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HomeMy WebLinkAbout02/26/1997Minutes of a Regular Meeting Approved 3/11/97 Town of Los Altos Hills PLANNING COMMISSION Wednesday, February 26, 1997, 6:00 p.m. Council Chambers, 26379 Fremont Road cc: Cassettes ( 2 ) #3-97 ROLL CALL AND PLEDGE OF ALLEGIANCE The Planning Commission meeting was called to order at 6:06 p.m. in the Council Chambers at Town Hall. Present: Chairman Doran, Commissioners Gottlieb, Cheng, Schreiner, Finn, Stutz & Jinkerson Absent: None Staff: Curtis Williams, Planning Director; Sheryl Proft, Assistant Engineer; Suzanne Davis, Planner; Susan Manca, Planner; Lani Lonberger, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR -None. 3. 3.1 Grading Policy. The Planning Director introduced this item stating that the Town's Site Development Code and Design Guidelines include language requiring that grading should be minimized, limited only to the amount needed to accommodate proposed structures, and blended to approximate the natural contours of the land. Cut (excavation) is generally encouraged over fill to "lower the profile of buildings." The Code and Guidelines also have provisions related to "stepping" structures with the slope, partially intended to minimize land disturbance, as well as visual impacts. The intent of the policy is to provide more specific criteria for grading to assure that construction retains the existing contours and b^sic landfomr of the site to the greatest extent feasible. It is also intended that the policy provide guidance for "stepping" structures down sloped hillsides, and emphasizes cut to lower the profile of the structure. The proposed grading policy, if adopted by the Commission and Council, would formalize the present staff recommendations and would allow staff to present the guidelines to applicants as official Town policy. The Commission's action on the policy would be a recommendation to the City Council. Planning Commission Minutes Approved 3/11/97 February 26, 1997 Page 2 The Planning Director also noted that the Grading Policy, although not a public hearing item, was sent to over 15 architects and contractors for their review and comments. Steve Lohr and Jerry Lohr, J. Lohr Properties, and Bill Maston, architect, were present and touched on the following regarding the proposed grading policy: total amount of cut for the structure to be increased to 9 feet, especially for a garage; the numbers being harder to work with as the slope increases, and possible increased numbers when slopes are 20%. Commissioner Cheng would not want to see the construction of a flat house on a 20% slope. Commissioner Schreiner would like to see the roofline stepped down as the house steps down. Chairman Doran and Commissioner Gottlieb would like to see the "Totals" column remain. MOTION SECONDED AND PASSED: Motion by Commissioner Gottlieb and seconded by Commissioner Jinkerson to recommend to the City Council the Grading Policy as presented. AYES: Chairman Doran, Commissioners Finn, Stutz, Schreiner, Cheng, Gottlieb & Jinkerson NOES: None This item will be scheduled for the March 19, 1997 City Council agenda 420 4. PUBLIC HEARINGS 4.1 LANDS OF WONG, 12352 Priscilla Lane (191-96-ZP-SD-GD); A request for a Site Development Permit for a new residence (continued from January 22, 1997). Staff had nothing further to add to the staff report. Disclosure: Commissioners Finn and Stutz have listened to the tapes of the previous meeting. The Assistant Engineer noted a conversation with a neighbor regarding the swale stating the capacity of the swale will be reviewed by the City Engineer. OPENED PUBLIC HEARING Tony Wong, 22362 Homestead Road, Cupertino, applicant, commented on the changes to the design from the previous meeting which included the following: the overall height of the house reduced by one foot; the driveway design modified so that none of the paving will encroach into setbacks; added stone accent to the rear (north) elevation; the lower roof line extended on the north elevation for better definition between the first and second floors; and the height of the two-story bay window reduce to 1 %s stories. Also, the placement of the story poles were corrected. Planning Commission Minutes Approved 3/11/97 February 26, 1997 Page 3 Obw Commissioner Schreiner complimented Mr. Wong for all the changes to the plan. Commissioner Stutz was concerned that the trees planted along Stonebrook Drive which are all in one line, will eventually block the views of the neighbors across Stonebrook Drive. She suggested fewer trees to avoid a "wall' feeling. Commissioner Gottlieb would like to make sure the trees do not encroach into the pathway. It was noted that the Environmental Design and Protection Committee will be reviewing the landscape plan. CLOSED PUBLIC TESTIMONY MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Gottlieb to approve the Site Development Permit for a new residence, Lands of Wong, with the recommended conditions of approval. AYES: Chairman Doran, Commissioners Stutz, Finn, Schreiner, Jinkerson, Cheng & Gottlieb NOES: None This item will be on the City Council consent calendar Much 19'". 4.2 LANDS OF THOMAS, 14576 De Bell Drive (223-96-ZP-SD-CDP); A request for a Site Development Permit and a Conditional Development Permit for minor additions. The staff reviewed the distance from the turnaround area to the property line and determined that the turnaround paving is proposed 8.5 feet from the property line. The Code states that no grading is allowed within 10 feet of the property line, therefore, staff recommended the following wording be added to condition #1: "The applicant shall submit revised plans showing a minimum of 10 feet between the property line and the proposed turnaround area for the new garage." Commissioner Gottlieb noticed that the roofline appeared to extend over the pool. This should be corrected for safety. OPENED PUBLIC HEARING Ray Rooker, 12819 Viscaino Road, project architect, stated that they have made an adjustment to the garage by 4 feet to avoid the roofline over the pool. Commissioner Schreiner was concerned with the asphalt in the side setback asking if they had considered removing some of the asphalt and having a circular driveway. Mr. Rooker responded that a circular driveway would add even more asphalt. Currentiy there is a "blind" situation when backing out into the street. The new design will be much safer. CLOSED PUBLIC TESTIMONY Planning Commission Minutes Approved 3/11/97 February 26, 1997 Page 4 Commissioner Finn asked if the applicant could reduce the additions. The Planning Director answered no, and still have a two car garage. Commissioner Schreiner liked the design of the additions but had difficulty with the first variance finding as the house already encroaches into the front 40 foot setback. Now they are asking for further encroachment into the side setback. It was noted that the variance was for additional floor area, not for the asphalt. Commissioner Gottlieb commented that this request was consistent with other approvals given in the past for this size lot. MOTION SECONDED AND PASSED: Motion by Commissioner Stutz and seconded by Commissioner Cheng to approve the Site Development Permit, the Conditional Development Permit, and Variance for a minor additions, Lands of Thomas, with the following changes/additions to the conditions of approval: add to condition #1, "The applicant shall submit revised plans showing a reduced roof overhand next to the pool and a minimum distance of 10 feet between the edge of the tumaround and the property line." Also, the proposed lighting as shown on the plan will be re -checked by the Planner. AYES: Chairman Doran, Commissioners Schreiner, Gottlieb, Finn, Stutz, & Cheng NOES: None ABSTAIN: Commissioner Jinkerson This item will be on the City Council consent calendar March 19'". 4.3 LANDS OF COFFMAN, 25280 Cantata Way (146-96-ZP-SD); A request for a Site Development Permit for a major addition and remodel. Ms. Davis introduced this item noting the applicant had provided color samples for review OPENED PUBLIC HEARING Glenn Coffman, 25280 Cantata Way, applicant, discussed the pathway easement as he was concerned with the four existing Juniper trees which would be within the pathway easement. The trees provide screening between the applicants and their neighbor. He suggested putting the pathway within the private road easement. Katy Stella, Pathway Committee, noted the proposed pathway easement is on the Master Path Plan. The path provides a connection to the path along the freeway and Town lands just beyond the property. She did not feel it would be a problem to have the path meander. The Pathway Committee can work with the applicant regarding the placement of the path. Bob Flury, 20 S. Santa Cruz Avenue, Los Gatos, project architect, provided a color rendering of the project. 401 Planning Commission Minutes Approved 3/11/97 February 26, 1997 Page 5 Penelope Hatch, 25000 O'Keefe Lane, neighbor, was concerned with dust, noise and privacy. It was noted that condition #14 addresses most of her concerns except for privacy. It was felt that there would not be a problem if she proposed a temporary privacy fence on her property until the end of construction. Commissioner Schreiner asked that the requested triangular piece of new pavement within the setback at the garage be deleted. Commissioner Gottlieb asked that wording be added to #18 requesting native species, non-invasive plantings only and no fencing within the conservation easement. It was noted that the property already meets FEMA standards. MOTION SECONDED AND PASSED: Motion by Commissioner Gottlieb and seconded by Commissioner Ankerson to approve the Site Development Permit for a major addition and remodel, Lands of Coffman, with the following changes/additions to the conditions of approval: metal roofing shall be non -reflective; add additional wording to # 18 (native species, non-invasive plantings only and no fencing within the conservation easement); #20, the Pathway Committee shall work with the applicant regarding the location of the pathway easement; and the portion of the driveway within the setback shall be removed. AYES: Chairman Doran, Commissioners Stutz, Schreiner, Cheng, Finn, Jinkerson & Gottlieb 6 NOES: None This item will be on the City Council consent calendar March 19". 4.4 LANDS OF KRAUSE, 25858 Westwind Way (175-96-ZP-SD-VAR); A request for a Site Development Permit for a new residence, a variance to allow grading and improvements to cross a property line, and an amendment to a recorded tract map to allow access from Westwind Way. Ms. Davis introduced this item noting a correction to the address (26651 Westwind Way). Upon a earlier request, she provided background information on the following issues: why access was relinquished; the Morton proper[}, access and merger; the property off Dawson Drive (Mozart) with a larger than usual accessory structure; the accommodation of a garage if the property was ever sold; the turnaround area; and the subdivision allowing four lots to access off a private easement. Also, a letter was received signed by some of the neighbors noting concerns with the proposal. Bill Krause, 25855 Westwind Way, applicant and long time resident of Los Altos Hills, commented at the time of purchasing the property, the title search did not indicate any restricted access. He provided a history of the four parcels which total almost 10 acres. Two of the parcels have been developed; two parcels are undeveloped. When he originally developed plans for Lot 4, he had planned a multi-purpose house to use for his mother-in-law and her care giver, which („_, included a theater, library and a study. After working with staff, he scaled the project down from 4,500 square feet to 3,100 square feet although 6,571 square feet of floor area me available. The Planning Commission Minutes Approved 3/11/97 February 26, 1997 Page 6 design also went from a two to one story structure, with reduced grading. The house will still be used for his mother-in-law, and it will include a library and study. Currently he is sharing a driveway with his neighbors, the Mortons, which can be very confusing for mail deliveries, etc. The new access would eliminate this problem. Also, the new driveway will be constructed without the need to remove any trees. Mr. Krause agreed with the recommended conditions of approval. He also emphasized that this property was never intended to be used for commercial use. Art Everett, 5000 Alpine Road, Portola Valley, project architect, designed the house to be compatible with the other buildings on the Krause properties. One of his main concerns was the roof pitch ( 8:12 pitch) which has been used on all the other structures. Hip roofs, roofing and wall materials also match the existing buildings. He further discussed the original plan versus the current reduced plan, noting the following: the design fits the site; dug in on the uphill side; lowered floor one foot with the redesign; and no grading on downhill side. If the house was pushed down any further, it would be in a hole. He felt the new residence was a small structure for the size of the lot and meets all the Town regulations. They plan to repaint the existing residence a darker color which will also be used for the new construction (24-26 reflectivity value). Also, there is currently a 100 foot setback from Westwind Way. This area can be used for a garage, if it is ever needed. Tom Klope, 960 N. San Antonio Road, Los Altos, landscape architect, discussed the landscape and lighting plans and provided a colored rendering of the project. He noted that the house was positioned for a narrow corridor to the San Francisco skyline. No pine trees will be removed along Westwind Way and additional trees will be added. The proposed plantings are drought tolerant plants and well suited for the area. The parking along the driveway is to provide on-site parking without the appearance of a parking lot. The area will be used for occasional large events. Also, the trellis is to provide a connection from the Krause residence to the vineyard house. Commissioner Schreiner was concerned with the lack of screening on the north side of the house. She suggested shrubs to help reduce the visibility of this side of the house. Philip Wilson, 25852 Westwind Way, neighbor, commented on the letter presented to the Commission which represented three of the four properties on Westwind Court. They were concerned with safety of the proposed driveway as it appears to be an unnecessary aspect of the project. The letter noted four main concerns: safety as it relates to the new driveway opening onto Westwind Way; cutting through an earthen bank and the destruction of several 40 -plus year old mature pine trees; the height of the structure; and the apparent commercial purpose of the new structure with the need for 18 puking spaces. Commissioner Stutz asked Mr. Wilson if he felt the cul-de-sac entrance was unsafe. He replied no. She preferred to see a driveway line up with an existing street in most cases. She also noted the advantage of on-site parking rather than puking on the street (Concepcion Road and Westwind Way). CJ Planning Commission Minutes Approved 3/11/97 February 26, 1997 Page 7 It was noted that the staff report included a letter from the applicant's engineer regarding sight distance for the proposed driveway. Yvonne Jacobson, 27125 Birch Hill Way, addressed visual concerns on the west side and the recommendations by the Environmental Design and Protection Committee. CLOSED PUBLIC TESTIMONY Commissioner Finn commented on the following: the new drive substantially increases sight distances one way with only a slight decrease the other way; Mr. Krause stated he will not use the structure for commercial purposes; the development and floor areas are substantially under the maximums; if the property was fully developed, there would be additional access onto Westwind Way; one driveway cut for four lots; and a light reflectivity value of 25 for the new structure and for the main residence. He was in favor of the proposal. Commissioner Cheng was comfortable with the statement from applicant's engineer regarding sight distance and safety. She agreed that the house does need more screening. Commissioner Schreiner was concerned with parking in the setback even on grass -cell. It was noted that the spaces could not be moved out of the setback without moving the driveway and house. She was also concerned with the visibility of the house and the safety of the driveway location. She suggested lowering the house 3 feet. Commissioner Stutz agreed with the Environmental Design and Protection Committee recommendation for screening which should include the Concepcion Road side. She felt that the Town has had poor luck with shared driveways. It was fortunate that the two neighbors have made it work this long. She was not concerned with the 18 parking spaces which will only be used on a limited number of times during the year. She asked if some of the proposed trees will grow too tall for off site views. She did feel the house height was high although she felt it was essential to keep the same roof pitch as the main house. She also questioned the proposed lighting, suggesting a lower wattage. It was noted by the landscape architect that the apricot trees will be kept and the vineyard will fill-in other areas. Commissioner Jinkerson stated that he could not support the house as designed, the driveway or the variances. Commissioner Gottlieb did not like puking in the setback. She was concerned with the driveway, and did not feel the house fit the site. She requested a redesign. Chairman Doran felt this was a small unimposing project. The Krauses were honest in showing grass -cell parking spaces. MOTION SECONDED AND PASSED: Motion by Commissioner Finn and seconded by Commissioner Cheng to approve the Site Development Permit for a new residence, variance to allow grading and improvements within a setback and across a property line, and amendment to a recorded Tract Map to allow access from Westwind Way, Lands of Krause, with the following changes/amendments to the conditions of approval: reduce the height of the house by one foot; Q substantial landscaping shall be added to screen the new residence from Concepcion Road; and `' the halogen lights shall be reduced from 75 to 50 watts. Planning Commission Minutes Approved 3/11/97 February 26, 1997 Page 8 4 AYES: Chairman Doran, Commissioners Cheng, Stutz & Finn NOES: Commissioners Schreiner, Jinkerson & Gottlieb This item will appear on the City Council agenda March 19, 1997. 4.5 LANDS OF CALIFORNIA WATER SERVICE COMPANY, APN# 336-42-022 (Magdalena @ Eastbrook Avenue); A request for a Site Development Permit, Conditional Use Permit, Variance, and a Negative Declaration for the placement of a 32 foot high PCS pole and antennas, and adjacent equipment cabinets. a. Pacific Bell Mobile Services, (File #49-96-ZP-SD-CUP-VAR-ND). b. Sprint Spectrum, (File #157-96-ZP-SD-CUP-VAR-ND). The Planning Director introduced this item noting the receipt of letters from Kanye & Linda Lim, Parviz and Mina Keshtbod, a corrected letter from Janet Lull, and a news article for informational purposes only. He also noted that the antenna is designed to replicate a Pine tree. Disclosure: Commissioners Cheng, Finn, Doran and Stutz visited the site and visited the Lull's property. Commissioner Schreiner visited the site, visited the Lulls, and spoke to some other neighbors on Rebecca Lane. Commissioner Gottlieb visited the Lulls, and went on a tour with Mr. Lull to other possible alternative sites. Commissioner Jinkerson had spoken to Mr. Lull and had been to the property site twice. Commissioner Finn questioned the life of the artificial tree antenna and who would be responsible for maintenance and repairs. The Planning Director was uncertain as to the life of the artificial tree, however a maintenance agreement could be added as a condition of approval. OPENED PUBLIC HEARING Amy Stanton, representative for Pacific Bell Mobile Services, discussed the previous proposals and direction given by the Planning Commission which included carriers co -locating, and the use of California Water sites (public land versus residential), working with the neighbors addressing their concerns including health and safety, and visual mitigation. She continued, discussing the alternate sites on public land (California Water Company and Caltrans) and on private lands (Nickolson property and the Church of the Holy Redeemer). However, these sites were deemed unsuitable. Since the previous meeting, they have analyzed several alternative sites which included a parcel on Hilltop Drive along I-280 which would give them the coverage they need and appears they will be able to secure a lease from the land owner (proposed antenna height of 30 feet). She realized that the neighbors oppose the current project, based on both visual and health concerns. She cited a report from Hammett & Edison, Inc., Consulting Engineers, regarding their report on biological effects and exposure criteria for radio frequency electromagnetic fields. For clarification, she stated they have adhered to the direction given by the Commission, exploring alternative sites, working with the community, meeting with the neighbors, complying with the ordinance and site location, offered visual mitigation, and Planning Commission Minutes Approved 3/11/97 February 26, 1997 Page 9 exhausted resources regarding the health and safety issues. Pacific Bell will continue to take direction from the Commission, continuing to work with neighbors. When asked if they could use Caltrans overhead signs (Magdalena/I-280 exit), she responded there were access issues along with equipment placement. The project does not simply involve a pole. Heinz Lumpp, Sprint Spectrum representative, noted they have tried to comply with the Town guidelines. However, there are two issues involved; health and aesthetics. He provided a photo simulation of the tree pole. The pole can be moved down the hill to be more compatible with the surroundings. The I-280 corridor and the community are very difficult to cover because of terrain issues. Sprint Spectrum has no viable alternate location. He noted that the stand alone pole without Pacific Bell would be 22 feet in height. The current pole height is proposed at 34 feet. They are willing to provide a tree pole without Pacific Bell. Don Lull, 11623 Rebecca Lane, had submitted five letters to the staff since the November 13, 1996 hearing. He asked that all letters be a part of the record. It has been more than six months since they became aware of the PBMS application which poses a threat to his neighborhood. He asked that recommendation #3 in the staff report be accepted (deny request), and direct the applicants to further consider alternative sites, including residential properties. To select the option of separating the applicants would postpone but not solve the problem since the situation would merely revert to the original proposal which would be opposed for the same reasons as noted previously. At the site meeting on February 15'", even the agents for Sprint and PBMS expressed some concern for what they were doing to the residents with their installations. He suggested the Church of the Holy Redeemer, to the north of the freeway, as a usable site. He suggested another alternate site directly opposite the Church of the Holy Redeemer to the west. He further discussed radiation from an antenna directly into their homes. He again asked that the Commission deny the application. Galen Mohler, 11641 Rebecca Lane, presented photographs of the antenna taken from his residence located at the bottom of the hill directly off the cul-de-sac, and a letter highlighting the following: erroneous data; unsightly antenna; lowering of property values; undergrounding of utilities; commercial endeavor; RF radiation safety; and possible effects of RF radiation. Mr. Mohler recommended denial of the application. Karen Emerzian, 11670 Dawson Drive, neighbor and realtor, discussed diminishing property values associated with the proposed antenna site. She requested the project be denied. Parviz Keshtbod, 11627 Rebecca Lane, provided a letter for the Commission's review. He highlighted the letter noting the following: the unsightly antennas close to his residence the neighborhood meeting of February 15' with the applicants; lowering property values; report by EPA dated October, 1990; radiation levels; transmitter, computer, power supplies, all on their own concrete platform; and health hazards. 4 Janet Lull, 11623 Rebecca Lane, had previously provided a letter to the Commission. She reiterated her concerns noting in particular the "Declaration of Restrictions" for the Damavandi Planning Commission Minutes Approved 3/11/97 February 26, 1997 Page 10 Enterprises, Inc. subdivision in which they live. E092, page 11, A-12 of this document states the following: "No tree shrubbery or other obstruction of any kind shall be planted, erected or maintained on any lot is such a manner as to unreasonable obstruct or interfere with the view obtainable from the building plot for the principal residence of any other lot in the tract. Television antennae shall be located as determined by the Architectural Committee but such Committee may also prohibit antennae which are visible from other lots, if an alternative television reception system is available." These Declarations of Restrictions have dictated the manner in which they have developed their properties and their neighborhood. She felt Pacific Bell and Sprint could £rod other sites for their antennas; sites which will not upset citizens, which will not be so visible, which will not threaten the safety and appearance of neighborhoods as this one does. She requested the project be denied. Don Pierce, engineering representative from Sprint Spectrum, discussed power levels, the difficult I-280 corridor, looking at other sites, some public opposition with all sites, and the carriers obligation to provide a certain level of service. He would also prefer using Caltrans overhead signs although at this time, it does not appear to be an option. Commissioner Gottlieb suggested the possibility of off ramp sites as it would appear that the poles would blend well in those locations. Mr. Pierce noted the lack of a maintenance yard in those locations. 6 CLOSED PUBLIC TESTIMONY MOTION SECONDED AND PASSED: Motion by Commissioner Finn and seconded by Commissioner Cheng to deny, without prejudice, a request for Site Development Permit, Conditional Use Permit, and Variance for installation (Pacific Bell Mobile Services and Sprint Spectrum co -location) of wireless telecommunications facilities; and adoption of Negative Declaration; Magdalena Avenue at Eastbrook Avenue/I-280 (Lands of California Water Service Co.), and directing the applicants to further consider alternative sites, including residential property sites. The findings for denial were based, in part, on the visual impact on the Rebecca Lane neighbors, and the impact and possible deterioration and maintenance of the tree pole. The Commission directed the Planning Director to prepare findings in support of the denials, as required by the Town's Zoning Code. AYES: Chairman Doran, Commissioners Cheng, Schreiner, Stutz, Gottlieb, Jinkerson & Firm NOES: None The findings for denial will appear on the next agenda for review and for recommendation to the City Council 4 Planning Commission Minutes Approved 3/11/97 February 26, 1997 Page 11 5. REPORT FROM THE CITY COUNCIL MEETING 5.1 Planning Commission Representative for February 5'". Items included the following: subcommittee on amendments to Master Path Plan; and Lands of the Department of Transportation (Caltrans) at 2350 Page Mill Road. 5.2 Planning Commission Representative for February 19'' Items included the following: Interpretation of nonconforming structures provision, 24700 Olive Tree Court (Lambert); and Lands of Chao/Pang. 5.3 Planning Commission Representative for March 5' - Commissioner Schreiner. 6. OLD BUSINESS 6.1 Report from subcommittees. The Planning Issues subcommittee will be meeting the following week to discuss subdivisions. The next Planning Commission meeting will be held on Tuesday, March I I* at 7:00 p.m. and the Much 26' meeting will begin at 6:00 p.m. 4 7. APPROVAL OF MINUTES 7.1 Approval of the January 22, 1997 minutes. PASSED BY CONSENSUS: To approve the January 22, 1997 minutes. 8. REPORT FROM THE SITE DEVELOPMENT HEARING None. 9. ADJOURNMENT The meeting was adjourned by consensus at 10:45 p.m. Res ectfully submitted, L ' Lonber er Planning Secretary I