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HomeMy WebLinkAbout12/10/1986C PLANNING COMMISSION TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday, December 10, 1986 Reel 125, Side II, Tract II, 020 -End; Reel 126, Side I, Tract I, 000-080 Chairman Struthers called the meeting of the Planning Commission to order in the Town Hall Council Chambers at 7:30 P.M. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Carico, Emling, Kaufman, Patmore, Stutz, Yanez (arrived 7:40p.m.) and Chairman Struthers Absent: None Staff: Michael W. Enright, City Engineer; Nancy Lytle, Town Planner Leslie Mullins, Sectretary City Council Representative: Mayor van Tamelen CONSENT CALENDAR: B. 1. Removed - November 26, 1986 minutes (Kaufman) Kaufman requested the minutes of November 26, 1986 on page thirteen, first paragraph, eleventh line, be amended to add: ..."not" have... MOTION SECONDED AND'CARRIED: Moved by Kaufman, seconded by Patmore and passed unanimously to approve the minutes of November 26, 1986 as amended, and to set the following items for public hearings for the January 14, 1987: (Commissioner Yanez absent) 1. Lands of Komo, File #VAR 15-86, 23225 Ravensbury Avenue, Request for variance and site development permit for garage. 2. Lands of Stark, File #CUP 2-86, 13431 Wildcrest Drive, Request for conditional use permit for second unit above garage. 3. Lands of Bellucci, File #TM 3-86, 26220 Moody Road, Request for Tentative Map for 11 lot subdivision. C. REPORT FROM CITY COUNCIL MEETING OFDECEMBER 3, 1986: Continued for Yanez to be present to make report. D. PUBLIC HEARINGS: 1. LANDS OF CAREY, 13500 Country Way, Requet for Approval of Site Development Permit for New Residence, (continued from meeting of Planning Commission Minutes - December 10, 1986 Page Two `, November 26, 1986) Ms. Lytle referred to staff report dated December 4, 1986, informing Commission at the November 26, 1986 meeting the Commission approved a variance request for the subject application in order to allow the applicant to exceed the Maximum Development Area for the lot, to a maximum of 7,200, and granted a variance to the requirement for a Type II foundation for the project. Ms. Lytle informed Commission the applicant has submitted plans dated December 4, 1986 which now conform with the variance granted. Staff recommends that the Commission approve the Site Development Permit for this application subject to the conditions as recommended by the City Enginneer in his memo dated November 20, 1986, and as amended on December 4, 1986. The Public Hearing was then opened. Mr. Stoecker, Architect, informed Commission he was available to answer any questions that may arise, noting they agree with the December 4, 1986 staff report and attachments. Commission questioned location of proposed spa. Mr. Stoecker indicated at the time of landscaping, the location of the spa may be slightly different. Commission questioned the proposed color of the residence. Mr. Stoecker indicated it would be horizontal redwood cedar board siding in light tones, with semi transparent stain, with a gravel roof to be tan or darker earth tones. Commission and applicant discussed the existing 40 oak trees and their protection during grading and construction operations. The Public Hearing was then closed. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Yanez and passed unan mous y to approve the Site Development Permit for the Lands of Carey subject to conditions as specified in the memo from Michael Enright, dated November 20, 1986 and amended on December 4, 1986, and as amended to include the roof shall be earth tone in color; and the residence shall be wood siding with stain to be a non -reflective in color. LANDS OF BABAYAN, 12940 Atherton Court, Appeal of the Conditions of Approval of the Site Development Permit issued by the Site Development Committee Ms. Lytle referred to staff report dated December 4, 1986 informing Commission an application for landscape plan was submitted on September 3, 1986 and reviewed by the Site Development Committee on September 17th, noting the Committee continued the item and recommended several measures be taken, including a wall to be constructed near the southerly property line in order to mitigate privacy and noise impacts to the southerly neighbor. Ms. Lytle explained that impacts have resulted due to a shifting of the house to the south, in conflict with the approved site development plans. Ms. Lytle informed Commission the application returned to Site Development on November 4, 1986 and the item was again continued because the applicant was not present. The applicant's proposal had been kw modified by the applicant to include a 60' long, six foot high stucco wall. On November 12, 1986, the Site Development Committee again Planning Commission Minutes - December 10, 1986 Page Three considered the item and approved the plan based on the condition that the wall be extended in length to shield the neighbor's bedrooms from privacy impacts. Ms. Lytle indicated that on November 18, 1986, the applicant filed an appeal of the Site Development Committee's conditions of approval, and in a letter from the applicant dated November 18, 1986, has requested that the Planning Commission require oleander plantings rather than the stucco wall. Staff recommends that the Planning Commission uphold the decision of the Site Development Committee, noting the purpose of the wall is to mitigate the impacts created when the house site was shifted without approval, ten feet further toward the southerly neighbor. Ms. Lytle noted the wall should be required to be screened from Robleda Road, with landscaping, in accordance with the Town's Landscaping policy, in ordder to mitigate visual impacts to off-site views. The Public Hearing was then opened. Mr. Babayan, 868 Terrace Drive Los Altos, informed Commission he is not against a fence, but would prefer that the adjacent property owner help participate in the cost of construction, noting he would much rather plant trees and shrubs for screening. Mr. Bob Morgan, 13201 La Cresta Drive, informed Commission that he is a member of the Safety Committee and is employed by the same company that Mr. Babayan is, indicating that he thought that the Town's usual position is to deter this type of construction, noting the house is more than double away from the allowed setback, asking why be penalized? Mr. E.C. Tryon, 12920 Atherton Court, informed Commission their concern is over privacy, and the proposed wall will regain some privacy, noting the Site Development Committee and City Council have already made their decisions and he is in full agreement with them on this subject. With regard to participating in the cost, Mr. Tryon indicated he would not voice any opinion without his wife being present. The Public Hearing was then closed. Commissioner Patmore noted that they should provide a line of site which would have been for the original site development approval, and should require mitigation at that point, suggesting perhaps a four foot wall instead of six. Commissioner Yanez indicated that he did not believe that a wall at this height could mitigate the concern of the adjacent neighbor, and referred to discussions which took place at the Site Development Committee Meeting, noting he was inclined to vote against the wall, as staff did and seemed that Chairman Struthers was inclined to de the same. Commissioner Yanez further noted that he would prefer to allow applicant to plant trees for screening and irrigation for their survival. Commissioner Stutz indicated that she did some field work with a stick at the 6' height, noting at this height it would not totally obscure window, noting 8' would be much better and should be 120' long from the pepper tree down to garage entrance, noting she could not guarantee that we were accurate, and noting that the plans provided do not reflect the accurate grading which has occurred on the lot. Planning Commission Minutes - December 1G, 1986 Page Four Commissioner Kaufman noted he felt it needed something higher, but would not like to see the wall any higher, and at 6' do not feel it will really do what we want it to accomplish, noting he would prefer plantings however, noting there is concern over their survival. Chairman Struthers noted this is not an easy location for plants, etc. to grow, noting the privacy wall is certainly greater in that it would remain if the plantings die away. Commissioner Emling noted he agrees with Commissioner Stutz, noting Babayan has never turned in a substantial plan which addresses the privacy issue or the property correctly and would move that we uphold the decision of the Site Development Committee. Commissioner Patmore indicated that she felt this was overkill, noting the adjacent property owner did not have total privacy before, asking what happens if we say no? Ms. Lytle informed Commission the decision would be overridden by conditions for landscape mitigation, and the decision could be appealed to the City Council within ten days of this decision. Commissioner Carico indicated she was not on the site development committee for the landscape plan but was for the residence, noting Mr. Babayan should have followed the original conditions of his approval and referred to the minutes of the City Council meeting on August 6th, the directions are all very clear. Mr. Bob Morgan, 13201 La Cresta, informed Commission that he was at the site with Councilwoman Dronkert noting the proposed wall has no impact on what they will see. Mr. Enright informed Commission as a reminder that all improvements to be installed must be installed prior to final of the residence per City Council. MOTION- SECONDED AND CARRIED: Moved by Emling, seconded by Carico and passed by the following ro call vote to uphold the decision of the Site Development Committee at their meeting of November 12, 1986 for the Lands of Babayan, 12940 Atherton Court. ROLL CALL: AY S: Commissioners Carico, Emling, Kaufman, Patmore, Stutz and Chairman Struthers NOES: Commissioner Yanez 3. LANDS OF CURRIE, FILE #TM 3-86, 25545 O'Keefe Lane, Request for Approval of Tentative Map for an eight lot subdivision, (continued from meeting of November 26, 1986) Ms. Lytle referred to staff report dated December 4, 1986, informing Commission at the meeting of November 26, 1986, the Commission continued the subject item with consent of the applicant, in order to allow the applicant to supply the commission with further information including Planning Commission Minutes - December 10, 1986 Page Five knoise level readings for individual lots, taken during morning and evening peak traffic hours. At the time of the writing of the staff report no additional information had yet been received, and was just received so staff has not had an opportunity to review the documents. The Public Hearing was then opened. Mr. Ron Rainey, 60 S. Market St., San Jose, informed Commission at the last meeting we were requested to provide additional noise readings, noting that due to adverse weather they did not complete it until today. Commissioner Patmore noted there was only one rainy day since the last hearing, noting she did not yet have a chance to review the information just provided to them at this hearing. Commissioner Carico indicated that she understood that the applicant has raised concern over her sitting in on this hearing, noting that she will step down from the hearing until she receives an opinion from the City Attorney on this matter. Mr. Rainey noted that he understood that at a previous meeting Commissioner Carico had questioned if she should step down, and it was indicated by Commission that it was not necessary but it was at your discretion. Commissioner Patmore indicated that perhaps this item should be continued for two issues: 1) additional noise information provided too late to allow any review by staff or commission; and 2) to receive opinion from the City Attorney with regard to Commissioner Carico's attendance at the hearings on this item, suggesting we ask for an extension to resolve these two items. Commissioner Kaufman noted he did not feel it is adequate to hold off due to Commissioner Carico's concern over attendance, but that the noise readings have been received late and are surprisingly high, noting however, that Mr. Pack is present at this hearing and would like to hear from him with regard to his report and proposed mitigation measures which could be taken. Mr. Currie, 25545 O'Keefe Lane, informed Commission he has sold the property, and is merely in attendance to see that things go smoothly, noting if the commission feels that 7 lots are more appropriate then it just makes my own lot larger. Mr. Currie informed Commission he has lived here for 19 years, indicating it is a very nice environment and you learn to live with the freeway noise, noting he believes that it is livable with propert mitigation measures, noting he does prefer that the commission approve the subdivision with 8 lots. Mr. Pack, Pack & Associates, referred to the report dated December 9, 1986 with the most recent readings taken on the subject property and the effectiveness of the future barrier, giving commission details and sketches on the blackboard with regard to property planning, noting each %me lot will have to be looked at individually, and utilize the building so it becomes interposed structure to screen between noise and amenities, Planning Cgmmission Minutes - December 10, 1986 Page Six 40;indicating a fence/barrier and landscaping within areas that will be used for relaxation outside. Mr. Mohammidian, 6222 Mojave Drive San Jose, referred Commission to visual plans, with regard to building siting and screening of each structure for mitigation of noise. Mr. Mohammidian also referred to the Los Altos Hills' General Plan, page 101 noting a 65 db level is normal and all of our lots are under 65 db. The Public Hearing was then closed. Commissioner Carico asked that Commission continue the Lands of Currie Tentative Map until they have a decision from the City Attorney, with regard to her attendance at the hearings. Commissioner Kaufman noted that Carico's decision to step down is her own, noting this came up several weeks ago and commission at that time gave her assurance that if she wished she should continue to be included in the review process. Mr. Rainey, informed Commission that the applicant does not wish to object to Carico's attendance, noting they would very much like a decision on this tentative map this evening. Commissioner Kaufman and Yanez indicated they should move along, noting with regard to the mitigation measures for the lots, that should be handled by the Site Development Committee at the time of review for the structures. Commissioner Patmore indicated she still felt that if Carico feels she should step down, we should continue until we receive determination from the City Attorney; and with regard to noise levels, preferred to set setback now rather than it be handled by the Site Development Committee. Commission then began a review of the Conditions of Approval. Commissioner Carico did not participate in review of the Conditions of Approval. Passed by Consensus that Condition 1.C. be amended to read as follows: The owner shall dedicate a ten foot wide pathway easement within the entire property boundary with I-280, as indicated on the referenced Tentative Map, to the satisfaction of the City Engineer and Pathway Committee. MOTTON'SECONDED AND CARRIED: Moved by Kaufman, seconded by Yanez and passed unan mous y to men Condition 1.D. as follows: The owner shall dedicate a Human Habitation Setback Line (HHBSL) to follow the 60 db ldn noise contour line, as measured on each lot subsequent to any subdivision noise mitigation measures as described in Condition 5•F. Passed by Consensus to Add Condition 1.E. to read as follows: The owner shall dedicate a twenty foot (201) wide emergency access easement to be LL located on Lot q4 from O'Keefe Lane along the entire existing driveway to e the most northerly property boundary, to the satisfaction of the City Engineer and Fire Department. Planning Commission Minutes - December 10, 1986 Page Seven V Passed by Consensus to amend Condition S.A. to include at end:"and in no case after Building Permit issuance". Passed by Consensus to amend Condition S.B. to include at end: "unless bonded". Passed by Consensus to amend Condition S.C. to include at end: "unless bonded". Passed by Consensus to amend Condition 5.D. to include at end: "unless bonded". Passed by Consensus to amend Condition 5.E. to include at end: "unless bonded". Passed by Consensus to amend Condition S.H, to include at end: "unless bonded". Passed by Consensus to delete Condition 6.A MOTION SECONDED AND CARRIED:Moved by Kaufman, seconded by Yanez and passed by the following rolT call vote to recommend approval to the City Council of the Lands of Currie, File #TM 3-86, subject to Conditions of t Approval as amended. 4V ROLL CALL: AYES: Commissioners Kaufman, Patmore, Stutz, Yanez and Chairman Struthers NOES: Commissioner Emling ABSENT: Commissioner Carico E. NEW'BUSINESS: 1. Zoning Ordinance Review Committee, Secondary Dwellings on Large Estates Ms. Lytle referred to memo dated November 24, 1986 from Zoning Ordinance Review Committee with regard to Secondary Dwellings on large estates, indicating the zoning ordinance review committee was established by the City Council to review a few specific items of the newly adopted zoning ordinance and to make any recommendations it may have regarding revisions to the new ordinance. At the initial meeting, three areas were identified by the committee to be reviewed: minimum MDA, the definition of development area (specifically in regards to artificiallly emplaced building materials) and allowing larger secondary dwellings on large estates. The committee has decided to only address the first two issues and to refer the issue of secondary dwelling units to the Planning Commission and staff for their study and review. 3• Planning Commission Appointments to Town Standing Committees 40, Pathway Committee - Chairman Struthers Planning Commission Minutes - December 10, 1986 Page Eight Environmental Design and Protection - Commissioner Stutz Roads & Drainage - Commissioner Yanez 4. Joint City Council - Planning Commission Meeting, tentatively scheduled for January 10, 1987 at 9:30 a.m. New time and date for Joint Meeting - Tuesday, January 13, 1987 at 7:30 P.M. 5. Commissioner Emling questioned what is considered a dwelling which can be inhabited by humans? Ms. Lylte referred to Municipal Code Ordinance and State Law requirements, noting detached unit must have toilet; and attached must have kitchen. 6. Commission questioned if Mrs. Zubriggen has received a response yet to her letter. Mayor van Tamelen informed Commission and staff that a letter in reply is on the City Clerk's desk to be typed and mailed. F. OLD BUSINESS: 1. Draft Work Program, Prioritization Ms. Lytle informed Commission she will forward the results to Commissioners and City Council prior to the January 13, 1987 Joint Study Session. G. ADJOURNMENT: There being no further new or old business, the meeting was adjourned at 11:00 P.m. kw 0 Respectfully submitted, Leslie Mullins Secretary