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HomeMy WebLinkAbout02/24/1988f PLANNING COMMISSION TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday, February 24, 1988 Reel 124, Side I, Tract I, 000 -End Chairman Yanez called the meeting to order at 7:35 P.M. in the Town Hall Coun- cil Chambers. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Carico, Emling, Kaufman, Patmore, Struthers, Stutz and Chairman Yanez Absent: None Staff: Bill Ekern, Director of Public Works, Lori Scott, Acting Town Planner, Leslie Mullins, Secretary City Council Representative: Councilwoman Dronkert LCONSENT CALENDAR: There are no items for approval on the Consent Calendar. 1 C. REPORT FROM CITY COUNCIL MEETING OF FEBRUARY 17, 1988: ICommissioner Emling reported the City Council did not meet on the 17th as there was no quorum. D. REPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF FEBRUARY 16th and FEBRUARY 23rd, 1988: Commissioner Patmore reported the Site Development Committee on February 16, 1988 approved addition and deck for Johnson on Fernhill Drive; and ap- proved mailbox pillar for Male on Berry Hill Court, subject to structure being constructed by placing mailbox on 4"x4" posts, and color to match existing house. Commissioner Struthers reported the Site Development Committee on February 23, 1988 approved swimming pool for Levin on Paseo Del Roble; and approved addition/garage for Flack on Alta Lane North. E. PRESENTATIONS FROM THE FLOOR: F. PUBLIC HEARINGS: kkw 1. LANDS OF CHRISTIANSEN, FILE #VAR 35-87, 25605 Willow Pond Lane, Re- quest for Variance and Site Development for redwood deck constructed without permits in setback area %W Ms. Scott referred to Staff Report dated February 17, 1988 informing Com- mission the applicant is requesting a variance to allow a redwood deck to remain intruding into the setback area by a maximum of 16 1/2', which was built onto an existing non -conforming accessory structure (which the Town has no permit records of). In regards to the required findings per Municipal Code Section 101-1.1107(2) Ms. Scott informed Commission staff could not find there were exceptional or extraordinary circumstances ap- plying to this property, as it is not steep, or of unusual shape or size, recommending that the Commission deny the variance requiest to allow the intrusion of a deck into the setback by 16 1/2'. Mr. Ekern informed Commission staff noticed the deck being constructed while making a site inspection at the Town's property on Rhus Ridge Road, noting no zoning or building permits had been received by the applicant. Mr. Ekern informed Commission if the Commission wishes to grant the vari- ance request, staff has listed conditions of approval which should be made part of their site development permit approval for the deck which was con- structed without permits. Commissioners questioned when the accessory structure was built? Staff informed Commission there are no records of building permits for the ac- cessory structure, noting the main residence was constructed in 1958, and an aerial photograph of the property shows no signs of accessory structure in 1976. �.. The Public Hearing was then opened. Mr. Barry Brooke, Brooke Builders, informed Commission he is not the con- tractor who installed the deck, he is representing the owner for obtaining the required permits at this time. Mr. Brooke also informed Commission Mr. and Mrs. Christiansen were not yet present and would like to continue this item later on agenda until there arrived. Passed by Consensus to continue the Lands of Christiansen to the end of Public Hearings. LANDS OF EARNEST, FILE #CUP 8-87, 27766 Stirrup Way, Reconsideration of Conditional Use Permit and Site Development Permit for New Residence and attached second unit Ms. Scott informed Commission the Conditional Use Permit staff report was reviewed at the last hearing, and would answer any questions commissioners may have. Mr. Ekern referred to Conditions of Approval for the Site Development Permit for the new residence as listed in the February 19, 1988 Staff Report. With regard to the agreement presented to the Commission from Mr. Earnest this evening, Mr. Ekern informed Commission staff has not yet reviewed the document, and would require a review by the City Attorney as the agreement includes the Town of Los Altos Hills. Mr. Ekern informed Commission there are still major concerns over the drainage on this pro - 4W ject. -2- The Public Hearing was then opened. Mr. Ian Earnest, 12769 Dianne Drive, presented Commission with a letter from his Civil Engineer with regard to handling the drainage on the prop- erty, noting however, his engineer and attorney have not yet present if any questions came up on this letter. Passed by Consensus to continue the Lands of Earnest to end of Public Hearings to allow representatives to be present. 3. LANDS OF VAYNTROB, FILE #VAR 33-87 and CDP 1-88, 27067 Horseshoe Lane, Reconsideration of Variance, Conditional Development Permit and Site Development Permit for New Residence Ms. Scott referred to Staff Report dated February 17, 1988 informing Com- mission this item was continued from the January 27, 1988 meeting due to many concerns raised over the driveway and garage, requesting that the ap- plicant investigate alternative designs. Ms. Scott informed Commission the applicant has submitted revised site plan demonstrating a potential alternative which would involve a much longer driveway and location of ga- rage and parking structure at the side of the structure, noting although this alternative addresses the concerns raised at the past meetings by Mr. Latta it does involve considerable earth work in its implementation. Ms. Scott informed Commission that the variance would still be required with the new submittal as the parking structure and a small portion of the ga- rage would be located within setback area, noting staff recommends that the Commission review both the original and alternative proposals to determine which will cause the least amount of impact to the lot and sur- rounding neighbors, and when determined which proposal is the most accept- able, staff recommends the Commission approve the variance based on the required findings per Municipal Code Section 10-1.1107(2) (3) as the can be met as shown in the February 17, 1988 staff report. With regard to the Conditional Development Permit, Ms. Scott noted required findings can be made as shown in the February 17, 1988 staff report, noting she would pre- fer to make the findings when it is known which proposal is acceptable to the Commission. The Public Hearing was then opened. Mr. Alex Vayntrub, 223 Thatcher Lane Foster City, refreshed Commissioners memory on the past public hearings on this project, informing Commission he has presented staff and commission with an alternative per the January 27 meeting, noting he has included a deck in the amount of 450 sq.ft. which he would like to include into the variance request, noting it will extend around the house. Commissioners discussed with Mr. Vayntrub and staff the construction ac- cess, easement on Latta property and proposed driveway construction. Mr. George Dai, 27073 Horseshoe Lane, informed Commission he has reviewed the latest submittal by Vayntrub and find the proposal to be acceptable, with one concern over the grading for the driveway which will require relocating of gas and water lines. With regard to access from below, Mr. Dai informed Commission when Mr. Nakajima constructed his residence, the cx7 ( leachfields may be extended too close to access, not sure it could accom- modate heavy construction vehicles. Mr. Bob Latta, 27061 Horseshoe Lane, informed Commission Mr. Vayntrub has addressed concerns of neighbors very well, noting there is only one con- cern left and that is the replacement of the gate for driveway construc- tion, as referred in my memo to the Commission. The Public Hearing was then closed. Commissioners discussed the alternative plan submitted, noting plan lacks detail, suggesting the applicant return to Commission at the next avail- able meeting date with detailed plans for review of the alternative plan for Variance and Site Development Permit for New Residence, with a modified variance request to include the 450 square feet of decking re- quested by Mr. Vayntrub. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Stutz and passed by the following roll call vote to continue the Lands of Vayntrub, File #VAR 33-87 and File #CDP 1-88, 27067 Horseshoe Lane, to allow ap- plicant to bring in detailed Site Plans based on alternative proposal received at the Planning Commission meeting on February 24, 1988. ROLL CALL: AYES: Commissioners Emling, Kaufman, Patmore, Struthers and Stutz NOES: Commissioner Carico ABSTAIN: Commissioner Yanez Commissioner Carico noted she voted against this motion because she pre- fers the applicant pursue his original proposal. 4. LANDS OF PACKARD, File #VAR 3-88, 26580 Taaffe Road, Request for Vari- ance for fence over height and along roadway Ms. Scott referred to Staff Report dated February 17, 1988 informing Com- mission Mr. Packard recently obtained zoning/site development and building permits to construct 6 and 7 foot fences for the purpose of protecting apricot orchard plantings, noting Mr. Packard is requesting a 7' high fence in setback area and 6' at road right-of-way, as shown on site plan prepared by Brian, Kangas & Foulk Associates. Ms. Scott recommended that the Planning Commission approve the variance request to exceed the allowed fence height in setback area by 1' and to exceed the allowed fence height along roadways by 1 foot based on required findings per Municipal Code Section 10-1.1107 (2) as shown in February 17, 1988 staff report. Commissioners questioned how far off roadway is fence on Elena Road; is there a conflict with pathway; and can this variance be conditioned only for use with apricot orchard; and has work already started? Staff in- formed Commission the fence is 40' from centerline of roadway; there is no conflict with pathway; awkward to condition variance for use only as apricot orchard,noting staff has left message with City Attorney to find out if this is possible; and yes construction has begun in areas that ( received zoning/site development and building permits, which did not re- rI quire variance approval. -4- The Public Hearing was then opened. Ms. Pat Webb, Brian, Kangas & Foulk Associates, referred to Mr. Packards letter to the Commission and site plans prepared showing areas of needed variance for protection of apricot orchard plantings, noting the need for variance is to increase height of fence along brushline of the area which follows the riparian habitat, noting it will not cut off the deers access to the creek, it will only keep them away from the newly planted orchard trees. Ms. Webb informed Commission the fence is to be slanted and would be difficult for animal to scale, very low impact, very open wire mesh no barbed wire is to be installed. Ms. Webb informed Commissioners Mr. Pack- ard has spoke with his neighbors and there are no objections to this fence variance request, thereby requesting approval of the variance proposal, as recommended in the February 17, 1988 staff report by Ms. Scott. The Public Hearing was then closed. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Carico and passed unanimously to approve the Lands of Packard, File #VAR 3-88 26580 Taaffee Road to allow an increase in fence height to 7' in setback area and increase in height to 6' along roadway as shown on site plans dated "Received, February 12, 198811. LANDS OF CHRISTIANSEN, FILE #VAR 35-87, 25605 Willow Pond Lane Mr. Brooke informed Commission Mr. and Mrs. Christiansen have not yet ar- rived. �I 2. LANDS OF EARNEST, FILE #CUP 8-87, 27766 Stirrup Way The Public Hearing was opened. Mr. Charles Nell, Attorney representing Mr. Earnest, reviewed the staff report prepared by Mr. Ekern and referred to proposed agreement between Mr. Hansen, Mr. Earnest and the Town, noting the agreement has not yet been reviewed or approved by Mr. Hansen, however, asking Commission for approval of the Site Development Permit for construction of new residence with a condition that the Agreement be entered into prior to building permit issuance. Mr. Ekern reminded the Commission the agreement presented to the Commis- sion must be reviewed by the City Attorney prior to any approvals being granted on the document. Mr. Hansen, 27778 Stirrup Way, questioned if the panhandle would count against his development area? Mr. Ekern informed Mr. Hansen the panhandle does not count towards development area. With regard to the agreement presented to the Commission, Mr. Hansen noted he has received it, but it has not yet been reviewed or approved by his attorney. Mr. Eddie Leung, 27754 Stirrup Way, informed Commission at the last review { he strongly objected to this application, noting there is no way he can `• identify where the proposed house and driveway are to be located as they have not been staked. -5- 42/ The Public Hearing was then closed. Commissioners, applicant and staff discussed the proposed drainage. Mr. Ekern noted this issue must addressed, noting the applicant has not yet submitted a complete design, recommending either: 1) collect water at low point and obtain an easement from Mr. Hansen; or 2) concentrate all water on Earnest property. Commissioner Struthers questioned location of dis- sipators, noting they are too close to Mr. Nansens property, suggesting the dissipator at least be moved to setback to minimize the impact of Mr. Hansen. Mr. Ekern noted there is a Conservation Easement which we don't want them to cut into, noting we will allow water to spread down to the dissipator, noting we want to get the water away from the house. Mr. Ian Earnest informed Commission with regard to the color of house, he is proposing earthtone, oregon field stones and cedar roof. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Emling and passed by the following roll call vote to approve the Lands of Earnest, Site Development Permit subject to conditions of approval attached to the February 19, 1988 Staff Report and including amendment to condition #8 as follows: #8. An agreement allowing the concentration of water onto 27778 Stirrup Way, acceptable in form to, and approved by the City Attorney shall be recorded prior to any occupancy permit; or alternative drainage plan to the satisfaction of the City Engineering Inspector. ROLL CALL: 46, AYES: Commissioners Carico, Emling, Kaufman, Patmore, Struthers and Chairman Yanez NOES: Commissioner Stutz MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Carico and passed unanimously to approve the Lands of Earnest, File #CUP 8-87, Condi- tional Use Permit to allow a Second Unit (attached) 241.5 square feet sub- ject to Conditions of Approval as listed in the January 20, 1988 staff report. 1. LANDS OF CHRISTIANSEN, FILE # VAR 35-87, 25605 Willow Pond Lane Mr. Barry Brooke informed Commission Mr. and Mrs. Christiansen have not yet arrived. MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Patmore and passed unanimously to continue the Lands of Christiansen, File #VAR 35-87 to March 9, 1988 meeting. G. NEW BUSINESS: LANDS OF ADORNATO, 27460 Altamont Road, Request for Preliminary Review for carport structure already constructed within the Setback Area Ms. Scott referred to Staff Report dated February 17, 1988, informing Com- mission after several meetings with staff regarding the possibility of a variance to allow the recently constructed carport to remain in the set- back, the Adornato's requested a preliminary review from the Planning Com- mission regarding their views on the merits of such a variance request. Ms. Scott referred to letter and site plans received from Dr. and Mrs. Adornato which adequately describes their situation. Dr. Bruce Adornato, 27460 Altamont Road, informed Commission they pur- chased property two years ago and have been troubled by the lack of ga- rage, noting all neighbors in area have carports, garages, presenting their letter and site plans for the Commissioners review, as well as a slide presentation of the carport already constructed as how it is viewed from neighbors property and roadway. Dr. Adornato informed Commission there are many structures in this neighborhood which are within the set- back area. Commissioner Patmore raised concern over issuing a variance for develop- ment within setback area and future expansion of the residence, noting she had requested staff investigate if the variance could be taken away at a later date if this were to occur. Commissioner Patmore noted the roof material is quite reflective. With regard to a possible variance, Commis- sioner Patmore noted her vote on a variance would depend upon the Staff Report. Ms. Scott informed Commission she has not been able to ask the City Attorney on this matter as he is out of Town this week, but will check with him when he returns. Commissioner Emling questioned if there was ever a garage on this struc- ture? Commissioner Emling also noted there are other areas on this prop- erty where a carport could be constructed without encroaching into the setback. Dr. Adornato informed Commission there was but it was in the past converted into bathroom. Commissioner Carico noted she could not approve an illegally placed struc- ture in the setback area, asking if staff could also investigate the structures in the neighborhood which are also located within setback area? Commissioner Carico noted she did not find the structure objectionable. Mr. Ekern informed Commission staff could investigate, but noted most structures are most likely pre-existing. Commissioner Kaufman also noted he did not think he could not approve a carport into setback area, noting the roof from roadway looks tin, too reflective. Chairman Yanez noted the structure is not obtrusive, not encroaching onto Altamont Road, but on side yard setback along neighboring property line, well landscaped for screening, noting he would not have a problem with it being located within setback area. Commissioner Struthers indicated the roof and its reflectiveness will dull and dirty rather quickly, noting the structure is very pretty, however noting she is not fond of structures being placed within setback area. 2. Letter from Mrs. Sietski Rauwendaal, 12693 Roble Veneno Lane regarding regarding fencing around swimming pool 4 Chairman Yanez informed Commissioners he went to meet with Mrs. Rauwendaal, noting she has gathered much information on drowning victims, bG etc. and would very much like to address the Commission, but could not be here this evening. Commissioner Emling noted the Safety Committee should also make a presentation to the Commission at the same time as Mrs. Rauwendaal. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Carico and passed unanimously to agendize the request from Mrs. Rauwendaal for later agenda and place under "Old Business", staff to coordinate with Mrs. Rauwendaal and Safety Committee, and present any past actions the Planning Commission took on fencing requirements around swimming pools. 3. Regional Leadership Forum Commissioners indicated they would be very interested in attending this conference if there is money in the budget. Councilwoman Dronkert informed Commission she and past Councilmember Al- lison attended and felt this conference was very beneficial and would recommend the Commissioners attendance. 4. Commissioner Emling informed Commissioners that he served on the in- terview board for a new Town Planner, noting there were 5 applicants, and we have narrowed it down to 2 for City Manager to interview and decide on the new Town Planner, thanking Commissioners for the opportunity to serve on the Interview Board, along with Ms. Lytle, Debra Nelson from Los Altos, Don Wolfe from Woodside and Bill Ekern. Mr. Ekern informed Commission the City Manager will be conducting final interviews on Friday, with high hopes of a new Planner on board very shortly. Commissioner Stutz left meeting at 10:30 p.m. H. OLD BUSINESS: 1. Saviano Barn, 12444 Robleda Road Mr. Ekern informed Commission at the last meeting, Commissioner Stutz re- quested staff investigate the barn located on the Saviano property at 12444 Robleda Road, noting Stutz recalled when the house went through Site Development Committee that a condition was made that the barn was to be removed, or the house reduced to allow it to remain. Mr. Ekern noted staff did not find this to be a condition of approval for the site devel- opment permit, and checking the MFA/MDA calculations it would not be necessary to reduce as all structures conform to the zoning ordinance. I. ADJOURNMENT: There being no further new or old busisness, the meeting was adjourned at 10:57 p.m. Respectfully submitted, Leslie Mullins Planning Technician -8—