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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