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HomeMy WebLinkAbout03/25/1987PLANNING COMMISSION TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday, March 25, 1987 Reel 127, Side II, Tract I, 617 -End; Side 1, Tract 11, 000-857 Chairman Struthers called the meeting of the Planning Commission to order in the Town Hall Council Chambers at 7:35 P.m. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Carico, Emling, Kaufman, Patmore, Stutz, Yanez (arrived 7:43 pm), and Chairman Struthers Absent: None Staff: William Ekern, Engineering Technician; Nancy Lytle, Town Planner; Leslie Mullins, Secretary B. CONSENT CALENDAR: Item Removed - B-1. (Mullins & Carico) Ms. Mullins requested that the minutes of March 11, 1987, page five, modified motion to read "Motion Seconded and Failed", not "Carried-'. commissioner Carico requested that the minutes of March 11, 1987, page four, to indicate that she made a motion which was not seconded with regard to Storm Drainage Runoff from the new subdivision not to impair the Prudence or Von Huene properties. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Struthers and passe unanimous y a the Consent Calendar, specifically: 1. Minutes of March 11, 1987 as amended. 2. Setting Public Hearings for April 8, 1987: a. Lands of Hu, File #VAR 8-87, 14463 Liddicoat, Variance and Site Development Permit for New Residence C. REPORT FROM CITY COUNCIL MEETING OF MARCH 18, 1987: Commissioner Patmore reported the City Council voted on the Land Use Policy; discussed field proposal at Foothill College; discussed fees for minor variances - referring issue to Planning Commission to be moved to front of work program; discussed mda allowed for Northwoods properties on Dawson Drive. '%W Planning Commission Meeting - March 25, 1987 Page 2 D. REPORT FROM SITE DEVELOPMENT COMMITTEE MEETING MARCH 24, 1987: Commissioner Carico informed Commission the Site Development Committee approved swimming pool for Sullivan on Campo Vista Lane; Addition for Schroeder on Taaffe, which had a variance approved previously by Planning Commission. Chairman Struthers informed Commission the Site Development Committee also approved a roof height modification and bay windows for Green on South Fork Lane. E. PRESENTATIONS FROM THE FLOOR: F. PUBLIC HEARINGS: Zoning Ordinance Amendment to exclude overhangs and certain paths from the definition of "Development Area" Ms. Lytle referred to the Staff Report dated March 19, 1987, informing Commission at the February 11, 1987 meeting, the Commission reviewed the recommendation of the zoning review committee, and after discussion directed staff to draft an ordinance modifying the existing definition of development area. Staff recommends that the Planning Commission: 1) recommend that the City Council approve the filing of a negative 1%W declaration for this project with the Santa Clara County Clerk; and 2) recommend that the City Council adopt the zoning ordinance. The Public Hearing was then opened and closed with no one speaking for or against this item. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Yanez and passed unanimously to recommend to the City Council to approve the filing of a negative declaration for this ordinance amendment with the Santa Clara County Clerk. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Yanez and passed by the following F—ol—I call vote to recommend that the City Council adopt the Zoning Ordinance Amendment. ROLL CALL: AYES: Commissioners Carico, Emling, Kaufman, Stutz, Yanez and Chairman Struthers NOES: Commissioner Patmore ABSENT: None 2. LANDS OF KOMO, 23225 Ravensbury Avenue, Request for reconsideration of Site Development Conditions of Approval Mr. Ekern referred to Mr. Enright's Staff Report dated March 18, 1987 informing Commission the applicant was required to dedicate right-of-way along Ravensbury and Encinal as a condition of Site Development Permit for Garage Addition. Mr. Ekern noted the right-of-way dedication will not result in a reduction of MIA for the property because the property is Planning Commission Meeting - March 25, 1987 %W Page 3 already developed in excess of what is allowed. Staff recommended that the Commission retain the existing conditions of approval for the Site Development Permit and not add any new conditions. Commission and staff discussed the potential number of properties which can be developed in this area and the need for right-of-way dedication. The Public Hearing was then opened. Mr. John Komo, 23225 Ravensbury Avenue, in response to the Staff Report Mr. Komo indicated that he is very unclear with regard to MDA/MFA for the property, noting he has information that his property is .81 not.75 as indicated. Mr. Eric Fereson, 23201 Encinal Court, informed Commission they are asking for reconsideration of Condition #6, noting the neighborhood is not in favor of widening the roadway. Mr. Fereson indicated the right-of-way should be taken from the other side of the street not this side. Chairman Struthers informed public that the right-of-way dedication is required as part of ordinance, noting we have no intention of widening the roads at this present time, at this time we are asking for right-of-way dedication only, for setback reasons and aesthetics. Commissioner Carico indicated as well as setback and aesthetic reasons, the right-of-way is dedicated to provide adequate capacity for possible future improvements, I%W (pathways and roadways). Commissioner Kaufman informed public that there are very few times that we can squire right-of-way dedication, noting if we don't obtain it with the Site Development Permit we may never obtain it at all, noting there are potentially 7-8 lots which can still be developed in this area, and currently according to our Ordinances, the required road right-of-way is 601, noting it could be 10-20 years before anything may take place. Mrs. Helene Cole, 23219 Ravensbury Avenue, informed Commission they do not want to improve the roadway, questioning if she had an application processed through the Town would she also be required to dedicate right- of-way? Commissioners again informed public we are not asking to widen the roadway, we are asking for right-of-way dedication only, and yes if any of the neighbors have application processed they too would be asked for right-of-way dedication. Mrs. Virginia Overstreet, Encinal Court, expressed concern over the right- of-way dedication and the number of potential developable lots mentioned by Commissioner Kaufman. Mr. Bob Leasing, informed Commission that the road in this area can not be widened, noting they desire a rural setting and rural roadway. The Public Hearing was then closed. #4W �11 ,%W Planning Commission Meeting - March 25, 1987 Page 4 MOTION SECONDED AND CARRIED: Moved by Stutz, seconded by Carico and passed unanimously to retain the original conditions of approval for the Lands of Komo Site Development Permit issued on January 14, 1987. LANDS OF HORLEY, FILE #VAR 4-87, 27227 Black Mountain Road, Variance request to exceed the maximum height allowed by a maximum of 81 for the purpose of completing roof modification and site development permit Ms. Lytle referred to Staff Report dated March 18, 1987, informed Commission that the purpose of the roof modification is to correct a maintenance problem which has persisted due to the flat roof design, (i.e., leaks), noting the applicant has indicated that they were unaware of requirement for permits for roof modification and began construction without permits, the job received a stop work order in the fall, and since that time the applicant has applied for variance to exceed the allowed maximum height allowed by 8' and necessary zoning and site development permits. Staff recommends that the Planning Commission approve the variance request to exceed the maximum height allowed by a maximum of eight feet for the purpose of retaining an existing partial roof modification and finishing the project "in progress", the approval is based on the necessary findings per Municipal Code Section 10-1.1107 (b), as indicated in the March 18, 1987 Staff Report. With regard to the Site Development Permit, Ms. Lytle informed Commission the only condition is that Site Development Fees shall be paid by the application prior to final issuance of permits. Ms. Lytle indicated that sufficient fees have not yet been collected as a result of oversight. Chairman Struthers questioned if the roof modification would add any new floor area? Staff indicated no it would not. The Public Hearing was then opened. Mrs. Horley, 27227 Black Mountain Road, asked for clarification of the proposed variance height figures as presented in the Staff Report and how the project is measured, noting they have always been under the impression that it meets the allowed height limits. Staff explained the height measurements that were conducted on site by Staff. The Public Hearing was then closed. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Yanez and passed unanimously to approve the Lanas of Horley, File #VAR 4-87, Variance to exceed the maximum height allowed per Municipal Code Section 10-1 .504 by a maximum of eight feet for the purpose of completing a roof modification, based on positively making the necessary findings per Municipal Code Section 10-1.1107 (b) as supported in the March 18, 1987 Staff Report. Planning Commission Meeting - March 25, 1987 Page 5 %W MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Kaufman and passed unanimously to apFr—ove the site Development Permit for Lands of Horley for roof modification subject to the following condition: Site Development Fees shall be paid by the applicant prior to final issuance of Permits. LANDS OF REED, FILE #VAR 6-87, 12996 Robleda Road, Variance Request to exceed Maximum Development Area for the lot by 951 sq.ft. for the purposes of constructing a swimming pool and decking, and approval of Site Development Permit Ms. Lytle referred to Staff Report dated March 19, 1987 informing Commission the applicant applied for zoning and site development permits in June 1985 and received approval in August 1985, noting at that time the approved plans proposed development area which reserved 1,436 sq.ft. of development area, under Ordinance #305, the MDA for the property increased from 7, 140 sq.ft. to 7,650 sq.ft., however the calculation for floor area is 4,774 sq.ft. 2,347 sq.ft. of which is located on 2nd floor, noting the second floor area absorbs the remaining MDA for the lot under the current zoning ordinance. Staff recommends that the Planning Commission deny the variance request to exceed the maximum development area for the lot by 951 sq.ft. for the purposes of constructing a swimming pool and decking, as the necessary findings per Municipal Code Section 10--1107 (b) can not be %W made. The Public Hearing was then opened. Mr. Dirk Reed, 2420 Loma Prieta Avenue Los Gatos, informed Commission he started the house plans under one set of rules and now the rules have changed and we can no longer construct the swimming pool which was previously a part of our plans, asking that Commission approve the subject variance request. Mr. Reed informed Commission that he has landscaped the property and the swimming pool area is screened from neighbors and street views. The Public Hearing was then closed. Commissioner Stutz indicated that it is very difficult to get from the front of the lot to the back, questioning Mr. Reed if he intends to install walkways or paths? Commissioner Kaufman indicated that Mr. Reed's builder is fully aware of the amendments made to the Town's Zoning Ordinance and should have kept the Reeds informed, also indicating concern over the drainage for the proposed swimming pool. Chairman Struthers indicated much concern over the planting of pine trees underneath the existing oaks, noting a landscape plan was approved by the Site Development Committee but has not been implemented as shown on the approved plans. Commissioner Emling also noted concern over the landscaping, noting however, the landscaping is not an issue this evening, %W the variance for increase in development area for a swimming pool is. Planning Commission Meeting - March 25, 1987 Page 6 The Public Hearing was then closed. Commissioner Patmore informed public that the intent of the newly adopted zoning ordinance was to define over development of land, noting this application is an example of overdevelopment for certain properties. MOTION SECONDED AND CARRIED: Moved by Yanez, seconded by Patmore and passed by the following F—oll call vote to Deny the Lands of Reed, File #VAR 6-87, to exceed the Maximum Development Area for the lot by 951 sq.ft. for purpose of constructing swimming pool and decking, based on inability to make required findings per Municipal Code Section 10-1.1107 (b). ROLL CALL: AYES: Commissioners Uarico, Kaufman, Patmore, Stutz, Yanez and Chairman Struthers NOES: Commissioner Emling ABSENT: None MOTION SECONDED AND CARRIED: passed by the following for the Lands of Reed, based #VAR 6-87. ROLL CALL: AYES: Commissioners Carico, Chairman Struthers NOES: Commissioner Emling ABSENT: None Moved by Carico, seconded by Kaufman and call vote to Deny the Site Development Permit upon action of denial of the Variance, File Kaufman, Patmore, Stutz, Yanez and LANDS OF LIN, FILE #VAR 5-87, 11645 Dawson Drive, Variance request to exceed Maximum Development Ara for the Lot by 1,602 sq.ft. for the purposes of constructing a swimming pool and deck, and Site Development Permit Ms. Lytle referred to Staff Report dated March 19, 1987, informing Commission the applicant applied for zoning and site development permits in March of 1986 and received approval subject to Special Land Use Permit in July 1986. Ms. Lytle informed Commission at the time of submittal, the applicant described the project as "New Residence", noting that all documents in the file refer only to new residence, however, on the stamped and approved plans there is a swimming pool shown, noting the normal procedure of the Site Development Committee is to redline the pool off of the approved plans. Ms. Lytle indicated that under Ordinance #305, the MDA for the property decreased from 9,080 sq.ft. to 8, 374 sq.ft., leaving only 32 sq.ft. remaining. Staff recommends that the Planning Commission deny the variance request to exceed the Maximum Development Area for the lot by 1,602 sq.ft. for purposes of constructing a swimming pool and deck, for reasons as supported in the March 19, 1987 Staff Report. %WW Planning Commission Meeting - March 25, 1987 Page 7 The Public hearing was then opened. Mr. Bill Lee, Architect, informed Commission they were not fully aware of the new zoning ordinance and how it would affect this project, asking Commission to approve the subject variance for swimming pool as it is very important to Dr. and Mrs. Lee and their family, noting the pool was shown on all of the submittals which went through the Town. Dr. and Mrs. Lin, 11645 Dawson Drive, informed Commission they always thought that they had approval of the swimming pool when they received approval for the new residence, asking for approval of the subject variance request. Commission discussed with applicant the possibility of re -design of the residence to accommodate a swimming pool and decking which would conform to the current zoning ordinance, and discussed the requirement of structural pool plans being submitted to the Site Development Committee for approval as mentioned in previous letters to the Lin's. Ms. Lytle informed Commission and applicant that the zoning permit does include a swimming pool in the calculations, however, in a letter dated Mrch 25, 1986 the applicant was informed that a swimming pool could not be approved by the Site Development Committee without the required structural plans. The Public Hearing was then closed. %W MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Caries and passed by the following roil call vote to Deny Without Prejudice the Lands of Lin, File #VAR 5-87, request to exceed the Maximum Development Area for the lot by 1,602 sq.ft. for purpose of constructing a swimming pool and deck, based on inability to make required findings per Municipal Code Section 10-1-1107 (b). ROLL CALL: AYES: Commissioners Caries, Emling, Kaufman, Patmore NOES: Commissioners Stutz, Yanez and Chairman Struthers ABSENT: None Commissioner Carico indicated that the application for this project came through at the same time the MIA Ordinance was amended, informing the applicant that the Planning Commission has certain findings which must be made in order to support a variance, noting she could not favorably make these required findings as staff has also indicated in the Staff Report. Commissioner Caries indicated perhaps as the property is not yet underway with construction is it possible to redesign the structure to include room for a swimming pool under the current ordinances. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Struthers and To - passed by the following 11 call vote to Deny without prejudice the Lands of Lin Site Development Permit, based upon action of denial without prejudice on the variance request. iftw ROLL CALL: Planning Commission Meeting - March 25, 1987 Page 8 AYES: Commissioners Carico, Emling, Kaufman, Patmore and Chairman Struthers NOES: Commissioners Stutz and Yanez ABSENT: None 6. LANDS OF CARNES, FILE #VAR 2-86, 14090 Tracy Court, Variance request to exceed Maximum Height allowed for fences and berms along roadways and within setback areas, by a maximum of four feet, and to allow grading within ten feet of the property line, and Site Development Permit Ms. Lytle referred to Staff Report dated March 19, 1987 informing Commission the applicant is applying for variance and site development permit to construct a stucco fence, pedestrian bridge and berms, noting the reason for the request is to mitigate noise, headlight glare and privacy impacts to the property from Arastradero Road. Staff recommends that the Planning Commission approve the variance request to exceed the maximum fence height requirements and to grade within ten feet of the property line, based on findings of Municipal Code Section 10-1.1107 (b) as supported in the March 19, 1987 Staff Report. The Public Hearing was then opened. Mr. Don Brandeau, Landscape Architect, informed Commission that originally we had applied for one large sound berm and have since modified our application by reducing the sound berm and placing a fence on top. Mr. Brandeau referred to siting -and placement of sound berm, fence and bridge. Commissioners questioned if they have to give the Water District their request for fifteen foot easement. Mr. Ekern informed Commission that these are requirements listed by Santa Clara Valley Water District and if we don't go along with their requirements they will not issue a permit. Mr. Brandeau informed Commission he has been in touch with Michael Enright, City Engineer with regard to the requirements listed by S.C.V.W.D., noting they are an advisory agency, the easement will be in the Town's name, noting their work will occur only under emergency situations. Mr. Carnes, 14090 Tracy Court, indicated if the Commission is finding fault with our request, then we will not do any improvements. The Public Hearing was then closed. Commission and applicant discussed the possibility of redesigning the proposal to be less obtrusive in height and location of tile proposed fence and berm to be more in conformance with allowed ordinances. There was some discussion over the possibility of locating the stucco wall on the house side of the creek. %W Planning Commission Meeting - March 25, 1987 **, Page 9 MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Stutz and passed unanimously to cont—inue the Lands of Carnes, File #VAR 2-86 and Site Development Permit to allow for re -design. G. NEW BUSINESS: Order of Agenda switched to allow #2 before #1. 2. Planting and Maintenance of Trees on Public and Private Property Ms. Lytle referred to City Council minutes of February 18, 1987, informing Commission that the City Council has requested that the Planning Commission as the Site Development Authority provide a short report to the Council concerning potential advantages and disadvantages of requiring developers to plant trees within right-of-way. Chairman Struthers referred to her memo dated March 19, 1987 with regard to selection and responsibility of street trees. Commission and staff discussed the aesthetic value of requiring planting of trees with subdivision and possibly site development permit processing, noting it should be at the discretion of the Planning Commission, not a mandatory item. Commission raised concern over liability, responsibility %W for maintenance, pruning, root conjestion and possible roadway damages, and proximity of the plantings to the roadway and pathways. 3. Commission and Staff briefly discussed the Negative Declaration received for the State of California Transportation Agency for 1-280, South of Magdalena. 4. Commissioner Emling questioned who is responsible for the cutting down of trees on Altamont near the Es1aner property? Staff indicated they would look into the matter and report back. 5. Commission questioned if we had an opportunity under current ordinances to require houses to be repainted. Ms. Lytle informed Commission under the Landscape Policy the Site Development Authority does have option to ask for repainting of structures to blend in with the surroundings, earth tones. 1. 1986 Los Altos Hills Design Awards Commission and staff reviewed the slide presentation on all homes which were completed in 1986. The Commission received ballot forms which must be returned to the City Clerk -s Office no later than 5:00 p.m. on Tuesday, April 7, 1987. The awards will be presented at the April 15, 1987 City Council meeting. H. OLD BUSINESS: %W Planning Commission Meeting - March 25, 1987 Page 10 I. ADJOURNMENT: There being no further new or old business, the meeting was adjourned at 11:35 p.m. Respectfully submitted, Leslie Mullins Planning Technician I IM,