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HomeMy WebLinkAbout10/28/1987PLANNING COMMISSION TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday, October 28, 1987 Reel 131, Side II, Tract I, 350 -End Acting Chairman Kaufman called the meeting to order at 7:32 P.M. in the Town Hall Council Chambers. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Emling (arrived 8:00 p.m.), Kaufman, Patmore, Struthers, Stutz, and Chairman Yanez (arrived 7:37 p.m.) Absent: Commissioner Carico Staff: Bill Ekern, Director of Public Works; Nancy Lytle, Town Planner; Leslie Mullins, Secretary City Council Representative: None B. CONSENT CALENDAR: MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Struthers and passed unanimously to approve the Consent Calendar, specifically: 1. Approval of Minutes - October 14, 1987 2. Setting Public Hearings for Thursday, November 12, 1987: a. Lands of Wong, File #VAR 25-87, 11675 Dawson Drive b. Lands of Nam, File #VAR 26-87, 25194 La Rena Lane c. Lands of Owen Homes, Altamont Road, Site Develoment Permit for New Residence and Swimming Pool d. Lands of Vidinsky, 24250 Hillview Road, Appeal of Site Development Conditions Chairman Yanez abstained from approval of minutes of October 14, 1987 as he was not present. C. REPORT FROM CITY COUNCIL MEETING OF OCTOBER 21, 1987_ Commissioner Kaufman reported the City Council on October 21, 1987 con- curred with approval of variance for Hughes/Giles on Saddle Court; adopted resolution setting fees on septic systems; resolution on solid waste deferred; ordinance setting time of City Council meetings deferred; letter received from San Antonio Hills for Annexation to the Town; approved Planning Commission Minutes - October 28, 1987 Page Two waiver of zoning and administrative site development fees for resident; City Attorney reported on bicycles in single file on Page Mill and Moody Roads; Mayor has requested donations for street trees. Commissioner Kaufman informed Commissioners that Councilwoman Dronkert's term on the Los Altos County Fire Protection District expires in January, noting we will be looking for a replacement if Commissioners have any recommenda- tions. ,..,.,...,m VM. M ermc ncvcm nDMFNT ❑0MMTTTFE MEETINGS OF OCTOBER 20, 1987 AND Commissioner Stutz reported the Site Development Committee on October 20, 1987 approved Landscaping, modification to walks and patio for Ed- gards/Sagatun on La Loma Drive; approved landscaping for Fisher on Fern- hill Drive; approved swimming pool and decking for Kaplan on Roble Alto subject to conditions limiting the outdoor lighting (only allowing spot lights on trees); determined 40' setback for Munsey on Magdalena Road; ap- proved Claypool on Stonebrook subject to drainage conditions; and approved addition for Vidinsky on Hillview. Commissioner Patmore reported the Site Development Committee on October 27, 1987 approved landscape plan for Sivertson on Fawn Creek Court; ap- proved driveway modification and retaining wall for Jones on Catherine Court; approved addition and remodel for Osborn on Snell Court; approved landscape plan for Lee on Saddle Mountain Drive subject to tree height; and requested re -design of New Residence for Bob Owen Homes on Country Way as the proposal did not step down hillside. Chairman Yanez informed Commission there seems to be a disagreement be- tween Commissioners as to what to review on Landscape Plan reviews, and requested staff prepare a report on what Commissioners should be review- ing. E. PRESENTATIONS FROM THE FLOOR: F. PUBLIC HEARINGS: 1. Lands of Tykeson/Huang, File ATM 2-87, 25724 Altamont Road, Request for Tentative Map approval of two lot subdivision and Negative Decla- ration Ms. Lytle referred to Staff Report dated October 22, 1987 informing Plan- ning Commission this is a request for a two lot subdivision, noting the property is currently developed with a primary residence, detached garage, corral, shed and paved driveway on Parcel A, Parcel Bis undeveloped with a creek crossing through the middle of the proposed lot. Ms. Lytle in- formed Commission that riparian habitat occupies an area of approximately 60-80 feet wide across the centerline of the creek, and noted that creek drains approximately 33 acres of territory (based on estimates from USGS Topography Maps). Ms. Lytle described the proposed subdivision relating to Town's current zoning and subdivision ordinances. Ms. Lytle informed Commission of issues related to the proposed subdivision: 1) Geotechnical Constraints; 2) Conservation Easement; 3) Access Easement and Private `r'Driveway; and 4) Application for Site Development Permit for adjacent planning Commission Minutes - October 28, 1987 Page Three property. Ms. Lytle recommended that the Planning Commission adopt a mo- tt tion recommending that the City Council approve the filing of the Negative V Declaration for this project with Santa Clara County Clerk; and either 1) continue the application, with the consent of the applicant, to allow for re -design to incorporate the recommended revisions made by staff with regard to Conservation Easement; or 2) continue the item to the next meet- ing to allow staff to compile the necessary conditions of approval for the proposed subdivision as proposed by the applicant. Chairman Yanez questioned the creek drains, as to why there is a dis- crepancy between the Staff's interpretation and the applicants. Chairman Yanez also questioned the size of the Conservation Easement requested by staff. Ms. Lytle informed Commissioners that no data was supported along with the letter from Mr. Nowack which indicated it drained 10 acres, staff proceeded to investigate through the use of the USGS maps which are 1:25000 scale quad sheet - estimating 30 acres. Ms. Lytle noted if the applicant could supply us with better information we can review it and make a better determination. With regard to the Conservation Easement, Ms. Lytle indicated that in recent time staff has consistently requested this size of a Conservation Easement for creek intermitten areas (i.e., Fawn Creek Court Subdivision, Palo Alto Unified School District Subdivi- sion; Adobe Creek Lodge Property; Ugie Subdivision, etc.), noting it has sometimes been modified and reduced by Commission. Commissioner Stutz indicated she can't believe that this is an intermit- tent creek, noting the property below has installed a tennis court over this creek and has drainage system in style of japanese rock garden Swale, noting this property could not possibly drain more than 10 acres and the Town should ask for no more than 25' from centerline of creek. Commis- sioner Stutz also noted not all structures are shown on tentative map, i.e., corral and horse barn on property line and should be noted on the plans to be removed. Commissioners questioned access of proposed residence for Bob Owen Site Development Permit on Altamont and how it will gain access; what is slope of driveway of Parcel "A"? Ms. Lytle noted the driveway for Bob Owen's lot will incorporate into subdivision. Mr. Ekern noted that slope of driveway is 18 - 20%. The Public Hearing was then opened. Mr. Paul Nowack, Civil Engineer representing Mr. Huang, asked Planning Commission to approve the proposed tentative map as submitted without the staff requested Conservation Easement, informing Commission the driveway shown on the conceptual plan is not necessarily the final configuration and can be referred for approval at the time of new residence review by the Site Development Committee. Mr. Nowack informed Commission the watershed has been re -checked it is 1"=400', approximately 10.3 acres, noting this is a very minor drainage Swale, with regard to the Conserva- tion Easement, would be willing to go along with 20' on either side of creek. Mr. Nowack informed Commission the site development permit ap- plication on file with the Town currently by Bob Owen Homes is completely separate from this tentative map request, asking it be handled this eve- �4/ ning, noting he has already given staff a time extension on this particu- lar application. Planning Commission Minutes - October 28, 1987 Page Four [[ Ms. Lytle informed Commission the time extension granted was in order to allow the applicant to respond to the Town Geologist recommended condi- tions, noting this tentative map has been processed without any delays. Mr. Ken Pastrof, Owen Homes, informed Commission they have no problem with revising lines of driveway, but would very much like to see the limits of the Conservation Easement reduced, as this makes 1/3 of the property use- less. The Public Hearing was the closed. MOTION SECONDED AND CARRIED: Moved by Stutz, seconded by Yanez and passed unanimously to recommend that the City Council approve the filing of a Negative Declaration for the Lands of Tykeson/Huang Subdivision with the Santa Clara County Clerk. Commissioner Kaufman raised concern over the siting of a house on this particular lot in relation to steepness of the lot, sewer connection and small amount of development area allowed for construction. Ms. Lytle informed Commission an exception should be made to allow creek crossing, driveway and sewer through the Conservation Easement. Mr. Nowack informed Commission that the average slope on the subject lot is 10-15%, steeper portion of lot is near creek, the most difficultly they will have in development will be with the driveway. ` MOTION SECONDED AND FAILED: Moved by Stutz, seconded by Yanez and failed by the following roll call vote to essentially approve the Tentative Map concept and continue the Lands of Tykeson/Huang to the next meeting to al- low staff to prepare conditions of approval. With condition that a 20' Conservation Easement be on each side of the creek, and lot line be realigned to bring driveway in a more accommodating angle. ROLL CALL: AYES: Commissioner Stutz and Chairman Yanez NOES: Commissioners Emling, Kaufman, Patmore and Struthers ABSENT: Commissioner Carico MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Patmore and passed unanimously to continue the Lands of Tykeson/Huang, File #TM 2-87, to the November 12, 1987 Planning Commission Meeting. The Planning Com- mission would like to see the Tentative Map revised to include: Conserva- tion Easement 40' total (20' on either side of centerline of creek); and boundary line realigned for a better driveway approach. 2. LANDS OF DEKRAKER, FILE VAR #22-87, 27233 Deersprings Way, Request for Variance and Site Development Permit to exceed floor area for addi- tions Ms. Lytle referred to Staff Report dated October 22, 1987 informing Com- mission the applicant is proposing to excavate an additional area within the footprint of the existing house to create a health room on the lower floor, and two 85 sq.ft. additions are proposed to either side of the Planning Commission Minutes - October 28, 1987 Page Five master bedroom on the upper floor. Ms. Lytle informed Commission the ` proposal will increase the floor area by 336 sq.ft. or 1,815 sq.ft. over �r the allowed. Ms. Lytle informed Commission the applicant also has filed an application for swimming pool and decks, noting the pool does not re- quire a variance, as the proposal is to trade existing development area for proposed pool and deck. Ms. Lytle reviewed the subject lot as it re- lates to current zoning ordinances. Ms. Lytle informed Commission staff is unable tosupport the required findings as required in Municipal Code Section 10-1.1107 (b) as the slope, size, shape and surroundings for the lot do not exhibit exceptional or extraordinary characteristics from other lots in the area and zoning district, also noting the proposal will in- crease the bulk of the building, and the primary purpose of the floor area restriction is to limit bulk and the existing residence already exceeds the floor area considerably, thereby recommending that the Planning Com- mission deny the requested variance application. Commissioner Kaufman noted that the plans submitted with this variance ap- plication were from when the original residence was approved and do not reflect site topography at present. The Public Hearing was then opened. Mr. Dekraker, 27233 Deersprings Way, asked Commission to approve the re- quested variance as applied for noting it is very modest in size and much needed for his wife's health. Mr. Dekraker informed Commission that all neighbors have reviewed their proposal and have all given their approval (notices of approval mailed to Town Hall directly as part of application). ( Mr. Dekraker further noted that all of the development proposed is under the existing roof line of the residence, referring to definition of bulk as listed in the Webster's Dictionary, noting it does not apply to our re- quest, asking Commission to approve the subject variance request. Mr. Littauer, 27305 Deersprings Way, informed commission this area in Town is very modest in size of homes and well landscaped noting we have all tried to keep a low profile and maintain the rural atmosphere, noting all neighbors have received letter from Dekraker's and have all signed peti- tion, urging the Planning Commission to approve the requested variance to improve the Dekraker's life. The Public Hearing was then closed. Commissioner Patmore noted this is the fourth variance we have had before the Planning Commission to increase the Floor Area, indicating we should carefully evaluate findings and establish a set of findings for staff to use in such instances, thereby setting up a policy for staff and commis- sion to use for this type of variance request. Chairman Yanez called for a ten minute break to allow Commissioner Patmore and Staff prepare appropriate findings for the subject variance applica- tion. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Kaufman and passed unanimously to approve the Lands of Dekraker Variance, File #VAR `r+22-87, 27235 Deersprings Way for a 336 square foot addition, total amount Planning Commission Minutes - October 28, 1987 Page Six of 1,815 square foot for existing floor area, based on ability to make re- quired findings of Municipal Code Section 10-1.1107 (b) as follows: 1) 4r There are exceptional or extraordinary circumstances applying to this property as this lot was: a) subdivided under different rules: b) legally non-conforming; and c) will not change outer envelope dimension of exist- ing residence. 2) That owing to such exceptional or extraordinary circum- stances, the literal enforcement of the provisions of this chapter would result in practical difficulties, because the ordinances changed, all fur- ther development on the property is prohibited. 3) The strict application of the provisions of this chapter would deprive such property of privileges enjoyed by other property owners in the vicinity, as this does not grant special privileges because what is proposed is substantially in keeping with the neighborhood and the neighbors. 4) The granting of such variance will not be materially detrimental to the public welfare or in- jurious to the property or improvements in the vicinity, as all neighbors have agreed. 5) The Variance will not authorize a use or activity which is not otherwise expressly authorized by the zoning district regulations governing the parcel of property, as residential use which is expressly authorized by the zoning district. 6) The granting of such variance will be in harmony with the general purpose and intent of this chapter and the General Plan, since the outer dimensions of the house are substantially unchanged this variance is irrelevant to the general purpose and intent of the General Plan. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Stutz and passed unanimously to approve the Lands of Dekraker, Site Development Permit subject to Conditions of Approval as listed in the October 22, 1987 Staff Report and including the Conditions as recommended by Wm. Cotton & Associates. 3. LANDS OF MUELLER, FILE CUP #5-87, 27868 Via Corita Way, Request for Conditional Use Permit for Maids Quarters Ms. Lytle referred to Staff Report dated October 22, 1987, informing Com- mission the applicant received zoning and site development permit approval in July 1987 and is currently requesting an interior modification to create maid's quarters by adding a kitchen to a portion of the residence which is connected by a breezeway to the rest of the house. Ms. Lytle in- dicated the required findings of Municipal Code Section 10-1.1107 (a) necessary to grant a conditional use permit can be made, thereby recom- mending that the Planning Commission approve the above requested condi- tional use permit subject to conditions of approval as attached to the Oc- tober 22, 1987 Staff Report. The Public Hearing was then opened and closed with no one speaking for or against this item. Commissioner Patmore recommended approval of the subject conditional use permit, but noted that all CUP's such as this request should be reviewed and approved by the Site Development Committee. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Emling and passed unanimously to approve the Lands of Mueller, Conditional Use � kw Permit, File #CUP 5-87, subject to conditions of approval as outlined in the October 22, 1987 Staff Report. Planning Commission Minutes - October 28, 1987 Page Seven C%.NEW BUSINESS: 1. LANDS OF PITTIGLIO, 25933 Alicante Lane, Ordinance interpretation Section 10-2.407, grading within 10' of property line Ms. Lytle referred to Staff Report dated October 26, 1987 informing Com- mission the plans received for approval of new residence include a driveway entrance which the first 36' feet cut within 10' of property line, and require a 3' retaining wall along that side of the driveway entrance. Ms. Lytle noted staff findings that the proposed driveway can be constructed without impacting the adjacent property, should the commis- sion choose to interpret the plan as consistent with Section 10-2.407 or require a minor variance. Commissioner Stutz indicated there is an ordinance restricing grading within 10' of the property line except at the driveway entrance, and does not feel this request is necessary and can be accomplished without grading 10' closer or obtain a variance. Commissioner Patmore concurred with Stutz noting this request is incon- sistent with ordinances and could not encourage the applicant to apply for variance. Mr. Art Everett, Architect, informed Commission they have provided a com- plete set of plans for review by the Site Development Committee for the new residence, noting the retaining wall is necessary to obtain a uniform slope on the driveway. Commissioner Kaufman noted the applicant could shift the driveway just 5' and it could remain as designed and not intrude into 10' grading restricted area, also noting he could not suggest variance application on this item. Commissioner Struthers indicated she is reluctant to see a retaining wall so close to driveway, also noting she could not favorably support a vari- ance request. Commissioner Emling noted this request is not consistent with ordinance, recommending the applicant revise the driveway entrance as suggested by Commission Kaufman. Chairman Yanez also noted thisapplication is not consistent with or- dinance, suggesting the applicant either re -design or apply for minor var- iance. 2. Natural Color Guidelines for Site Development Ms. Lytle presented Commission with a Color Board, which is in response to repeated questions by the public and decision makers regarding the defini- tion of "natural" or "earth tone" colors. Ms. Lytle noted this board will be useful at Site Development Committee and Planning Commission meetings, 1� 'for use by staff, public and commissioners as an illustration of a recom- rr mended acceptable range of colors. The colors can be expanded upon planning Cacmission Minutes - October 28, 1987 page Eight through time. Ms. Lytle recommended the commission approve the subject a color board which will be kept on display in the Heritage House for review `ralong with the Design Awards. Commissioners reviewed the proposed color board, thanking Ms. Lytle for her work on this project. MOTION SECONDED AND CARRIED: Moved by Stutz, seconded by Patmore and passed unanimously to adopt the Proposed Color Board presented by Ms. Lytle, with the idea that color chips may be added (if necessary). This item will be available at the next City Council meeting for review. Design and Development Workshop, U.C. Berkeley Commissioner Emling reported a month ago it was my attention that UC Berkeley was doing a study of Adobe Creek Lodge Property, noting there is a November 12th meeting as part of the graduate workshop to discuss the use of the land, referring to letter dated September 30, 1987• commis- sioner Emling indicated that he has brought this to the attention of the Commission because the Department Head was interested in the Town pursuing this type of project. Commissioner Patmore informed Commission that she and Commissioner Emling went to UC Berkeley to see the Department Head and discuss these projects, noting any request must be directed and financial- ly arranged through the City Council, whereby they would request as- sistance on items as listed in Commissioner Emlings letter. Mr. Steve Gaither, 26200 Moody Road, informed Commission of his involve- ment in the study being currently conducted by UC Berkeley for Adobe Creek, and questioned actions taken by Commissioner Emling with regard to this project. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Yanez and passed unanimously that the Planning Commission request City Council in- vestigate obtaining interns from UC Berkeley to assist the Town with 1 or 2 selected projects as indicated in letter from Commissioner Emling dated September 30, 1987• Q. Commissioner Patmore suggested that Environmental Design Committee put together a one page description of what can and cannot be done within Con- servation Easements, Road right-of-ways and pathways. Ms. Lytle indicated this type of description should probably be prepared by Staff, and reviewed by Planning Commission prior to distribution. i. OLD BUSINESS: Matadero Creek Land Use Study Ms. Scott referred to Staff Report dated October 21, 1987 informing Com- mission staff recommends appointing a Subcommittee to formulate policy recommendations and develop a land use regulation proposal for the Matadero Creek Subdivision. Planning Cmudssion Minutes - October 28, 1987 Page Nine Commissioners appointed: Commissioner Kaufman, Patmore and Stutz (as ` alternate) to work on the Matadero Creek Subcommittee. �r Commissioner Struthers suggested Councilwoman van Tamelen be included. Commissioner Kaufman raised concerns over the CC&R's and conditions of ap- proval of the tentative map, noting he does not favor zoning overlays and has concerns over making changes to existing documents. Ms. Lytle noted the concept is to do something which could be codified into an ordinance for the Matadero Creek Subdivision, rather than having a document from the tentative map which differs from the current zoning or- dinances. 2. Mailbox Pillars Policy Mr. Ekern referred to Staff Report dated October 22, 1987 informing Com- mission of staff recommendation that the policy as outlined in the Staff Report be adopted by the Planning Commission. Commissioner Stutz informed Commissioners that she contacted Los Altos Post Office and they do not have written guidelines for mail box monumen- ts. Commissioner Patmore indicated she would not be in favor of clustering mailboxes for safety reasons. L Chairman Yanez suggested a subcommittee be set up for further review and �r recommendation to Planning Commission. Commissioner Struthers presented photographs of monuments throughout the Town for review by Commissioners, noting some obstruct pathways and right- of-ways. Commissioner Kaufman indicated it is not a good idea to allow solid ob- jects in road right-of-way, if they are placed there they should be a break away object if struck. Commissioner Kaufman indicated he at one time had received something from the Post Office as to where the mailbox should be installed, noting mailbox monuments should be installed per the Post Office requirements. Commissioners Struthers and Stutz volunteered to work as subcommittee on this project and report back to Commission. 3. Commissioners received a letter from Steve Stern, Bas Homes, relating to work on Three Forks Lane, requesting staff review letter and prepare report for next meeting. 4. Commissioners discussed letter received from Hidden Villa. I. ADJOURNMENT: ♦ There being no further new or old busisness, the meeting was adjourned \W at 10:40 p.m. Respectfully submitted, Leslie Mullins Planning Technician