HomeMy WebLinkAbout10/08/1986PLANNING CCNAffSSION
TONS] OF LOS ALTOS HILLS
26379 Fremont Road
IDS Altos Hills, California
Wednesday, October 8, 1986
Leel 124, Side I, Tract II,286-End; Side II, Tract II, 000-150
chairnian Siegel called the meeting of the Planning Ccnmission to order in the
Town Hall Council Chambers at 7:30 p.m.
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Co missioners Ending, Kaufman, Lachenbruch, Struthers, Yanez (arrived
7:55p.m.), and Chairnan Siegel
Absent: Ccmnissioner Carico
Staff: Nancy Lytle, Tcv Planner; William Ekern, Engineering Technician;
Leslie Mullins, Secretary
city Council Representative: Mayor van Tanelen
B. CONSENT CALENDAR:
MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Ending and passed
unanim sly to approve the Consent Calendar, specifically:
1. Approval of Minutes: September 10 and 24, 1986
2. Setting Public Hearings for October 22, 1986:
a. Lands of Easterbrocks, File #CD 2-86, VAR 8-86 and Site Develognent
Permit for construction of new residence, 25541 Freimnt Road
b. Lands of Hansen, File #CD 1-86, VAR 13-86, and Site Development Permit
for construction of new residence, Anacapa & Is Cresta
c. Lands of Schroeder, File #VAR 10-86, 26991 Taaffe Road, Variance
for addition
d. Lands of Accola, 27461 Sherlock Road, Site Developnent Permit for
construction of new residence
C. PRESENTATIONS FROM THE FLOOR:
1. Letter frau Mr. Ron Rainey, regarding Lands of Currie, File #TM 3-86
Mr. Ron Rainey, Howell & Hallgrimson, Representing Mr. Mohamodian and Mr.
Shobeiri with regard to the Lands of Currie, Tentative Map, asking Ccnmission
to reconsider their action of September 24, 1986, recmnending denial of
the tentative map, informing Cam:ission that the applicant consent to a 50
day time extension for the review process. Mr. Rainey indicated the applicant
request reconsideration in order to provide the Camussion and staff with
additional info=tion requested regarding noise contours and noise mitiga-
tion measures.
planning Camdssion Minutes - October 8, 1986
Page Two
C. PRESENTATIGNS FROM THE FLUOR: (continued)
Chairman Siegel expressed concern over setting public hearing this evening
when the information has not yet been provided, suggesting that the Sam
subcommittee meet once the inforiation is provided to the Town, make
their review and then forward to the Commission and set the public hearing
at a later date, noting this would enable staff and commission time to
review the supplemental information provided.
Staff, C mndssion and Mr. Rainey discussed the time schedule needed to
review supplemental information provided by the Sub -committee, Staff and
Planning Commission.
MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Siegel and
passed by the following roll call vote to reconsider the Tentative Map
for the Lands of Currie, File #TM 3-86, provided that the applicant file
a written consent for an additional 60 days (by Wednesday, October 15, 1986).
ROLL CALL:
AYES: Commissioners araing, Lachenbruch, Struthers and Siegel
NOES: Camussioner Kaufman
ABSENT: Camnissioner Yanez
Applicant agreed to sixty (60) day tine extension.
D. REPORT FROM CITY COUNCIL MEETING OF OCTOBER 1, 1986:
Commissioner Struthers reported the City Council set public hearings for the
Appeal of Planning Commission decisions on Handley and Scarff applications;
approved Special Land Use Permits for Allegra addition, and Wilson Development
for New F.sidence; received a status report on Cable TV from City Manager;
Adopted Nuisance Ordinance; granted extensions under Urgency Ordinance #300
for Pickett and Stark applications; continued consideration of Name Change
to next meeting; received report from Pathway Committee and Heritage Camlittee.
Struthers noted there will be another opening on the City Council, with
the appointment being nade the first meeting in November.
Mary van Tamelen informed Commission, Mr. Siegel has been appointed to the
City Council and will be sworn in at the October 15, 1986 meeting, van Tamelen
also indicated the vacancy at the end of this month (Rich Rydell) will also
be filled at the November 5th meeting, noting applicants frau previous
appointment will still be considered as well as any new applications received.
E. PU3LIC HEARINGS:
1. Lands of Greenwood, File #VAR 9-86, 26075 Duval Way, Variance Request to
exceed the maximum height allowed for fences along roadways, Section
10-1.504 (a) in order to construct a six foot noise barrier wall
Ms. Lytle referred to Staff Report dated October 1, 1986, informing Commission
the Greenwood's are proposing to construct a 6' noise wall within a driveway
easement which crosses along the back of their lot, noting the wall is located
21' fsnn the property line which lies adjacent to I-280. Staff recommended
approval of the Variance request to exceed the maxut fence height by 1/2',
L based on findings as supported in Municipal Code Section 10-1.1107. Ms. Lytle
�
r recommended that the City Engineers conditions be made part of the approval.
The Public Hearing was then opened.
Planning Commission Minutes - October 6, 1986
Page Tbree
E. PUBLIC HEARINGS:
1. Lands of Greenwood (continued)
�r Mr. Greenwood, 26075 Duval Way, reviewed with Commission the location,
material and screening of the proposed noise wall, asking Commission to
approve his variance request, noting all neighbors have signed the variance
application.
Ms. Lytle informed Commission this application will require Administrative
Site Develop went Permits, and at that time staff can require landscaping
for mitigation of off site views, (i.e., I-280).
The Public Hearing was then closed.
MOPICN SECONDED AND CARRIED: Moved by Lachenbruch, seconded by Yanez and
passed unanimously to approve the Lands of Greenwood, File WAR 9-86,
as the necessary findings for granting of a variance per Section 10-1.1107
of the Municipal Code are supported. The Variance approval also contains
City Engineer's conditions as stated in his menro of October 3, 1986.
2. Lands of Fasterbrooks, File #VAR 8-86, 25541 Fremont Road, APN: 175-23-022,
Variance Request for encroach into the front yard setback by ten feet,
to encroach into the declining height envelope and to exceed the
Maximum Development Area (NIDA) for the lot, for a New Residence
Ms. Lytle referred to Staff Report dated October 2, 1986, informing Commission
the applicant applied for zoning and site development permits to construct a
new residence on February 3, 1986, noting the previous residence was destroyed
by fire in 1985; the application was determined incomplete and additional
information required, i.e., septic drainfield adequacy, flood control measures.
Ms. Lytle informed O mmission that the applicant had been informed to apply
for a variance to intrude into the front setback as the Site Development Committee
would require additional road right-of-way, while in the process stages for
variance the City Council adopted the new zoning ordinance, which also requires
that lots with less than .5 lot unit factor receive a Conditional Development
Permit and therefore, necessary for the applicant to apply for this permit
as well, furthermore, Ms. Lytle noted under Ordinance #305 the project exceeds
the NIDA for the lot. Ms. Lytle informed Commission that the required findings
of Section 10-1.1107 are supported for the variance request to intrude into
the setback and height envelope. Ms. Lytle also informed Comission the
variance to exceed NIDA is not supportable with sufficient evidence, since
each property in the zoning district has an NIDA based on it's slope and net
area, and this lot will be granted minimum maximums unless the Planning
Commmission determines that these allowances should be further lowered in
their Conditional Developcent Permit review. Ms. Lytle recommended that
the Oonmission approve the variance request to encroach into the front setback
and declining height envelope, but deny the variance to exceed the NIDA for
the lot.
Commissioners questioned availability of sewers to this lot. Mr. Ekern infornied
Commission sewers are not up to this property, noting the nearest correction
is across Adobe Creek in Los Altos. Struthers noted there is also a sewer near
E Bullis School.
�I The Public Hearing was then opened.
Mr. Bill EasterbrOOks, Owner, infoimed Commission he had looked into the sewer
connection from across Adobe Creek, noting the cost to him would be $50,000
in order to bring in a main line, and those neighbors adjacent would also be
able to hook up at an assessed fee.
Planning Camussion Minutes - October 8, 1986
Page Four
E. PUBLIC HEARINGS:
` 2. Lands of EasterbrOOks (continued)
Mr. Easterbrocks further informed Commission he has been working with Art Kaupert
of the Health Department to provide adequate drainfield system for this property,
noting they have arrived at a decision to have 2 systems (one on each side of
the tributary) and will agree to a condition that if the septic system fails,
he will connect to sanitary sewer.
Chairman Siegel informed Commission and staff of concerns on how this application
is being processed, noting the Conditional Development Permit should be considered
first, as this may affect the variances being requested this evening, asking
if other Comissioners also feel that this request for variance should be
continued and hear all three applications at our next meeting.
Ms. Lytle informed Cmadssion that it would be logical to deal with these applica-
tions simultaneously, however, the applicant had requested that this variance be
brought before commission for decision this evening.
Mr. Easterbrocks informed Camnission the reason he requested the Commission to
consider his variance requests, was to be able to coo nicate with commission
over any concerns raised and issues that could be addressed this evening and
than proceed with other applications. Mr. Easterbrooks informed Commission he
has spoken with all adjacent neighbors and they have all signed the variance
application with the exception of Mr. Miller across Freont Road (because of
flooding concerns), explaining to c ssion the design locations of proposed
garage and residence, noting the total square footage including the garage is
1,900 sq.ft. approximately.
Mr. Ward Jones, Ins Altos Hills, informed Cmmission he is a friend of Mr.
Easterbrooks and questioned wiry the processing is taking so long, noting the
house was destroyed by fire in June of 1985.
The Public Hearing was then closed.
Commission and staff discussed processing this application with regard to time
requirements of the Than and State Laws; and under which ordinances it should
be applied towards. With regard to the variance requested for development area
increase, the Commissioners expressed concern over processing the variance
request prior to the conditional development permit.
MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Lachenbruch and passed
unanimously to continue Lands of Easterbrooks Variance, File #VAR 8-86 to allow
Conditional Developernt Permit to be considered prior to the variance request;
all applications (Conditional Development Permit, Variance and Site Development)
will be on the October 22, 1986 Planning Commission Agenda - first item.
Commissioners requested that they hope to see a new plan submitted which would
show the right-of-way and conforms to conditional development requirements.
Commissioners also noted if the residence is pushed back into the lot, the
applicant should also notify adjacent property Owners who signed the variance
application previously to make them aware of changes. With regard to develop-
ment area coverage, commission discussed the use of turf black for the driveway
and parking area which would decrease the figures a little.
Planning Cwimissirn Minutes - October 8, 1986
Page Five
E. PUBLIC HEARINGS:
3. & 4. Lands of Morris, File #CUP 9-85, Conditional Use Permit for a
,kWsecondary dwelling unit; Site Development Permit to construct
a guest/pool house, deck and patio
Ms. Lytle referred to Staff Reports dated October 2, 1986 for the Conditional
Use Permit and Site DeveloFrent Permit for a secondary dwelling unit, informing
cca¢ission that the findings in Section 10-1.1107(a) necessary for granting of
a conditional use permit can be made, noting the proposed secondary dwelling
unit meets the zoning ordinance requirements and is properly located, further
noting the proposal also meets the requirements of Section 10-1.703 (k).
Ms. Lytle recommended that the Commission approve the Conditional Use Permit
for a secondary dwelling unit subject to conditions of approval attached to
the October 2, 1986 Staff Report; and to approve the Site Development Permit
subject to a condition that a landscape plan be required and geologist
conditions be made part of the conditions of approval recaanended by the
City Engineer in his memo of October 3, 1986.
The Public Hearing was then opened.
Mr. Morris, 12195 Padre Court, asked Commission to approve his conditional use
permit and site development permit to construct secondary dwelling unit as
proposed.
Mr. May, Architect, informed Camnission of the design changes made since the
first application submittal, describing the characteristics of the lot
and their design.
Commissioner Lachenbruch expressed concern over the visibility of the structure
asking if it could possibly be lowered by approximately 21, noting this would
be easier to landscape and the wheelchair access would be better-accomodated.
Mr. Morris informed Commission with regard to lowering the structure, they
have re -designed based upon concerns raised previously by the City Engineer,
noting they would like to keep as much area for play area for their children.
Mr. Ekern informed Commission the original concerns were raised over grading
involved with the structure, but have since changed their design and care back
for review.
The Public Hearing was than closed.
MOEICN SECONDED AND CARRIED: Moved by Kaufman, seconded by Yanez and passed
unanimously to approve the Conditional Use Permit for the Lands of Morris,
File #CUP 9-85 subject to conditions of approval attached to the October 2, 1986
Staff Report.
MOTION SE03NDED AND CARRIED: Moved by Yanez, seconded by Lachenbruch and passed
by the following roll call vote to approve the Site Developnent Permit for the
Lands of Norris, 12195 Padre Court subject to Conditions of Approval in the
City Engineers memo of October 3, 1986 and: Landscape Plan shall be submitted
and approved by Site Development Committee prior to final inspection; and
all recomendations made by the Town Geologist shall also be conditions of
approval.
ROLL CALL:
AYES: Commissioners Emling, Kaufman, Lachenbruch, Yanez and Chairman Siegel
NOES: Commissioner Struthers
Commissioner Struthers informed Commissioners that the structure is too high,
too visible and could be built not to be so obstructive.
Planning co mission Minutes - October 8, 1986
Page Six
E. PUBLIC HEARINGS:
5. Lands of Yoshida, 14945 Page Mill Road, Appeal of Adh, istrative Decision
\r to deny a zoning permit
Ms. Lytle referred to staff report dated October 2, 1986, informing Cammission
the Yoshida's have constructed a walkway at 14945 Page Mill Iniad which could
not be approved because it exceeds the maximum development area for the lot,
noting in order to grant the request of the applicant to retain the walkway,
a variance would be required, however, staff does not feel that the unusual
circunsntances described in the letter from Mr. and Mrs. Yoshida would
support a variance as they are not related to the size, shape, topography,
location and surroundings of the property. Ms. Lytle informed Ca ssion
that they may wish to refer the appeal to the City Council, rather than
recamend the applicant applying for a variance. Ms. Lytle further informed
Comnission that if the Ccnmission does approve this request, staff would
have to appeal the decision to the City Council.
Caanissioners questioned if at the time of Site Development, did the applicant
have a landscape plan? and did this plan include walkways? Caanissioner Yanez
inforned Camiissioners, he reviewed plans on file earlier today at Torn Hall
with the City Engineer, noting there was an elaborate landscape plan which
included walkways and a pool site.
TT2 Public hearing was then opened.
Mr. Frank Yoshida, 14945 Page Null Road, informed Cacmission the Landscape Plan
was submitted in 1981 by the contractor for review and approval by the Town.
The Public Hearing was than closed.
Chairman Siegel expressed concern ever this application, asking that the
Commission do everything that we can to help Mr. Yoshida because of the
unusual ciromistances vhich have occurred on this property.
Commissioners questioned what the allowed development area was when the applica-
tion was approved. Conmissioner Yanez indicated according to the City Engineer
the allowed NIDA eras 17,400 sq.ft. Commissioner Lachenbruch indicated that at
the time of the original proposal there was plenty of developnent area allowed
to accanrodate this request and agrees with Chairman Siegel, noting it seems
perfectly reasonable to authorize this appeal, because of delays and hardship
induced on the applicant with occupancy of getting into the house.
Commissioner Kaufman also noted he supports the appeal, as in 1981 the Town
did not require walkways to have building permits.
MOTION SEO LADED AND CARRIED: Moved by Elnling, seconded by Lachenbruch and passed
unanimuyrthnappeal made by Mr. and Mrs. Yoshida, 14945 Page Mill Road,
and to reccnrwnd to the City Council that they support the Planning Caimission's
decision if staff feels that they must appeal our decision.
6. Lands of Schroeder, File #VAR 10-86, 26991 Taaffe Road, Pequest for Variance
Applicant requested that this item be continued - to be heard at the October
22, 1986 Agenda.
planning Camission Minutes - October 8, 1986
Page Seven
F. NEW BUSINESS:
1. Caamissioner Kaufman ca ended Chairman Siegel on his work with the
Planning Ca ssion and indicated that we would all miss him.
Commissioners and staff concurred.
NOTION SECONDED AND C RRIED: Pkbved
by Kaufman,
seconded by
Siegel and passed
unanimously to elect Ca ssioner
Struthers as
Chairman and Camassioner
Yanez as Vice -Chairman, to become
effective at
the October
22, 1986 meeting.
Commissioner Lachenbruch informed Ccm[nission and Staff that he previously
circulated a letter of resignation and would like to reactivate that letter,
noting this would be his last meeting (resignation officially active on
October 20th). Caanissioner Lachenbruch indicated that he is sorry he
has to leave and that he will miss all the people he has worked with, noting
he will try to continue on working with the transition committee with regard
to the newly adopted zoning ordinance.
Staff and Ommnission thanked Commissioner Lachenbruch for all his years of
support and wished him well with his retirement from Ccumission.
G. OLD BUSINESS:
1. Study Session - Housing Element
New date set to allow the attendance of the City Attorney: Thursday,
October 23, 1986 at 4:00 p.m.
cc mittee Chairman and City Council will be invited to attend.
2. Mary van Tamelen informed Cumassion that Mr. Siegels replacement will be
made at their meeting of November 5th, with the possibility of Lachenbruchs
replacement also being made that evening. van Tamelen noted that the
applicants who previously applied for Camnission and City Council vacancy
will be considered.
3. Mary van Tamelen informed Commission of orientation Day on November 13th
5:30 - 7:00 for Camittee, Commission and City Council.
H. ADJaJRIa'=:
There being no further new or old business, the meeting was adjourned at
9:50 P.M.
Respectfully submitted,
Leslie Mullins
Engineering/Planning