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HomeMy WebLinkAbout08/26/1987No PLANNING COMMISSION TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday, August 26, 1987 I Reel 130, Side Ii, Tract I, 000-560 Chairman Yanez called the meeting to order at 7:36 P.M. in the Town Hall Council Chambers. i A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Carico, Emling, Kaufman, Patmore, Stutz, and Chairman Yanez Absent: Commissioner Struthers Staff: William Ekern, Acting Director of Public Works, Nancy Lytle, Town Planner, Leslie Mullins, Secretary City Council Representative: None B. CONSENT CALENDAR: Item Removed - B.1 (Kaufman & Stutz) (Commissioner Kaufman requested the minutes of August 12, 1987 on page 3, 16, last paragraph be amended to include the following: "Commissioner Kaufman noted that he recommended the Floor Area be within the 3,000 - 3,500 sq.ft. range for the subject property". Commissioner Stutz requested the minutes of August 12, 1987 on page 7, first paragraph, last sentence be amended to include the following: "...approximately 27', and reduced to 22'..." MOTION SECONDED AND CARRIED: Moved by Stutz, seconded by Patmore and passed by the following roll call vote to approve the minutes of August 12, 1987 as amended. ROLL CALL: AYES: Commissioners Emling, Kaufman, Patmore, and Stutz NOES: None ABSTAIN: Commissioners Carico and Yanez MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Patmore and passed unanimously to approve the remainder of the Consent Calendar, specifically: B.2. Setting Public Hearings for September 9, 1987: a. Lands of Town of Los Altos Hills, File #VAR 23-87, 27400 Purissima Road, Variance to allow fence at Town's Corporation Yard Lands of Alepin/Elvin, Lot Line Adjustment, Rhus Ridge Road �c. Lands of Duncan, Berry Hill Court, Site Development Permit for New Residence, Tennis Court and Swimming Pool Lands of Lo, File #CUP 4-87, 12020 Green Hills Court, Conditional Use Permit for Secondary Dwelling Unit (Cabana) Lands of Mo, File #VAR 17-87, 2121 Linda Lane, Variance for Addition/ Remodel to encroach into declining height envelope C. REPORT FROM CITY COUNCIL MEETING OF AUGUST 19, 1987: Commissioner Patmore reported the City Council determined that the Nuisance Complaint regarding the Voros Property on Page Mill Road, for a barbed wire fence is not a public nuisance; approved a reduction in fees for Variance application for Mariani on Camino Hermoso for a fence and gate; discussed the allowed number of horses on properties in Los Altos Hills and was continued to allow comment from the Horsemen's Association; discussed Matadero Creek Subdivision with regard to allowed floor area and development area, noting this item has been placed on the Work Program; and staff directed to send a letter dated August 13, 1987 from the Town Planner to the Santa Clara County Planning Department requesting a time extension to comment on the Notice of Preparation for the Stanford Use Permit draft Environmental Impact Report. ). REPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF AUGUST 18, 1987 AND 4 AUGUST 25, 1987: Commissioner Stutz reported the Site Development Committee on August 18, 1987 approved new residence on Gigli Court for Jaiswal subject to meeting conditions as recommended by Town Geologist; approved planting plan for Cole on Fremont Road; approved garage on Dianne Drive for Clement which earlier had received a variance approval by the Planning Commission; and continued an item for Lo on Green Hills Court for addition, sports court for further review by the Environmental Design Committee and application with regard to existing oak trees. Commissioner Carico reported the Site Development Committee on August 25, 1987 voted to approve landscape plan for Pickett on Bella Ladera with much concern over the existing and new retaining walls on site which have been painted white; approved landscape plan for Thompson on Bentley Court; approved landscape plan for Pan Cal Lot #2, Arastradero Road, Carico noted concern over Site Development Committee setting the amount of landscape bonds for landscape plan approval without some type of guidelines to use at the Committee Meeting; approved New Residence for Cox on Vista Serena; approved swimming pool and landscape plan for Anderson/Lee on Fernhill Drive, noting the City Council granted the applicant approval to exceed the allowed development area for the subject lot without a variance. Staff informed Commission that the applicant had received a Real Estate Review of the subject property in May 1986 prior to the changes to the zoning ordinance in November 1986, noting the applicant indicated that the -2- real estate review letter was relied upon to verify the builders representatives that a proposed swimming pool and patio site could be constructed prior to closing of the sale of the subject property. Staff informed Commissioners the stated reasons for the requested relief of the t .current zoning ordinances to the City Council from the applicant were not related to exceptional or extraordinary circumstances or conditions of the property, also the reasons for the requested relief relate to issues of equity and derive from the applicant's belief that the Town did not adequately inform them of the potential change in ordinances and that the Town actually misled them with the real estate review letter, thereby determining that the variance process would not be applicable in this case. Staff informed Commissioners, it was therefore determined by the City Council to approve additional development area (3,191 sq.ft.) for swimming pool and landscaping for the subject property based on information provided. Chairman Yanez requested that staff investigate some type of guidelines for the Site Development Committee to use when reviewing Landscape Plans for establishing the bond amount. Ms. Lytle informed Commission that whether the impact of the structure is major or minor is to be determined by the Site Development Committee, and if the Committee is not sure at the meeting, they may continue the item and request the applicant to provide an estimate of cost for the landscaping shown on their landscape plan in order to determine the bond amount. Commissioners questioned the walls referred to in Commissioner Carico's report on the Pickett property on Bella Ladera, asking how high, how long and what provisions were made for mitigation. Mr. Ekern informed Commission that the residence and existing walls were painted white, and the Site Development Committee gave him permission to continue this 4 concept throughout the project when he came through with his request for Swimming Pool, noting that the Committee felt that with adequate plantings the wall would be screened from off-site views of roadway and adjacent properties. Mr. Ekern further noted that the Town does not have an ordinance or process in which to have someone repaint their existing house or amenities, noting there was no attendance by neighbors at the Site Development Committee to address any concerns of the subject project. PRESENTATIONS FROM THE FLOOR: F. PUBLIC HEARINGS: Y 1. Lands of Bavor, File #CUP 3-87, 13816 Page Mill Road, Conditional Use Permit and Site Development Permit for construction of garage with guest quarters Ms. Lytle referred to Staff Report dated August 17, 1987 informing Commission the application is for a Conditional Use Permit to allow a garage and attached guest quarters, noting the garage is of sufficient size to accomodate 4 cars with tandem parking, approximately 968 sq.ft.; and guest quarters are proposed to be approximately 375 sq.ft., which is in conformance with the 600 sq.ft. allowance for an attached secondary dwelling unit. Staff recommends that the findings in Municipal Code Section 10-1.1107 (a) which are necessary to grant a Conditional Use -3- Permit can be made, recommending that the Planning Commission adopt a motion to approve the subject Conditional Use Permit subject to the Conditions of Approval as attached to the August 17, 1987 Staff Report. [ Mr. Ekern referred to Staff Report dated August 20, 1967 informing �✓ Commission of the recommended Site Development Conditions of Approval for / the subject garage and guest quarters, as attached to the August 20, 1987 Staff Report. 1 Commissioner Patmore raised concern over Condition #9 of the Conditional Use Permit Conditions of Approval, requesting that the condition be modified to review the Conditional Use Permit only when a complaint is received or upon sale or transfer of the property, noting the annual review for compliance by staff and review by Planning Commission every three years is unnecessary. Ms. Lytle informed Commission she has no problem with the process as it exists, and would like to see that all Conditional Use Permits for secondary dwelling units are handled consistently. Ms. Lytle indicated that all the second unit Conditional Use Permit reviews could be scheduled for the same meeting, noting if the Commission forsees that there could be a problem with this process, they could make a recommendation to the City Council to modify. Commissioners questioned the location in the Site Development Conditions of Commission the bold line shown on the further noting the triangle piece of The Public Hearing was then opened. of the road right-of-way referred to Approval. Mr. Ekern informed site plans is the road right-of-way, property is a separate parcel. Mrs. Nancy Bavor, 13816 Page Mill Road, informed Commissioners that the `y triagle piece of property allows residents to park off of the roadway to get their mail, asking the Commission to approve the Conditional Use Permit and Site Development Permit subject to the Conditions of Approval as outlined in the Staff Reports. The Public Hearing was then closed. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Emling and passed unanimously to approve the Lands of Bavor, Conditional Use Permit for garage and guest quarters, File #CUP 3-87, 13816 Page Mill Road, subject to Conditions of Approval as listed in the August 17, 1987 Staff Report. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Patmore and passed unanimously to approve the Lands of Bavor, Site Development Permit, to construct a garage and guest quarters, subject to Conditions of Approval as attached to the August 20, 1987 Staff Report, with amendment to Condition #7, to remove "that at least". 2. Ordinance No. amending Chapter 1 entitled "Zoning" of the Los Altos Hills Municipal Code by amending the following sections: Section 10- 1.223 concerning the definition of Floor Area; Section 10-1.703 Conditional Uses Allowed; Section 10-1.1103 relating to variances; Section 10-1.1107 (1) concerning variance findings and conditions; ae Sections 10-1.1108, 10-1.1109 and 10-1.1111 relating to effective dates of actions, appeals and effect of denial on resubmission Ms. Lytle informed Planning Commission that the Commission has already held the public hearing on the subject zoning ordinance amendments, indicating staff recommends the Planning Commission recommend to the City Council adoption of Negative Declaration and Draft Zoning Ordinance as attached to the August 21, 1987 Staff Report. The Public Hearing was opened and closed with no one speaking for or against this item. Chairman Yanez requested that on page five, regarding administrative variances, we should include Item #4, Fences, indicating that $1,500 is too much for their processing. Chairman Yanez further indicated that staff should give Commission a definition of final wording for fences, with regard to location, height, length, openness or closeness. Ms. Lytle indicated that a major reason that this item was referred to the Planning Commission from the City Council was because they were receiving many requests for waivers of fees for variance applications, noting staff has no problem with fences being included in administrative processing, and will refer the variance to the full Planning Commission if there is concern. Commissioner Kaufman questioned how will administrative variances for fences be determined, by fence height or location? Commissioner Patmore indicated administrative review should be only for fences located on the road side of the reference line, and not for fence height. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Patmore and passed unanimously to amend page five of the proposed zoning ordinance 4, amendments as follows: 1) Add new Section D.4. to include Fences - requests for fence location on roadway side of reference line, per Municipal Code Section 10-1.504 (d); 2) Amend E.2. from less to more; and 3) Amend E.3. from less to more. Commissioners and staff discussed the intent of the purpose statement as written on page four. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Stutz, and passed by the following roll call vote to recommend adoption of a Negative Declaration and adoption of the Draft Zoning Ordinance Amendment as amended by the Planning Commission to the City Council. ROLL CALL: AYES: Commissioners Carico, Emling, Kaufman, Patmore, Stutz NOES: Chairman Yanez ABSENT: Commissioner Struthers NEW BUSINESS: 1. Lands of Wickman, Abandonment of Burke Road and Sunset Way Right -of - Way Mr. Ekern referred to Staff Report dated August 25, 1987 informing Planning Commission that the present owners of 13190 Burke Road (Wickmans) -5- are requesting abandonment of Burke Road and Sunset Way where the rights- of-way are within the gross area of the lot, noting they are proposing to offer easements for ingress/egress for those lots presently served by the portions of those roads. Mr. Ekern indicated the properties which could be affected by the abandonments would continue to be served with legal access, noting the abandonment will not affect future development of a roadway within that right-of-way therefore there would be no appreciable loss of future access. Mr. Ekern further indicated that the Wickman property has an average slope in excess of 35%, noting this property in order to be subdivided would have to be more than 4.5 acres, noting it is only 3.1 gross arces. Mr. Ekern also noted that both of these sections of Burke and Sunset are private roadways, the public has no dedicated access to either one since the subdivision occurred in 1911, consequently, the impact on the public of this abandonment would appear to be minimal or non-existant, recommending that the Planning Commission recommend approval of the requested abandonment to the City Council. Commissioners requested a location of the rights-of-way to be abandoned. Commissioner Stutz noted that at the City Council meeting it was mentioned that the Fire Department may wish access through East and West Sunset, also noting the need for pathway over an emergency access easement in this location would be very desirable. Mr. John Wickman, 10565 Meteor Place, Cupertino, informed Commission one of the reasons for this request is that the abandonment of the rights-of- way will increase the Lot Unit Factor of the lot, thereby increasing the allowed development area, requesting the Commission recommend approval of the abandonment to the City Council. MOTION SECONDED AND CARRIED: Moved by Stutz, seconded by Kaufman and passed unanimously to recommend to the City Council adoption of Resolution abandoning the road rights -o£ -way for Burke and Sunset Roads at 13190 Burke Road (Wickman Property), with condition to include a Fire Emergency Access Easement connection between East and West Sunset Roads, with a pathway easement over the Emergency Access Easement. H. OLD BUSINESS: Commissioner Patmore requested clarification of the Vidovich application Ms. Lytle informed Commissioners that a meeting has been scheduled this week with EIP Associates and Mr. Vidovich to review alternatives for the subject application. Commissioner Patmore questioned if Vidovich would be withdrawing his Vesting Tentative Map now on file? Ms. Lytle indicated she assumes Mr. Vidovich will come in with a new plan, informing Commissioners that the applicant would like some idea of the development potential for this property, noting an outline of constraints has been addressed, but the potential is still vague. With regard to the horse barn on the subject property, Ms. Lytle informed Commissioners that Mr. Vidovich has stated he is trying to be a good neighbor, noting he has indicated he contacted the County Health Department for their review into the horse stables, noting she is not clear on his motivation on this matter. Commissioners questioned if the 24 acres below has yet come into the Town? Ms. Lytle indicated engineers for Daiwa house have been in to discuss their application, but as yet there is no formal submittal. 2. Commissioner Kaufman requested an alternate to attend Site Development Committee Meeting on the 15th. Commissioner Stutz indicated she could attend I. ADJOURNMENT: There being no further new or old busisness, the meeting was adjourned at 9:15 p.m. Respectfully submitted, Leslie Mullins Planning Technician -7-