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HomeMy WebLinkAbout01/14/1987PLANNING COMMISSION TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, January 14, 1987 cc: Reel 126, Tr. I, Side I, 001-875 Chairman Struthers called the meeting of the Planning Commission to order in the Council Chambers at Town Hall at 7:30 p.m. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Chairman Struthers and Commissioners Emling, Kaufman, Patmore, Stutz and Yanez (arrived at 8:00 p.m.) Absent: Commissioner Carico Staff: City Engineer Michael Enright, City Planner Nancy Lytle and City Clerk Pat Dowd City Council Representative: James Plummer B. CONSENT CALENDAR: Item Removed: B.1 (Patmore) Patmore requested that on page three, paragraph seven, the sentence be corrected to read: -Commissioner Patmore noted that they should provide a line of sight which . . . . . MOTION SECONDED AND CARRIED: Moved by Stutz, seconded by Struthers and passed unanimously by all members present to approve the Consent Calendar, specifically: 1. Approval of December 10, 1986 minutes as amended. 2. Setting the following public hearings for January 28, 1987: a) LANDS OF STURM, 27070 Sherlock Road, request for a variance to retain an existing fence at 27070 Sherlock Road b) Public Hearing to consider certification of the Final Environmental Impact Report for the Adobe Creek Lodge and Country Club Conditional Use Permit Application, 26220 Moody Road, 1,750 membership C. REPORT FROM CITY COUNCIL MEETINGS OF DECEMBER 17, 1986 AND JANUARY ` 7, 1987: fir'" Patmore reported that the following items were discussed at the 12/17/86 Council Meeting: Lands of Haeckl, Blandor Way, and Lands of Wubbels, LaPaloma Road, requests approved for extensions to deadlines for obtaining building permits. r Struthers reported that the following items were discussed at the 1/7/87 Council Meeting: Cable TV - continued for 45 days; Lands of Currie, 25545 O'Keefe Lane, tentative map for eight lot subdivision approved; Lands of Finney, 11876 Murietta Lane, Council expressed in- tent to grant appeal of Planning Commission's decision regarding vari- ance and site development permit - matter referred back to Commission for a report; Little League - status of expenditures and lease agreement: Council agreed that the expenditures made by the Little League would be treated as payment in lieu of the lease rental payment and that this issue would be included in the negotiations of the lease renewal; and the landscape bond policy was continued to the next meet- ing. D. PUBLIC HEARINGS: 1. Resolution of the Planning Commission of the Town of Los Altos Hills establishing procedure for the setting of dates, times of public hearing, and giving notice thereof, in connection with applications concerning variances, use permits, equivalent development permits, and related matters. MOTION SECONDED AND ADOPTED: Moved by Kaufman, seconded by Stutz and passed unanimously by all members present to adopt resolution estab- lishing procedure for the setting of dates, times of public hearing, and giving notice thereof, in connection with applications concerning variances, use permits, equivalent development permits, and related matters. 2. Resolution of the Planning Commission of the Town of Los Altos Hills adopting regulations concerning meetings and agenda, and related matters, of the Planning Commission and Site Development Committee MOTION SECONDED AND ADOPTED: Moved by Kaufman, seconded by Stutz and passed unanimously by all members present to adopt resolution adopting regulations concerning meetings and agendas, and related matters, of the Planning Commission and Site Development Committee. 3. LANDS OF STARK, FILE CUP 32-86, 13431 Wildcrest Drive, request for approval of Conditional Use Permit for secondary dwelling unit above garage -2- The Town Planner referred to her report dated 1/8/87 which included the staff's recommendation that the Planning Commission approve a con- ditional use permit for Lands of Stark subject to the staff recom- mended conditions of approval. The application to construct a mother- in-law/guest apartment above the three car garage met the findings necessary to grant a conditional use permit. The secondary unit was appropriately located; the site was adequate to accomodate the use; the site was served by adequate roads; and the use was not anticipated to adversely affect the abutting properties. The Planner's report also noted that the in-law apartment would be architecturally compatible with the main residence, would be served from a common driveway, and would be connected to sanitary sewer. Mr. Stark, applicant, commented that he had a letter signed by his neighbors stating they had no objections to his plans. Mr. Stark also thanked staff for all of their help and noted that he was available to answer any questions the Commission might have. MOTION SECONDED AND CARRIED: Moved by Stutz, seconded by Patmore and passed unanimously by all members present to approve a conditional use permit for Lands of Stark, 13431 Wildcrest Drive, File CUP #2-86, sub- ject to the staff recommended conditions of approval and based on the staff's recommendation that the findings necessary to grant a condi- tional use permit can be made. 4. LANDS OF ROMO, FILE VAR #15-86 23225 Ravensbury Avenue, L request for approval of variance to encroach into the westerly setback, and into the northerly setback for purposes of constructing a garage and storage area The Town Planner referred to her staff report dated 1/8/87 which in- cluded the recommendation that the Planning Commission approve the variance request to encroach into the westerly setback and into the northerly setback for purposes of constructing a garage and storage area, based on the following findings: the subject property is sub- standard in size, steep, and unusually shaped. The lot has three sides and one of the sides is fronted by the Ravensbury right-of-way. This situation leads to a buildable area which is constrained to the currently developed area of the site. The report further notes that the findings are supported by the following evidence: 1. Due to the steepness, substandard size, unusual shape and unusual amount of road frontage, the lot exhibits exceptional circumstances and conditions; 2. Owing to the above mentioned constraints, the developable area of the lot is limited to the area currently developed, and should be con- tained to that area; 3. The strict application of the provisions of the zoning ordinance would not allow the applicants to add the covered parking and storage which they require, since there is no logical alternative location for the additions; -3- 4. There are several surrounding property owners who will have a par- tial or direct view of the addition; however, it is a minor addition and should blend well with the current development and surroundings. The nearest and most affected neighbor will not experience an impact from the encroachment due to the rise in elevation between the two lots; 5. The proposed garage addition is a use expressly authorized within the residential zoning district; and 6. The addition will blend well with the surroundings and should be in harmony with the general purpose and intent of the General Plan. Mr. John Komo, applicant, explained how constrained his lot was and why he had earlier done certain work on the property such as putting in the turn around. Mr. Komo also noted that none of his neighbors had any objections to his proposal. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Struthers and passed unanimously by all members present to approve the variance request for Lands of Komo, 23225 Ravensbury, File Var #15-86, to en- croach into the westerly setback by a maximum of five feet and into the northerly setback by a maximum of eleven feet for the purposes of constructing a garage and storage area, based on the findings as stated above and as on file at Town Hall in the Town Planner's report dated 1/8/87. Commissioner Yanez arrived at the meeting. 5. LANDS OF KOMO, 23225 Ravensbury Avenue, request for approval of site development permit for garage and storage area The City Engineer presented his report dated 1/8/87 which commented on the shortcomings of the applicant's plans. The issues addressed were: drainage, lot dimensions and right-of-way dedication. In view of these shortcomings, the report further included the staff recommendation that a site development permit be issued subject to the following conditions: 1. Soils Investigation: The applicant's geotechnical consultant shall conduct a site specific soils investigation. This investigation shall address, but not necessarily be limited to: site preparation and grad- ing, site surface and subsurface drainage improvements, and design pa- rameters for the garage foundations and retaining walls. The results of the geotechnical investigation shall be submitted to the Town to be reviewed and approved by the City Engineer and Geol- ogist prior to the issuance of building permits. -4- 2. Geotechnical Plan Review: The applicant's geotechnical consultant 4 shall review and approve all geotechnical aspects of the development �r plans (i.e., site preparation and grading, site drainage improvements, and design parameters for foundations and retaining walls) to ensure that his recommendations have been properly incorporated. The results of the plan review shall be summarized by the geotech- nical consultant in a letter and submitted to the City Engineer for review and approval prior to issuance of building permits. 3. Geotechnical Field Inspection: The geotechnical consultant shall inspect, test (as needed) and approve all geotechnical aspects of the project construction. The inspections shall include, but not neces- sarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls, prior to the placement of concrete, gunite and steel. The results of these inspections and the as -built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the City Engineer for review prior to final project approval. 4. Drainage shall be to the satisfaction of the City Engineer. 5. Prior to issuance of Building Permit, applicant shall submit a site plan showing an accurate depiction of his property boundaries to the satisfaction of the City Engineer (including background data such as traverse sheets). 6. Prior to issuance of Building Permit, applicant shall dedicate to the Town sufficient right-of-way along Ravensbury and Encinal Court to conform to Town Ordinance (Property line to be thirty feet (30') from centerline of the right-of-way). Mr. Komo, applicant, submitted a letter dated 1/13/87 which addressed the proposed conditions. In part, the letter questioned the necessity of a soils and geologic report, reported that no new downspouts would be added, expressed a lack of understanding as to what a survey would accomplish in the case of this addition, and commented that both En- cinal and Ravensbury were currently sixty feet wide. The Commission discussed the proposed conditions and the applicant's letter. Kaufman was particularly concerned about accurate information on the size of the lot and Patmore commented on the maximum develop- ment area as it related to this permit and earlier work which had been done on the property. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Emling and passed unanimously by all members present to issue a site development permit for a garage and storage area for Lands of Komo, 23225 Ravens - bury Avenue, based on the conditions recommended by the City Engineer, said conditions listed above and on file at Town Hall in the City 4kw Engineer's report dated 1/8/87. -5- The Commission stated that it was very important for present and fu- ture owners of the property under discussion to know exactly what work had been done and that it had been done correctly. It was certainly also in the Town's interest to have any discrepancies concerning the lot corrected. Finally, the Commission noted that if indeed the ap- plicant's information was correct concerning Encinal and Ravensbury, condition six concerning right-of-way would not be required. The Town Planner advised the applicant that he had the right to appeal the Commission's decision. If he wished to file an appeal, this would have to be done within ten days. 6. LANDS OF BELLUCCI, FILE TM 31-86, 26220 Moody Road, Public Hearing to consider the requirement for Environmental Impact Report and Tentative Map for the Lands of Bellucci, for an eleven lot subdivision The Town Planner reported that a letter had been received from the ap- plicant's attorney, William Pagano, requesting continuance of the pub- lic hearing on the proposed tentative map application to allow them the opportunity to obtain additional information. The Commission expressed several concerns regarding this request for continuance and the complete timeframe for this and other applications on file for this property. In part, the following issues were discussed: the statutory time limitations for taking action on projects requiring an environmental impact report; the lack of payment of fees by the applicant for costs for environmental services related to the project, and the confusion resulting from more than one ap- plication being considered at the same time for the same property. The Town Planner recommended that the Commission grant the continuance to the next meeting to allow the applicant to be present, to allow receipt of additional information and to allow staff the opportunity to receive an opinion from the City Attorney on the concerns raised by the Commission. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Patmore and passed unanimously by all members present to continue the public hear- ing to consider the requirement for an environmental impact report and tentative map for the Lands of Bellucci, 26220 Moody Road, for an eleven lot subdivision to the next Planning Commission Meeting sched- uled for January 28, 1987, with the stipulation that this public hear- ing be heard after the public hearing scheduled for that same date to consider certification of the Final Environmental Impact Report for the Adobe Creek Lodge and Country Club Conditional Use Permit Applica- tion, 26220 Moody Road, 1,750 membership. The Commission further requested staff to communicate to the applicant or his legal representative that the continuance of this matter would only be considered if the applicant agreed that the application was Q still active and that the beginning date for the statutory time limitation for the project would be the date the applicant paid the costs for the environmental services related to the project. E. NEW BUSINESS: 1. Items to be added to Commission Agendas The Commission requested that the following two items be added to fu- ture Commission agendas after the standard report from City Council Meetings: Presentations from the Floor and Report from Site Develop- ment Committee. F. OLD BUSINESS: 1. LANDS OF FINNEY, FILE VAR #11-86, 11876 Murietta Lane, appeal of Planning Commission decision of November 26, 1986, referred to Planning Commission from City Council at their meeting of January 7, 1987 for review and report The Town Planner referred to her staff report dated 1/9/87 which in- cluded the recommendation that the Commission report to the Council that they do not object to the granting of the appeal as a result of the new information submitted by the applicant. This information demonstrates that the variance is necessary as a result of the excep- tionally constrained building envelope for the property, and in order to save a matured tree. It further demonstrated that the strict ap- plication of the ordinance would deny the applicant privileges enjoyed by other property owners in the vicinity. An inability to make these two findings were the basis for the Commission's original denial. Commissioners discussed the new information before them and the pro- cess in general of requesting a report on such an, appeal from the Planning Commission. Kaufman was unclear that certain of the require- ments for a variance were met even with the new information and Pat - more stated she thought the additional information was totally ir- relevant. Yanez reminded the Commission they were a recommending body to the Council. MOTION SECONDED AND FAILED: Moved by Yanez, seconded by Stutz and failed by the following roll call vote to not object to granting the appeal of the Planning Commission's decision to deny without prejudice the variance request and site development permit for an addition as a result of new information submitted by the applicant. AYES: Commissioners Emling, Stutz and Yanez NOES: Chairman Struthers, Kaufman and Patmore MOTION SECONDED AND FAILED: Moved by Patmore, seconded by Struthers and failed by the following roll call vote to report to Council that the Planning Commission had a split vote on whether or not to concur with Council's approval of the appeal for Lands of Finney. -7- AYES: Chairman Struthers and Commissioner Patmore NOES: Commissioners Emling, Kaufman and Stutz ABSTAIN: Commissioner Yanez MOTION SECONDED AND CARRIED: Moved by Stutz, seconded by Emling and passed by the following roll call vote to report to the Council that the Planning Commission accepts the Council's decision to grant the appeal for a variance and site development permit for an addition for Lands of Finney, 11876 Murietta Lane. AYES: Chairman Struthers and Commissioners Emling, Stutz and Yanez NOES: Commissioner Patmore ABSTAIN: Commissioner Kaufman A discussion followed on the procedure stated in the Town's Code which stipulated that an appeal of a Planning Commission decision to the Council needed to go back to the Commission for a report if the Coun- cil intended to grant the appeal. MOTION SECONDED AND WITHDRAWN: Moved by Struthers, seconded by Patmore and withdrawn to request that if substantial new information on an ap- plication is received by the Council concerning an appeal, the matter should be sent back to the Planning Commission for review of its deci- sion. It was agreed that Councilmember Plummer would relay the Commission's concerns about this confusing process to the Council. Plummer, in ad- dition, commented that he had concerns about the Council's procedure of reconsidering issues. Solar Panels Patmore recommended that the Commission remain alert to the issue of solar panels. Landscaping The Commission discussed the purposes of requiring landscaping on a project, ranging from requiring certain mitigating conditions to an overall landscaping plan. Lands of Madison, Buena Vista Drive Emling reported that the Commission would soon be seeing the applica- tion for Lands of Madison, Buena Vista Drive, request for a three lot subdivision. The Site Development Committee meeting had generated quite a bit of interest and Buena Vista Drive was a unique area. -8- 5. Schedule for Commission representation at Council Meetings The schedule for Commission representation at Council meetings should be corrected as follows: Commissioner Stutz will be at the February 18 Council Meeting and Commissioner Kaufman will be at the April 1, 1987 meeting. Commissioner Kaufman agreed to be the Commission representa- tive at the January 21, 1987 Council meeting. G. ADJOURNMENT: There being no further new or old business to discuss, the Planning Commission adjourned at 10:00 p.m. Respectfully submitted, Patricia Dowd, City Clerk 4W