HomeMy WebLinkAbout12/12/2002Minutes of a Regular Meeting Approved 1/9/03
Town of Los Altos Hills
PLANNING COMMISSION
Thursday, December 12, 2002, 7:00 p.m.
Council Chambers, 26379 Fremont Road
cc: Cassettes (2) #14-02
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; Angelica
Herrera, Assistant Planner; Lam Smith, Planning Secretary
2. PRESENTATIONS FROM THE FLOOR -none
liar 3. PUBLIC HEARINGS
3.1 LANDS OF KORMAN, 26157 Altadena Drive (203 -02 -LLA); A request
for a Site Development Permit for a lot line adjustment.
This item was continued to January 9, 2002 at the request of the applicant.
3.2 LANDS OF WILLIAMSON, 12012 Adobe Creek Lodge Road (193-02-ZP-
SO); A request for a Site Development Permit for a landscape screening
plan (continued from November 14, 2002).
Commissioner Kerns stepped down from the hearing due to the proximity of his residence
to the project site.
Staff (Angelica Herrera) introduced this item by discussing the continuance from the
previous meeting to provide time for the Commission and staff to review the stain that had
been applied to the retaining walls by the applicant without notification.
OPENED PUBLIC HEARING
Mont Williamson, 12012 Adobe Creek Lodge Road, applicant, discussed the plantings of
shrubs and ivy in the area to allow the retaining walls to blend into the surroundings.
Planning Commission Minutes Approved 1/9/03
December 12, 2002
Page 2
Sandy Humphries, Environmental Design Committee, stated she liked Boston ivy however
it requires much water noting the need for drought resistant type of plantings on this
hillside. Also, the wild flowers will not hold this steep hillside. It requires bunch grasses,
small plantings and much more than what was put in for hydro seeding. She felt Rosemary
was a better choice than Boston ivy.
CLOSED PUBLIC HEARING
Brief discussion ensued. All were in support of the project.
MOTION SECONDED AND PASSED: Motion by Commissioner Clow and seconded by
Commissioner Wong to approved the Site Development Permit for a landscape screening
plan, Lands of Williamson, 12012 Adobe Creek Lodge Road, with the following additions
and changes to the conditions of approval: delete condition #3; and add to condition #1 to
include bunch grasses.
AYES: Chairman Vito, Commissioners Cottrell, Clow & Wong
NOES: None
ABSTAIN: Commissioner Kerns (stepped down)
This item is subject to a 23 day appeal period.
4 3.3 AMENDMENT (CLARIFICATION OF WORDING) TO THE TOWN'S
ZONING CODE WITH REGARD TO THE BASEMENT DEFINITION
(SECTION 10-1.208).
This item was introduced by staff (Debbie Pedro) which was previously discussed at the
November 14`h meeting. She provided overhead examples of the proposed amendments to
the basement ordinance.
OPENED PUBLIC HEARING
CLOSED PUBLIC HEARING
Discussion ensued. The diagrams provided as examples were very good. Although the
diagrams will not be a part of the ordinance, they will he a part of the basement definition
handout. It was noted that there was a separate section in Municipal Code regarding
chimneys which are exempt from the "35 foot from lowest to highest" regulation.
MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded
by Commissioner Clow to recommend to the City Council approval of the proposed
amendments to Section 10-1.208 of the Los Altos Hills Municipal Code (Basement
Definition) as presented.
AYES: Chairman Vita, Commissioners Wong, Clow, Cottrell & Kerns
NOES: None
Planning Commission Minutes Approved 1/9/03
December 12, 2002
Page 3
3.4 LANDS OF RAO, 12835 Lucem Lane (188-02-ZP-SD-GD); A request for
a Site Development Permit for an addition.
This item was introduced by staff (Debbie Pedro). She noted that the application is for a
1,076 square foot first and second floor addition to an existing house. As part of this
construction remodel project the applicant is also modifying the driveway and replacing
the existing roof and walls of the house. The proposed driveway design does not meet the
town's grading policy. According to the applicant's engineer, the proposed driveway
modification is necessary in order to accommodate the expanded garage and to allow the
applicants to maneuver into and out of the garage from the driveway. Up to 5 feet of fill is
proposed between the north side of the driveway and the retaining wall.
OPENED PUBLIC HEARING
Richard Hato, 843 Valencia Lane, Campbell, applicant's representative, felt the project was
self explanatory. He was available for questions. Commissioner Cottrell asked if they
considered two retaining walls for terracing rather than sloping it. Mr. Hato stated he did
not know as this was designed by the engineer.
CLOSED PUBLIC HEARING
Commissioner Kerns had no problem with the three foot retaining wall. Commissioner
Clow felt this was a reasonable project. Commissioner Cottrell supports the project
although he would have preferred two walls. Commissioners Wong and Vitu both
supported the project.
MOTION SECONDED AND PASSED: Motion by Commissioner Kerns and seconded by
Commissioner Clow to approve the request for a Site Development Permit for an addition,
Lands of Rao, 12835 Lucero Lane, with the recommended conditions of approval.
AYES: Chairman Vito, Commissioners Cottrell, Wong, Clow & Kerns
NOES: None
This approval is subject to a 23 day appeal period
3.5 LANDS OF GORMAN & CHENG, 24004 Oak Knoll Circle (201-02-ZP-
SD); A request for a Site Development Permit for a landscape screening
plan.
Staff (Angelica Herrera) provided an overview of the applicant's request for the landscape
screening plan. The new residence is visible from surrounding streets and properties due
to: (1) lack of existing vegetation on the site, (2) the location of the house on the highest
flat area of the property, and (3) the color the exterior finish and roof materials (although
kw they conform with the light reflectivity value, they do not help the structure blend into the
Planning Commission Minutes Approved 1/9/03
December 12, 2002
Page 4
lkow natural surroundings). Due to these issues, staff has added to condition #2 that all
plantings on the plan shall be installed prior to final inspection of the new residence.
OPENED PUBLIC HEARING
Bruce Chan, 923 Arguello Street, Redwood City, project landscape architect, described the
proposed landscaping. Besides the three existing trees, they plan to add 33 more trees
which include mostly evergreens along the southern and western slope and also adding
over a 100 shrubs as well. They plan to add more trees as time goes on. The Gormans
want to live in the house to see where they want more trees placed. He noted a correction
to the plan regarding the mailbox location. They wanted to locate it across from the
pedestrian walkway not adjacent to the driveway as shown on the plans. They would also
like to add two columns adjacent to the driveway but in back of the setback area.
John Gorman, 1311 Cuernavaca Circulo, Mountain View, applicant, did not agree with the
requirement to have all the plantings installed prior to final inspection of the new
residence. He noted this has been a five year process since purchasing the lot to where
they are today. They are very anxious to move in by Christmas due to the number of
relatives planning to visit. He asked that the landscape plan be approved with the
stipulation that they would be able to put up a bond for the landscaping. He noted the
comment in the staff report regarding the color of the residence stating it was a medium
gray which was not bright. He further discussed the close neighbors and their visibility.
He noted that the courtyard area is the primary view of this house and they have planned
for adequate plantings in that area. Also, the prime time for planting is from March
through April, asking for additional time for planting the trees.
Commissioner Clow felt the house was very visible from the far end of the Quarry but the
plans do not indicate screening in that area. Mr. Gorman stated there are already trees on
both sides of the pool area.
Bruce Chan noted the previous request for additional plantings on the southwestern slope
to soften the look which are shown on the plans before them.
Commissioner Kerns indicated two obvious areas in need of trees: southern comer at the
top, and between the evergreens along Stonebrook Drive. He felt it would be nice to have
a tree in both locations, nothing too tall to block views. Mr. Gorman was in agreement.
Discussion ensued regarding bonding for the landscaping ($25,000) which would be
installed within six months (one oak tree at the comer and two additional 15 gallon Deodar
Cedar between the evergreens along Stonebrook Drive).
CLOSED PUBLIC HEARING
Planning Commission Minutes Approved 1/9/03
December 12, 2002
Page 5
4W Commissioner Clow voiced support of the project with the changes suggested ($25,000
bond; additional trees previously noted, and the requested pillars and mail box as shown on
the plans). Commissioners Cottrell, Wong, Kerns and Vitu also voiced support.
MOTION SECONDED AND PASSED: Motion by Commissioner Wong and seconded
by Commissioner Kerns to approve the request for a Site Development Permit for a
landscape screening plan, Lands of Gorman & Cheng, 24004 Oak Knoll Circle, with the
following additions/changes to the conditions of approval: $25,000 bond for landscaping
to be installed within six months; approving the pillars and mailbox move; and requiring
the additional trees (one oak tree at the comer and two additional 15 gallon Deodar Cedar
between the evergreens along Stonebrook Drive).
AYES: Chairman Vitu, Commissioners Kerns, Wong, Cottrell & Clow
NOES: None
This approval is subject to a 23 day appeal period.
3.6 LANDS OF WEALE, 27181 Sherlock Road (93-02-ZP-SD-GD-
VAR); A request for a Site Development Permit for a new residence
and swimming pool, and variance to encroach into the 40 foot front
setback.
Staff (Angelica Herrera) provided an overview of the site development permit request. She
noted that the applicant has requested that the pool area be withdrawn from the application.
Staff has received letters of concern from the following: Freda Hofland, Dona
Charkowicz, Lester Thompson, and Mr. and Mrs. Patmore. Staff provided a statement
outlining and discussing the neighbors concerns. The main concerns involve the heritage
oaks that are on the property which are meant to be protected, and with the construction
within the dripline of tree #2. Staff has added a condition of approval requiring an arborist
report be submitted prior to final inspection stating the health of all of the heritage oak
trees on the site and recommendations in terms of the grading and the work that was done
within the dripline to determine if it was done according to the arborist recommendations.
She further discussed the review process for the landscape screening plans. Another
concern was the maximum development area numbers. The proposed MDA for the
property is 7,500 square feet. The applicant proposed 7,237 square feet. Staff and the
architect did not take into account the lower driveway on the south portion of the lot that
was to be removed with the existing residence. Because of the revisions that have been
done to the siting of the house, the lower driveway now needs to be kept in order to access
the forth parking space. This added an additional 400 square feet to the development area
figures, bringing it over the allowable. The applicant has withdrawn the pool area in order
to comply with the MDA. Other concerns involved the house located within setback,
incorrect boundary, and three stories on a ridgeline. Commissioners Vim, Cottrell and
Kerns disclosed they had met with the applicants on the site. Discussion ensued regarding
the applicant being burdened with the 60 foot road right of way since they own both sides
Planning Commission Minutes Approved 1/9/03
December 12, 2002
Page 6
4 of the road, rather than the usual 30 foot half width. The Planning Director referred to the
General Plan Circulation and Scenic Roadway Elements.
OPENED PUBLIC HEARING
Torin Knorr, 253 South B Street, San Mateo, project architect, provided a history of the
project, the variance request, the height, meeting with the neighbors, and working with
revisions. He provided renderings of the project noting the house is actually a stepped
house. He noted that the MDA/MFA is now in conformance and that the 23" oak tree will
not be impacted by the basement. They have addressed the parking issue. He also noted
that this house is not the only house on the ridge top, some even encroaching into the
setbacks. He provided a number of views of homes on ridge tops from Deer Springs Road,
Altamont Road, and Sherlock Road toward Sherlock Court.
Howard Weale, 720 Dolores Street, Stanford, applicant, purchased the property 1'h years
ago. He and his wife enjoy the rural and wooded area. They have worked hard to
accommodate the neighbors. There appears to be two concerns: encroachment within
setbacks, and the style not fitting into the neighborhood. They have proposed a home to fit
their family needs, all within code. He felt the variance findings were reasonable.
Sylvia Weale, 720 Dolores Street, Stanford, applicant, noted that they did consider a one
t story home but decided on two stories to preserve the land. They are very sensitive
4/ regarding the existing trees. The three trees to be removed are in the center of the lot. She
referred to condition #11 regarding conservation easement over all undeveloped portions
of the property where the slope is 30% or greater, requesting this be changed to 50% or
greater.
Lester Thompson, 27070 Sherlock Road, is located to the east of the building site. From
his direction this structure appears as a full three story structure which will overlook his
master bedroom and bath. He did not feel the new landscaping could mitigate this
problem. This three story structure will also be visible from Hidden Villa Ranch including
the trails on Elephant Mountain, Deer Park Lane, and Byrne Park Lane. He felt this
violates the Site Development Ordinance with regard to multi -stories on a ridgeline, and
the Zoning Code with regard to the 35 foot special height limitation. The chimney above
the roof line is at elevation 754 feet. The difference of 42 feet exceeds the 35 foot special
height limitation. He felt the grading cut for the basement is in conflict with the Arborist's
report. This alarms him since the basement grading excavation will be substantially within
the dripline of the following oak trees: #2, #6, #7, and #13. This excavation appears
especially inappropriate inasmuch as the four trees are an important part of the applicants
use of natural vegetation to reduce the obtrusive nature of the two story structure on a
ridgeline.
Dona Charkowicz, 27223 Sherlock Road, provided a letter of concerns regarding the
L Heritage Oaks, the MDA, the house located within setback, the incorrect boundary, and the
haw three stories on a ridgeline. The Heritage Oaks provide shielding. Tree #2 has been
Planning Commission Minutes Approved 1/9/03
December 12, 2002
Page 7
4 pruned without an arborist present and shrubs have been removed by the contractors.
Contractors have stripped away bark leaving gashes on the trees. The staff report does not
mention the damage to the trees. From the road you can see houses on Sherlock Road but
they have privacy between the properties. If this house was moved away from the setback,
it would allow an area for landscaping. The parking is not adequate suggesting parking on
the other side. She further discussed views from her home, the incorrect boundary, and
three stories on a ridgeline.
Freda Hofland, 27070 Sherlock Road, provided a history of the project noting plan 1 was
not in conformance, and plan 2 was better but still not in conformance. She felt the
Heritage Oak trees safety was in question. She referred to the staff report, page 15,
variance findings (modest home and modest increase in floor area), noting the applicants
have alternatives: (1) build a one-story residence using the stepped down natural
landscape and lower pad with less height on the ridgeline; (2) reduce the size of the
residence; and (3) build two structures, one on either side of the road, as the former owner
did. She concluded stating they expect the project to meet current Town regulations
regarding MFA/MDA, setback, definition of a basement, height, and preservation of
Heritage Oaks. She asked for careful attention to the sensitive ridgeline and the tree issue.
Chris Schiebold, 27260 Sherlock Road, is currently building a house on his property which
is a one story structure. He objected to a two story home on the ridgeline which has
maxed out all of the height restrictions. This will be a very visible house referring to
Article 7 of the Municipal Code. This proposed house belongs on a flat two acre site, not
on a prominent ridge in Los Altos Hills.
Susan Stutz, 27260 Sherlock Road, noted they are currently under construction. She felt
the neighborhood was great and they received support regarding their new construction.
She felt it was easy working with staff on a project that met an codes and ordinances with
the help of their architect. As noted in the staff report, staff had advised the applicants of
Code Section 10-2.702(b). She asked the Commission to make the best decision they can
so they can all return to being good neighbors.
Sandy Humphries, 26238 Fremont Road, thanked the neighbors for their concern regarding
protecting the trees and the ridgeline. She referred to the change to the slope density
formula which allowed constraint lots more area. However, people are still applying for
variances because they cannot fit their house on the lot. The edge is pushed again.
Torin Knorr, architect, read a portion of Article 7, building siting, view protection,
ridgeline preservation, creek protection, item (4) noting they have adhered to three out of
four items. He discussed the stepping of the structure, the height of the chimneys (10-
1.504(1)), view of Mr. Thompson's site, the square footage of the basement including a
400 square foot garage, and the tree pruning done by an irresponsible contractor and the
arborist report regarding the pruning. These trees have never been pruned. Normally, the
trees are pruned prior to construction. Regarding the house to the street and having the
property developed on the lower area, the driveway would not meet the Town grading
Planning Commission Minutes Approved 1/9/03
December 12, 2002
Page 8
4W policy for a driveway. The lower area also has the septic system. This is not a three story
structure and they have met the variance findings. It was noted that the arborist was aware
of the full basement when making recommendations.
Sylvia Weale discussed the pruning of an oak tree which had only one large limb cut off
which should not effect the screening. Also, they have changed the septic system which
was approved today and revised plans should be received. Lastly, she disagreed with the
three story facade noting it would not be visible.
CLOSED PUBLIC HEARING
Commissioner Clow felt the site could not support everything the applicants are proposing.
He would not support anything more than a one story structure on this site. This is a
ridgeline, and highly visible site. These oak trees should be preserved (preserve ridgeline).
He also cannot support the variance request. Again, they are putting too much living area
on this site. He was concerned with the fact that every neighbor spoke out against the
project. He would prefer a redesign to a one story, not impacting the oaks, and not in the
setbacks.
Commissioner Kerns felt this was a difficult site. The applicants have tried to make
adjustments to accommodate the neighbors. They have sited the house as good as they
could. He was concerned with the protection of the trees, making sure to reduce the impact
on them. He could support the height as the site can be mitigated. The encroachment into
the setback was not a concern as the existing structure encroaches more and pushing the
house back would impact the trees. He was concerned with the 60 foot right of way as he
felt the road would never be widened suggesting leaving the current 25 foot right of way.
The request for a conservation easement over 50% or greater slopes rather than 30% or
greater slopes was agreeable.
Commissioner Wong felt the project conforms with the code. He would like to see an
arborist on site to make sure the trees are protected. He also felt a one story home would
be more damaging to the site. The variance request was a concern asking that the design
be worked out to eliminate the variance.
Commissioner Cottrell discussed ridgelines noting there are houses all over that ridgeline
and all over town. As long as this house meets the height requirements, he can support the
two story structure. It is a large house for the site but the size could be reduced to avoid
the variance. He agreed that the trees should be protected also requesting an arborist be
present during construction of the structure and basement. This is not a three story
structure. There can be additional landscaping to mitigate any concerns. He also agreed
with the applicant regarding the conservation easement over 30% or greater slope is too
restrictive, recommending 50%.
V
Planning Commission Minutes Approved 1/9/03
December 12, 2002
Page 9
Chairman Vitu did not feel this was a highly visible lot and it is well screened with the oak
trees. A one story home would be more disruptive on this site. Regarding the variance,
the road right of way makes this site very restrictive which is an excessive burden on the
property. Many of the homes along Sherlock Road are built very close to the road. This is
actually an improvement as the existing structure is closer to the road. She was also
concerned with protecting the trees requesting the presence of an arborist on site during
construction. She also agreed with the request for a conservation easement over the 50%
or greater slopes.
MOTION SECONDED AND PASSED: Motion by Commissioner Kerns and seconded by
Commissioner Cottrell to change the wording in condition #11 from 30% to 50% slopes
and add "following the tree canopy line as shown on the site plan", Lands of Weale, 27181
Sherlock Road.
AYES: Chairman Vita, Commissioners Wong, Clow, Kerns & Cottrell
NOES: None
Discussion ensued regarding condition #23 and possible modifications to the right of way
or to shift the house to possibly eliminate the variance request. Also discussed was
changing the 40 foot setback to 30 foot setback referring to the Inglin project on Moody
4 Road. The Planning Director reviewed setbacks per code.
MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded
by Commissioner Kerns to approve the request for a Site Development Permit for a new
residence and variance to encroach into the 40 foot front setback; Lands of Weale, 27181
Sherlock Road, with the following additions/changes to the conditions of approval: the
structure must meet the height ordinance; arborist report required on the health of tree #2
prior to acceptance of building plans for plan check; implement arborist recommendations;
verify chimney height conforms with code; and revised condition #1 stating the pool is not
a part of this approval.
AYES: Chairman Vita, Commissioners Kerns & Cottrell
NOES: Commissioners Wong & Clow
This approval is subject to a 23 day appeal period.
3.7 LANDS OF CINGULAR WIRELESS (Lands of Sarraf), 11997 Hilltop
Drive (210 -02 -CUP); A request for a Conditional Use Permit renewal.
This item was introduced by staff (Angelica Herrera) noting this was a renewal of an
existing Conditional Use Permit. No change is proposed to the existing facility. Since this
facility was found to comply with the required CUP findings and the Wireless
Communications Policy when it was originally approved, and no complaints or other
Planning Commission Minutes Approved 1/9/03
December 12, 2002
Page 10
problems related to the facility have been identified since that time, the Commission might
consider recommending approval of the renewal to the City Council,
OPENED PUBLIC HEARING
Zachary Carter, 2216 The Alameda, Santa Clara, Cingular Wireless representative, was
available for questions.
CEASED PUBLIC HEARING
Brief discussion ensued with all voicing support of the renewal. Commissioner Clow
encouraged cell sites on residential properties.
MOTION SECONDED AND PASSED BY CONSENSUS: Motion by Commissioner
Clow and seconded by Commissioner Cottrell to recommend approval to the City Council
for a renewal of the Conditional Use Permit, Lands of Cingular Wireless (Lands of Sarraf),
11997 Hilltop Drive with the previously approved conditions and findings.
This item will appear on a future City Council agenda.
4. OLD BUSINESS
V 4.1 Report from subcommittees -none
5. NEW BUSINESS -none
6. REPORT FROM THE CITY COUNCIL MEETING
6.1 Planning Commission Representative for November 21" Commissioner
Vitu, reported on the following: Lands of Evershine; Lands of Huang; and Lands of
Campbell & Ligeti (continued to December 19, 2002).
6.2 Planning Commission Representative for December 5th provided a brief
overview.
6.3 Planning Commission Representative for December 19'h — Commissioner
Cottrell
Sandy Humphries, Environmental Design Committee, felt more study is needed regarding
the reduction in area from 30% to 50% slopes for conservation easements. The Planning
Commissioners are not just the stewards for their own town regarding water, but also for
Palo Alto, Los Altos as well as Los Altos Hills. She believed only research has been done
in one portion of the General Plan. There are many other elements of the General Plan that
t support the 30% slope for more than one reason. However, she did not feel this has been
�r investigated far enough. The 30% slope has been used since the General Plan has been
Planning Commission Minutes
December 12, 2002
Page 11
Approved 1/9/03
written. If this is the case, why would 50% slope be used when there are hardly any 50%
slopes in town. This requires more investigation. This change has not been reviewed by
the Planning Commission or the City Council. The change, ultimately, will be devastating
to the vegetation and to the wildlife of this town. The devastation will be immense.
Research should be done immediately by Planning.
The Planning Director provided a brief explanation regarding the use of the 50% slope for
conservation easements. The Council did vote on the direction for the use of a 50% slope
conservation easements. It would be a good idea to update the Land Use Element of the
General Plan to map the water shed areas.
APPROVAL OF MINUTES
7.1 Approval of November 14, 2002 minutes
APPROVED BY CONSENSUS: To approve the November 14, 2002 minutes.
8. REPORT FOR FAST TRACK SITE DEVELOPMENT MEETING OF
DECEMBER 10 2002
8.1 LANDS OF FLAKE & HEDAYATI, 12445 hilltop Drive (137-02-ZP-SD-
L GD); A request for a Site Development Permit for a new residence
fir' (continued to December 17, 2002).
9. ADJOURNMENT
The meeting was adjourned by consensus at 10:10 p.m.
Respectfully submitted,
"ALa�
Planning Secretary