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HomeMy WebLinkAbout05/13/1987PLANNING COMMISSION •• TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday, May 13, 1987 Reel 128, Side II, Tract I, 500 -End; Side I, Tract II, 000-325 Chairman Struthers called the meeting to order at 7:34 p.m. in the Town Hall Council Chambers. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Carico, Emling, Kaufman, Patore, Stutz, Yanez and Chairman Struthers Absent: None Staff: Lori Scott, Acting Town Planner; Leslie Mullins, Secretary City Council Representative: Councilman Plummer B. CONSENT CALENDAR: Item Removed - B.1. (Carico & Patmore) 4 Commissioner Carico requested the minutes of April 22, 1987, page eight, to include the roll call vote on the first motion. Roll Call: Ayes: Commissioners Patmore, Yanez and Chairman Struthers; Noes: Commissioners Carico and Emling; Absent: Commissioners Kaufman and Stutz. Commissioner Patmore requested the minutes of April 22, 1987, page nine, first paragraph to include discussion by the Planning Commission with regard to the design of the proposed residence for Kiremidjians on Berry Hill Court. Commissioners discussed the architectural design of the proposed structure, lack of eaves on the structure, location and siting of residence and its relation to the existing neighborhood with regard to size and style of structure and how it fits into the neighborhood (i.e., number of existing one story and two story structures in the immediate area). MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Yanez and passed unanimous y to approve the Consent Calendar, specifically: 1. Minutes of April 22, 1987 as amended. 2. Setting Public Hearings for May 27, 1987: a. Lands of Carse, Altamont and Taaffe Roads, Request for approval of Site Development Permit for New Residence, Swimming Pool, etc. Planning Commission Minutes - May 13, 1987 kw Page Two b. Lands of Collinson, File #VAR 5-86, 27500 Edgerton Road, Request for reconsideration of Variance for Carport C. Lands of Summit, File #VAR 11-67, 13390 Lennox Way, Request for Variance and Site Development Permit for an addition d. Lands of Clement, File #VAR 10-87, 12785 Dianne Drive, Request for Variance and Site Development Permit for garage e. Lands of Fremont Hills Country Club, File #CUP 6010-76, Annual Review f. Lands of Westwind Farms, File #CUP 8022-76, Annual Review g. Lands of Cook, reconsideration of Buena Vista Drive relocation (later scheduled for review by Planning Commission for regular meeting of June 10, 1987 - application to be routed to Roads and Drainage Committee, Safety Committee and Pathway Committee for review prior to preparation of Staff Report) Commissioner Kaufman abstained from approval minutes from April 22, 1987. C. REPORT FROM CITY COUNCIL MEETING OF MAY 6, 1987: ( Commissioner Carico reported the City Council concurred with approval of variance for Lands of Schubert; upheld appeal for Lands of Reed on Robleda Road for swimming pool; upheld appeal for Lands of Carnes on Tracy Court for berms and fences, with condition that fence not cross creek and on berm. City Council approved Tentative Map for Lands of Del Monte, with discussion over zoning overlay, and sensitive planning for structures within this subdivision. City Council approved zoning ordinance amendment for walkways and overhangs. City Council clarified time line of the Ward application for addition and swimming pool on Via Ventana. Carico reported the PTA at Bullis School has requested a stop sign at Fremont and Manuella Roads, to be looked into by the Safety Committee. Carico reported the City Council discussed the relocation of building site circle for Lot #18, Matadero Creek Subdivision for Lands of Kao, noting the applicant would like to accommodate a tennis court on the site, noting this item referred to Site Development Committee. Discussion of signal at Summerhill and Magdalena continued to next agenda. Carico informed Commission that the applicant for the Currie subdivision on O'Keefe Lane requested an amendment to the Conditions of Approval for measuring sound on the properties, noting the City Council supported the City Engineer's interpretation of Condition 1.D. of the approved Conditions of Approval for the Tentative Map. Carico reported the City Council approved the placement of a mirror on the telephone pole near Purissima Maintenance Barn for horse back riders vision. Carico reported the City Council held discussion over concerns of lighting of residences, (i.e., skylights) at night and need for careful planting planning. Fe Planning Commission Minutes - May 13, 1987 Page Three REPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF APRIL 28, 1987 AND MAY 5, 1987: Commissioner Yanez reported the Site Development Committee on April 28, 1987 approved new residence for Male; approved new residence and pool for Manian; approved new residence for Fisher; and continued new residence for Pan Cal Development. Commissioner Stutz reported the Site Development Committee on May 5, 1987 approved swimming pool for Baskerville; denied new residence for redesign for White; approved landscape plan for Herpick; approved cabana/workshop, tennis court, spa, terraces and driveway for Harris; approved pool, deck, walkways and grading modification for Greendol. Commissioner Kaufman reported the Site Development Committee on May 12, 1987 approved landscape plan and trellis for Carneghi; landscape plan for Sullivan; addition and pool for Ward; addition for Sash. PRESENTATIONS FROM THE FLOOR: PUBLIC HEARINGS: 1. Lands of Lin, File #VAR 5-87, 11645 Dawson Drive, Reconsideration of Variance request to exceed the Maximum Development Area for a swimming pool and approval of Site Development Permit Ms. Scott referred to Staff Reports dated May 5, 1987 and March 19, 1987, informing Commission this application was continued from the meeting of March 25, 1987 to allow the applicant to revise the proposal by reducing the size of the pool. Ms. Scott indicated that the applicant has submitted new plans with a new pool size of 954 sq.ft. which is reduced from the original size of 1,634 sq.ft. thereby making the new proposal for variance to exceed the allowed mda by 922 sq.ft. (as opposed to the previous request to exceed mda by 1,602 sq.ft.). Ms- Scott referred to the Staff Report dated March 19, 1987 which contains staff's analysis and the basis for not making the required findings per Municipal Code Section 10-1.1107 (b), recommending that the Planning Commission deny the variance request to exceed the Maximum Development Area for the lot by 922 sq.ft. for the purpose of constructing a swimming pool and deck. The Public Hearing was then opened. Mr. Bill Lee, Architect, informed Commission the Lin's request approval of their modified variance request, referring to past confusion and background of the site development permit processing of the residence and swimming pool, with regard to the pool not being redlined off of the approved site development plans, and the changes to the zoning ordinances thereby reducing the allowed development area for the lot, informing Commission they have spent much time and money and need the swimming pool for exercise. Mr. Lee commented that he felt that the Planning staff has Planning Commission Minutes - May 13, 1987 Page Fp mislead the Lin's with regard to the processing of their application, noting that they do not feel the appropriate procedure for this application is a variance as they had turned in all their applications showing a swimming pool and calculations for pool and decking. Commissioner Kaufman referred to the procedures for variance processing, required findings per State and local laws, informing applicant that the only body to grant relief from this procedure is the City Council, noting that the new zoning ordinances were passed with proper notification, processing etc. and well publicized. Dr. Thomas Lin, 2788 Glauser San Jose, informed Commission that the processing of his site development permit was confusing with regard to deadlines, informing Commission that they met with the Town Planner and was advised to apply for a variance for the swimming pool. The Public Hearing was then closed. Commissioners all reviewed the application for Building Permit and Site Development Permit approval letter for the new residence. Commissioner Patmore indicated that the City Council seems to be the appropriate party that the Lins' should be addressing with regard to timing of their application and the lack of ability for Staff and Commission to make the required variance findings, noting the City Council has just recently upheld appeals of variances which the Planning Commission denied and feel this application should be heard by the City Council for interpretation. Commissioner Yanez indicated the variance should be approved by the Planning Commission. Commissioner Carico noted that she agrees with the concern of City Council overturning the Planning Commissions denial of both Reed and Carnes variances, noting however, the Commission at their meeting of March 25th requested that the applicant return with a revised plan, and now they have, noting she can make required findings of Section 10-1.1107 (b), items 3 4,5 &6. Chairman Struthers stressed the importance of variance findings being to the land and not the people, referring the exceptional circumstances for each variance application reviewed by the Commission. Commissioner Kaufman noted that he does not believe the variance can be supported, and noted the real issue is not a variance, but process procedures, the application was very misleading and confusing noting this is not a decision to be made by the Commission but the City Council. a Planning Commission Minutes - may 13, 1987 %r Page Five MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Kaufman and passed by the following roll call vote to send the Lands of Lin. File #VAR 5-87, 11645 Dawson Drive, to the City Council with no action being taken by the Planning Commission. ROLL CALL: AYES: Commissioners Emling, Kaufman, Patmore, Stutz and Chairman Struthers NOES: Commissioners Carico and Yanez ABSENT: None Lands of Hu, File #VAR 8-67, 14463 Liddicoat Circle, Request for approval of Variance to exceed the Maximum Development Area and Maximum Floor Area for a new residence, driveway, parking and walkways and for approval of Site Development Permit Before the presentation of the Staff Report, Commissioner Patmore indicated that this item should not be heard, as Commission just at the start of the meeting received a new staff report which shows a significant change in the variance request with regard to the MDA and MFA. Commissioner Carico questioned staff if there is a time deadline problem if the Commission were to continue this application. Ms. Scott indicated with the applicant's concurrance the item could be continued, noting the Commission should act on the variance this evening but continue the Site Development Permit to Committee level review. Commissioner Kaufman also felt the need to continue the item, as commission is totally unprepared to discuss this tonight, and would request more time to review the new staff report perhaps act on the variance and not the site development permit. Chairman Struthers informed Commission that the Staff has in the Staff Report already requested that the Site Development Permit be continued for review by the Site Development Committee, noting that the Staff has also indicated that the applicant has revised their variance application to reduce the amount of MDA variance and not longer requests a MFA variance. Commissioner Yanez indicated he did not feel the item should be continued, staff is recommending approval and the applicant has greatly reduced his variance request from the previous submittal. Commissioner Stutz had no comment. Ms. Scott referred to the May 12, 1987 Staff Report informing Commission that the applicant submitted revised plans, based on a re-evaluation of the proposal, the revised grading and relocation of the garages indicates that the MDA and MFA have been reduced. Ms. Scott noted that the revised plans reduce the request to exceed MDA to 954 sq.ft., as opposed to 3,208 sq.ft., and eliminates the request to exceed the MFA. Ms. scott indicated that based on the revised plans, staff recommends the Commission grant the variance to exceed MDA by 954 sq.ft. for the purpose of constructing a new residence, driveway and walkway based on required findings per Municipal Q Planning Commission Minutes - May 13, 1987 Page Six Code Section 10-1.1107 (b) as supported in the May 12, 1987 Staff Report. Ms. Scott referred to Mr. Enright's memo dated May 8, 1987 informing Commission the City Engineer recommends that the Planning Commission continue the Site Development Permit and refer it to the Site Development Committee for action. Based upon the review of the updated Staff Report and revised plans, Commission reviewed the Variance application, and indicated the Site Development Permit would be continued for review by the Site Development Committee per Staff recommendations. The Public Hearing was then opened. Mr. John Riley, Engineer, informed Commission they have revised their plans at the suggestion of staff, noting the garage has been raised, thereby reducing the amount of grading, and reduction in the requested MDA variance and no longer a need for MFA variance as the revised plans conform to the newly adopted zoning ordinance, asking Commission to approve the requested variance to exceed the allowed maximum development area by 954 sq.ft. Mr. Riley indicated they have no objection to the Site Development Permit being continued for review by the Site Development Committee. Mr. Michael Hu, 3791 Ross Road Palo Alto, informed Commission they've been working on the plans for this lot since 1985, noting the plans have been revised recently to lessen the amount of variance requested, feel that we have conformed as much as possible with the zoning ordinances, and kept the proposed structure in conformance with surrounding neighborhood, referring to his findings related to the variance requirements. Chairman Struthers questioned Mr. Hu if he received any of his immediate neighbors' signatures with regard to his requested variance. Mr. Hu indicated that he did not, as the Town notices all properties within 300' that the application has been filed and scheduled for public hearing. Commissioner Stutz raised questions over the topography lines and tree locations submitted by Mr. Riley. The Public Hearing was then closed. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Yanez and passed unanimously to approve the Lands of Hu, File #VAR 8-87, 14463 Liddicoat Circle, Request for approval of Variance to exceed the Maximum Development Area by 954 sq.ft. for new residence, driveway, parking and walkways, based on required variance findings per Municipal Code Section 10-1.1107 (b) as listed in the May 12. 1987. kw Planning Commission Minutes - May 13, 1987 Page Seven MOTION SECONDED AND CARRIEDMoved by Kaufman, seconded by Stutz and passed unanimously to continue the Site Development Permit for the Lands of Hu, 14463 Liddicoat Circle to be reviewed by the Site Development Committee. Lands of Rueter, File #CUP 1-87, 26640 Snell Court, Request for approval of Conditional Use Permit for a secondary dwelling unit and Site Development Permit Ms. Scott referred to Staff Report dated May 6, 1987 informed Commission this application is for a Conditional Use Permit to construct a Cabana with kitchen and bathroom for family and guest use, noting the applicant is pursuing a lot consolidation which will increase the total acreage of the property from 1.26 to 1.50 acres, and any approval of the CUP should be conditioned upon the successful completion of the consolidation Ms. Scott indicated that in staff's opinion, the findings of Municipal Code Section 10-1.1107 (a) can be met, and all requirements for secondary dwelling units as per Municipal Code Section 10-1.703 (k) can be met with this proposal, recommending that the Planning Commission approve the subject Conditional Use Permit subject to Conditions of Approval as outlined in the May 6, 1987 Staff Report. Ms. Scott referred to newly revised Worksheet #2 prepared by Bill Ekern dated May 13, 1987. Commissioner Patmore raised questions over a Swale area on the subject property which seems to be the location of the proposed cabana. The Public Hearing was then opened. Mr. James Rueter, 26640 Snell Court, informed Commission that the tueley grass is located on Lowell Avenue, not on his property, and referred to the existing structure on the property which may not be salvagable and may be too expensive in cost to renovate, noting the location of the proposed cabana is moved back slightly, asking Commission to grant approval of the Conditional Use Permit and Site Development Permit. Commissioner Stutz expressed concern over the great amount of watering/sprinkling and the need to take care of the water on the subject property. Mr. Rueter informed Commission that their landscape service tends to overwater and that they are working on a solution. Chairman Struthers questioned the pathway easement shown on the plans. Mr. Rueter indicated it would be continue to the new lot, and noted that the pathway is on Lowell Avenue. Mr. Rueter indicated that the swampy area on the pathway can be worked on during the construction of the cabana. Planning Commission Minutes - May 13, 1987 L Page Eight Mrs. Fran Stevenson, Chairman Pathway Committee, questioned if this application would be heard by the Site Development Committee, noting the Pathway Committee would then have a chance to review the plans and site (as of this date the Committee has not had a chance to review the application, only by the Chairman who quickly rode by on bike to review), and requested that the sprinklers be removed from within the pathway. The Public Hearing was then closed and commission began review of the Conditional Use Permit Conditions of Approval. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Stutz and passed unanimously to approve the Lands of Rueuter, File #CUP 1-87, 26640 Snell Court, subject to Conditions of Approval attached to the May 6, 1987 Staff Report. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Struthers and passed unanimously to continue the Lands of Rueter, Site Development Permit to the Site Development Committee for review, due to questions over drainage and pathway committee response 4 Revised Draft Housing Element of the Town of Los Altos Hills General Plan Ms. Scott referred to Staff Report dated May 6. 1987 informing Commission that staff recommends that the Planning Commission hold a public hearing to receive comments from the public on the contents of the Draft Housing Element, and direct staff to make any necessary changes and to submit the Draft Element to the State Department of Housing and Community Development for their review. Ms. Scott noted Mr. Steve Gaither has submitted a letter review of the Housing Element for Commissioners review, and further noted it may be appropriate to have another Study Session within 90 days. The Public Hearing was then opened Mr. Steve Gaither, 140 Golden Oak Drive Menlo Park, referred to his letter noting he tried work as constructively as he could with the draft document, noting the suggestions made in his letter are to strenghthen the document. Mr. Gaither indicated that he felt the document should be certified by the State. With regard to section in the Element there is mention of Senior Housing, asking how the Town would consider a project for Senior Housing. Mr. Gaither questioned the designation of 7.5 multi- family units in Town. Ms. Scott noted that this number is a carry over from past documents. Planning Commission Minutes - May 13, 1987 kw Page Nine Commissioner Kaufman informed Mr. Gaither with regard to the Senior Housing, it would be appropriate to address this to the Town Planner, (i.e., impact on neighborhood, location, requirement of General Plan amendments). Commissioner Kaufman informed Mr Gaither of the Study Session to be conducted on zoning overlay on Thursday, May 14th at 4:00 p.m. if he is interested in attending. Ms. Scott indicated that senior housing would also require an ordinance amendment. Ms. Beverly Lawrence, Citizens for Fair Housing, raised questions for discussion over the draft housing element regarding low income housing, location and number of units which could be available in Los Altos Hills. Ms. Lawrence expressed pleasure in seeing Goal #IV on page 42 with regard to eliminating discrimination based on race, religion, national origin, age, sex, marital status or physical handicap, and other arbitrary barriers that prevent choice of housing. The Public Hearing was then closed. Commissioner Patmore indicated that the document should be sent on to the State as is, and requested another Study Session be held for further discussion, noting she has very minor comments and changes to the document which would not effect the document before being sent off for review by the state. Commissioners Carico and Kaufman concurred that the Draft is appropriate to send on to the State and further Study Sessions would be appropriate as recommended by Staff. Commissioner Stutz raised question over page 23 with regard to number of acreage listed for open space within the Town and in the sphere of influence. Ms. Scott indicated that if Commission wishes a breakdown of these numbers, we can provide, but not this evening. Commissioner Stutz also questioned on page 28 $49.10 sq.ft. Ms. Scott indicated that this figure was obtained from a Bay Area Study. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Emling and passed unanimously to send the Draft Housing Element to the State and hold another Study Session for further discussion within 90 days. NEW BUSINESS: Commissioner Emling raised concern over the signal at Foothill College and E1 Monte, noting it is green for traffic coming from Foothill College and not E1 Monte. Commissioners were informed by Ms. Mullins that Signal Maintenance, Inc. (they maintain signals within Town) have been notified earlier in the week to look into this situation. kr Planning Commission Minutes - May 13, 1987 Page Ten 2. Commissioner Emling questioned if building permits have been obtained for fence being installed at Altamont where the trees were recently cut down? Ms. Mullins indicated she was not aware of any current permits for fence at that location and would have the Building Official place a stop work on the project. 3. Commissioner Patmore and Struthers questioned communication of site development issues on the Planning Commission Agendas and their routing to appropriate committees for review. 4. Commissioner Patmore informed staff that she would prefer to be informed of major changes to staff reports prior to the meeting time. 5 Commissioner Emling questioned if any Commissioners would be willing to move the meeting time any earlier, (i.e., 7:00 p.m. like City Council). Commissioners did not respond favorably to the suggestion. 6. Commissioner Kaufman requested that location maps be provided for Site Development Permit applications on the Planning Commission Agenda. 7. Ms. Scott requested that the Lands of Cook, 11471 Page Mill Road, kaw Reconsideration of Buena Vista Drive be changed from setting public hearing for May 27, 1987 to June 10, 1987 to allow time for response by Committees. MOTION SECONDED AND CARRIED: Moved by Stutz. seconded by Yanez and passed unanimously to schedule Lands of Cook, 11471 Page Mill Road, Reconiseration of Buena Vista Drive road alignment to June 10, 1987 Planning commission agenda, to allow staff time to route the application to Roads and Drainage, Safety, and Pathway Committees for review. Commissioner Stutz questioned concerns raised over Fenwick residence on Elena Road (i.e., planting requirement and lighting). Commissioner Patmore indicated that at the Site Development Committee review, we asked for additional plantings for screening of the outdoor lighting, etc. and applicant felt that the amount provided adequate screening. OLD BUSINESS: ADJOURNMENT: There being no further new or old business, the meeting was adjourned at 10:25 p.m. Respectfully submitted. err Leslie Mullins Planning Technician