HomeMy WebLinkAbout06/05/2008Minutes of a Regular Meeting Approved 7/17/2008
Lr Town of Los Altos Hills
PLANNING COMMISSION
THURSDAY, June 5, 2008, 7:00 p.m.
Council Chambers, 26379 Fremont Road
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
The regular meeting of the Planning Commission was called to order at 7:00 p.m. in the Council
Chambers at Town Hall.
Present: Chairman Carey, Commissioners Cottrell, Clow, Collins and Harpootlian
Staff: Debbie Pedro, Planning Director; Richard Chiu, City Engineer; Brian Froelich,
Associate Planner; Nicole Horvitz, Assistant Planner; and Victoria Ortland, Planning
Secretary
2. PRESENTATIONS FROM THE FLOOR
Debbie Pedro, Planning Director, stated that at the meeting on May 8, 2008, the City Council had
approved Phase Three of the updated General Plan. On behalf of the City Council she
acknowledged Commissioner Cottrell's two years of dedication and hard work on the General
Plan Ad Hoc Committee by presenting him with a gift.
3. PUBLIC HEARINGS
Chairman Carey renumbered the agenda to hear item 3.2 first.
3.1 LANDS OF ASCENSION DEVELOPMENT, LLC, 26491 Ascension Drive, File #252-
07-ZP-SD-GD; A request for a Site Development Permit for a 6,034 square foot single story new
residence with a 5,785 square foot basement which includes an attached secondary dwelling unit
(maximum height: 24'6"), a 1,137 square foot cabana, and a 631 square foot swimming pool and
spa. The applicant is also requesting a grading policy exception for the pool, the
driveway/backup/access area adjacent to the basement garage, and portions of the side and rear
yards. CEQA Review: Categorical Exemption per Section 15303 (a) & (e) (Staff -Nicole
Horvitz). Continued from the May 1, 2008 Planning Commission meeting.
Planning Commission Ex Parte Contacts Policy Disclosure: Commissioners Clow,
Collins, Harpootlian and Chairman Carey had met both with neighbors and the applicant;
Commissioner Cottrell had met with the applicant.
Nicole Horvitz, Assistant Planner, presented the staff report stating that the project was
continued from the May 1, 2008, Planning Commission meeting. The project site is 1.07 acres in
size with a 12.24 percent slope. The proposed plan has a single story residence with a basement,
t4w cabana, pool and second unit in the basement area and includes an ADA ramp for access from
the driveway. The driveway along the northern property line would serve a three car basement
garage and the driveway along the southern property line would serve a two car garage at grade
Planning Commission Minutes Approved 7/17/2008
June 5, 2008
Page 2
�r level. Two rows of eucalyptus trees that provide significant screening are required to be
removed. The applicant confirmed with staff that two heritage trees had been removed prior to
application submittal. After consultation with the neighbors, a preliminary landscape screening
and tree replacement plan had been developed and submitted by the applicant. It included many
15 gallon shrubs planted around the perimeter of the property, five 84 inch box olive trees, two
24 inch box and two 36 inch box oak trees. Los Altos Hills Municipal Code requires a five to
one replacement ratio for heritage oak trees removed before application submittal. The proposed
grading policy exception included a 10 foot 6 inch cut for the driveway backup area for the
basement garage, 16 feet of cut for the ADA access ramp to the second unit and seven feet of cut
for the rear yard. Staffs recommendation included the removal of the ramp, pushing the terrace
walls forward to reduce the cut to 10' 6" and allow six feet of cut around the perimeter of the
house at a five foot distance from the house, and raise the elevation of the pool to meet the
grading policy limits.
Commissioner Cottrell asked if there was an alternative to the ADA access ramp.
Nicole Horvitz explained that for wheelchair access, the garage floor could be lowered two feet
to have the entire basement on one level.
Commissioner Harpootlian pointed out the other alternative for wheelchair access would be entry
to the main level and use of the elevator.
4b, Nicole Horvitz confirmed that there was no requirement for single family residential projects to
provide ADA access to the second unit.
Discussion ensued among the Commissioners and staff regarding previously granted grading
policy exceptions.
Chairman Carey asked if staff had any comments on the difficulty of obtaining a correct
topographical map for the project.
Richard Chiu, City Engineer, replied that a neighbor had brought to staffs attention that the
project's original topographical survey was incorrect. The applicant then submitted a new map
from a different surveyor, which was within acceptable tolerances of what is expected from a
survey.
Commissioner Harpootlian asked if other incorrect plans with an engineers' stamp had ever been
submitted.
Richard Chiu replied that staff accepts stamped and signed plans and surveys as accurate.
Debbie Pedro, Planning Director, said that she is not aware of any other submitted topographical
survey being challenged for accuracy.
Chairman Carey asked if two or four oak trees had been removed before submittal of the
application.
Planning Corianissiun Minutes Approved 7/17/2008
June 5, 2008
Page 3
rr Debbie Pedro confirmed that two heritage oak trees had been cut down, but it was not clear if the
other two trees removed had been large enough in diameter to be heritage oaks.
Commissioner Harpootlian had concerns about the grading policy exception in regards to the
basement ordinance.
Debbie Pedro explained that the Planning Commission had the authority to allow grading policy
exceptions. For this project, staff had prepared findings to support the additional cut for the
basement garage to allow a lowered profile of the house and the terraced retaining walls to help
reduce visibility from offsite.
Brad Blackman, applicant and Barton Court resident, extended an apology to the neighbors and
staff for the errors in the project submittal. The focus for this development had been
consideration of all the surrounding neighbors in order to protect their views by building a low
profile home. He is also committed to providing ADA requirements in the new home and
building it "green". He stated that lowering the basement garage floor by two feet would provide
easier access to the second unit.
Scott Stotler, designer, explained that the adjacent properties had been taken into consideration
to keep the impact of the new residence as minimal as possible. He felt the basement garage was
a good concept for keeping cars out of view. The tallest parts of the retaining walls are
approximately 85 feet from the street and include planters and screening plants to break up their
expanse of the wall. The circular driveway and landscape screening will keep most of the wall
from view. He was in favor of changing the proposed design to remove the ADA ramp. The
proposed grading in the rear yard provides extra neighbor privacy and easier access to the yard.
Commissioner Cottrell asked about the lower garage floor and the need for the ADA ramp.
Scott Stotler explained that the garage floor was originally the same level as the rest of the
basement but was raised to minimize the height of the retaining wall at the driveway back up
area. With the higher garage floor came the need for the ADA ramp. If the garage were dropped,
access to the second unit would be through the garage.
Commissioner Collins confirmed with Scott that the priority was to gain ADA access to the
second unit.
Mark Blackman, applicant, explained that Custom Dreams has made a focus of sustainable
development practices. This includes creating indoor and outdoor spaces that are useable and
accessible for everyone. There is a demand for secondary dwelling units that have ADA
compliance.
Commissioner Harpootlian suggested locating the driveway and garage at the same level of the
main structure and the elevator used as access to the secondary unit.
�, Mark Blackman stated that Commissioner Harpootlian's idea had been considered. However,
locating the driveways on the sides of the property provided the opportunity for more landscape
screening at the front of the property and a lower profile for the new home.
Planning Commission Minutes Approved 7/17/2008
June 5, 2008
Page 4
Scott Stotler stated that homeowners would rather see more landscape screening in the front of
their homes than garage doors and parked cars.
Commissioner Cottrell asked what the height of the proposed structure is in relation to the
existing structure.
Scott Stotler replied that the proposed ridge height for the new structure is considerably lower
than the existing house.
Brad Blackman said that the submitted design for the basement garage access was not the best
solution. He felt lowering the garage floor to the level of the rest of the basement made more
sense.
OPENED PUBLIC HEARING
Prabhat Dubey, Ascension Drive, stated he had viewed the proposed plans and was in full
support of the project.
Sandy Humphries, Environmental Design Committee, requested that the trees nearest Mr.
Zonate's property be kept pruned to a height as not to affect his garden. She also had concerns
that the width of the front yard iron fence was not wide enough for wildlife to pass through.
Mark Blackman said that the width of the fence and the need for wildlife passage would be taken
into consideration.
Tom Klope, Landscape Architect, said that the perimeter screening plan with the significantly
sized olive, oak and palm trees would provide privacy for the site. The neighbors had been
consulted on the location of the replacements for the heritage oak trees. Proposed for the area
near Mr. Zuino's pumpkin patch are Saratoga laurel shrubs that will be kept trimmed to 15 feet
in height. This should allow for enough sunlight on his pumpkin patch during the pumpkin
growing season.
Chairman Carey asked why only four oaks were proposed for the replacement of the heritage oak
trees that had been cut down.
Tom Klope answered that planting 10 new oak trees on the site would result in a landscape with
too many tall, thickly branched trees. Available for immediate planting were the large 20 foot by
20 foot olive trees to provide effective screening. The olive trees are easy to keep trimmed to 20
feet in height and allow for more sunlight on the site.
Brad Blackman, said that it was important to have the flat backyard play area and pool area
accessible from the house yet be out of view of the neighboring properties.
L CLOSED PUBLIC HEARING
Commissioner Collins supported the screening plan and felt needs had been addressed in
screening the house from view of the Zunino propety and also providing adequate sunlight for
Planning Commission Minutes Approved 7/17/2008
June 5, 2008
Page 5
the pumpkin patch. The additional cut in the basement for the purpose of ADA access would not
be noticeable and was the only reason to grant the exception. The grading exception for the cut
in the backyard area was not necessary and she supported staff's recommendation. She felt that
the entire back yard did not need to be ADA accessible.
Commissioner Clow did not think the oak trees had been cut to create more area for the future
structures. He was satisfied that the topographical survey issues had been resolved. He felt
lowering the basement garage was the best solution to provide ADA access and was a good
reason to allow the additional grading policy exception. He would support additional cut to have
a flat backyard and create more privacy for the neighbors. He felt the landscape screening plan
was very responsive to the neighbors' concerns.
Commissioner Cottrell felt lowering the garage was a better solution than the ADA ramp. He
supported a larger flat backyard area instead of the limited five foot area. The applicant should
be congratulated on the efforts to accommodate neighbor issues, particularly Vince Zunino's and
the measures taken to protect the pumpkin patch.
Commissioner Harpooflian felt that a change in policy was being set for the basement ordinance.
He would like the proposed retaining walls to be mitigated with tiered sections along the side of
the north driveway, the driveway moved down and made more "S shaped" to make the wall less
visible. He supported staffs' recommendation for the backyard grading. The landscape
` screening plan should be returned to the Planning Commission and the landscape screening
v deposit increased to $25,000.
Chairman Carey congratulated the applicant for their green building principles, trying to achieve
ADA access and working hard with the neighbors. The neighbors deserved credit for their
attention to details and the changes made because of their diligence. He felt convinced that
lowering the garage was better than the ramp for access to the second unit The landscape
screening plan should return to the Planning Commission and the landscape screening deposit
should be increased. Creating a flat backyard to make a more functional open area and lowering
the pool would be an advantage for both adjoining neighbors and applicant He supported a
grading exception for the backyard.
Debbie Pedro suggested inclusion of a condition of approval to ensure that the secondary unit
conforms to all ADA construction guidelines for the building permit.
MOTION SECONDED AND PASSED BY THE FOLLOWING ROLL CALL VOTE: Motion
made by Commissioner Cottrell and seconded by Commissioner Clow to approve the project
with a grading policy exception for the driveway and backup area including lowering the garage
by an additional two feet to allow the finish floor of the garage to be at 211.5, level with the rest
of the basement. Also, eliminated the proposed ADA access ramp and extend the planter to the
wall of the house as shown in the diagram.
` AYES: Commissioners Clow, Collins, Cottrell and Chairman Carey
NOES: Commissioner Harpootlian
Planning Commission Minutes Approved 7/17/2008
June 5, 2008
Page 6
Commissioner Harpootian explained that his no vote was prompted by the unmitigated height of
the solid wall on the side of the driveway.
MOTION SECONDED AND PASSED BY THE FOLLOWING ROLL CALL VOTE: Motion
made by Commissioner Clow and seconded by Commissioner Cottrell to approve a grading
policy exception for a cut of up to seven feet to create a flat rear yard and flat portions of the side
yard per the submitted plans.
AYES: Commissioners Clow, Cottrell and Chairman Carey
NOES: Commissioners Harpootlian and Collins
MOTION SECONDED AND PASSED BY CONSENSUS: Motion made by Commissioner
Harpoothan and seconded by Commissioner Collins to forward to the City Council the
recommendation to approve the project with an increase in the Landscape Screening Deposit to
$25,000 and the required review of the Landscape Screening Plan by the Planning Commission.
AYES: Commissioners Clow, Collins, Cottrell, Harpootlian and Chairman Carey
NOES: None
This item is subject to a 22 day appeal period and will be forwarded to a future meeting of the
City Council.
3.2 LANDS OF LAMPRON, 14238 Stanford Court; File #227-07-ZP-SD-GD-VAR; A
request for a Site Development Permit to replace/rebuild an existing swimming pool and
a variance to allow the pool and decking to encroach within the side yard setback. The
existing swimming pool and decking was approved to encroach 19 feet into the side yard
setback by the Planning Commission in 1968. CEQA Review: Categorical Exemption per
Section 15302 (Staff -Brian Froelich).
Planning Commission Ex Parte Contacts Policy Disclosure: Commissioner Clow had
met with the applicant.
Brian Froelich, Associate Planner, presented the staff report explaining the project as the
rebuilding of legal non -conforming swimming pool and decking in the side yard setback. In
1968 the Planning Commission had approved a variance for a pool and decking in the setback.
Section 10-1.401 (c) of the Zoning Code requires that when more than 50 percent of a legal non-
conforming structure is proposed to be rebuilt, the Commission must make two findings in the
affirmative. Site constraints include 30% and 40°% slopes in areas that are not in the setback,
nine heritage oak trees and a septic field. The applicant proposed to reconstruct the pool in a
similar location. Development area in the setback for the proposed project would be reduced and
setbacks increased by 11 feet. The pool equipment would be moved to a conforming location.
The neighbor nearest the setback encroachment had submitted a letter of support for the project
stating the privacy and visual impacts would be improved.
Commissioner Harpoothan asked about the proposed reduction in the size of the driveway.
Brian Froelich explained that a portion of the non -required circular driveway was being removed
to provide development area for the larger deck.
Planning Commission Minutes
June 5, 2008
Page 7
OPENED PUBLIC HEARING
Approved 7/17/2008
William York, applicant, explained that with the proposed pool project, none of the existing
screening would be changed and the pool equipment would be relocated further away from the
property line. He said that he had discussed the driveway guidelines with staff.
Commissioner Clow confirmed with the applicant that the change in the shape of the pool would
allow a pool cover to be installed for an increase in safety and energy efficiency.
CLOSED PUBLIC HEARING
MOTION SECONDED AND PASSED BY CONSENSUS: Motion made by Commissioner
Clow and seconded by Commissioner Cottrell to approve the requested Site Development permit
and variance with the recommended conditions and findings of approval in attachments I and 2.
AYES: Commissioners Harpootlian, Clow, Collins, Cottrell and Chairman Carey
NOES: None
This item is subject to a 22 day appeal period and will be forwarded to a future meeting of the
City Council.
`• 4. OLD BUSINESS
4.1 Water Conservation Sub -Committee Report
Commissioner Harpootlian reported that the Water Conservation Sub -Committee would hold a
meeting before the Planning Commission reconvened in July.
NEW BUSINESS
5.1 Consideration of Planning Commission Meeting Schedule for July 2008
The Planning Commission meeting for July was rescheduled for July 17, 2008.
6. REPORT FROM THE CITY COUNCIL MEETING
6.1 Planning Commission Representative for April 10th— Chairman Carey
6.2 Planning Commission Representative for April 24`h— Cancelled
6.3 Planning Commission Representative for May 8`h - Commissioner Collins
6.4 Planning Commission Representative for May 22"d - Commissioner Clow
reported on the change in management of the Town's Westwind Bam.
6.5 Planning Commission Representative for June 11`h —Commissioner Cottrell
` 6.6 Planning Commission Representative for June 26 — Cancelled
Planning Commission Minutes
June 5, 2008
Page 8
APPROVAL OF MINUTES
7.1 Approval of April 3, 2008 minutes
Approved 7/17/2008
MOTION SECONDED AND PASSED BY CONSENSUS: Motion by Commissioner Cottrell
and seconded by Commissioner Clow to approve the April 3, 2008 minutes as presented.
REPORT FROM FAST TRACK MEETING — APRIL 22 AND MAY 13. 2008
8.1 LANDS OF DUKE & CADEDDU, 11520 Old Ranch Road, File #9-08-ZP-SD-
GD; A request for a Site Development Permit for a new 5,987 square foot two
story residence and a swimming pool (maximum height: 27'feet). CEQA Review:
Categorical Exemption per Section 15303 (a) (staff -Nicole Horvitz) (Approved
with conditions).
8.2 LANDS OF GADIRAJU, 27880 Via Ventana Way; File #25-08-ZP-SD-GD; A
request for a Site Development Permit for a new 9,117 square foot two story
residence with a 4,376 square foot basement, 404 square foot attached secondary
dwelling unit, 424 square foot pool house, and 674 square foot swimming pool.
CEQA Review: 15303 (a) & (e) (staff -Nicole Horvitz) (Approved with
Lconditions).
REPORT FROM SITE DEVELOPMENT MEETING — APRIL 8, 15, 22, 29, MAY 13,
20, 27 AND JUNE 3. 2008
9.1 LANDS OF HYVER, 12366 Priscilla Lane; File #32-08-ZP; A request to install a
5' solid wood fence with a 12" lattice along the perimeter of the property and 6'
tall wood driveway gate. This fence requires a public hearing due to the removal
of the existing screening vegetation. CEQA review: Categorical Exemption per
Section 15061 (b) (3) (Staff -Nicole Horvitz) (Approved with conditions).
9.2 LANDS OF KELLY, 24221 Hillview Road; File 941-08-ZP-SD; A request for a
Site Development Permit for landscape screening. CEQA review: Categorical
Exemption per Section 15304 (b) (Staff -Nicole Horvitz) (Approved with
conditions).
9.3 LANDS OF KALKAT, 14132 Seven Acres Lane; File #45-08-ZP-SD; A request
for a Site Development Permit for landscape screening of a 3,425 square foot
major addition approved in February, 2007. CEQA review: Categorical
Exemption per Section 15304 (b) (Staff -Brian Froelich) (Approved with
lkw conditions).
Planning Commission Minutes Approved 7/17/2008
June 5, 2008
Page 9
`, 9.4 LANDS OF BOURGAN, 25875 Estacada Way; File #44-08-ZP-SD; A request
for a Site Development Permit for landscape screening of a 1,237 square foot
addition approved by the Planning Commission in June, 2007. CEQA review:
Categorical Exemption per Section 15304 (b) (Staff -Brian Froelich) (Approved
with conditions).
9.5 LANDS OF WYTHE AND VITU, 13828 Moon Lane; File #63-08-ZP-SD; A
request for a permit modification to re -grade the approved driveway and modify
the size of the approved patios. CEQA review: Categorical Exemption per Section
15304 (Staff -Brian Froelich) (Approved with conditions).
9.6 LANDS OF PHAN, 26181 Moody Road; File #49-08-ZP-SD; A request for a Site
Development Permit for landscape screening for a 5,295 square foot new
residence approved May 14, 2005. CEQA review: Categorical Exemption per
Section 15304 (b) (Staff -Nicole Horvitz) (Approved with conditions).
9.7 LANDS OF KLEIN, 26063 Todd Lane; File 4203-07-ZP-SD; A request for a Site
Development Permit for landscape screening of a 4,864 square foot new residence
and swimming pool approved in September 7, 2006. CEQA review: Categorical
Exemption per Section 15304 (b) (Staff -Brian Froelich) (Approved with
conditions).
9.8 LANDS OF JARVIS, 23923 Jabil Lane; File #53-08-ZP-SD; A request for a Site
Development Permit for a 4,666 square foot swimming pool, pool decking, and
spa. CEQA review: Categorical Exemption per Section 15303 (e) (Staff -Brian
Froelich) (Approved with conditions).
9.9 LANDS OF GHOSH, 12866 La Cresta Drive; File #51-08-ZP-SD; A request for a
Site Development Permit for landscape screening for a new 4,922 square foot two
story residence with a 3,182 square foot basement approved July 3, 2007. CEQA
review: Categorical Exemption per Section 15304 (b) (Staff -Nicole Horvitz)
(Approved with conditions).
9.10 LANDS OF ARUMILLI, 27933 Baker Lane, File #52-08-ZP-SD; A request for a
Site Development Permit for landscape screening for a new 5,212 square foot
two story residence with a 1,560 square foot basement approved June 22, 2004.
CEQA review: Categorical Exemption per Section 15304 (b) (Staff -Nicole
Horvitz) (Approved with conditions).
6
Planning Commission Minutes
June 5, 2008
Page 10
Approved 7/17/2008
9.11 LANDS OF ASKARINAM, 25838 Springhill Drive; File 94 -08 -PM; A request
for a Site Development Permit for a permit modification to an new residence
approved December 12, 2006 (file # 150-06-ZP-SD). CEQA review: Categorical
Exemption per Section 15303 (a) (Staff -Nicole Horvitz) (Approved with
conditions).
9.12 LANDS OF CORRIGAN, 13920 Fremont Pines Lane; File #100-08-ZP-SD; A
request for a Site Development Permit for landscape screening for a new two
story residence approved April 6, 2006. CEQA review: Categorical Exemption
per Section 15304 (b) (Staff -Nicole Horvitz) (Approved with conditions).
10. ADJOURNMENT
The meeting was adjourned by consensus at 8:52 p.m.
Respectfully submitted,
Victoria Ortland
Planning Secretary