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HomeMy WebLinkAbout07/22/19984 Minutes of a Regular Meeting Approved 8/12/98 Town of Los Altos Hills PLANNING COMMISSION Wednesday, July 22, 1998, 6:30 p.m. Council Chambers, 26379 Fremont Road cc: Cassettes (4) #14-98 1. ROLL CALL AND PLEDGE OF ALLEGIANCE The Planning Commission meeting was called to order at 6:35 p.m. in the Council Chambers at Town Hall. Present: Commissioners Gottlieb, Schreiner & Jinkerson Absent: Chairman Cheng & Commissioner Aurelio Staff: Curtis Williams, Planning Director; Sheryl Proft, Assistant Engineer; Suzanne Davis, Planner; Lani Smith, Planning Secretary 4 Vice -Chair Jinkerson will preside over the meeting in the absence of Chairman Cheng. 2. PRESENTATIONS FROM THE FLOOR Sandy Humphries, 26238 Fremont Road, questioned the inability of the Planning Commission representative to speak at the City Council meetings. It was noted that the direction from the City Council has been for the Planning Commission representative to be available for questions only. 3. PUBLIC HEARINGS 6:30 P.M. 3.1 LANDS OF KORMAN, 26157 Altadena Drive (76-98-ZP-SD-GD-VAR- LLA); A request for a Site Development Permit for a 5,872 square foot new residence, and a 528 square foot attached garage; a Variance to allow existing structures to encroach into the side setback; and a lot line adjustment (continued from July 8, 1998). The Planning Director introduced this item, providing background and referring to the letter from Dr. Jeffrey and Mr. Glazebrook. He noted that all requested changes are shown on the site plan with the exception of the reduced skylight area. OPENED PUBLIC HEARING Planning Commission Minutes Approved 8/12/98 July 22, 1998 Page 2 Stan Field, 3631 Evergreen, Palo Alto, project architect, commented on the changes made to the project as requested at the previous meeting. The items addressed included the following: height of the portico and chimney; the skylight; the stone wall; condition regarding sale or subdivision of Parcel A; the pathway along Kingsley Way; and the abandonment of Lowell Lane. Also noted were the distances between the applicants and their three closest neighbors. They were surprised with the last minute letter from Dr. Jeffrey and Mr. Glazebrook requesting the applicants to build on the other parcel. Commissioner Jinkerson was concerned with what would happen to the wall (architectural feature) if and when Parcel A was ever sold. Regarding the gallery skylight, he asked what type of lighting is being proposed. Mr. Field replied low lighting. Bob Glazebrook, 26623 Snell Lane, reiterated items as stated in his letter as he did not feel the proposed changes will make any significant difference. Steve Combs, 26640 Snell Court, voiced support of the project. Paul Newhagen, 14412 Kingsley Way, asked for clarification regarding the proposed height and the skylights. Josh Korman, 26157 Altadena Drive, plans to provide the needed screening for his family 4 and the neighbors. He is trying to be neighborly. Sandy Humphries, Environmental Design Committee, discussed native planting, not recommending redwoods. She would like to see the use of lower native planting and the use of shrubbery. If they use palm trees, she suggested the use of a native variety. Mrs. Jeffrey, 26590 Snell Lane, felt the applicants have a right to build on the site but she did not like the proximity of the proposed structure to their back yard. She requested the house be moved back. She further discussed the amount of pavement and the lights coming off of the driveway shinning onto their property. They are planning a new residence and this design will impact their design. Mrs. Korman, 26157 Altadena Drive, addressed the Jeffrey future house plans (Cape Cod style), stating they are trying to be environmental and neighborly friendly. This is a low profile house, primarily one story. CLOSED PUBLIC HEARING v Planning Commission Minutes Approved 8/12/98 July 22, 1998 Page 3 1W Commissioner Gottlieb commented on the unusual (partial two story) house which blends well. She was concerned with the entry of the garage. Changing the entry may help, She noted the applicant is allowed the wall which crosses the property line. She asked if a gate would be useful. She asked that any proposed landscaping break up the view of the house, not hide it. She requested only two lights on the garage and minimum lights on the Jeffrey side of the property. Commissioner Schreiner felt the house has been shifted as much as it can be. The applicants have worked to mitigate the architectural features. She suggested perhaps to break up the wall, if possible. She was concerned with the garage location and the amount of pavement and with the skylights. She felt they should be treated as a part of the roof and should be required to have a light reflectivity value of 40 or less. She also felt the domes were prominent and should be reduced in height. Commissioner Jinkerson discussed the wall crossing the property line and the height of the porte cochere asking why it had to be 13 feet in height (per fire department requirements). He noted a small portion of the patio is located within the setback which can be corrected with a small rotation. Also, the pavement could be reduced with a small rotation of the garage toward Esther Clark Park and by making the center area bigger or oval shape. Mr. Field responded that they have stretched the envelope as far as they can. They can reduce the patio so it is not within the setback. He suggested the use of grasscmte or gravel to reduce the pavement. He felt the porto cochere design would be beautiful from the park. He did not feel the domes were offensive. MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Gottlieb to approve the Site Development Permit for a new residence, Variance to allow the existing structures to encroach into the side setback, and a request for a lot line adjustment, Lands of Korman, with the following additions/changes to the conditions of approval: indicate that the turnaround near the garage will be of a semi- permeable material; reduce the heights of all "domes" to three feet or less; minimize the height of the chimney in the family room/kitchen vicinity; mitigate the impact of vehicle lights in the driveway on properties on Snell Court; landscaping shall avoid species which might invade the surrounding natural area; minimal lighting shall be permitted on the garage and on the west elevation; add to #22, to include the satisfaction of the Pathways Committee also; and the skylights shall be treated as roofing material (40% reflectivity). AYES: Vice -Chair Jinkerson, Conunissioners Schreiner & Gottlieb NOES: None ABSENT: Chairman Cheng & Commissioner Aurelio Vice -Chair Jinkerson changed his original "NO" vote in fairness to the applicants (2-1 vote) so the project could move forward although he still felt very strongly regarding his original position. Planning Commission Minutes July 22, 1998 Page 4 4 This approval is subject to a 21 day appeal period. Approved 8/12/98 3.2 LANDS OF DANAHER, 13700 Wildflower Lane (111-98-ZP-SD-0D); A request for a Site Development Permit for a new 4,238 square foot residence with an attached 764 square foot garage and a maximum height of 26 feet (replacing a fire damaged residence). Staff indicated a correction to the staff report regarding the site data table. Commissioner Jinkerson disclosed he was acquainted with the applicant. OPENED PUBLIC HEARING Doug Thompson, 435 Brannan Street, San Francisco, project architect, discussed replacing the fire damaged home with the proposed design highlighting the following design elements: tucked lower level into the hill; roof follows the slope of the hill; mass reduced by breaking up into three sections; footprint smaller then existing home; the use of varied materials to break up the mass; and the roof overhang. When investigating metal roofing materials, he found a coating with a very low reflectivity (10%). Diane Barrager, Pathways Committee, requested an easement but no improvements at this time as the path may be able to go on the opposite side of the road. The applicant agreed with the request. Bill Stark, 13431 Wildcrest Lane, voiced support of the project. CLOSED PUBLIC HEARING Commissioner Schreiner complimented the applicants on their choice of colors. She was concerned with the siting on a slope lot as the house should step down. Otherwise, it was an attractive design. Commissioner Gottlieb agreed. Commissioner Jinkerson suggested pulling the first floor out and dropping it down and/or change the middle section mass. Mr. Thompson stated they had studied this issue. The change would increase the footprint and create dead space on the lower level. Commissioner Schreiner asked if they could pull the second story back. Commissioner Gottlieb suggested dropping the far roof (middle section) 1 to 2 feet to give an appearance of stepping down. Mr. Thompson felt there were many ways to drop the appearance (increase the overhang and lower it some). n Planning Commission Minutes Approved 8/12/98 July 22, 1998 Page 5 440 MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Gottlieb to approve the Site Development Permit for a new residence to replace a fire damaged residence, Lands of Danaher, with the following additions/changes to the conditions of approval: the applicant work with staff to lower the overall height of the residence over the main living area (middle portion of the house) through lowering the height and/or increasing the eaves by two feet to provide the appearance of stepping down the slope. AYES: Vice -Chair Jinkerson, Commissioners Schreiner & Gottlieb NOES: None ABSENT: Chairman Cheng & Commissioner Aurelio This approval is subject to a 21 day appeal period. 3.3 LANDS OF MURTHY & SRINATH, 12010 Elsie Way (29-98-ZP-SD- GD); A request for a Site Development Permit for a new 5,893 square foot, 26 foot high (partial two story) residence, pool, and cabana. The Planning Director introduced this item by noting he had located the subdivision conditions of approval. Commissioner Gottlieb questioned the drainage and how it would be handled. OPENED PUBLIC HEARING Srinath Murthy, 22023 Baxley Court, Cupertino, applicant, stated that they have worked closely with staff, following code and the Design Guidelines. The home will blend into the neighborhood. He has spoken to the surrounding neighbors who voiced their support. Michael Helm, 200 Seventh Avenue, Santa Cruz, project architect, discussed the drainage, the existing swale, and the fill to be removed and re -compacted. He questioned condition #24, asking if the property address should be clearly visible from Concepcion or Elsie Way. Staff will clarify this with the Fire Department. Diane Barrager, Pathways Committee, reiterated the pathway request. CLOSED PUBLIC HEARING Commissioner Gottlieb questioned the location of the cabana as it is blocking a beautiful view. It also is a visual impact from Concepcion Road and from the neighboring property. k Planning Commission Minutes Approved 8/12/98 July 22, 1998 Page 6 4 She felt if the bedrooms and garage were switched, it would reduce the amount of pavement and retaining walls. She also felt the house should step down as it will overlook the Wen property. Commissioner Schreiner agreed. She was concerned with the skylights as they give a two story appearance. She was also concerned with the impact on the Wen property, suggesting moving the house closer to Concepcion. Commissioner Jinkerson also agreed that the house should step down. Mr. Helm responded that they can remove the skylights, if it is a problem on the east side. They can also move the cabana but would prefer not to move the garage as it provides easy access to the back. The amount of pavement beyond the garage could be reduced up to 10 feet. The overall profile is 26 feet and they can screen the foundation. MOTION SECONDED AND PASSED: Motion by Commissioner Gottlieb and seconded by Commissioner Schreiner to approve the Site Development Permit for a new residence, cabana and pool, Lands of Murthy and Srinath, with the following additions/changes to the conditions of approval; reduce the roof elevation at the highest point by at least 2 feet; step down or lower the house in combination with backfill to minimize exposure to Concepcion Road; relocate the pool house to the opposite side of the pool; reduce the paved area in the garage backup; and delete the skylights. AYES: Vice -Chair Jinkerson, Commissioners Gottlieb & Schreiner NOES: None ABSENT: Chairman Cheng & Commissioner Aurelio This approval is subject to a 21 day appeal period. 3.4 LANDS OF GAFNER, 26990 Taaffe Road (67-98-ZP-SD-GD); A request for a Site Development Permit for a new 7,038 square foot, 27 foot high (partial two story) residence and pool. The Planning Director introduced this item by referring to a statement in the staff report and the misinformation regarding the approval of a two story residence on lot 27. Lot 27 was subsequently re -subdivided and was originally part of the lots which were allowed two story residences per the CC&R's. Commissioner Schreiner disclosed she had viewed the property from the Thomas residence. OPENED PUBLIC HEARING Barry Gafner, applicant, provided the history of the design process, working with staff to insure a project that was within Town codes. He has met with six of the eight abutting neighbors (Thomas, George, Talbott, Reed, Rome, Powell). The Powells were concerned with the south elevation privacy with the guest suite above the garage. They have agreed with the Powells to remove the two windows and the guest suite over the garage. They are still working with the Thomas' regarding their view line. They need to get the roof line Planning Commission Minutes Approved 8/12/98 July 22, 1998 Page 7 4 down to about 17 feet to address his view concerns. The existing roof line is between 16 to 17 feet. He continued by discussing changes to the plan which reduced the height, however, there is still view impacts. The fifth parking space will be removed. Mr. Gafner was aware of the CC&R's noting the house is only a single story. Laurie Darling, project architect, discussed the height of the house. She was available for questions. Marvin Shibuya, 26898 Dezahara Way, had provided staff with a copy of the CC&R's for the subdivision. The CC&R's indicate approval by the architectural committee prior to Town approval. He felt this applicant was premature. Commissioner Jinkenon clarified the Commission's position regarding the involvement with CC&R's. He realized this was a delicate issue but they do not enforce CC&R's. Mike Thomas, 27033 Dezahara Way, bordering on approximately 130 feet of the Gafner property. His view is a very narrow corridor across their property. He provided the Commission with photographs of their view from the upper patio area. They do have other filtered views although they have enjoyed the current view for many years. He understood that the CC&R's cannot be enforced by the Commission. However, there are many neighbors who depend on the CC&R's. The Gafners knew about the CC&R's. The proposal is for a one story structure with a height of a two story. It should not have been a surprise to the Gafners that some neighbors would be upset with this project. He discussed a 1989 judgment (copy of legal document submitted) noting the CC&R's can be enforced legally. When you are looking off to the horizon, every foot counts. Perhaps a large house is not appropriate on this site. Further discussion ensued regarding the language in the CC&R's. Mr. Thomas felt this should be a single story home. Gary Jaquess 27053 Taaffe Road, stated he objected to the project. Building a second story on that lot will further impair the southerly views from his house. Currently, they are highly obscured by trees on the Gafner and neighboring properties which may be an infraction of the CC&R's. While there is a chance of regaining views by removing trees, a house would be a permanent obstruction. This view degradation could reduce the value of his property. He provided the Commission with a letter of his concerns. Glen Reed, 26855 Dezahara Way, discussed the many changes over the last 25 years. There are problems with the height of trees. He felt this was a nice house. He disagreed with the CC&R's. He asked what is the difference between a 25 foot house or a 50 foot tree. Mike Powell, 27011 Dezahara Way, his property abuts the south side of the Gafner property. He felt as long as there were no windows on the second floor on the south side of the property, now or in the future, his primary objection has been eliminated. 4W Planning Commission Minutes Approved 8/12/98 July 22, 1998 Page 8 4 Mr. Gafner commented their intention was not to flaunt the CC&R's. He used the Town guidelines for a single story (maximum 27 feet) but they have reduced it to 24 feet at the high point. He asked Mr. Thomas what would be the desirable height. Mr. Thomas responded he did not know what the perimeters are for a single story home but they are not 27 feet He felt it was more of what a prudent person would consider to be a two story versus a one story building. It is not a design question but a height question. Ideally, a single story would be one he could look over. Mr. Gafner further discussed the fire department requirements for a 14 foot wide driveway with a 37 foot radius as it pushes the house down the hill. If there is a way to do some sort of variance relative to this turning radius or to move it into the setback slightly as they need 12 feet to move the 21 foot roof area out of Mr. Thomas' view corridor with the 17 foot part of the roof not blocking his view. Diane Barrager, Pathways Committee, requested the pathway over the driveway be roughened. CLOSED PUBLIC HEARING The Planning Director discussed the height of a single story not being 27 feet. Although the Commission does not have to impose the CC&R's, they can use similar language. Commissioner Jinkerson discussed the fire department requirements (14 foot driveways). He felt the height should be no more than 23 feet anywhere. Commissioner Schreiner quoted from the "Site Development Policy Statement" She did not feel the 27 foot height meet the intent of a one story structure. This structure is a physical block. She would like to see a redesign to reduce the height to a maximum of 23 feet (as measured by the Town), with a lower height in some areas. This is a big house. Commissioner Gottlieb clarified that on the view side, the structure should be reduced to 20 to 21 feet. Commissioner Jinkerson, in summary, noted that due to the location, the ridgeline, and environment, the house should be no more than 23 feet in height. Due to the view corridor, the house should be less than 23 feet in height. The house should not obstruct existing views. MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Gottlieb to continue the application for a Site Development Permit for a new residence and pool, Lands of Gafner, for redesign, to address the height, visibility, impact on neighbors, and the driveway design. AYES: Vice -Chair Jinkerson, Commissioners Gottlieb & Schreiner NOES: None ABSENT: Chairman Cheng & Commissioner Aurelio E This item will be re -noticed for a public hearing. Planning Commission Minutes July 22, 1998 Page 9 4 Brief break at 10:25 p.m. Approved 8112198 3.5 LANDS OF LAMBERT, 24700 Olive Tree Court (79-96-ZP-SD-GD- VAR); A request for a Site Development Permit for a new 4,660 square foot residence with attached 500 square foot carport, and variances to exceed allowable height (42 feet proposed) and floor area and to encroach into required side yard setback. Staff had nothing further to add to the report. OPENED PUBLIC HEARING Steven Pahl, 160 W. Santa Clara, San Jose, applicants representative, referred to his May 8, 1998 letter to the Planning Director detailing their position. There are only two variances being requested; height and setback. He did not believe a variance for the floor area was necessary. The existing structure is higher than the proposed new structure. He referred to the rendering provided in the packet. Also provided was a petition signed by 46 residents in support of the project. In order to achieve a more harmonious design, they are requesting a variance to the current existing Town imposed setback requirements and height requirements. This structure will slightly stretch beyond the footprint of the old structure and will occupy areas within the property setback not previously occupied by the previous structure. In mitigation to these additional "footprint' encroachments, the height of the home being proposed moves from a four story, six level house with a fourteen foot pony wall to a two story, "prairie style" structure. This will be a wooden house with 8 foot eaves. He noted that City Council has reviewed this project once, providing some clarification to Mr. Lambert, The Council suggested a variance and they are here for that reason. Mr. Lambert is extremely opposed to variances but believes this project meets Town codes. He suggested, if the Commission cannot grant the request set forth in his letter, to direct them back to the City Council to continue where they left off in February, 1997, when they suggested to bring this back with a variance request. Commissioner Jinkerson understood that staff had requested planning, engineering and fire department personnel to meet with the applicant and his engineer on the site to determine a reasonable level of upgrading for the driveway. However, the applicant has chosen not to schedule that meeting. Mr. Pahl referred to condition #14, stating he did not believe a 14 foot driveway was possible due to the amount of in -fill being in excess of 200-250 cubic yards. He did feel the fire department would need to be dealt with and a mutual acceptable solution looked at. Commissioner Jinkerson stated normally the Commission has the full picture of a project to review. On this property, in terms of evaluating the variances, etc., it is hard to evaluate the project when they do not know where the driveway will be. Mr. Pahl noted that the driveway will be in the same location, commenting if the driveway is required to be 14 feet Planning Commission Minutes Approved 8112/98 July 22, 1998 Page 10 wide, it will appear to be a freeway off -ramp. Further discussion ensued regarding the slope of the driveway in various areas. Commissioner Jinkerson referred to Attachment 5 which indicates reasons for the variances. Further discussion ensued regarding the driveway. The assistant engineer noted staff also does not have enough information to evaluate the driveway. The Planning Director stated it was not feasible to have a 14 foot wide driveway the entire length. However, he did feel there were areas where widening the driveway would be possible. Commissioner Jinkerson felt there was a substantial issue with the carport for all required parking. He felt it was difficult to evaluate the carport without knowing the details for the driveway. Mr. Pahl stated the Town supports Frank Lloyd Wright prairie style houses. Whatever the size house, the Lamberts have requested the use of a carport only. The house could be tucked back but it would require more cut and fill and it would be a further encroachment into the side yard setback. The driveway will essentially remain in the same location or it could be moved to the other side (freeway off ramp). The requirements for the driveway will need to be addressed. A fire truck will never be able to turn around; they will need to back down. The assistant engineer stated that the carport, as designed, does not meet the Town's requirements for turnaround area. She questioned whether it is even functional. The 040 parking spaces in the carport do not count as required parking spaces. She did not see how it could be designed to be consider usable parking spaces and meet the Town's grading policy. The existing parking spaces do meet the Town requirements. Mr. Pahl discussed the history of the project, the length of time to move the project forward, and the City Council meeting of February, 1997 at which time they considered and confirmed staffs interpretation of code. The Council indicated that the applicant had the right to rebuild the fire damaged house or bring it back with an application for a variance. The Planning Director responded to previous statements from Mr. Pahl. His understanding of the February, 1997 meeting was that if the applicant wanted to move forward with the new house design, he could apply for a variance request. He did not feel there was a commitment by the majority of the Council to pre -approve the project. CLOSED PUBLIC HEARING Further discussion ensued regarding soil conditions, length of eaves, staff recommendations, pulling the house back, a redesign of the carport (not functional), incorporate the carport into the fire tum around or use existing area, and asking for a redesign on an incomplete application. It was felt that by pulling the house back it would diminish the need for a variance for encroachment into the setback. Planning Commission Minutes Approved 8/12/98 July 22, 1998 Page 11 4W MOTION SECONDED AND PASSED: Motion by Commissioner Jinkerson and seconded by Commissioner Schreiner to deny the request for a Site Development Permit for a new residence, and Variances to exceed allowable height and floor area, and to encroach into side setback, Lands of Lambert, citing the findings outlined in Attachment 1, the Variance findings, soils condition, and insufficient information regarding the carport and driveway design. Granting the applicant these variances would be granting them special privileges that other people have not received. Commissioner Jinkerson referred to Mr. Pahl's letter referring to "Broadway, Laguna, et al. V. Board of Permit Appeals, 66 Cal. App. 2d 767 (1967)" stating the decision was eventually reversed and the original decision upheld not to grant the variance. He quoted from the Broadway, Laguna, et al. V. Board of Permit Appeals case, page 771, and from Zakessian v. City of Sausalito, 28 Cal. App. 3d 794 (1972), as they related to zoning and variance requests (copies of the court cases are found in the Lambert application file). AYES: Vice -Chair Jinkerson, Commissioners Schreiner & Gottlieb NOES: None ABSENT: Chairman Cheng & Commissioner Aurelio 4. OLD BUSINESS `, 4.1 Report from subcommittees. Sandy Humphries, Environmental Design and Protection Committee, reported on the following items: site development meetings and field trips; the landscape guide nearing completion; City of Tiburon view ordinance; historic trees; freeway noise; and Sharyn Brown and Ralph Cheek to retain their Chair and Co -Chair positions in the Committee. 5. NEW BUSINESS -none 6. REPORT FROM THE CITY COUNCIL MEETING 6.1 Planning Commission Representative for July 15t' meeting, Commissioner Gottlieb, reported on the following items: Policy and Ordinance changes; guidelines regarding conflict of interest issues; and the request to remove the historical designation from the Lands of Meshkovshy (Morgan Manor). 6.2 Planning Commission Representative for August 19" - Commissioner Jinkerson APPROVAL OF MINUTES 7.1 Approval of the July 8, 1998 minutes L PASSED BY CONSENSUS: To approve the July 8, 1998 minutes Planning Commission Minutes Approved 8/12/98 July 22, 1998 Page 12 4W 8. REPORT FROM THE SITE DEVELOPMENT HEARING JULY 14 AND 21 1998 8.1 LANDS OF CHAWLA, 24289 Hillview Road (215-97-ZP-SD); A request for a Site Development Permit for a cabana and a landscape plan. Continued to a future meeting. Continue to August 4, 1998 8.2 LANDS OF CHEEK, 27525 Edgerton Road (119-98-ZP-SD); A request for a Site Development Permit to convert an existing stable into a 771 square foot secondary dwelling unit. Approved with conditions July 21, 1998. 9. ADJOURNMENT The meeting was adjourned by consensus at 11:55 p.m. R(e/Jx�$-"p"�" ctt`'f'ully submitted, Lam Smith) Planning Secretary