HomeMy WebLinkAbout01/28/1998Minutes of a Regular Meeting Approved 2/11/98
Town of Los Altos Hills
PLANNING COMMISSION
Wednesday, January 28, 1998, 7:00 p.m.
Council Chambers, 26379 Fremont Road
cc: Cassettes (4) #2-98
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 Gottlieb, Commissioners Schreiner, Cheng & Jinkerson
Staff: Curtis Williams, Planning Director; Sheryl Proft, Assistant Engineer;
Suzanne Davis, Planner; Lam Lonberger, Planning Secretary
2. PRESENTATIONS FROM THE FLOOR -None
3. PUBLIC HEARINGS
3.1 LANDS OF WILSON, 11471 Page Mill Road (266-97-ZP-SD-GD); A
request for a Site Development Permit for a new residence with an attached
garage, and a detached one car garage.
Ms. Davis introduced this item noting the receipt of an arborist report, the geotechnical
report from Cotton, Shires & Associates, and Pathway Committee recommendations.
OPENED PUBLIC HEARING
Walt Wilson, 7175 Red Holly Court, San Jose, applicant, introduced the design team,
provided the history of the project, highlighted design elements, and requested approval.
Peter Duxbury, 283 First Street, Los Altos, project architect, provided a model of the
project. He noted the following: saving of many oak trees; the private road running
through the property; the siting of the house; stepping down the site; the storage basement;
and keeping Buena Vista Drive (a private street) as open as possible. The main skylight
located in the flat roof section between the sloped sections will use a thick material much
like glass block but in plastic. It will only emit 8% light. Outdoor lighting will be low
wattage, down lights, and not intended to light up the outside of the house.
4
Planning Commission Minutes Approved 2/11/98
January 28, 1998
Page 2
Art Lachenbruch, 11820 Buena Vista Drive, was in support of the project, although he was
concerned with pathways and right-of-way issues. Buena Vista Drive is a private, small,
local road which the residents prefer. He was concerned with the road dedication and the
treatment of the entrance at Page Mill Road. He was concerned with the amount of
dedication being required at the Moody Road, Buena Vista Drive and Page Mill Road
intersection due to the 30 foot radius. He stated this was a enormously important piece of
real estate, asking the Commission to take care of it and maintain the existing trees
(screening). Regarding the pathways, he noted a safety issue with the Page Mill Road as
the pathway is proposed in a dangerous location and once beyond the Wilson property
there is no way to continue it safely. The path would be better across the street on the Palo
Alto Hills Park. Also, he felt it would be better to grant the pathway over the road rather
than the proposed five foot wide native path to be constructed on the south side of Buena
Vista Drive.
Wayne Balkenhol, 11470 Page Mill Road, agreed with Mr. Lachenbruch on the pathway
issue as he did not feel a pathway on Page Mill Road was feasible. He requested that the
area between Moody Road and Buena Vista Drive be kept natural to avoid any confusion
as to the location of Page Mill Road. Enlarging Buena Vista Drive would cause problems.
Peter Duxbury, provided a diagram for consideration indicating how they would backfill
against the back wall so the basement would comply with the Town ordinance. Retaining
walls would not be needed.
Bob Stutz, Pathway Committee, discussed the two proposed pathways indicating the
importance of the link. He was not in favor of the pathway in the beginning, but when two
members of pathway committee had stated they had walked it and the pathway was
feasible, he was then supportive.
CLOSED PUBLIC HEARING
Discussion ensued regarding the proposed skylights, the standard skylight condition
wording (needs to be added to the conditions of approval), the basement, and the right-of-
way dedications. The assistant engineer addressed the right-of-way issue noting the
additional area beyond the 30 foot half street for Page Mill Road and Moody Road will be
attached to Buena Vista Drive and will remain private at this time. No widening is
required at the intersection of Buena Vista Drive and Page Mill Road. Only minor
widening will be required at the driveway intersection of Buena Vista Drive, as shown on
the plans. She clarified that the Town would not accept the Buena Vista Drive dedication
at this time, but would get an irrevocable offer to dedicate which is held until such time
that all properties have dedicated and the road is upgraded to public standards. The
( Planning Director stated he has reviewed the revised basement plan and the proposed
`, backfill brings the project into conformance with the basement policy. The assistant
Planning Commission Minutes Approved 2/11/98
January 28, 1998
Page 3
engineer stated that the proposal would not require retaining walls and would blend into
the natural contours. Commissioner Jinkerson liked the basement solution. He would like
to see the number of exterior lights reduced, particularly on the back (ridge) side.
Commissioner Schreiner was concerned with the skylights although the proposed material
is such that it will be subdued. She would also like to see the number of exterior lights
reduced. Chairman Gottlieb agreed with both Commissioners. She suggested adding to
the standard skylight condition, and requiring the use of material which allows 10% or less
light emission for the skylights over the bedroom as the applicants stated that this was the
material to be used for the skylight (the skylight runs approximately one quarter of the
length of the building). This is a very visible ridgeline house.
MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and
seconded by Commissioner Jinkerson to approve the Site Development Permit for a new
residence with attached garage and a detached one -car garage, Lands of Wilson, with the
following additions/changes to the conditions of approval: add standard skylight condition
with a maximum of 10% light emitting from the bedroom skylight; condition #24, changed
to a native path along Page Mill Road and grant any necessary additional road right-of-
way; change condition #25 to grant a pathway easement over the 40 foot wide Buena Vista
right-of-way; change condition #2 to work with staff to reduce exterior lights; and change
condition #1 to work with staff to modify grading so the basement meets the Town
4 ordinance.
AYES: Chairman Gottlieb, Commissioners Cheng, Jinkerson & Schreiner
NOES: None
This item will appear on the City Council consent calendar February 18, 1998.
3.2 LANDS OF MALEK, 11972 Rhus Ridge Road (254-97-ZP-SD-GD-VAR);
A request for a Site Development Permit for a new residence, and a
Variance to exceed the maximum development area.
This item was introduced by the Planning Director noting two corrections to the staff
report: the garage is a two car garage; and the height of the two story section is 24' 5"
from new grade and 15' 0" from native ground. The assistant engineer clarified the
definition of dry stack walls, and discussed the driveway entry walls.
OPENED PUBLIC HEARING
Safwat Malek, Los Altos, owner and architect, discussed the following: elements of the
design; working around the existing oak trees; working with the neighbors; minimizing the
cut and fill; minimizing tree removal (only two trees to be removed for construction);
clarification of dry stack walls; stepping of the roof with each level; the garage location;
photos of the site from various angles on the site; the use of earthtone colors with terra
Planning Commission Minutes Approved 2/11/98
January 28, 1998
Page 4
cotta roof material; and the impact on the neighbor (Goodman). Chairman Gottlieb felt the
roofline of the garage did not follow the slope. Mr. Malek explained the siting of the
house. He stated no where will you see massing. There are four different pads with four
different rooflines.
Dr. Goodman, 11989 Rhus Ridge Road, discussed the number of trees on the site. He had
suggested to the applicant previously to build a small two bedroom house or cottage. He
felt the 3,535 square foot house was crammed onto the site. This was a misuse of the
property. He supported the project, although he would have preferred a smaller home.
Sandy Humphries, Environmental Design Committee, reiterated the committee's
recommendations.
Elizabeth Spreen, 11970 Rhus Ridge Road, highlighted her letter of January 17, 1998
which included the following: preservation of the existing character of the neighborhood;
size, location, and style of the house; screening; coverage and driveway; setbacks; and
pathways/trails. She has no major objections to the plans.
Dan Dana, 25700 Bassett Lane, was concerned if Mr. Malek sold the lot, perhaps a bigger
house would be built. He voiced support of the project.
CLOSED PUBLIC HEARING
Commissioner Schreiner discussed the proposed development and floor area figures. She
was concerned with the height of the garage area (does not step down), the proximity to the
Goodmans, and the use of all available development area. She was pleased that Mr. Malek
discussed the project with the neighbors. She suggested exchanging the remaining floor
area for part of the development area to reduce the variance. This was agreeable with the
applicant. Commissioner Schreiner requested a darker color roof material. Commissioner
Jinkerson discussed this challenged lot. He would like to see some of the driveway area
reduced to lower the development area totals (i.e. narrower driveway with a grass -cell
border). Also, he felt the house will be intrusive to both neighbors. Commissioner Cheng
stated they have previously granted a variance on this type of lot. This is a low profile
house. She would not agree with reducing the floor area in exchange for development area
to reduce the variance. They do need the driveway for puking. She suggested more
screening between the neighbors. Chairman Gottlieb noted two areas of the driveway over
15% slope but only over a very short distance. The assistant engineer noted that this
design will not require retaining walls. The Fire Department requirement is for an all
weather driveway. It was noted that the development area for the driveway is needed to
save trees. Chairman Gottlieb would like the garage height reduced, and she was
concerned with the limited outdoor area. She suggested a disclosure statement regarding
the development and floor area numbers.
Planning Commission Minutes Approved 2/11/98
January 28, 1998
Page 5
MOTION SECONDED AND PASSED: Motion by Commissioner Jinkerson and
seconded by Commissioner Cheng to approve the Site Development Permit for a new
residence, and a Variance to exceed the maximum development area, Lands of Malek, with
the following additions/changes to the conditions of approval: height of the garage
roofline lowered a minimum of 1'/� feet; add to condition #10, fencing within the
conservation easement shall be limited to open style fencing which allows for the
migration of wildlife; add disclosure statement regarding the maximum development area
at 6,245 square feet and floor area close to maximum; and approval of the Variance
Findings.
AYES: Chairman Gottlieb, Commissioners Cheng, Schreiner & Jinkerson
NOES: None
This item will appear on the City Council consent calendar February 18, 1998.
3.3 LANDS OF JA1N, 28510 Matadero Creek Lane (9-97-ZP-SD-GD); A
request for a Site Development Permit for a new residence.
The Planning Director introduced this item indicating information was provided by the
Matadero Creek Architectural Review Committee. Commissioners Schreiner and Gottlieb
disclosed they had visited the site and spoke to the neighbors on both sides of the proposed
project. Commissioner Schreiner provided some history regarding the Matadero Creek
Subdivision and basically how the numbers were calculated (excluding easements).
Glen Cahoon, 296 Kansas Way, Fremont, project architect, stated that they have worked
very hard to accommodate the neighbors, redesigning different times. He discussed the
siting of the house, moving it back 10 feet from the northerly property line, the natural
back screening (Page Mill Road side), the plan for additional plantings to enhance the
natural setting, roof line four feet above the road, setting into the hillside, the single story
front element, 400 to 500 square feet of outdoor area, and the northerly neighbor's privacy
issues.
Bob Stutz, Pathway Committee, restated the committee recommendations.
Sandy Humphries, reemphasized the Environmental Design Committee recommendations.
Bob Lefkowits, 28515 Matadero Creek Lane, thanked the project architect for working
with their concerns. However, he felt the house was too big for the small lot and low
development area figures. He did not feel the outdoor living area was sufficient. He
suggested moving the first and second floors back which would help their view from the
440 nook area or shrink the length of the house, rotating it, and lowering the roof line
440
Planning Commission Minutes Approved 2/11/98
January 28, 1998
Page 6
Mr. Jain, Los Altos, applicant, discussed the outdoor living area. He noted that if the
second floor did not count, they would have more area available. He did not feel the
Madadero Creek Subdivision rules have been applied consistently. He further addressed
the outdoor living area, stating the property cannot support a pool. He has 475 square feet
of outdoor living area which is all he needs.
Mrs. Jain, Los Altos, applicant, discussed the project preferring it either be approved or
denied tonight as the plans conform with the CC&R's and Town ordinances.
Connie Lefkowits, 28515 Matadero Creek Lane, was concerned with the impact to her
kitchen, nook and patio areas.
Glenn Cahoon stated the house meets all issues raised by the neighbors and the
subdivision numbers. He agreed with the disclosure statement (condition #9) as long as it
can be changed if the City Council determines that the second floor does not count.
Peggy Romer, 10632 Magdalena Avenue, stated the neighbors needed to realize if they
were living next to an empty lot, someone would eventually develop it. She voiced
support of the project.
4/ Rick Ettinger, 28520 Matadero Creek Lane, referred to the Committee's memo dated
January 26, 1998. He stated the project as proposed meets both the Matadero Creek
subdivision numbers as well as the Town numbers. The outdoor area proposed is adequate
and the other concerns mentioned could be considered.
Bill Riffle, 28525 Matadero Creek Lane, encouraged the applicants and neighbors to focus
on the issues, not on the history, and move forward.
CLOSED PUBLIC HEARING
Discussion ensued regarding the design as proposed. Commissioner Jinkerson disclosed
he had spoken to Mrs. Jain approximately four months prior. He felt the Matadero Creek
Architectural Review Committee should review the plans first. The project does meet the
numbers, but he felt it could be nestled, and shifted for privacy concerns (Lelkowits), and
he would like to modify condition #1 to reserve some development area by reducing the
house size (600-1000 square feet). Commissioner Cheng had visited the site, voicing
support for the project. She felt it fit in well, and the side setback has been increased from
30 feet to 40 feet to accommodate the neighbor. She did not feel there was a problem with
the design or the amount of development area. Commissioner Schreiner was concerned
with the house not stepping on a 22% slope. A simple solution which would address the
guidelines and the neighbors would be by nestling the house across the entire back side
(four to five feet) which would also reduce the development area figures. Chairman
Planning Commission Minutes Approved 2/11/98
January 28, 1998
Page 7
Gottlieb would like to see the back of the house articulated more by nesting which would
break up the mass and address the neighbor's privacy issues.
Mr. Cahoon would prefer approval as designed. Mrs. Jain stated nothing has been
acceptable to the neighbors. This design is within the CC&R's. She does not want to
change anything.
MOTION SECONDED AND PASSED: Motion by Chairman Gottlieb and seconded by
Commissioner Schreiner to approve the Site Development Permit for a new residence,
Lands of Jain, with the following additions/changes to the conditions of approval: the main
floor shall be set back a minimum of five feet from the lower level wall plane.
AYES: Chairman Gottlieb, Commissioners Jinkerson & Schreiner
NOES: Commissioner Cheng
This item will appear on the City Council consent calendar February 4, 1998
Brief break at 11:15 p.m.
3.4 LANDS OF CONGREGATION BETH AM, 26790 Arastradero Road
(189-97-ZP-SD-CUP-ND); Proposed Conditional Use Permit and Site
Development Permit for the construction of a 7,050 square foot multi-
purpose building, additions of 4,225 square feet of classroom and
administrative buildings, and 142 new parking spaces, to an existing
religious facility; and Proposed Negative Declaration.
CONSENSUS: To take public input only, continuing this item to the February 11'
meeting.
The Planning Director introduced this item noting the receipt of three letters: (1)
Congregation Beth Am addressing the limitation on the size of the Congregation, the rules
of operation, the hours of use for site activities, no outdoor sound amplification allowed,
and noise levels; (2) Heinz Erzberger suggesting nine recommendations for consideration;
and (3) a letter of support from the Janklow family. The Planning Director had provided
the Commission with conditions of approval for Fremont Hills Country Club, St. Nicholas
School, and Chapel of the Hills. It was not known if the Commission could legally limit
membership.
OPENED PUBLIC HEARING
Planning Commission Minutes Approved 2/11/98
January 28, 1998
Page 8
Richard Block, Rabbi, Congregation Beth Am, expressed a desire to proceed with the
project which will provide them with additional classrooms, a gathering space for
meetings, and additional office space. He discussed the 40 year history of the site, and not
wanting to accept a limitation on membership or a requirement that they seek permission to
expand membership which has been addressed in his letter of January 27, 1998. The social
hall is a gathering place used mainly for education. The expansion will spread the
activities over the area and should not impact neighbors.
Rob Steinberg, project architect, discussed the three components: multipurpose building,
classrooms and administrative building, and new parking spaces with the reorganization of
parking circulation. He further discussed the following: additional screening; the use of
the same roof line; design elements; a modest proposal for the maximum numbers allowed;
maximum required puking per Fire Code; and not imposing from Arastradero Road.
Commissioner Schreiner asked what was the total capacity of the classrooms and the
multipurpose building. The number was not known.
Ric Rudman, Facilities Committee Chairman, Congregation Beth Am, discussed their
obligations to neighbors, keeping them informed and addressing their concerns. They
would prefer this project not modeled after the Jewish Community Center, but modeled
after a church as it is a house of worship. He asked for support as there is a time urgency
with the start of construction.
Katie Buzbee, 27201 Fremont Road, voiced concern regarding drainage improvements
adjacent to Beth Am.
Heinz Erzberger, 13457 Thendara Lane, reiterated concerns addressed in his letter of
January 28, 1998 noting the following recommended suggestions: (1) issue a use permit
requiring periodic review along the lines developed by the City of Palo Alto for the
operation of the Jewish Community Center on Armtradero Road. The use permit should
enumerate permitted activities, hours of operation, noise levels, etc. and an enforcement
mechanism. (2) Establish a time table for splitting the congregation to achieve the
membership levels promised by the congregation during the original variance hearings. (3)
Prior to construction, build a durable wooden sound/privacy wall 6 'h feet in height along
the Thendara/Beth Am boundary. (4) Minimize intensity of lighting in all area and shut off
lighting in the new parking lot by 11:00 p.m. (5) Set a monthly limit on the number of
social hall events involving catering of meals, food preparation in the kitchens, alcoholic
beverage service and amplified music performances (11:00 p.m. limit). Limit the hours of
operation from 9:00 a.m. to 10:30 p.m. (6) Restrict use of social halls to life cycle events
of congregants only. (7) Schedule no more than one social hall event per day. (8) Develop
a definite control procedure for selectively limiting traffic along the perimeter road by
restricting access to specific classes of drivers (i.e. staff, rabbi, handicapped). (9) Add a
`, driveway connecting the east and west segments of the perimeter road, along the south side
Planning Commission Minutes Approved 2/11/98
January 28, 1998
Page 9
of the new classroom buildings, in order to reduce perimeter road traffic and parking lot
circulation traffic. He stated the summer months are the noisiest as the doors are open due
to the heat. He suggested installing air conditioners so doors remain shut to reduce noise
levels.
Rabbi Block discussed activity usage and rules on weekend activities. The problem
appears to be with amplified noise. A reasonable number of events is unknown. It would
be hard to limit catered services.
Chairman Gottlieb noted a condition placed on the Fremont Hills Country Club Use Permit
so alcohol would not be served later than one hour prior to the end of an event.
CLOSED PUBLIC HEARING
MOTION SECONDED AND PASSED: Motion by Commissioner Jinkerson and
seconded by Commissioner Cheng to continue the proposed Conditional Use Permit and
Site Development Permit for the construction of a 7,050 square foot multipurpose building,
additions of 4,225 square feet of classroom and administrative buildings, and 142 new
parking spaces, to an existing religious facility; and proposed Negative Declaration, Lands
of Congregation Beth Am, to the February 11' meeting. Additional information shall be
F provided regarding the following: maximum capacity, drainage, City Attorney opinion
�y regarding restricting synagogue membership (maximum numbers); hours of operation, and
calendar of events.
AYES: Chairman Gottlieb, Commissioners Cheng, Jinkerson & Schreiner
NOES: None
4. OLD BUSINESS
4.1 Report from subcommittees -none
5.1 Joint Work Session with City Council: Tuesday, February 10, 1998, at 6:00
p.m. Commissioner Cheng will not be able to attend.
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Planning Commission Minutes Approved 2/11/98
January 28, 1998
Page 10
6. REPORT FROM THE CITY COUNCIL MEETING
6.1 Planning Commission Representative for January 21, 1998, Commissioner
Schreiner, reported on the following items: approval of agreement for professional
planning services to prepare update to the Town's General Plan; acceptance of Subdivision
Improvements, Lands of WytheNitu; response to letter from Mr. and Mrs. Conrad, Becky
Lane, concerning sewer issues; discussion of providing assistance to residents in accessing
tapes of meetings; and request for a two -lot subdivision and proposed negative declaration,
Lands of Zatparvar.
6.2 Planning Commission Representative for February 4, 1998- Cheng
7. APPROVAL OF MINUTES
7.1 Approval of the January 14, 1998 minutes
PASSED BY CONSENSUS: To approve the January 14' minutes, with minor corrections
as noted by the Planning Director.
8. REPORT FROM THE SITE DEVELOPMENT HEARINGS- JANUARY 27. 1998
8.1 LANDS OF GOLDSOBEL, 14415 Miranda Court; A request for a Site
Development Permit for a landscape plan. Approved with conditions.
8.2 LANDS OF ESTES, 12153 Padre Court; A request for a Site
Development Permit for a minor addition, and Variance to exceed
maximum floor area. Approved with conditions.
ADJOURNMENT
The meeting was adjourned by consensus at 1:30 a.m.
Respectfully submitted,
-
Lam
Lonberger
Planning Secretary