HomeMy WebLinkAbout09/04/2008Minutes of a Regular Meeting Approved 10/02/2008
`r Town of Los Altos Hills
PLANNING COMMISSION
THURSDAY, September 4,2008,7:00 p.m.
Council Chambers, 26379 Fremont Road
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 Harpootlian, Commissioners Cottrell, Clow, Collins and Abraham
Staff: Debbie Pedro, Planning Director; Brian Froelich, Associate Planner; Nicole Horvitz,
Assistant Planner and Victoria Ortland, Planning Secretary
MOTION MADE AND FAILED DUE TO LACK OF SECOND: Motion made by
Commissioner Abraham to limit public comment time to three minutes and applicant
presentation time to ten minutes.
E 2. PRESENTATIONS FROM THE FLOOR
�y Sandy Humphries, Environmental Design and Protection Committee, requested consideration of
a hold on any applications utilizing artificial turf due to concerns over the lead content of the
product.
PUBLIC HEARINGS
3.1 LANDS OF BURGER, 11580 Old Ranch Road, File 412-08-ZP-SD-GD;
Consider a motion to rescind condition of approval #27 requiring the dedication
of a pathway easement on the property. CEQA Review -Categorical Exemption
per Section 15303(a) (staff -Brian Froelich).
Planning Commission Ex Parte Contacts Policy Disclosure: Commissioner Abraham had
attended the Pathways Committee meeting on August 22 and August 25 and had spoken to John
Burger and neighbor Wendy Cadeddu of Old Ranch Road. Commissioners Clow, Collins and
Cottrell had visited the site.
Brian Froelich, Associate Planner, presented the staff report stating that the new residence for the
Lands of Burger was approved at the July 17, 2008 Planning Commission meeting. Following
that meeting, the condition of approval requiring the existing private easement to be dedicated
for public use as a pathway was appealed by two Planning Commissioners. The Pathways
Committee was unclear about the existing easement on the property when they made the initial
recommendation. The Committee reconvened after more information regarding the Pathways
Map and existing easement was available and is now requesting a pathway in -lieu fee.
Planning Commission Minutes Approved 10/02/2008
September 4, 2008
Page 2
4 Discussion ensued regarding the Town's appeal process and the appeal of the pathway condition
for the Lands of Burger.
John Burger, applicant, stated that he would like to pay the pathway in -lieu fee and keep the
current easement private.
OPENED PUBLIC HEARING
Gary Dorchak, Old Ranch Road, said he had a similar easement on his property and supported
the proposed pathway in -lieu fee for the Lands of Burger.
CLOSED PUBLIC HEARING
MOTION SECONDED, AMENDED AND PASSED: Motion made by Commissioner Cottrell
and seconded by Commissioner Clow to rescind condition of approval #27 for the Lands of
Burger at 11580 Old Ranch Road and request a pathway in -lieu fee.
AYES: Commissioners Abraham, Clow, Collins, Cottrell and Chairman Harpootlian
NOES: none
This item is subject to a 22 day appeal period and will be forwarded to a future meeting of the
4 City Council.
3.2 LANDS OF ROELANDTS, 26401 Eshner Court, File #255-07-ZP-SD-GD; A
request for a Site Development Permit for a 5,735 square foot two story new
residence with a 2,845 square foot basement (maximum height: 26'6"). The
proposal includes the removal of a heritage oak tree and a request for a Grading
Policy exception for the house, sunken terrace and a detached garage. CEQA
Review: Categorical Exemption per Section 15303(a) (staff -Nicole Horvitz).
Continued from the July 17, 2008 Planning Commission meeting.
Planning Commission Ex Parte Contacts Policy Disclosure: Commissioners Abraham, Collins
and Cottrell had visited the site. Commissioner Clow had visited the site and had spoken to
neighbor Nobuko Cleary of Silent Hills Lane. Chairman Harpootlian had a phone conversation
with neighbor Nobuko Cleary of Silent Hills Lane.
Nicole Horvitz, Assistant Planner presented the staff report for the project which was continued
from the July 17, 2008 Planning Commission meeting. The applicant had been asked to address
several areas of concern from the Planning Commission. The applicant has submitted revised
plans to try to address these concerns. However, grading policy exceptions are requested for the
sunken terrace which requires an 8' cut where 4' is allowed; the new location for the detached
garage requires an 8' cut where 4' is allowed; and a small portion of the expanded lightwell on
the south side requires a overall cut of 18'6" (10' cut for basement and 8'6" for house where 8'
is allowed) with a 20' high retaining wall. Staff recommends that the expanded lightwell on the
460 south side is reduced to the minimum needed per building code.
Planning Commission Minutes Approved 10/02/2008
September 4, 2008
Page 3
4W Commissioner Abraham asked if the proposed placement of the solar panels was the most
efficient location on the roof.
Shad Shakralla, project manager, explained that a solar energy expert had not yet been consulted
regarding placement of the panels and wanted to keep the final placement of the solar panels
flexible.
Chairman Harpootlian asked if a pathway in -lieu fee was being requested.
Nicole Horvitz explained that the pathway along Eshner Court was required to be restored to a
type II B pathway.
Anthony Matisi, architect, in response to staffs recommendation to reduce the rear lightwell,
proposed a revised plan with the minimum width needed for the lightwell and an expanded area
for the stairway to function as a better exit.
Shad Shakralla, project manager, said the stairway would provide an easier egress from the
basement than a ladder.
OPENED PUBLIC HEARING
Nobuko Cleary, Silent Hills Lane, expressed concerned over the proposed removal of the
heritage oak tree and wanted further redesign of the project to save the tree. She requested
adequate landscape screening to be planted to provide privacy from the new residence. She
asked for minimal neighborhood disruptions during the construction period.
Rebecca -Sen Chan, Julietta Lane, stated that her property was adjacent to the project site and felt
the heritage oak tree proposed for removal provided screening and should be preserved. She
requested consideration of mature landscape screening installation prior to construction to
mitigate the impact on privacy created by the new house.
Shad Shakralla, project manager, said that the applicants are also concerned with privacy and
would plan and install landscape screening accordingly. As a project manager, he values a clean,
well-maintained jobsite and will work with the neighbors on Eshner Court to be considerate of
their concems over construction issues.
CLOSED PUBLIC HEARING
Commissioner Abraham felt the oak tree proposed for removal was not a healthy tree. Moving
the house downhill created a better environment for the healthy oak trees uphill. Relocating the
garage and rotating it had satisfied his concems over the location on the site. He concurred with
staff on the lightwells being restricted to the minimum required.
Commissioner Cottrell thought the applicant had followed the suggestions of the Planning
` Commission. The oak tree in question did not appear that it would survive construction of the
new residence. The expanded lightwell with the stairway would provide for an easier exit during
Planning Commission Minutes Approved 10/02/2008
September 4, 2008
( Page 4
an emergency than a ladder and the relocation of the detached garage approved the appearance of
the house. He supported the project including the stairway access for the three lightwells.
Commissioner Clow felt that a good job had been done in addressing the Planning Commission's
concerns but he was not in favor of changing the lightwell recommendation. He regretted the
loss of the existing oak tree. He would be supportive of relocation of the solar panels to the
south side of the roof if the applicant wanted to move them.
Commissioner Collins felt that new homes should be designed around heritage oak trees to
preserve them and unfavorably views the trend of removing heritage oak trees. She suggested
that a professional arborist's recommendation should be used in the health assessment of oak
trees. She supported the applicant's revised Lightwell design.
Chairman Harpootlian liked the resubmitted design. He accepted the arborist's report regarding
the oak tree's removal. He wanted the height of the revised Lightwell plan to be mitigated by
terracing the retaining wall.
MOTION SECONDED AND PASSED: Motion made by Commissioner Cottrell and seconded
by Commissioner Abraham to approve the requested site development permit and grading policy
exceptions subject to the conditions of approval in Attachment One; including upon expert
advice, relocation of the solar panels to the most efficient roof location and to require the
t landscape screening plan to be reviewed by the Planning Commission.
�y AYES: Commissioners Collins, Clow, Cottrell, Abraham and Chairman Harpootlian
NOES: none
Commission Clow asked what the extent of the grading exception was considering the change in
the lightwell design and what kind of precedent was being created.
Debbie Pedro, Planning Director answered that this was the first time this new design idea had
been seen using a retaining wall for a lightwell coupled with an 8' cut for a house. Staffs
recommendation is for lightwells to meet the minimum requirement.
Anthony Matisi, architect, explained that the retaining wall slants up from a height of
approximately 8' at the front to approximately 18' at the back.
Commissioner Clow noted that this grading exception would allow nearly twice the cut ever
granted by the Planning Commission.
Discussion ensued with ideas presented concerning the design of the lightwells.
Commissioner Cottrell suggested that the applicant work with staff to come up with a plan for
the lightwells that made sense.
440 Commissioner Clow felt that either staffs recommended minimized lightwells should be
required or a solution found by working with staff that is within the Town's ordinances but not
an 18' cut.
Planning Commission Minutes Approved 10/02/2008
September 4, 2008
Page 5
4
Debbie Pedro suggested that staff was willing to work with the applicant to develop a reasonable
solution. Staff would bring this part of the project back to the Planning Commission if needed.
MOTION MADE, AMENDED, SECONDED AND PASSED: Motion made by Commissioner
Cottrell and seconded by Commissioner Abraham to direct the applicant to work with staff to
develop a solution for the lightwell that meets the Town's requirements not to exceed a
maximum cut of 12' or a maximuml2'retaining wall and returned to Planning Commission only
if necessary.
AYES: Commissioners Collins, Clow, Cottrell, Abraham and Chairman Harpootlian
NOES: none
This item is subject to a 22 day appeal period and will be forwarded to a future meeting of the
City Council.
3.3 LANDS OF EPISCOPAL LAYMAN'S GROUP OF LOS ALTOS
(APPLICANT: AT&T WIRELESS), 26410 Duval Way, File #139 -08 -CUP -IS -
ND; A Site Development Permit and Conditional Use Permit for a wireless
communications facility consisting of six (6) panel antennas mounted to a 65' tree
pole and a (14'L x 22'W x 7'H) ground equipment shelter at the church property.
CEQA status -Initial Study/Mitigated Negative Declaration (staff -Brian Froelich)
4 (CONTINUED TO A FUTURE PLANNING COMMISSION MEETING).
3.4 LANDS OF EBEID, 28160 Story Hill Lane, File 4140-08-ZP-SD-GD; A request
for a Site Development Permit for a 5,166 square foot two-story residence with a
1,000 square foot basement. The proposal includes removal of one 18" heritage
oak tree and a request for a Grading Policy Exception for the driveway and rear
yard patio area with maximum cuts of up to 8 feet where 4 feet is the maximum
allowed. CEQA Review: Categorical Exemption per Section 15303(a) (staff -
Brian Froelich).
Planning Commission Ex Parte Contacts Policy Disclosure: Commissioner Abraham and
Chairman Harpootlian visited the site and met with neighbor Meredith Warshaw of Via Ventana
Way. Commissioners Clow, Collins and Cottrell had visited the site.
Brian Froelich presented the staff report for the new residence and grading policy exception for
the formerly Town owned 1.8 acre property on Story Hill Lane. The site has a 98 percent road
frontage. The design for the two-story home utilizes a section of the height ordinance that allows
increased height with increased setbacks. The proposed 60' front and 45' side and rear setback
would correspond to a 32' tall new residence with 5,166 square feet floor area. One 18" heritage
oak tree is proposed for removal. The grading policy exceptions include an area along the
driveway for ease of entry from Story Hill Lane and in the rear yard to create a usable outdoor
space. The Pathways Committee recommendation is for installation of a pathway on the west
side of Page Mill Road to connect Story Hill Lane to Matadem Creek Lane. A neighbor on Via
Ventana Way had submitted a letter to express their concerns over views, privacy and property
values.
Planning Commission Minutes Approved 10/02/2008
September 4, 2008
Page 6
4 Chairman Collins asked about the route of the water runoff for the site.
Jeff Lea, Lea and Braze Engineering, said the majority of the water including water from the
culvert from Page Mill Road would be routed around to the front of the lot by the culvert and
then to a dissipater.
Tuck Ebeid, applicant, explained that much time had been taken to design a plan for the site to
build a dream home for his family. He is concerned about privacy and will be considerate and
thoughtful to the neighbors when planning the landscape screening. The grading exceptions
being requested include the driveway access and a flat backyard area for a play area for his
children.
Commissioner Clow asked if it was possible to retain the oak tree proposed for removal
Tarek Ebeid stated that the site has in excess of 40 oak trees. The architect had worked to place
the new residence on the lot with as little impact to the trees as possible while preventing the
need to request additional grading exceptions.
Jeff Lea commented it is a difficult site and more constrained than most lots. The applicant was
willing to terrace the eight foot high backyard retaining wall.
OPENED PUBLIC HEARING
Meredith Warshaw, Via Ventana Way, said that the view from her home would be affected by
the new construction. She requested input into the materials and color used for the roof of the
structures. She thought the proposed pathway was unnecessary and would be unsightly.
Sandy Humphries, Environmental Protection and Design Committee, commented on the state of
the present erosion of the site caused by the drainage patterns in the area. She had concerns
about the increased force of the downstream water when the runoff is collected and directed
through a culvert. She felt caution should be taken when building in an area with drainage issues
and hoped the project's drainage plan would be carefully studied.
Nick Dunckel, Pathways Committee, explained that the pathway requested would help connect
the area's pathways and suggested that the curb along Page Mill Road be extended to delineate
the pathway from the roadway.
Ginger Summit, Pathways Committee, wanted the width of the pathway to reach the street curb
to increase visibility for safety to continue on to the other pathways of the area. The requested
pathway would provide connectivity for future pathways that are shown on the Master Pathways
Map.
CLOSED PUBLIC HEARING
$1W Commissioner Abraham commented on the good design for the site. He supported the Pathways
Committee's request to install the pathway. He felt that the impact on the neighbor's view
would not be great and a solar energy system should be considered for the new residence.
Planning Commission Minutes
September 4, 2008
Page 7
Approved 10/02/2008
Commissioner Clow thought that the design of the house fit the site and the grading policy
exceptions were warranted. He supported the application including the pathway
recommendation.
Commissioner Collins said the site was difficult and a beautiful house had been designed for the
lot. She felt that the location of structures should take into consideration the heritage oak trees
on the site. She supported the application but wished the oak tree could have been saved.
Commissioner Cottrell concurred with the other Commissioners on the good job of designing a
home for the lot. He felt the Town's ordinance limiting reflectivity from roof materials and
landscape screening should address the neighbor's view concerns. He supported the project.
Chairman Harpootlian stated that a good design was created for the difficult lot. He felt that the
drainage concerns would be worked out as the project progressed but he did not want water to be
moving across the public roadway. To address the neighbor's concerns he wanted consideration
given to the color of the new home's roof so it would blend in to the surroundings but did not see
a need to return the landscape screening plan to the Planning Commission.
MOTION SECONDED AND PASSED: Motion made by Commissioner Abraham and
seconded by Commissioner Cottrell to approve the requested site development permit with the
findings in Attachment Two and the conditions of approval in Attachment One.
AYES: Commissioners Collins, Clow, Cottrell, Abraham and Chairman Harpootlian
NOES: none
This item is subject to a 22 day appeal period and will be forwarded to a future meeting of the
City Council.
3.5 LANDS OF KENEHAN, 14555 DeBell Road, File #77-08-ZP-SD-VAR-CDP; A
request for a Conditional Development Permit for a 2,070 square foot addition
(max height 26 feet) and a Variance to allow one uncovered parking space to
encroach up to 10 feet into the front and 16 feet into the side property line
setbacks. CEQA Review: Categorical Exemption per Section 15301(e) (staff -
Brian Froelich).
Planning Commission Ex Parte Contacts Policy Disclosure: Commissioners Clow, Collins,
Abraham and Cottrell had visited the site.
Brian Froelich, Associate Planner summarized the application for the major addition and parking
variance on the conditional development permit site that has a lot unit factor of less than 0.5.
The existing home was constructed in 1955 before the Town was incorporated. The
neighborhood has many other CDP lots. The proposal includes a 2,070 square foot two-story
addition to the rear of the existing home. The size of the addition triggers onsite parking to be
brought up to current standard. Three puking spaces are available in the garage and the variance
Planning Commission Minutes Approved 10/02/2008
September 4, 2008
Page 8
requested is for a surface parking space in the setback. The project meets all other height and
floor area limitations.
Planning Commission Ex Parte Contacts Policy Disclosure: Commissioners Abraham, Clow and
Cottrell had visited the site.
Roger Kohler, architect said the existing home will remain mostly intact with construction of the
addition in the back. The view of the house will stay the same from the street.
OPENED PUBLIC HEARING
CLOSED PUBLIC HEARING
Commissioner Clow said the requested variance was consistent with previously granted
variances for small lots. He supported the application.
Commissioners Cottrell, Collins and Abraham concurred.
Chairman Harpootlian said that the proposed project was what the applicant wanted for the site
and he saw no reason not to approve it.
MOTION SECONDED AND PASSED BY CONSENSUS: Motion made by Commissioner
Cottrell and seconded by Commissioner Clow to approve the requested conditional development
permit and variance.
AYES: Commissioners Collins, Clow, Cottrell, Abraham and Chairman Harpoothim
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 a new brochure had been produced on landscaping for fire safety.
- none
6. REPORT FROM THE CITY COUNCIL MEETING
6.1 Planning Commission Representative for July 24`h — Commissioner Collins
6.2 Planning Commission Representative for August 14`h — Cancelled
6.3 Planning Commission Representative for August 28`t'— Commissioner Abraham
6.4 Planning Commission Representative for September 11th— Commissioner Abraham
40 6.5 Planning Commission Representative for September 25`h— Cancelled
Planning Commission Minutes Approved 10/02/2008
September 4, 2008
Page 9
7. APPROVAL OF MINUTES
7.1 Approval of July 17, 2008 minutes
MOTION SECONDED AND PASSED BY CONSENSUS: Motion by Commissioner Abraham
and seconded by Commissioner Cottrell to approve the July 17, 2008 minutes as presented.
AYES: Commissioners Collins, Clow and Cottrell, Chairman Harpootlian
NOES: none
8. REPORTS FROM FAST TRACK MEETING — JULY 29 AND AUGUST 19. 2008
8.1 LANDS OF SCHOENDORF, 13145 Byrd Lane, File #142-08-ZP-SD; A request
for a Site Development Permit for a 298 square foot second story addition
(maximum height: 25'). CEQA Review: Categorical Exemption per Section
15301(e) (staff -Nicole Horvitz).
8.2 LANDS OF EVERSHINE III, L.P., 13310 La Paloma Road, File #63 -05 -LLA; A
request for a lot line adjustment. CEQA Review: Categorical Exemption per
Section 15305(a) (staff -Nicole Horvitz),
8.3 LANDS OF AHRENS, 13841 Robleda Road, File #27-08-ZP-SD-GP; A request
for a Site Development Permit for a 6,234 square foot new two story residence
with a 920 square foot swimming pool and 504 square foot detached second unit.
(Maximum height 25'8") CEQA Review: Categorical Exemption per Section
15303(a) & (e) (staff -Nicole Horvitz
9. REPORT FROM SITE DEVELOPMENT MEETING — AUGUST 5 AND SEPTEMBER
2 2008
9.1 LANDS OF YANEZ, 28025 Natoma Road; File #117-08-ZP-SD; A request for a
Site Development Permit for landscape screening for an 8,390 square foot new
residence approved in March 2001. CEQA review: Categorical Exemption per
Section 15304(b) (Staff -Brian Froelich).
9.2 LANDS OF CHAU AND PAO, 14555 Harvard Court; File #131-08-ZP-SD; A
request for a Site Development Permit for landscape screening for a 1,600 square
foot major addition approved on June 12, 2007. CEQA review: Categorical
Exemption per Section 15304(b) (Staff -Nicole Horvitz).
9.3 LANDS OF JJP REALTY ENTERPRISES, LLC, 11481 Magdalena Avenue; File
#138-08-ZP-SD; A request for a Site Development Permit for a 2,200 square foot
swimming pool, pool decking, and hardscape improvements. CEQA review:
4 Categorical Exemption per Section 15303(e) (Staff -Brian Froelich).
N
Planning Commission Minutes
September 4, 2008
Page 10
10. ADJOURNMENT
The meeting was adjourned by consensus at 9:15 p.m.
Respectfully submitted,
� ��
Victoria Ortland
Planning Secretary
Approved 10/02/2008