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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