HomeMy WebLinkAbout05/27/1987PLANNING COMMISSION
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
Wednesday, May 27, 1987
Reel 128, Side I, Tract II, 325 -End; Side II, Tract II. 000 -End
Chairman Struthers called the meeting to order at 7:30 p.m. in the Town Hall
Council Chambers.
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present" Commissioners Emling, Kaufman, Patmore, Stutz, Yanez
and Chairman Struthers
Absent: Commissioner Carico
Staff: Michael W. Enright, City Engineer; Nancy Lytle, Town Planner
Leslie Mullins, Secretary
kw B. CONSENT CALENDAR:
MOTION SECONDED AND CARRIED. Moved by Kaufman, seconded by Stutz and
passed unanimously to approve the Consent Calendar, specifically:
1. Approve Minutes of May 13, 1987
2. Setting Public Hearings for June 10, 1987 -
a. Lands of Cook, Reconsideration of Realignment of Buena Vista
Drive
b. Lands of Boyd, File #VAR 9-87, 13300 Robleda Road, Request
for approval of Variance and Site Development Permit
Study Session:
a. Zoning Ordinance - Zoning Overlay R -A-1
b. Zoning Ordinance - Variance Process
Lim
Planning Commission Minutes - May 27, 1987
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REPORT FROM CITY COUNCIL MEETING OF MAY 20, 1987:
Commissioner Kaufman reported the City Council held the award of design
awards to Morton on Westwind Way; Lombardi (Nowack) on Country Way and
Swanson on Hilltop. Kaufman reported the Hu and Rueter Variances were both
approved; Storm Drainage Master Plan prepared by Creagan & D'Angelo
accepted traffic signal at Magdalena and Summerhill not required;
certificate of correction approved for HHBSL on Harris Wild Plum Lane;
relocation of Town Hall entrance continued for discussion to June 17,
1967 Agenda; approved contract for EIR for the Quarry Hills project -
process will be in four phases. Kaufman reported that he made a report to
the City Council with regard to minor variances. noting the City Council
intended to have public notices still included and comments on procedures
and fees on the minor variances. Kaufman reported to the City Council
that the Planning Commission had reviewed the Draft Housing Element and
recommended that it be forwarded to the State for review, the City Council
has placed this item on their next agenda for review of the Draft prior to
it being sent out. Kaufman reported there is a Regional Leadership Forum,
with one space available to attend, if anyone desires; and Foothill
College held a initial study on May 18th, noting Commissioners who
attended past meetings were not informed.
REPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF MAY 19, AND MAY 26:
Commissioner Stutz reported the Site Development Committee on May 19th
approved Landscape Plan for Leanheart which included driveway
modification; approved new residence for Wu on Moody Road with
installation of pathway; required Nakajima on Horseshoe to follow the
backfill provision and remove additional parking area added.
Commissioner Yanez reported the Site Development Committee on May 26, 1987
approve all items on the Agenda, with discussion over Goese on La Loma for
an addition, noting neighbors raised concern over the height of the
addition.
PRESENTATIONS FROM THE FLOOR:
PUBLIC HEARINGS:
Proposed Ordinance of the Town of Los Altos Hills further amending
Chapter 1 entitled, "Zoning" of Title 10 of the Los Altos Hills
Municipal Code by amending Section 10-1.301 and adding thereto Article
9 establishing the residential -agricultural rural neighborhood zoning
district (Draft Ordinance is in process of review by Subcommittee -
item to be continued to future agenda)
Planning Commission Minutes - May 27. 1987
%r Page Three
Commissioner Kaufman referred to report he prepared with regard to
subcommittee meeting of May 19th for Commission and public information.
Chairman Struthers briefly explained what the ordinance would entail,
informing public a Study Session has been scheduled for review of this
proposed ordinance for June 10, 1987.
2. Lands of Fremont Hills Country Club, File #CUP 6010-76, 12689 Viscaino
Road. Annual Review of Conditional Use Permit
Ms. Lytle referred to Staff Report dated May 19, 1987 informing Commission
the previous annual review was conducted in January 1987, and since that
time, there have been no additions or amendments to the Use Permit. Ms.
Lytle indicated this Use Permit has been sent to reviewing agencies and
staff has made inspection of the site. With regard to letter received May
26, 1987 from Evans and Neves, Ms. Lytle informed Commission if the
Commission wishes to have a sign installed as indicated in the letter, the
item should be referred to the City Council. Staff recommends that the
Planning Commission adopt a motion to approve the extension of the subject
Conditional Use Permit.
The Public Hearing was then opened.
Mr. Neal George, Manager Fremont Hills Country Club, informed Commission
he has no objections to the installation of a sign for directional
purposes.
The Public Hearing was then closed.
Commissioners discussed the size limits on signs within the Town, Ms.
Lytle informed Commission the Town has size limits on political signs and
realty signs, and would have to refer this matter to the City Council for
review and approval. Questions were raised over the creek clearing which
occurred in past, asking if the area could be relandscaped to provide
screening of the parking lot area. Mr. Enright suggested that the
Commission should appoint a member to work with the Club on some type of
plantings for screening, noting the willows were removed by the
Maintenance Crew because of erosion occurring to the pathway, noting the
upper bank area would be a more appropriate location for plantings to
occur and should not have an affect on the approval of the Use Permit.
MOTION SECONDED AND FAILED Moved by Yanez and failed due to lack of
second to approve the Annual Review of Conditional Use Permit for Lands of
Fremont Hills Country Club, File #CUP 8010-76. The issue regarding the
installation of a sign should be routed to the City Council for approval.
Planning Commission Minutes - May 27, 1987
%W Page Four
MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Emling and
passed by the following roll call vote to approve the Annual Review for
Conditional Use Permit for the Lands of Fremont Hills Country Club, File
#CUP 8010-76. with the addition of new Condition B.6. to read as follows:
Applicant shall erect adequate number of signs with the approval of the
City Council. to direct visitors to the facility. Fremont Hills Country
Club shall have an agreement with the club users, that they shall not
erect any additional signs other than to the directional signs, and that
they should be removed after the event, (i.e.. weddings).
ROLL CALL:
AYES: Commissioners Emling, Patmore, Stutz, Yanez and Chairman Struthers
NOES: None
ABSTAIN: Commissioner Kaufman (Member of Fremont Hills Country Club)
ABSENT- Commissioner Carico
3. Lands of Westwind Farms, File #CUP 8022-77. 27210 Altamont Road,
Annual Review of Conditional Use Permit
(Annual Review to be continued to allow for review of Landscaping by
the Site Development Committee)
4 Lands of Carse, Altamont and Taaffe Roads, Request for approval of
Site Development Permit for New Residence, Swimming Pool, Decking and
Accessory Structure
Prior to hearing the Staff Report by the City Engineer, Chairman Struthers
questioned if the lawn area were not to be part of this application, then
should this item be heard by the Site Development Committee and not the
Planning Commission. Mr. Enright indicated that in order to remove this
item from the agenda, it would require concurrence by the applicant.
Discussion ensued over the appropriate action which should be taken by the
Planning Commission this evening.
Mr. Enright referred to Staff Report dated May 20, 1987, informing
Commission this item is before the Commission because there is grading in
excess of 20,000 sq.ft.. noting the proposed project consists of a new
residence, pool, driveway, parking area, patios and walkways, and grading
for a grass area in the shape of a tennis court. Mr. Enright noted that a
portion of the driveway will encroach into the conservation easement, and
has been approved to do so by the City Council. Mr. Enright noted if the
Commission determines that it is appropriate to issue a Site Development
Permit. the conditions as outlined in the May 20 1987 should be made part
of the approval- noting that some of the conditions incorporate conditions
previously made with the approval of the Site Approval for the Lands of
Korpontinos (previous owners)
Commission and staff discussed concerns
over the
amount of grading shown
in the swimming pool area, and lawn area
behind
the residence, and
questions on overhangs proposed.
Planning Commission Minutes - May 27, 1987
I%r Page Five
The Public Hearing was then opened.
Mr. Steve Fillippoff, Steinberg Group, handed out to Commission for review
a small scaled version of the site plan, and informed Commission that with
regard to Condition k7, we are willing to modify the grading of the lawn
area and eliminate the retaining walls, noting the applicant would like a
small flat area for a play area, which would be approximately 1/3 the size
now shown. Mr. Fillippoff requested that the Commission approve the Site
Development Permit subject to their suggested modification of grading
reduction.
Commissioner Kaufman noted concerns over excessive amount of grading in
the swimming pool area, noting structures should follow the natural land
contours; access shown on one plan to the guest house is not acceptable,
noting ordinance requires same access be used to guest house from the main
residence; and concerned over the amount of grading necessary by gaining
access from Taaffe, noting it would be much less if they used Altamont
Road.
Mr. Fillippoff, informed Commission the applicant prefers the swimming
pool in this location due to sun; with regard to driveway access, this is
what was shown and approved on the Site Approval. Mr. Fillippoff
explained to Commission the amount of earth work for repairing of the
slide areas on the lot in conformance with the Geologist review.
Commissioner Patmore indicated she felt there is too much disruption to
this lot with this proposal, suggesting that the applicant leave contours
more natural than that being proposed with this application.
Commissioner Emling indicated a major concern is "over development of the
lot" - too much grading in the swimming pool area and lawn area.
Commissioner Yanez concurred with statements made by Commissioners.
Ms. Lytle informed Commission that the applicant has worked with the Site
Development Ordinance to have the house a low profile structure on this
site, asking if this is one of the concerns of the Commission.
Commissioners indicated they did not have as much concern of the grading
for the residence as they do for the swimming pool and lawn area.
Mr. Fillippoff questioned if it would be possible for Commission to
approve the proposed residence and return for approval of the grading for
swimming pool and lawn area. Commission indicated they would prefer to
see a new site plan prepared for review by either the Site Development
Committee if under 20.000 sq.ft. or by Commission if over.
The Public Hearing was then closed.
Planning Commission Minutes - May 27, 1987
Page Six
Commissioner Stutz indicated that she liked the fact that the house is set
down, and would like clarification of condition #5 in the Staff Report,
noting she does not feel that 18" is a major tree. Mr. Enright noted
those trees within the grass area would be considered major. Commissioner
Stutz also indicated too much grading within the swimming pool area.
Chairman Struthers indicated for a house of this size it has much less
impact by sinking it in, noting concern over the grading for lawn and pool
area, noting the applicant should attempt to make lawn area as a natural
area. Chairman Struthers also noted concern over the second unit and
access.
MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Emling and
passed unanimously to continue the Lands of Carse, Site Development Permit
to allow applicant to redesign based on the comments made by Commission,
and to re-scedule to the appropriate body depending upon the amount of
grading required.
5. Lands of Collinson. File #VAR 5-86, 27500 Edgerton Road, Request for
reconsideration of Variance for constructing a carport
Ms. Lytle referred to Staff Report dated May 19, 1987 informing Commission
the application was previously considered by Commission in September 1986,
at which time a three car carport was proposed, the Commission adopted a
motion to continue the variance to allow the applicant to consider a
redesign. Ms. Lytle noted that new plans received April 15, 1987, has
reduced the carport from three car to two car, thereby reducing the
variance request from 32 foot intrusion to a 21 foot intrusion into the 40
foot setback along Edgerton Road. Ms. Lytle noted that the findings as
per Municipal Code Section 10-1 1107 (b) necessary to grant a variance,
cannot be supported with sufficient evidence in particular item #1.
Staff recommends that the Commission deny the requested variance based on
the inability to make required findings as supported in the May 19, 1987
Staff Report.
The Public Hearing was then opened.
Dr. Collinson, 27500 Edgerton Road. thanked Commission for the opportunity
to redisgn their proposal discussing alternative locations for placement
of the carport noting this is the most ideal location. Dr. Collinson
informed Commission he has been in contact with a nursery and will provide
adequate screening of the carport with the existing and new plantings.
Dr. Collinson further informed Commission that all neighbors have signed
the variance application, asking for approval of the variance as his wife
has medical reasons for the location of the carport to be as shown on
their proposal
Planning Commission Minutes - May 27. 1987
Page Seven
Commissioners questioned if they had thought of a one car garage, and if
the proposed carport could be in the location of the existing deck which
is the same level and out of the setback area.
The Public Hearing was then closed.
Commissioner Yanez indicated he did not feel that the existing deck is an
appropriate location, noting there would be no room for turnaround. Yanez
felt that much time has been spent in the redesign of this proposal,
noting the applicant has received concurrence from all neighbors, and that
there are many carports and garages in the immediate area close to the
roadway, recommending that this variance be approved.
Commissioner Kaufman indicated that the last time this was before us, he
had opposed the three car carport, noting with the redesign of the
structure and the appropriateness to the existing structure this variance
should be granted, referring to findings required for granting of a
variance, as there is no other practical place to put covered parking on
the existing lot, due to placement of existing structures. given the
number of existing carports and garages in the area close to roadway this
application would be in harmony with the local neighborhood.
MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Yanez and
passed by the following roll call vote to approve the Lands of Collinson,
File #VAR 5-86, 27500 Edgerton Road to allow a setback intrusion of up to
a maximum of 21 feet. and to allow intrusion into the height envelope for
purposes of constructing a 15.5 foot high carport, based on making
required findings per Municipal Code Section 10-1.1107 (b). The Site
Development Permit should address geologist concerns, drainage. pathway
and landscaping.
ROLL CALL
AYES: Commissioners Emling Kaufman and Yanez
NOES, Commissioners Stutz and Chairman Struthers
ABSTAIN: Commissioner Patmore
ABSENT: Commissioner Carico
Commissioner Patmore indicated that she felt strongly this should have
been denied in September during the first review, however, as the
applicant has redesigned, do not feel that the findings made are valid tc
grant approval of variance.
Lands of Summit File #VAR 11-87 13390 Lenox Way Request for
approval of Variance and Site Development Permit for construction of
an addition
Planning Commission Minutes - May 27, 1987
Page Eight
Ms. Lytle referred to Staff Report dated May 21, 1987, informing
Commission the request is for remodel and additions to existing residence,
includinng a second story den, expanded kitchen and laundry room, enlarge
family room, master bedroom and dining room additions. Ms. Lytle noted
the project will increase the floor area on the lot by 1,584 Sq.ft., 948
sq.ft in excess of the MFA allowed. Ms. Lytle indicated that all of the
findings required by Section 10-1.1107 (b) can be made, with the exception
of H3- Staff recommends that the Planning Commission deny the proposed
variance for Lands of Summit for reasons as supported in the May 21. 1987
Staff Report
Commissionand staff discussed calculating of MDA for the subject lot,
with regard to net and gross acreage; noting easements for public
utilities (such as water described by Summit in their letter) is not
excluded.
The Public Hearing was then opened.
Mrs. Summit, 13390 Lenox Way. informed Commission they have resided here
for 20 years explaining the residence was constructed in 1946 as a
cottage, designed to accommodate young families returning from the war,
noting each subsequent owner has modified the house to meet expanding
needs, as the current residence suffers from general deterioration of age
and shortcomings which accompany multiowner additions, asking Commission
to approve the variance for their modest remodeling and addition to bring
the house up to modern standards. Mrs. Summit informed Commission of
problems inherent to the original design of the structure i.e., roof must
be replaced (constant leaking and repair) slab heating must be replaced;
kitchen appliances as originally installed are no longer available and
costly to replace; bedrooms too small to accommodate bedding for two
people; no laundry facility, no dining room, no storage space.
Mr Summit- 13390 Lenox Way, clarified comment made in letter to
Commission with regard to Water Tank Area Easement, noting they had always
thought it was an easement, but it was deeded to the Water Company, noting
that they have a 1.064 acre lot, but with three sides being used up with
easements, it greatly reduces the net acreage, noting if the application
could be based on gross area not net then we would meet the allowed MDA
and MFA, asking Commission for approval of the Variance to allow
remodeling and addition to the existing residence to update to current
standards.
The Public Hearing was then closed.
%W
Planning Commission Minutes - May 27 1987
`, Page Nine
Commission and Staff discussed right-of-way easements shown on the
property, when they were deeded: Fremont Road abandonment possibilities;
location of pathway; and size of requested remodel/addition in keeping
with allowed Floor Area for the subject lot; lack of adequate heating for
homeā¢, and up to date appliances within kitchen; and use of laundry
facilities.
MOTION SECONDED AND CARRIED: Moved by Emling seconded by Yanez and
passed by the following roll call vote to approve the Lands of Summit,
File #VAR 11-87 13390 Lenox Way, to allow 948 sq.ft. of floor area in
excess of the Maximum Floor Area for addition and remodel to the existing
residence, based on required findings per Municipal Code Section 10-1.1107
(b), as this is an older established lot and structure, and with
remodel/addition applicant shall be able to enjoy priveleges existing in
the neighborhood, i.e.. heating of structure, and eliminating leaking
roof the proposed addition/remodel does not impact the outside of
structure or neighborhood.
ROLL CALL:
AYES: Commissioners Emling. Kaufman, Stutz Yanez and Chairman Struthers
NOES Commissioner Patmore
ABSENT: Commissioner Carico
Mr. Enright referred to Staff Report dated May 20, 1987 informing
Commission if Planning Commission determines that it is appropriate to
grant a variance. then Conditions of Approval as listed in the May 20,
1987 Staff Report should be included in the approval.
Dr. Bill Fee, Pathway Committee Representative informed Commission and
applicant that the Pathway Committee would like to establish a pathway to
the redwood grove area.
Commission made the following statement with regard to the Site
Development Permit: No additional right-of-way shall be required with
regard to this application, in that all lots are fully developed and
largely in non-conformance with right-of-way, lot is substandard and
southwesterly serves small number of houses.
MOTION SECONDED AND CARRIED: Moved by Yanez. seconded by Struthers and
passed unanimously to approve the Lands of Summit, Site Development
Permit. 13390 Lenox Way for addition/remodel to existing residence subject
to the Conditions of Approval as listed in the May 20. 1987 Staff Report
and with the addition of the following conditions to read as follows: 3.
Pathway shall be located within thirty foot (301) of centerline of Fremont
Road right -of --way, to be granted prior to final of Building Permit, to the
satisfaction of the City Engineer and Pathway Committee. 4. Geologist
recommendations dated April 14. 1987, shall be incorporated as part of
this approval.
V
Planning Commission Minutes - May 27, 1967
Page Ten
7. Lands of Clement, File #VAR 10-87 12785 Dianne Drive, Request for
approval of Variance and Site Development Permit for construction of a
garage
Ms. Lytle referred to Staff Report dated May 21 1987, informing
Commission the subject property has been experiencing soil creeping and
movement problems for several years as the result of improper fill
compaction during construction of the original house, noting the
application wishes to repair the problem in a more permanent way than the
"band-aid repairs which have taken place in the past. Ms. Lytle further
noted that there are three different methods of repairing the failing
slopes below the house. and the applicant has indicated he would prefer
alternate 2 or 2A, however, the construction of a new garage under the
existing one, increases the development area due to the fact that all
floor area counts toward MDA, therefore the applicant has applied for a
variance to allow auditional exceedance of MDA for construct the new
garage. Ms. Lytle informed Commission staff maintains that the necessary
findings per Municipal Code Section 10-1 1107 (b) can be met and supported
as listed in the Staff Report, thereby recommending that the Planning
Commission grant the variance to allow the existing MDA exceedance of
6,255 sq.ft. and to allow additional MDA exceedance of 1.170 sq.ft. for
the purposes of constructing a new garage in conjunction with slope
repair.
The Public Hearing was then opened
Mr. Jerry Clements, Engineer informed Commission the variance and site
development permit shows remedial work proposed at the subject property to
correct a long-standing earth creep problem which is now damaging the
garage on the property. Mr. Clements explained when the latest failure
became evident about a year ago the owner's insurance company retained a
soils engineer and a civil engineer who recommended removal of the fill
and replacement using a 2%1 maximum slope. informing Commission, we are
proposing a more permanent solution, referring to Sheet 2 or 2A for
preference. Mr. Clements noted that because of the considerable expense
involved in the repair the owner would like permission to select the most
economical alternative.
Mr. Enright informed Commission that Staff recommends that the Site
Development Permit be continued, with concurrence by the applicant. and
suggests the Planning Commission only take action on the requested
variance.
The Public Hearing was then closed.
Planning Commission minutes - May 27. 1987
Page Eleven
Commission staff and applicant discussed the alternatives given for slope
repair, recommendations made by the Town Geologist, and the change from a
one story facade to two story. with a large retaining wall not easily
screened.
MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Yanez and
passed unanimously to approve the Lands of Clement, File #VAR 10-87. 12785
Dianne Drive, to allow the existing MDA exceedance of 6.255 sq.ft. and to
allow additional MDA exceedance of 1.170 sq.ft., for the purposes of
constructing a new garage in conjunction with slope repair, based on the
findings per Municipal Code Section 10-1.1107 (b) as supported in the May
21. 1987 Staff Report.
Mr. Clement, 12785 Dianne Drive, requested that the Planning Commission
approve the Site Development Permit as well. leaving the choice of which
repair plan to use up to the applicant.
Commission and staff indicated it would be appropriate to continue
consideration of the Site Development Permit and allow the applicant to
choose which repair plan is economically feasible. Commissioners
indicated they would prefer to see two walls rather than one large wall,
noting landscape mitigation is much easier.
MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Kaufman and
\r passed unanimously to continue the Site Development Permit for Lands of
Clement, 12785 Dianne Drive to allow applicant to select alternative of
desired slope repair
NEW BUSINESS:
Should Site Development Permits accompanying Variance and Conditional
Use Permits be referred to the Planning Commission or heard by the
Site Development Committee?
Ms. Lytle referred to Staff Report dated May 21. 1987, informing
Commission staff strongly recommends that applications which require
variances and use permits be referred to the Planning Commission for
review, unless the applicant is unwilling to apply for all permits
simultaneously, noting reasons for this recommendation are two -fold 1)
simultaneous processing can save 2 weeks to 1 month in processing time and
administrative handling, this is a considerable cost and time saving to
Town residents; 2) since both decisions are made by the same decision
making body, we avoid the risk of the Site Development Committee and
Planning Commission disagreeing, as in the case of Prodromou on Page Mill
Road Use Permit application
Planning Commission Minutes - May 27, 1987
Page Twelve
Chairman Struthers referred to memo received from Commissioner Carico
which read as follows: I cannot be at the meeting, but I would like the
following remarks read into the minutes 1) On Use Permits (Site
Development) I agree with staff Use Permits have always been conditioned
by the full Planning Commission On another issue Carico's memo requested
under New Business, to Agendize for future meeting "Maps Area" Review or
Study.
Chairman Struthers and Commissioner Patmore indicated as the Site
Development Committee has a more informal setting, and a timed agenda at
1/2 hour to each project they felt the more approrpiate place for these
reviews is at the Committee level. Ms Lytle suggested that if during the
Planning Commissioners review at the public hearing for Conditional Use
Permit or Variance, if the Site Development Permit is long and involved
perhaps more than fifteen minutes, then the item should be continued to
the Committee level for review, rather than full Planning Commission.
Commissioner Kaufman felt that the Conditional Use Permit and Variance
could be ran concurrently with the Site Development Permit to eliminate
time and confusion
Passedby consensus to continue the current process for routing Site
Development Permit reviews along with Variances and Conditional Use
Permits to the full Planning Commission; if at the public hearing there is
a problem or concern then the item can be continued to the Site
Development Committee level.
H. OLD BUSINESS:
Commissioner Patmore expressed appreciation in having Nancy Lytle,
Town Planner back to work.
Commissioner Emling questioned how drainage is to be handled across
driveway at the newly constructed house on Moody Road. Mr. Enright
informed Commission that the driveway surface crossing the pathway is
roughened to prevent horses from slipping when crossing driveway, and
drainage shall go to accepted storm drainage in roadway, per plans
approved.
ADJOURNMENT:
There being no further new or old business, the meeting was adjourned at
11:45 p.m.
Respecfully submitted,
Leslie Mullins
Planning Technician