HomeMy WebLinkAbout10/09/1987PLANNING COMMISSION
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
Wednesday, September 9, 1987
Reel 130, Side II, Tract I, 560 -End; Side I, Tract II, 000-341
Chairman Yanez 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 Carico, Emling (arrived 7:47 p.m.), Kaufman,
Patmore, Struthers, Stutz and Chairman Yanez
Absent: None
Staff: Bill Ekern, Director of Public Works; Nancy Lytle, Town Planner;
Leslie Mullins, Secretary
City Council Representative: Councilwoman van Tamelen
B. CONSENT CALENDAR:
4 Item Removed - B.1 (Carico)
Commissioner Carico requested the minutes of August 26, 1987, on page
five, last paragraph, be amended to show roll call vote: AYES: to show
Yanez; and NOES: to show Carico
MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Carico and
passed by the following roll call vote, to approve the Consent Calendar,
specifically: 1. Approval of Minutes - August 26, 1987 as amended; and
2. Setting Public Hearings for September 23, 1987: a) Lands of White,
24970 O'Keefe Lane; b) Lands of Chan, File #VAR 16-87; c) Lands of
Lumbard, File #VAR 18-87; d) Lands of Stinson, File #VAR 14-87.
ROLL CALL:
AYES: Commissioners Carico, Kaufman, Patmore, Stutz and Yanez
NOES: None
ABSTAIN: Commissioner Struthers from Minutes
ABSENT: Commissioner Emling
C. REPORT FROM CITY COUNCIL MEETING OF SEPTEMBER 2, 1987:
Commissioner Stutz reported the City Council approved appeal for Mr.
Zubiller on Jessica Lane for fence and pillars, noting Councilwoman
Dronkert indicated that lights on top of pillars should not be counted in
height; R -1-A Zoning Overlay public hearing for Ordinance was set for next
4 meeting; Bill Ekern appointed as Director of Public Works, Commissioners
extended their congratulations; abatement of fence on Sherlock Road for
Sturm was continued to future agenda; request made by Councilwoman
( Dronkert to have City Council meetings back to 7:30 p.m., rather than
kAr 7:00, will be agendized for later meeting.
D. REPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF SEPTEMBER 1, 1987 AND
SEPTEMBER 8, 1987:
Commissioner Patmore reported the Site Development Committee on September
1st, approved new residence (re -design) for Tam on Saddle Mountain Dr.,
noting concerns were raised over possible future subdivision on the
subject property, informing Commission this would be clarified within the
Site Development letter; and approved addition for McNaul on Byrne Park
Lane.
Commissioner Carico reported the Site Development Committee on September
8th, approved new residence and pool for Owen on Lot #1 Carrington Circle;
approved pool on Lot #4 for Owen on Carrington Circle.
PRESENTATIONS FROM THE FLOOR:
PUBLIC HEARINGS:
Lands of Elvin/Alepin, File #PM 3-87, 11910 and 11920 Rhus Ridge Road,
Request for Lot Line Adjustment
Mr. Ekern informed Commission the
Staff Report dated September 3, 1987
addresses all issues relating to the
Lot Line Adjustment, noting he is
available to answer any questions
by Commissioners.
The Public Hearing was then opened
and closed with no one speaking for or
against this item.
MOTION SECONDED AND CARRIED: Moved
by Kaufman, seconded by Patmore and
passed
unanimously to approve the
Lot Line Adjustment for Elvin/Alepin,
File #PM 3-87, 11910 & 11920 Rhus
Ridge Road, as shown on the subject Lot
Line Adjustment Map and as ordered
by the Court.
2. Lands of Town of Los Altos Hills,
File #VAR 23-87, 27400 Purissima
Road, Request for Variance to
construct six foot (61) chain link fence
on the reference line of Purissima
Road
Mr. Ekern informed Commission the
Staff Report dated September 3, 1987
addresses all issues relating to the Variance request, noting he is
available to answer any questions
by the Commissioners.
Commissioner Carico questioned if
any drainage work is planned to be done
in conjunction with this permit?
Mr. Ekern informed Commissioners with
this application the Town is not proposing any drainage work, but noted we
are looking into future possibilities of extending the drainage channel.
Commissioner Struthers questioned
if we can request landscaping? and
4W
requested that the pathway not be
jeopordized with the installation of the
fence. Mr. Ekern indicated at the time of review by the Site Development
Administrator landscaping will be requested, noting the Town will provide
( a Landscape Plan of the corporation yard to the Planning Commission for
their review. Mr. Ekern noted with regard to the pathway, the proposed
fence will not interfere, and indicated that a mirror is to be installed
on utility pole for site distance for horse riders, etc.
The Public Hearing was then opened and closed with no one speaking for or
against this item.
MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Patmore and
passed unanimously to approve the Lands of Town of Los Altos Hills, File
#VAR 23-87, 27400 Purissima Road, for a six foot (61) chain link fence
with redwood slates on the reference line of Purissima Road, subject to
findings as stated in the September 3, 1987 Staff Report and note to
include a review of a landscape plan by the Planning Commission with
regard to issuance of Site Development Permit for the fence.
3. Lands of Duncan, Lot #4, Berry Hill Court, Request for Site
Development Permit approval for New Residence, Tennis Court and
Swimming Pool
As the applicant was not yet present the Commission moved this item to end
of public hearings.
MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Yanez and
passed unanimously to table Lands of Duncan Site Development Permit and
4 bring up at end of Public Hearings.
4. Lands of Lo, File #CUP 4-87, 12020 Green Hills Court, Request for
Conditional Use Permit to allow for Secondary Dwelling Unit
Ms. Lytle referred to Staff Report dated September 4, 1987 informing
Commission this is a request to convert an existing garage into a pool
cabana, including a toilet and wet bar. Staff recommends that the
Planning Commission approve the subject Conditional Use Permit for
secondary dwelling unit as all necessary findings required for granting of
Conditional Use Permit in Municipal Code Section 10-1.1107 (a) can be met,
subject to Conditions of Approval as attached to the September 4, 1987
Staff Report.
The Public Hearing was then opened.
Mr. Mike Dillon, Landscape Architect, questioned condition # 7, relating
to execution of CUP within one year, asking what if the construction is
not completed. Ms. Lytle recommended that the condition remain, and if at
a later date the applicant finds they need more time an extension may be
granted.
The Public Hearing was then closed.
Commissioner Patmore commented that she feels that Conditional Use Permits
should be handled through the Site Development Committee.
MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Carico and
passed unanimously to approve the Lands of Lo, File #CUP 4-87, 12020 Green
L Hills Court for Secondary Dwelling Unit subject to Conditions of Approval
�r as listed in the September 4, 1987 Staff Report.
5. Lands of Mo, File #VAR 17-87, 2121 Old Page Mill Road (Linda Lane),
Request for Variance to encroach into the declining height envelope
for the purposes of constructing a Major Second Story Addition
Ms. Lytle referred to Staff Report dated September 4, 1987, informing
Commission this is a public hearing to consider a variance request to
encroach into the declining height envelope by a maximum of six feet on
the westerly side and four and 1/2 feet on the easterly side of the
residence for the purposes of constructing a second story addition. Ms.
Lytle informed Commission that the existing second story is apparently
illegal, noting in 1980 a variance was applied for and not obtained by the
past owners, noting however the records are very unclear as to actions
taken with regard to enforcement. Ms. Lytle described the subject lot in
terms of zoning requirements, and recommended that the Planning Commission
deny the subject variance request to encroach into the declining height
envelope as staff is unable to support the necessary findings of Municipal
Code Section 10-1.1107 (b) for granting of a variance, as referred to in
September 4, 1987 Staff Report. Ms. Lytle further noted that the matter
of illegal grading was heard by the Site Development Committee and has
been issued a building permit.
The Public Hearing was then opened.
kmw Mr. Scott Cunningham, Designer, informed Commission that they have checked
the records at City Hall, and find a permit issued for addition in
November 1980, requesting that the Commission approve the subject variance
for reasons as stated in their variance application.
Commissioner Kaufman informed Commissioners and applicant a more
appropriate addition to this residence would be first floor addition, it
could go more around the back towards pool still leaving room for lawn,
noting second story is not correct for this site - too bulky.
Mr. Cunningham informed Commission even with a first floor addition, we
would still need a variance.
Mr. Eric Spangenberg, 2100 Old Page Mill Road, Presented Planning
Commission with a petition signed by surrounding neighbors in opposition
to granting of the variance for second story addition due to the aesthetic
nature of the existing neighborhood as it now provides an excellent living
condition for children and family, and with the granting of such variance
would not be in harmony with these conditions. Mr. Spangenberg referred
to the variance request heard by the Planning Commission in 1980, and to
existing CC&R's for the area referring to limits on second story
additions.
Mrs. Ruth Spangenberg, 2100 Old Page Mill Road, requested that the
Planning Commission not approve the requested variance as it is not in
keeping with the existing neighborhood, and raised concerns over death of
trees on her property which were caused by past owners, noting a second
story addition will not be as easily screened with the lack of plantings.
Mrs. Burke, 2112 Old Page Mill Road, raised concerns over their privacy if
a second story addition were to be approved and questioned time frames for
construction.
Mr. Cunningham informed Commissioners and neighbors that Mr. Mo if granted
the Variance would as part of the construction install landscape screening
to mitigate the structure from the neighbors views.
Mr. Yoke Mo, 2121 Old Page Mill Road, informed Commission that he checked
with Town Hall as to any restrictions against building a second story, and
was informed there is a 27' height limit and building height envelope
restrictions, and reviewed the Town Newsletter regarding development in
the Town, noting they had plans prepared showed them to the neighbors,
indicating that Mrs. Spangenberg reviewed the plans and requested that the
windows on the side of the addition which faced her property be removed,
noting we did remove the windows and proceeded with the variance
application based on no comments of objection from the neighbors. Mr. Mo
requested approval of the variance application.
Ms. Lytle informed applicant and Commission the declining height envelope
ordinance has been in effect since 1981 and was not included in the
Newsletter which Mr. Mo was referring to, as it was already in existence.
The Public Hearing was then closed.
Commissioner Kaufman indicated that the proposed variance request does not
meet the variance findings as required in Municipal Code Section 10-1.1107
(b), noting the proposal is not appropriate to the existing neighborhood.
Commissioner Stutz indicated that before she could vote on a variance, the
plans for this proposal would need to be corrected, to show driveway
access from the front to the back of the property, fencing, swimming pool,
fir tree, redwoods and pepper trees, suggesting it might be a good idea to
tear down the carport and second story addition and begin again from that
point.
Commissioner Carico indicated that she could not support a second story
addition in this neighborhood as it is not in keeping the existing
development.
Chairman Yanez indicated he could not approve a variance which would make
the property even more non -conforming, and as it does not conform with the
existing neighborhood, suggesting the structure be torn down and replaced
to keep in conformance with zoning ordinances.
Commissioner Struthers indicated that there are several lots in Town which
are difficult configuration and have been built on without variances,
suggesting that the applicant re -design to keep in conformance with zoning
ordinances.
MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Stutz and
passed unanimously to Deny the Lands of Mo, File #VAR 17-87, 2121 Old Page
Mill Road, based on inability to make required findings per Municipal Code
Section 10-1.1107 (b).
kw 3. Lands of Duncan, Lot #4, Berry Hill Court, Request for Site
Development Permit for New Residence, Swimming Pool and Tennis Court
Mr. Ekern informed Commission the Staff Report dated September 3, 1987
addresses all issues relating to the requested Site Development Permit for
new residence, tennis court and swimming pool, noting he is available to
answer any questions by the Commission.
The Public Hearing was then opened.
Mr. Alan Lambert, President - Gerard Homes, brought in design concepts and
color transparencies of the proposal, noting this is basically a one story
residence with a portion of second story which will be well landscaped and
screened, informing Commission the applicant wishes to receive approval
for all amenities at this time for construction. Mr. Lambert informed
commissioners the configuration of the driveway is designed for drainage
purposes.
Mr. Lorin Nelson, Vice -President - Gerard Homes, informed Commissioners of
the proposed cut and fill amounts for the retaining walls and tennis
court.
Mr. Robert Duncan, Owner, informed Commission he and his wife are new to
the area, and chose Los Altos Hills as it is the most beautiful area in
the Bay Area, noting we expressed our wishes and needs to Mr. Lambert and
he has designed this property the way we want it and will enjoy it.
Prefer that the structure be low in profile and set back against the
hillside, noting the location of residence is for privacy. Mr. Duncan
informed Commissioners that they intend to fully landscape the property
with mature trees. With regard to the color of the residence, Mr. Duncan
informed Commissioners they prefer sand color and tile to be soft tones.
Commissioners questioned if the applicant has been informed of
restrictions within the Conservation Easement. Mr. Lambert indicated yes
they have.
The Public Hearing was then closed.
MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Patmore and
passed unanimously to approve the Site Development Permit for the Lands of
Duncan, Lot #4, Berry Hill Court, for New Residence, Tennis Court and
Swimming Pool, subject to Conditions of Approval as listed in the
September 3, 1987 Staff Report and with the addition of new Condition #8
to read as follows: No tree removal shall be allowed within the
Conservation Easement. Pathway shall be restored prior to final
inspection of building permit.
G. NEW BUSINESS:
1. Letter from Jewish Community Relations Council regarding High Holidays
Schedule
Passed by Consensus that if there is a request to continue an item from
( the Agenda it shall be re -scheduled, if not the next Planning Commission
�r meeting will be September 23, 1987.
2. Location of Site Development Committee Meetings
Chairman Yanez informed staff and commissioners there has been concern
raised over the location of the Site Development Committee Meetings on
Tuesday afternoons, noting would it be possible to relocate to the City
Council Chambers or Conference Room to better accommodate the need for
reviewing files in the office, requesting Staff prepare a written report
for review at the next meeting.
3. Hidden Villa
Chairman Yanez requested staff prepare a response on the letter received
from Hidden Villa, and requested to direct staff to prepare a report on
the status of their project. Ms. Lytle indicated that this matter should
be handled by the Hidden Villa Subcommittee which was previously appointed
and address reports to the City Council for their review and approval
prior to any correspondence going out. Commissioner Struthers will report
at the next meeting.
H. OLD BUSINESS:
1. Verbal Report on Pillars - Nancy Lytle
Ms. Lytle informed Commission that based on Zubiller's letter which was
included in his variance request regarding existing pillars, informing
Commission that 1/2 of the pillars researched were installed prior to the
wall and fence ordinance; others were done in conformance with ordinance
and had obtained permits; others were mailboxes within the right-of-way
(especially in Dawson Subdivision); and the other half we did not have any
record of. Ms. Lytle informed Commission that the City Council did not
feel staff should spend any more research time on this item.
Commissioners questioned why the City Council approved Mr. Zubiller's
appeal?
Councilwoman van Tamelen indicated that she voted against as well as
Councilman Plummer. Commissioner Carico questioned Councilwoman
Dronkert's comment on lights. Ms. Lytle indicated that the only
structures allowed in setback are fences, noting staff counts lighting
towards the height of the structure if placed on top.
2. Chairman Yanez reviewed his attendance to the Aesthetics Conference
and will provide a written report to the Commission at a later date.
I. ADJOURNMENT:
There being no further new or old busisness, the meeting was adjourned
L at 10:10 p.m.
Respectfully submitted,
Leslie Mullins
Planning Technician