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HomeMy WebLinkAbout11/12/1986PLANNING COMMISSION TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday, November 12, 1986 Reel 125, Side I, Tract I, 150 -End; Side II, Tract I, 000-285 A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Carico, Emling, Patmore, Stutz, Yanez and Chairman Struthers Absent: Commissioner Kaufman Staff: Michael W. Enright, City Engineer; Nancy Lytle, Town Planner; Leslie Mullins, Secretary City Council Representative: Dronkert B. CONSENT CALENDAR: MOTION SECONDED AND CARRIED: Moved by Carico, seconded Yanez and passed unanimously to approve the Consent Calendar, specifically: 2. Setting Public Hearings for November 26, 1986: a. Lands of Easterbrooks, File #CDP 2-86, 25541 Fremont Road Site Development and Conditional Development Permit for new residence b. Lands of Bavor, File #VAR 12-86, 13816 Page Mill Road, Variance for fence construction c. Lands of Carey, File #VAR 14-86, 13500 Country Way, Variance and Site Development Permits for new residence d. Lands of Finney, File #VAR 11-86, 11876 Murietta Lane, Variance and Site Development Permit for addition e. Lands of Currie, File #TM 3-86, 25541 O'Keefe Lane, Tentative Map and Negative Declaration, 8 lots The minutes of October 22, 1986 were not available for approval at this %W hearing, they will be placed on the November 26, 1986 Consent Calendar. page two C. REPORT FROM CITY COUNCIL MEETING OF NOVEMBER 5, 1986: Commissioner Emling reported the City Council approved an appeal of Planning Commission decision regarding Vancheiri on La Loma; approved appeal of Yoshida on Page Mill Road. City Council discussed Cable TV, noting at the next scheduled Planning Commission meeting, the City Council has directed the Cable Companies to attend to discuss the placement of 60' tower. The Los Altos Garbage Company increase was continued. Chairman Struthers briefly informed Commissioners of the Cable TV companies needs for the antenna and the services that may be included with the new system. D. PUBLIC HEARINGS: Lands of Bellucci, File #CUP 3-80, 26220 Moody Road, Conditional Use Permit, Annual Review (Secondary Dwelling Unit) Ms. Lytle referred to her Staff Report dated November 5, 1986, informing Commission the Planning Commission at their meeting on March 27, 1985, modified the terms of the Conditional Use Permit to allow for occupancy by relatives and caretakers and to allow kitchen facilities, as well as continuing discussion to allow the applicant to have a landscape plan review by the site development committee, which was approved by Site Development Committee on May 1, 1985; Commission approved the Annual review on May 22, 1986. Ms. Lytle informed Commission has conducted a field trip to the property and found the landscaping to be installed and maintained, according to the plan, noting the fence which was required is still in place. Ms. Lytle indicated that based on a field inspection, interview with owner, and not receiving any formal complaints with regard to the second unit, staff recommends that the Planning Commission approve the extension of the Conditional Use Permit. The Public Hearing was then opened. Mr. David Bellucci, 26220 Moody Road, requested that the commission amend the annual review to be reviewed by the commission every five years. The Public Hearing was then closed. Ms. Lytle informed Commission the standard review for conditional use permits is every three years by commission and annually by staff. page three MOTION SECONDED AND FAILED: Moved by Yanez, seconded by Stutz and failed by the following roll call vote to amend Condition 5.A. to conduct the annual review every three years by the Planning Commissin and annually by Staff. ROLL CALL: AYES: Commissioners Patmore, Stutz, Yanez NOES: Commissioners Carico, Emling and Chairman Struthers ABSENT: Commissioner Kaufman MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Emling and passed by the following roll call vote to approve the extension of the for Lands of Bellucci, Conditional Use Permit, File #CUP 3-80 ROLL CALL: AYES: Commissioners Carico, Emling, Patmore, Stutz and Chairman Struthers NOES: None ABSTAIN: Commissioner Yanez 2. Lands of Fremont Hills (Pinewood Private School), File #CUP 8014-76, 26800 Fremont Road, Annual Review Ms. Lytle referred to Staff Report dated November 5, 1986, informing Commission staff has contacted Mr. Lyn Riches, Headmaster of Pinewood's Private School, regarding compliance with the terms of the Use Permit, according to Mr. Riches, the school is in compliance with all conditions of the permit, noting the enrollment is currently 250 students. A field inspection was made by staff and the required plantings have been installed and are being maintained. Ms. Lytle recommended that the Planning Commission adopt a motion approving the extension of the subject conditonal use permit based on interview with Mr. Riches, field inspection of the landscape plan, and that the Town has not received any formal complaints regarding the school since the last annual review. The Public Hearing was opened and closed with no one speaking for or against this item. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Yanez and passed unanimously to approve the extension for Lands of Fremont Hills, Pinewood Private School, Conditonal Use Permit, File #CUP 8014-76 3. Lands of Boyd, 13300 Robleda Road, Appeal of Administrative Decision to deny zoning permit for an addition page four Ms. Lytle referred to Staff Report dated November 5, 1986, informing Commission on July 22, 1986 the application for remodel of the residence at 13300 Robleda Road was denied for zoning permit, because the plans exeed the MDA for the lot, both according to the ordinance in effect at that time and under the new Ordinance 11305. Ms. Lytle informed Commission the proper remedy for this project request is a variance. Ms. Lytle noted the Commission may want to provide feedback to Mr. Boyd as to the potential for making the required variance findings, noting that staff has been unable to support the required findings for variances to exceed the MDA for the majority of properties in the Town. Ms. Lytle informed Commission, staff recommends that the Planning Commission deny the appeal of the applicant and uphold the administrative decision, noting should the Commission decide to grant the appeal, they will be, in effect, ordering staff to issue a permit which violates the zoning ordinance, therefore making it necessary for staff to appeal the Commission's decision to the City Council. Commission questioned staff on how driveway for the subject lot is counted towards the development area. The Public Hearing was then opened. Mr. Boyd, 13300 Robleda Road, addressed the Commission with regard to his application for an addition to his residence, asking how he should now proceed? The Public Hearing was then closed. Commission and staff discussed the alternatives accessible to Mr. Boyd, noting the Variance process is appropriate, informing Mr. Boyd that the City Council and Planning Commission have a Sub -Committee who are working on concerns raised with the newly adopted zoning ordinance. Commission directed Mr. Boyd to seek help through the staff with regard to this application and possible variance. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Patmore and passed unanimously to uphold Staff decision, Land of Boyd, 13300 Robleda Road, and recommend that the applicant apply for variance. 4. Lands of Zappettini, File #TM 4-86, Altamont Road, APN: 182-28-004, Nowack & Associates, Engineer, Request for Approval of Tentative Map and Negative Declaration for five lot subdivision Mr. Enright informed Commission since the submittal of plans for the packet the Tentative Map has been updated to include the correct turning radius as required by Ordinance, passing out the new tentative map for commissions review. Ms. Lytle referred to Staff Report dated ` November 6, 1986, informing Commission this is a request for a five lot iW subdivision, noting the property is currently developed with a primary single family residence, cottage and several accessory buildings and page five other amenities. Ms. Lytle noted a major portion of the property I been planted with rows of eucalyptus trees and other ornamental species, which were used to provide cuttings for the Zappettini's nursery business. Ms. Lytle described the property to Commission with regard to zoning and subdivision ordinance requiremments. Ms. Lytle noted the proposed subdivision complies with state and local subdivision ordinance requirements. Ms. Lytle indicated issues related to the subdivision include: 1) Geotechnical Constraints; 2) Pathways; 3) Conservation Easements; and 4) Previous subdivision designs. Ms. Lytle recommended to the Commission that:1) the Commission adopt a motion recommending that the City Council approve the filing of a Negative Declaration for this project with the Santa Clara County Clerk; 2) the Commission grant a Conditional Exception to the requirements of Section 9-4.603(s), requirement for tree mapping; and 3) the Commission adopt a motion recommending that the City Council approve the Lands of Zappettini Tentative Map, subject to the Conditions of Approval attached to the November 5, 1986 Staff Report. The Public Hearing was then opened. Mr. Paul Nowack, Engineer, informed Commission they have worked long and hard on numerous revisions to this tentative map, noting the proposed conditions of approval are acceptable with exception to conditon 1.A., asking Commission to modify the condition to allow the existing barn on lot #5 to remain, and route the conservation easement around it; also the open space designated is confusing and difficult to define, asking that it be 90' instead of 1001. Commission and Mr. Nowack discussed drainage courses for proposed lots, driveway access and existing trees. Mr. Dubois Montgomery, 27464 Altamont Road, informed Commission he has in the past raised objections to the proposed subdivision, but now find the tentative map acceptable. Mr. Montgomery questioned if the barn would be allowed to remain how would it affect the development area and would they be allowed to rennovate it? Ms. Lytle informed Commission and Mr. Montgomery that if the Commission did allow for the barn to remain, that it would be counted towards development area and floor area, noting if desired to be modified as a guest house with kitchen facilities, it would require a conditonal use permit to be issued by the Commission. The Public Hearing was then closed, and commission began review of the Conditions of Approval. M, page six MOTION SECONDED AND CARRIED: Moved by Stutz, seconded by Yanez and passed by the following roll call vote to amend Condition 1.A. to read as follows: The owner shall dedicate a Conservation Easement as redlined by staff on the Tentative Map, dated received October 3, 1986, to the satisfactin of the City Engineer and Town Planner. No structures, grading or vegetation removal shall be allowed within the easement, except existing barn and installation of public improvements. ROLL CALL: AYES: Commissioners Emling, Patmore, Stutz, Yanez and Chairman Struthers NOES: Commissiner Carico ABSENT: Commissioner Kaufman MOTION SECONDED AND CARRIED: Moved by Yanez, seconded by Emling to accept Condition 1.C. as written. ROLL CALL: AYES: Commissioners Carico, Emling, Patmore, Stutz, and Yanez NOES: Chairman Struthers ABSENT: Commissioner Kaufman MOTION SECONDED AND CARRIED: Moved by Stutz, seconded by Yanez and passed unanimously to amend Condition 1. D. to read as follows: The owner shall dedicate pathway easements as indicated on the referenced Tentative Map and along the eastside of Zappettini Court, to the satisfaction of the City Engineer. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Stutz and passed unanimously to amend Condition 5.A. to read as follows: A Type IIB pathway shall be constructed within the road right-of-way for Altamont Road, and along the east side of Zappettini Court, separated from the roadway by the existing hedge, per recommendation of the Pathway Committee, and to the satisfaction of the City Engineer. MOTION SECONDED AND CARRIED: Moved by Stutz, seconded by Yanez and passed by the following roll call vote to amend Condition 5.E. to read as follows: The two wells on the property are to be renovated for irrigation use or be sealed to the satisfaction of the Environmental Health Department and City Engineer. ROLL CALL: AYET: Tommissioners Patmore, Stutz, Yanez and Chairman Struthers NOES: Commissioners Carico & Emling ABSENT: Commissioner Kaufman MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Struthers and passed unanimously to amend Condition 5.G. to read as follows: Prior to final map recordation, in conjunction with subdivision improvements, a fire hydrant shall be installed at the end of the proposed private road at a location selected by the Fire Department, to the satisfaction of the City Engineer. The existing fire hydrant located at the curb of Altamont shall be relocated to curb corner at Altamont Road and Zappettini Court. page seven Passed by Consensus to add to Condition S.I. the following: Access to Zappettini Court shall be to the satisfaction of the Los Altos Fire Department, and should be kept open when subdivision is completed. MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Yanez and passed unanimously to Add Condition S.J. to read as follows: Owner shall enter into Road Maintenance Agreement for Zappettini Court to the satisfaction of the City Attorney and City Engineer. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Patmore and passed unanimously to recommend that the City Council approve the filing of a Negative Declaration for the Lands of Zappettini with the Santa Clara County Clerk. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Stutz and passed unanimously to grant a Conditional Exception to the requirements of Section 9-4.603 (s), requirement for tree mapping. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Yanez and passed unanimously to recommend approval of the Lands of Zappettini, File #TM 4-86, subject to the Conditions of Approval as amended. Lands of Del Monte Developers, Inc., (Formerly Lands of Bahr), Three Forks Lane, Preliminary Review of Proposal to realign Three Forks Lane outlet from Page Mill Road to Country Way C. Mr. Enright referred to Staff Report dated November 6, 1986, informing �I Commission Nowack and Associates, acting as Engineer for a potential change in the alignment for Three Forks Lane from Page Mill Road to Country Way. Mr. Enright gave commission background information with regard to the Lands of Bahr subdivision which was approved in February, 1980, noting at that time the Bahr's entered into an agreement with the Town to participate in any assessment district for the future improvement of Three Forks Lane to Page Mill Road via Country Way. Mr. Enright noted Nowack is proposing the Country Way alternative because it does not require the acquisition of any right-of-way from a private property owner. In order to construct a road between the present Three Forks Lane and Country Way, the Matadero Creek culvert under Country Way would have to be extended, noting only minor grading would be involved with this proposal and at present the proposed alignment is covered by a dense growth of "native" vegetation. Commission and staff discussed the proposed access, where it would be located, what is existing, and the proposed future width of Three Forks Lane. The Public Hearing was then opened. Mr. Paul Nowack, Engineer, informed Commission his client is considering purchasing the Bahr property informing Commission that during the tentative map process in 1980 we had some difficulties with age 8 regard to riparian habitat and the access, etc., and would like son input from the Commission with regard to proposed access for future subdivision. Mr. Carl Cottrell, 13480 North Fork Lane, informed commission he would not be interested in the project if it were at his expense, however, noting at a later date he will have a need to subdivide and the future access would be in best location, and could possibly have a great affect on his development, noting he has no objection to Country Way access. Mr. L.C. Royden, 13466 North Fork Lane, informed commission they are pleased with proposed access through Country Way to Page Mill Road, indicating some concern over existing vegetation removal. The Public Hearing was then closed. Commissioner Carico indicated the road was previously discussed during the Bahr subdivision to gain access through Country Way and stressed the importance of preserving as much vegetation as possible. Commissioner Emling indicated that with regard to safety, the Country Way access is a much more desirable route. kCommissioner Stutz indicated she is delighted to see something done about the poor access to Three Forks Lane, indicating a need for protection of the 28" and 34" oak trees at the entrance to Country Way. Commissioner Yanez questioned how the people who reside on Country Way felt about this access?, indicating that he felt it is very piece meal. Staff informed Commissioner Yanez and Commission mailing to all properties within 500' of the subject property were informed, by the required notification process. Commissioner Patmore indicated she agrees with Commissioner Carico, stressing the need to protect creekbed and preservation of exsiting vegetation and preservation of animal access. Chairman Struthers stressed the importance of preserving as much vegetation as possible, preservation of oak trees. Struthers questioned if there is anyway of obtaining property south of the oaks so as not to cross the creek, if feasible. Struthers raised concern over creek disturbance, plant life and animal access, asking that the applicant explore access which would avoid covering the creekbed, also noting she would prefer a bridge, and that this proposed access is much safer and better than existing. 6. Lands of Currie, File #TM 3-86, 25545 O'Keefe Lane, APN: 175-48-056, (ACE Consulting Engineers), Request for approval of Tentative Map and Negative Declaration for an eight lot subdivision Lpage 9 Ms. Lytle referred to Staff Report dated November 5, 1986, informing Commission the Sub -Committee just met earlier today, (one copy of the prothe tee has they proposal be c forwarded tonfulle commissiontfor review atmthee at next scheduled meeting. Commission indicated the time and date for continuance will be discussed after the next scheduled item. E. NEW BUSINESS: Lands of May, 26810 St. Francis Drive, Request for interpretation of Floor Area by applicant's architect Steinberg Group Ms. Lytle referred to Mr. Ekern's Staff Report dated November 6, 1986, and Mr. Tanaka's Letter of November 4, 1986, informing Commission the architect have created areas beneath the main floor area of the house which are enclosed by walls and have heights greater than eight feet, noting in order to meet the zoning ordinance requirements for maximum floor area, the architects counted certain portions of this area, most notably the garage and small entry, but neglected to count certain hallways and areas which are labeled on their plans as "unused space", these areas noted as unused have caused the proposal to exceed the allowed floor area, making staff unable to issue a zoning permit. Ms. Lyle noted they also intend to add fill to the interior space to limit the height of the space. Ms. Lytle informed Commission, staff has some concern that the sentence relating to "extended contour lines exceeding natural ground" was inadvertently dropped from the floor area definition in the newly adopted zoning ordinance, however, by implication, the definition of height would still affect the interpretation of floor area, noting the sentence should, for the sake of clarity, be reinserted into the floor area definition code section. Ms. Lytle indicated staff makes no recommendation to the Commission other than to make their interpretation such that it relates to their concerns for bulk of a structure in general. Mr. Tanaka, Steinberg Group, informed Commission they are trying to adhere to the requirements of Ordinance #300, noting they are completely re -designing and taking the 2nd floor off, noting they have made sure that they are below the allowed development area, height is less than the allowed 27' indicating their only grey area is the unused space on the 1st floor. Mr. Tanaka referred to the Uniform Building Code and berm structure, noting in essence this will be a new residence, as they are tearing down the 2nd floor but are saving the existing foundation. Commission, staff and applicant discussed the proposal with regard to kkw floor area, height, fill and natural grade ordinances, raising some concern that at a later the unused space could be used, and staff should intrepret floor area as written in the zoning ordinance. page 10 MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Carico and passed by the following roll call to uphold staff interpretation, that this is considered usable space, whether used or not, and unless the applicant can prove he's not filling above natural grade, this would be counted towards floor area. ROLL CALL: A ommissioners Carico, Patmore, Stutz and Chairman Struthers NOES: Commissioners Emling and Yanez MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Emling and passed unanimously to reinstate into Ordinance #300, the following sentence, "extended contour lines exceeding natural ground" to the floor area definition. Mr. William May, 26810 St. Francis Drive, asked Commission for guidance, as we have worked long and hard on this proposal and believe that it is in accordance with the zoning ordinance. 2. Prioritization of items on the Draft Work Program Ms. Lytle referred to memos dated October 27 and November 6, 1986, informing Commission she has provided Commission with a Draft Work Program which summarizes issues which have been requested to be studied by the Commission over the last two years, asking that each commissioner review the list and rank the items in order of their priority and return them to her. Ms. Lytle noted commission should feel free to include important items not listed, or exclude any items which are considered irrelevant, noting she would then prepare a summary of the rankings for the next scheduled meeting, and commission could then adopt a work program, which we will then take to Council for their review. Commission and Ms. Lytle discussed briefly items on the work list, noting commissioners should take the list home and review, and get comments back to Ms. Lytle on Monday, November 17th. Next regular scheduled meeting date (night before Thanksgiving) Passed by Consensus to hold the next meeting on Wednesday, November 26, at 1:00 P.M. Commissioners requested that the Lands of Currie, Tentative Map be scheduled as the first item on that agenda. F. OLD BUSINESS: 1. Commissioner Carico informed Commissioners that she ran across an old Ordinance with regard to Noise, and will distribute it to commission �, for their review of the Lands of Currie. page 11 Chairman Struthers informed Commission she attend the Planning Commission forum in Campbell, which was mainly regarding Preservation 2020 Study, Hillside slope ordinance, promoting cluster housing, noting the report will be available in January for commissions review. Struthers reported they also had discussion over antennas (for use of communication / broadcasting), informing Commission the next meeting is scheduled to be held in Mountain View. O. ADJOURNMENT: There being no further new or old business, the meeting was adjourned at 11:25 p.m. Respectfully submitted, Leslie Mullins Planning Technician WW