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HomeMy WebLinkAbout12/30/1987t PLANNING COMMISSION v TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday, December 30, 1987 Reel 132, Side I, Tract I, 330 -End Chairman Yanez called the meeting to order at 7:30 P.M. in the Town Hall Coun- cil Chambers. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Emling, Kaufman, Patmore, Stutz and Chairman Yanez Absent: Commissioners Carico & Struthers Staff: Bill Ekern, Director of Public Works, Nancy Lytle, Town Planner, Leslie Mullins, Secretary B. CONSENT CALENDAR: Item Removed - B.1. (Patmore) ( Commissioner Patmore requested that the minutes of December 9, 1987 be amended on page eight, fourth paragraph, fifth sentence as follows:" ... 2) the City Council has directed the Planning Commission to consider preser- vation of existing neighborhoods in its general plan review,..." MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Yanez and passed unanimously by those members present to approve the Consent Calendar, specifically: 1. Minutes of December 9, 1987 as amended. 2. Setting Public Hearings for January 13, 1988, items for the January 13, 1988 Planning Commission meeting will be set by staff. C. REPORT FROM CITY COUNCIL MEETING OF DECEMBER 16, 1987: No report was given for the December 16, 1987 City Council, as Commis- sioner Struthers was not in attendance. D. REPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF DECEMBER 22 1987: Commissioner Patmore reported the Site Development Committee on December 22, 1987 approved an addition for Russell/Williams on La Rena Lane with condition that the Director of Public Works conduct a review to determine whether a lanscape plan for this project would be necessary; approved ad- dition for Elliott on Taaffe with condition that the Director of Public Works conduct a review to determine whether a landscape plan for this pro- ject would be necessary; approved new residence for Han on Hillview Road subject to conditions; continued consideration of Raffin Landscape Plan on `yThree Forks Lane; continued consideration of Chen on Berry Hill Court for Planning Commission Minutes - December 30, 1987 Page TvA new residence to allow re -design of structure due to concerns raised by neighbor with regard to height and view blockage, noting the applicant placed poles on the site for committees review of proposed new residence which were very helpful. Commissioner Patmore commented that discussion occurred at the Site Devel- opment Committee meeting with regard to interpretation of overhangs al- lowed in setback area. Ms. Lytle informed Commission ordinances allow for walkways, driveways, and patios constructed at grade may extend 5' into setback area. Ms. Lytle suggested if the Commission feels this would be a good ordinance amendment Commission should make a motion requesting this be placed on the Work Program through the City Council. Chairman Yanez requested this item be placed on the next available agenda. 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 lot and Site Develop- ment Permit for new residence Ms. Lytle informed Commission this item is recommended to be continued with the consent of the applicant to allow staff to analyze the revised plans submitted on December 18, 1987 for conformance with zoning or- dinance. kW2. LANDS OF PAO, FILE #VAR 32-87, 27636 Briones Court, Request for Vari- ance to exceed the Maximum Floor Area for the lot by 1,149 sq.ft. or to increase over the current non -conforming level by 373 sq.ft. in or- der to retain the existing garage Ms. Lytle referred to Staff Report dated December 23, 1987 informing Com- missioners that the applicant applied to make additions to the master bedroom and stairway and remodel of interior on September 11, 1987, noting it was not possible to make the minor expansions proposed without a vari- ance. Ms. Lytle informed Commission that the applicant then proposed to convert the existing garage to a carport in order to trade existing floor area for new floor area, noting when the applicant met with members of the Site Development Committee, they were informed that it would be most prob- ably for them to obtain a variance to retain the existing garage, based on policy which has arisen from several variance approvals for "infill" floor area projects over the past several months. Ms. Lytle recommended that the Planning Commission approve the variance request as the findings per Municipal Code Section 10-1.1107 (b) can be supported as evidenced in the December 23, 1987 Staff Report. Commissioner Patmore informed Commission, she and Emling were on the Site Development Committee who recommended that the applicant apply for a vari- ance, noting this item came up after we had just adopted our new variance requirements. Commissioner Stutz noted she had no concerns over this sub- mittal. Planning Commission Minutes - December 30, 1987 Page Three The Public Hearing was then opened. t[ y MC. Peter Fu, Architect, informed Commission he is representing the Pao's while they are on vacation, noting he is available to answer any questions the Commission may have with regard to this variance application. The Public Hearing was then closed. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Emling and passed unanimously to approve the Lands of Pao, File #VAR 32-87, 27636 Briones Court, to exceed the Maximum Floor Area for the lot by 1,149 sq.ft. or to increase over the current non -conforming level by 373 sq.ft. in order to retain existing garage, as this proposal meets required find- ings per Municipal Code Section 10-1.1107 (b). 3. LANDS OF EYVAZOV, Lot #30, Dawson Drive, Request for Site Development Permit for construction of new residence Ms. Lytle referred to Staff Report dated December 23, 1987 informing Com- mission this item was before the Commission on October 14, 1987 and con- tinued to allow the applicant to re -design the project in order to ac- complish three items: i.e., 1) follow the step -on contour design require- ments of the site development ordinance; 2) reduce the development area in order to allow for outdoor living area; and 3) lower the house profile to reduce visibility and obtrusiveness from I-280. Ms. Lytle informed Com- mission the revised plans show the building footprint rotated to the south, more in alignment with the contours, noting however, the applicant has not reduced the development area on the lot to allow for outdoor living improvements, no has the height and obtrusiveness been reduced. Ms. Lytle informed Commission the allowed development area on the lot is: 5,400 sq.ft. and applicant is proposing 5,374 sq.ft. Ms. Lytle recom- mended that the Planning Commission deny the site development permit based on findings as documented in the December 23, 1987 Staff Report. Commission and staff discussed proposed square footage of development area and need for outdoor living area on the subject lot. The Public Hearing was then opened. Mr.Wendell Roscoe, 12234 Tape Way, Architect, referred to Ms. Lytle's staff report informing commission he does not agree or understand the report, noting the proposed residence is not obtrusive, exotic or boxy and has quite a lot going for it. Mr. Roscoe indicated with regard to the size of the house and coverage allowed, there is nothing in the Town's or- dinances which states you must have reserve development area left over for outdoor living area, etc. -1U_. Roscoe indicated that the developer/builder of this proposed residence is very pleased with the design and wish to proceed with the construction, asking approval of the site development permit. Commissioner, staff and applicant discussed step on contour, cross sec- tions, amounts of cut and fill, suitability of house to the lot, need for E some type of outdoor living, i.e., patio, steps, walks, terraced garden, kspa, or hot tub. Mr. Roscoe informed Commissioners there is hot tub on Planning Cartaission Minutes - December 30, 1987 Page Four patio off bedroom, noting this is an adult house, not intended for chil- v dren. The Public Hearing was then closed. Commissioner Stutz indicated the view impact from I-280 has not been ad- dressed, suggesting that the structure be moved down towards Dawson Drive more, noting it would lessen the view from I-280. Commissioner Patmore informed Mr. Roscoe she appreciates the rotating of the house, noting however, at the meeting of October 14th the Commission asked for three changes, noting only one (step on contour) was done. Commissioner Kaufman noted he dislikes not having any outdoor living area, noting this will lead to, perhaps, variance requests at a later date by different property owners to accomodate some type of outdoor use, however, on the otherhand, in this case Mr. Roscoe is entitled to build to the or- dinances, noting if our ordinance lacks requirement for outdoor living area, then I'll move approval of this site development permit based on staff's recommended conditions of approval. Commissioner Patmore re- quested two additional conditions be placed into approval, i.e., standard foundation inspection and fireplace cap and flashing be non -reflective. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Yanez and ailed due to the following roll call vote to approve the Lands of Eyvazov, Lot N30, Dawson Drive, Site Development Permit subject to condi- tions of approval as shown in the October 8, 1987 Staff Report and includ- Wing two additional conditions relating to foundation inspection and fireplace cap and flashing to be non -reflective. ROLL CALL: AYES: Commissioner Kaufman and Chairman Yanez NOES: Commissioners Emling, Patmore and Stutz ABSENT: Commissioners Carico and Struthers Commission informed Mr. Roscoe he could re -design the structure and return for approval of the Site Development Permit or appeal this decision to the City Council within ten days of this decision. LANDS OF COLLINSON, 27500 Edgerton Road, Request for Variance Modifi- cation to allow conversion of carport to garage which intrudes into setback area Ms. Lytle referred to Staff Report dated December 21, 1987 informing Com- mission on May 27, 1987 Mr. Collinson received approval of a variance for a two car carport to intrude 21' into Edgerton Road setback area, noting the building permit was applied for for a larger, partially enclosed car- port, applicant was informed the larger plans could not be approved, noting the building permit was issued for a partially enclosed, but sub- stantially open carport of the same size approved by the Commission. Ms. Lytle further informed Commission that the applicant has almost completed construction and has further enclosed the carport beyond the parameters of the building permit, noting areas as shown as open on the plans, or cov- ered by lattice work only, have been changed to solid walls, noting the „applicant has received a stop work from the Building Official on December Planning Cc mission Minutes - December 30, 1987 Page Five 21, 1987. Ms. Lytle informed Commission that the applicant is requesting [ that the carport be allowed to remain and garage doors and windows be in - V stalled. Ms. Lytle recommends that the Planning Commission deny the re- quest to modify the variance to allow the conversion of a carport into a garage, noting the building permit allowed some additional partial en- closures, no further enclosures beyond those shown on the building permit, should be allowed since they will increase the bulkiness of the structure which projects 21' into setback, noting the applicant should be notified that he must immediately correct the on-going construction to that allowed legally by permit. Commission questioned the amount of Floor Area on this property? Ms. Lytle indicated they are allowed 4,700 sq.ft. and have existing 3,000 sq.ft., noting this would not be an issue. The Public Hearing was then opened. Dr. Collinson, 27500 Edgerton Road, apologized to the Commission with regard to filling areas in more than was to be done by the permit, noting the contractor was doing what he thought was best, asking Commission to approve the modification of converting the carport into a garage due to excessive wind, rain and debris problems. The Public Hearing was then closed. Commissioner Kaufman commented that the variance approved was for a car- port, recalling problems associated with the approval (i.e., closeness to roadway, landscaping, and the promise of keeping the structure open and clear as a carport, etc.), expressing concern over the partial enclosure of the carport allowed with the building permit, noting the building permit should be rescinded. Ms. Lytle informed Commission the City Attorney's opinion must be obtained with regard to rescinding the building permit issused to Dr. and Mrs. Col- linson. Chairman Yanez questioned if the MDA and MFA are not an issue with regard to this variance modification of converting a carport to a garage then what is the problem with a garage in this location, noting there is ade- quate landscape screening for view impacts from roadway. Commissioner Patmore indicated that she had abstained from the approval of this variance request adding if she did vote she would have voted against this variance as she would have had difficulty approving such a structure into setback, noting she does see both sides of this request, but ques- tioned if the Commission would have approved a garage 21' into the setback area? MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Stutz and passed by the following roll call vote to deny the Lands of Collinson, 27500 Edgerton Road, Variance Modification request for conversion of car- port to garage. ROLL CALL: +AYES: Commissioners Kaufman, Patmore and Stutz Planning Crnmission Minutes - December 30, 1987 Page Six NOES: Commissioner Emling and Chairman Yanez ABSENT: Commissioners Carico and Struthers Commission informed Dr. Collinson he may appeal this decision to the City Council within ten days of this decision. Dr. Collinson informed Commission he will take pictures for review and noted they have yet to install the landscaping which will even more pro- tect the view of the structure from roadway and neighbors view. On Dr. Collinsons way out he introduced his 92 year old mother and noted to Com- mission he would have to appeal this to the City Council. Commissioner Kaufman informed Commission that the Town Municipal Code in- dicates we can rescind a Building Permit, noting the building permit has been issued for more enclosure than the variance allowed, (i.e., lattice work and wall enclosures). MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Patmore and carried by the following roll call vote to request the Town rescind the Building Permit issued to Dr. Collinson, 27500 Edgerton Road, as the permit issued is a clear depature from the variance approved by the Town. ROLL CALL: AYES: Commissioners Kaufman, Patmore and Stutz NOES: Commissioner Emling and Chairman Yanez ABSENT: Commissioners Carico and Struthers 5. DRAFT HOUSING ELEMENT �Ms. Lytle referred to Staff Report dated December 21, 1987 informing Com- mission the Draft Housing Element is revised according to comments received from Commission at their Study Session on November 25th. Ms. Lytle recommended that the Planning Commission: 1) Adopt a motion recom- mending that the City Council direct the City Clerk to file a Negative Declaration for this project with the Santa Clara County Clerk; and 2) Adopt a motion recommending that the City Council adopt the Housing Ele- ment, as revised. Commissioner Patmore informed Commission that she has a pre-existing non- conforming secondary dwelling unit, noting she has discussed this with the City Attorney with regard to acting on this item and he indicated that since anything in the Housing Element would apply to all secondary dwell- ings that she would get no special treatment by it and no reason that she should abstain from taking part in the discussion, as long as she felt ok about it, noting on the other hand there are some clear financial ad- vantanges to me, based on decisions made by the Planning Commission, thereby asking Commission if they feel her actions would be a conflict of interest over Conditional Use Permit issue. Commissioner Kaufman noted the Housing Element is a policy element it is not an ordinance, therefore in itself the Housing Element can not effect you, except as implemented as a specific ordinance. With respect to CUP's the City Attorney has said for some time, and I stated at last meeting, Lthe CUP runs with the land, and could only be rescinded if violation of olaw occured. Chairman Yanez also noted he had no concerns over Commis- sioner Patmore participating in discussion. Planning O]mtdsSion Minutes - December 30, 1987 Page Seven .The Public Hearing was opened and closed with no one speaking for or against this item. Commission and staff discussed the memorandum from the City Attorney dated December 22, 1987 relating to conditional use permits - secondary dwelling units, and the possibility of including wording into the Housing Element, Section 15. Ms. Lytle indicated the language from the Conditional Use Permit may be included into the zoning ordinance, and include new site de- velopment thresholds to include secondary dwelling units, thereby making the process less time consuming and less expensive to the applicant. Com- mission and staff discussed the removal of the Conditional Use Permit Or- dinance, coordinating into site development permit process and zoning pro- cess, and discussion over health and safety issues which could be picked up under Building Codes. Commissioners reviewed the Draft Housing Element making typographical corrections and amendments to the document. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Kaufman and passed unanimously to recommend that the City Council direct the City Clerk to file a Negative Declaration for this project with the Santa Clara County Clerk. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Emling and passed unanimously to recommend that the City Council adopt the Housing Element as revised and amended, and request the staff to incorporate lan- guage in the Housing Element making it clear that if the requirement for Conditional Use Permits is rescinded, that there are other simpler methods kof accomplishing the same goals as the Conditional Use Permit. G. NEW BUSINESS: 1. Commissioners requested that on the next agenda, an item be placed un- der New Business to discuss the charges of the General Plan Steering Committee. Staff informed Commission the first meeting of the General Plan Steering Committee is Thursday, January 14, 1988 at 5:00 p.m. 2. Commissioners thanked Ms. Scott for her help and hard work on the Town's Housing Element. 3. Commissioners expressed their gratitude to Ms. Lytle and wished her much success in her new upcoming position as Zoning Administrator for the City of Palo Alto. H. OLD BUSINESS: I. ADJOURNMENT: There being no further new or old busisness, the meeting was adjourned at 9:40 p.m. Respectfully submitted, Leslie Mullins Planning Technician