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HomeMy WebLinkAbout08/08/2002Minutes of a Regular Meeting Approved 9/12/02 Town of Los Altos Hills PLANNING COMMISSION Thursday, August 8, 2002,7:00 p.m. Council Chambers, 26379 Fremont Road cc: Cassettes (2) #08-02 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 Vitu, Commissioners Clow, Cottrell, Kerns & Wong Staff: Carl Cahill, Planning Director; Debbie Pedro, Assistant Planner; John Chau, Assistant Engineer; Lam Smith, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR -none 3. PUBLIC HEARINGS 3.1 LANDS OF DEBOO, 12105 Oak Park Court (102-02-ZP-SD); A request for a Site Development Permit for a new driveway. Staff (Debbie Pedro) introduced this item by providing the background for the request for a new driveway which was due to safety and security issues. She highlighted issues regarding oak trees, the keystone design and the Town grading policy. The plan has been reviewed by the Fire Department. Commissioner Cottrell commented on safety due to the steep slope. OPENED PUBLIC HEARING Farokh Deboo, 12101 Oak Park Court, applicant and owner of 12105 Oak Park Court also. He provided a history of the two properties and the safety and security issues regarding their current access onto the property. They purchased the adjacent property so they could have two completely independent lots. The neighbors have all responded positively to the proposal. There are no view issues and the use of Keystone is compatible with the existing situation. Jitka Cymbal, Westfall Engineers, Inc., 14583 Big Basin Way, Saratoga, project engineer, discussed the driveway design. Regarding safety, they could attach a railing to the Keystone retaining wall. Planning Commission Minutes Approved 9/12/02 August 8, 2002 Page 2 Sandy. Humphries, Environmental Design Committee, was concerned with the two oak trees which are located in the vicinity of the new driveway. She asked that the trees be protected. Mr. Deboo referred to the arborist report which stated the trees should have minimal impact from construction. They will take care of the trees. CLOSED PUBLIC HEARING Commissioner Wong felt the issues were simple; keep the trees healthy. Commissioner Kerns had no problem with the application, only with the safety of the oak trees. He suggested having the arborist present when the tree(s) were pruned. Commissioner Cottrell agreed although he would also like to see a curb in the steep area. Commissioner Clow agreed that these are important oak trees. The motivation for the steep grade of the driveway was to save the oak trees. The Commission does have discretion regarding grading. Chairman Vitu also agreed with previous comments and with the reason for the private driveway to the property. She also agreed with adding a condition regarding having the arborist present during the pruning. MOTION SECONDED, AMENDED AND PASSED: Motion by Commissioner Kerns and seconded by Commission Wong to approved the request for a Site Development Permit for a new driveway, Lands of Deboo, 12105 Oak Park Court, with the following additions/changes to the conditions of approval: An arborist shall be present during grading and supervise pruning of the oak tree(s) and shall provide a letter attesting to the health of the oak tree(s). AYES: Chairman Vita, Commissioners Clow, Cottrell, Kerns &Wong NOES: None This approval is subject to a 22 day appeal period. 3.2 LANDS OF CI -IAN, 11635 Dawson Drive (13-02-ZP-SD-GD); A request for a Site Development Permit for a new residence. Staff (Debbie Pedro) introduced this item by providing an overview of the review process and the grading policy. Commissioner Kerns felt the turnaround area was a very tight configuration (safety issue). OPENED PUBLIC HEARING Preston Chan, owner of 11635 Dawson Drive, stated, as a civil engineer, he understood the garage area is tight but it can work. He tried to conform with the grading policy and height restrictions (35 feet). If they could go up two feet, the driveway would not have to be so long and cars could come in directly off of Dawson Drive. Marek Stoklosa, 480 Saint John Street, Pleasanton, project architect, stated the garage height is 14 %a feet as designed. If they raise the floor two feet it would reduce excavation by two feet. It Orr' would be easier to raise the foundation two feet so the driveway would be shorter and safer. Planning Commission Minutes Approved 9/12/02 August 8, 2002 Page 3 Everything else would stay the same. The overall height would be increased from 35 feet to 37 feet. This would require a variance. The Planning Director suggested allowing more cut at the end of the driveway and a taller retaining wall. This change would not require a variance. Babek Hedayati, 11629 Dawson Drive, lower property owner, was concerned with the safety regarding the driveway since his property is directly below this site. If the driveway was directly off of Dawson Drive it would be shorter which he prefers. He also requested that during construction of the driveway extra measures are taken to prevent slippage of any work or construction vehicles. Sandy Humphries, Environmental Design Committee, suggested raising the foundation by two feet then back fill which would result in less cut. Also there is a noise factor on this property suggesting using some type of noise reduction construction and perhaps using berms. CLOSED PUBLIC HEARING Commissioner Clow felt it was not appropriate to grant a variance which has not been properly noticed. He did feel the additional two feet of cut and one foot higher for the retaining wall was appropriate. Commissioner Cottrell agreed. He liked the house plans. He was not in favor of raising the overall height to 37 feet. He felt a larger cut was better, providing a shorter driveway. He also felt noise reduction measures were important. Commissioner Wong felt the house was well designed, following the contours. He agreed with the recommendation for a two foot cut and an increase in the retaining wall height. Commissioner Kerns also agreed with Commissioner Clow allowing the height of the retaining walls to increase to allow an additional two feet of backup space. He asked if the driveway could be moved somewhat up the hill to follow more closely with the contour lines. Also, this lot needs landscaping for screening and protection of views from the freeway. He further commented on the active fault approximately 300 feet away, the house design layout and not being in favor of increasing to height to 37 feet. Chairman Vitu also agreed with previous statements and in favor of the shorter driveway. MOTION SECONDED, AMENDED AND PASSED: Motion by Commissioner Cottrell and seconded by Commissioner Clow to approve the request for a Site Development Permit for a new residence, Lands of Chan, 11635 Dawson Drive, with the following additions/changes to the conditions of approval: The driveway entrance shall be relocated farther to the north and the length of the driveway shortened. The height of the retaining wall may be increased to allow an additional two feet of backup turnaround area in front of the garage. AYES: Chairman Vito, Commissioners Wong, Clow, Kerns & Cottrell NOES: None This approval is subject to a 22 day appeal period. v Planning Commission Minutes August 8, 2002 Page 4 Approved 9/12/02 3.3 LANDS OF BENZACAR, 25721 La Lanne Court (19-01-ZP-SD-GD); A request for a Site Development Permit for a new residence (continued from the July 23, 2002 Fast Track hearing). Commissioner Wong stepped down from the hearing due to the proximity of the application site to his residence. Staff (Debbie Pedro) introduced this item noting it was scheduled for a Fast Track hearing but there was some opposition from neighbors and it was scheduled for a Planning Commission hearing. Since that time, two more letters from neighbors (a petition and letter from Mr. and Mn. Fatemi) have been received. OPENED PUBLIC HEARING Roger Kohler, 721 Colorado Avenue, Palo Alto, project architect, stated he has been working with staff for two years on this project. He provided a cross section through the site and through the neighboring site on Miranda Way. This two story house has been sunken down into the grade. He referred to Attachment 4 of the staff report stating there will be a little roof showing but the applicant plans on landscaping the site and in a short while this view of the roof will disappear. They tried to lower the house and reduce some of the windows in the rear to comply with the neighbor's request. Will Clark, Lee Sung Engineering, project engineer, discussed drainage concerns stated they have worked hard to minimize the impact on the neighbors with on-site retention to detain some of the water on site and located the energy dissipater towards the rear of the property where it would have the least amount of impact. They are willing to work with staff regarding drainage issues. Sohrab Kianian, 14320 Miranda Road, bought their house two months ago. The realtor told them plans had been submitted for 25721 La Lanne Court for a one story home and that it would never block their views. The realtor also told them that during rainy season she had noticed that the neighboring site was like a marsh and drainage was a problem on that site. His main concern was if drainage effects neighbors, it would effect their property value. He further discussed view concerns which involved a huge red roofline. Currently, they have an unobstructed view. Homi Fatemi, 25691 La Lanne Court, discussed concerns regarding privacy and drainage. He felt the proposed plan had done a good job of capturing the surface water. He suggested a trench depth be a minimum of 7 feet. He was concerned with the runoff from the driveway which will be directed towards La Lanne Court and end up on his driveway. He suggested capturing the driveway water via a catch basin and then connecting this basin to the dissipater in the back of the property. He was also concerned the future landscaping will add to the drainage issues. He felt this added water will put pressure on the existing retaining wall on his property and may cause it to collapse as the excess surface and subsurface water can potentially accumulate under his crawl space and cause foundation damage. His final concern was the roof height of the new Planning Commission Minutes Approved 9/12/02 August 8, 2002 Page 5 construction. The height and windows facing his property will interfere with their privacy. He asked that the height be lowered. Mildred Gallo, 25720 La Lanne Court, discussed a previous situation she encountered on her property regarding drainage. She did not want the Fatemi's to experience the same situation. Sam Benzacar, applicant, felt there were two concerns: drainage and views. He will be happy to accommodate the neighbors regarding drainage issues. Regarding views, he did not feel this was an issue as you are bound to see rooflines. He has done everything to conform to Town policy and codes. He felt the previously approved plan was not good for the neighbors. His project will have minimal impact on views and heavy landscaping would impact their view. Sandy Humphries, Environmental Design Committee, suggested plantings, at maturity, be no higher than the roof. Susan Ezzati, 14320 Miranda Road, was concerned with the massive roof. She felt it would be better to lower the height of the structure and change the color of the roof to blend into the neighborhood. She would prefer looking out onto greenery. Sohrab Kianian, 14320 Miranda Road, was concerned with the water runoff associated with a heavy landscape plan which will create even more drainage concerns. Fat Fatami, 25691 La Lanne Court, reviewed her addition/remodel application completed three years ago noting that they considered the effects on their neighbors. She thought it was unfair that they would be having a two story structure looking down onto their property. She asked that no more trees be removed and that the windows on her side of the property be reduced. Dot Schreiner, 14301 Saddle Mountain Road, discussed the conditions of approval, recommending adding the reflectivity value of 40% or less for this site as a condition. Sandy Humphries, Environmental Design Committee, need to consider putting in partial drip irrigation system to help with water mitigation. Mr. Benzacar in answer to comments, he commented that the roof will not be red but a Mission style with a variety of colors. Regarding trees, he loves trees as they add to the value of the site. He did not feel it was a realistic request to lower the house. Will Clark, Lee Sung Engineering, project engineer, discussed controlling the drainage and their willingness to work with the neighbors. Commissioner Clow asked about the 14" tree (20d) next to the lower driveway marked to be removed, asking if it could be saved by moving the driveway. Mr. Benzacar thought this was possible. Commissioner Kerns asked if the house could be moved slightly back to save a 14" tree close to the light well. Mr. Benzacar did not feel this was possible (house would be higher) but suggested transplanting the tree. He noted any change will impact something. Planning Commission Minutes Approved 9/12/02 August 8, 2002 Page 6 CLOSED PUBLIC HEARING Commissioner Cottrell noted the major drainage issues and reviewed all proposed drainage measures shown on the plans and the engineer agreeing to increase the depth of the trench, if necessary. He thought they should review the neighbor's retaining wall. He felt the site could be sufficiently landscaped to hide the roof and suggested a condition of approval regarding the roof reflectivity vale of 40% or less. Commissioner Clow agreed. He was not in favor of asking the application to lower the house. Having landscaping to mitigate the visual impact is a great idea. He reiterated his request to maintain the 14" tree in the front to hide the structure. He could make findings that this is a visible structure and should impose the reflectivity value for the roofing material. Commissioner Kerns liked the architecture of the house and had no problem with the height. He would like to see them work with the neighbors regarding landscaping to mitigate the house. He also felt adding some additional drainage grates across the entrance of the driveway would be helpful. He would also like to save the 14" tree in the front and the other 14" tree by the light well. He did not feel this was a highly visible house. Chairman Vitu agreed with previous comments. The applicant has done an excellent job with siting the house. The roof can be mitigated with landscaping and the applicant can work with the neighbors regarding drainage issues, in particular, the retaining wall and the runoff from the driveway. She agreed with adding a condition regarding roof reflectivity value. MOTION SECONDED, AMENDED AND PASSED: Motion by Commissioner Clow and seconded by Commissioner Cottrell to approve the request for a Site Development Permit for a new residence, Lands of Benzacar, 25721 La Larne Court, with the following additions and changes to the conditions of approval: (1) add to #2, Trees shall also be planted along the western property line to screen the roof from the adjacent property at 14320 Miranda Way. The existing 14" tree located along the south property line shall not be removed. The applicant shall make a reasonable attempt to preserve or relocate the 14" tree northeast of the main entrance. (2) The roof material shall have a light reflectivity value of 40 or less and made of a non -reflective material. and (3) The applicant shall revise the drainage plans to address runoff from the driveway and drainage impacts to the neighbor's retaining wall at 25691 La Lanne Court. The trench energy dissipaters located in the rear of the property shall have a depth of 7 feet. AYES: Chairman Vitu, Commissioners Kerns, Clow & Cottrell NOES: None ABSTAIN: Commissioner Wong (stepped down) This approval is subject to a 22 day appeal period. 3.4 ORDINANCE AMENDMENTS TO THE TOWN'S ZONING CODE WITH REGARD TO DRIVEWAYS (SECTION 10-2.1102). The Planning Director introduced this item by noting the ordinance is in line with what the Planning Commission had forwarded to the City Council. Staff is recommending one change on driveway widths: "(g) Driveways shall meet all standards for width, vertical Planning Commission Minutes Approved 9/12/02 August 8, 2002 Page 7 clearance, grade, surface, weight, turning radius, turnouts, and turnabouts as established by the Santa Clam County Fire Department except that driveway width shall not exceed 12 feet when located in required setbacks." The ordinance amendment would set Town driveway design standards to be generally consistent with Fire Department standards with the exception of driveway width in setbacks. The Fire Department indicates that 14 -foot wide driveways are preferred with no exceptions. Staff recommends that driveway width be maintained at 12 -feet in width for at least that portion located in the setbacks. This is to minimize the appearance of asphalt paving in the setbacks and to provide more space for landscaping. Discussion ensued. OPENED PUBLIC HEARING Dot Schreiner, 14301 Saddle Mountain Drive, felt they should take the Fire Department recommendations. She liked the recommendation for the Town to have some leeway. She was concerned with the statement that in the setbacks they can only have a width of 12 feet. If she was an applicant, that is what she would go for which would give them more development area to use elsewhere. She was also concerned with the statement in # (h) asking what happened to the 10 foot grading restriction. Sandy Humphries, Environmental Design Committee, asked if the intent is to reduce the amount of paved surfaces, they should eliminate circular driveways. Breene Kerr, 27261 Sherlock Road, asked if this meant that the driveway has to be paved? The Planning Director explained what was required regarding weight requirements and the length of the driveway. Mr. Kerr was reluctant to have everyone pave their driveways. He preferred maintaining the rural community. Evan Wythe, 13828 Moon Lane, stated that the committee reviewing this question wanted to reduce the driveway width to a minimum of 12 feet as approved by the Fire Department or maximum 14 feet for the whole driveway. The Committee wanted to negotiate with the Fire Department for the 12 foot width. Commissioner Kerns recommended "except the driveway width shall be 12 feet". Commissioner Clow proposed a new (g), as follows: 'Driveways shall meet all standards for width, vertical clearance, grade, surface, weight, turning radius, turnouts, and turnabouts as established by the Santa Clara County Fire Department except that driveway width shall not exceed 12 feet where located in required setbacks." adding "Where the placement of a driveway would require the removal of a heritage oak, that oak may be allowed to encroach on the driveway, provided there is at least 10 feet clearance and that the fire department does not object." This new wording would give them an opportunity to save oak trees. Planning Commission Minutes August 8, 2002 Page 8 Approved 9112102 Evan Wythe discussed Heritage Oak defined by Town definition, suggesting replacing "Heritage Oak" with "mature oak". For clarification, the Planning Director read the tree ordinance wording. Sandy Humphries, Environmental Design Committee, noted four years ago they allowed turnarounds and backup areas in setbacks which created the promotion of fencing between properties rather than landscaping. CLOSED PUBLIC HEARING MOTION SECONDED, AMENDED AND PASSED: Motion by Commissioner Kerns and seconded by Commissioner Cottrell to recommend to the City Council approval of the amendments to the Town's Zoning Code with regard to driveways (Section 10-2.1102), changing "g" as follows: "Driveways shall meet all standards for width, vertical clearance, grade, surface, weight, turning radius, turnouts, and turnabouts as established by the Santa Clara County Fire Department, except that driveway width shall be a minimum of 12 feet and where the placement of the driveway would require the removal of a tree, that tree may be allowed to encroach on the driveway provided there is at least a 10 foot clearance and the Fire Department does not object." AYES: Chairman Vita, Commissioners Wong, Clow, Cottrell & Kerns NOES: None This item will be scheduled for a City Council agenda. 4. OLD BUSINESS 4.1 Report from subcommittees -none 5. 5.1 Discussion regarding preservation of Westwind Bam and conservation of Byrne Preserve open space lands. Commissioner Clow stepped down from the discussion due to the proximity of his residence to the discussed sites. Chairman Vitu added this item to the agenda as she felt there was some misconception concerning the Council's efforts to take an inventory of Town owned property. She did not feel properties should be sold unless there is support from the majority of residents. She asked if the Commissioners could make a recommendation to the City Council that they would not sell or change the use designation of any Town owned property without the support of the majority of Town residents. All Commissioners agreed. Commissioner Wong felt they should be thinking about improving the land, making it more valuable to the Town residents. OPENED PUBLIC HEARING Planning Commission Minutes Approved 9/12/02 August 8, 2002 Page 9 Nancy Couperus, 13680 Page Mill Road, was pleased with the recommendation and hoped this included the O'Keefe Lane property. Dan Alexander, 27200 Elena Road, was also delighted and agreed with the recommendation. Sandy Humphries, 26238 Fremont Road, stated off road easements and pathways in Town were given in exchange for something else. They are also public lands. Breen Kerr, 27261 Sherlock Road, voiced support regarding the proposed recommendation by the Commission. Evan Wythe, 13828 Moon Lane, questioned the wording the Commission will be using. Dot Schreiner, 14301 Saddle Mountain Drive, asked that the recommendation to the City Council be on the ballot stating no open space shall ever be sold without the vote of the people. CLOSED PUBLIC HEARING Chairman Vitu felt the issue regarding pathways or easements was a separate issue. MOTION SECONDED AND PASSED: Motion by Chairman Vitu and seconded by Commissioner Kerns to forward general recommendation as follows: We recommend that the Council take action to prevent the sale or change of use designation of any Town owned property without the support of the majority of residents. AYES: Chairman Vitu, Commissioners Wong, Clow, Cottrell & Kerns NOES: None ABSTAIN: Commissioner Clow (stepped down) Commissioner Kerns asked that this item be on the next City Council agenda. 6. REPORT FROM THE CITY COUNCIL MEETING 6.1 Planning Commission Representative for July 4`s — cancelled 6.2 Planning Commission Representative for July 10, no report provided 6.3 Planning Commission Representative for August 151, Commissioner Kerns, reported on the following: Town wide noticing regarding the new Town Hall; ballot measure on undergrounding utilities; and Mora Heights Way sanitary sewer connection request (continued). Planning Commission Minutes Approved 9112102 August 8, 2002 Page 10 V 7. APPROVAL OF MINUTES 7.1 Approval of July 11, 2002 minutes PASSED BY CONSENSUS: Motion by Commissioner Cottrell, seconded by Commissioner Clow and passed by consensus with Commissioner Wong abstaining, to approve the July 11, 2002 minutes. 8. REPORT FOR FAST TRACK SITE DEVELOPMENT MEETING OF JULY 23, 2002 8.1 LANDS OF MCKEE, 13888 Fremont Pines Lane (69-02-ZP-SD); A request for a Site Development Permit for a secondary dwelling unit. Approved with conditions. 9. ADJOURNMENT The meeting was adjourned by consensus at 9:20 p.m. Res tfully submitted, L ni Smith Planning Secretary