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HomeMy WebLinkAbout12/09/1987PLANNING COMMISSION 4W TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday, December 9, 1987 Reel 131, Side I, Tract II, 1028 -End; Side II, Tract II, 000 - Acting Chairman Kaufman 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 Emling, Kaufman, Patmore, Struthers, Stutz ( Absent: Commissioners Carico and Yanez Staff: Bill Ekern, Director of Public Works; Nancy Lytle, Town Planner; Leslie Mullins, Secretary City Council Representative: Councilman Plummer B. CONSENT CALENDAR: L Item Removed - B.1 (Stutz) Commissioner Stutz requested the minutes of November 12, 1987 be amended, on page nine, item #5, to read: "...check on landscaping require- ments...does not have any sufficent landscaping on the hillside below the swimming pool". MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Struthers and passed unanimously to approve the Consent Calendar, specifically: 1. Minutes of November 12, 1987 as amended (Commissioner Kaufman abstained from approval of minutes) MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Emling and passed by the following roll call vote to approve Resolution of the Plan- ning Commission declaring its intention to consider an amendment to the General Plan to amend the Housing Element thereof, and setting the time and place of hearing on the proposed amendment for Wednesday, December 30, 1987 at 7:30 p.m. ROLL CALL: AYES: Commissioners Emling, Kaufman and Patmore NOES: Commissioners Struthers and Stutz ABSENT: Commissioners Carico and Yanez I£ there is no quorum for the December 30, 1987 meeting, the item will be held on the next regular meeting of the Planning Commission on January 13, 1988. Planning Coamission Minutes - December 9, 1987 Page Two C. REPORT FROM CITY COUNCIL MEETING OF NOVEMBER 18 1987: kw Commissioner Emling reported the City Council at their meeting of November 18, 1987 discussed looking into preliminary negotiations with the Los Altos Police Department for Police Services for the Town. In the absence of Commissioner Carico, the report of December 2, 1987 meeting was not given, however, it was noted that the Mayor was asked to prepare a letter for signature by any or all of the Councilmembers stating that the letter in the Town Crier prepared by Mr. Gaither is misleading and advising the residents that the statement that the initiative would not break the one acre minimum zoning is incorrect and the encourage resi- dents to contact Town Hall for additional information. D. REPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF NOVEMBER 17TH 24TH DECEMBER 1ST, AND 8TH, 1987: Commissioner Struthers reported the Site Development Committee on November 17, 1987 approved new residence for Pittiglio on Alicante Lane;. approved swimming pool, retaining wall and driveway modification for Dekrakers on Deersprings Way; and approved addition for Gilbert on Amherst Court. Commissioner Patmore reported the Site Development Committee on November 24, 1987 approved driveway modification and grading for Garces on Elena, with condition not allowing lighting in trees; approved swimming pool and spa for Ting on Elena Road with condition of enclosing pool equipment and `no parking allowed over P.U.E.; approved new residence and swimming pool r for Chao on Robleda; and continued consideration of new residence and swimming pool for Chen on Berry Hill to allow further discussion between applicant and neighbors (Mr, and Mrs. Hu) who have concern over the height and location of proposed structure. Commissioner Stutz reported the Site Development Committee on December 1, 1987 approved new residence for Basiji on Fawn Creek Court, with condition to fence conservation easement during construction Commissioner Kaufman reported the Site Development Committee on December 8, 1987 approved landscape plan for Mehta on Saddle Mountain; approved landscape plan for Gaskill on West Sunset Drive; approved landscape plan for Rabin on Alicante Lane; approved addition for Miller on La Loma Drive; approved creek restoration for von Huene on South Fork Lane; approved new residence and swimming pool for Riley on Stonebrook Drive. PRESENTATIONS FROM THE FLOOR: PUBLIC HEARINGS: LANDS OF WONG, FILE #VAR 15-87, Lot #7, Rhoda Drive, Request for Vari- ance to exceed the maximum development area for the lot by 1,840 sq.ft.; and Site Development Permit for a new residence and swimming pool 4W Planning Cunnissicn Minutes - December 9, 1987 Page Three This item was continued as reported by the Town Planner in her Staff Report dated December 4, 1987 to allow the applicant to address comments kw of the Town Geologist and redesign proposal. LANDS OF ALEPIN, FILE #CUP 7-87, 11920 Rhus Ridge Road, Request for approval of Conditional Use Permit for Guest House and Art Studio This item was continued as reported by the Town Planner in her Staff Report dated December 4, 1987 to obtain an opinion from the City Attorney as to the necessity of acquiring a variance to allow the unit. LANDS OF OWEN HOMES, 13430 Country Way, Request for approval of Site Development Permit for new residence and swimming pool Mr. Ekern referred to Staff Report dated December 1, 1987 informing Com- mission that this proposal was before the Site Development Committee on two occassions, noting the first meeting was continued as the applicant did not arrive on time, the second meeting was an impasse between the ap- plication of certain aspects of the Site Development Ordinance and the ap- plicant's design choice, consequently the decision was made to refer the project to the Commission as a whole. Mr. Ekern informed Commission the proposed residence is designed across the contours, noting the design is not in conformance with Municipal Code Section 10-2.703 (a) for lots in excess of 15% to use a Type II foundation - step on contour, daylight, pole foundations, or a combination thereof. Mr. Ekern informed Commission if they wished to approve the Site Development Permit, recommended condi- tions of approval are attached to the December 1, 1987 staff report. 4 The Public Hearing was then opened. Mr. Ken Pastrof, The Owen Companies, informed Commission since the last two meetings we have again re -looked at the property and modified plans, provided photographs and colored renderings of the proposed new residence and lot, and referred to letter signed by adjacent neighbors in favor of the proposal, asking Commission to approve the Site Development Permit. Commissioner Patmore indicated there are no walkways shown to the swimming pool. Commissioner Struthers indicated the proposal does not use solar energy. The Public Hearing was then closed. Commissioners discussed the recommended conditions of approval regarding oak trees, noting they should be protected if they are alive and if in need of removal, the trees should be replaced 3 for 1. Commissioners reviewed the revised plans for proposed new residence and referred to the letter received from the neighbors in favor of the proposal. Commis- sioners reminded applicant of pathway at bottom of lot. Mr. Pastrof indicated they would agree to tree replacement and would show plantings at time of landscape plan approval. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Stutz and ap- proved unanimously to approve the Site Development Permit for Lands of Planning Crnmission Minutes - December 9, 1987 Page Four Owen Homes, 13430 Country Way for New Residence and Swimming Pool, subject to Conditions of Approval as listed in the December 1, 1987 Staff Report ( and including new conditions #8 to read as follows: Chimney caps and W flashing shall be non -reflective. #9 to read as follows: Driveway at pathway crossing shall be roughened concrete (5')• Pathway shall be restored prior to final inspection of building permit. 4. LANDS OF CARR, FILE #VAR 24-87, 24600 Bella Ladera Drive, Request for approval of Variance to intrude into setback by a maximum of 4' for addition/remodel; File #CUP 6-87, Request for Conditional Use Permit to construct secondary dwelling unit (pool house); and Site Develop- ment Permit for addition/remodel Ms. Lytle referred to Staff Reports dated December 3, 1987 with regard to Variance and Conditional Use Permit, noting staff recommends that the Planning Commission approve the variance request to intrude into the westerly setback with the roof overhangs for the proposed addi- tion/remodel, based on findings as documented in the Staff Report; and recommended that the Planning Commission approve the Conditional Use Permit for the secondary dwelling unit (pool house) subject to the recom- mended conditions of approval attached to the December 3, 1987 Staff Report. Mr. Ekern referred to Staff Report dated December 1, 1987 for the Site De- velopment Permit, recommending that the Planning Commission approve the Site Development Permit for remodel/addition subject to recommended condi- tions of approval. `,. The Public Hearing was then opened. Mr. Glen Weaver, Architect, presented commission with photographs of the existing residence and property, asking Commission to approve the Vari- ance, Conditional Use Permit and Site Development Permit as recommended by staff. The Public Hearing was then closed. Commissioners, staff and applicant discussed the possibility and location of a pathway at the lower end of the lot adjacent to Mira Loma Drive; drainage as proposed by architect; and road right-of-way dedication. Mr. Ekern informed Commission and applicant as standard practice we prefer on site surface drainage; and noting with regard to right-of-way, if taken it would make property non -conforming and is not being requested to take ad- ditional right-of-way. Mr. Richard Carr, 24600 Bella Ladera Drive, with regard to pathway discus- sion, noted this area is already planted, and this portion of Mira Loma belongs to the property owner on the other side. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Stutz and passed unanimously to approve the Lands of Carr, File #VAR 24-87, to in- trude into setback by a maximum of four feet (41) for addition/remodel as the necessary findings for granting of a variance per Municipal Code Sec- tion 10-1.1107(2) (b) can be made as indicated in the December 3, 1987 W Staff Report. Planning Commission Minutes - December 9, 1987 Page Five MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Struthers and passed unanimously to approve the Lands of Carr, File #CUP 6-87, Condi- tional Use Permit for secondary dwelling unit (pool house), subject to Conditions of Approval as listed in the December 3, 1987 Staff Report. MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Patmore and passed unanimously to approve the Lands of Carr, Site Development Permit for remodel/addition subject to conditions of approval as listed in the December 1, 1987 Staff Report and as amended as follows: 1. Color chip shall be provided for approval at time of landscape plan submittal by the Site Development Committee. 4. Drainage shall be surface flow and shall not include the proposed culvert and energy dissipator to the satisfaction of the City Engineering Inspector. 6. Chimney cap and flashing shall be non -reflective. 7. If it should turn out the property owner has au- thority over Mira Loma Way he shall grant the right to pass for pedestrians and equestrians. 5. LANDS OF MARKOFF, FILE #VAR 23-87, 27961 Central Drive, Request to en- croach into setback area by a maximum of 29 1/2' for purposes of con- structing a barn; and Site Development Permit for barn Ms. Lytle referred to Staff Report dated December 3, 1987 informing Com- mission this is a variance request to encroach into a northerly setback area by a maximum of 29 1/2 feet for purposes on constructing a replace- ment barn. Ms. Lytle informed Commission the applicant is proposing to replace an existing barn with a new and larger barn, noting the existing barn is located 21' into the setback area, the new barn will be more than `,, twice the size of existing and project further into setback, although the height of the new barn will be reduced. Staff recommends that the Plan- ning Commission deny the variance request for the described setback intru- sion, based on an inability to make the required necessary findings per Municipal Code Section 10-1.1107 as documented in the December 3, 1987 Staff Report. Ms. Lytle informed Commission that the applicant could re- place the existing structure within the existing footprint. The Public Hearing was then opened. Mr. Markoff, 27961 Central Drive, informed Commission that the barn is not all within the setback area, and noted that he has cleaned up the property considerably since he purchased, noting he has removed one stall of the barn due to damage which was right adjacent to the Wilsons property line and if needed he would provide evidence of its past existence. Mr. Markoff informed Commission this is the only area on the lot which he could construct a barn, noting they need large flat area to get around the barn with trailers, etc., asking Commission to approve his requested vari- ance for construction of a new barn. Mrs. Betsy Bertram, 11854 Page Mill Road, asked Commissioners to grant ap- proval of the requested variance, noting the property has been cleaned up considerably since the Markoff's have moved in, referring to past problems with drainage swale and runoff on other areas on this lot, noting this is the most suitable location for a barn. Is Planning Commission Minutes - December 9, 1987 Page Six The Public Hearing was then closed. ( Commissioners questioned what other alternatives the applicant has W reviewed with regard to the location of the proposed barn, noting some difficult areas on the lot, (i.e., drainage swale, Power Pole, eucalyptus trees). Commissioners suggested the proposed barn be relocated to the south and west if possible, by 10-20 feet, noting barn should not be closer to property line than the existing structure. Commissioners indi- cated the materials used should be non -reflective for siding and roof. Mr. Markoff indicated the materials for the barn will be tongue -and -groove natural wood siding with metal tile (steel). MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Stutz and passed unanimously to continue the Lands of Markoff, File #VAR 23-87 and Site Development Permit for barn construction with the consent of the ap- plicant to re -design barn with regard to its location as suggested by Com- missioners. 6. LANDS OF SCHARFETTER, FILE #CDP 1-87, 13373 La Cresta Drive, Request for Conditional Development Permit for lot with less than .5 unit fac- tor, File #VAR 12-87, Request for variance to exceed the Maximum De- velopment Area and Maximum Allowed Height and Declining Height En- velope; and Site Development Permit for New Residence Ms. Lytle referred to Staff Reports dated December 2 and 3, 1987, inform- ing Commission that the subject lot has a LUF of .42 thereby requiring this project to obtain a Conditional Development Permit, staff recommends `, that the Planning Commission approve the C.D.P. to construct the proposed new residence as shown on plans submitted November 2, 1987, based on find- ings required per Municipal Code Section 10-1.1107 (c) as indicated in the December 3, 1987 staff report as the proposal while exceeding the minimum MDA requirement by a considerable amount is well designed for the lot. Ms. Lytle further informed Commissioners the applicant is requesting a variance to exceed Maximum Development Area by 1,929 sq.ft.; to exceed the maximum height allowed by a maximum of 8'; to encroach into the declining height envelope; and to exceed the 35' limit on lowest to highest eleva- tion elevation requirement by 3 1/2' for purposes of constructing a new residence. Ms. Lytle indicated staff recommends that the Planning Commis- sion approve the variance requests based on the ability to make the re- quired findings per Municipal Code Section 10.1-1107(b). Ms. Lytle in- formed Commission the siting of the proposed residence is restricted by several factors, i.e., landslide retention, a drainage swale, septic drainfield design and preservation of existing trees. Ms. Lytle further noted that access to the residence is proposed to be a cantilevered driveway off a private driveway easement at the top of the lot. Ms. Lytle noted that the residence is step -on -contour design, utilizing natural colors and materials for the exterior. Ms. Lytle also informed Commission the neighbors of this property have expressed concerns about numerous aspects of the proposal, i.e., size of residence is excessive for neigh- borhood and lot; landslides on property; view blockage for Schmidt residence at 13367 La Cresta Drive; possible damage to driveway easement and trees from construction vehicles and equipment. no Planning CaTnissim Minutes - December 9, 1987 Page Seven Mr. Ekern referred to Staff Report dated December 1, 1987 for the Site De- velopment Permit for the proposed new residence outlining the recommended 4W conditions of approval. Commissioners questioned if this proposal was reviewed by Fire Department. Staff informed Commission it has been reviewed, with recommendation of fire retardant roofing materials be used. The Public Hearing was then opened. Mr. John Stanley, Project Manager, informed Commission they have nothing further to add to the Staff Report, noting they are pleased with the out- come. Mr. Stanley informed Commission the fire department has reviewed the plans and indicated there are adequate fire hydrants in the area, and noted that bottom of the structure will be covered. Mr. Stanley Thomas, 13385 La Cresta Drive, referred to letter submitted to the Planning Commission, questioning what step -on -contour means, and com- mented that the size of the proposed residence is too large, and felt too many variances were being requested because of its size, asking Commission to enforce the Town's Ordinances on this lot due to geologic and drainage concerns. Commissioner Kaufman informed public that the variances being requested are for Development Area (due to driveway and parking) and Building Height, noting they are not exceeding the allowed Floor Area for this lot when granted a Conditional Development Permit which will allow 4,000 sq.ft. of Floor Area. Mrs. Susan Schmitt, 13367 La Cresta Drive, informed Commission of her con- cern over the size of the proposed residence as it is much larger than those in the neighborhood, noting concern over how the structure will ap- pear from roadway. Mrs. Schmidt indicated her residence is 2,300 sq.ft. with a 2 car garage, noting according to her calculations of the allowed development area and floor area per the Town's Worksheets is 2,100 sq.ft. of Floor Area and 3,150 sq.ft. of Development Area. Again Commissioner Kaufman explained to the public that the Town has an ordinance relating to Conditional Development Permits for those lots whose Lot Unit Factor is less than .5, under a C.D.P. a lot is allowed 4,000 sq.ft. of Floor Area and 5,000 sq.ft. of Development Area, noting the Com- mission may further limit the amount of MDA and MFA below these thresholds. Mr. John Stanley informed Commission and public that he performed an anal- ysis of the surroundings properties, taking information provided from the Santa Clara County Tax Assessor's Office, noting they list only living area, so these calculations would not include garages and decking, (i.e., Schmidt residence is 2,500 sq.ft. and Thomas residence is 2,400 sq.ft.), further noting the foot print of their proposal is much smaller than other homes in neighborhood because of the 2nd story. Mr. Stanley Thomas asked the Commission to not approve the variances, and 4 requested the project be redesigned to eliminate height, reduce to one story structure and move back into hillside more. Planning Cc miission Minutes - December 9, 1987 Page Eight Mr. Glenn Dodds, Architect, informed Commission he has been working on ( this project since 1983 with the previous owner (Deither Roth), noting he bw had received Site Development Permit approval from the Town but never acted on the plans. Mr. Dodds noted there have been 2 geotechnical firms contracted, the Town Geologist and 3 Civil Engineers to review this pro- ject to adequately address all concerns over slippage and slides on the property. Mr. Dodds indicated his has spent much time on the site and neighborhing properties viewing the proposed siting and landscaping, noting this is a very pleasing design, noting the driveway has been cantilevered to minimize grading on site. Commissioners questioned: Why is driveway so long? Can it be shortened and move house back? What prevents someone from going off driveway? How much height will chimneys add? Will underside of house be protected? Commis- sioner Struthers suggested some type of planter box rails on driveway curve. Mr. Dodds responded the driveway is designed in order to obtain better use of this view lot; a railing will be installed on curve and must be strong enough to support a fire truck; Chimneys will be per Uniform Building Code requirements; and the underside of the house will be covered, noting one thing the Commissioners have not been presented with yet is the landscap- ing plan which will screen the structure from neighbors and roadway. The Public Hearing was then closed. Commissioner Patmore indicated there are three points to make with regard to this application: 1) Staff is recommending approval based upon "Good Design Bonus", noting she does not feel this is appropriate - if the Com- mission were to deny this request the applicant would not return with a bad design; 2) The City Council has directed Planning Commission to preserve existing neighborhoods, noting the neighborhood has asked the Planning Commission not to grant these requested variances; and 3) there is not a low lot LUF without a variance, noting the granting of such a variance makes the Town's ordinances useless. Commissioner Struthers and Emling raised concern over the proposed struc- ture height and views looking up to the structure from the roadway and possible view blockage in the family room portion from the Schmidt proper- ty. Commissioner Kaufman suggested the Floor Area be reduced to 3,360 sq.ft., noting the design of the proposed residence is nice, good design for this lot as it is situated below the ridgeline. Commissioner Stutz indicated this is a good design for this lot, noting the structure will not look bulky due to shadow effect, poles, decking, roof line varies and reduces the bulkiness, and landscaping for mitigation from roadway view. MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Patmore and passed unanimously to continue the Lands of Scharfetter, Conditional De- velopment Permit, Variance and Site Development Permit for re -design with Planning Commission Minutes - December 9, 1987 Page Nine the concurrence of the applicant. Suggesting reduction of height in fam- ily room area, lessen bulkiness, reduce floor area to 3,360 sq.ft. 4407. 7. Zoning Ordinance Amendment to clarify the number of horses allowed per acre Chairman Kaufman informed Planning Commissioners this item is a result of common practice for code modification clarifying the allowed number of hoofed animals per acre, referring to the December 4, 1987 Staff Report with proposed ordinance amendment. The Public Hearing was opened and closed with no one speaking for or against this item. MOTION SECONDED AND CARRIED: Moved by Stutz, seconded by Patmore and passed unanimously to recommend that the City Council adopt a Resolution directing the City Clerk to file a Negative Declaration for the project with the Santa Clara Clerk. MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Patmore and failed unanimously to include the word "Domestic" into ordinance amend- ment. MOTION SECONDED AND CARRIED: Moved by passed unanimously to recommend to the proposed ordinance amendment, Municipal the number of hoofed animals allowed, a Staff Report. AW NEW BUSINESS: 1. Field Inspection Problems Patmore, seconded by Stutz and City Council that they adopt the Code Section 10-5.702 concerning s described in the December 4, 1987 Mr. Ekern referred to Staff Report dated December 4, 1987 informing Com- mission within the past year at least two projects were constructed in locations other than that approved by the Town, noting it is staff's con- tention that these moves occur after field inspection by the staff, as in both instances the contractor made a "field modification" to, in his estimation, better suit the project to the site. Mr. Ekern informed Com- mission of the Town's inspection schedule. Mr. Ekern recommended that a new condition be included into the approval of the Site Development Permit, which would require the foundation, or any other structure, loca- tion is to be certified by a Registered Civil Engineer or Land Surveyor by letter prior to any subsequent building inspections. PASSED BY CONSENSUS: It was passed by consensus to include in conditions of the Site Development Permit a new condition that would require the foundation, or any other structure, locations to be certified by a Regis- tered Civil Engineer or Land Surveyor by letter prior to any subsequent building inspections. ( 2. Mailbox Monuments Policy V Planning Commission Minutes - December 9, 1987 Page Ten Chairman Kaufman informed Commission comments have been received from the Environmental Design Committee and a recommendation by Director of Public 4W Works. PASSED BY CONSENSUS: It was passed by consensus to continue discussion of this matter to future agenda. 3. Letter of Resignation by Town Planner Ms. Lytle informed Planning Commission that she has submitted her letter of resignation to the City Manager to work in the City of Palo Alto as their Zoning Administrator. The Planning Commission expressed their gratitude to Ms. Lytle for all her help and service over the last couple of years. H. OLD BUSINESS: I. ADJOURNMENT: 4 There being no further new or old busisness, the meeting was adjourned at 11:20 p.m. Respectfully submitted, Leslie Mullins Planning Technician