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HomeMy WebLinkAbout07/09/1997Minutes of a Regular Meeting Approved 7/23/97 Town of Los Altos Hills PLANNING COMMISSION Wednesday, July 9,1997,7:00 p.m. Council Chambers, 26379 Fremont Road cc: Cassettes( 3 ) #13-97 ROLL CALL AND PLEDGE OF ALLEGIANCE The Planning Commission meeting was called to order at 7:00 p.m. in the Council Chambers at Town Hall. Present: Chairman Doran, Commissioners Schreiner, Gottlieb, Cheng, Stutz & Jinkerson Staff: Curtis Williams, Planning Director; Sheryl Proft, Assistant Engineer; Suzanne Davis, Planner; Lam Lonberger, Planning Secretary i 2. REORGANIZATION OF THE PLANNING COMMISSION MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Jinkerson to nominate Commissioner Gottlieb as Chairman. AYES: Commissioners Doran, Stutz, Jinkerson, Cheng & Schreiner NOES: None ABSTAIN: Commissioner Gottlieb MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Jinkerson to nominate Commissioner Stutz as Vice -Chair. AYES: Commissioners Daran, Jinkerson, Gottlieb, Cheng & Schreiner NOES: None ABSTAIN: Commissioner Stutz 3. PRESENTATIONS FROM THE FLOOR -none 4. PUBLIC HEARINGS 4.1 LANDS OF BUTT, 24708 Voorhees Drive (144-95-ZP-SD-GD); A request for a ` modification to the Site Development Permit conditions of approval regarding paint color and width of walkways. Planning Commission Minutes Approved 723/97 July 9, 1997 Page 2 L The Planning Director introduced this item noting the receipt of a memo from Mr. and Mrs. Butt relating to the history of the project, and in particular, the color of the house, the width of the walkway, and occupancy prior to final inspection. He further provided an update of the project noting utilities have been released since the owners are in the house (no health or safety issues per building official), and staff is working with the applicants regarding an agreement for completion of the remaining outstanding items. There has been a $10,000 performance bond submitted by the applicants to be held until compliance of the outstanding items and final inspection. Staff has been working with the applicants regarding the completion list. However, the two items to be heard this evening relate to items requesting relief from correcting. Another item of concern relates to the removal of dirt from the back area which has been placed in the natural drainage swale through the rear of the property. Discussion ensued regarding light reflectivity value, and the front walkway and steps located within the public right of way. OPENED PUBLIC HEARING Shu-Shih Butt, 24708 Voorhees Drive, applicant, apologized, admitting an error by completing the painting of the house prior to color approval. She understood the concern regarding a light color next to the freeway. She had taken photographs of the house from the freeway indicating the house was no lighter than the surrounding houses. She further discussed the removal of the dirt in the swale area, and the landscaping plan which will provide further screening. Due to current medical expenses, she asked for a compromise regarding the two issues. Mrs. Butt also provided photographs of house colors in the neighboring area. Ms. Davis noted the pending landscaping plan includes a proposed berm which is located in the middle of a swale noting drainage has been a concern. Also, staff was not advised regarding premature occupancy. Utilities were authorized due to family hardship with a $10,000 performance bond to be held until outstanding items me signed off. Commissioner Gottlieb noted a conversation with the applicants on site at which time she suggested the use of a different color trim for the windows, chimney tops and garage doors. CLOSED PUBLIC HEARING Discussion ensued regarding the color requirements for the other houses in the Clausen subdivision, and the premature painting of the house. Commissioner Cheng disclosed she had spoken to the applicants and she did not feel there would be a conflict of interest due to the proximity to her residence. She did not feel the current colors were obtrusive. Due to the change in policy requesting the colors to be signed off prior to acceptance of plans for building plan check, this situation should not happen again. Commissioner Doran agreed. The new policy precludes another incident from occurring. She would not asked the applicants to repaint the 4 structure. She would like to see the landscaping installed as she felt landscaping should be installed prior to occupancy. This is a visible comer. Commissioner Schreiner sympathized with Planning Commission Minutes Approved 7/23/97 July 9, 1997 Page 3 the applicants, however, she felt the need to uphold Town ordinances. Others have been required to remove walkways and repaint. They should be consistent. She asked if they could extend the time for some of the items needing completion or mitigation. The Planning Director noted there was no present timetable for completion or the refund of moneys held (performance bond). Although, the dirt removal must be completed as soon as possible. Commissioner Stutz would like to request a meter reading on the color by an independent party for this house and the house located above this property. She further discussed the walkway, turnaround area, grading, and drainage swale over the walkway. She recommended that they take out all of the sidewalk from their circle out to Voorhees Drive including the steps, and not plan for a front sidewalk. Front sidewalks encourage people to park on the street and on the path. Commissioner Jinkerson agreed with Commissioner Stutz regarding the walkway. The front part should be removed. He also would prefer the color be corrected. If they approve this color, the Town will be living with it indefinitely. This is the time to fix the problem. Commissioner Gottlieb agreed stating they should be consistent and adhere to policy. Commissioner Cheng felt they should keep in mind anyone can repaint after a final. She asked for a compromise as she did not feel the color was bright and shiny. MOTION SECONDED, AMENDED AND PASSED: Motion by Commissioner Stutz, and seconded by Commissioner Jinkerson, and amended to require the removal of the steps and walkway up to the circle. 4 AYES: Chairman Gottlieb, Commissioners Schreiner, Jinkerson, Doran, Cheng & Stutz NOES: None MOTION SECONDED AND FAILED: Motion by Commissioner Jinkerson, seconded by Commissioner Schreiner, and failed by the following vote to deny the request to retain the existing exterior color and require the applicants to select a color which exhibits a light reflectivity value of 50 or less for the repainting of the residence, working with staff regarding the time frame for repainting. AYES: Chairman Gottlieb, Commissioners Schreiner & Jinkerson NOES: Commissioners Stutz, Cheng & Doran MOTION SECONDED AND PASSED: Motion by Commissioner Doran and seconded by Commissioner Cheng to forward the previous motion with a 3/3 vote to the City Council for a decision regarding retaining the existing exterior color and require the applicants to select a color which exhibits a light reflectivity value of 50 or less for the repainting of the residence. AYES: Chairman Gottlieb, Commissioners Doran, Cheng & Stutz NOES: Commissioners Jinkerson & Schreiner This item will be scheduled for a City Council public hearing agenda. Planning Commission Minutes July 9, 1997 Page 4 Approved 7/23/97 4.2 LANDS OF FITZPATRICK, 25311 Fremont Road (88-97-ZP-SD); A request for a Site Development Permit for a new residence. Staff had nothing further to add to the staff report. There were questions directed to staff regarding basement window wells (appear excessive), basement size, ingress/egress, basement in close proximity to water table and flood plain, and worksheet #2 calculations. Also discussed was the drainage design creating sheet flow across the rear of the property with a swale to direct the flow around the existing guest house. Chairman Gottlieb questioned the sandbags on the street noting that other properties have had problems with basements. OPENED PUBLIC HEARING John Fitzpatrick, 25311 Fremont Road, applicant, discussed the length of time working on the project with many compromises made with the staff and the Water District. The project adheres to Town ordinances with neighborhood support of the project. He further discussed the following: no variance request; one and two story elements; drainage on the other side reason for sandbags; window wells per UBC; reasons for the basement area larger than the first floor; basement plans approved by the Santa Clara Valley Water District; depth of window wells dictated by the amount of floor area it serves; top of basement wall more than a foot above the flood plain; the driveway location previously approved; the access to the cottage and possible E emergency situations; request to complete pathway during the course of construction (condition �I #17) to avoid any damage to the pathway; request to place the $4,000 performance bond into an interest bearing account; condition #16 regarding a conservation easement including an area 25 feet of the top of bank which his neighbors have not had to dedicate (requesting only a 10 foot easement which would allow him to retain the spa); the completed landscaping in the back portion of the lot; and granting a storm drain easement to Santa Clara Valley Water District over Adobe Creek and for 25 feet beyond the top of the bank. If the SCV WD easement is required, he requested that the building permit is not delayed while they wait until it has been granted (conditions #20). For clarification, Ms. Davis noted the applicant still has a valid permit for the previously approved plan. Katy Stella, Pathway Committee, felt the applicant's request to complete the pathway during construction was acceptable. CLOSED PUBLIC HEARING Commissioner Jinkerson asked for clarification regarding conditions #16 and 20. The assistant engineer noted the conditions were similar to the Rogez property on Fremont Road. She agreed that SCVWD does take a length of time to process a grant easement. Town policy is 25 feet from top of bank. Staff reviews each project separately. Commissioner Jinkerson supports staff regarding conditions #16 and 20. He also felt there should only be one basement entrance (wine cellar entrance not necessary), the media room window well should be eliminated, and the applicant should work with staff to minimize window wells. Commissioner Stutz stated the back Planning Commission Minutes Approved 7123/97 July 9, 1997 Page 5 half of the property has been completed with the cottage and spa. She suggested they review just the upper portion of the lot (inclined to not require easements). She felt the applicant has done a good job with the planning of the house although she was concerned with the size of the window wells suggesting a reduction in size. Also the stairway should be placed so it is right next to the house. She was surprised to see so many stairways in the basement. Commissioner Schreiner was concerned regarding water permeability of basement walls. She would like the applicant to work with staff to meet the minimum requirements regarding exits and stairs and window wells. Her main concern was paving in the setbacks (privacy and openness). She felt one driveway in a setback was necessity; two a luxury. She suggested eliminating the right side driveway. Commissioner Cheng noted the driveways were approved prior and only the design of the house has changed. The basement should meet the minimum UBC requirements. She agreed with the applicants request for a reduction in the easement (10 feet instead of 25 feet). Commissioner Doran agreed with Commissioner Stutz and Cheng. She felt there was no justification to change the interior stairway and the window well on the patio side which is similar to a previously approved project on La Paloma Road. She did not feel the window wells gave a three story appearance and agreed to the reduction in the easement (#16). Also, she suggested a refund of the $4,000 performance bond and require the pathway to be constructed prior to final of the project. Chairman Gottlieb stated this was a new application and the applicant should comply with current rules. A conservation easement over a creek and top of bank is a typical requirement which protects the creek and applicant against unwarranted development. She further discussed not wanting to see a patio type entrance to the basement and the stairs should be moved closer to the house. She was concerned with drainage as she would not want to direct water to the neighboring property. However, she will defer drainage to staff for review. Further discussion ensued regarding pavement in setbacks. She felt there should not be parking within the setbacks suggesting shifting the house and using only one driveway. MOTION SECONDED AND PASSED: Motion by Commissioner Jinkerson and seconded by Commissioner Stutz to approve the Site Development Permit for first and second story additions and major remodel of an existing residence, Lands of Fitzpatrick, with the following changes/additions to the conditions of approval: modify condition #17 to require the path to be installed prior to final inspection; add condition requiring the applicant work with staff to reduce the basement window wells to 10% or the minimum UBC requirement and to eliminate one of the exterior exits unless it is required by the UBC; the $4,000 deposit to be placed in an interest bearing account or CD; and to work with staff to modify driveways to get as much of the paving out of setbacks as possible (without redesigning the house). AYES: Commissioners Doran, Cheng, Stutz & Jinkerson NOES: Chairman Gottlieb & Commissioner Schreiner This approval is subject to a 21 day appeal period. Planning Commission Minutes Approved 723/97 July 9, 1997 Page 6 Brief break at 9:40 p.m. 4.3 LANDS OF MENDEZ, 25600 Frampton Court (178-96-ZP-SD-GD); A request for a Site Development Permit for a new residence with attached secondary dwelling unit, and variance to allow grading and paving within 10 feet of a property line. The Planning Director introduced this item clarifying one item before the Commission was the proposed wrought von fence partially within the conservation easement and drainage easement along the creek. Condition #19 is not consistent with what the applicant is proposing. If they approve the applicant's request, #19 would need to be modified. Also, Mr. Fowler, an uphill neighbor, is requesting that the sewer easement existing on this property be relocated or an additional sewer easement be provided along the opposite side of the property to accommodate a proposed sewer tine which Mr. Fowler and Dr. Carrie would like to construct down to Frampton Court to connect into the sewer system. Mr. Fowler has proposed an additional condition stating the 10 foot sewer easement from the Fowler land to Magdalena Avenue be relocated to the south/southwest boundary lines to provide a connection on Frampton Court or to some other location, provided staff finds the relocation to be feasible and appropriate. Commissioner Schreiner asked for clarification regarding the human habitation setback and the location of the garage. She felt perhaps a disclosure statement would be appropriate since the garage is within the human habitation setback with potential risk of damage to the garage. The Planning Director noted the geotechnical consultant has reviewed the plans. OPENED PUBLIC HEARING Mark Srebnik, 1644 Dallas Court, Los Altos, project architect, provided a sketch indicating all the easements and the human habitation setback on this site which limits development. The proposed project is small in comparison to the numbers allowed. The applicants would like to provide an additional area for arts and crafts activities, exercise equipment, visiting relatives, and an pair quarters. They will provide a driveway crossing the property line and extend landscaping over both properties for an appearance of a continued property (rather than a second curb cut). He further discussed the request for the fence location within the conservation easement in a small area and the applicant's letter providing an explanation for the location. Jay Fowler, 25625 Fernhill Drive, voiced support for the project. He reiterated his and Dr. Carrie's request regarding the relocation of the sewer easement. He read the proposed condition for the relocation. Since the architect had no prior notice of this request, he could not give an opinion for the applicants. Mr. Fowler and Dr. Came would be happy to share their engineering information with the applicants. With the proposed easement, it would allow more properties to connect to sewer. CLOSED PUBLIC HEARING q9 Planning Commission Minutes Approved 723/97 July 9, 1997 Page 7 The Planning Director suggested leaving the sewer easement request to the neighbors to negotiate, noting the easement should be public. The assistant engineer stated the current policy of the Town is to put all of the sewer mains in roadways or shoulders along roadways for easy access and maintenance. Discussion ensued regarding the sewer easement request which is not a part of this application, and the fence location within the conservation easement. MOTION SECONDED AND PASSED: Motion by Commissioner Jinkerson and seconded by Commissioner Doran to approve the Site Development Permit for a new residence with attached secondary dwelling unit and detached garage, and a variance to allow grading and paving within 10 feet of a property line, Lands of Mendez, with the following additions/changes to the conditions of approval: maintain #19 as written; add a condition stating a disclosure statement shall be recorded acknowledging that the garage structure lies within a seismic setback zone, and that significant, or even total, economic loss of the structure may occur as the result of a seismic event. AYES: Chairman Gottlieb, Commissioners Stutz, Schreiner, Cheng, Doran & Jinkerson NOES: None This approval is subject to a 21 day appeal period. 4.4 LANDS OF BUCHANAN, 25525 Bledsoe Court (73-97-ZP-SD-GD); A request for a Site Development Permit for a new residence, secondary dwelling unit, tennis court, pool and spa. Commissioner Jinkerson stepped down from the public hearing due to the proximity of his residence to the proposed project. Commissioner Stutz disclosed she was within 2500 feet of the proposed site and does not have a conflict of interest by hearing the project. Staff had nothing further to add to the report. Commissioner Schreiner asked if the 20 foot width for the driveway was a fire department requirement or a desire of the applicants. The Planning Director noted it was a desire of the applicants. OPENED PUBLIC HEARING Eric Peterson, 718 Oak Grove Avenue, Menlo Park, project architect, discussed the following with the aid of a rendering of the project: the numerous easements encumbering the lot; the driveway design; the new driveway in the same location as the current driveway; tree removal; the site layout; the house primarily one story; and the low profile design. The staff report indicated an issue with the pool decking within setback. This can be pulled out of the setback with the pool equipment relocated. The tennis court fencing shall be black vinyl. Not shown on the plans are four skylights which will be flat and tinted. Planning Commission Minutes Approved 7/23/97 July 9, 1997 Page 8 Commissioner Schreiner asked if they had considered any other area for the guest house as it will require the removal of two trees. She suggested the old barn area. Mr. Peterson noted they wanted the guest house accessible to the driveway. The placement of the guest house provides a gate house feel. He farther discussed the subordination with the main residence. Also, they are placing the pool on the flattest area on the property. The location will allow monitoring of the area from the family room areas. Sasson Somekh, 2525 Moody Road, neighbor, voiced concern regarding noise relating to the pool location and his family bedrooms. He asked if the pool could be moved to be more centered on the property. Sue Buchanan, 25586 Willow Pond Lane, applicant, provided a history of the development of the plans which included meeting with the neighbors. She was surprised with the request to move the pool since they had shared the plans with Mr. Somekh previously. Chairman Gottlieb suggested switching the barbecue area with the pool location, pulling the pool forward and centered. CLOSED PUBLIC HEARING Commissioner Schreiner was concerned with the following: the height of the tennis court fence; the width of the driveway; the number of trees being removed which are not protected by the conservation easement; and the impact to neighbors. She did feel the house will blend in and she was pleased that the development and floor area figures we not maximized. Commissioner Doran felt this was a creative design on a lot with many constraints. The applicants have retained a substantial number of trees. The guest house location reduces pavement. The pool could be shifted. Commissioner Cheng was pleased with the project noting no problem with the driveway or the removal of a few trees. Her only concern was with the pool location and the impact to the neighbor. Commissioner Stutz agreed. She was not concerned with the removal of the trees and suggested the neighbor plant trees on his property to help mitigate the pool area noise. Chairman Gottlieb would like the guest house shifted to save the two trees. She would prefer the pool be raised and shifted. Commissioner Schreiner felt there was so much property it would not take much to move the guest house to save the two trees. MOTION SECONDED AND PASSED: Motion by Commissioner Doran and seconded by Commissioner Stutz to approve the Site Development Permit for a new residence, secondary unit, pool and spa, accessory building, and tennis court, Lands of Buchanan, with the following additions/changes to the conditions of approval: submit revised plans shifting the pool to relocate all decking out of setbacks and to minimize impact on neighbors; and add to #4 requiring the fencing for the tennis court be black vinyl chain link. AYES: Chairman Gottlieb, Commissioners Cheng, Stutz & Doran NOES: Commissioner Schreiner Planning Commission Minutes Approved 7/23/97 July 9, 1997 Page 9 This approval is subject to a 21 day appeal period. 5. OLD BUSINESS 5.1 Report from subcommittees -None 6. NEW BUSINESS PASSED BY CONSENSUS: To start the July 23`d Planning Commission meeting at 6:30 p.m. Chairman Gottlieb requested a meeting with the Environmental Design and Protection Committee and Planning Commission sometime in the future prior to a Planning Commission meeting. REPORT FROM THE CITY COUNCIL MEETING 7.1 Planning Commission Representative for the July 2"d meeting, Commissioner Schreiner, reported on the following items: appoint to Community Development Block Grant Citizens' Advisory Committee; appointments to the Technology Improvement Committee; Lands of Clevenger (pulled); Lands of Vellequette (appealed); ordinance amending Chapter I (Zoning and Site Development) of the Los Altos Hills Municipal Code to amend the sections on non -conforming structures, setback lines, and exception to setback lines; and Lands of Cole (Full House Farm. 7.2 Planning Commission Representative for July 16, 1997 -Commissioner Doran 8. APPROVAL OF MINUTES 8.1 Approval of the June 25, 1997 minutes PASSED BY CONSENSUS: To approve the June 25, 1997 minutes with Commissioner Cheng abstaining. 9. REPORT FROM THE SITE DEVELOPMENT HEARINGS OF JULY 1 AND 8, 1997 9.1 LANDS OF CHAMBERS, 12421 Barley Hill Road; A request for a Site Development Permit for an addition and remodel. Approved with conditions July 1, 1997. 9.2 LANDS OF MCCANDLESS, 26777 Almaden Court; A request for a Site Development Permit for pool & spa, sport court, cabana, and landscaping. Approved with conditions July 1, 1997. ibr Planning Commission Minutes July 9, 1997 Page 10 Approved 7/23/97 9.3 LANDS OF ESTES, 12153 Padre Court; A request for a Site Development Permit for a pool and related improvement. Approved with conditions July 8, 1997. 9.4 LANDS OF VIDOVICH, 11920 Stonebrook; A request for a Site Development Permit for subdivision landscaping (Quarry Hills Subdivision). Approved with conditions July 8, 1997. 10. ADJOURNMENT The meeting was adjourned by consensus at 12:05 a.m. Reessp/ecttfully submitted, '� ( Lani Lonberger Planning Secretary