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HomeMy WebLinkAbout06/23/1999Minutes of a Regular Meeting Approved 7/14/99 Town of Los Altos Hills PLANNING COMMISSION Wednesday, June 23, 1999, 7:00 p.m. Council Chambers, 26379 Fremont Road cc: Cassettes(3)#10-99 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, Cottrell & Schreiner Staff: Curtis Williams, Planning Director; Suzanne Davis, Associate Planner; Ola Balogun, Associate Engineer; Lam Smith, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR Commissioner Schreiner thanked Chairman Cheng, a very dedicated volunteer, who has worked for eight years for the Town. On behalf of the Planning Commission, she extended appreciation from them all for her calm and dedicated work. She presented her with a gift of appreciation for her service and hard work. The Planning Director requested adding an emergency item for discussion under New Business regarding the City Council's suggestion for the Planning Director, rather than a Planning Commissioner, presenting the report to the Planning Commission on actions taken at the Council meetings. MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Cottrell to add the emergency item under New Business. AYES: Chairman Cheng, Commissioners Cottrell, Gottlieb & Schreiner NOES: Commissioner Jinkerson Planning Commission Minutes Approved 7/14/99 June 23, 1999 Page 2 3. CONSENT CALENDAR 3.1 LANDS OF BARTH, 14350 Manuella Road (43-99-ZP-SD); Findings for approval of site development for new residence, with conditions. Commissioner Schreiner pulled this item for discussion, asking if she could add to the findings since there was subsequent information regarding the utility easement on Mr. Downey's property relating to plantings which would be an added circumstance for the request to increase the house setback by a minimum of five feet. The Planning Director indicated the findings could not be altered after the fact. MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Gottlieb to adopt the findings, Lands of Barth, 14350 Manuella Road, as noted by the Planning Director in his memo to the Commission. AYES: Chairman Cheng, Commissioners Gottlieb & Schreiner NOES: Commissioner Jinkerson (consistent with his original "NO" vote on the project) ABSTAIN: Commissioner Cottrell 4. PUBLIC HEARINGS F 4.1 LANDS OF BLAIR, 27161 Fremont Road (110-99-ZP-SD-GD); A request for a ay Site Development Permit for a secondary dwelling unit, basement, and cabana. Staff had nothing further to add to the report. Ms. Davis provided the overall plan for the front lot. The rear lot will be developed at a later time after the map has been recorded. Discussion ensued regarding the following: the original subdivision approval and the area between the creek and Fremont Road; the structures to be demolished; the MDA/MFA for the front lot; the size of the light wells for the basement; code not specifying basement use; the proposed cut and fill; raising a portion of the property by the guest house and the southwest corner 1 to 2 feet; the future new residence; and the intended use of the cabana. The Planning Director commented on the City Council prior discussion regarding cabana and/or secondary dwelling (clearly separate areas for sleeping). OPENED PUBLIC HEARING Glenn Cahoon, 296 Kansas Way, Fremont, project designer, responded to the previous questions by stating the Blairs will be moving into the secondary dwelling during the construction of the new residence. The basement light wells could possibly be reduced per UBC. He provided an overview of the site, the drainage and grading plan, and the MDA/MFA (front lot floor area 10,600 square feet, back lot floor area 7,800 square feet) for the site. There is nothing planned for the front area between the street and the creek except a vineyard. Planning Commission Minutes Approved 7/14/99 June 23, 1999 Page 3 4 Kim Cranston, 27080 Fremont Road, appreciated that the applicants were responsive in not building between the creek and Fremont Road. He asked if there were any plans for improving the creek. Ms. Davis stated there were none. However, with the subdivision, it is likely that they will he required to do some channel improvements. The applicants are currently working with the Santa Clara Valley Water District. Nothing has been finalized as yet. Les Earnest, Pathways Committee, reiterated the Committee's recommendations for the construction of a 5 foot IIB path along Fremont Road separated from the pavement by at least 5 feet with plantings between the road and the path.. Robert Blair, 917 Rock Canyon Circle, San Jose, applicant, adjusted the property line so the secondary unit could be built behind the house instead of in front of the creek. He felt Mr. Cahoon answered all concerns. He was available for further questions. CLOSED PUBLIC HEARING Commissioner Gottlieb was concerned with the two structures, both appearing to be secondary dwellings. She asked if a condition could be added so no full kitchen facilities could be added to the cabana. Commissioner Jinkerson was concerned with the definition of a full kitchen (garbage disposal, dishwasher, refrigerator, range). He felt there should be a clearer definition of what constitutes a full kitchen. He felt a cabana should have a partial kitchen for entertaining. The definition should be clear. The Planning Director felt "shall not be a dwelling unit' would be clear. Commissioner Schreiner, after reviewing the overall plan, was concerned with how tight all the structures will be. She was also concerned with the 100 year flood and the fact that the light well will be in that area. She would like a restriction on the cabana not to be a dwelling unit. Ms. Davis clarified that when the new culvert and/or channel improvements are completed to facilitate drainage, the 100 year flood line will no longer exist. MOTION SECONDED AND PASSED: Motion by Commissioner Jinkerson, seconded by Commissioner Schreiner and amended to approve the Site Development Permit for a secondary dwelling unit and pool house, Lands of Blair, 27161 Fremont Road, with the following additions/changes to the conditions of approval: the basement exiting and window wells shall be the minimum required by the Uniform Building Code; and a disclosure statement shall be recorded stating that the cabana (pool house) shall not be used as a living facility. AYES: Chairman Cheng, Commissioners Gottlieb, Jinkerson, Cottrell & Schreiner NOES: None The approval is subject to a 21 day appeal period. Planning Commission Minutes June 23, 1999 Page 4 Approved 7/14/99 4.2 LANDS OF OLCOTT, 12950 Brendel Drive (35-99-ZP-SD-GD-VAR); A request for a Site Development Permit for a new residence, including an attached two -car garage, and a variance to allow development area in excess of the maximum permitted. The Planning Director introduced this item by noting the receipt of a letter and site photographs from Frank Lloyd for review. Also received were letters of support from surrounding neighbors. Commissioner Gottlieb questioned the MDA/MPA calculations and the possibility of widening the culvert. She asked if there was a need for a retaining wall for the second guest space. The Planning Director replied no, however the applicant could address this issue. Commissioner Schreiner questioned condition #1, asking for the elimination of attic area in excess of seven feet in height. The Planning Director was not sure if a change in the roof pitch would address this request. Since it is only 80 square feet, and could be considered a hardship to adjust the roof pitch, he suggested allowing the additional 80 square feet. OPENED PUBLIC HEARING Ken Olcott, 12851 W. Sunset Avenue, applicant, asked if the 80 square feet could be added to the totals since changing the roof pitch would not be easy. The previous owners considered the properties one piece of property, not worrying about the property line. The horse corral fence is not on the property line. The actual property line is approximately 40 feet into the coral. They have worked out an agreement with the previous owners so they can leave the coral there, for 4W now. There are no plans to widen the culvert. He continued stating they felt they have come up with a reasonable size house, one which fits their needs, using natural materials. The area facing Robleda Road will be dedicated as a conservation easement. They plan to use native plantings, maintaining the rural feel. He has either received written or verbal support from most of his neighbors whom he contacted. He further discussed the effectiveness of screening. Commissioner Gottlieb noted the front area jutting out which creates a difficult area to landscape for mitigating the height of the house. She asked if they could set the house back to provide more area for landscaping. Mr. Olcott did not feel landscaping will be a problem. Frank Lloyd, 12824 Brendel Drive, adjacent and most impacted neighbor, discussed his letter and photographs. He stated the photographs show the view of the Olcott house from his master suite bedroom window and the direct view from the Olcott second story level into his master suite bedroom window. The Olcott second story plan has both a bedroom and a library window views of his house. The Olcott's first level view, from their patios and ground level rooms, have views of this same bedroom window. As a test, he turned on his bedroom lights and went up to the site to see the view of his master suite at night. He was stunned by the clarity of this night time view into his bedroom. His privacy will be diminished in the most personal area of his home. Another photograph shows the view of his cottage from the Olcott house site stating the privacy and value of his cottage will be reduced. He asked the following: alleviate these problems; lessen the second story facing his land; adjust the second story windows facing him; soften the front elevation; suggested a hip roof over the second bedroom and library; shift the view; minimal patios facing the cottage; additional parking pads be allowed at the bottom of the driveway to Planning Commission Minutes Approved 7/14/99 June 23, 1999 Page 5 avoid the need for guest parking on Brendel Drive; and landscaping to offer a partial solution. Lastly, he requested there be a stipulation that no music, sports events, etc. be played during the construction period. Further discussed the plantings on his property. He was not sure how to screen the cottage side of the driveway or screening of the house. Lynn Olcott, 12851 W. Sunset Avenue, asked for some years to grow the vegetation on the site. She addressed Mr. Lloyd's concerns suggesting reducing the size of her son's bedroom window to the minimum per UBC. The library window is at a 45° angle so it is not facing toward the Lloyd's bedroom. She further discussed the existing driveway. Commissioner Jinkerson asked the Planning Director if a window is an architectural feature, and if so, they cannot ask for changes. The Planning Director responded yes. He noted the Council introduced ordinance revisions regarding site development changes and the Fast Track process. Under the proposed new ordinance, the Planning Commission or staff shall not modify architectural features including chimneys, windows, skylights, etc. The Commission would have to find a very specific provision of the code or Design Guidelines which addresses this issue, although the applicant is free to respond to the neighbor's concerns. Commissioner Jinkerson, stated under the new ordinance, no matter what neighbors say, the Commission does not have the power to change an architectural feature. Under the new ordinance, the applicants do not have to change the window. ` Mr. Olcott would like to be compatible with the neighbors (neighbor friendly). He would prefer �y working with Mr. Lloyd and staff for the window reduction. Commissioner Schreiner felt they could look at shifting the house on the site to lessen the impact, with findings. Les Earnest, Pathways Committee, reiterated the Committee's recommendations. Debbie Chen, 25545 O'Keefe Lane, was concerned with the new construction, only as it pertained to lowering her water pressure even more. The Planning Director suggested she contact the Water Company as it is not an issue for the Commission. CLOSED PUBLIC HEARING Commissioner Gottlieb commented on not needing retaining walls for the driveway, the view of the nature slope, and the driveway slope meeting Town requirements. Commissioner Schreiner felt the request for the variance was reasonable because under the slope density formula, they would be allowed very close to the numbers. They are only asking for 500 square feet more of development area, most of which is in the driveway. However, there is 850 square feet of patio area which could be reduced. She was concerned that at a later date a structure could be built as there is 1,000 square feet of floor area remaining. Regardless, the numbers are reasonable. She felt restricted by the Council by not being allowed to mitigate the impacts on a neighbor. She would hope that the applicants would work with Mr. Lloyd to address his concerns. She felt the kw house was very attractive. I9 Planning Commission Minutes Approved 7/14/99 June 23, 1999 Page 6 Commissioner Jinkerson asked that the numbers be corrected to add the additional 80 square feet (6512/3050). He discussed the La Loma Drive, Rhus Ridge Road and Westwind Way projects. He supports the 5000/4000 rule which will be very important in the community as they see more challenged lots. This is a visible, constrained lot. He would prefer the development area numbers reduced to 6,200-6,300 square feet. He agreed that this was a large patio. Given the area, the steepness of the slope, water coming off the property, and the geology reports, to constrain the lot in terms of development and reduce the size of the patio would be a plus for the residence because it will reduce the amount of sheet flow off of the property. Variances are looked at case by case. He cannot support the variance. Commissioner Gottlieb felt with the reduction of the patio, they may be able to plant some trees closer to the house. She was concerned with the height (27 feet), extending seven feet above the property line, and extremely visible from Robleda Road. She would prefer a 24 foot home. If there were not a pad, a step down house would have been requested which would have mitigated some of the height. She understands the house is under 3,000 square feet and hopefully the small size will help the height concern. Commissioner Cottrell was not concerned with the size of the patio. However, if this was the only item delaying approval, he suggested the applicants work with staff for a reduction of the patio area for planting. The Planning Director noted that if the intent of reducing the patio on d Mr. Lloyd's property side was to provide planting, that portion of the patio has the roof line �y coming over it which would not allow tree planting. The section that does not have a roofline over the patio is located towards the other end of the house which is not a concern of Mr. Lloyd. Unless the house is actually moved back, a reduction in the patio area will not allow for planting of trees. Chairman Cheng discussed the .79 LUF and the compromises made by the applicants by reducing the size of the house prior to public review, designing a house which fits the neighborhood and site. They have been very willing to work with all the neighbors. She voiced support of the project. Mr. Olcott stated what allowed them to make the house smaller was the usable outdoor space. The Planning Director felt this design was in line with other similar lots. It is desirable to trade- off the house size on difficult lots for a variance for development area. In this case, the applicants have done this by using more outdoor area which is not seen off-site and reducing the bulk of the house. Commissioner Gottlieb felt perhaps they should concentrate on the landscaping since the house cannot be moved back. It is a small home. No one else is concerned with the height. 4 Planning Commission Minutes Approved 7/14/99 June 23, 1999 Page 7 MOTION SECONDED, AMENDED AND PASSED: Motion by Commissioner Jinkerson, seconded by Commissioner Gottlieb and amended to approve the Site Development Permit for a new residence; and variance to exceed the allowable maximum development area, Lands of Olcott, 12950 Brendel Drive, with the following additions/changes to the conditions of approval: special attention shall be given to plantings which will screen the structure from the residence and guest cottage at 12824 Brendel Drive. Add to Variance Findings #1 and #2 that the site would allow 5,918 square feet of development area and 6,512 square feet is proposed, which would be an increase of about 10%, far less of an increase than what has been granted to other constrained lots. AYES: Chairman Cheng, Commissioners Cottrell, Jinkerson, Gottlieb & Schreiner NOES: None This approval is subject to a 21 day appeal period. 3.3 Proposed Amendments to Matadero Creek Subdivision Conditions of Approval, Related to Building Coverage and Maximum Development Area; and Negative Declaration (continued from June 9, 1999). Commissioner Cottrell stepped down from the hearing due to the proximity of his residence to the project sites. The Planning Director introduced this item by discussing the floor area limitations as noted in the staff report. Floor area was not originally a restriction on this subdivision. He noted previous discussions regarding how many of the lots were able to build with the benefit of excluding second floor areas. In his estimation, 10 of the lots have had some benefit in respect to not counting the second floors. OPENED PUBLIC HEARING Rick Ellinger, 28520 Matadero Creek Lane, provided the Commission with information regarding modification of tentative map conditions relating to building coverage and development area. He voiced support of the following: staff's suggestions on the modification of the conditions of approval; retaining roofline elevations; the use of current Town ordinances to calculate the MDA applied to the unencumbered part of the lot (including the second floor); placing the numbers as a deed restriction on each lot with signatures of each property owner; amending the EIR to show impact and conclusion for the aggregate increase these actions imply; and to complete the subdivision, as the developer (complete and maintain the pathway the full way around the subdivision, as shown on the map). Lall Jain, 28510 Matadero Creek Lane, felt there was no need to change the CC&R's as they are very well written; 18 lots have been developed using them. The building coverage which is dictated in the CC&R's actually control the MFA. He further discussed Ordinance 305. If this item is approved, he will pursue this further with the City Council. Planning Commission Minutes June 23, 1999 Page 8 Approved 7/14/99 Bob Lefkowitz, 28515 Matadero Creek Lane, supported the staff report. He clarified his understanding regarding MFA limitations for every lot in the Matadero Creek subdivision. He further reviewed the staff report, in particular, calculations on the data sheets. Commissioner Schreiner noted on the 60 acres, there will be 10,400 square feet more of development area allowed with an additional 4,200 square feet of floor area. CLOSED PUBLIC HEARING Commissioner Jinkerson asked if it was the opinion of the Matadero Creek residents present that they were in support of the recommendation of the Planning Commission that the City Council adopt the proposed Negative Declaration and approve the revised development standards for the Matadero Creek Subdivision (Tract No. 7187), as outlined in the amendment. Mr. Ellinger supported the Negative Declaration, and staff recommendation regarding the revised development standards for the Matadero Creek Subdivision. He cannot speak for anyone else. It was clarified that all property owners were sent notices for all public hearing meetings. Commissioner Schreiner felt it was important to try to carry out the intent of the subdivision. She felt staff and the Matadero Creek residents have done a very good job in showing what the number would be. The increase will be minimal on 60 acres. She supported the recommendations. Commissioner Jinkerson noted that no one is getting less than they have nor a nonconforming lot. Given the circumstances, it is a win/win situation. The Planning Director noted two residents who were clearly not in favor of the proposal (Nagpal and Jain). Chairman Cheng did not feel the new calculations were equitable for all subdivision property owners. PASSED BY CONSENSUS: Motion by Commissioner Schreiner and seconded by Commissioner Jinkerson recommending that the City Council adopt the proposed Negative Declaration and approve the revised development standards for the Matadero Creek Subdivision (Tract No. 7187) as outlined in the amendment (Attachment 1). AYES: Commissioners Jinkerson, Schreiner & Gottlieb NOES: Chairman Cheng ABSTAIN: Commissioner Cottrell This item will be scheduled for a City Council public hearing agenda. Brief break at 9:20 p.m. 5. OLD BUSINESS 5.1 Report from subcommittees. None Planning Commission Minutes June 23, 1999 Page 9 6. NEW BUSINESS Approved 7/14/99 Discussion ensued regarding the City Council suggestion for the Planning Director, rather than a Planning Commissioner, present the report to the Planning Commission on actions taken at the Council meetings. The Planning Director asked for comments and a consensus to report back to the Council. Further discussion ensued regarding the factual manner in which a report is given to the City Council. Commissioner Jinkerson felt the Commission should go to the meetings and give the report to their fellow Commissioners. They have a duty to the community to share their thoughts about what the Council is saying and how they are interpreting what the Commission is doing. He noted the future scheduling of ajoint meeting which would be a good time to discuss the report from the City Council. Commissioner Cottrell felt they should do everything possible to bring the two bodies together. Commissioner Gottlieb suggested they address issues, not personalities at the joint meeting. PASSED BY CONSENSUS: Motion by Commissioner, seconded by Commissioner Gottlieb and passed by consensus to retain the present system of reporting back to the Planning Commission. Lands of Nextel, 2350 Page Mill Road (213-98-ZP-SD-CUP); Color for tree poles. The Planning Director provided a color sample for the poles. The Commission would like to see a slightly darker green color. 7. REPORT FROM THE CITY COUNCIL MEETING 7.1 Planning Commission Representative for June 17`4, Commissioner Jinkerson, reported on the following items: reorganization of the City Council (Mayor Dauber, Mayor Pro Tem Finn); Lands of Green Earth; approval of notice to residents regarding the Town Color Board; Lands of Burger; fee schedule; maximum development area for restrained lots; Fast Track; and ordinance amending Title 8 of the Municipal Code to adopt by reference the 1997 California Building Standards Code, including Uniform Building, Mechanical, Electrical, Plumbing and Fire Codes, with amendments, and adoption of negative declaration.. 7.2 Planning Commission Representative for July 1" —Commissioner Schreiner APPROVAL OF MINUTES 9.1 Approval of the June 9, 1999 minutes PASSED BY CONSENSUS: To approve the June 9, 1999 minutes with Commissioner Cottrell abstaining. Planning Commission Minutes Approved 7/14/99 June 23, 1999 Page 10 9.1 REPORT FROM SITE DEVELOPMENT HEARINGS FOR JUNE 22, 1999 9.1 LANDS OF TAN, 13910 Page Mill Road (117-99-ZP-SD); A request for a Site Development Permit for a landscape screening plan, and driveway modification to allow a second access onto easement. Approved with conditions June 8, 1999. 10. ADJOURNMENT The meeting was adjourned by consensus at 10:20 p.m. Respectfully submitted, Lani Smith Planning Secretary