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HomeMy WebLinkAbout09/22/1999Minutes of a Regular Meeting Approved 10/27/99 Town of Los Altos Hills PLANNING COMMISSION September 22, 1999, 7:00 p.m. mbers, 26379 Fremont Road cc: Cassettes (2) #16-99 ROLL CALL AND PLEDGE OF ALLEGIANCE The Planning Commission meeting was called to order at 7:07 p.m. in the Council Chambers at Town Hall. Present: Commissioners Gottlieb, Jinkerson, Wong, Cottrell & Schreiner Staff: Curtis Williams, Planning Director; Ola Balogun, Associate Engineer; Shaunn O'Connor, Assistant Planner; Lani Smith, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR A letter from Richard O. Fimmel, 12350 Hilltop Drive, was introduced for the record. He requested further information regarding the installation of two 5,000 gallon water tanks by Mr. Leach at 11985 Magdalena Avenue, to satisfy fire department requirements. This item was referred to the Planning Director for action. Betsy Betram, 11854 Page Mill Road, publicly asked Commissioner Wong to take the honorable action and resign as a member of this Commission citing the lack of proper permits before starting work. This body stands in judgment of applicants who have followed procedures. This would apply to any race, color, creed or political affiliations. She has no bias except for what is right. Chairman Jinkerson noted that this issue was discussed at the Town Council and it is not something the Planning Commission can consider. 3.1 LANDS OF RICHARDSON & WILSON, 11950 Rhus Ridge Drive (158- 99-ZP-SD-GD); A request for a Site Development Permit for a second story addition, a detached garage, and remodel.) Staff introduced this item by noting the receipt of letters from Liz Dana and Ginny Tolan. Commissioner Schreiner questioned the maximum floor area figure of 4,000 versus the actual calculated figure of 3,650 square feet, and questioned the proposed color of the structure. The Planning Director stated that at the last City Council meeting they discussed the color board. As a result of that meeting, staff or the Commissioner should make a Planning Commission Minutes Approved 10127/99 September 22, 1999 Page 2 finding that a structure is highly visible in order to apply the color board condition. Commissioner Gottlieb asked for the highest to lowest figure and the height of the retaining walls going to the house. OPENED PUBLIC HEARING Bob Flury, 20 S. Santa Cruz Avenue, Los Gatos, project designer, discussed the concerns expressed in Liz Dana's letter regarding trees and height. They will only be removing 3 trees rather than 5 trees, saving the two trees furthest from the garage. The landscape screening plan will provide 7 foot high perimeter screening. Also, ivy will be planted on the perimeter of the building itself so much of the stucco will be covered by the ivy as time passes. He questioned condition #17, requesting additional time to review and discuss the request to connect to sewer as the cost is substantially higher than the septic system. He understands this is not a regulation but a policy. They were just made aware of this request. He noted that the septic plan has been submitted to the County Health Department and they are awaiting approval. Roger Spreen, 11970 Rhus Ridge Road, voiced support of the project for three reasons: applicants provided communication to the neighbors during the process; the second story will not impact the view of his property; and the applicants will provide screening to blend into the surroundings. He felt the neighborhood was changing and the Richardsons are doing a great job coordinating the plans with close neighbors. He briefly discussed a septic system versus connecting to sewer (his application is in progress). If this property does not connect, it would effect his ability to connect. Sandy Humphries, Environmental Design Committee, suggested moving the garage closer to the house (a total of 15 feet) to avoid the impact on the 30 inch oak tree. She was concerned with the cut into the hillside and damage to the root system. She felt the safety of the oak tree should be a high priority. Bob Flury responded that they do not want to lose the oak tree. The certified arborist was comfortable with the cut and will provide on-site supervision. Mr. Flury provided the arborist report to the Commission for review. Commissioner Schreiner asked, if the garage was moved, would it reduce the 9 feet of cut. Mr. Flury responded yes. She further asked how much would be added if they require the width of the driveway to be reduce to 14 feet. Mr. Flury stated that they had studied placing the garage closer to the house originally, but it was not desirable. She further questions the roof pitch on the house and the garage (9:12). She wanted to make sure areas over 7 feet in height would be counted. Mr. Flury indicated there should be no attic area over 7 feet. Commissioner Wong clarified the points discussed: attic space over the garage, the 30 E inch oak tree, and the arborist report. Planning Commission Minutes Approved 10/27/99 September 22, 1999 Page 3 Commissioner Cottrell observed if the garage was moved northwest in the direction of the 15 inch oak which will be removed, they may pick more distance between the garage and the 30 inch oak without increasing the amount of cut. Mr. Flury, although he was not sure of the impact, believed it would require more cut. CLOSED PUBLIC HEARING Commissioner Cottrell stated, overall, he liked the plan. He felt if the garage could be moved slightly without blocking the front door, he would prefer the change. He questioned sewer connection versus a septic system. The Planning Director noted it is a policy to request sewer connection when a property is within 400 feet. It is the proper orderly development of the land to require the sewer to be connected. However, it is up to the Commission to determine if it is unreasonable in this case. Commissioner Wong requested information regarding the intent of the sewer connection policy which was answered by the Planning Director. Staff requests sewer connection as projects come in for development. Commissioner Schreiner was concerned with the flat land house design on a sloped lot (Design Guidelines), and the non conforming garage going into the setback 22 feet. She referred to the Lands of Edwald on Altadena Drive project noting there was a balance of setback encroachments. She felt this use was more intense (converting a garage area into living space). She was also concerned with the 9 feet of cut by the garage which is excessive and causes a problem. The garage roof pitch of 9:12 is too high. She would like to see the garage moved with a combination of reducing the driveway width, and reducing the height of the roof (7:12). Although they will be seeing a change in the neighborhood, the Town has policies and guidelines to follow. Commissioner Gottlieb felt this was a beautiful house although it is not a hillside house (does not step with the land). The house should be reduced 2-3 feet to lower the impact on the neighbors, especially from Bassett Lane. She did not feel 7 foot plantings at the bottom of the hill will screen the site. The roof should be reduced, the garage moved, and the cut reduced. She felt oak trees added value to the property. She would like the oak tree saved and the site balanced. Chairman Jinkerson felt this was increasing a non conformity. The 9 foot cut exceeds the grading policy. The garage is too close to the oak tree, and he supported the previous comments, in particular, the non conformity, the cut, and connecting to the sewer system. As submitted, he could not support the project. Mr. Flury clarified that this is a remodel, not a new residence, so he did not feel they can step it down (existing home footprint). They are trying to bury much of the second floor in the roof height. He felt he could work with staff regarding the changes. Planning Commission Minutes Approved 10/27/99 September 22, 1999 Page 4 4 MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Gottlieb to continue the request for a Site Development Permit for a major addition, Lands of Richardson & Wilson, 11950 Rhus Ridge Road, to October 27, 1999, addressing the concerns voiced by the Commission, in particular, the 30 inch oak tree, the siting of the garage in order to minimize the cut, and try to reduce the visibility of the house in whatever manner possible. AYES: Chairman Jinkerson, Commissioners Gottlieb, Cottrell & Schreiner NOES: Commission Wong Commissioner Cottrell did not see how they can step down a remodel. This item will be re -noticed for a future agenda. Brief break at 8:03 p.m. 3.2 LANDS OF LAUER, Magdalena Avenue & Hillview Drive (179-99-ZP- SD-GD); A request for a Site Development Permit for a new residence and attached garage. Mr. O'Connor introduced this item by discussing the old subdivision conditions which had a development area restriction of 9,990 square feet. The applicant is proposing 9,614 square feet. The approximate net area excluding the creek is .7 acres. The development area figures were lowered due to the creek on the site. Commissioner Schreiner asked for clarification on the 60 foot flood line versus the 25 foot top of bank which was answered by staff. OPENED PUBLIC HEARING Tom Lauer, 5945 Fibbleton Place, San Jose, provided the application history. He only recently learned about the 25 foot top of bank setback. Now, due to the setbacks including the creek setback, the buildable area is reduced to a triangle shape. Now, he will need a variance. He would prefer being as far away from Magdalena Avenue as possible. Moving the house ten feet away from the creek is no problem. It is a single story design with the bedroom as far away from Magdalena as possible. This is why the garage is closest to Magdalena Avenue. He plans to provide thick screening along Magdalena Avenue for sound and appearance concerns. He planned to pave the access road at least to the property line. The arborist report suggested to move the driveway to save a few trees on the front right corner which is no problem. He further discussed saving as many trees as possible. The width of the house is between 33 to 45 feet. Scott Vanderlip, Pathway Committee, reiterated their request stating this is a very important pathway connection. It was not known who is actually responsible for this area (Los Altos Hills or County). Planning Commission Minutes September 22, 1999 Page 5 4 CLOSED PUBLIC HEARING Approved 10/27/99 Commissioner Cottrell would rather see the house moved away from the creek and into the setback, in an effort to provide more space from the creek and still stay away from Magdalena Avenue, even with a variance request (move straight south). Commissioner Gottlieb would prefer pulling the house off the creek. There is not much yard. She would rather see a variance for setbacks to get the garage on the private road side so they will not have to use all their development area on the driveway and perhaps pull the house even more forward so they can have some backyard area. She would rather see a reduced footprint with a tucked in second story then try to fit this house onto the site. There is a very small area for planting (10 foot strip by driveway). If they could reduce the driveway in any way, it would provide more of an area for screening. Commissioner Schreiner stated in order to grant a variance, they must make findings. She would find it impossible to make Finding #1, to encroach into the 25 foot setback that is required from Hale Creek. She liked the idea of a second story. The applicant can review reducing the width of the house in some areas in order to get it out of the 25 foot setback or a combination of the two. Putting the garage toward the front and having the driveway in the setback is a good idea. She was also concerned with erosion control. A combination of all suggestions would get the structure out of the setback. The house is a 26 foot high one story house. fit' Commissioner Wong clarified points made in the staff report. He asked the applicant why he designed a one story house. Mr. Lauer stated he prefers a one story house for himself. The main concern is the noise from Magdalena Avenue. He felt with fencing, screening, etc. you can mitigate the noise, but not with a second story. A second story would also be more visible. Chairman Jinkerson discussed balancing the use of the land. He felt this lot works better with a two story dwelling. If you want to use the maximum floor area you can either have a two story structure or request variances. Given this area and Hale Creek, he would not be in favor of granting a variance to be closer than 25 feet to the creek. Mr. Lauer stated without variances, he would only have approximately a 1,2000 square foot house. MOTION SECONDED AND PASSED: Motion by Commissioner Gottlieb and seconded by Commissioner Schreiner to continue for re -design the request for a Site Development Permit for a new residence, Lands of Lauer, 11993 Magdalena Avenue, directing the applicant to shift the residence ten feet closer to Magdalena Avenue and away from the creek, and re -notice the hearing, including required variances, to the October 27i° meeting, and working with suggestions and comments from the Commission regarding using a L combination of moving away from the creek and the use of a second story Planning Commission Minutes Approved 10/27/99 September 22, 1999 Page 6 4 AYES: Chairman Jinkerson, Commissioners Cottrell, Schreiner, Wong & Gottlieb NOES: None 3.3 Proposed ordinance amending Sections 10-1.1109, 10-2.1313(b), and 10- 2.1313(c) of the Los Altos Hills Municipal Code regarding appeals from decisions of the Planning Commission and Staff Committee. Staff had nothing further to add to the report. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded by Commissioner Wong to recommend to the City Council adoption of the ordinance amendment. AYES: Chairman Jinkerson, Commissioners Gottlieb, Wong, Schreiner & Cottrell NOES: None This item will appear on the October 21" City Council agenda. 3.4 Proposed ordinance of the Town of Los Altos Hills amending Section 10- 1.702 (k) of the Zoning Code to allow development of secondary dwelling units on lots with a minimum of one (1.0) gross acre; and Negative Declaration. Staff had nothing further to add to the report. Brief discussion ensued. Commissioner Schreiner was concerned with a detached garage with a secondary unit which would make them appear less subordinate. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded by Commissioner Gottlieb to recommend that the City Council approve the draft ordinance to allow second units on lots in excess of one (1.0) gross acre; and adopt the proposed Negative Declaration. AYES: Chairman Jinkerson, Commissioners Wong, Gottlieb, Cottrell & Schreiner NOES: None This item will appear on the October 21" City Council agenda. Planning Commission Minutes Approved 10/27/99 September 22, 1999 Page 7 4. OLD BUSINESS 4.1 Report from subcommittees 5.1 Planning Commissioner Vacation Schedule (regarding October 13, 1999). Due to staff and Commission scheduled vacations, the Commission agreed not to reinstate the October 13" meeting. 6. REPORT FROM THE CITY COUNCIL MEETING 6.1 Planning Commission Representative for September 16th, Commissioner Gottlieb, reported on the following items: the new City Manager, Mark Miller; introduction of Ordinance enabling the Town to provide for reimbursement agreements for sewer main extensions in the public right of way; report on Development Fees; Lands of LeFevre, Eshner Court and Silent Hills Lane; report on condition of Town Hall buildings; Utility and Information Systems Committee; Town's requirements for limiting the exterior color of new homes and roofs; modification to an approved Site Development Permit regarding exterior color, Lands of Weiler; and Lands of Wythe/Vitu. 6.2 Planning Commission Representative for October 7`h - Commissioner Jinkerson APPROVAL OF MINUTES 7.1 Approval of the August 25, 1999 minutes PASSED BY CONSENSUS: To approve the August 25, 1999 minutes. 7.2 Approval of the September 8, 1999 minutes PASSED BY CONSENSUS: To approve the September 8, 1999 minutes. S. REPORT FROM SITE DEVELOPMENT HEARINGS FOR SEPTEMBER 21 1999 8.1 LANDS OF GODINHO, 12250 Menalto Drive (207-99-ZP-SD); A request for a Site Development Permit for a landscape screening plan. Approved with conditions. 8.2 LANDS OF HUANG, 27760 Sherlock Road (213-99-ZP-SD); A request for a Site Development Permit for a landscape screening plan. Approved with conditions. Planning Commission Minutes September 22, 1999 Page 8 Approved 10/27/99 8.3 LANDS OF PRIME HOME DEVELOPMENT, 12125 Oak Park Court (210-99-ZP-SD); A request for a Site Development Permit for a landscape screening plan. Approved with conditions. 8.3 LANDS OF ROBINSON & IKEDA, 12238 Via Arline (215-99-ZP-SD- GD); A request for a Site Development Permit for a landscape screening plan. Approved with conditions. 9. ADJOURNMENT The meeting was adjourned by consensus at 9:25 p.m. Resecttff(ullly submitted, V Lam Smith Planning Secretary 4W