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HomeMy WebLinkAbout07/12/2001Minutes of a Regular Meeting Approved 7126/01 Town of Los Altos Hills PLANNING COMMISSION Thursday, July 12, 2001, 7:00 p.m. Council Chambers, 26379 Fremont Road cc: Cassettes (2) #10-01 1. ROLL CALL AND PLEDGE OF ALLEGIANCE The Planning Commission regular meeting was called to order at 7:00 p.m. in the Council Chambers at Town Hall. Present: Chairman Cottrell, Commissioners Gottlieb, Vitu, Clow &Wong Staff: Carl Cahill, Planning Director; Matt Weintraub, Assistant Planner; Lam Smith, Planning Secretary Planning Consultant: Drummond Buckley LChairman Cottrell introduced an emergency item: Reorganization of the Planning Commission. MOTION SECONDED AND PASSED BY CONSENSUS: Motion by Commissioner Clow and seconded by Commissioner Vita nominating Commissioner Wong as Planning Commission Chair. MOTION AND FAILED: Motion by Chairman Wong nominating Commissioner Vitu as Vice Chair. AYES: Chairman Wong, Commissioner Vita NOES: Commissioners Cottrell, Gottlieb, Clow MOTION AND PASSED: Motion by Commissioner Cottrell nominating Commissioner Clow as Vice Chair. AYES: Commissioners Gottlieb, Clow & Cottrell NOES: Chairman Wong & Commissioner Vita 2. PRESENTATIONS FROM THE FLOOR -None Planning Commission Minutes July 12, 2001 Page 2 3. PUBLIC HEARINGS Approved 7/26/01 3.2 LANDS OF MENDEZ, 27581 Elena Road (54-01-ZP-SD-GD); A request for a Site Development Permit for a 13,000 square foot barn (maximum height 27 feet) and arena (continued from June 28, 2001). Staff had nothing further to add to the report. It was noted that letters from Mr. and Mrs. Ghafouri, Mr. and Mrs. Solomon, and Mr. and Mrs. Weiss were received. OPENED PUBLIC HEARING Ken Pastrof, Owen Companies, 455 S. San Antonio Road, Los Altos, applicant's representative, had arranged a meeting with the neighbors on Sunday, July 8' to review the plans. He provided an air photo showing the area and effected neighbors and provided a conceptual landscape plan which will be discussed by the landscape architect. Linda Royer, landscape architect, listened to the comments from the last meeting regarding dust, noise, smell, etc. She again reviewed the automatic natural By, non toxic, system to be installed, and manure collection which will be hauled off site. The arena area will be dust free. She reviewed views and the proposed landscape plan. The barn is designed to fit in with the oak trees. They will use evergreen and drought tolerant landscaping. They will move the dumpster for the manure closer to the bam. Ken Pastrof continued noting the concerns expressed regarding drainage. As a part of the conditions of approval they will be providing a final grading and drainage plan for review and approval. He stated that they will meet and/or exceed the standards in place at the Westwind Barn facility. He agreed with a deed restriction regarding no commercial use. It was noted that the Municipal Code provides for this private horse facility. There is no need for a Conditional Use Permit. Commissioner Gottlieb mentioned the downhill neighbor who expressed concerns regarding drainage at the previous meeting. Bob Owen, 455 S. San Antonio Road, Los Altos, project representative, has the same concerns expressed previously by Commissioner Gottlieb and the downhill neighbor. He has met with the downhill neighbor regarding their concerns and will do anything they can to maintain the water on the site. Nancy Ewald, Pathways Committee, when making the original recommendation for the pathway along the side of the property from the bulb of the cul-de-sac, they agreed to have the beginning of it only five feet wide, and once it went into the steep conservation easement, then it would be widened, meandering through the conservation easement. Now that she sees the double hedge on the landscape plan, she asked how it would all fit. She suggested the hedge be placed kW adjacent to the guest house so that the five foot wide path is maintained. They would prefer it be wider the entire way but they understood the Mendez' were adamant about wanting it narrower Planning Commission Minutes Approved 7/26/01 July 12, 2001 Page 3 4 due to the location of the guest house. She asked for consideration regarding what could be done about the hedge and the five foot wide beginning pathway. She also discussed future connections (Byrd Lane and Middle Fork Lane). Michael O'Malley, 27781 Edgerton Road, as a manure expert, stated the only problem with manure occurs when it is dumped on the property. Jan & Elsy Swanberg, 27741 Elena Road, voiced concern regarding drainage. He did not receive a notice for the Sunday meeting with the applicants. Reiterated comments regarding permission from Mrs. Brown to handle drainage on her side of the property. He asked for the planting of oak trees in their area for screening. Frank Quattrone, 13432 Middle Fork Lane, was not invited to the meeting with the applicants. He still felt the house and barn should be reviewed at the same time. Other concerns involved the ridgeline property, and view corridors from the main residence and barn area. Pete Foley, 13124 Byrd Lane, voiced concerns regarding the future house site which will be imposing and no options for siting if the barn and arena are approved first. He would prefer the future home not be approved at a "fast track' hearing. Bruce Meyer, 13000 Bryd Lane, agreed with Mr. Foley as they know nothing about the future house. He also requested that the future house be heard at the Planning Commission level, not Fast Track. Dot Schreiner, 14301 Saddle Mountain Drive, felt there were important issues addressed by the neighbors. She does see this property. She was in favor of the project but not in favor of the lack of conditions and controls that everyone in town with this type of facility has to abide by (Westwind Barn, Fremont Hills Country Club Stables, Cole Stables). The conditions do not mention anything about the operation of the facility. She would hope the main house will be required to be one story as many houses in the area were required to be one story, included her own. Denise Quattrone, 13432 Middle Fork Lane, stated she did not receive a notice of the Sunday meeting with the applicants. She was concerned with any night lighting of the area and not looking at the property as a whole. If approved tonight, she asked that they limit the area for the house placement. She felt the approval was premature. Sandy Humphries, Environmental Design Committee, noted that the Committee still has not received an arborist report which is very important. She asked that the landscape plan not be approved this evening. Speaking as a resident, she was pleased with the proposed landscape plan although she does not agree with planting grass. She was concerned with the grading for the barn and the change in grade due to the cut (twice her height). She was also concerned with the number of employees which will be hired to maintain the project, and with the placement of the barn. She thought the applicants should talk with all of the neighbors. Planning Commission Minutes Approved 7/26/01 July 12, 2001 Page 4 Ken Pastrof, addressing concerns, stated they could move the hedges out of the conservation area and there will be no night lighting of the area. Under Municipal Code, an accessory structure can be built prior to the main residence. They will bring in the landscaping plan for review sometime after framing. They can explore well options and the grading and drainage plan will be reviewed by many people before approved. A Conditional Use Permit is for a commercial venture. This will be a private, family facility. He asked again for the delay of the cul-de-sac improvements. They agreed with a deed restriction and will impose Westwind Barn standards. He noted it was not practical to have a one story facility for horses. He asked that they consider a few months of moving horses versus many permanent structures (subdivision). CLOSED PUBLIC HEARING Commissioner Gottlieb discussed the ridgeline and the future house being very visible (should be one story, no higher than 24 feet). They should condition the project similar to Westwind Bam (operating hours, no night lights, etc.). She was concerned with the kitchen and bath area within the bam and the proposed secondary dwelling unit, objecting to two secondary dwellings. She was also concerned with drainage, asking the applicants to work with the downhill neighbor. Commissioner Clow asked how they would enforce Westwind Barn type of conditions. He agreed with flagging the deed, no night lights, except for safety, no secondary unit within the barn, and no additional runoff shall be discharged. Commissioner Vita liked the project versus six to seven new houses if the property was subdivided. The applicants are allowed to apply for an accessory structure prior to their new residence (Municipal Code). She agreed with the deed restriction, the Westwind maintenance program for this facility, and delaying the construction of the cul-de-sac until after the barn is built. The landscape plan will be reviewed after framing. She had no problem with the kitchenette. Commissioner Cottrell agreed with previous suggested conditions of approval although he would prefer reviewing the house as well. Chairman Wong discussed this project versus a subdivision. He voiced support of the application. MOTION SECONDED AND PASSED: Motion by Commissioner Clow and seconded by Commissioner Vitu to approve the Site Development Permit for a 13,000 square foot bam (maximum height 27 feet) and arena, ands of Mendez, 27581 Elena Road, with the following changes/additions to the conditions of approval: deed restriction (no commercial use); staff review of standards of operation similar to Westwind Barn; no night lighting, except for safety (no lighting of the arena); no additional water on Elena Road and downhill neighbor; future house plans to be reviewed at the Planning Commission level (no Fast Track); defer construction of cul-de-sac; and the barn will not be used as a secondary dwelling unit. AYES: Chairman Wong, Commissioners Gottlieb, Vitu, Cottrell & Clow NOES: None This approval is subject to a 22 day appeal period. 46, n Planning Commission Minutes July 12, 2001 Page 5 Approved 7/26/01 3.2 LANDS OF MORA DRIVE SEWER PROJECT, unincorporated Santa Clara County lands located east of the Town of Los Altos Hills and south of the City of Los Altos, generally between Ravensbury Avenue and Interstate 280, including portions of West Loyola Drive, Mora Drive, and Berkshire Drive. PREZONING of approximately 245 unincorporated parcels by the Town of Los Altos Hills. Mr. Drummond introduced this item by stating the applicant proposes to prezone a portion of an unincorporated Santa Clara County "pocket" located east/southeast of the Town of Los Alms and southwest of Interstate 280 and the City of Los Altos. The prezone area includes properties on Ravensbury Avenue, West Loyola Drive, Mora Drive, a portion of Magdalena, and several smaller streets and cul-de-sacs within the San Antonio Hills area. The proposed prezone would have no force or effect on the subject properties. Rather, it would be used as a guide if any future annexation were to occur. Since no annexation is proposed as part of this proposal, approval of this application by the Town would in no way affect the zoning regulations that apply to the subject properties; the Santa Clara County regulations would continue to apply. He continued by stating Enrique Klein and Mora Drive Sewer Project, LLC, following direction from the Santa Clara County Local Agency Formation Commission (LAFCO) at its April 11, 2001 meeting, filed this application. At that time, LAFCO was considering a request for extension of sewer service to 28 homes located on Mora Drive with the San Antonio Hills area. In approving the request for sewer service on April 11, LAFCO also directed Mora Drive Sewer Project to file the application for a prezone with the Town of Los Altos Hills. The County kw zoning designation for the subject parcels is RIE-IAc (one family residence estate, 1 acre minimum). The entire San Antonio Hills area is currently designed by the Town as Residential Unit No. 6 which is consistent with the Town's Residential -Agricultural zoning designation. He explained the differences between the RIA and RIE designations. The Commission is acting in an advisory capacity on this application, making a recommendation to the Town Council. In addition to considering public testimony on this proposal, the Commission should consider the following: consistency with the Town of Los Altos Hills General Plan; conformity with development standards; and conformity with Land Use Regulations. Commissioner Gottlieb questioned the impact on the Town's current sewer system (capacity) and reimbursement by newly connected property owners. The Planning Director noted that an action this evening will have no impact on the residents of Los Altos Hills. OPENED PUBLIC HEARING Enrique Klein, Mora Drive Sewer Project, provided the steps taken with the County over the past two years. The prezoning of this area was a pre -condition placed by LAFCO to grant their application of a sewer system/extension along Mora Drive. All costs are paid for by the Mora Drive Sewer Project. LAFCO granted an approval after two years and the approval was conditioned on them applying for the prezoning. The homes approved by LAFCO are 28. The basins are larger but the other property owners chose not to join the Mora Drive Sewer Project. This is one of the items needed prior to review of annexation. For clarification, it was noted that ` they have already fulfilled the requirement for the sewer by bringing the application forward, Planning Commission Minutes Approved 7126/01 July 12, 2001 Page 6 whether the Commission or Council votes to approve it or not. The main interest is to see the annexation of pockets such as theirs to incorporate into Los Altos Hills. The law is very explicit; you must be contiguous to a town to be annexed. So they are getting things ready for a possible annexation. This is the reason that the prezoning was requested. Fred Knox, owner of one of the parcels on the map, voiced concern as 28 properties will benefit although there are 245 properties effected. He was concerned he would be restricted in some way with no advantage. It was noted there would be no restrictions until such time as properties were annexed. The prezoning would not impose the Town's restrictions or regulations on this property owner. Alan Epstein, 23828 Ravensbury Avenue, noted that Ravensbury is the dividing line between the unincorporated County and Los Altos Hills. There are approximately 53 properties along Ravensbury which are contiguous with Los Altos Hills who are interested in being annexed. They have brought this before the Town Council who were supportive in at least considering this. The prezoning is the first step in the process in the annexation consideration. He voiced support of the project. Enrique does not the prezoning to get the sewer system, those of us (53 home owners) who are contiguous to Los Altos Hills along Ravensbury who are interested in annexation and obtaining sewer service are in favor of the prezoning, requesting approval, which is the first step in the annexation process. Mr. Klein clarified that it was not true that the entire "pocket" would need to be prezoned for Mr. Epstein to be annexed. He felt this was important to now. Bill on Berkshire Drive, wanted to know if, as a resident on Berkshire Drive , does he have an opportunity to join a sewer district? Mr. Epstein responded yes. CLOSED PUBLIC HEARING Discussion ensued regarding the approval of the prezoning and the possible annexation in the future which would be an involved process. Any annexation would have to be studied and reviewed. It would be redundant to have everyone (53 properties) go through the prezoning again. Commissioner Gottlieb felt there was not enough information available regarding sewer capacity and the effects on Los Altos Hills. Chairman Wong reiterated the fact that there is no impact and the prezoning will save time and effort for later. Commissioner Vitu was all for reducing bureaucracy and they will be reviewing the annexation more intensely when it comes in. She had no objections to the prezoning. Commissioner Cottrell also felt there was no impact. MOTION SECONDED AND PASSED: Motion by Commissioner Vitu and seconded by Commissioner Clow to recommend approval to the City Council, for the unincorporated Santa Clara County lands located east of the Town of Los Altos Hills and south of the City of Los Altos, generally between Ravensbury Avenue and Interstate 280, including portions of West Loyola Drive, Mora Drive, and Berkshire Drive for prezoning of approximately 245 unincorporated parcels by the Town of Los Altos Hills, LANDS OF MORA DRIVE SEWER PROJECT. Planning Commission Minutes July 12, 2001 Page 7 AYES: Chairman Wong, Commissioners, Clow, Vitu & Cottrell NOES: Commissioner Gottlieb This will appear on a future City Council agenda for public hearing. Brief break at 9:00 p.m. Approved 726/01 3.3 LANDS OF LAURA COURT ASSOCIATION, 28008 Laura Court (119-01- MISC); A request for a right-of-way vacation for a 20 foot wide portion of Stonebrook Drive near Laura Court. Staff introduced this item noting a recommendation for denial, although the application may be withdrawn at this point. He felt the request was to provide the applicant with additional floor and development area to add onto their house. He thought they had revised their calculations and realized they had higher numbers. Suggested asking the applicants. He discussed the applicants for the abandonment of a 20 foot wide portion of the Stonebrook Avenue right-of-way adjacent to the applicant's property. This may be irrelevant at this point if the applicant is still going forward with their request to withdraw their application. OPENED PUBLIC HEARING Mark Tersini, owner of the property, noted that he has received Site Development approval and building permits for a new residence. He has been working with the town for over a year regarding this right-of-way vacation. Teny Szewczyk, TS Civil Engineering, 90 N. First Street, San Jose, regarding the attempted withdrawal, they did send over calculations for MDARvIFA for staff review. Unfortunately, there has not been enough time for review to concur that it is acceptable and consistent with the proposed floor area for the project. The abandonment would give them 6,600 square feet development area. It turns out that the cabana being proposed is 250 square feet smaller than what they originally assumed. They have 6,300 square feet without the abandonment which is what is being proposed and derived by the calculations submitted today. He would like to move forward regarding why this portion should be abandoned. He further discussed the layout of the property, the old road and creek. If there is potential development on the Silver property, he felt the access would be from Prospect Avenue, not from this area. They were required to dedicate a conservation easement directly adjacent to this right-of-way. On their property, uphill, they have created a conservation easement. He felt the area in question was more suited as a trail easement. They are in favor of retaining the public trail easement and requested a recommendation for approval. The area gained would be an additional 300 square feet of floor area. Nancy Ewald, Pathways Committee, was unclear as to where the property line was located. She felt it was important to retain a pathway which would connect with the property above it which is beautiful for riders and walkers. She asked that the off road pathway be retained there. L L Planning Commission Minutes Approved 7/26/01 July 12, 2001 Page 8 Sandy Humphries, Environmental Design Committee, agreed that the riparian area should be maintained although she did not believe that the current road right-of-way should be abandoned. CLOSED PUBLIC HEARING Discussion ensued regarding the new 'Net Area Definition' which will appear on the City Council agenda August 2, 2001. The Commission was not comfortable abandoning the right-of- way. It was noted that a denial would not be holding up his new residence, only the cabana construction. MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded by Commissioner Gottlieb to recommend denial to the City Council, findings that the right-of-way abandonment request is not consistent with the objectives of the Town's General Plan at this time. AYES: Chairman Wong, Commissioners Gottlieb, Vitu, Clow & Cottrell NOES: None This item will appear on the City Council agenda. (. 3.4 LANDS OF MACOMBER, 25980 Vinedo Lane (93-01-ZP-SD-GD-VAR); �h' A request for a Site Development Permit for a new residence and pool; and variance to allow parking area encroachment into setbacks. Staff introduced this item noting a correction on page two of the staff report, and the receipt of a letter of support for the project and variance signed by four neighbors. The applicant is proposing to demolish the existing driveway, which is located partially within the southern and western setbacks, and to construct a new driveway and parking area near the new garage location, closer to Vinedo Lane. The new driveway and parking area greatly reduces the amount of paved area within setbacks. The two outdoor parking spaces would encroach approximately 13 feet into the eastern setback, with a total of approximately 240 square feet of parking area located within the setback. He further discussed the constraints (steep slopes, private street easement) of the property. Commissioner Gottlieb did not agree with using a 30 foot setback for all four sides of the property. She did not feel this was a flag lot. OPENED PUBLIC HEARING Scott Macomber, 25980 Vinedo Lane, applicant, felt the design of the house fits well on the site and have openly discussed the plans with his neighbors who are in support of the project. He discussed the pathway easement requesting deletion as it will dead end at the Packard property. Mr. Packard had the easement over 50 years, and never used it. When he built the fence around his orchard 10 years ago he made no provision for access into his orchard via this easement. In fact, preserving the orchard was one of the things he was working on before he died, assuring his kw lands would remain intact. His Foundation is aware of this so the probability of any Planning Commission Minutes Approved 726/01 July 12, 2001 Page 9 4 development is remote and the requirement for them to dedicate a permanent easement for a pathway along the potential future road into the unlikely future development is unwarranted. A pathway from Vinedo Lane into the orchard would dramatically change the privacy and character of his home as well as the entire neighborhood. Vinedo Lane is a private road, very narrow and a safety issue. He noted that there is already an existing pathway through the Packard property 200 yards down Elena Road from Vinedo Lane. Nancy Ewald, Pathways Committee, discussed the request for an easement for an off road pathway easement for an off road path. There has been some changes relating to the Packard property and there are future possibilities for pathways. They are not recommending a IIB path, only an off road path easement. She felt there would not be any car traffic as there is no place to park and pathways contribute to security. Also, pathways provide alternate routes in case of fire, etc. Sandy Humphries, 26238 Fremont Road, questioned the liability on either a private or public road. Staff suggested asking the City attorney. Arnie Burg, 25961 Vinedo Lane, voiced support of the project and the deletion of the pathway request. Steve Johnson, 25981 Vinedo Lane, also voices support. He would be concerned with any added activity on this very narrow lane asking that it be maintained as is. Tod Johnson, 25900 Vinedo Lane, stated that the established pathway are valuable but he opposes the proposed pathway requested. He also voiced support of the project. Frank Barbara, 25960 Vinedo Lane, does not support the pathway request CLOSED PUBLIC HEARING Discussion ensued regarding the pathway request, parking within setbacks, and the new residence. Commissioner Clow was impressed with neighborhood support for the project and their opposition to the proposed pathway. MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded by Commissioner Vitu to delete #10, request for a dedication for a pathway easement. AYES: Chairman Wong, Commissioners Vitu, Clow & Cottrell NOES: Commissioner Gottlieb Planning Commission Minutes July 12, 2001 Page 10 Approved 726101 MOTION SECONDED AND PASSED: Motion by Commissioner Clow and seconded by Commissioner Vitu to approve the request for a variance, Lands of Macomber, 25980 Vinedo Lane, as noted in the staff report. AYES: Chairman Wong, Commissioners Clow, Vitu & Cottrell NOES: Commissioner Gottlieb MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded by Commissioner Vitu to approve a request for a Site Development Permit for a new residence and pool; and variance to allow parking area encroachment into setbacks, Lands of Macomber, 25980 Vinedo Lane, accepting the conditions of approval, deleting condition #10. AYES: Chairman Wong, Commissioners Vito, Clow & Cottrell NOES: Commissioner Gottlieb This approval is subject to a 22 day appeal period. 4. OLD BUSINESS 4.1 Report from subcommittees -none ibr 4.2 Building height and setbacks. The Commission discussed different scenarios regarding height and setbacks. They felt since the subject involved many issues, it may be appropriate to invite architects to provide their thoughts and ideas. This issues will be discussed at a future public hearing. 5. NEW BUSINESS -none 6. REPORT FROM THE CITY COUNCIL MEETING 6.1 Planning Commission Representative for July 5'" — cancelled 6.2 Planning Commission Representative for July 19t° - Commissioner Cottrell 6.3 Planning Commission Representative for August 2°a — Commissioner Wong APPROVAL OF MINUTES 7.1 Approval of the June 28, 2001 minutes PASSED BY CONSENSUS: To approve the June 28, 2001 minutes Planning Commission Minutes Approved 7/26/01 July 12, 2001 Page 11 8. REPORT FROM FAST TRACK MEETING-JULY 3 & 10, 2001 8.1 LANDS OF SANDLIN, 25720 Carado Court (271-00-ZP-SD-GD); A request for a Site Development Permit for a new residence and a secondary dwelling unit. Approved with conditions July 3, 2001. 8.2 LANDS OF KIZHEPAT & GOVIND, 24201 Hillview Drive (112-01-ZP-SD); A request for a Site Development Permit for a new residence and pool. Approved with conditions July 10, 2001. 9. REPORT FROM SITE DEVELOPMENT MEETING—JULY 3 & 10. 2001 9.1 LANDS OF KRUEP, 27466 Sunrise Farm Road (91-01-ZP-SD); A request for a Site Development Permit for a pool and landscape/hardscape improvements. Approved with conditions July 3, 2001. 9.2 LANDS OF TOMUSHEV, 27920 Roble Blanco Court (38-01-ZP-SD-GD); A request for a Site Development Permit for a minor addition and a pool. Approved with conditions July 10, 2001. 10. ADJOURNMENT The meeting was adjourned by consensus at 10:05 p.m. Respectfully yssuubiimttttte��d, Lam Smith Planning Secretary CJ