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HomeMy WebLinkAbout06/09/1999`r Minutes of a Regular Meeting Approved 6/23/99 Town of Los Altos Hills PLANNING COMMISSION Wednesday, June 9, 1999, 7:00 p.m. Council Chambers, 26379 Fremont Road cc: Cassettes (3) #9-99 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 Cheng, Commissioners, Gottlieb, Jinkerson & Schreiner Absent: Commissioner Cottrell Staff: Curtis Williams, Planning Director; Suzanne Davis, Associate Planner; Ola Balogun, Associate Engineer; Lam Smith, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR -none 3. PUBLIC HEARINGS 3.1 LANDS OF GREEN EARTH, 27168 Moody Court (244-98-ZP-SD-GD); A request for a Site Development Permit for a 7,273 square foot new residence (maximum height 27 feet) including a two -car garage and a three - car detached carport (continued from May 26, 1999). The Planning Director introduced this item by reviewing his memo to the commission regarding environmental review for the Lands of Green Earth. Ms. Davis commented on a letter from Dona Charkowicz regarding potential road damage due to construction (condition #19 addresses road repair), and letters from the applicants in response to this letter and an overview of eight requests and issues raised during the previous meetings. It was also clarified that the original driveway design was 600 feet long at a 15% grade. The revised driveway is approximately 300 feet long with about 75% of it at a 17% grade with the remainder at 18%. This includes retaining walls up to 7 feet high on the lower portion of the driveway. OPENED PUBLIC HEARING Planning Commission Minutes Approved 6/23/99 June 9, 1999 Page 2 Sylvia Leung, 25386 La Loma Drive, applicant, reiterated items in her letter, highlighting the following: omissions to the minutes; the shorter driveway design which has been approved by the Fire Department; the request from Mr. Siudzinski to locate the house to the northwest comer of the level building pad; request to redesign and reduce the size of the house; Mr. Siudzinski's request for a single story house; a fence between the two properties; the greater setback from the side property line; the three -car detached carport; and comments regarding a possible EIR/Negative Declaration. She further discussed the landscape plan indicating there was plenty of room for landscaping between the two properties. She felt they have done everything according to code, requesting approval of their plans as they do not want another continuance. If the Commission cannot approve their plans as submitted, they preferred a denial, and review by the City Council. Sandy Humphries, Environmental Design Committee, preferred the use of the Santa Lucia Fir as it is closest to the native plantings although it is slow growing. She suggested some other native fast growing shrubs and trees. She would prefer, instead of going with one variety of a pine tree, to use a variety of natives along with some pines (cluster). Since it is not known what will grow in the poor soil and over the leach filed, they will have to experiment with planting suggesting the use of Tryon and other native plantings which are resilient. She provided the applicants with her recommendations along with the new landscaping guide. Ms. Davis clarified that since it does not appear that the leach field can go elsewhere plantings should be shallow rooted with ground cover. George Koster, in the process of buying 27297 Byrne Park Lane, asked why an environmental review was not required when the site is adjacent to the open space. The Planning Director explained the environmental review noting that a single family residence is usually exempt from CEQA. Conditions of approval can be required to address concerns. CLOSED PUBLIC HEARING Commissioner Jinkerson was troubled with the long driveway and equally concerned with the revised shorter driveway with a 17% to 18% grade with high retaining walls. They previously discussed possibly a 15% grade over short sections. He cannot support the driveway as designed. The house has not been rotated nor has the carport been addressed. He felt because of the creek location and the current situation in Byme Preserve, there is justification for a Negative Declaration. The buildable area on the lot is limited. When evaluating all the circumstances on this site, the development proposed will have a big impact. He also felt the leach field was small for this size of development. The house is too large and should be 20% to 25% smaller on this site. Eliminating the garage and enclosing the carport would help. The guidelines and ordinances do not support this type of development. Planning Commission Minutes Approved 6/23/99 June 9, 1999 Page 3 Commissioner Schreiner felt the carport should be counted as floor area. Also, if the applicants could move the house to lessen the impact on the neighbor, she could support the proposed square footage. The previous requests made by the Commission were reasonable. However, the applicants do not want to make the changes. She was also still concerned with the driveway design. Commissioner Gottlieb commented on the driveway exceeding 15% for the entire length. The height of the house should be reduced to be compatible with neighboring houses (second story but lower). The carport should be counted as floor area. The site is heavily impacted and she was not sure how much mitigation can be accomplished with landscaping. Chairman Cheng was not concerned with the driveway design if it is acceptable to the experts; Fire Department and Engineering. Otherwise, she felt the house was designed according to the ordinances. MOTION SECONDED AND PASSED: Motion by Commissioner Jinkerson, seconded by Commissioner Schreiner, and amended to deny the request for a Site Development Permit for a new residence including a two -car garage and a three -car detached carport, Lands of Green Earth, due to the following findings: driveway as presently designed, while shorter, is 17% to 18% for a 300 foot length with steep retaining walls going into a conservation F area of over 30% grade; because of the unusual shape of the lot, while there is gross ` numbers in terms of acreage, the building site is small, constrained by the nature of the soil, and it is not feasible under guidelines and/or ordinances to build the proposed level of development with the carport in its present location; there are unusual circumstances on the site which would be detrimental to adjacent lands and to the preserve which also limit development of this site; and the impact cannot be mitigated without a redesign for a reduction in size or change the location of residence. AYES: Commissioners Jinkerson, Gottlieb & Schreiner NOES: Chairman Cheng ABSENT: Commissioner Cottrell Chairman Cheng could not support the findings. The 21 day appeal process was explained for the applicants and audience. Brief break 3.2 LANDS OF BARTH, 14350 Manuella Road (43-ZP-SD); A request for a Site Development Permit for a new residence with an attached three -car garage, a basement including a pool, and accessory structure. Planning Commission Minutes Approved 6/23/99 June 9, 1999 Page 4 Staff had nothing further to add to the report. Discussion ensued regarding the light well, the pool in the basement, counting the light well surface as development area, basement meeting code, measuring from the building pad; only seeing a 24 foot height; and the possibility of a future subdivision. Staff responded "no" when asked if there were any typical subdivision conditions to be required with this project. OPENED PUBLIC HEARING Tobin Dougherty, 620 Sun Valley Road, Ketchum, ID, project architect, provided a rendering of the completed project. The site is large and the project was designed in case the applicants ever decide to subdivide. The preliminary landscape plan shows a vineyard on the undeveloped part of the lot. He further noted the large setbacks and the 24 foot height at the front of the two-story portion. This is a traditional Santa Barbara mission style home with the great room lowered one foot in response to staff comments. He further answered questions regarding the patio light well (15'X15') noting the idea is to be able to walk out of the master bedroom onto the patio. They plan to use heavy glass block, probably brown in color. Debbie Barth, 787 Los Robles Avenue, Palo Alto, applicant, discussed the indoor lap pool which will be used for therapy and exercise year round. An elaborate ventilation system will be installed since it is inside the building. Several consultants have been reviewing the design of the ventilation system to avoid problems with chemical smell and/or humidity. Alistar Short, 26000 Rancho Manuella Lane, discussed the two-story structure erected to one side of the lot so the owners may subdivide, building a similar large dwelling. The structure appears to be out of character with the rest of the properties on Manuella Road. He would not want Manuella Road to be another La Paloma Road. He requested that the house be moved back on the lot and the height reduced. William Downey, 14430 DeBell Road, adjacent neighbor to the left, requested dense planting of trees and shrubs for screening from the street and the north side. He was concerned with loss of privacy as there is a gap in the current vegetation and the second story windows look onto his patio area. There is only 12 feet between the side property line and the driveway. Also of concern was the possible noise from the shop/accessory building. He further addressed the drainage problems in the area. Mrs. Barth and Mr. Dougherty addressed the drainage issue commenting on a drainage system design which is appropriate. Commissioner Schreiner asked if they were willing to move the house further from the side property line. Mr. Dougherty stated there was room to move the house over. They are working with an imaginary line. CLOSED PUBLIC HEARING Planning Commission Minutes Approved 6/23/99 June 9, 1999 Page 5 060 Commissioner Schreiner sympathized with the neighbor, however, the formula determines the MDA/MFA figures, understanding new homes are much larger than existing houses. Also, driveways are allowed within setbacks. Screening will do much to mitigate and soften the facade. She was concerned with the pool and patio area meeting code. The General Plan and guidelines only allow a certain amount of discretion. She would like the house moved back five feet to provide for ample screening. Commissioner Gottlieb appreciated the fact that the applicant's were willing to move the house five feet to help the neighbor. Findings would need to be made if they requested the house to be lowered. The house is set back and the height nested in. She, too, was concerned with the light well for the pool and the retaining wall around it. Landscaping the front will break up the view from the street . She further suggested planting trees in the circular driveway and trees in the front of the house. Commissioner Jinkerson commented on the pitched roof which is massive and bulky which could be reduced. However, this does not appear to be a concern of the other Commissioners. He was concerned with the large pool in the basement. He did not feel this was in the spirit of the basement ordinance. Earthquakes should be an issue. He did not feel the underground pool was appropriate in this case. He could not support the project. He could make finding to reduce the bulk of the house. Chairman Cheng felt the applicants have followed Town ordinances and guidelines. She supports the project noting the 83 foot front setback. The house is in the middle of the lot with the option of a future subdivision. Discussion ensued regarding the basement, the light well area, and the light reflectivity value. Mr. Dougherty stated the light well area can be flush with the grade. The retaining wall was only to provide a private area. The glass blocks can be any color. MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Gottlieb to approve the Site Development Permit for a new residence, pool and accessory structure, Lands of Barth, with the following additions/changes to the conditions of approval: add to condition #1, the house shall be shifted five feet further from the north property line, and the seat wall at the glass block patio off the master bedroom shall be eliminated and the patio lowered to grade; and add to condition #7, the glass block over the light wells and for the patio off the master bedroom shall have a light reflectivity value of 40% or less. AYES: Chairman Cheng, Commissioners Gottlieb & Schreiner NOES: Commissioner Jinkerson ABSENT: Commissioner Cottrell qtr This approval is subject to a 21 day appeal period. Planning Commission Minutes June 9, 1999 Page 6 Approved 6/23/99 3.3 Proposed Amendments to Matadero Creek Subdivision Conditions of Approval, Related to Building Coverage and Maximum Development Area; and Negative Declaration. The Planning Director introduced this item by noting the receipt of a letter from Law Office of Owen Byrd representing owners Groff and Taylor, requesting a continuance so they can have more time to gather data about their property and perform the calculations that will indicate how much building potential, if any, remains on their property under the different scenarios. Also, a letter of support was received from Robert Lefkowits. Discussion ensued regarding the tables in the report. He asked the owners if there were any additional information or corrections to be made to the Matadero Creek subdivision lot calculations to please inform him. He indicated corrections to Attachment 6 of the staff report. OPENED PUBLIC HEARING Bill Riffle, 28525 Matadero Creek Lane (lot 2), provided the 18 year history of the subdivision when the Town purchased the 60 acres in 1981 from the Palo Alto School District making them the owner and developer. The District required that the development be less dense than the rest of Los Altos Hills. Much of the confusion regarding the numbers was created by the Town itself. He further discussed the process used to sell the lots. The issue should be to retain Matadero Creek as a special place within Los Altos Hills, using the same rules in terms of MDA/WA, etc., applied only to the unencumbered area (easements removed). He would like to have a set of resolutions for approval by the Town that apply whatever the current Town rules are, maintaining the lesser density. Let's end the confusion by adopting a clear, consistent set of regulations. He voiced support the staff report as prepared by the Planning Director. He also asked that the Town bring the CC&R's in line after this issue is finalized. Lail Jain, 28510 Matadero Creek Lane (lot 5), felt the report failed to point out that there were actually at least seven homes that were built after 1986 when up to 2,000 square feet of second floor was not counted as development area. This means that 18 out of 20 lots did not comply with the Ordinance 305 rule. The Planning Director answered Mr. Jain's question regarding who prepared the numbers in the staff report (the Planning Director or Mr. Lefkowits). Mr. Jain felt the CC&R's as written were fine. He further discussed the self appointed Matadero Creek Architectural Board (self interest). There is no need to change any rules; either use the CC&R's or use Los Altos Hills Ordinance 305. If they decided to change the rules, they should go back to the Matadero Creek old rules rather than making new ones. The last remaining lot, lot 5, should be treated the same way as the other 18 lots. Planning Commission Minutes Approved 6/23/99 June 9, 1999 Page 7 Yvonne McCallum, 28545 Matadero Creek Lane (lot 19), support the proposed changes. Over the years, changes have been approved on a lot by lot basis without any consistent standard applied. In the interest of fairness she would like the adoption of some standard rules. She indicated accuracy in the numbers as noted in the report. Shako Nagpal, 28555 Matadero Creek Lane (lot 17), bought the property at auction and is a member of the Matadero Creek Architectural Committee, acting in good faith all these years with no self interest, trying to comply with the CC&R's. At the last meeting, she felt the time has come to be treated like everyone else. The way to accomplish this is to treat each lot like every other lot in Los Altos Hills, giving them numbers accordingly. Shabnam Jain, 28510 Matadero Creek Lane (lot 5), changing things that are not broken is not good. She felt the CC&R's were very clear, asking for them to be followed and implemented equally. She clarified that the Matadero Creek Architectural Committee is not a legal body so this issue should not come up at every meeting. It is always the people who are living in the least desirable homes who attend these meetings. These people are the ones that did not want them to build. She agreed that the numbers for every home should be verified, starting with the home next to her as it does not meet the MDA/MFA or the setback requirements. Scott Groff & Lynn Taylor, 28625 Matadero Creek Court (lot 13), requested a continuance to a future time for both its consideration and final action. He agreed there should be a clear policy. However, they need more time to review what would be the proper course. They were also looking for some additional square footage. Rick Ellinger, 28520 Matadero Creek Lane (lot 3), supports the request for a continuance due to the complexity of the proposal. He was aware that the Planning Director has gone to a great deal of time and trouble to study the subdivision and has no doubt that the numbers are accurate. He stated that more than six times they have been under scrutiny/threat of the Planning Commission and City Council action in reviewing this subject. The original intent for the 60 acres was 37 homes and for the record he would not want 37 homes; 20 lots and a water tank is more than enough. He supports the numbers, the 20 lots, staff and the logic of the original subdivision which was based on unencumbered acres. The proposal is reasonable. The net effect adds about 10,000 square feet of development potentially. He recommends when the Environmental Impact Report is filed, it is certified that a certain amount of development is the maximum. They should pull the document for review to make sure 10,000 square feet (or whatever the number may be) is within the guidelines of the Negative Declaration. Also, part of this subdivision includes roughly 30,000 square feet of water tank which is definitely impervious surface. He discussed the Matadero Creek Architectural Committee stating he had no personal interest, economic or otherwise. The subdivision is built out currently. He felt the Tentative Map should be completed and filed. He indicated one of the conditions of his purchase was the Town would complete the path which goes all around the subdivision. Planning Commission Minutes Approved 6/23/99 June 9, 1999 Page 8 ko He recommended the Town review the CC&R's. He also recommended the Tentative map reflect the grandfathered numbers so if there is a change in staff, etc. it is in the record as a deed restriction. Lastly, he believed when you build your house you follow the existing Town rules. Lynn Groff, 28625 Matadero Creek Court (lot 13), felt there were huge inequities in terms of some of the floor area compared to the property, whether unencumbered or not. She asked about the houses who had their second floor exempt, and the others who did not. The people who did not should have a proportionate amount given to them. She is looking for the possibility of additional development area. She further stated that she would not like to see a subdivision situation occur. Commissioner Jinkerson provided a scenario -lots A, B and C. Lot A, building in 1982, elects not to build a second story; Lot B builds a second story, taking advantage of the second story not counting. In 1996 Lot C starts building. All the lots should be built according to the rules at the time. You have to apply the rules of the day. Connie Lefkowits, 28515 Matadero Creek Lane (lot 4), thanked the Commission and the Planning Director for the extraordinary hours that have been put into trying to decipher Matadero Creek subdivision. The last few years have been very distressing (political games). She discussed the Architectural Committee, and the need for solid numbers to make the process smoother. Bill Riffle, 28525 Matadero Creek Lane (lot 2), provided the history of a neighborhood meeting three years ago which involved an election held (candidates proposed and elected) and at that time a map of the neighborhood was created with a majority of the neighbors present. Unfortunately, the Jains have never seen the Committee serve their purpose. The Architectural Committee does not exist currently because no one will serve. Commissioner Jinkerson requested written recommendations from the owners, working with the Planning Director, so the Commission can make the best recommendation to the City Council. Rick Ettinger stated that the Matadero Creek Architectural Committee could supply the numbers which are the same numbers in microfiche. He felt a written request to each owner would be a better method. CLOSED PUBLIC HEARING Commissioner Schreiner asked staff to analyze the impacts of applying floor area restrictions to the lots based on the "unencumbered" area of each lot, similar to the proposal for development area. Planning Commission Minutes June 9, 1999 Page 9 Approved 6/23/99 PASSED BY CONSENSUS: Motion by Commissioner Cheng, seconded by Commissioner Jinkerson and passed by consensus to continue the modification of Tentative Map conditions regarding building coverage and development area, Matadero Creek Subdivision, Tract No. 7187, and Negative Declaration, to June 23, 1999. AYES: Chairman Cheng, Commissioners Schreiner, Gottlieb & Jinkerson NOES: None ABSENT: Commissioner Cottrell 4. OLD BUSINESS 4.1 Report from subcommittees. None 5. NEW BUSINESS -none 6. REPORT FROM THE CITY COUNCIL MEETING 6.1 Planning Commission Representative for June 3rd, Commissioner Gottlieb, reported on the following items: interpretation of setback requirements from Hale Creek, lots 5-10 of the Quarry Hills Subdivision; Fast Track; and Lands of Burger. 6.2 Planning Commission Representative for June 17" - Commissioner Jinkerson 7. APPROVAL OF MINUTES 7.1 Approval of the May 26, 1999 minutes PASSED BY CONSENSUS: To approve the May 26, 1999 minutes 8. REPORT FROM SITE DEVELOPMENT HEARINGS FOR June 8. 1999 8.1 LANDS OF MENDEZ, 25610 Frampton Court (113-99-ZP-SD); A request for a Site Development Permit for a landscape screening plan. Approved with conditions. 9. ADJOURNMENT The meeting was adjourned by consensus at 10:45 p.m. Respectfully submitted, Lam Smith 4W Planning Secretary