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HomeMy WebLinkAbout07/22/1987PLANNING COMMISSION ( TOWN OF LOS ALTOS HILLS r+ 26379 Fremont Road Los Altos Hills, California Wednesday, July 22, 1987 Reel 129, Side II, Tract II, 000 -End Chairman Yanez called the meeting to order at 7:35 P.M. in the Town Hall Council Chambers. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Carico, Emling, Kaufman, Patmore, Struthers, Stutz, and Chairman Yanez Absent: None Staff: Nancy Lytle, Town Planner, Leslie Mullins, Secretary City Council Representative: Councilwoman van Tamelen B. CONSENT CALENDAR: Item Removed - B.1 (van Tamelen) Councilwoman van Tamelen requested the minutes of July 8, 1987, page eight, be amended to show that Commissioner Kaufman is up for re- appointment at the next City Council meeting. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Stutz and passed unanimously to approve the Consent Calendar, specifically: 1. Approval of Minutes - July 8, 1987 (as amended) 2. Setting Public Hearings to August 12, 1987: a. Vesting Tentative Map Ordinance b. R -1-A Zoning Ordinance C. REPORT FROM CITY COUNCIL MEETING OF JULY 15, 1987: Chairman Yanez indicated as all members of the Planning Commission were in attendance at the July 15th meeting (with the exception of Commissioner Struthers) no report will be given. Jnning Commission Minutes - July 22, 1987 e Two D. REPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF JULY 14, 1987 AND JULY 21, 1987: Commissioner Stutz reported the Site Development Committee on July 14, 1987 approved Swimming Pool for Mills on Mir Mirou Drive, subject to review of landscape plan prior to final; approved new residence for Stroh on Fawn Creek Court subject to no grading within Conservation Easement and lowering roof height to 241; approved driveway and addition for Montgomery on Black Mountain Road; approved Swimming Pool for Tsay on Jessica Lane. Commissioner Struthers reported the Site Development Committee on July 21, 1987 approved new residence for Mueller on Via Corita with discussion over maids quarters; approved a reconsideration of Goese on La Loma for remodel/addition to allow roof height to be as shown on plans approved in May; approved Landscape Planting Plan for Del Monte Developers property on South Fork Lane; approved Swimming Pool for Owen Homes (Cole) on Fremont Road, the landscape plan is to be returned for better plans and reviewed again by the Site Development Committee; approved resubmittal of Moy Landscape Plan and Grading Modification on Dawson Drive; and approved modification to Site Development Permit for Accola on Sherlock Road to add 2' to master bedroom and trellis entrance and roof height. E�W PRESENTATIONS FROM THE FLOOR: F. PUBLIC HEARINGS: Lands of White, 24970 O'Keefe Lane, Request for approval of Site Development Permit for New Residence Mr. Enright referred to Staff Report dated July 17, 1987, informing Commission the project consists of the construction of a one floor single family residence, noting there is no request for swimming pool or any other amenities at this time. Mr. Enright noted this project was referred to the full Planning Commission by the Site Development Committee, because the resubmited design was not substantially changed, noting the application was modified, but in a very minor nature and did not reduce by an appreciable amount the extent of developed area. Mr. Enright informed Commission, if the Planning Commission determines that the project should be granted, the Site Development Conditions as listed in the July 17, 1987 should be made part of the approval, and should also include: geologist conditions, landscape conditions, recommendation of fire retardant roofing materials to be used. L wPlanning Commission Minutes - July 22, 1987 ar Page Three Commissioners questioned if there is adequate room for any outdoor use on the property with this proposal; where amenities could be located; and how to gain access to the other side of the creek and through the Conservation Easement; and if there are any archaeological conditions on this site. Staff informed Commission the property is allowed approximately 16,000 sq.ft. of Development Area and are proposing with this application to use approximately 8,000 sq.ft., noting the allowed floor area with this application is almost at its limit. With regard to access over creek and through the Conservation Easement, staff indicated access would require modification to Conservation Easement by Planning Commission and City Council. With regard to archaeological conditions, the Conditions of Approval for the Tentative Map refer to the procedure the applicant is to take if there is any evidence of findings. Commissioner Carico indicated as she is listed on the mailing list for properties within 300' of this application, that she shall step down from the review of this application. The Public Hearing was then opened. Mr. Carl White, General Contractor, Los Altos, informed Planning Commissioners that he has a potential buyer for the proposed residence, requesting approval of the Site Development Permit subject to the Conditions of Approval as listed in the Staff Report presented by the City Engineer. Commissioners questioned if the potential buyer of the residence is aware that they will not be able to construct any other structures on the property as the Allowed Floor Area is at the limit; why grading work was performed within the Conservation Easement; and if the contractor has explained to the potential buyer what can and cannot be done within the Conservation Easement. Mr. White informed Commissioners: 1) the buyer is aware there is no more floor area available on the property; 2) grading work done previously was a mistake and at the time we informed the Site Development Committee and Mr. Enright we were not fully aware of the restrictions and have since corrected the situation and have received inspections and approvals by Mr. Ekern; and 3) the buyer is aware of what can and cannot be done within the Conservation Easement and to the property. Mr. Duaine Board, 54 Eaton Villa, Redwood City, informed Commissioners that he is fully aware of the restrictions of the Conservation Easement, asking the Commission to approve the proposed residence as submitted. Commissioners, Mr. Board and Mr. White discussed the access to the other side of the creek, construction of new culvert or bridge across creek, potential for construction of a swimming pool, and amount of development area remaining on the other side of the creek. Planning Commission Minutes - July 22, 1987 Page Four The Public Hearing was then closed. Ms. Lytle informed Commissioners and applicant, that if in the future access across the creek is requested, the Town does encourage bridges rather than culverts, and noted that any work within the Conservation Easement requires approvals by the Planning Commission, City Council and the Site Development Committee. Commissioners questioned what colors are proposed for the structure. Mr. White presented a color chart and pictures of what they propose to use, stone and earth tone (preferring grey tones) for color. Commissioners questioned if there was a pathway condition on this property. Mr. Enright informed Commissioners that there is a condition of the subdivision for the Ugie's, to install a pathway and completion is forthcoming. Commissioner Stutz indicated that the pathway easement should be shown on the Site Development Plans, and expressed concern over the height and size of the proposed residence, noting for a single story structure the maximum should be 181. MOTION SECONDED AND FAILED: Moved by Patmore, seconded by Kaufman and failed by the following roll call vote to approve the Lands of White Site Development Permit for a new residence, subject to Conditions of Approval as listed in the July 17, 1987 Staff Report and amended to include: Geologist Conditions; recommendation of using fire retardant roofing materials; color of structure to be as shown on color chart presented by Carl White; archaeological condition from the Tentative Map for Ugie Subdivision; landscape plan to be submitted prior to final inspection; restoration of pathway prior to final of residence and to be shown on Site Plan. ROLL CALL: AYES: Commissioners Kaufman, Patmore and Chairman Yanez NOES: Commissioners Emling, Struthers and Stutz ABSENT: Commissioner Carico Mr. Enright informed Commissioners that the mailing list includes Commissioner Carico, noting however she is within 300' of the subdivision for the Ugie property and not the subject lot, noting perhaps she may wish to join in on the vote. Commissioner Carico indicated that she does have concerns over this application and would very much like to ask the applicant to re -design the structure to reduce the height and bulk. Ms. Lytle informed Commissioners that the proposed residence is 21 1/2' to 22' in height, noting the house itself is not 27', since the fill beneath the structure counts toward the height measurement. 7 } Planning Commission Minutes - July 22, 1987 Page Five MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Stutz and passed by the following roll call vote to continue the Lands of White Site Development Permit to allow the applicant to re -design the structure, to lessen the height, reduce the bulk, thereby leaving more room on the creek side of the property to allow for other amenities for family type outdoor uses outside of the Conservation Easement. ROLL CALL: AYES: Commissioners Carico, Emling, Kaufman, Struthers, and Stutz NOES: Commissioners Patmore ABSTAIN: Chairman Yanez Applicant was informed of the appeal process through the City Council to be filed in writing within ten (10) days of this determination. Mr. Leo Siegel, Attorney, requested the Planning Commissioners consult with the City Attorney to obtain a recommendation as to actions being taken which are causing further limitations to the applicant. Commissioner Kaufman expressed to the applicant that the Planning Commissioners are fully aware of recent Supreme Court decisions and have already discussed the issues with the City Attorney. 2. Lands of Elliott, File #VAR 13-87, 27089 Taaffe Road, Request for approval of Variance to encroach into height envelope and exceed existing non -conforming development area for a minor addition Ms. Lytle referred to Staff Report dated July 16, 1987 informing Commission this is a public hearing to consider a variance request to encroach into the declining height envelope by a maximum of 71, and to exceed the existing non -conforming development area for the lot by 120 sq.ft. for the purposes of constructing a minor addition. Ms. Lytle informed Commission the applicant is proposing to add on to the existing two story structure by enlarging the master bedroom, dressing area, family room, fireplace and bedroom, noting the existing residence is legally non- conforming with respect to the declining height envelope and MDA. Staff recommends that the Planning Commission approve the variance request to exceed the declining height envelope and Maximum Development Area requirements for the proposed addition, based on the findings as supported in the July 16, 1987 Staff Report. The Public Hearing was then opened. Mr. Eric Richert, Architect, informed the Planning Commission that the Staff Report summarizes evidence adequately and hopes the Commission will approve the variance requested. k Planning Commission Minutes - July 22, 1987 fiW Page Six The Public Hearing was then closed, and Commissioners reviewed the required findings for granting of a variance subject to Municipal Code Section 10-1.1107 (b). MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Emling and passed unanimously to approve the Lands of Elliott, File #VAR 13-87, 27089 Taaffe Road, to allow construction of a minor addition to encroach into the declining height envelope by a maximum of 7', and to exceed the existing non -conforming development area for the lot by 120 sq.ft., subject to the required findings of Municipal Code Section 10-1.1107 (b) as listed in the July 16, 1987 Staff Report. 3. Lands of Zubiller, File #VAR 7-86, 11655 Jessica Lane, Request for approval of Variance to allow the retention of pillars constructed without permit, and construction of fence on the street side of the reference line, in excess of the allowed maximum height. Ms. Lytle referred to Staff Report dated July 17, 1987, informing Commission this is a public hearing to consider a variance to allow the retention of pillars constructed without permit, and construction of a fence on the street side of the reference line defined in Municipal Code Section 10-1.504 (d)1, and in excess of the maximum height allowed for fences along roadways. Ms. Lytle informed Commission the applicant received zoning approval for a fence with conditions that it be 3' in height and 30' from the centerline of the right-of-way, in July 1983, noting the plans received site development permit in August 1983, and a violation of the ordinance and permit was noticed in October 1985 and a stop work was placed on the property. Staff recommends that the Planning Commission deny the variance request to encroach beyond the "reference line" and to exceed the maximum height allowed for fences along roadways, based on an inability to make the required findings of Municipal Code Section 10-1.1107 (b). Commissioners questioned if there has been a driveway modification to this property since it received Site Development Permit. Mr. Enright informed Commission the applicant received a Site Development Permit Modification for the driveway revision. The Public hearing was then opened. Planning Commission Minutes - July 22, 1987 Page Seven Mr. Rudy Zubiller, 11655 Jessica Lane, referred to July 18, 1987 letter to Planning Commissioners noting that drawings previously were submitted to the Town and he had thought he received approvals for fence and pillars, informing Commission that his contractor abandoned the project 6 months prior to completion and he has no way of verifying what happened at that time, asking Commission to approve the Variance requested, as it would be a financial burden to remove and reinstall the fence system, and if placed as per the wall and fence ordinance existing the fence would not provide the safety barrier that was part of the original design. The Public Hearing was then closed. Commissioners and Mr. Zubiller discussed the height and location of the proposed fence and pillars, lighting and off-site screening of the light source. Commissioners indicated that the lighting should be shielded from off-site and roadway views, noting the lighting should be moved from off the top of the pillars to the inside, thereby reducing the ultimate height of the pillars as well and eliminating some of the light source. With regard to the safety issue, perhaps boulders could be installed along the road right-of-way to prevent any cars from entering property. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Emling and `. passed by the following roll call vote to Deny the Lands of Zubiller, File #VAR 7-86, 11655 Jessica Lane to encroach beyond the "reference line" and to exceed the maximum height allowed for fences along roadways, based on an inability to make the required findings per Municipal Code Section 10- 1.1107 (b). ROLL CALL: AYES: Commissioners Carico, Emling, Kaufman, Patmore, Struthers and Stutz NOES: Chairman Yanez ABSENT: None NEW BUSINESS: Letters to and from Roger and Joelle Burnell, 27911 Black Mountain Road, (Mayor Tryon - July 6, 1987) regarding monuments and pillars kw t. Planning Commission Minutes - July 22, 1987 �r Page Eight Ms. Lytle referred to Staff Report dated July 17, 1987, informing Commissioners monuments and pillars are treated as fences in issuing permits, noting this is because fences are the only structures allowed within setback areas, other than flat work, as with all structures, staff measures the height to the top of the structure, or any portion thereof, unless specifically excluded by ordinance. Ms. Lytle noted while the current ordinance does not encourage monuments, staff's understanding is that they are not generally viewed by the members of the Site Development Committee as desirable along roadways throughout the community because they detract from the rural and open atmosphere. Ms. Lytle indicated that if the feeling of the Planning Commission is not as stated above, it would be useful to reach a policy consensus on monuments and pillars for future implementation by staff, noting that Mayor Tryon has requested that we focus on the "height" issue in this request, and not the "light" issue. Staff recommends that our ordinances and policies not be further complicated with exceptions, such as the one Mayor Tryon has requested staff to consider, unless it is determined to be a reasonable and desirable change by the Commission or Council. Commissioners and staff discussed lights on pillars, with regard to safety issues, best location of the lights within (on side or below) the pillars and shielded from off-site views and roadways, and addressed the height of pillars which shall include the light fixture if placed on top of pillar. Mr. Enright suggested that perhaps each application be handled separately, as in some cases some properties have a lot of space between the reference line and the street and some do not, could be handled on a case to case basis, also noting a pillar for mailbox can be no more than 18" square without permits. Ms. Lytle noted the consensus of Commissioners seems to be to keep ordinance and policy as they are: to include lighting in the total height of the pillar and to recommend use of low wattage lighting and that the light source be shielded from off-site and roadways and suggested that in the design booklet the Town will be preparing we could insert a diagram of pillars with lighting. Commissioner Patmore requested that the staff investigate the list of pillars provided by Mr. Zubiller to see if they've obtained permits, and if there are in violation of ordinance. Ms. Lytle informed Commissioners that staff will investigate and return to Commission with a report as well as informing Mr. Zubiller of the results. AWnning Commission Minutes - July 22, 1987 Page Nine H. OLD BUSINESS: Report on Hidden Villa Board of Directors Meeting - Commissioner Emling Commissioner Emling reported to the Commission of the Board of Directors meeting on July 16, 1987, informing Commission there were 42 citizens and 3 Planning Commissioners (Emling, Patmore and Struthers) in attendance. Commissioner Emling noted the meeting started at the lower field area where the Board of Directors had staked out the interpretive center (2,400 sq.ft. to be designed to look like a barn structure), and then we moved up to the Duveneck house, where we could ask questions with regard to traffic, parking and the need for the interpretive center. Commissioner Emling indicated there is to be a public hearing on September 9, 1987 and no other Board of Directors meeting scheduled prior to that date. Ms. Lytle informed Commisioners that Mrs. Ann Smith telephoned to say that they are going to ask for another extension. Councilwoman van Tamelen informed Commissioners that Councilwoman Dronkert has been appointed to the Hidden Villa Subcommittee and shall be attending ,any of the scheduled meetings, and that she should be informed of all information and meeting dates, noting van Tamelen is the alternate. 2. Commissioner Patmore questioned an item on the last City Council Agenda with regard to the Currie Subdivision for acceptance of the Final Map, asking if all the Conditions of Approval of the Tentative Map had been met, with regard to sound measurements. Mr. Enright informed Commissioner Patmore and other Commissioners that the location of the measurements is to the satisfaction of the City Engineer, and that the conditions did not indicate a new measurement had to be taken, noting staff took a more restrictive line. Chairman Yanez requested that this item not be discussed without a report prepared by the Staff, suggesting this item be continued to allow staff to review further and return to the Commission with a report. Commissioner Patmore indicated she wants to know prior to recordation of the final map. 3. Commissioner Struthers informed Commission that she, Councilman Siegel and Ms. Lytle attended the ABAG meeting in Oakland last Thursday. Ms. Lytle noted the speaker was Dan Curtin noting it was a very good seminar, main topics of discussion were: 1) Lutheren Church decision, noting this decision alone will not have a lot of direct ramifications so long as we allow reasonable use of property; 2) Coastal Commission decision, noting some relation between the dedication and General Plan goals, noting we must have findings to back-up our requests, i.e., dedication of pathways, must be shown on the Master Pathway Plan. Ms. ( Lytle stressed the importance of supporting all requested dedications �W with findings, must have better documentation. 4. Planning Commission Minutes - July 22, 1987 Page Ten 4. Chairman Yanez reminded Commissioners of the Joint Study Session with the City Council on Thursday, July 23rd at 4:00 P.M. with adgendized items: Quarry Hills Development and Variance Processing. 5. Chairman Yanez informed Commissioners that he requested attendance by Commissioners to the rural aesthetic conference in San Luis Obisbo noting City Council will look into the request and let us know if attendance is feasible. I I I. ADJOURNMENT: There being no further new or old busisness, the meeting was adjourned at 10:30 p.m. Respectfully submitted, Leslie Mullins Planning Technician