HomeMy WebLinkAbout04/22/1987PLANNING COMMISSION
'�. TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
Wednesday, April 22, 1987
Reel 128, Side I, Tract I, 000 -End; Side II, Tract I, 000-500
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, Emling, Patmore, Yanez (arrived 7:45 p•m•)
and Chairman Struthers
Absent: Commissioners Kaufman and Stutz
Staff: Michael Enright. City Engineer; Leslie Mullins, Secretary
B. CONSENT CALENDAR:
Item Removed - B.1. (Patmore and Struthers)
Chairman Struthers requested the minutes of April 8, 1967, page five,
third paragraph be amended to read as follows: "Before sign off of
Landscaping, Designer shall write a letter to the City which states that
the plantings installed are in substantial conformance with plans which
were approved by the Site Development Committee, or the Town hires another
professional opinion.
Commissioner Patmore questioned if the Resolution on the Consent Calendar
setting public hearing for zoning overlay is for the Three Forks area,
noting we should be looking at R -A-1 zoning for all areas of the Town.
Commissioner Carico indicated that she has distributed a memo to members
of the Planning Commission with regard to this issue also.
It has been suggested by staff that a Study Session be scheduled for
discussion of the zoning overlay and setting of the public hearing for
a date after the study session.
MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Carico and
passed unanimously to approve the Consent Calendar, specifically:
1. Approval of Minutes - April 8, 1987 as amended.
iblw
Planning Commission Minutes - April 22, 1987
Page Two
2. Adoption of Resolution # setting the time and place of hearing on
proposed changes and amendments to the text of Chapter 1 of Title 10
of the Los Altos Hills Municipal Code entitled, "Zoning Law of the
Town of Los Altos Hills" establishing the residential/agricultural
rural neighborhood district (R -A-1) and recommendation concerning
proposed negative declaration.
Study Session scheduled for May 14, 1987 at 4:00 P.M.
Public Hearing scheduled for May 27, 1987 at 7:30 P.M.
3. Adoption of Resolution # declaring intention to consider an
amendment to the General dlan to amend the Housing Element thereof,
and setting the time and place of hearing on the proposed amendment
and recommendation concerning a proposed negative declaration.
MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Patmore
passed unanimously to set the following items for public hearing for May
13, 1967 at 7:30 P.M.
1. Lands of Hu, File #VAR 8-87, 14463 Liddicoat Circle, Variance and Site
Development Permit for New Residence
2. Lands of Lin, File #VAR 5-87, 11645 Dawson Drive, Reconsideration of
Variance and Site Development Permit for Swimming Pool
3. Lands of Rueter, File #CUP 1-87, 26640 Snell Court, Conditional Use
Permit and Site Development Permit for Cabana
C. REPORT FROM CITY COUNCIL MEETING OF APRIL 15, 1987:
Commissioner Carico reported the City Council elected the Mayor and Mayor
Pro Tem: Mayor Barbara Tryon and Mayor Protem William Siegel. Carico
reported the Council held first reading on ordinance regarding referral of
matters to the Planning Commission; held first reading on ordinance
regarding amending zoning ordinance with regard to walkways and overhangs;
heard semi annual report from pathway committee; no action taken on
contract with Los Altos Garbage Company; Chapin Road guardrail approved;
tree planting on private and public property approved; Fenwick surety bond
approved for completion of driveway etc, for new residence; approved
resolution approving auditing services; continued discussion of Magdalena
Summerhill signal; approved Santa Clara County water basin; nuisance
complaint dropped for 26220 Moody Road; Study Session scheduled for May 7,
1987 at 4:00 P.M. regarding police services with Los Altos; Freeway
Emergency approved; No Parking Signs E1 Monte and Arastradero Road
discussed; design awards are forthcoming.
Planning Commission Minutes - April 22, 1987
Page Three
ftrD. REPORT FROM SITE DEVELOPMENT. COMMITTEE MEETINGS OF APRIL 14, 1987 AND
APRIL 21, 1987
Commissioner Patmore reported the Site Development Committee at their
meeting on April 14, 1987 approved minor modification to guest house for
Morris on Padre Court; approved Landscape Plan for Steinmetz on Voorhees;
approved demolition and new construction for new residence, pool etc. for
Rabin on Alicante Lane; approved addition for Solomon/Grey on Robleda
(some discussion over an existing structure located on their property
which was built previously without permits). Patmore reported on a
meeting with Foothill College which was held on April 14, 1987 in the
evening (attended by Patmore and Kaufman) with regard to landscaping the
newly proposed baseball fields. The Horticulture Class at Foothill is to
investigate what adjacent neighbors have planted and want planted. There
was also a field trip on Saturday which was attended by some of the
neighbors, Patmore noted that most of the neighbors seemed content with
the colleges plans with the exception of the closest neighbor. Patmore
noted that the College will now prepare a Landscape Plan for review and
approval, noting there are no further meetings scheduled. Patmore
informed Commission that the College has given up some of the parking area
and moved the field in closer away from neighbors.
Commissioner Carico reported the Site Development Committee at their
meeting on April 21, 1987 approved garage sunroom addition to Penn's
g, residence on Menalto; approved Herpick parking area on Horseshoe Lane;
�W approved addition for Grey's on La Loma; held discussion of Preliminary
Review for Bob Owen Homes application for new residence on Carrington
Circle.
PRESENTATIONS FROM THE FLOOR:
F. PUBLIC HEARINGS:
1. Lands of Schubert, File #VAR 2-87, 24624 Olive Tree Lane, Request for
variance to exceed Maximum Development Area allowed to construct new
residence, driveway and parking area and Site Development Permit
approval
Planning Commission Minutes - April 22, 1987
Page Four
4`r Mr. Enright referred to Staff Report dated April 10, 1987, informing
Commission this is a public hearing to consider a variance request to
exceed the Maximum Development Area allowed for the lot by 2,258 sq.ft. in
order to construct a new residence, driveway and parking area. Mr.
Enright informed Commission that in October, 1986 the Planning Commission
made a preliminary review of a variance request by Dr. Schubert to exceed
the allowed development and floor areas, noting that based on comments
received at that meeting, Dr. Schubert revised his plans so that the
structure conforms to the MFA of 4,000 sq.ft. and reduced the amount of
development area by 3,176 sq.ft. Mr. Enright also noted that the plans
have been even further modified so as to relocate the structure further
away from the northern property boundary, thereby reducing the amount of
cut involved. Staff recommends that the Planning Commission approve the
variance to exceed the Maximum Development Area for the lot by 2,258
sq.ft. based on findings of Municipal Code Section 10-1.1107 (b) as
supported in the April 10, 1987 Staff Report.
The Public Hearing was then opened.
Dr. Peter Schubert, 211 Wilder Avenue Los Gatos, informed Commission he
started work on this project over a year ago, noting that after the
residence was designed the Town's ordinances were changed and referred to
the Preliminary Review in October 1986 which it was stated to keep the
Floor Area at 4,000 sq.ft. and Development Area at approximately 7,000
sq.ft., and have reduced the 2nd story and reduced the amount of grading
necessary for construction, asking Commission to approve his variance
request.
The Public Hearing was then closed.
Commission discussed the amount of parking area and driveway being
proposed with this application, the location of drainfields and the
workshop being requested to remain, and the retaining wall location and
height.
MOTION SECONDED AND CARRIED: Moved by Emling, seconded by Carico and
passed by the following roll call vote to approve the Lands of Schubert,
File #VAR 2-87, 24624 Olive Tree Lane, to exceed the Maximum Development
Area allowed to construct a new residence, driveway and parking area,
based on meeting the required findings of Municipal Code Section 10-1.1107
(b) as supported in the April 10, 1987 Staff Report.
ROLL CALL:
AYES: Commissioners Carico, Emling, Yanez and Chairman Struthers
NOES: None
ABSTAIN: Commissioner Patmore
Planning Commission Minutes - April 22, 1987
Page Five
Mr. Enright referred to Staff Report dated April 17, 1987 with regard to
the Site Development Permit for Lands of Schubart, 24624 Olive Tree Lane
for New Residence, informing Commission that this lot was created prior to
1973 and is subject to right-of-way dedication, noting there exists an
easement that is 32 feet wide, present regulations require 35 foot wide
easement. Mr. Enright informed Commission that there are two existing
structures on the lot which have to be removed referring to Condition #2
which requires demolition permits to be obtained and structures to be
removed prior to issuance of building permits. Mr. Enright further
informed Commission there is a retaining wall behind the residence which
is subject to the wall height interpretation as it is located within the
setback over 61. Mr. Enright recommended that the Planning Commission
approve the Site Development Permit for Lands of Schubert subject to
Conditions of Approval as listed in the April 17, 1987 Staff Report. Mr.
Enright indicated that if the Commission wishes to let Dr. Schubert keep
the existing workshop and to live in the existing residence during
construction, that Condition #2 will need to be amended and a new
condition added which will require additional review by the Santa Clara
County Health Department with regard to the existing workshop remaining in
a location over the future drainfield area.
The Public Hearing was then opened
Dr. Schubert, 211 Wilder Avenue Los Gatos, informed Commission he would
very much like to keep the workshop on the property, noting that it has
been incorporated into the MFA and MDA calculations. Dr. Schubart also
noted that he would like to live in the existing residence during
construction of the new residence and will obtain necessary permits to
demolish structure prior to final inspection of new residence. With
regard to the new residence, Dr. Schubert informed Commission that he is
planning on the structure being finished in natural wood with a natural
stain.
Mr. David MacKenzie, P.O. Box 777 Los Altos, informed Commission he is the
adjacent owner and previous owner of the subject lot, asking that
Commission approve the Site Development Permit for new residence.
Mrs. Lynn Nunley, 24624 Olive Tree Lane, questioned what has been revised
since the preliminary review. Mr. Enright informed the applicant that the
Floor area and Maximum Development Areas have been reduced and the
structure moved further back from the property line.
The Public Hearing was closed and began review of the Conditions of
Approval for the Site Development Permit.
Planning Commission Minutes - April 22, 1987
Page Six
MOTION SECONDED AND FAILED: Moved by Carico, seconded by Patmore and
failed by the following roll call vote to modify Condition #2 to read:
Allow existing dwelling to remain during construction and shall be
demolished prior to final inspection of building permit. The workshop is
to be demolished. Demolition will require an administrative level of site
development permit.
ROLL CALL:
AYES: Commissioners Carico and Patmore
NOES: Commissioners Emling, Yanez and Chairman Struthers
ABSENT: Commissioners Kaufman and Struthers
MOTION SECONDED AND CARRIED: Moved by Yanez, seconded by Struthers and
passed by the following roll call vote to modify Condition #2 to read: All
existing structures, except the workshop, shall be removed prior to final
inspection of Building Permit. Demolition will require an administrative
level Site Development Permit. The plumbing and waste disposal system in
the existing workshop shall be removed or pumped to septic tank if
necessary prior to final inspection of the Building Permit.
ROLL CALL:
AYES: Commissioners Emling, Yanez and Chairman Struthers
NOES: Commissioners Carico and Patmore
ABSENT: Commissioners Kaufman and Stutz
PASSED BY CONSENSUS: To Add New Condition #3 to read (and renumber
remainder of Conditions): Applicant shall enter into an agreement with
the Town to ensure compliance with zoning ordinance with regard to
temporary occupancy of existing residence during construction of new
residence, to the satisfaction of the Town Planner, City Engineer and City
Attorney.
MOTION SECONDED AND CARRIED Moved by Patmore, seconded by Struthers and
passed unanimously to add new Condition # 14 to read: The Santa Clara
County Environmental Health Services shall review and approve this project
prior to issuance of building permits. The Health Department shall
investigate the placement of future expansion fields in the location of
the existing workshop as shown on Site Plan dated "Received, March 27,
1987"•
MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Emling and
passed unanimously to add new Condition #13 to read: As the retaining
walls located to the rear of the residence are below grade and have low
visibility, they are allowed to remain within the setback area in a height
exceeding six feet (61), as shown on March 27, 1987 Site Plan.
PASSED BY CONSENSUS: To amend Condition #6 to read: No living trees
shall be removed. All trees shall be protected during construction to the
satisfaction of the City Engineer.
V Planning Commission Minutes - April 22, 1987
Page Seven
PASSED BY CONSENSUS: To add Condition #11 to read: Fire retardant
roofing materials are recommended.
PASSED BY CONSENSUS: To add Condition #12 to read: Residence shall be
finished in wood siding with natural wood stain.
PASSED BY CONSENSUS: To add Conditions #8, 9 & 10 recommendations made by
the Town Geologist William Cotton.
MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Yanez and
passed unanimously to approve the Lands of Schubert, Site Development
Permit subject to Conditions of Approval as amended.
2. Lands of Cook, 11471 Page Mill Road, Proposal to relocate portion of
Buena Vista Drive
Mr. Enright referred to Staff Report dated April 9, 1987, informing
Commission this item was referred to the full Planning Commission to act
as the Site Development Authority by Staff because it involves the
realignment of a road. Mr. Enright informed Commission that Buena Vista
Drive is a private road, and has been in existence since before 1927, the
existing easement for the road is 25' wide and travels through Mr. Cook's
property, noting Mr. Cook would like the road realigned so that traffic
L will have less of an impact to his living area. Mr. Enright indicated
�w that the residents along Buena Vista have indicated that they do not want
the road re -built to the Town's minimum standards, noting that staff
cannot support their request, in staff's opinion 12' wide road is too
narrow for a road the length of Buena Vista, as there are not adequate
turnout areas. Mr. Enright referred to recommended Conditions of Approval
as listed in the April 9, 1987 if the Commission determines that it is
appropriate to issue a site development permit. Mr. Enright further noted
that the two alternatives presented by Peterson Architects dated March 31,
1987 do not conform to Staff's recommended Conditions of Approval.
The Commission and staff discussed the two alternatives, turnout area
requirements per Municipal Code, and use of curbs and/or guardrails.
The Public Hearing was then opened
Mr. Bob Peterson, Architect, informed Commission they prefer Drawing #11,
asking for approval of the site development permit subject to this plan.
Mr. Pedro Lizaur, 11571 Buena Vista Drive, informed Commission he would
like to see Buena Vista Drive left as is, very rural, indicating they do
not need turnouts, do not need guardrails, noting they very much want to
keep it 12' wide, with potholes.
Mrs. Mary Steers, 11641 Buena Vista Drive, informed Commission they prefer
to see the road rural, opposed to it being widened, turnouts and curbs.
L�
Planning Commission Minutes - April 22, 1987
Page Eight
Mr. Olin Nichols, 11620 Buena Vista Drive, informed Commission they prefer
Proposal #11, 12' wide road.
Mr. Gavin Cook, 11471 Page Mill Road, concur with neighbors in keeping the
road rural, asking Commission to approve Proposal #11. Mr. Cook informed
Commission that he is currently in the process of designing a new
residence for this site and would very much like to have the roadway
relocated further away from the residence.
Mr. Malek, M&M Investment Company, informed Commission they are currently
in the process of subdividing property further down Buena Vista and concur
with the property owners that the road should be kept rural.
The Public Hearing was then closed.
Commission and staff discussed the potential number of future buildable
lots along Buena Vista and the need to upgrade the road to Town's
standards.
MOTION SECONDED AND CARRIED: Moved by Yanez, seconded by Carico and
passed by the following roll call vote to Deny the Site Development Permit
for Lands of Cook - road realignment.
3. Lands of Kiremidjian, Lot V. Berry Hill Court, Request for approval of
Site Development Permit for new residence
Mr. Enright referred to Staff Report dated April 15, 1967, informed
Commission that this application is before the Commission because the
proposed grading area is in excess of 20,000 sq.ft., noting the applicant
proposes to construct a 2 story residence. Mr. Enright indicated that
there are two major issues related to this application: 1) Visual Impacts;
and 2) Grading. Mr. Enright indicated that if the Commission determines
that it is appropriate to issue a site development permit, the Conditions
of Approval as listed in the April 15, 1987 Staff Report should apply.
The Public Hearing was then opened.
Mr Clark Watkins, Architect, indicated that the structure fits in with
the existing neighborhood, and informed Commission that the applicant
desires no eaves to be incorporated into this development, noting they are
planning a berm to go around the front of the structure which will help
mitigate the view, and also landscaping planting will mitigate even
further. Mr. Watkins asked that the Commission approve the Site
Development subject to the Conditions listed in the Staff Report.
Mrs. Kiremdjian, 4145 Wilmer Drive Palo Alto, asked Commission to approve
the Site Development Permit subject to Conditions.
The Public Hearing was then closed.
Planning Commission Minutes - April 22, 1987
Page Nine
MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Carico and
passed unanimously to add new Conditions #6 and #7 to read: #6. Recommend
use of fire retardant roofing materials. #7• Color of structure shall be
earth tones.
MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Emling and
passed unanimously to approve the Lands of Kiremdjian, Site Development
Permit subject to Conditions of Approval as amended.
NEW BUSINESS:
1. Lands of Lumbard, 13027 La Barranca, Preliminary Review of possible
variance request
Mr. Enright referred to Staff Report dated April 10, 1987, informing
Commission that the Lumbard's are requesting a Preliminary Variance review
for an additional garage with storage loft. Mr. Enright indicated that
based on a Real Estate Review prepared by the Town, the property is
currently exceeding the allowed development area, but conforms with floor
area. Mr. Enright noted that the Lumbards have prepared a letter dated
April 6. 1987 for Commissions review and have supplied a site plan as
well.
Mrs. Lumbard, 13027 La Barranca, informed Commission that they have no
intention in combining the two lots they own, they prefer to keep the
other lot open and not be built on, referring to their letter dated April
6, 1987 for reasons of requesting a variance and meeting the required
findings per Municipal Code Section. Mr. Lumbard informed Commission they
need to store a new tractor and small truck and additional storage space.
The Planning Commission indicated that the proposal as submitted would be
difficult to make the required findings per Municipal Code Section 10-
1.1107 (b), as the structure seems much larger than would be necessary to
store a small tractor and truck, with regard to the size and height of the
proposal. The Commission further indicated that the property is currently
1,131 sq.ft. over the allowed development area and that this proposed
variance request would make the property approximately 1,671 sq.ft. in
excess of that allowed by the current zoning ordinances.
2. Request for interpretation regarding retaining wall and Ordinance
10-1.504 13468 Golden Hill Court
V
Planning Commission Minutes - April 22, 1987
Page Ten
Mr. Enright referred to Staff Report dated April 17, 1987, informing
Commission the owners of 13468 Golden Hill Court have requested that the
Planning Commission determine that the retaining wall installed behind the
residence (master bedroom wing, southeast side) not be subject to the same
height limitations as a fence or wall above grade. Mr. Enright gave
Commission a background of the construction process involved with this
project and the approvals received from the Site Development Committee.
Mr. Enright indicated that staff recommends that the Planning Commission
determine that this retaining wall is not subject to the height
limitations as it is below natural grade.
Mr. Pong Ng, Architect, informed Commission that the wall is completely
hidden from the street, and will be fenced and planted for screening.
Mr Goodwin Rogness, Builder, described the detail of the retaining wall
and heights, requesting that the Planning Commission approve their
reqquest for interpretation.
MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Struthers and
passed unanimously to interpret that the retaining wall which was approved
as part of the Site Development Permit would not be subject to the fence
and wall ordinance, Municipal Code Section 10-1.504, as the wall is below
existing grade and is easily shielded from off-site views.
t MOTION SECONDED AND CARRIED: Moved by Yanez, seconded by Carico and
\r passed unanimously that the retaining wall as constructed conforms to this
interpretation.
The grading aspects of this project must return to the Site Development
Committee for review and approval.
H. OLD BUSINESS:
1. Discussion of Landscape Inspector - continued from April 8, 1987
Requested to be continued for future agenda.
I. ADJOURNMENT:
There being no further new or old business. the meeting was adjourned
12:30 A.M.
Respectfully submitted,
Leslie Mullins
Planning Technician