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HomeMy WebLinkAbout01/27/1988PLANNING COMMISSION TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday, January 27, 1988 Reel 132, Side II, Tract I, 990 -End; Side I, Tract II, 000 -End; Side II, Tract II, 000-056 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 Carico, Emling, Patmore, Struthers, Stutz and Acting Chairman Kaufman Absent: Chairman Yanez Staff: Bill Ekern, Director of Public Works, Lori Scott, Acting Town Planner, Leslie Mullins, Secretary City Council Representative: Councilwoman van Tamelen B. CONSENT CALENDAR: 4 Item Removed - B.I. (Patmore & Struthers) Commissioner Patmore requested the minutes of January 13, 1988 be amended on page five, fourth paragraph, second sentence to change "Purissima Road" to "La Cresta". Commissioner Struthers requested the minutes of January 13, 1988 be amended on page six, to incorporate item #2 into #1, under General Plan Steering Committee discussion. MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Stutz and passed unanimously to approve the minutes of January 13, 1988 as amended. C. REPORT FROM CITY COUNCIL MEETING OF JANUARY 6, 1988: Commissioner Kaufman reported the City Council at their meeting on January 6, 1988 held a Study Session in the afternoon with regard to Cable TV; at their regular meeting in the evening; concurred with approval of CDP, Var- iance for Scharfetter on La Cresta; held first reading on # of hoofed animals allowed per acre; Contract with Santa Clara County Sheriff defer- rerd until all members of the City Council are present to act on document; large turnout on the bicycles riding single file at meeting, noting the signs have already been ordered by the Town and Council decided to hold off on the installation until decision is made as to what is appropriate; Council not yet made a decision as to who will prepare the Master Plan for Planning Cotmiission Minutes - January 27, 1988 Page T,.o Town Hall; Finance Committee report given was favorable; and noted that City Council correspondence is very interesting and Commission should review. D REPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF JANUARY 19, 1988: Commissioner Struthers reported the Site Development Committee at the Jan- uary 19, 1988 meeting approved landscape plan for Pan Cal on Arastradero Road; landscape plan for Raffin on Three Forks; and held Subdivision Com- mittee meeting for Warner on Stonebrook Drive for a proposed two lot sub- division, noting much concern raised over driveway accesss, steepness of property, grading, drainage lot line configuration, existing structures, and need for variances for the floor area, noting if the applicant wished to go ahead with this plan, subcommittee would recommend denial of the tentative map to the Planning Commission. Commissioner Struthers reported the Pathway Committee will be meeting on the site at 9:30 a.m. on Satur- day, January 30th. E. PRESENTATIONS FROM THE FLOOR: Mr. Joseph Parice, Elena Road, raised concern over bicycles on roadways. Mr. Parice was informed the discussion over installation of signs for bicycles riding single file on certain roadways within the Town is up for discussion with the City Council, noting any comments or concerns should be raised at the City Council meeting. PUBLIC HEARINGS: (. 1. LANDS OF MILLER, 24965 La Loma Drive, FILE #VAR 29-87, Request to al - W low further encroachment of roof overhangs and new buttress supports into setback, and to allow location of "false walls" 15' in height in setback area; and Site Development Permit Ms. Scott referred to Staff Report dated January 20, 1988 informing Com- mission this is a public hearing to consider a variance request to allow further encroachment of roof overhangs and new buttress supports into set- back by an additional 6' for a total encroachment of 141, to allow loca- tion of "false" walls, maximum height of 15' in setback, noting this vari- ance is Phase III of a complete remodel and upgrade of this residence, noting the existing residence was built many years ago and currently en- croaches into side yard setback along the west boundary by 5', while the roof overhang encroaches an additional 31, as the applicant proposes to extend the overhangs by an additional 3' and to install a series of but- tresses as visual support to the overhangs, the buttresses will be located approximately 16' from the property line and be 12' in height. Ms. Scott indicated the west wall of the living room at the end of the walkway, a couple "false" walls are proposed to tie in the design of the overhang buttress system and provide a more finished and aesthetic look to the entry, noting the walls do not enclose any area and do not result in any increase in floor area, however, they will encroach into the setback no more than 6' and the highest is 151. Ms. Scott recommended that the Plan- ning Commission approve the variance request as this request meets the re- quired findings per Municipal Code Section 10-1.1107 (1) as supported in the January 20, 1988 Staff Report. Planning Comussion Minutes - January 27, 1988 Page Three Commissioners questioned the location of the variance for height increase; and if Phase I or II had been heard previously by the Commission. Ms. Scott informed Commission of the height request location, noting that Phase I was completely interior and only required building permit, Phase II was for minor addition and was heard by Site Development Committee and then issued building permit. The Public Hearing was then opened. Mr. Jim Lyle, Pacific Design Group, informed Commission one of the walls is for enclosure for existing fireplace and chimney, noting it is attached to building; adding the buttresses do support the roof extensions. Commissioner Patmore questioned why it was not designed without requesting a variance. Mr. Lyle informed Commission they looked at many designs, noting this is the best solution for this structure without changing the entire layout of the residence, noting if designed without variance the buttress would have come into the middle of a bedroom and would have a long narrow hallway. The Public Hearing was then closed. Commissioner Struthers questioned if neighbors have been informed of this request. Staff informed Commission property owners within 300' of this application has been notified and all three posting boxes have been posted ten days prior to public hearing. Mrs. Maureen Miller, 24965 La Loma Drive, informed Commission she was ad- vised by Ms. Lytle that the neighbors did not have to sign any forms, noting the additions are not visible from neighbors views. Commissioner Patmore informed Commission, staff and applicant it may very well be that no one can see this, noting in her opinion there is no sup- port of the required findings for this variance request as this could be accomplished without a variance. Commissioner Stutz questioned if carport is to be restored; and if there is a Conditional Use Permit for the studio. Mrs. Miller and Mr. Lyle informed Commission that the carport is to be used as a garage. Mrs. Miller informed Commission that the studio was re- built prior to their ownership, noting they are living in it during con- struction, noting it is not a living unit. Commissioner Carico noted she can not find any reasons for not supporting this request, and supports staff recommendations, noting this request is much less than the allowed MDA and MFA, it is not obtrusive and not visible from neighbors. Commissioner Struthers noted concern over the height of the pillars, as- king if they could be lowered to extension of the save line. Planning Cannission Minutes - January 27, 1988 Page Four Mr. Lyle informed Commission the buttress exists from the beginning of the house to the side and are currently 2-3' above the roof line, and occur every 121. Mr. Lytle also noted the structure at the end of living room is higher because of the chimney, noting they could reduce one to 15' at chimney area. MOTION SECONDED AND FAILED: Moved by Carico, seconded by Emling and failed by the following roll call vote to approve the Lands of Miller, File #VAR 29-87, 24965 La Loma Drive, request to allow further encroach- ment of roof overhangs and new buttress supports into setback, and to al- low location of "False" walls 15' in height in setback area based on find- ings as supported in the January 20, 1988 Staff Report. ROLL CALL: AYES: Commissioners Carico, Emling and Acting Chairman Kaufman NOES: Commissioners Patmore, Struthers and Stutz ABSENT: Chairman Yanez The applicant was informed of the ten day appeal process to the City Coun- cil. Commissioner Struthers indicated that if the applicant could reduce the pillars, she could then favorably approve the variance request, suggesting that this item be continued for redesign. MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Stutz and passed by the following roll call vote to continue the Lands of Miller, File #VAR 29-87 and Site Development Permit to the next possible meeting for redesign. LANDS OF EARNEST, 27766 Stirrup Way, File #CUP 8-87, Request for ap- proval of Conditional Use Permit for attached secondary dwelling unit, and Site Development Permit for New Residence with attached secondary dwelling unit. Ms. Scott referred to Staff Report dated January 20, 1988 informing Com- mission the applicant has submitted an application for zoning and site de- velopment permits to construct a new residence, noting the proposal is to be completed in two phases, the first will be construction of garage and second unit, to allow applicant to live in the second unit until construc- tion of main house is completed as Phase II. Ms. Scott informed Commis- sion the garage and second unit measure 1,000 sq.ft. in total, with the second unit 230 sq.ft. Ms. Scott recommended that the Planning Commission approve the Conditional Use Permit for the attached secondary dwelling unit as the proposal meets the necessary findings per Municipal Code Sec- tion 10-1.1107 (1) as supported in January 20, 1988 staff report, and recommended conditions of approval attached. Commissioner Kaufman questioned if there were any health and safety issues relating to construction of second unit and living in it while construct- ing main residence; and questioned the flat pad already existing on the lot. Mr. Ekern informed Commissioners there are no health and safety is- sues, noting they will be connected to the sanitary sewer system. With regard to the pad, there's much concern and past confusion by the devel- Planning Commission Minutes - January 27, 1988 Page Five oper (Bas Homes), noting this proposal has been reviewed by William Cotton and conditions of approval have been incorporated into the Site Develop- ment recommended Conditions of Approval. The Public Hearing was then opened. Mr. Ian Earnest, Dianne Drive, informed Commission he would like to in- stall grading, foundation and framing, and expect to complete main struc- ture within one year. With regard to the concerns raised by staff in the site development report, Mr. Earnest informed Commission he met earlier in the day with Bill Ekern for advise on drainage and grading, asking Commis- sion to approve the request for Conditional Use Permit and Site Develop- ment Permit subject to conditions of approval as listed in staff reports. Mr. John Hansen, 27728 Stirrup Way, with regard to the driveway, Mr. Hansen noted he was not aware of any agreement for a combined driveway ac- cess, noting it is not in the Title Report for his property and was never informed of this by the developer, noting he has no desire to share driveway, due to safety concerns and drainage problems. Mr. Hansen in- formed Commission he would prefer two separate driveways with landscaping in between. Mr. Eddie Leung, 27754 Stirrup Way, (also representing Mr. Matovich) ques- tioned why property was not staked, noting he could not tell where driveway and structures were to be located. Mr. Leung questioned who was noticed for this hearing, informing Commission he is very concerned as are other neighbors over the applicant's only constructing the garage and sec- ond unit and not completing the main residence. Mr. Leung referred to the Saddle Mountain Subdivision CC&R's which states no structure is allowed under 2,000 sq.ft., informing Commission he does not feel this type of ap- plication is acceptable. Acting Chairman Kaufman informed Commission and Mr. Leung the Town does not have the authority to enforce CC&R's, only the Town Ordinances, noting the proposed structure is larger than 2,000 sq.ft. Mrs. Judy Hood, 14345 Saddle Mountain Drive, (also representing Dr. and Mrs. Garbin), raised concern over driveway entrance; existing drainage problems; and views of proposed second unit and garage unit from off site during construction of the main residence, Mrs. Hood felt that the con- struction site would be an eyesore. Mrs. Hood asked the Commission to place a limit on the time of construction from the second unit to the main residence. Commissioners explained to the public the applicant is requesting to con- struct the second unit and garage as the first phase of this process and will live in the unit during construction of the main house, noting the shell of the house must also be started at time of second unit as the residence and garage is all one structure, further indicating this proposal is not exceeding any of the Zoning ordinances with regard to MDA or MFA, does not require a variance and the only reason it is before the Commission is for the Conditional Use Permit for the second unit struc- ture. Planning Cotnniaaion Minutes - January 27, 1988 Page Six Mr. Ekern informed Commission and public the Site Development Permit re- quires the main residence be completed within two years. * Mr. John Hansen, raised one additional concern over how construction ,W vehicles would gain access to the construction site, informing Commission he will not authorize any vehicles over his driveway, noting his concerns over his families safety. Mr. Hansen further indicated that if it is the case that his driveway was constructed over Mr. Earnest lot, that he wants the driveway moved and placed entirely on his property (Hansen), and would very much like an explanation and documents from the City on how this oc- curred. Mr. Ekern informed Commission and public this is a legal question which must be directed to the City Attorney for interpretation and clarifica- tion. Commissioners indicated they would have to continue this item for clarification on the driveway and drainage concerns, but would like to review the Site Development aspects of the proposal informally. Commis- sioners concurred there are no problems with the applicant constructing the garage and second unit and living in the second unit during construc- tion of the main residence. Mr. Ekern referred to Staff Report dated January 21, 1988 informing Com- mission the staff has recommended denial of the Site Development Permit based on the following reasons: 1) grading proposed is excessive; 2) drainage system will serve to concentrate the runoff from the hardscape into one location on an unprotected steep hillside; and 3) directing of the hillside water and the driveway parking area water directly down the driveway of 27728 Stirrup Way (Hansen) is not an allowable or acceptable condition. Mr. Ekern informed Commission the applicant would need to ob- tain a drainage easement from Mr. Hansen and enter into a Hold Harmless Agreement which would include the Town of Los Altos Hills, noting the simplest solution is to reach accord with the neighbors, recommending the drainage be eventually directed back to the swale. Commissioner Carico noted that this is a very difficult lot, but indicated she felt that the applicant has tried to be sensitive and application meets the zoning ordinances without any variances, noting any off site views can be mitigated with landscaping. Commissioner Emling indicated the applicant has done his homework with regard to the architecture of the proposed structure, but does have much concern over drainage, driveway, etc., as referred to in Mr. Ekern's staff report. Commissioner Stutz indicated she has two main concerns: 1) suggested moving house into hillside 5-8' thereby reducing the bulk from off site views; and 2) grading of flat lawn area in front, suggesting the need for more front yard area, but would recommend it drop gradually. Commissioner Struthers indicated she feels the same as Commissioner Stutz, also raising the same concerns over drainage and driveway, noting the Town would prefer to see only one driveway for both lots, thereby reducing the amount of surface runoff. Planning C=ission Minutes - January 27, 1988 Page Seven Commissioner Patmore concurred with comments made by staff and other com- mission members, noting she has nothing more to add. W Acting Chairman Kaufman concurred with comments made, noting concerns over color, siding and roof materials, drainage and grading can all be ad- dressed at the next meeting when this item is re -scheduled for Site Devel- opment Permit review. MOTION SECONDED AND CARRIED: Moved by Emling, seconded by Carico and passed unanimously to continue the Lands of Earnest, File #CUP 8-87 and Site Development Permit for intrepretation of the driveway access by the City Attorney. LANDS OF VAYNTRUB, 27067 Horseshoe Lane, File #CDP 1-87, File #VAR 33- 87, Request for Conditional Development Permit to allow construction of new residence and garage on a lot with a Lot Unit Factor of .47; request for variance to allow construction of a garage and parking platform which would encroach into setback by 201, exceed maximum height by 101; exceed the maximum highest to lowest height limitation by 1' and intrude into height envelope and to exceed maximum develop- ment area; and Site Development Permit for New Residence Ms. Scott referred to Staff Report dated January 20, 1988 informing Com- mission this is a public hearing to consider a request for Conditional De- velopment Permit to allow construction of a new residence and garage on a lot with a Lot Unit Factor of .47; and to consider a variance request to allow construction of a garage and parking platform which would encroach into setbacks by a maximum of 201, exceed maximum height limit by a maxi- , mum of 101, to exceed the maximum highest/lowest height limitation by 11, intrude into the height envelope and to exceed maximum development area allowed by a maximum of 601. Ms. Scott informed Commission, the Planning Commission performed two previous preliminary reviews on the subject prop- erty, one for George Dai and one for Mr. Vayntrub, noting that the ap- plicant has since his last review made some revisions to plans in response to comments made by Commissioners, noting most concerns raised were over the size of the house on a small lot, visibility and bulkiness and more sinking of the house into the hillside, rotating of structure to conform with contours and the proposal should as much as possible conform with a 5,000 MDA and 4,000 MFA. Ms. Scott recommended that the Planning Commis- sion review the proposal and evaluate whether or not the initial concerns raised during the preliminary review have been addressed, if the Commis- sion feels that the findings can be made to grant the Conditional Develop- ment Permit for the house, garage and parking structure, and to grant the variance for the parking platform and garage, then staff would be able to draft the necessary findings for granting of a variance subject to the re- quired findings per Municipal Code Section 10-1.1107 based on Commis- sioners comments and views. The Public Hearing was then opened. Mr. Alex Vayntrub, 223 Thacther Foster City, informed Commission he has reviewed the staff report, noting it adequately addresses his comments to the Commission. Mr. Vayntrub informed Commission that Mr. Latta has indi- %W . Planning Commission Minutes - January 27, 1988 Page Eight cated he would like to see an extended driveway run along the property line, noting this would create substantial cut and fill and add approxi- mately 1,400 sq.ft. of development area to his proposal and then would be further over the allowed development area limit, asking Commission to ap- %w prove his Conditional Development and Variance Permits. Mr. George Dai, 27073 Horseshoe Lane, informed Commission he objects to the variance request for intrusion into setback for garage, reminding Com- mission he previously had a preliminary review for this property by the Commission and was discouraged by Commissioners to proceed with the devel- opment of the property, due to size of proposed residence, development area restrictions and access concerns. Mr. Dai indicated that the garage is too close to his property, is very visible and sure it would block his view. Mr. Bob Latta, 27061 Horseshoe Lane, informed Commission the plans sub- mitted look very nice, much better than last review, however, there are concerns with the garage structure, as the house height improved, the ga- rage got worse, and gate location is a concern, referring to a driveway easement which runs through his lot for use by the Vayntrub lot. Mr. Latta noted that if the driveway runs on his property, the MDA would count against him not Vayntrub, noting he has no concerns over this, requesting that the Commission request the applicant to revise the driveway to use the driveway easement provided on his property and garage outside of set- back area. The Public Hearing was then closed. Commissioners, staff and applicant discussed the driveway easement loca- I W tion, staff informed Commission that the applicant had previously dis- cussed this option noting this area falls at about 25% slope, rather rapidly and would have to abruptly turn left dropping 10-15', noting this change would do very little in lowering the garage. Commission and staff noted without engineering plans for a differnt access a decision could not be made this evening as to whether this would be the appropriate way to go. Commissioners raised concerns over the garage, noting perhaps it could have a flat roof, lower a couple feet; lengthen driveway. Mr. Vayntrub informed Commission that he had originally started working with the previous City Engineer on this proposal, noting the turnaround is there for specific purpose, noting there is a potential tresspassing prob- lem, there is geological slope problems in the front of the gate, sluffing off, uncompacted fill and very steep going down to Dai landscaping, noting if we started at gate area there would be approximately 15% slope, too much cut and retaining walls needed for support, noting the proposal be- fore the Commission is the best solution, and least impact. MOTION SECONDED AND FAILED: Moved by Stutz, seconded by Carico and failed by the following roll call vote to approve the Lands of Vayntrub, File #CDP 1-88, for a lot with a Lot Unit Factor of .47. ROLL CALL: AYES: Commissioners Struthers and Stutz NOES: Commissioners Carico, Emling, Patmore and Acting Chairman Kaufman ABSENT: Chairman Yanez Planning Nanissian Minutes - January 27, 1988 Page Nine MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Struthers and passed unanimously to continue the Lands of Vayntrub, File #CDP 1-88; File i #VAR 33-87, and Site Development Permit for 27-67 Horsehoe Lane for fur- �/ ther investigation of the driveway access through the Latta property, and redesign of garage by lowering the structure and perhaps incorporating a flat roof. Commissioners suggested that the applicant return with conceptual alterna- tives, showing grades on topography, driveway, garage, site lines, pro- files, etc. G. NEW BUSINESS: 1. Appointment of Planning Commissioner to act on Interview Board for Town Planner Mr. Ekern informed Commission the Town Planner interviews will be held on Monday, February 22, 1988. Commissioners Emling, Patmore and Struthers volunteered. Acting Chairman Kaufman appointed Commissioner Emling to serve as Commis- sion representative. 2. Commissioner Kaufman indicated he needs a replacement for February 16th Site Development Committee Meeting. Commissioner Patmore indicated she would attend in his place. 3• Ms. Scott informed Commission that she has had conversations with Bob Owen with regard to the new residences to be constructed on Three Forks Lane, asking Commission if they would prefer these houses go to the full Planning Commission rather than Site Development Committee for review and approval of Site Development Permits. Commissioners concurred. 4. Commissioner Emling questioned if the Commission would like to support the City Council on legal arguments with regard to the Adobe Creek initia- tive, noting he would very much like to see a letter forwarded to Council from Commission. Acting Chairman Kaufman noted that he did not feel it appropriate for the Commission as a whole to make comment on the initia- tive. Commissioner Carico noted as part of the Oath of Office, we all said we would support our Town Ordinances, noting we should be advised by the City Attorney on this matter. H. OLD BUSINESS: I. ADJOURNMENT: There being no further new or old business, the meeting was adjourned at 11:40 p.m. Respectfully submitted, Leslie Mullins Planning Technician