, 26756 Palo Hills Drive (66-96-ZP-SD); A request for
a Site Development Permit for a new residence, pool and pool house.
Ms. Davis introduced this item noting the property is not in a flood plain except for a
small area new the creek. The flood plain is confined to the Barron Creek area. She
further clarified the following: some of the fencing is not on property lines; the tennis
court was approved in 1972 with the granting of a variance; and there had been some tree
removal in the creek area prior to the applicant's purchasing the property which will be
replaced. She felt it was important to retain some of the trees in the front of the property
for screening especially for the house directly across the street, and in the creek area.
Commissioner Schreiner questioned the road right-of-way on Palo Hills. Ms. Davis noted
it was 50 feet on Palo Hills. The Assistant Engineer explained why no additional right-of-
way was requested. Commissioner Gottlieb suggested setting the garage in 10 feet to
allow at least 20 feet division between properties.
OPENED PUBLIC HEARING
Brian Peters, 747 Temescal Way, Redwood City, discussed the history of project and the
placement of the house and garage, trying to separate development from the creek. They
have placed the garage at the highest elevation since it is one story, following the Design
Guidelines regarding the placement of the garage. He provided a model of the project
noting the highest point of the house is not at the highest point of the topography. They
have adhered to the Design Guidelines and minimized pavement in the setbacks in the
front area.
Mel Mickeletti, 26724 Palo Hills Drive, adjacent neighbor and owner of the creek, noted
some of the screening in the creek area had been removed. He requested the replacement
of screening in the vicinity of the creek. When questioned about flooding, he commented
that the creek has risen to the lawn only occasionally, although it has never been a
problem.
Greg Meyers, 26763 Palo Hills Drive, neighbor, requested some trees to be retained in the
front of the property for screening.
Bill Scharfm, neighbor to the west, commented that the old pine tree in the front is on the
decline. He did not feel the project would be an impact to his property.
Mrs. Fong, applicant, indicated the tree stumps will be removed. She discussed the Birch
trees and their shallow root structure. They will try to save them or replace them.
CLOSED PUBLIC TESTIMONY
Planning Commission Minutes Approved 626/96
June 12, 1996
Page 8
Discussion ensued. Drainage questions were answered by the Assistant Engineer. It was
noted that the applicant plans to replace the existing retaining wall by the tennis court.
Commissioner Gottlieb would like the garage to come in approximately 5 feet as she was
concerned with the impact on the neighbors. Commissioner Finn felt it was refreshing
having the applicants working with their neighbors. The neighbors are here in support of
the project which meets all of the Town guidelines. Commissioner Gottlieb requested that
the pool house be 5 feet from the conservation easement.
MOTION SECONDED, AMENDED AND PASSED: Motion by Commissioner Finn,
seconded by Commissioner Cheng, and amended to approve the Site Development Permit
for a new residence, pool house and pool, Lands of Fong, with following
changes/amendments to the conditions of approval: work with staff to provide screening
for neighbors; transition the old and new landscaping; larger box trees will be used for
replacement trees in the front of the property; and correct the staff report to reflect 200
square feet of floor area remains.
AYES: Chairman McMahon, Commissioners Gottlieb, Stutz, Schreiner, Cheng, &
Finn
NOES: None
ABSENT: Commissioner Doran
This item will be on the City Council consent calendar July 3, 1996.
4. REPORT FROM THE CITY COUNCIL MEETING
4.1 Chairman McMahon reported the following items were discussed at the
June 5th City Council meeting: homeless dinners; compliments to the
maintenance crew for pathway maintenance; the horseback ride; Palo Alto
School District fees; Palo Alto school closure; Town Hall computers; and
the Lands of Lahr appeal regarding exterior materials.
4.2 Planning Commission Representative for the June 19th meeting -
Commissioner Finn.
5. OLD BUSINESS
5.1 Report from subcommittees. None.
5.2 Review policy for secondary dwelling units and accessory structures
(continued).
6. NEW BUSINESS
The Planning Director requested an additional meeting be scheduled for the Lands of
Rogez (formerly the Lands of Hau) three lot subdivision.
PASSED BY CONSENSUS: To schedule an additional public hearing meeting July 2,
1996 at 7:00 p.m. on site, reconvening in Council Chambers.
Planning Commission Minutes Approved 6/26196
June 12, 1996
Page 9
7. APPROVAL OF MINUTES
7.1 Approval of the May 22, 1996 minutes.
PASSED BY CONSENSUS: To approve the May 22, 1996 minutes.
REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETING OF
JUNE 4, 1996
8.1 LANDS OF UNITED STATES MERCHANT MARILNE ACADEMY
ALUMNI ASSOCIATION, INC., 10703 Magdalena Road; A request for a
Site Development Permit for a new driveway. Approved with conditions.
9. ADJOURNMENT
The meeting was adjourned by consensus at 10:50 p.m.
(/RRe'ssppeecctfully submitted,
"Cant Lonberger
Planning Secretary