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HomeMy WebLinkAbout05/13/19984W Minutes of a Regular Meeting Approved 5/27/98 Town of Los Altos Hills PLANNING COMMISSION Wednesday, May 13, 1998, 7:00 p.m. Council Chambers, 26379 Fremont Road cc: Cassettes ( 3 ) #9-98 1. 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 Gottlieb, Commissioners Schreiner, Aurelio, Cheng & Jinkerson Staff: Curtis Williams, Planning Director; Sheryl Proft, Assistant Engineer; Suzanne Davis, Planner; Lam Smith, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR -None 3. PUBLIC HEARINGS 3.1 LANDS OF WONG, 14470 De Bell Road (268-97-ZP-SD-GD); A request for a Site Development Permit for a new 4,363 square foot residence with an attached 651 square foot three -car garage (continued from April 22, 1998). An existing pool and cabana will remain on the site. Staff had nothing further to add. The Commission took a moment to compare the previous plans with the revised plans. Tom Sloan, 255 N. Market Street, San Jose, project architect, summarized the changes to the plans which included the following: lowered main ridge by 2 feet; lowered the ends of the house; a change to the front entry tower elements, eliminating one tower; lowered the foundation wall to 4 feet maximum; and eliminating the terrace element/small balcony. He questioned condition #20 regarding the encroachment permit prior to acceptance of plans for building plan check. The assistant engineer clarified that no plans are needed, just fees for the encroachment permit shall be paid prior to acceptance of plans for plan check. Mr. Sloan also clarified that the pool house will only be remodeled. CLOSED PUBLIC HEARING Planning Commission Minutes Approved 5/27/98 May 13, 1998 Page 2 The Commissioners thanked the applicant and their architect for working with staff to achieve the positive changes. MOTION SECONDED AND PASSED: Motion by Commissioner Jinkerson and seconded by Commissioner Schreiner to approve the Site Development Permit for a new residence, Lands of Wong, with the recommended conditions of approval. AYES: Chairman Gottlieb, Commissioners Aurelio, Cheng, Schreiner & Jinkerson, NOES: None This item will appear on the City Council consent calendar June 3, 1998. 3.2 LANDS OF DORRIAN, 13113 Byrd Lane (4-98-ZP-SD-VAR); A request for a Site Development Permit for a shed, and a Variance to encroach into the side yard setback. Ms. Davis introduced this item noting a letter from a neighbor, Mr. Papps, who initially voiced concern with the variance, and later voiced support of the project after further review. OPENED PUBLIC HEARING David Fox, 144 Massol Avenue, Los Gatos, project landscape architect, discussed the shed noting it is proposed to encroach about 15 feet into the 30 foot side setback, and approximately 45 feet from the actual side property line as the side setback is measured from the edge of a 28 foot wide access easement rather than the property line. He felt the proposed location was an appropriate place for the shed, as it would not be very visible to neighbors, and there we no other good locations on the site due to its narrowness and the existence of other features, such as the tennis court and pool on the site. Jim Doman, 13113 Byrd Lane, applicant, was available for questions. Michael Schoendorf, 13145 Byrd Lane, neighbor, was concerned with the private driveway easement issue. Ms. Davis noted that the permit for the driveway and bridge is still outstanding and the two present applications are not directly related (per City Attorney). The easement issue is a private matter between the two neighbors and the Town is not involved. CLOSED PUBLIC HEARING Commissioner Schreiner stated the shed was in a better location than previously proposed. However, setbacks from access easements occur on other lots in Town, and there are other areas where the shed could be placed although not as desirable. She was reluctant to approve another encroachment even though it was small on the two acre site. Commissioner Cheng does not usually agree with variance requests, but the shed blends in very well (not highly visible). Planning Commission Minutes Approved 5/27/98 May 13, 1998 Page 3 4 Commissioner Aurelio agreed with Commissioner Cheng regarding variances although he asked why the shed could not go behind the garage. Mr. Fox, the landscape architect, responded due to the slope behind the garage down to the pool area begins right at the foundation. Commissioner Jinkerson stated variances are not necessarily bad things. The previous location was not good. Even though this is a large lot, he was not sure where to tell the applicant to put it. He felt the present location was the logical place, given its purpose and use. The shed is 45 feet from the property line and there will be no impact to neighbors with more screening to further hide it. Chairman Gottlieb stated she would not have a problem with the location of the shed if it was within proper setbacks. She did not feel this was a constrained lot, and they have made other people conform to setbacks from easements on more constrained lots although she did not feel the shed was obtrusive. Commissioner Aurelio would like to make sure the shed is never expanded for another use. A disclosure statement was suggested. Further discussion ensued regarding a disclosure statement to prevent a change in the use of the shed and additional screening of the shed. MOTION SECONDED AND PASSED: Motion by Commissioner Jinkerson and seconded by Commissioner Cheng to approve the Variance and Findings to allow a storage shed to be located within a side yard setback, Lands of Dorrian, adding conditions of approval: (1) the shed shall be used exclusively for storage purposes and the use may not be changed as long as the structure remains within the setback, unless otherwise approved by the Planning Commission. A disclosure statement will be prepared by the Planning Department and shall be signed and notarized by the property owners prior to final inspection; and (2) landscaping shall be added on the two exposed sides of the shed to provide mitigation screening of the structure. Staff shall approve the planting plan prior to installation of the new landscaping, and the planting shall be completed prior to final inspection. Add to Findings for Variance, #3, that additional screening will further mitigate impact. AYES: Commissioners Cheng, Aurelio & Jinkerson NOES: Chairman Gottlieb and Commissioner Schreiner This approval is subject to a 10 day appeal period. 3.3 LANDS OF DORRIAN, 13113 Byrd Lane (50-98-ZP-SD); A request for a Site Development Permit for a 410 square foot addition on the first floor, and a 500 square foot addition on the second floor with no increase in height. Staff had nothing further to add. Chairman Gottlieb referred to only one tree currently in the front area suggesting two additional trees. OPENED PUBLIC HEARING Planning Commission Minutes Approved 5/27/98 May 13, 1998 Page 4 Bob Flury, 20 S. Santa Cruz Avenue, Los Gatos, project designer, questioned condition #9 and the request for a topographic survey prior to acceptance of plans for building plan check. He felt the request was extreme and not needed given the size of the proposed project. The Planning Director explained the request was due to the number of projects on the site over a number of years and the lack of a current topographic survey, stamped and signed by an engineer. This project was before the Planning Commission due to the accumulative prior projects. He felt the wording could be changed allowing the submittal of the topographic survey prior to issuance of building permits. Regarding the suggestion for additional trees in the front area, Mr. Flury did not feel the request should be tied to this project. Michael Schoendorf, 13145 Byrd Lane, expressed concern regarding issues not related to this application (above ground power line, access easement/former driveway). He suggested careful review at each stage of the project due to past inconsistencies. He was also concerned with construction workers puking on the pathway which should be avoided. He asked the Commission to require the applicant to restore the former driveway as a condition of approval. The Planning Director stated the electric line issue has been resolved; it will be going underground. Chairman Gottlieb informed Mr. Schoendorf that the City Attorney has advised the Commission that they cannot tie the easement issue to this application. Steve Schmidt, 13061 Byrd Lane, stated Mr. Doman has done much to screen the projects. He liked the design and supported the project. Jim Dorrian, 13113 Byrd Lane, applicant, thanked the Commission on their difficult variance decision. The site is two acres with 60% easements and setbacks. He further complimented the staff for all their efforts and professionalism. CLOSED PUBLIC HEARING The Planning Director stated they could possibly add to condition #14 regarding construction parking although there should not be a problem with parking for construction workers. The Commissioner felt the additions were tasteful and modest. Chairman Gottlieb would like to see more trees in the front of the house. MOTION SECONDED, AMENDED AND PASSED: Motion by Commissioner Schreiner, seconded by Commissioner Jinkerson, and amended to approve the Site Development Permit for additions to the first and second floors of an existing residence, Lands of Dorian, with the following addition/change to conditions of approval: 49, change to "prior to issuance of building permit' rather than "prior to acceptance of plans for building plan check." AYES: Chairman Gottlieb, Commissioners Cheng, Aurelio, Jinkerson & Schreiner NOES: None Planning Commission Minutes Approved 5/27/98 May 13, 1998 Page 5 This item will appear on the City Council consent calendar June 3, 1998. 3.4 LANDS OF KWONG, 14470 Manuella Avenue (25-98-ZP-SD-GD-VAR); A request for a Site Development Permit for a swimming pool and a major addition and remodel, adding 300 square feet to the first floor and 1,114 square feet to the second floor. The Planning Director introduced this item by clarifying some concerns regarding a three story facade section, materials for the center portion of the roof, the location of the additional parking space, and perhaps moving the space closer by reducing the size of the house. Commissioner Schreiner asked for clarification regarding the anchor easements, and whether utility lines will be underground. The assistant engineer responded the easement for guy wires on utility poles and new utility service will be underground. OPENED PUBLIC HEARING Steve Yang, 1150 North First Street, San Jose, project architect, discussed the two story project with no three story facades which will blend into the woods. He did not feel the project would be visible to neighbors. Originally, he did not know he needed a fourth parking space so he tried to squeeze it between the tree trunk and the house. He would prefer this requirement be deleted. He further discussed the area which appears to have a three story facade. Rebecca Coleman, 14440 Manuella Road, adjacent neighbor, voiced full support of the application. Sylvia Asendorf, 14510 Manuella Road, questioned the pool and fencing which was answered the Ms. Davis. CLOSED PUBLIC HEARING Commissioner Cheng stated the property was well screened and all the neighbors support the project. Commissioner Jinkerson noted that the maximum development and floor area figures are maxed out, although the project is in compliance. He felt the existing and proposed design did not flow together, creating a bulky effect to the second story. He recommended the chimney height be the minimum height to meet UBC standards, and that four proposed lights were not acceptable (lighting needs substantial modification). Commissioner Schreiner agreed with the previous statements. She would prefer to see the second story design changed as there is at least a five foot height difference from the lower to the higher roof. Commissioner Aurelio was initially concerned, but given the particulars of the site, voiced support. Chairman Gottlieb indicated there was a three story appearance which is not quite compatible with the existing second floor. She also voiced concern regarding the fourth parking space. 4W Planning Commission Minutes May 13, 1998 Page 6 kwo RE-OPENED PUBLIC HEARING Approved 5/27/98 Steve Yang, project architect, explained the design relative to the existing house and footprint. He felt they could possibly lower the 12 foot plate height to drop the right side of the house. He was concerned with head room going to the lower level. Discussion ensued regarding the use of materials other than asphalt for the fourth parking space, and the section of roof which is three feet higher than the other section. The Planning Director suggested trying to balance the left and right sides. It was suggested to have the applicant work with staff regarding balancing the right and left sides, and with providing a fourth parking space with the least impact on the oak tree with recommendations from an arborist. CLOSED PUBLIC HEARING MOTION SECONDED, AMENDED AND PASSED: Motion by Commissioner Jinkerson and seconded by Commissioner Schreiner to approve the Site Development Permit for a major addition, remodel and swimming pool, Lands of Kwong, with the following changes and/or additions to the conditions of approval: add to condition #1, the applicant shall work with staff to: (1) lower the overall height at the right end of the house by two feet; and (2) provide a fourth parking space that has the least impact on the oak tree as possible. A certified arborist shall evaluate the tree and make recommendations on appropriate materials for the parking space since it will be within the dripline of the tree. In the event that a two foot height reduction cannot be achieved, the application shall be returned to the Planning Commission for a determination on this issue; and chimneys shall be minimum height per UBC. AYES: Chairman Gottlieb, Commissioners Aurelio, Cheng, Jinkerson & Schreiner NOES: None This item will appear on the City Council consent calendar June 3, 1998. Brief break at 8:45 p.m. 3.5 LANDS OF EWALD, 26131 Altadena Drive (46-98-ZP-SD); A request for a Site Development Permit for 2,145 square foot one-story addition, and a 825 square foot garage with a maximum height of 16 'h feet. Staff had nothing further to add. Commissioner Jinkerson asked how much room was left between the house and the left side of the property line. Ms. Davis responded approximately 13 '/s feet. Presently, the garage encroaches into the side setback by 10 feet. OPENED PUBLIC HEARING Walter Chapman, 620 S. El Monte Avenue, Los Altos, project architect, stated they are staying with a single story ranch design trying to keep the original footprint of the existing structure, Planning Commission Minutes Approved 5/27/98 May 13, 1998 Page 7 adding on a new wing. Most of the work on the right had wing of the house is interior work including the conversion of the existing garage into a habitable space. They have spoken to the neighbor who is not concerned with the conversion of the garage to a game room. They have reviewed the conditions of approve, questioning the landscaping requirements. Plantings will be placed to screen the one corner of the garage area, however, due to an underground spring in south west corner, he did not feel oak trees would do well due to the amount of water present. Also, they are removing the western hip on the right side since it is not compatible with the rest of the design which will actually lower the rooffine. Dan Clevenger, 14400 Kingsley Way, liked the design and the placement of the additions which will not impact his or other neighbors properties. Sandy Humphries, Environmental Design Committee, was unaware of the underground spring but she would still promote native plantings on the site, not just drought tolerant plantings. CLOSED PUBLIC HEARING Commissioner Schreiner liked the design and the layout asking if there were any way to insure that the 13 feet will remain. The Planning Director indicated no. Mr. Chapman stated the applicants have no plans to widen the home. Commissioner Jinkerson liked the design of the t house. He was not troubled with the garage within the setback given the 13 feet remaining on [`/ the left side of the house. He felt a game room was a less intensive use than the existing garage. Commissioner Cheng voiced support in converting the existing structure. She did not feel that because the structure is presently 10 feet into the setback on one side there should be an increase in setback on the other side. Commissioner Aurelio felt the one-story design fit into the neighborhood. He would have preferred the elimination of the non -conformity, asking the architect what considerations were made to eliminate the non-conformance. RE -OPENED PUBLIC HEARING Mr. Chapman responded they were trying to salvage as much of the existing structure and minimize change to the property. Dieter Ewald, 26131 Altadena Drive, applicant, commented on the proposed design being the most desirable. To eliminate the 10 foot encroachment would require substantial changes. Chairman Gottlieb asked if a variance to encroach into the side setback was ever granted when the house was constructed. Nancy Ewald, 26131 Altadena Drive, applicant, noted the lack of microfiche on file for this 48 year old home. RE -CLOSED PUBLIC HEARING Planning Commission Minutes Approved 5/27/98 May 13, 1998 Page 8 4 Chairman Gottlieb had no problem with the existing encroachment as long as they are not tearing down the house. She was very pleased with the design. MOTION SECONDED, AMENDED AND PASSED: Motion by Commissioner Cheng and seconded by Commissioner Jinkerson to approve the Site Development Permit for one-story additions and remodel of an existing residence, Lands of Ewald, with the recommended conditions of approval. AYES: Chairman Gottlieb, Commissioners Schreiner, Aurelio, Ankerson & Cheng NOES: None This item will appear on the city Council consent calendar June 3, 1998. 3.6 LANDS OF GOLUKHOV, 11195 Hooper Lane (72-97-ZP-SD-GD-VAR); A request for a Site Development Permit for a second story addition of 1,143 square feet above the garage, and a Variance to encroach into the front yard setback. The Planning Director introduced this item providing some background regarding the design process and changes made to the placement of the house and the elimination of a tower element. He also discussed a recommendation by the Pathway Committee for a pathway connection down to the existing off-road path. However, it is not on the Master Pathway Plan. Unless the applicant is willing to dedicate the easement, he did not believe the Town could require it. It was not known when the property was annexed to the town. He further clarified that the summer house which is actually a BBQ and a deck is approximately 500 square feet. David Blum, Blum Construction, 1174 Fisher Avenue, Morgan Hill, project consultant and general contractor, discussed the purchase of the property with an existing house noting the layout and view. However, the house size was not adequate for the applicant. The house was originally built in 1953 under the old County codes with a 25 foot front setback. He discussed the restrictive site and the conservation easement which appears to be over half of the property. He further discussed neighbor support, connecting to sewer, the views, the unique property built under old codes, the existing private 60 foot width street with a 40 foot radius (larger than usual cul-de-sac), and only four houses on Hooper Lane. He felt due to the nature of the property, asking for a variance was appropriate for this site. He was willing to work with the Commission and staff. Les Earnest, Pathway Committee, hoped the applicants would consider granting an easement although, as stated, it is not on the Master Pathway Plan. He felt it would make a good connection for the neighborhood to the Fernhill Drive path. Barbara Luther, 23920 Jabil Lane, neighbor above the project, voiced support of the project CLOSED PUBLIC HEARING kir Planning Commission Minutes Approved 5/27/98 May 13, 1998 Page 9 Commissioner Aurelio voiced concern with building a large structure within the setback. He would have great difficulty approving the project as submitted. Commissioner Cheng agreed, although she did not know where they could add to the property. Commissioner Schreiner also agreed. She suggested doing something on the first floor, going out the back in the concrete patio area which would also save some of the trees. Or perhaps a combination of going out toward the center and to the left. She was not sure he could go out from the garage although that may be another option. She had difficulty approving an increase with a drastic non -conforming situation already. Commissioner Jinkerson was also concerned with increasing the non- conformity. He was struck how close this house is to the road realizing that this is toward the end of a cul-de-sac. However, if they were to approve the increase of non -conformity on this property, how could say to any other applicant that they could not do the same. Even with the steep slope in the back, he felt there were places to build on behind the existing house. There is too much non -conforming structure on the second floor so close to the roadway. Chairman Gottlieb agreed. She understands they are looking for a view. However, this design adds too much to the non -conformity. Commissioner Schreiner asked if they considered going out the back or the side, following the contours. RE -OPENED PUBLIC HEARING David Blum responded they did consider this but it cuts off the view from the existing rooms. 460 They would like to explore the option of redesigning on the second floor outside of the setback area, and possibility going over the back patio area with some cantilever, keeping something with less than the 27 foot height restriction. He asked if the ultra -modern design would be a problem with the Commission. The response was no. Commissioner Jinkerson stated the Town was made up of various designs. They were entitled to have a contemporary design, if desired. What is important is the siting into the natural surroundings. Commissioner Schreiner does not want them to create a stark vertical two-story element. If they have to do a two-story, somehow set it back, nesting it in , breaking it up. She would also like them to look at going out in either an "L" or "U shape, keeping the middle portion for views. Commissioner Aurelio made suggestions to pull the entire garage back which will break up the front, set back the vertical element, and nesting. Also, to follow the Design Guidelines. Commissioner Schreiner suggested the applicant meet with Les Earnest to discuss the pathway request. Albert Golukhov, applicant, emphasized the uniqueness of the property, well hidden from most neighbors. He understands the issues regarding setbacks, however, its on a private road. He could possibly move back 5 to 10 feet to break up the massing and lessen the area in the setback. However, the project may still require a small variance for a few feet. Planning Commission Minutes Approved 5/27/98 May 13, 1998 Page 10 4W Commissioner Jinkerson suggested to try to build outside of the 40 foot setback and if it cannot be accomplished, return to the Commission to explain why. Variance findings were further discussed. CLOSED PUBLIC HEARING MOTION SECONDED, AMENDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Jinkerson to continue the applicant for a Site Development Permit for addition of 1,143 square feet above the garage, and a Variance to encroach into the front yard setback, Lands of Golukhov, working with staff to redesign per directions given by the Commission, following the Design Guidelines. AYES: Chairman Gottlieb, Commissioners Cheng, Aurelio, Jinkerson & Schreiner NOES: None 4. OLD BUSINESS 4.1 Report from subcommittees. The General Plan Committee met May 12" to discuss the Circulation Element. Betsy Bertram, Pathway Committee discussed supporting pathways, asking that new applicants be provided with more information regarding pathways (description, material, location). 5. NEW BUSINESS None 6. REPORT FROM THE CITY COUNCIL MEETING 6.1 Planning Commission Representative for May 6' . Commissioner Schreiner reported on the following items: amending the Town's employee benefit listing for fiscal year 1998-99; recommendation to enter into an agreement with Zaker Road Resource Management, LTD for disposal of yard waste; selection of date for Planning Commission interviews (6/17/98); Santa Clara County zoning study; operational review of the Building Department by the International Conference of Building Officials; and a circulation of a pathway petition in support of the pathway system. 6.2 Planning Commission Representative for May 20" - Gottlieb Planning Commission Minutes Approved 5/27/98 May 13, 1998 Page 11 7. APPROVAL OF MINUTES 7.1 Approval of the April 22, 1998 minutes PASSED BY CONSENSUS: To approve the April 22 minutes. 8. REPORT FROM THE SITE DEVELOPMENT HEARING MAY 5 AND 12 1998 8.1 LANDS OF CHAPPELEAR, 27878 Via Feliz (229-97-ZP-SD); A request for a Site Development Permit for a pool, spa, decking, and a driveway modification. Approved with conditions May 5, 1998. 8.2 LANDS OF JOHNSON, 25981 Vinedo Lane (38-98-ZP-SD); A request for a Site Development Permit for additions totaling 641 square feet and remodel of an existing residence. The existing height of 23 feet will be maintained. Approved with conditions May 5, 1998. 8.3 LANDS OF MOORING, 13791 La Paloma Road (64-98-ZP-SD); A request for a Site Development Permit for a swimming pool and spa. (, Approved with conditions May 12, 1998. 9. ADJOURNMENT The meeting was adjourned by consensus at 10:45 p.m. R/eessp"eccttfully submitted, Lan' i S( Planning Secretary