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HomeMy WebLinkAbout3.1 SupplementalSUPPLEMENT AGENDA ITEM # 7j • j Distributed: I Z � I To the Los Altos Hills Planning Commission re Lands of Chen We the Chens' neighbors applaud the Planning Commission's decision to deny the Right of Way variance at the October hearing. Nevertheless, the story poles show that the proposed house still has almost the same negative visual impact on the cherished rural character of our private road. Therefore, to reduce this visual impact. • We oppose the comer lot designation that allows the house to be 10 feet closer to Gerth and results in a 100 -foot monolithic wall parallel to Gerth. The relevant rule is surely Municipal Code Section 10-1.505 (2), which states that where there is a choice, the setback should have the least negative environmental, visual or aesthetic impact on neighboring properties and the public at large. No neighboring properties are impacted on the Old Page Mill Road side of the Chen's property. In sharp contrast, on the Gerth Lane side the immediate neighbors Pratt and Gillis are clearly impacted as well as all residents of Gerth Lane as they enter their street from its only entrance. • We oppose allowing the eaves and chimney in the setback area, putting the house closer to the road. • We ask for the creation of a landscape easement in favor of the GLHA to be planted and maintained with fully mature trees that maximally screen the house from Gerth Lane. • We ask for a house color that blends into the background We would welcome the Chens to reach -out to the many neighbors who have concerns and be responsive to their input as recommended by the Planning Commission. We would lice to see a house that is more appropriate to the shape, size and rural quality of their lot. le.o 77fy� �p G a�56" 1�-o�yl3 /2- ©z- /3 To `the Los Altos Hills Planning Commission re Lands of Chen We the Chens' neighbors applaud the Planning Commission's decision to deny the Right of Way variance at the October hearing. Nevertheless, the story poles show that the proposed house still has almost the same negative visual impact on the cherished rural character of our private road. Therefore, to reduce this visual impact: • We oppose the corner lot designation that allows the house to be 10 feet closer to Gerth and results in a 100 -foot monolithic wall parallel to Gerth. The relevant rule is surely Municipal Code Section 10-1.505 (2), which states that where there is a choice, the setback should have the least negative environmental, visual or aesthetic impact on neighboring properties and the public at large. No neighboring properties are impacted on the Old Page Mill Road side of the Chen's property. In sharp contrast, on the Gerth Lane side the immediate neighbors Pratt and Gillis are clearly impacted as well as all residents of Gerth Lane as they enter their street from its only entrance. • We oppose allowing the eaves and chimney in the setback area, putting the house closer to the road. • We ask for the creation of a landscape easement in favor of the GLHA to be planted and maintained with fully mature trees that maximally screen the house from Gerth Lane. • We ask for a house color that blends into the background. We would welcome the Chens to reach out to the many neighbors who have concerns and be responsive to their input as recommended by the Planning Commission. We would lice to see a house that is more appropriate to the shape, size and rural quality of their lot. U,4u � cy NtR-k � Las 14 Lis 01�s * 2- SUPPLEMENT Jaime McAvoy AGENDA ITEM # Distributed: i2/9113 From: Deborah Padovan nt: Wednesday, December 04, 2013 1:31 PM 1: Jaime McAvoy Cc: Brian Froelich; Debbie Pedro Subject: FW: The Lands of Chen From: Marie Bryant[mailto:bryantmarie58@gmail.com] Sent: Wednesday, December 04, 2013 1:31 PM To: Deborah Padovan Subject: The Lands of Chen We are still concerned about the proposed building on the Chen house site. There are no changes in the building plans if the story poles are accurate indications of the new house to be constructed. This is the first house seen as residents and our guests enter Gerth Lane. Just as the opening sentence of a best selling novel sets the tone for what is to follow, the lands of Chen and the house which will be replaced are introductions to our quaint quiet oasis. The community of Gerth Lane is being unnecessarily disrupted. Neighborliness and cooperation are essential components of a healthy environment for us all. We hope that the concerns and uneasiness of all will be incorporated in any new construction. Dr. Kenneth L. and Marie Bryant 2250 Old Page Mill Road Palo Alto, CA 94304 Brian Froelich From: Deborah Padovan sent: Tuesday, December 03, 2013 11:19 AM 16: Brian Froelich; Debbie Pedro Subject: FW: Chen hearing Attachments: pratt letter chen Dec hearing.pdf; hogan letter.pdf From: Margot Pratt [ma iIto: margotpratt@gmail.com] Sent: Tuesday, December 03, 2013 11:18 AM To: Deborah Padovan; Vaughan Pratt; Margot Pratt Subject: Chen hearing Hi Debra, -) 6 SUPPLEMENT AGENDA ITEM # , �L Distributed: 1*4 5/ 1?i Please see the attached letters from two of the Gerth Lane neighbors regarding the Lands of Chen hearing this Thursday before the Planning Commission. Margot Pratt Brian Froelich From: Deborah Padovan ?nt: Wednesday, December 04, 2013 1:31 PM Jaime McAvoy Cc: Brian Froelich; Debbie Pedro Subject: FW: The Lands of Chen From: Marie Bryant [mailto:bryantmarie580gmail.com] Sent: Wednesday, December 04, 2013 1:31 PM To: Deborah Padovan Subject: The Lands of Chen We are still concerned about the proposed building on the Chen house site. There are no changes in the building plans if the story poles are accurate indications of the new house to be constructed. This is the first house seen as residents and our guests enter Gerth Lane. Just as the opening sentence of a best selling novel sets the tone for what is to follow, the lands of Chen and the house which will be replaced are introductions to our quaint quiet oasis. The community of Gerth Lane is being unnecessarily disrupted. Neighborliness and cooperation are essential components of a healthy environment for us all. We hope that the concerns and uneasiness of all will be incorporated in any new construction. Dr. Kenneth L. and Marie Bryant 2250 Old Page Mill Road _Palo Alto, CA 94304 Brian Froelich From: Debbie Pedro =,ent: Wednesday, December 04, 2013 1:38 PM 10: Brian Froelich Subject: FW: lands of Chen From: Susan [mailto:jsmandleCabhotmail.com] Sent: Wednesday, December 04, 2013 10:18 AM To: Debbie Pedro Subject: FW: lands. of Chen Also FYI From: ismandle@hotmail.com To:.margotpratt@gmaii.com Subject: RE: lands of Chen Date: Wed, 6 Nov 2013 14:19:21-0800 You're welcome, Margot. If you have any other questions, I'd be happy to try to answer those, too, or direct you to someone who could. est;. —�..usan Date: Tue, 5 Nov 2013 12:45:16 -0800 Subject: Re: lands of Chen From: margotpratt@gmail.com To: ismandle@hotmail.com Hi Susan, Thank you for answering my questions last night and sending me these links. It all helps me understand the situation better. Regards, Margot On Mon, Nov 4, 2013 at 9:03 PM, Susan <ismandle@hotmail.com> wrote: Hi Margot, ;rom the staff report for item 3.1 from the October 3, 2013 Planning Commission agenda at \ http://www.losaltoshills.ca.gov/city-government/planning-commission/reports: the Town has consistently applied setback standards following the Municipal Code Section 10-1.505 ( c) which states: '-',10-J.505(c) The setback line/or any structure shall be: _ ) Where a parcel abuts on a single street or other access way, forty (40) feet from the nearest such public or private street right-of-way, easement for vehicular access, or where an official plan line has been established, from such official plan line. (2) Where a lot abuts on more than one such street, easement, or official plan line, the Planning Commission or the Site Development Authority, whichever entity first acts upon an application relating to the development of a particular property, shall designate the street, easement or official plan line from which the forty (40) foot setback shall be measured, which will in the judgment of the Site Development Authority, have the least negative environmental, visual or aesthetic impact on neighboring properties and the public at large. (3) Thirty (30) feet from property lines, nearest lines of public or private streets, rights -a/ - way easements for vehicular access, or official plan lines in all other instances. " Here's the link directly to the agenda: http://Iosaltoshills.granicus.com/GeneratedAgendaViewer.php?view id=3&clip id=164 And here's the link to the staff report: http://Iosaltoshills.granicus.com/MetaViewer.php?view id=3&clip id=164&meta id=23002 Best regards, Susan Date: Thu, 26 Sep 2013 14:42:51-0700 Subject: Re: lands of Chen From: margotpratt@gmail.com To: Ismandle@hotmail.com CC: pratt@cs.stanford.edu Thank you. I apologize for not being there myself. M a rgot On Thu, Sep 26, 2013 at 1:25 PM, Susan Mandle <Ismandle@hotmail.com> wrote: Hi Margot, You are welcome. I will be at 2210 Old Page Mill Road at 10 am on Saturday and will come to your home to speak with Vaughan just as soon as I am done there. I will call when I'm on my way over. est regards, `--Susan Date: Wed, 25 Sep 2013 21:56:31-0700 Subject: lands of Chen om: margotpratt@gmail.com __-'�: ismandle@hotmail.com CC: pratt@cs.stanford.edu Hi Susan, Thanks for listening to my thoughts this afternoon. I am sending you the letter that Vaughan and I have written to the Planning Commission. Vaughan looks forward to discussing their plans with you on Saturday after your meeting with Cici Chen. As I mentioned, we are at 2215 Gerth Lane, across the road and just uphill from the Chen driveway. Vaughan's cell phone is 650 776 7728. Regards, Margot Pratt Brian Froelich From: Deborah Padovan -ent: Thursday, December 05, 2013 7:55 AM o: Jaime McAvoy Cc: Debbie Pedro; Brian Froelich Subject: FW: 2210 Gerth Lane Property From: candrgill@aol.com [mailto:candrgill@aol.com] Sent: Wednesday, December 04, 2013 8:57 PM To: Deborah Padovan Subject: 2210 Gerth Lane Property To the Los Altos Hills Planning Commission re Lands of Chen We the Chens' neighbors applaud the Planning Commission's decision to deny the Right of Way variance at the October hearing. Nevertheless, the story poles show that the proposed house still has almost the same negative visual impact on the cherished rural character of our private road. Therefore, to reduce this visual impact: • We oppose the corner lot designation that allows the house to be 10 feet closer to Gerth and results in a 100 -foot monolithic wall parallel to Gerth. The relevant rule is surely Municipal Code Section 10-1.505 (2), which states that where there is a choice, the setback should have the least negative environmental, visual or aesthetic impact on neighboring properties and the public at large. No neighboring properties are impacted on the Old Page Mill Road side of the Chen's property. In sharp contrast, on the Gerth Lane side the immediate neighbors Pratt and Gillis are clearly impacted as well as all residents of Gerth Lane as they enter their street from its only entrance. • We oppose allowing the eaves and chimney in the setback area, putting the house closer to the road. • We ask for the creation of a landscape easement in favor of the GLHA to be planted and maintained with fully mature trees that maximally screen the house from Gerth Lane. • We ask for a house color that blends into the background. We would welcome the Chens to reach out to the many neighbors who have concerns and be responsive to their input as recommended by the Planning Commission. We would like to see a house that is more appropriate to the shape, size and rural quality of their lot. Charles Gillis 2209 Gerth Lane (Old Page Mill Rd) Brian Froelich From: Debbie Pedro __-Qont: Thursday, December 05, 2013 8:40 AM Brian Froelich ..abject: FW: 2210 Gerth Lane Property Hi Brian, Please be sure to forward all of the neighbor comments received to the Chens. Thank you. Debbie From: Deborah Padovan Sent: Thursday, December 05, 2013 7:55 AM To: Jaime McAvoy Cc: Debbie Pedro; Brian Froelich Subject: FW: 2210 Gerth Lane Property From: candrgill@aol.com [mailto:candrgill@aol.com] Sent: Wednesday, December 04, 2013 8:57 PM To: Deborah Padovan Subject: 2210 Gerth Lane Property o the Los Altos Hills Planning Commission re Lands of Chen We the Chens' neighbors applaud the Planning Commission's decision to deny the Right of Way variance at the October hearing. Nevertheless, the story poles show that the proposed house still has almost the same negative visual impact on the cherished rural character of our private road. Therefore, to reduce this visual impact: • We oppose the corner lot designation that allows the house to be 10 feet closer to Gerth and results in a 100 -foot monolithic wall parallel to Gerth. The relevant rule is surely Municipal Code Section 10-1.505 (2), which states that where there is a choice, the setback should have the least negative environmental, visual or aesthetic impact on neighboring properties and the public at large. No neighboring properties are impacted on the Old Page Mill Road side of the Chen's property. In sharp contrast, on the Gerth Lane side the immediate neighbors Pratt and Gillis are clearly impacted as well as all residents of Gerth Lane as they enter their street from its only entrance. • We oppose allowing the eaves and chimney in the setback area, putting the house closer to the road. • We ask for the creation of a landscape easement in favor of the GLHA to be planted and maintained with fully mature trees that maximally screen the house from Gerth Lane. • We ask for a house color that blends into the background. We would welcome the Chens to reach out to the many neighbors who have concerns and be responsive to their �nput as recommended by the Planning Commission. We would like to see a house that is more appropriate to ie shape, size and rural quality of their lot. Charles Gillis 2209 Gerth Lane (Old Page Mill Rd) Jaime McAvoy From: Deborah Padovan nt: Thursday, December 05, 2013 8:58 AM Jaime McAvoy Subject: FW: Letter to Planning Commission re: Lands of Chen Proposal Attachments: LHA Planning Commission v2.docx; ATT00001.txt; Gerth Map.pdf; ATT00002.txt -----Original Message ----- From: Marc Bader [mailto:mbader68(@gmail.com] Sent: Thursday, December 05, 2013 8:57 AM To: Deborah Padovan Cc: Debbie Pedro Subject: Letter to Planning Commission re: Lands of Chen Proposal Hello Deborah, Please forward this letter to the planning commission for their upcoming meeting. Regards, Marc Bader 1 O F F I C E O F C O U N T Y A S S E S S O R S A N T A C L A R A C O U N T Y, C A L I F O R N I A BOOK PACE BOOK �J 182 31 142 o R.O.S. 792/8 23264- I 16��-- 2G4.4�/-209.]6 200 37 675 10%md 9 1.068! Ac 1.002=AC 1.146!Ac GR. / L45IAclOR. 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D h '� B6o per` 415 �sr 7 54CAUR' �j((' .771 11..4;>�r °s I s1° 7 t ,• \ 2:.72 23oq 9C 04, 9Q1i� • \ `/i n 161.IG r::96 /_yp9 ^b x.,34 ,3 .M. 405-h1-35 -� 9ase TN pB0•.. t .P M. RD _ M 1 LD -MILL-A- �_ (699 _ ...- �Cr 54.91 327 AD _vim............. ------ _ 4 z2 0 PAGE I - . ••'•Drfri sP,ice £SA%Y."• R.O.S 844/27 �9 .B4 7R4 Orr. NC v ;S.B.E. 2748-43-(32)56 PCL?•., S.B.E. 2502-43-(22)525 PCL7•�� B00 (rox74 or cos .v.ros Hrus; 3z49 'LAWRENCE E. STONE ASSESSOR PAL BELL ARLESS BAY AREA CEUAR 142 DOC. OSS L67 "O4Cf, �z-"oo M1•SM1. boa; DFTq!Cada9Ud map for asse9snent purposes only. S.F. P.I. 540. S.F:... P.I..,�(L- Z PA6 !DCompled Rode e r 03-2 Sec 7. !„R.... 4�aRnnn ENective Rdl Year 2073-2014 December 3, 2013 To the Los Altos Hills Planning Commission Re: Lands of Chen proposal at 2210 Gerth Lane (Old Page Mill Road) As a concerned neighbor on Gerth Lane, we value the opportunity to express our opinion. Thank you for that opportunity We believe that the Town of Los Altos Hills has many appropriate regulations with regards to home construction. Furthermore, we feel that such rules and regulations are in place to protect the beauty and wholesome nature of the town. There is an established pattern on the street for front setbacks occurring on Gerth Lane. That fact alone sets a clear precedent for how setbacks for this parcel should most appropriately be interpreted. Municipal Code Section 10-1.505 (c) (2) states "the Planning Commission or the Site Development Authority... shall designate the street, easement or official plan line from which the 40 foot setback shall be measured, which will in the judgment of the Site Development Authority, have the least negative environmental, visual or aesthetic impact on neighboring properties or the public at large." Based on this there is no reasonable interpretation, which would allow the buildingtpose itself on Gerth Lane, relative to the proposed proximity or massing, in the way the applicant is requesting. The applicant purchased this property with the available knowledge regarding the pattern of the street, the creek and other topographic features and that the longstanding condition where access to the house occurs from the Gerth Lane frontage. Now requesting a change to designate the lot line on Old Page Mill as the front is inconsistent with the existing conditions. In addition, the request is entirely unnecessary in regard to the available development potential for this lot. Maintaining the 40' front setback along Gerth will still provide for an average development depth of approximately 74'. When considering the width of the lot, subtracting for a creek setback, there is the possibility of a potential development footprint of almost 15,000 square feet to work within. This does not indicate any unique hardship or other compelling argument which would negate the direction provided in Municipal Code Section 10-1.505 (c) (2) or in consideration of the existing pattern of the street. We base this on the following: 10-1.202 Designated. (Definitions) Frontage means all property abutting one side of a road. Lot means a portion of land shown as a unit on a recorded parcel or subdivision map. Lot, corner. "Corner lot" means a lot abutting on two (2) or more intersecting roads. Setback line means a line established by the provisions of this chapter to govern the placement of structures with respect to right-of-way lines or property lines. Site means a single lot or parcel of land, or a contiguous combination thereof, where site development work is performed. 10-1.505 Setback lines. The location of structures with respect to property lines, street rights-of-way, and easement lines shall be regulated as follows: (c) The setback line for any structure shall be: (1) Where a parcel abuts on a single street or other access way, forty (40) feet from the nearest such public or private street right-of-way, easement for vehicular access, or where an official plan line has been established, from such official plan line. (2) Where a lot abuts on more than one such street, easement, or official plan line, the Planning Commission or the Site Development Authority, whichever entity first acts upon an application relating to the development of a particular property, shall designate the street, easement or official plan line from which the forty (40) foot setback shall be measured, which will in the judgment of the Site Development Authority, have the least negative environmental, visual or aesthetic impact on neighboring properties and the public at large. (3) Thirty (30) feet from property lines, nearest lines of public or private streets, rights- of-way easements for vehicular access, or official plan lines in all other instances. (e) The standards set forth in this section for setbacks are minimum standards. The City Council and Planning Commission have the discretion to apply stricter standards to increase setbacks where site-specific constraints dictate further limitations, such that the purposes of the ordinances are complied with. Some examples of site characteristics include, but are not limited to, high site visibility where a greater setback is deemed necessary to reduce the appearance of bulkiness of the structure; and/or proximity to other lots or structures where a greater setback is deemed necessary to promote a variety in setbacks to avoid the appearance of uniform house designs or layouts. 10-2.702 Siting. (e) Creek Protection. Structures shall be set back a minimum of twenty-five (25) feet from the top of bank of all creeks. Greater setbacks may be required along major creeks in the Town; however, lesser setbacks may be allowed where approved by the Planning Commission. Improvements required to all creeks shall be accomplished to appear natural and to maintain the natural meandering course of the existing creek. Creeks and banks shall be protected so as to remain in their natural state as much as possible. They should not be disturbed by the building or grading process. No grading shall be allowed in creeks or within the required setbacks from top of bank. Siting of structures shall be done with safety as a primary concern. Safety concerns and preservation of riparian habitat are required to be simultaneously addressed when designing development and required improvements to creeks. We sincerely thank you for your consideration in determining the final outcome of this matter. Regards, Marc and Cheryl Bader 2240 Gerth Lane Los Altos Hills, CA 94024 Brian Froelich From: John Nagel Uohn.nagel@mac.com] -ent: Thursday, December 05, 2013 12:25 PM o: Deborah Padovan; Debbie Pedro; Brian Froelich subject: Attn: Los Altos Hills Planning Commission Attachments: Objection to Lands Of Chen Variances 12052013.pdf I only recently became aware of tonight's Planning Commission meeting regarding the Chens' request for another variance (the on-site notice was 40' from edge of Gerth Lane). As residents of Gerth Lane, we oppose any eaves variance or measuring frontage from Old Page Mill Road, details attached. Regards, John Nagel & Ainslie Mayberry 1 To the Los Altos Hills Planning Commission re Lands of Chen We the Chens' neighbors agree with the Planning Commission's decision to deny the Right of Way variance at the October Planning Commission hearing. We are concerned that in the time since that meeting, other than reducing the Floor Area four (4) s.f. From 6099 s.f. to 6095 s.f., out of a 6100 s.f. MFA (which is probably the thickness of several rooms sheetrock), there has been no attempt by the Chens to contact their concerned neighbors regarding our objections or making any modifications to the siting or height. Obviously, the Chens have chosen to disregard the Planning Commision's recommendation to reach out and address their neighbors concern about this project. Instead, the "current" story poles tell the same story as before: A 108 foot long behemoth that rises 42 foot above the road, sited too close to Gerth Lane. Instead of attempting to maintain the rural character and environment of Gerth Lane, the Chens are asking to be allowed to encroach another 18 inches inside the disputed setback further exacerbating a bad situation. We strongly oppose any additional encroachment into the setbacks due to the height and size of the building within the setback. The Chens are not requesting a variance to build a 4 foot high planter box or similar small structure, but one that will rise at one point, 42 feet above Gerth Lane. We oppose measuring the "Front Setback" from Old Page Mill Road rather than Gerth Lane. • This is unnecessary for a structure that will occupy less than 65% of the MDA. Indeed, one concerned resident: an Engineer and Stanford Professor, has made several suggestions on how to obtain the desired sized home while maintaining the harmony and character of the neighborhood. These suggestions were rejected by the Chens prior to the October 3 meeting. • There is NO access from Old Page Mill Road, per the drawings, there is ONLY vehicular & pedestrian access from Gerth Lane. • On June 17, 1996, the town of Los Altos Hills proposed to the residents of Gerth Lane a change of address from Old Page Mill Road, Palo Alto to Gerth Lane, Los Altos Hills. This letter would indicate a view by the town that Gerth Lane was really where we live, not Old Page Mill Road. We would welcome the Chens to reach out to the many neighbors who have concerns and be responsive to their input as recommended by the Planning Commission. We would like to see a house that is more appropriate to the shape, size and rural quality of their lot. To be clear, we do not oppose the right of the Chens to expand their home while maintaining, their culture and heritage. However, we are asking that they abide by the requirements and codes of Los Altos Hills as we all are required to do. Ainslie Mayberry & John Nagel V Li SUPPLEMENT Jaime McAvoy AGENDA ITEM # TJ. Distributed: (2a 12 From: Deborah Padovan ?nt: Thursday, December 05, 2013 1:42 PM Jaime McAvoy Cc: Debbie Pedro; Brian Froelich Subject: FW: Lands of Chen proposal 2210 Gerth Land (Old Page Mill Road) - objection letter Attachments: LHA Planning Commission v2.pdf From: Horton, Richard [mailto: Richard. Horton@squiresanders.com] Sent: Thursday, December 05, 2013 12:56 PM To: Deborah Padovan Subject: Lands of Chen proposal 2210 Gerth Land (Old Page Mill Road) - objection letter Dear Debra Please see attached letter from Richard and Nicole Horton, owners 2300 Old Page Mill Road, Los Altos Hills CA 92022 Thanks very much Richard Richard Horton Partner quire Sanders (US) LLP Silicon Valley 600 Hansen Way Palo Alto, California 94304 Direct: 650 843 3313 Cell: 650 906 4671 richard.hortonCci).sguiresanders.com www.squiresanders.com 39 offices in 19 countries The attached information is confidential and may be legally privileged or otherwise protected from disclosure. If you are not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, please telephone or email the sender and return the original message to us at the address above via the postal service. Squire Sanders (US) and Squire Sanders (AU) are part of the international legal practice Squire Sanders which aerates worldwide through a number of separate legal entities. Please visit www.squiresanders.com for more Lformation. #AU Richard and Nicole Horton 2300 Old Page Mill Road Los Altos Hills CA 94022 December 4, 2013 To the Los Altos Hills Planning Commission Re: Lands of Chen proposal at 2210 Gerth Lane (Old Page Mill Road) As a concerned neighbor on Gerth Lane, we value the opportunity to express our opinion. Thank you for that opportunity. We believe that the Town of Los Altos Hills has many appropriate regulations with regards to home construction. Furthermore, we feel that such rules and regulations are in place to protect the beauty and wholesome nature of the town. There is an established pattern on the street for front setbacks occurring on Gerth Lane. That fact alone sets a clear precedent for how setbacks for this parcel should most appropriately be interpreted. Municipal Code Section 10-1.505 (c) (2) states "the Planning Commission or the Site Development Authority... shall designate the street, easement or official plan line from which the 40 foot setback shall be measured, which will in the judgment of the Site Development Authority, have the least negative environmental, visual or aesthetic impact on neighboring properties or the public at large." Based on this there is no reasonable interpretation, which would allow the buildingto o impose itself on Gerth Lane, relative to the proposed proximity or massing, in the way the applicant is requesting. The applicant purchased this property with the available knowledge regarding the pattern of the street, the creek and other topographic features and that the longstanding condition where access to the house occurs from the Gerth Lane frontage. Now requesting a change to designate the lot line on Old Page Mill as the front is inconsistent with the existing conditions. In addition, the request is entirely unnecessary in regard to the available development potential for this lot. Maintaining the 40' front setback along Gerth will still provide for an average development depth of approximately 74'. When considering the width of the lot, subtracting for a creek setback, there is the possibility of a potential development footprint of almost 15,000 square feet to work within. This does not indicate any unique hardship or other compelling argument, which would negate the direction provided in Municipal Code Section 10- 1.505 (c) (2) or in consideration of the existing pattern of the street. We base this on the following: 10-1.202 Designated. (Definitions) C:\Users\rhorton\Desktop\LHA Planning Commission v2.docx Frontage means all property abutting one side of a road. Lot means a portion of land shown as a unit on a recorded parcel or subdivision map. Lot, corner. "Corner lot" means a lot abutting on two (2) or more intersecting roads. Setback line means a line established by the provisions of this chapter to govern the placement of structures with respect to right-of-way lines or property lines. Site means a single lot or parcel of land, or a contiguous combination thereof, where site development work is performed. 10-1.505 Setback lines. The location of structures with respect to property lines, street rights-of-way, and easement lines shall be regulated as follows: (c) The setback line for any structure shall be: (1) Where a parcel abuts on a single street or other access way, forty (40) feet from the nearest such public or private street right-of-way, easement for vehicular access, or where an official plan line has been established, from such official plan line. (2) Where a lot abuts on more than one such street, easement, or official plan line, the Planning Commission or the Site Development Authority, whichever entity first acts upon an application relating to the development of a particular property, shall designate the street, easement or official plan line from which the forty (40) foot setback shall be measured, which will in the judgment of the Site Development Authority, have the least negative environmental, visual or aesthetic impact on neighboring properties and the public at large. (3) Thirty (30) feet from property lines, nearest lines of public or private streets, rights-of-way easements for vehicular access, or official plan lines in all other instances. (e) The standards set forth in this section for setbacks are minimum standards. The City Council and Planning Commission have the discretion to apply stricter standards to increase setbacks where site-specific constraints dictate further limitations, such that the purposes of the ordinances are complied with. Some examples of site characteristics include, but are not limited to, high site visibility where a greater setback is deemed necessary to reduce the appearance of bulkiness of the structure; and/or proximity to other lots or structures where a greater setback is deemed necessary to promote a variety in setbacks to avoid the appearance of uniform house designs or layouts. 10-2.702 Siting. (e) Creek Protection. Structures shall be set back a minimum of twenty-five (25) feet from the top of bank of all creeks. Greater setbacks may be required along major creeks in the Town; however, lesser setbacks may be allowed where approved by the Planning Commission. Improvements required to all creeks shall be accomplished to appear natural and to maintain the natural meandering course of the existing creek. Creeks and banks shall be protected so as to remain in their C:\UsersNrhorton\Desktop%LHA Planning Commission v2.docx natural state as much as possible. They should not be disturbed by the building or grading process. No grading shall be allowed in creeks or within the required setbacks from top of bank. Siting of structures shall be done with safety as a primary concern. Safety concerns and preservation of riparian habitat are required to be simultaneously addressed when designing development and required improvements to creeks. We sincerely thank you for your consideration in determining the final outcome of this matter. Regards, Richard and Nicole Horton 2300 Old Page Mill Road Los Altos Hills, CA 94022 C:\Users\rhorton\Desktop\LHA Planning Commission v2.docx Jaime McAvoy From: Gary Kremen [gkremen@aol.com] nt: Thursday, December 05, 2013 3:55 PM Deborah Padovan Cc: Debbie Pedro; Jaime McAvoy; smattas@meyersnave.com Subject: Letters to planning commission for tonight's meeting Attachments: LAH Planning 12-5-2013 meeting v2.pdf; Landscaping letter v2.pdf December 5, 2013 Honorable Chair & Members of the Planning Commission Town of Los Altos Hill 26379 Fremont Road Los Altos Hills, CA 94022 Re: Site Development Permit for Lands of Chen, 2210 Page Mill Road, Planning Commission Meeting: December 5, 2013, Agenda Item 3.1 Comments and Objections to Proposed Action Honorable Chair & Members of the Town of Los Altos Hills Planning Commission: We are residents of Gerth Lane and we appreciate the opportunity to submit the following comments on, and objections to, the staff recommendation that the Planning Commission (the "Planning Commission") of the Town of Los Altos Hills (the "Town") approve the Site Development Permit for the Lands of Chen, 2210 Page Mill Road (the "Chen Property"), File #100-13-ZP-SD, for a new residence and basement (the "Site Development Permit"). Based on the facts below, we respectfully request the Planning Commission postpone its decision on the Site Development Permit until such time that the following issues may be properly addressed. First, we believe that the Town has not followed required procedures in providing public notice of the hearing on the Chen Property Site Development Permit as notice was required to be posted at the Chen Property, however, the only paper posted at that location was a small yellow sheet posted on a story pole thirty (30) feet in the air, at which height where the yellow sheet of paper was unreadable and unrecognizable as a notice. This notice was only moved to closer to Gerth Lane yesterday. Second, the public notice that some property owners' received by mail was improper because it did not describe the twelve inch (12") encroachment which would require a variance application. Finally we believe that the Town has improperly determined the project is exempt from review under the California Environmental Quality Act ("CEQA"). In addition, the Planning Commission must follow the Town Code and designate Gerth Lane as the frontage of the proposed development from which the forty (40) foot setback is measured. Honorable Chair & Members of the Planning Commission December 5, 2013 Page 2 1. The Public Notice is Deficient. The Town's Code requires a hearing to be held prior to the Planning Commission's decision on a site development permit. (Los Altos Hills Code, § 10.2-1305(c).) The Town must also follow certain legally mandated notice procedures. Specifically, Section 10.2-1305(c) of the Town's Code states in relevant part: Notice of the time and place of the hearing shall be posted in at least three (3) public posting places and posted on the property adjacent to a public street or from any access road or way to property not having public frontage. Notices of such hearings shall also be served by United States mail ... to each property owner whose property is within five hundred (500) feet of the exterior boundary of the property, using addresses from the latest equalized assessment roll.... All required names and addresses shall be provided by the applicant or his or her representative at the time the site development permit application is filed. Such posting and mailing shall be completed at least ten (10) days prior to the date of the hearing. The Town failed to comply with the notice requirements in Section 10.2-1305(c). In particular, it is unclear whether notice was posted on the Chen Property and, in any event, if such notice was in fact posted, it was deficient. Section 10.2-1305(c) requires that notice be "posted on the property adjacent to a public street or from any access road or way to property not having public frontage" presumably to inform the passing public of the scheduled public hearing. (See also Gov. Code, § 54954.1(a)(1) [requiring agendas to be posted in a "freely accessible" location for members of the public].) Contrary to the explicit requirements set forth in Town Code Section 10.2-1305(c), an unreadable yellow piece of paper was posted on the Chen on a story pole at a height of approximately thirty (30) feet off the ground where it was clearly not readable. Only yesterday was the notice closer to Gerth Lane. This yellow sheet of paper, if intended to be the notice required by the Town Code, was placed in such an inconspicuous place which cannot reasonably fulfill the requirements of Section 10.2-1305(c). In addition, the yellow sheet of paper described above was placed on a story pole adjacent to Gerth Lane -- a private road. The public street abutting the Chen Property is Old Page Mill Road, yet no notice was posted on that side of the Chen Property.I Note Town Code Section 10.2.1305(c) permits notices on a property to be posted adjacent to any access road or way to property not having public frontage. To the extent that the applicant Honorable Chair & Members of the Planning Commission December 5, 2013 Page 3 Furthermore, we believe the names and addresses that the applicant is required to provide was not based off the "latest equalized assessment roll" as required by Town Code Section 10.2.1305(c). For example, for Assessor Parcel Number ("APN") 182-31-079, mailed notice was sent for Erie Street Holdings, LLC to a San Diego address, but a cross reference of that APN with the County of Santa Clara, Office of the Assessor's information shows the San Diego address is not current. Due to all of the above notice deficiencies, we ask that the hearing on the Site Development Permit for the Chen Property be postponed until such time that notice conforming to the legal requirements is effectuated. 2. No Variance Application is Before the Planning Commission and No Notice was Given Regarding the Applicant's Chimney Encroachment. The staff report for the Chen Property Site Development Permit states that the proposed property includes a twelve inch (12") encroachment for a family room chimney. The Town's Code Section 10-1.1007(2)(b) permits the grant of a "requested variance in whole or in part only, from the application or the facts presented at the public hearing" when certain requirements are met. However, no variance application has been filed with the Town for the chimney encroachment. In addition, as stated in the staff report, the notice of the public hearing on the Chen Property Site Development Permit also did not include notice of the encroachment. (See December 5, 2013 Planning Commission Item 3. 1, December 5, 2013 Meeting, p. 2 ["A Minor Variance was not described in the public noticing for this project."].) We are informed by that the applicant must apply for a variance and have the variance application considered at the same time the Planning Commission determines whether to approve the Site Development Permit or there is impermissible project splitting resulting in an illegal project description. (See, e.g., Save Tara v. City of West Hollywood (200 8) 45 CalAth 116, 134; Nelson v. County of Kern (2010) 190 Cal.AppAth 252, 271.) Thus, the hearing on the Site Development Permit for the Chen Property should be postponed until such time that (1) a proper variance application is submitted, and (2) the variance application has been properly noticed so that it is properly before the Planning Commission. Unless a variance application is presented to the Planning Commission at the same time as the Site Development Permit application, and both are before the Planning Commission at the same hearing noticed in accordance with legal requirements, the entire proposed project on the Chen Property would not be before the Planning Commission and the Town, as a result, would unlawfully be splitting the project into piecemeal decisions. placed the yellow sheet of paper adjacent to Gerth Lane in attempts to satisfy Code Section 10.2.1305(c), this is further evidence that the frontage and thus corresponding setbacks should be measured from Gerth Lane and not Old Page Mill Road. Honorable Chair & Members of the Planning Commission December 5, 2013 Page 4 3. The Project is Not Exempt Under CEQA Guidelines Section 15303(a). The staff report for the Chen Property Site Development Permit states the project is exempt under Section 15303(a), Title 14 of the California Code of Regulations (which implements CEQA) ("CEQA Guidelines Section 15303(a)"). Under CEQA Guidelines Section 15303(a), single-family residences are categorically exempt from CEQA review as a Class 3 type of construction. However, we understand that this exemption is based on the assumption that such projects ordinarily have an insignificant impact on the environment. In this case, we believe the proposed development on the Chen Property will have a significant impact on the environment due to unusual circumstances. (CEQA Guidelines, §§ 15300.2(c), 15382.) These unusual circumstances include the fact that the proposed project will change the physical character of the street upon which the single family residence will be located; because of the size of the residence and the proposed setbacks, the proposed project will be the first home that is visible from Gerth Lane. (Assn for Protection of Environmental Values in Ukiah v. City of Ukiah (1991) 2 Cal.App.4th 720, 736 [determining whether the residential development proposed is "so unusual in the vicinity as to constitute the type of unusual circumstance required"].) In addition, the proposed project is located on a parcel which has a body of water running parallel through it on the side of the Chen Property that is proposed to be the "front" for setback purposes — Matadero Creek. The presence of open space land such as Matadero Creek creates the potential that the proposed development will have a significant impact on the environment, specifically Matadero Creek. The importance of this riparian corridor is also recognized in the Town's Conservation Element. Due to the importance of the wildlife life and vegetation associated with the Matadero Creek, which flows through other jurisdictions, there is a need to further study the proposed project's impact on the environment. The Open Space Easement ("Open Space Easement") required as part of the conditions associated with the proposed Site Development Permit's approval does not fully consider the environmental impacts of the proposed project. (See December 5, 2013 Planning Commission Item 3.1, December 5, 2013 Meeting [Attachment 1, Condition No. 15].) In fact, the Town's Conservation Element, Program 1.3 states that a proposed development must still comply with CEQA; it does not say that requiring the Open Space Easement (twenty-five (25) feet setbacks) eliminates the requirement for CEQA analysis. Furthermore, from a visual perspective, if the proposed project is built as proposed, it will be visible from nearby open space land due to its increased size. All of the above presents unusual circumstances that may result in a significant impact on the environment and consequently the CEQA Guidelines Section 15303(a) does not apply. Honorable Chair & Members of the Planning Commission December 5, 2013 Page 5 4. The Frontage of the Chen Property Should Be Gerth Lane. The Town Code clearly demonstrates that the frontage of the Chen Property should be measured from Gerth Lane. Characterizing the Chen Property as a corner lot and measuring the frontage from Old Page Mill Road runs contrary to the Town's Code. Town Code Section 10- 1.505(c)(2) states, in relevant part, that the setback line for a structure shall be: Where a lot abuts on more than one such street, easement, or official plan line, the Planning Commission or the Site Development Authority, whichever entity first acts upon an application relating to the development of a particular property, shall designate the street, easement or official plan line from which the forty (40) foot setback shall be measured, which will in the judgment of the Site Development Authority, have the least negative environmental, visual or aesthetic impact on neighboring properties and the public at large. The Chen Property abuts more than one street: Gerth Lane and Old Page Mill Road. Thus, the Planning Commission must designate the street from which the forty (40) foot setback is measured in a manner that will have the "least negative environmental, visual or aesthetic impact on neighboring properties and the public at large." (Los Altos Hills Code, § 10- 1.505(c)(2), emphasis added.) Designating Old Page Mill Road as the frontage results in a setback from Gerth Lane of thirty (30) feet versus forty (40) feet if Gerth Lane was instead designated as the frontage. If Old Page Mill Road is designated as the frontage for setback purposes, this results in a higher impact visually for the neighboring properties and the public at large because the home built on the Chen Property will now be visible from Gerth Lane. In fact the visibility of the home would result in approximately a one hundred (100) foot monolithic wall that would run parallel to Gerth Lane versus the current landscape of foliage. This also impacts aesthetics because no other homes are visible from Gerth Lane, the proposed project would be the first. Unlike the impacts above, designating Gerth Lane as the frontage for setback purposes results in no visual impacts on neighboring properties or the public at large. In fact, no properties on Old Page Mill Road will be impacted by such designation. However, on Gerth Lane, not only will the whole community be impacted by the visual aspect and change in neighborhood character of the proposed project, but the immediate neighbors to the Chen property (the Pratt and Gillis families) will also clearly be affected as stated above. In addition, the Town Code states that the Planning Commission has discretion to "apply stricter standards to increase the setbacks where site specific constraints dictate further Honorable Chair & Members of the Planning Commission December 5, 2013 Page 6 limitations." (Los Altos Hills Code, § 10-1.505(e).) These site characteristics include: "high site visibility where a greater setback is deemed necessary to reduce the appearance of bulkiness of the structure." (Ibid.) This is precisely the issue presented to the Planning Commission. The proposed development on the Chen Property will result in a large home (in fact an increase in home size of over 200%, from 2,611 square feet to 6,095 feet) that will now be visible from Gerth Lane. The Planning Commission however, can reduce the impact of the structure by designating the setback from Gerth Lane as forty (40) feet. We request the Planning Commission comply with the Town Code and designate Gerth Lane as the frontage of the proposed project. 5. Conclusion. Due to (1) the deficient public notice, (2) the lack of a proper variance application, and (3) an improper determination that the project is exempt from CEQA, we respectfully request that the Town cancel the public hearing for the Site Development Permit for the Chen Property in order to allow sufficient time for the above violations to be corrected. We also implore the Planning Commission to follow the Town Code and designate Gerth Lane as the frontage of the proposed project. Please contact us if there are any further questions regarding this letter. Sincerely, Gary and Petia Kremen cc: Debra Pedro, Town Clerk, via email: dpedro@losaltoshills.ca.gov Steven Mattas, City Attorney, via email: smattas@meyersnave.com December 5, 2013 Honorable Chair & Members of the Planning Commission Town of Los Altos Hill 26379 Fremont Road Los Altos Hills, CA 94022 Re: Site Development Permit for Lands of Chen, 2210 Page Mill Road, Planning Commission Meeting: December 5, 2013, Agenda Item 3.1 Requested Landscape Screening Conditions Honorable Chair & Members of the Town of Los Altos Hills Planning Commission: We are residents of Gerth Lane and we appreciate the opportunity to submit the following requested landscape screening conditions as it relates to the staff recommendation that the Planning Commission (the "Planning Commission") of the Town of Los Altos Hills (the "Town") approve the Site Development Permit for the Lands of Chen, 2210 Page Mill Road (the "Chen Property"), File #100-13-ZP-SD, for a new residence and basement (the "Site Development Permit"). We believe the landscape screening conditions discussed below must be considered at the same time the Planning Commission considers the Site Development Permit to avoid unlawfully splitting the project into piecemeal decisions. The purpose of this letter is to voice our concerns regarding the proposed project on the Chen Property. One of the major concerns is the potential for the proposed project to visually change the character of the surrounding neighborhood. The proposed project will be the first home that is visible from Gerth Lane. The staff report for the Chen Property Site Development Permit states that the applicant will submit landscape screening and erosion control plans to the Planning Commission "[a]fter completion of rough framing or at least six (6) months prior to scheduling a final inspection." (See December 5, 2013 Planning Commission Item 3. 1, December 5, 2013 Meeting [Attachment 1, Condition No. 3].) However, to ensure appropriate landscape screening is conducted, we believe the following conditions should be considered and required by the Planning Commission as a condition for approval of the Site Development Permit. These conditions are: • The requirement that screening trees be at least 60" large boxes. • The screening trees must be evergreens so that they maintain their leaves year round. Honorable Chair & Members of the Planning Commission December 5, 2013 Page 2 • To the extent feasible, the screening trees must be planted immediately. • The screening trees must block the view of the property from the upper property line to the bridge if not farther. A restrictive covenant must be placed on the Chen Property which will require that the landscape screening conditions stated above, and other landscaping conditions required by the Planning Commission, must be maintained in perpetuity. This restrictive covenant would be for the benefit of the Gerth Lane Homeowners Association, and the neighboring properties that may potentially be visually impacted by the proposed project. This restrictive covenant should also run with the land, so that it is binding on future landowners of the Chen Property and benefits future landowners of the neighboring properties. All of the above conditions should be required of the applicant and should be considered as part of the Site Development Permit approval request for the Chen Property. These are important issues that tie into what was discussed in our previous letter outlining comments on, and objections to the staff's recommendation that the Planning Commission approve the Site Development Permit for the Chen Property. In brief, the landscape screening is an element that can help reduce the proposed project's visual and aesthetic impact on the neighboring properties and the public at large — considerations the Planning Commission looks at when determining the setback line for the proposed project. We reiterate, no homes are currently visible from Gerth Lane, and requiring the above landscape screening conditions helps ensure this character is preserved. The landscape screening also will prevent the proposed project from being visible from nearby open space land. All of this is important given the large size of the proposed project. The current home on the Chen Property is approximately 2,611 square feet, while the proposed project would be 6,095 square feet in size; this is over a 200% increase in size. All of the above demonstrates that the landscape screening plan should be considered at the same time the Planning Commission considers the Site Development Permit application. This avoids splitting the project into piecemeal decisions. (See, e.g., Save Tara v. City of West Hollywood (2008) 45 Cal.4th 116, 134; Nelson v. County of Kern (2010) 190 Cal.App.4th 252, 271.) Based on the facts above, we respectfully request the Planning Commission postpone its decision on the Site Development Permit until such time that the landscape screening issues may be fully addressed. We further request that the Planning Commission require the conditions we outlined above, as part of any approval for the Site Development Permit. Honorable Chair & Members of the Planning Commission December 5, 2013 Page 3 Please contact us if there are any further questions regarding this letter. Sincerely, Gary and Petia Kremen cc: Debra Pedro, Town Clerk, via email: dpedro@losaltoshills.ca.gov Steven Mattas, City Attorney, via email: smattas@neyersnave.com