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HomeMy WebLinkAbout02/25/1987PLANNING COMMISSION TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday, February 25, 1987 Reel 126, Side I, Tract II, 455 -End; Side II, Tract II, 000-819 Chairman Struthers called the meeting of the Planning Commission to order in the Town Hall Council Chambers at 7:32 p•m• A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Carico, Kaufman, Patmore, Stutz (arrived 7:38p.m.), and Chairman Struthers Absent: Commissioners Emling and Yanez Staff: Michael W. Enright, City Engineer; Nancy Lytle, Town Planner; Leslie Mullins, Secretary City Council Representative: Councilwoman Dronkert B. CONSENT CALENDAR: MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Kaufman and passed unanimously by those members present to approve the Consent Calendar, specifically: 1. Approval of Minutes - February 11, 1987 2. Setting Public Hearings for March 11, 1987: a. Proposed Ordinance Revisions to Article 10 of the Los Altos Hills Municpal Code - Zoning b. Lands of Reneau, File #VAR 3-87, 13149 Byrd Lane, Variance and Site Development Permit for Addition C. Lands of Gaskill, File #VAR 1-87, Lot #2, West Sunset Drive, Variance and Site Development Permit for New Residence d. Lands of Manian, Lot #5, Berry Hill Court, Site Development Permit for New Residence and Swimming Pool C. REPORT FROM CITY COUNCIL MEETING OF FEBRUARY 18, 1987: In the absence of Commissioner Stutz, Mr. Enright and Ms. Lytle reported the City Council meeting did not have any planning related issues on their agenda, and that the meeting lasted only twenty minutes. Planning Commission Minutes of February 25, 1987 Page 2 kwD. REPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF FEBRUARY 17th; AND FEBRUARY 24th: Commissioner Carico reported the Site Development Committee at their meeting of February 17th approved a new residence for Lo Conte on Story Hill Lane, subject to conditions; approved a new residence for Dayan on Carrington Circle, subject to conditions; approved Landscape Plan for Chang on Carrington Circle with required plantings and a $5,000 Landscape Bond; continued a Landscape Plan review for Hansen on Stirrup because there was no representative for the applicant; and discussed a preliminary review of site plans and elevations for Hopkins on Elena Road. Commissioner Kaufman reported the Site Development Committee at their meeting of February 24th approved a demolition of existing residence for construction of new residence and swimming pool for Edwards/Sagatun on La Loma Drive, subject to conditions; approved grading modification and landscape berms for Berry Hill, Unit II, subject to conditions; approved a new residence for Mehta, on Saddle Mountain Drive, subject to conditions; approved a remodel/addition to kitchen, living room and dining room for Seufferlein on Magdalena, subject to conditions; held discussion on preliminary review for Scharfetter on La Cresta for new residence, noting a 40' setback shall be from La Cresta, and if the plan is to develop closer than 60' from centerline of driveway \V then the Site Development Authority shall be the Planning Commission; and a setback determination for Goese on La Loma was determined that the 40' setback shall be from La Loma Drive; and the 30' setback shall be from La Loma Court. PRESENTATIONS FROM THE FLOOR: Chairman Struthers referred to letter dated "Received, February 25, 1987" from Mrs. Margi Gould with regard to Foothill College field area located near the Observatory, and the construction of donated softball and soccer fields (from Hewlett-Packard) within two months, which will allow Hewlett-Packard to use the fields four nights a week for a period of 6 months. PUBLIC HEARINGS: Recommendation to the City Council on the adoption of Ordinance N further amending Chapter 5 entitled "Zoning" of the Los Altos Hills Municipal Code by amending Sections 10- 1.1190 and 10-1.1110 concerning referral of matters appealed to the Planning Commission. Planning Commission Minutes of February 25, 1987 Page 3 Ms. Lytle informed Commission, the City Council has referred an ordinance to the Planning Commission for their recommendation with regard to referral of matters appealed to the Planning Commission, noting if the City Council at the hearing wishes to reverse the decision made by the Commission, the item must first be referred back to Commission for report, noting the process is thought to be lengthy and awkward. Ms. Lytle indicated that the Planning Commission representative at the City Council meeting can act as a liason on these issues, as well as the City Council receiving the Planning Commission minutes, therefore eliminating the need for referral back to the Commission. The Public Hearing was then opened and closed with no one speaking for or against this item. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Caries and passed unanimously by those members present to recommend to the City Council adoption of proposed Ordinance amending Chapter 5 entitled "Zoning" of the Los Altos Hills Municipal Code by amending Sections 10-1.1109 and 10-1.1110 concerning referral of matters appealed to the Planning Commission. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Kaufman and passed unanimously by those members present to urge 4 the City Council to send back to the Planning Commission appeals ` which appear with significant new information, notification of such appeals shall be made to the Planning Commission members. 2. LANDS OF MILLER, FILE N'S VAR 17-86 and TM 6-86, 11920 Rhus Ridge Road, Request for Variance to encroach into setback and height envelope areas by a maximum of forty feet (40') for all existing structures and to allow for minor Lot Line Adjustment between the Miller and Duveneck lots in order to accommodate a tennis court which was previously constructed across the common property line Ms. Lytle referred to Staff Report dated February 18, 1987, informed Commission the subject property is currently developed with a single family residence, swimming pool, tennis court, detached garage, deck, spa, gazebo and other miscellaneous improvements, noting the applicant is not proposing any new construction with this application. Ms. Lytle noted there are numerous setback violations on the property as discovered when a survey was conducted in 1986, noting some structures were constructed across property lines which require variances from Town Ordinances and lot line adjustments in order to pass clear title to a potential buyer of the property. Ms. Lytle recommended that the Planning Commission adopt the following motions: 1. To grant conditional exceptions for specific requirements of the Tentative Map, as outlined in the letter from Alan Huntzinger f dated December 17, 1986, consistent with the findings of Section Planning Commission Minutes of February 25, 1987 Page 4 9-1.1501; 2. To approve the Tentative Map for Lot Line Adjustment, subject to the attached staff recommended conditions; and 3. To approve the variance request to exceed the setback height envelope regulations for all existing structures built with permits. This recommendtion is based on findings as supported in the February 18, 1987 staff report. Mr. Enright informed Commission of a recommended amendment to the Conditions of Approval as follows: 1.A. The owner shall enter into Agreementt to dedicate right-of-way along Peck Road for roadway purposes in the event of future subdivision of the 16 acre Duveneck parcel, to the satisfaction of the City Attorney and City Engineer. Commisssion and staff discussed the length of the variance, asking if the structures were removed, would the variance expire; dedication of road right-of-way along Peck Road; tennis court location and deck overhang. The Public Hearing was then opened. Mr. Alan Huntzinger, Civil Engineer, 2443 Ash Street, Palo Alto, gave Commission background history and information, referring to the purchase of the property by Mr. Miller from Mr. Elvin, noting all structures with the exception of the garage were constructed by Mr. Elvin, informing Commission, Mr. Miller is currently trying to sell the property and is having some dif£icutly due to the location of the existing structures, asking Commission to approve the Lot Line Adjustment and Variance. Mr. Miller, 11920 Rhus Ridge Road, asked commission to approve his request for Lot Line Adjustment and Variance, with modifications to conditions of approval, (i.e., removal of conditions 1.A. and 3.a.). Mr. Pete McCloskey, Mr. Miller's Legal Representative, informed Commission that Mr. Elvin earlier in the day gave his deposition, in which he stated that he had mislead the Town when constructing the existing structures, noting the plans were not accurate, and at no time during the purchase by Mr. Miller, did the Elvins disclose any of the illegality or misconceptions of the existing structures to the Millers. Mr. McCloskey informed Commissioners that there is currently a law suit between Elvin and Miller on this subject, noting the gazebo should be allowed to remain for privacy purposes on the lot, noting Mr. Miller did build the gazebo and a small portion of the deck without building permits. Mrs. Fran Stevenson, Chairman Pathway Committee, informed Commission that bushes along corner are very dangerous and need to be trimmed back, remove pampas grass, and ask that pathway remain along roadway just inside of the pine trees. Planning Commission Minutes of February 25, 1987 Page 5 Mr. Dan Dana, 25700 Bassett Lane, informed commission over previous years of use by the horses along this trail, noting they have been traveling along this pathway since at least 1971, and would not feel neighborhood would object to pathway being along roadway as suggested by the Chairman of the Pathway Committee. The Public Hearing was then closed. Commissioner Stutz informed Commission and public, that the pedestrian/equestrian pathway was adjacent to the property line but the Elvins planted pine trees which made it difficult to traverse, noting at that time the Pathway Committee requested that Elvins remove the trees back, suggesting at this time that 2 x 10 boards be placed along this area and make the ground level for pathway use, noting the need of removing the oleanders and pampas grass. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Carico and passed unanimously by those members present to grant conditional exceptions for specific requirements of the Tentative Map, as outlined in the letter from Alan Huntzinger dated December 17, 1986, consistent with findings of Section 9-1.1501. Commissioners began a review of the proposed Conditions of Approval, making the following amendments: MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Stutz and passed unanimously by those members present to amend Condition I.A. as follows: The owner shall enter into Agreement to dedicate right-of-way along Peck Road for roadway purposes in the event of future subdivision of the sixteen (16) acre Duveneck parcel, to the satisfaction of the City Attorney and City Engineer. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Stutz and passed unanimously by those members present to amend Condition 1.B. as follows: The owner shall dedication a Conservation Easement as redlined by staff on the Tentative Map, to the satisfaction of the City Engineer and Town Planner. No structures or grading shall be allowed within the esement. Vegetation removal shall be subject to approval of the Site Development Authority. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Stutz and passed unanimously by those members present to amend Condition I.C. as follows: The owner shall dedicate easement for pathway purposes coincident with his 1/2 street portion of Rhus Ridge Road. Planning Commission Minutes of February 25, 1987 Page 6 MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Stutz and passed by the following roll call vote to amend Condition 2.A. as follows: Vegetation shall be trimmed back and/or removed along Rhus Ridge Road for pathway travel, to the satisfaction of the Pathway Committee and City Engineer. ROLL CALL: Ayes: Commissioners Kaufman, Patmore, Stutz and Chairman Struthers Noes: Commissioner Carico Absent: Commissioners Emling and Yanez MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Patmore and passed unanimously by those members present to reverse the order of Conditions 3.A. and 3.B. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Kaufman and passed by the following roll call vote: to amend Condition 3.C. as follows: The owner shall obtain Building Permits for all structures constructed without permits, as identified in Staff Report dated February 18, 1987, prior to recordation of Parcel Map for Lot Line Adjustment. ROLL CALL: Ayes: Commissioners Caries, Kaufman and Chairman Struthers Noes: Commissioners Patmore and Stutz Absent: Commissioners Emling and Yanez MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Carico and passed unanimously by those members present to approve the Tentative Map for Lot Line Adjustment, for the Lands of Miller, File #TM 6-86, subject to the Conditions of Approval as amended. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Kaufman and passed unanimously by those members present to Lands of Miller, File #VAR 17-86, to exceed the setback and height envelope regulations for all existing structures which have received building permits or for which building permits can be obtained, based on findings as supported in the February 18, 1987 Staff Report. The Variance for these structures shall expire with any future removal of those structures. LANDS OF DEL MONTE DEVELOPERS, FILE #TM 5-86, Three Forks Lane, Request for consideration of Negative Declaration and Tentative Map for a five (5) lot subdivision LIM Planning Commission Minutes of February 25, 1987 Page 7 kw Ms. Lytle referred to Staff Report dated February 19, 1987, informing Commission, of amendment to Table A with regard to Lot Unit Factors, noting the applicant proposes to subdivide the property line into five lots, access to lots is proposed from a cul-de-sac Middle Fork Lane, which is conditioned to be dedicated as a public road, the road will require realignment and widening of the existing roadway which leads to the Bahr property, also noting the necessity for dedication and widening of Three Forks Lane, including a culvert crossing over Matadero Creek. Ms. Lytle informed Commission the existing structures are proposed to be removed, and the proposed lots shall be served by septic drainfield, noting the applicant is also investigation feasibility of sanitary sewer connections and a lift station. Ms. Lytle informed Commission that issues related to this project include: Visual and Aesthetic Impacts; Geotechnical Constraints; Existing Drainage Problems, Creek Crossing Design and Pathway. Ms. Lytle recommended that the Planning Commission hold a public hearing but continue the decision on the negative declaration and tentative map until drainage impacts on surrounding properties have been mitigated, noting that if the drainage improvements necessary to mitigate the problem and meet the City Engineer's satisfaction require acquisition of easements to Matadero Creek, the feasibility of those acquisitions should be demonstrated prior to any map approvals. In addition, Ms. Lytle indicated that geotechnical evaluations, as required by the Town Geologist, need to be provided and approved by the Town Geologist and City Engineer prior to map approval. Ms. Lytle also suggested that the Commission set a time and date for a field trip to the site to verify the location of future pathway easements. The Public Hearing was then opened. Mr. Paul Nowack, Civil Engineer, 1570 N. Fourth Street San Jose, informed Commission that he and applicant have reviewed the staff report and conditions of approval, asking that the Commission make their recommendation this evening on the Tentative Map and Negative Declaration to the City Council, providing a sketch of the watershed area and discussed with commission the existing drainage improvements and those proposed as part of this subdivision. Mr. Nowack indicated that they do propose that the lots connect to sanitary sewer. With regard to siting, styles and aesthetics of the proposed residences, Mr. Nowack indicated that 2-3 of the lots will accommodate a single story structure, and others shall step down hillside, noting that with the use of earth tone colors and materials it will help to mitigate the views from o££ -site. Mr. Nowack indicated they would prefer to construct culvert rather than bridge as recommended in the Conditions of Approval. Planning Commission Minutes of February 25, 1987 Page 8 Mr. Paul Reneau, 13149 Byrd Lane, requested that the Commission keep the subdivision as rural as possible, limiting the size of structures to be constructed, referring to Mr. Kuranoff's letter of February 23, 1987 and petition submitted to the Planning Commission by the neighborhood. Mr. Reneau indicated that other neighbors in the area have all expressed the same concerns, but were not able to attend this hearing. Mr. Wallace Stegnar, 13456 South Fork Lane, informed Commission he has lived in the area for nearly 40 years, agreeing with Mr. Reneau and referred to Mr. Kuranoff's letter of February 23, 1987, indicating concern over drainage, keep area rural, reduce density of the proposal noting 5 lots is too many for this area, and limit the size of proposed residences to keep in with the existing character of the neighborhood. Mrs. Donna Prudence, 13452 South Fork Lane, expressed concern over drainage improvements existing and proposed, flooding potential and erosion of Matadero Creek. Mrs. Prudence also agreed with Mr. Kuranoff's letter of February 23, 1987• Mr. Roland VonHuene, 13500 South Fork Lane, informed Commission that since the Country Way development there has been much more erosion of Matadero Creek and much more water drainage than usual, expressing concern over drainage, swale, creek and roadway, noting his concurrance with the Kuranoff letter of February 23, 1987 and kW Mr. Stegnar. Mr. VonHuene also raised concern over preservation of trees and brush. Dr. Chris Green, 13460 South Fork Lane, informed Commission that they have not had any erosion problems on their property, noting they have taken careful consideration to aesthetics and fitting in with the existing neighborhood with their currently underway construction, stressing the importance of keeping the subdivision in rural character with the existing neighborhood. Mr. Nowack informed Commission that the proposed subdivision improvements will solve a lot of the concerns and problems raised by neighbors with regard to drainage and erosion, also noting that are further review, lots 1, 2, 4 and 5 can accommodate single story structures. Mr. Jack Morgan, 13140 Byrd Lane, agree with Mr. Reneau and Mr. Kuranoff, noting he would like to see single story low profile structures constructed on the subject lots. Planning Commission Minutes of February 25, 1987 Page 9 Mrs. Mary Stegnar, 13456 South Fork Lane, asked that the existing roadway be improved as part of the subdivision, and raised concerns over drainage and the proposed improvements. Mr. Stegner expressed the need for this subdivision to plan for the 100 year flood, referring to past winters and the conditions of creek and properties at that time. Mrs. Virgina Royden, 13466 North Fork Lane, referred to her letter of February 23, 1987, informing Commission this subdivision will constitute large portion of their views, requesting the structures be kept at minimum in size and height, keep as unobtrusive as possible and that they conform to the existing neighborhood. The Public Hearing was then closed. Ms. Lytle informed Commission and public what an zoning overlay district would be, as proposed by petition and Mr. Kuranoff's letter of February 23, 1987, noting this type of item would need to be addressed seperately from the tentative map approval, the neighborhood should review their proposal and refer to the City Council and City Attorney. With regard to the zoning overlay boundaries, Ms. Lytle suggested it not be only for the five lot subdivision, but should include all of Three Fork, South Fork and North Fork Lanes. Commissioner Carico indicated that the neighborhood should look into the Chaparral Way Sub -area plan, suggesting they contact Mr. McReynolds, Mr. Poole and/or Mr. Rathjen with regard to the areas restrictions. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Stutz and passed unanimously by those members present to continue the Lands of Del Monte, File NTM 5-86, to a field trip on Wednesday, March 4, 1987 at 1:00 p.m., (meet at culvert crossing on South Fork at Kuranoff's driveway), and to place the Tentative Map and Negative Declaration on the next Agenda for March 11, 1987. 4. LANDS OF CURRIE, O'Keefe Lane, Request for Site Development Permit for proposal to construct sound berms and walls, landscape plan for proposed subdivision Mr. Enright referred to Staff Report dated February 19, 1987, informing the Commission that the work proposed consists of the construction of three earth berms and a stucco wall along the freeway, a redwood fence along the side property lines. Mr. Enright informed Commission that all three berms need to be modified in order to conform with zoning regulations for height within the setback areas. Mr. Enright noted that if the Commission determines that the proposed earth berms, stucco wall and redwood fences are visually acceptable, then the conditions of approval, as listed in the February 19, 1987 staff report, for site development permit be made. Planning Commission Minutes of February 25, 1987 Page 10 * Ms. Lytle informed Commission the applicant has requested to be 1r allowed to plant during the wet season, noting normally the applicant does have the right to plant without Town approval, noting he would very much like to proceed especially along freeway. The Public Hearing was then opened. Mr. Mohammidian, 6222 Mojave Drive San Jose, informed Commission they are hopeful for approval of the submitted plans before the commission for all improvements and landscaping thereof. The Public Hearing was then closed. Commission, staff and applicant discussed the wall heights, earth berm heights and proposed landscape mitigation, raising concern over the height of structures within setback area, noting the need for variance to exceed the allowed zoning height restrictions; discussion over the location of the proposed walls and possibility of installation of wall along freeway fence; discussion the walls, berms and fences surrounding the entire subdivision, and concern over the shape and size of the cone shaped berm shown on plans. Mrs. Fran Stevenson, Chairman Pathway Committee noted the need for trees to be cut back at bottom or ask for 30' for pathway purposes, noting the dead branches should at least be removed. Ms. Lytle informed Commission that the wall and berm with landscape mitigation she felt is appropriate, however, noting concern over the cone shaped berm; noting the wall in the proposed location may be only 4 1/2' or move it back 15' and it can be 6'. Passed by consensus by all members present that the staff shall interpret that I-280 not be considered as right-of-way frontage on this application. Commissioner Carico excused herself from meeting, 11:30 p.m. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Stutz and passed unanimously by those members present to approve earthwork to the west of O'Keefe Lane as conditioned by the City Engineer in his memo of February 19, 1987, with the understanding that we are only approving visual aspects of the site and not making conditions for noise impacts from I-280. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Struthers and passed unanimously by those members present to recommend to the City Council waiver of variance fees and deposit, if the applicant requests a variance for earthwork for sound mitigation on the proposed subdivision. Planning Commission Minutes of February 25, 1987 Page 11 (L G. NEW BUSINESS: 1. Planting and Maintenance of Trees on Public and Private Property, shall be agendized for the March 11, 1987 meeting. H. OLD BUSINESS: 1. Chairman Struthers questioned if any of the Commissioners had signed up for the Planning Commissioners Institute? Staff responded no one had signed up yet. I. ADJOURNMENT: There being no further new or old business, the meeting was adjourned at 11:50 p.m. Respectfully submitted, Leslie Mullins Planning Technician