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HomeMy WebLinkAbout10/08/1997Minutes of a Regular Meeting Approved 10/22/97 Town of Los Altos Hills PLANNING COMMISSION Wednesday, October 8, 1997, 7:00 p.m. Council Chambers, 26379 Fremont Road cc: Cassettes (3) 917-97 ROLL CALL AND PLEDGE OF ALLEGIANCE The Planning Commission meeting was called to order at 7:05 p.m. in the Council Chambers at Town Hall. Present: Chairman Gottlieb, Commissioners Cheng, Stutz, Schreiner & Jinkerson Staff: Curtis Williams, Planning Director; Sheryl Proft, Assistant Engineer; Suzanne Davis, Planner; Ted Sayre, Town Geotechnical Consultant; Lam Lonberger, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR -none 3. PUBLIC HEARINGS 3.1 LANDS OF WONG, 12354 Priscilla Lane (187-97-ZP-SD); A request for a Site Development Permit for a landscape plan (appealed by Planning Commission). This item was introduced by Ms. Davis by providing information regarding the September 23' Site Development meeting. Present at that meeting were staff, the applicant, a neighbor, and a member of the Environmental Design and Protection Committee. The landscape plan was approved with required changes which included a change to the redwood tree near the northerly property line to a Coast Live Oak, shifting the location further from the property line; adding evergreen shrubs to planter areas along the rear elevation; a change to the Monterey Cypress to be planted in the front of the house to a Leland Cypress or another evergreen species. OPENED PUBLIC HEARING Planning Commission Minutes October 8, 1997 Page 2 Approved 10/22/97 %W Tony Wong, 22362 Homestead Road, Cupertino, applicant, discussed the planting along Stonebrook Drive, meeting with two members of Environmental Design Committee, changing plantings so that the oleanders are alternated with Cypress (meandering to appear more natural) and at least five feet from the pathway. He is proposing to add several Chinese Pistache along Priscilla Lane and two Japanese Maples near the circular element on the property to help break up massing. Also, he is proposing to change the redwood trees to oaks or other lower growing trees. Commissioner Stutz stated she was originally concerned with the trees which were already planted. She voiced disappointment with the landscaping plan which lacked completeness. The plan should have provided a key chart indicating height, width, and type care of proposed plantings. She suggested removing the 17 Cypress along Stonebrook Drive, putting seven back in two groups (4 and 3). Also the proposed 12 Azaleas will not do well in the proposed locations and if the nine redwoods are changed to Live Oaks, this may be too many for the site when mature. She suggested the removal of all oleanders except for the short growing ones. Commissioner Stutz recommended continuance of the landscape plan to be returned with more detail, suggesting the use of a professional landscape architect. Commissioner Jinkerson asked the applicant if he planned to live in this house and if these f were the type of plantings he preferred. Mr. Wong responded yes to both questions. 20 Chairman Gottlieb was concerned with the wrought iron spiked fencing along Stonebrook Drive requesting the change to the type of fence (no spikes) for safety purposes. She also recommended adding a tree at the garage end of the house and the end of the house facing Priscilla Lane as these areas need mitigation. Les Earnest, Pathway Chair, was concerned with the trees planted along the pathway as they will need to be trimmed severely when matured to keep the path clear. The trees should be far enough away from the path so as not to encroach into it. Commissioner Stutz felt there should be a 10 foot separation between the cypress and path. CLOSED PUBLIC HEARING Discussion ensued. Commissioner Stutz felt the pine trees should be cut down as they were diseased with beetles. Commissioner Jinkerson would like to see down shielded lights at the gate and post. Commissioner Schreiner stated the reason for their concern was due to the high visibility of this area. The purpose of landscaping was to camouflage the house with trees and shrubs; not to encircle the property but to soften the development. There should be a 10 foot clearance from the path, the trees along Stonebrook Drive should be staggered, the shrubs along the house should be something besides azaleas, and shrubs for the prominent areas on the site. Commissioner Cheng felt they should let the applicant decide the types of plantings; the Commission can say where. She also felt this was an unusual situation and Planning Commission Minutes October 8, 1997 Page 3 Approved 10/22/97 other applicants have not been treated in the same manner. Commissioner Stutz questioned condition #3 and the number of replacement trees that would be required. MOTION SECONDED AND PASSED: Motion by Commissioner Stutz and seconded by Commissioner Jinkerson to continue the request for a Site Development Permit for a landscape plan to provide additional information to the Planning Commission for review as noted, including the following: plan key chart; indicate new lights (pillars); show 10 foot clearance from the pathway; change fence to a non -spiked style. AYES: Chairman Gottlieb, Commissioners Schreiner, Jinkerson & Stutz NOES: Commissioner Cheng This item will be rescheduled for public hearing. The Planning Director noted the request from the Environmental Design and Protection Committee Chair to schedule a joint meeting with the Planning Commission to discuss their expectations of the Committee in their review process. He suggested starting a future Commission meeting a half hour early. 3.2 LANDS OF YANEZ, 26242 Fremont Road (128-97-ZP-SD); A request for a Site Development Permit for a new residence. Ms. Davis introduced this item noting the receipt of two letters; one from a neighbor, Ms. Denise Klock, and a response letter from the applicant. Ms. Davis noted that all concerns expressed by the neighbor are covered by the recommended conditions of approval. The assistant engineer discussed La Paloma drainage, the Town improvements to be done next Spring, and the proposed subdivision of the Maurer property which may have drainage improvements attached to the approval. Also, the applicant on the former Burkhart property on La Paloma Road is proposing to install a drainage channel and he may then request reimbursement from the City Council if he does the construction of the channel. Also, the Yanez area lots have no history of flooding. OPENED PUBLIC HEARING Luis Yanez, 26879 Moody Road, discussed the project, reviewed the previous two story approved design in 1989, and he agreed with the conditions of approval as noted in the staff report. The applicant has submitted a new plan for a one-story residence that is consistent with the height of other homes approved in the La Paloma basin since 1989 (one story, 21 feet high with a reduction of driveway area). 01 Planning Commission Minutes October 8, 1997 Page 4 Approved 10/22/97 Commissioner Jinkerson noted the Environmental Design Committee questioned the location of the garage noting if it were turned the excessive pavement would be unnecessary. Chairman Gottlieb asked if the garage could be on opposite end of the house to get the driveway further from the neighbor. She was also concerned with the Redwood tree at the rem of the house. Mr. Yanez responded the design was trying to save the Palm and Redwood trees. The Redwood tree to the rear is questionable as it is not in good condition. There is a substantial fence between the two properties and the neighbor's house is a good distance from the common property line. The Planning Director noted the story poles indicate the structure to be closer to the trees than the plans indicate. It was difficult to go in and out with the design. The Planning Director suggested moving the house back, if necessary, to preserve the tree in the front area. The tree in back is stressed and not a good specimen. The tree should be 10- 15 feet away from the house. Fred Osterlund, 26238 Fremont Road, neighbor using the same driveway as this property, stated the current tenants in the existing house expressed to him that in heavy rains there was a one foot deep puddle in the rem yard with water in the laundry room. The basement would need to be built with this in mind. Also, the 24 foot wide easement noted on the plans is AV only along the Klock property, not the Humphries and Osterlund property. John Convert, family's property is adjacent to this project. His main concern was landscaping as the current structure at 1,500 square feet, substantially smaller than the proposed project at nearly 6,000 square feet. He was concerned with privacy requesting landscaping in the rear yard. Sandy Humphries, 26238 Fremont Road, discussed drainage as it related to the area and the need to handle it properly as it is a wet area. CLOSED PUBLIC HEARING Commissioner Schreiner discussed two major concerns: drainage and the basement, and asphalt in the setbacks. They are trying to keep the openness and privacy for all. Chairman Gottlieb would like to see the backup for the garage reduced and the guest parking eliminated. The assistant engineer explained what was needed for the backup area (need 26 feet; 27 feet proposed). The Planning Director noted there was a considerable amount of pavement existing within the setback that will be removed. A one story home covers more of the lot and some of the pavement is for the fire turnaround. Commissioner Cheng stated the design was a big improvement over the previous approved design. The site is not in a flood plain, guest puking is needed for this site, and they have 3,000 square feet of 160 development area left. Driveways are allowed in setbacks. Commissioner Jinkerson agreed Planning Commission Minutes October 8, 1997 Page 5 Approved 10/22/97 that some puking is needed, however he suggested turning the garage and making it a two car garage rather than a three car garage. This way they would maintain the integrity of the setbacks. Commissioner Stutz felt extra parking on a lot like this is very desirable as the house is a distance from Fremont Road. Mr. Yanez noted the basement is designed for the area. They will have double sump pumps (primary and backup) and a generator, and the crawl space will be water proofed. Chairman Gottlieb would like the applicant to work with staff to reduce as much of the paving as possible within setbacks, and setting the redwood tree back at least 10 feet from the house. Commissioner Stutz suggested a strip of grasscrete a few feet wide along the driveway. She would also like to see the front entry lowered. Commissioner Jinkerson would like to see the front entry to the eave line. Commissioner Cheng commented that this was the front of the house which no one will see. This is the applicant's design and she felt there was no rationale for lowering the front element. Mr. Yanez stated there was nothing to gain by dropping the front element as it does not reduce bulk nor would it be seen. Commissioner Schreiner was not as concerned with the front element as the house is only one story and 21 feet in height. Other issues were more important (drainage, basement, paving in setbacks). She felt the design was good for the lot. Commissioner Jinkerson was concerned with the height of the chimneys. He suggested minimum height per UBC. REOPENED PUBLIC HEARING David Pefley, 26169 Maurer Lane, stated the proposed front entry is not as high as the house on Fremont Pines Lane. The front entry is not that wide and seems appropriate for the width of the house. He voiced support of the project. CLOSED PUBLIC HEARING MOTION SECONDED, AMENDED AND PASSED: Motion by Commissioner Jinkerson, seconded by Chairman Gottlieb, and amended to approve the Site Development Permit for a new residence, Lands of Yanez, with the following changes/additional to the conditions of approval: applicant to work with staff to reduce pavement as much as possible; chimneys shall be 2 feet above the roof unless required to be higher by UBC; the Redwood tree to be at least 10 feet from the front of the house. Planning Commission Minutes October 8, 1997 Page 6 Approved 10/22/97 Discussion ensued. Commissioners Stutz, Cheng and Schreiner were in agreement not to require the front element to be lowered. AYES: Chairman Gottlieb, Commissioners Stutz, Cheng, Schreiner & Jinkerson NOES: None This approval is subject to a 21 day appeal period. 3.3 LANDS OF FERRARI, 12500 Corbetts Lane (87-97-ZP-SD-GD); A request for a Site Development Permit for minor additions, detached garage, and major remodel (including exterior changes) of an existing residence located over a fault. Commissioner Jinkerson stepped down from the public hearing due to the proximity of his residence to the proposed project. The Planning Director introduced Ted Sayre from the office of Cotton, Shires & Associates, the Town's Geotechnical Consultants, who would be available for questions. Mr. Sayre fielded questions concerning the fault traces and how they would affect the lake (if eruption through the house, it could impact the man-made lake). It was not known if the house was damaged in the 1989 earthquake. The Planning Director also explained that the application does not involve Conditional Development or Use Permits. However, there is a provision in the Conditional Development Permit section of the Zoning Code which states the Town may consider a property that has human habitation setbacks for seismic or noise purposes that significantly constrain development on the land as Conditional Development Permits. Staff has utilized the language from the Conditional Development Permit section for the findings for denial. OPENED PUBLIC HEARING Randy Finn, 3160 Crow Canyon Road, San Ramon, project architect, provided the history of the project since the purchase of the property by the Ferrari's 18 months ago. Once it was determined that the existing roof was unsafe, it was determined that structural support needed to be added to make the house safe. The plans were for some cosmetic changes which included a new tile roof. However, the current structure cannot support the tile roof. They were trying to make the house safe against ground shaking and/or small earthquakes. He was informed regarding the fault traces but he was not informed that the applicants could not live in the house or that the house had to be moved. Paris Tabor, TEAC Engineering, 3160 Crow Canyon Road, San Ramon, had reviewed the original 1958 plans concluding the roof load was too high (did not address any lateral movement) and would collapse under its own weight. He noted there are materials lighter than the proposed clay tile. Planning Commission Minutes October 8, 1997 Page 7 Approved 1022/97 Laura Johnson, 25900 Vinedo Lane, adjacent property owner, provided some history of the property noting the property has been vacant for 18 months. Guy Jinkerson, 12579 Corbetta Lane, reiterated previous history and noted the previous owners, the Thompson's had occupied the residence. CLOSED PUBLIC HEARING Discussion ensued. Commissioner Schreiner commented on the unique structure and how the request for a variance was not in order. She referred to the Cotton, Shires & Associates report regarding seismic safety, and Section 10-1.401 "Non -conforming Structures." The applicants can put on a new roof but cannot increase a non -conformity. Also there is an ordinance regarding setbacks in a fault area. The Planning Director stated staff interpretation is that the applicants cannot add habitable floor area. Expanding the use and lifetime of the structure is a non -conformity increase. Significant structural upgrade is increasing the habitability. This information should be added to the findings for denial. At this point, it is not known if the house is habitable as it has not been condemned. Ted Sayre noted neither of the fault traces erupted during the 1989 Loma Prieta earthquake. 160 Commissioner Stutz felt they should not add any more floor area. Also, the proposed the does not go with this house. There is new light weight roofing material which looks likes concrete. Commissioner Cheng agreed with a remodel with no additions to the floor area. It would be nice to keep the same look with the roof. She was not concerned with the garage. Commissioner Schreiner agreed with staff recommendation suggesting adding to the finding for denial reference to Section 10-1.401. Chairman Gottlieb asked if the interior remodeling could be done if the project is denied. The Planning Director responded yes, and the garage could be handled with staff review. He did not have any details regarding what it would take to make the house livable; he did not know that it was not livable currently. There was someone living there 18 months ago. There may be some lesser fix to make the house habitable without putting on this heavier roof. Staff is willing to look at their options as presented. REOPENED PUBLIC HEARING Paris Tabor, TEAC Consulting Engineers, stated the applicants should not occupy the house in its current status. A structural system needs to be implemented that encompasses the whole interior of the structure. Based on their analysis, the structure is not safe for human occupancy. If the Town is going to allow occupancy, the applicants need the opportunity to provide a system for the outside of this house (seismic/structural upgrades). Planning Commission Minutes October 8, 1997 Page 8 Approved 10/22/97 4 The Planning Director stated, assuming Mr. Tabor is correct, the Town will not permit occupancy if this is the only way to make the structure livable. There will have to be a structure built elsewhere on the property. If there is something less than what Mr. Tabor indicated to make the structure livable, not nearly so drastic as what they are proposing in terms of changing both the investment in the infrastructure of the house as well as the appearance of the exterior, then staff would entertain the proposal. However, this is not what Mr. Tabor has indicated. Steve Ferrari, son of applicants, reiterated what the structural engineer has proposed. They do want to occupy the property as the past owners did. There was no damage to the property during the 1989 earthquake. All they want to do is retrofit the roof as the current roof is not designed to hold its own weight. They want to retrofit the roof with conventional wood framing that would allow them to put on a light roof material along with the perimeter foundation with support poles which has been put forth to the Commission by the structural engineer and architect. They are only increasing habitable area by 97 square feet. He stated they were willing to eliminate the habitable floor area addition to gain approval of the project. The garage and storage area are not habitable areas. Regarding historical significance, the property was not designated a historical site; only by the Town. The Planning Commission has a responsibility to allow the applicants to retrofit the property to make it safer. There is a grave liability on each one if the roof were to collapse on his parents during a catastrophic event, that indeed would bring repercussions because they we putting forward a proposal to allow them to retrofit and make this property safer. CLOSED PUBLIC HEARING The Planning Director appreciated Mr. Ferrari's comments. However, this is a major policy issue for the Town to determine when an addition (economic investment) in a property that it is increasing the habitable life of a structure which is in a hazardous zone. Staff recommendation remains the same. Commissioner Schreiner quoted the June 11, 1997 Cotton, Shires & Associates report. Mr. Sayre stated the June 1 I` letter was one of the first letters before they got into details as to what would be required for a seismic retrofit. As he understood it, the seismic retrofit evolved into bringing walls down from the perimeter upper floor of the building to create a cylinder from the ground, up to the roof. This is a concept that they would agree that would make the structure safe from seismic ground shaking but not from surface fault rupture. The Planning Director stated there has been enough professional advice on record this evening from the consultants of the Ferrari's that is adequate notice to them of potential hazards of the house and it is their responsibility to feel comfortable that it is safe to move into the house; not the Town's to analyze their decision. Planning Commission Minutes October 8, 1997 Page 9 Approved 1022/97 4 MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Cheng to deny the request for a Site Development Permit for a detached garage, minor additions and a major remodel of an existing residence, Lands of Ferrari, adding to the findings for denial reference to Section 10.1-401. AYES: Chairman Gottlieb, Commissioners Cheng, Schreiner & Stutz NOES: None ABSTAIN: Commissioner Jinkerson The appeal process was explained to the applicant and audience. 4. OLD BUSINESS 4.1 Report from subcommittees -none. NEW BUSINESS 5.1 Planning Commission Holiday Schedule (Thanksgiving and Christmas). PASSED BY CONSENSUS: To cancel the November 26' and December 24' meetings. The Planning Director will keep the Commission advised of pending applications in the event a special meeting would need to be scheduled. 6. REPORT FROM THE CITY COUNCIL MEETING 6.1 Planning Commission Representative for September 30, 1997, Commissioner Jinkerson reported on the following items: amendment to Article 10-2.10 (Outdoor Lighting) of the Site Development Code to add a purpose statement and clarifying language; and proposed Ordinance amending Section 10-1.505(A) of the Zoning Ordinance to limit backup and turnaround areas within required setbacks. 6.2 Planning Commission Representative for October 15, 1997- Commissioner Schreiner. 7. APPROVAL OF MINUTES 7.1 Approval of the September 10, 1997 minutes -continued to 10/22/97. 7.2 Approval of the September 24, 1997 minutes. PASSED BY CONSENSUS: To approve the September 24,1997 minutes with Commissioner Schreiner abstaining. Planning Commission Minutes Approved 10/22/97 October 8, 1997 Page 10 `I 8. REPORT FROM THE SITE DEVELOPMENT HEARINGS OF SEPTEMBER 30.1997 8.1 LANDS OF RATNAM, 13408 Middle Fork Lane (174-97-ZP-SD); A request for a Site Development Permit for a swimming pool. Approved with conditions. 8.2 LANDS OF BUTT, 24708 Voorhees Drive (59-97-ZP-SD); A request for a Site Development Permit for a landscape plan. Approved with conditions. ADJOURNMENT The meeting was adjourned by consensus at 10:20 p.m. Respectfully s miffed, L, er Planning Secretary