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HomeMy WebLinkAbout11/12/1987PLANNING COMMISSION TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday, November 12, 1987 Reel 131, Side I, Tract II, 000 -End Chairman Yanez called the meeting to order at 7:31 P.M. in the Town Hall Coun- cil Chambers. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Carico, Emling, Patmore, Struthers, Stutz, and Chairman Yanez t Absent: Commissioner Kaufman Staff: Nancy Lytle, Town Planner, Leslie Mullins, Secretary City Council Representative: Mayor Tryon B. CONSENT CALENDAR: Item Removed - B.1. (Patmore, Struthers and Stutz) ( kwCommissioner Stutz requested the minutes of October 28, 1987 be corrected on page two, second paragraph, amend "trees" to "steps". Commissioner Struthers requested the minutes of October 28, 1987 be cor- rected on page seven, sixth paragraph, amend "driveway" to "roadway". Commissioner Patmore requested the minutes of October 28, 1987 be cor- rected on page five, to include "The existing home was built under pre- vious ordinances, exceeds MDA and MFA, and the variance requested is primarily to fill the existing footprint". MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Stutz and passed unanimously to approve the minutes of October 28, 1987 as amended. Commissioner Carico abstained from approval. C. REPORT FROM CITY COUNCIL MEETING OF NOVEMBER 4 1987: Commissioner Patmore reported the City Council continued consideration of City Council meeting time change to the November 18, 1987 Agenda; with regard to San Antonio Hills Annexation, the City Clerk was directed to send letter to the Association stating the Council's intention to adopt a resolution initiating the requested annexation if petition is signed by 150 registered voters, costs relating to annexation as stated in City Man- ager's Staff Report to be addressed at later Council meeting, and re- quested the sub -committee to study items 2 & 3 of City Manager's Staff eport. Nomination for appointment to Los Altos County Fire Protection Planning Commission Minutes - November 12, 1987 Page Two District was continued to the next meeting, noting City Council requested background information on the Commission including length of terms and W history, etc. Report on proposal by Mrs. Cross regarding 280/E1 Monte new on-off ramps, a motion was passed unanimously to state that the City Coun- cil were not in favor of pursuing this project. Signal installed at Sum- merhill/Magdalena; trees planted at Burke Road; safety for Pinewood School is being worked on with the Public Works Director. Commissioner Emling questioned if Planning Commissioners would be requested to be on the sub- committee for San Antonio Hills Association. Ms. Lytle informed Commis- sion, Councilmembers Siegel and Dronkert are on the subcommittee and per- haps Commissioners should contact them for input. D. REPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF NOVEMBER 3, 1987 AND NOVEMBER 10, 1987: Commissioner Emling reported the Site Development Committee on November 3, 1987 approved addition for Pao on Briones Court, noting the applicant will be returning for a variance request to expand within the footprint of the existing residence; approved addition for Heinrich on Deersprings Way ap- proved. Commissioner Struthers reported the Site Development Committee on November 10, 1987 approved retaining wall for Utzinger on Magdalena Road, noting it was conditioned to be painted earth tones; and a new residence for Bob Owen Homes on Country Way was referred to the Planning Commission for review. E`, PRESENTATIONS FROM THE FLOOR: PUBLIC HEARINGS: LANDS OF TYKESON/HUANG, File NTM 2-87, 25724 Altamont Road, Request for Tentative Map approval of Two lot subdivision (continued from Oc- tober 28, 1987 meeting) Ms. Lytle referred to Staff Report dated November 5, 1987 informing Com- mission at the October 28th meeting the Commission considered the subject tentative map, conducted the public hearing, and adopted a motion to recommend to the City Council to approve the filing of the negative decla- ration for this project, also noting a motion made to continue the consid- eration of the tentative map to the November 12th meeting to allow the ap- plication to make two modifications to the plans, i.e., adding a conserva- tion and storm drainage easement 20' on either side of the swale center- line and adjusting the vehicular access easement and lot line to allow the future driveway for Parcel B to run along the contours and along the same alignment as the sanitary sewer. Ms. Lytle recommended that the Planning Commission adopt a motion recommending that the City Council approve the Lands of Tykeson/Huang Tentative Map subject to the conditions of approval attached to the November 5, 1987 Staff Report. The Public Hearing was then opened. gj Mr. Ken Pastrof, The Owen Companies, informed Commission they have 4wreviewed conditions of approval, William Cotton recommendations, and are Planning Cmulissim Minutes - Novanher 12, 1987 Page Three in favor of the new driveway relocation asking that the Plannning Commis- sion recommend approval of the Tentative Map to the City Council. The Public Hearing was then closed. Mr. Ekern informed Commission the sewer easement should be as shown on the conceptual plan, but not as shown on the Tentative Map, noting staff will redline Tentative Map as per recommended Condition 1.A. Commissioners and staff reviewed the recommended conditions of approval, Tentative Map, recommendations by William Cotton & Associates, and the Roads and Drainage Committee. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Stutz and passed unanimously to recommend approval of the Tentative Map for Lands of Tykeson/Huang, File NTM 2-87, 25724 Altamont Road, subject to Conditions of Approval, including William Cotton recommendations, and Tentative Map as redlined by staff. LANDS OF OWEN HOMES, 25724 Altamont Road, Site Development Permit for new residence and swimming pool Mr. Ekern referred to Staff Report dated November 4, 1987 informing Com- mission that the proposed residence is being constructed in an area over 14% slope, which by ordinance requires a step on contour foundation, noting the proposed residence is not stepped, it is a flat pad and not suitable to hillside a lot. Mr. Ekern further noted the proposed �residence does not take into account the general lie of the land, as it is Wrdesigned to go across the contours and not along the contours, recommend- ing that the Planning Commission not approve the requested Site Develop- ment Permit. Mr. Ekern included in his report that if the Commission wishes to grant approval of the Site Development Permit, recommended con- ditions of approval are attached to the November 4, 1987 Staff Report. Commissioner Struthers indicated in anticipation of future application, the pathway should be shown. Mr. Ekern informed Commissioners the pathway is part of the subdivision off-site improvements. Mr. Ekern further noted that the Commission should evaluate impact of 32' driveway (i.e., is it a private roadway and should road right-of-way be dedicated?). Commissioner Patmore questioned why this application was before the Com- mission rather than Site Development Committee? Patmore also noted she felt at her site visit that the lot looked flat in the area of the pro- posed residence with a hillside at the back of the property. With regard to bulk, Patmore questioned raising the structure rather than cutting into hillside. Mr. Ekern informed Commission that the application for the Site Development is before the Commission because they proposed more than 20,000 sq.ft. limitation on grading. Mr. Ekern also indicated the ap- pearance of the lot could be different than that shown on the topography map provided, and in regard to bulk, staff would rather the residence go down with the contour and cut into hillside. LThe Public Hearing was then opened. Planning Commission Minutes - November 12, 1987 Page Four Mr. Ken Pastrof, The Owen Companies, informed Commission this is not an ( easy lot to develop, noting it is much steeper in the rear of the lot, as - W king Commissioner to grant thirty foot setback from Altamont Road, noting this request would limit grading and keep outside of drip lines of trees. Mr. Pastrof noted there is much vegetation along Altamont Road which would mitigate visibility of the proposed residence. Mr. Pastrof also noted that from the lowest to highest point of the lot is 8', noting if he had to step the house even further it would then be in violation of the 35' highest to lowest point. Commissioner Carico suggested the applicant re -design to eliminate con- cerns raised by staff in the November 4th staff report, noting applicant would not have to ask for special provisions with regard to setback, etc. Ms. Lytle informed applicant and commission that if the residence were moved forward anymore, it would encroach into the building height en- velope. Commissioner Stutz expressed concern over allowing a thirty foot setback from Altamont Road, noting this is a very traveled roadway and all too many times the applicant removes existing vegetation along the frontage. Commissioner Stutz questioned Mr. Pastrof if the topography lines shown on site plan prepared by Nowack & Associates is accurate? Mr. Pastrof indi- cated the topography shown is correct and noted with regard to vegetation along Altamont Road, they are willing to install more plantings along with the approval of a landscape plan prior to the final inspection of the residence. The Public Hearing was then closed. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Stutz and passed by the following roll call vote that the forty foot (40') setback be taken from Altamont Road. ROLL CALL: AYES: Commissioners Carico, Emling, Patmore, Struthers and Stutz NOES: Chairman Yanez ABSENT: Commissioner Kaufman MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Struthers and passed unanimously to continue Lands of Owen, 25724 Altamont Road, pro- posed new residence and swimming pool, for re -design, and recommending ad- ditional three feet (3') of road right-of-way dedication off the existing easement, if this residence gains access along that portion of lot, to be a total of thirty five feet (351). LANDS OF VIDINSKY, 24250 Hillview Road, Site Development Permit Condi- tions of Approval - Road Right -of -Way Mr. Ekern referred to Staff Report dated November 4, 1987 informing Com- mission this property was granted a site development permit by the Site Development Committee on October 20, 1987, noting at that time the poten- tial for road right-of-way dedication was overlooked. Mr. Ekern indicated ( staff has appealed the site development permit to the Planning Commission aw for review, as the project is a major addition of nearly 2,000 sq.ft. of Planning Camtission Minutes - November 12, 1987 Page Five floor area, the lot was established prior to 1973 and the half street i right-of-way of Hillview Road is 25'. Mr. Ekern recommends that the Site �✓ Development Permit conditions for the Lands of Vidinsky be modified to add the dedication of five feet (51) of road right-of-way along the Hillview Road frontage, noting this right-of-way is to be dedicated prior to is- suance of Building Permits. Commissioners questioned the need for the additional road right-of-way; if the additional right-of-way would affect the site development permit; are there any other lots along Hillview which have dedicated right -o£ -way. Mr. Ekern informed Commission it is Town policy to request right-of-way dedication for projects whose lots were developed prior to 1973 and in- volved a major addition, which have front roads with rights -o£ -way less than the Town's present standards. Mr. Ekern noted the Town would not generally request additional right-of-way if it will make a non -conforming property more non -conforming, unless there were overriding public works concerns. Mr. Ekern informed Commission this additional right-of-way will not make this lot non -conforming with the Town's current zoning or- dinances. Mr. Ekern further noted in this neighborhood, the Kelly's were required to make a similar offer at the time of their lot line adjustment. Commissioners and staff discussed the reasons for obtaining additional road right-of-way; (i.e., public works reasons, aesthetics, keeping devel- opment away from roadways, pathways, repairs, meandering of roads within the right-of-way, street trees for landscaping and beautification). Commissioner Struthers indicated that she and Commissioner Stutz were on Site Development, noting the residence is set back from roadway and this additional right-of-way will not affect their development. The Public Hearing was then opened. Alan and Joanne Vidinsky, 24250 Hillview Road, informed Commission they had to go through a very long and involved process with the Town just to add 1,800 sq.ft., noting the house is now 112' from property line. Mr. and Mrs. Vidinsky indicated that were never aware of road right-of-way dedication until after the Site Development Permit had been granted, questioning why the Town would want additional right-of-way on a built out street. The Public Hearing was then closed. MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Emling and passed by the following roll call vote to require dedication of additional five foot (51) road right -o£ -way prior to issuance of Building Permit for the Lands of Vidinsky, 24250 Hillview Road. ROLL CALL: AYES: Commissioners Emling, Patmore, Struthers and Stutz NOES: Commissioners Carico and Chairman Yanez Commissioner Carico noted she voted against this motion because this is in (t an existing neighborhood. timmr. and Mrs. Vidinsky were informed of the appeal process to the City Council within ten days of this action. Planning Crxmiission Minutes - November 12, 1987 Page Six ` 4. LANDS OF WONG, File #VAR 25-87, 11675 Dawson Drive, Request to en - W croach into setback and declining height envelope for purposes of al- lowing the existing home under construction Ms. Lytle referred to Staff Report dated November 5, 1987 informing Com- mission this is a variance request to encroach into the setback by a maxi- mum of 11 1/2' and the declining height envelope by a maximum of 61, for purposes of allowing the completion of a new residence currently under construction. Ms. Lytle informed Commission the applicant is requesting this variance in order to allow the construction to continue, noting the applicant has indicated the house was moved 11 1/2' to protect a large oak tree on the lot. Ms. Lytle recommended that the Planning Commission ap- prove the variance request to encroach into the setback and declining height envelope as described above for purposes of allowing the existing house under construction, noting this recommendation is based on the ability to meet findings required in Municipal Code Section 10-1.1107 (b). The Public Hearing was then opened. Mr. Vincent Wong, 1061 Azalea Drive, Sunnyvale, informed Commission his neighbors have all signed document stating they concur with the requested variance, asking Commission to approve the subject variance request so that they may proceed with construction of the residence before the rainy season starts. Mr. John Harrison, Engineer (Harrison/Teasley & Associates), informed Com- mission they prepared the original site grading plans and the latest revi- sion for driveway, noting it was noted by the grading inspector that the job site did not reflect the approved plans and is now requesting a new topography map be prepared and submitted to the Town for reivew and ap- proval. Mr. Harrison further informed Commission they are preparing an erosion control plan and hope we will be able to continue with the con- struction, noting we need to get the drainage in and finish the loose dirt on the driveway and construct a retaining wall before it gets too wet. The Public Hearing was then closed. Mr. Ekern informed Commission that the first inspection made is for stak- ing and pre -grading, noting the job card and job plans have never been made available on the job site by either myself or the Building Official. Noting at this time it is very difficult for staff to recreate what oc- curred on the job site without the adequate job records, noting the grad- ing and staking inspections would have occurred over a year ago. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Carico and passed unanimously to approve the Lands of Wong, File #VAR 25-87, 11675 Dawson Drive, to encroach into setback by 11 1/2' and the declining height envelope by a maximum of 6' for new residence under construction. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Stutz to amend the Site Development Permit conditions of approval as follows: Condition 1.b. Colors and materials for the house, roof and walls shall be non- reflective earth tones to the satisfaction of the Site Development Commit- Planning Commission Minutes - November 12, 1987 Page Seven tee at Landscape Plan Submittal. 1.c. Water from development to be dis- persed to the satisfaction of the City Engineer. If water is to be �IW drained in pipe as suggested by applicant's engineer through the property below, written authorization must be received by the Town. 2. A Landscape Plan shall be submitted and approved by the Town prior to final acceptance of Building Permit. Landscape Plan shall include planting of street trees. LANDS OF NAM, File #VAR 26-87, 25194 La Rena Lane, Request to grade within 10' of property line for driveway turn around area, exceed max- imum height allowed for fences and walls within setback area, and ex- ceed maximum development area for construction of deck and stairs Staff informed Commission that the applicant has requested this item be continued, to date uncertain. Passed by Consensus to continue the Lands of Nam, File #VAR 26-87 to date uncertain. G. NEW BUSINESS: Request from Steve Stern, Three Forks Lane, Three Forks Associates Ms. Lytle referred to Staff Report dated November 5, 1987 informing Com- mission Mr. Stern of Three Forks Associates has requested permission to place a clear wire fence on both sides of the existing creek which crosses ,the subject lot, noting staff has informed applicant of the terms of the conservation easement which indicates that no structures, grading or clearing shall be permitted within the easement, and noting landscaping will be permitted only with approval of the Site Development Committee. Ms. Lytle further indicated that since the purpose of a conservation ease- ment along riparian corridors is to allow for protection of wildlife, fences are not generally recommended by staff, noting if the Commission finds a fence is appropriate, it would require an encroachment permit issued by the City Council, with a recommendation made by the Commission. Ms. Lytle informed Commission the applicant has not provided staff with a plan showing the proposed location of the requested fence. With regard to liability issues, this matter would need to be addressed by the City At- torney. Mr. Ekern informed Commission that as part of the Three Forks Subdivision Improvements, a guard rail shall be placed along bridge over the creek as a protective crossing, 42" in height. Mr. Ekern informed Commission that on the site the area cleared is up to the edge of the conservation ease- ment. Mrs. Marilyn Long, Agent Representing Three Forks Associates, informed Commission the potential buyers of the residence have small children and are very concerned over their safety in the creek area and would very much like to install a fence for their protection. kCommissioner Stutz indicated the applicant has already removed existing ,Wvegetation along the creek when they started this project, noting they Planning Commission Minutes - November 12, 1987 Page Eight should only be allowed to remove poison oak and replant with appropriate 4 plantings. � r Commissioner Patmore indicated she felt this request is unreasonable. Commissioner Carico concurred. Commissioner Emling noted the applicants could build a play area (fenced) outside of the conservation easement for their children to play in. MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Stutz and passed unanimously to recommend to the City Council to allow five feet W) around the house for purposes of constructing a fence to encroach into the Conservation Easement. 2. Landscape Plan Review Guidelines Mr. Ekern referred to Staff Report dated November 4, 1987 informing Com- mission the intent of the landscape ordinance is to require the developer of the project to provide the minimum amount of landscaping necessary to mitigate the impact of the project from off site. Mr. Ekern noted at the Site Development Committee meeting we should be taking the time prior to the meeting to decide which plants will provide the mitigation necessary. Mr. Ekern further noted the amount of the required landscape bond is flex- ible. Ms. Lytle indicated that the Site Development Committee when reviewing the landscape plan should require the minimum amount of landscaping as is necessary to mitigate the structures as per our Town requirements, noting the Committee should redline those plantings necessary, and the remainder of plantings shown on the plans should be up to the discretion of the property owner. Commissioners requested the landscape packet provided to developers and residents be placed in different order, i.e., checklist should be on top and packet should include lighting restrictions from Site Development Or- dinance. 3. Commissioner Carico requested staff to check the new readerboard which has been installed at Pinewood School. 4. Commissioner Patmore indicated that this evening we have reviewed our second application where a house has been relocated after it has received Site Development approval, noting we need to address this issue or else this problem will keep re -occurring, asking if there is any way we can catch this type of problems. Mr. Ekern informed Commissioners he would be happy to address this issue at the next meeting and have a staff report prepared for review, noting we do require that the Registered Civil Engineer write a letter with regard to siting inspection, and staff conducts a preliminary staking and grading inspection on the job site, noting there is little that staff can do once we leave the job site as to what occurs. {, Commissioner Emling noted some of this responsibility does fall onto the *Awproperty owners. Planning Commission Minutes - November 12, 1987 Page Nine gCommissioner Struthers indicated that some time ago she requested that the 4W Building Official be relieved of landscape plantings reviews, noting it could be handled by the landscape architect who could write a letter to verify the plantings have been installed according to the approved plan, noting this way the Building Official could be measuring foundations rath- er than checking landscape plantings. Mr. Ekern informed Commission he would return with a staff report. 5. Commissioner Stutz asked staff to check on the house on Vista Serena with blue roof, noting does not have any landscaping on the hillside. H. OLD BUSINESS: I. ADJOURNMENT: There being no further new or old business, the meeting was adjourned at 10:25 p.m. Respectfully submitted, Leslie Mullins Planning Technician V