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HomeMy WebLinkAbout04/13/1988PLANNING COMMISSION TOWN OF LOS ALTOS HILLS 04w,26379 Fremont Road Los Altos Hills, California Wednesday, April 13, 1988 Reel 125, Side II, Tract I, 060 -End; Side I, Tract II, 000-390 Chairman Yanez called the meeting to order at 7:33 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, Sally Lyn Zeff, Planning Director, Leslie Mullins, Planning Technician City Council Representative: Councilwoman van Tamelen B. CONSENT CALENDAR: Chairman Yanez requested the minutes of March 23, 1988 be amended to in- clude wording that the cottage is also into the setback area not only the deck. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Yanez and passed unanimously to approve the Consent Calendar, specifically minutes of March 23, 1988 as amended. C. REPORT FROM CITY COUNCIL MEETING OF APRIL 6, 1988: Commissioner Emling reported the City Council on April 6, 1986 discussed a letter of concern from Mr. Penn on Menalto regarding fees charged by the Town Geologist on his project, noting no fee reduction was made; Appeal of Planning Commission decision on Charvez Development, Lot #1 O'Keefe for circular driveway, noting Council overturned Commission decision and al- lowed one circular driveway for the subdivision on this lot; San Antonio Hills Annexation - LAFGCO meeting continued by request of Town to a meet- ing in June; discussion of Video Engineering proposal for Cable. Chairman Yanez informed Commission with regard to Mr. Penn's concerns over the charges of the Town Geologist, Yanez noted he discussed this item with the City Manager and requested this be looked into, as an applicant must hire a Geotechnical Consultant to prepare a report and inspect the project and then the Town turns around and sends this report to the Town Geologist for review and then the applicant gets charged for this review. DREPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF MARCH 29, APRIL 5 AND � APRIL 12, 1988: Commissioner Patmore reported the Site Development Committee on March 29th ' approved landscape plan and driveway modification for Hopkins on Avila Court, with a color of structure to be less reflective; approved landscape plan and swimming pool for Lyman on Wildflower; approved swimming pool, waterfalls, and landscape for Simpson on Mir Mirou Drive; and approved tennis court for Mahajan on Rebecca Lane. Commissioner Emling reported the Site Development Committee on April 5, 1988 approved Addition and driveway modification for Rosenfeld on Mag- dalena; swimming pool approved for Dawson on Mir Mirou Drive; landscape plan for Wubbels on La Paloma approved. Commissioner Kaufman reported the Site Development Committee on April 12, 1988 continued the first item on the Agenda to the following week for re - notification to all properties within 300'; continued driveway modifica- tion review for Sun (Saviano) property on Robleda; approved addi- tion/remodel for Tu on Palo Hills Drive; approved landscape plan for Dek- raker on Deersprings Way. E. PRESENTATIONS FROM THE FLOOR: F. PUBLIC HEARINGS: 1. LANDS OF ALEPIN, FILE #CUP 7-87, 11920 Rhus Ridge Road, Request for approval of Conditional Use Permit for secondary dwelling unit Ms. Zeff referred to Staff Report dated April 4, 1988 informing Commission this is a public hearing to consider a request for a conditional use permit for secondary dwelling unit, noting it was discovered by staff after receiving a complaint from a neighbor that a guest cottage on the property had been illegally converted to a dwelling unit, (prior to the Alepin's purchasing the property), noting in addition to the guest house there is an art studio of 1,000 sq.ft. on the lot. Ms. Zeff informed Com- mission the Alepins were informed no permits had been obtained by the pre- vious owners to convert the garage to the guest cottage, and then applied for a Conditional Use Permit, referring to staff report for the Planning Commission meeting on December 9, 1987 which was continued for an opinion by the City Attorney with regard to a guest house, art studio and main residence on one lot. Ms. Zeff informed Commission the art studio is an existing structure and use, initiated legally, and has apparently never been used for dwelling unit, staff recommends that the application for CUP to legalize the existing guest cottage be approved with conditions as listed in the April 4, 1988 Staff Report, which would prevent the art studio from being used as a dwelling unit. The Public Hearing was then opened. Mr. Pete McCloskey, Woodside Road, representing owners, informed Commis- sion they accept the staff recommendations, and suggest that the Commis- sion look at the art studio mircrofilm records on file at Town Hall as they indicate "Not a Living Unit", noting the studio was constructed by the next door neighbor who also registered the complaint with the Town with regard to its use. y The Public Hearing was then closed. Commissioners and staff discussed what constitutes a secondary dwelling unit as per zoning ordinances and current policy statement. Commissioner Carico requested that the definition for secondary dwelling units be placed on a future agenda for discussion. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Yanez and passed unanimously to approve the Lands of Alepin, File #CUP 7-87, 11920 Rhus Ridge Road, subject to the Conditions of Approval as recommended in the Staff Report dated April 4, 1988. 2. LANDS OF VAYNTRUB, FILE #VAR 33-87, #CDP 1-88, 27067 Horseshoe Lane, Request for approval of Conditional Development Permit, Variance and Site Development Permit for new residence on a lot with Lot Unit Fac- tor under 0.5 and not conforming to the Maximum Development Area and height limit regulations Ms. Zeff referred to Staff Report dated April 6, 1988 informing Commission this application, in various forms, was previously heard by the Commission in January and February 1988, noting since that time the project has been redesigned, as the applicant is now requesting a variance to exceed the allowed development area by 460 sq.ft., and height limit by 2 1/21. Ms. Zeff informed Commission as this lot is exceptionally steep, the lot unit factor is less than .05 requiring approval of a Conditional Development Permit. Ms. Zeff informed Commission the applicant in his reasons for the variance notes that the fact the lot was created under older regulations and that it is a very steep and difficult site do support the granting of 46, a variance in the MDA and height, however, noting staff recommends denial of the requested variance as all four findings for a variance under Municipal Code Section 10-1.1107 must be met. Ms. Zeff further noted if the variance is denied, the project would not conform to zoning require- ments, and therefore the Conditional Development Permit and Site Develop- ment Permits should be denied as well, recommending that the Commission direct the applicant to propose a project that conforms to the zoning and site development ordinances. The Public Hearing was then opened. Mr. Vayntrub, 223 Thatcher Lane Foster City, expressed concern to the Planning Commission over the recommendation of denial made by staff, noting he has been before the Commission several times and thought he had made the necessary modifications as requested at the last hearing, asking Commission to grant approval of this requested variance, conditional de- velopment permit and site development permit for construction of a new residence. Commissioners, staff and applicant discussed the amount of development area calculated for driveway, need for deck around the structure to break up the facade. Mr. Bob Latta, 27061 Horseshoe Lane, addressed the Commission on the fol- v lowing issues: noting the coverage area requested has no impact on is 3 property; decks are very important for breaking up facade as mentioned; height has no adverse impact as it is well below his living area; concern over Arastradero Road access and the removal of fill on this property, noting this submittal is the best so far. Mr. Latta informed Commission he has spoke with Mr. Dai on the telephone regarding this latest submittal and he is satisfied with the design and only expressed concern over Arastradero Road access. The Public Hearng was then closed. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Yanez and passed unanimously to approve the Lands of Vayntrub, File #CDP 1-88, 27067 Horseshoe Lane, for Conditional Development Permit with an allowed 5,000 sq.ft. development area and 3,534 sq.ft. floor area. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Struthers and passed unanimously to approve the Lands of Vayntrub, File #VAR 33-87, 27067 Horseshoe Lane, for a variance to exceed the allowed development area by 460 sq.ft. and allowed height limit by 2 1/2' based on findings as required per Municipal Code Section 10-1.1107 (b)(2) as addressed by Mr. Vayntrub in his letter received March 24, 1988, with a modification to finding #1, as follows: 1. There are exceptional and extraordinary cir- cumstances and conditions applying to the subject property. This is an older lot, created in May 1961. Under todays zoning it would not have qualified as a lot. The ordinances that were in effect at that time can be met, but the current ordinances make complete compliance exceptionally difficult. (Delete remainder of this finding as listed in March 24, 1988 letter from Mr. Vayntrub) Commissioner Carico added she voted in favor of this approval as based on Mr. Vayntrubs findings dated March 24, 1988 and that he has done everyth- ing the Commission had previously requested he modify and has met his neighbors concerns. Mr. Ekern referred to Staff Report dated April 5, 1988 recommending the Commission approve the subject Site Development Permit for construction of a new residence based on the conditions of approval attached to the staff report, with a modification to condition #3 regarding excavated materials; and noting if Commission determines that access should be allowed to Arastradero Road for the purpose of construction, he recommends access be granted from Arastradero Road subject to the four conditions listed on page two. Mr. Ekern also noted that the County will need to grant access to Mr. Vayntrub for access from Arastradero Road. Mr. Ekern informed Com- mission Mr. Vayntrub is planning on enclosing the lower portion of the residence with rock facing, which will add to the bulkiness of the struc- ture. Commissioners discussed with applicant not enclosing the lower portion and leaving it open like the Scharfetters residence proposed to be constructed on La Cresta, as it will create less impact and soften the structure from off-site views. Commissioners, staff and applicant discussed a 10' pathway easement to be located inside the reserve area for a future pathway purposes, suggesting Z/ a rip rap headwall which goes to the 15' reserve be brought back to the 25 contour. Mr. Vayntrub informed Commission the roof is proposed to be shingle, and the house painted earthtones. �W' MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Stutz and passed unanimously to approve the Site Development Permit for the Lands of Vayntrub, subject to conditions of approval attached to Mr. Ekern's staff report dated April 5, 1988 with the following amendments: #3. The ex- cavated material may be stockpiled on site until the time of landscape plan submittal. At such time, plans depicting the proposed use and grade changes are to be submitted to the Site Development Committee for review and approval. #4. Access for construction purposes only from Arastradero Road is allowed, subject to the following conditions (as listed as a,b,c,and d on page two of the April 5, 1988 staff report); New condition #15. Applicant shall allow pedestrian/equestrian access along the existing fifteen foot (15') reserve for future widening; New condition #16. Rip - rap headwall shall be brought back to contour elevation 25, to the satis- faction of the Engineering Inspector. 3. LANDS OF THE POOR CLARES, FILE #CUP 5-88, 28210 Natoma Road, Request for Conditional Use Permit Modification and Site Development Permit for construction of storage and maintenance access building Ms. Zef£ referred to Staff Report dated April 8, 1988 informing Commission staff recommends that this item be continued to the next Commission hear- ing to allow staff to determine what kind of permit the applicant should be applying for. fi(' Passed by Consensus to continue this item. r' Commissioner Stutz requested when this item returns that the applicant submit a full site plan of the entire property. 4. LANDS OF CARSE, FILE #CUP 6-88. 27125 Taaffe Road, Request for ap- proval of Conditional Use Permit and Site Development Permit for secondary dwelling Ms. Zeff referred to Staff Report dated April 6, 1988 informing Commission the Carse's are currently constructing a new residence at the corner of Taaffe and Altamont Roads, and are now proposing a 785 sq.ft. secondary dwelling unit which meets all zoning ordinances, recommending approval of the request Conditional Use Permit subject to the conditions as listed in the April 6, 1988 staff report, and subject to the recommended site devel- opment permit conditions as listed in Mr. Ekerns staff report dated April 6, 1988. The Public Hearing was then opened. Mr. Steve Fillipoff, The Steinberg Group, informed Commission the ap- plicant agrees with the recommended conditions of approval and requests Commission approve the subject Conditional Use Permit and Site Development Permit for the requested secondary dwelling unit. The Public Hearing was then closed. Commissioners discussed the siting of the proposed second unit, noting it will be easily screened from view, and in a much better location than originally shown when the residence came through for Site Development Permit approval with the residence. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Stutz and passed unanimously to approve the Lands of Carse, File #CUP 6-88, for a 785atot 1988 squared ftsecond ary6dwellingtunitRsubject to Conditions of Approval as t. MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Patmore and passed unanimously to approve the Lands of Carse, Site Development Permit for secondary dwelling unit subject to Conditions of Approval attached to the April 6, 1988 Staff Report. 5. LANDS OF DAUGHTERS OF CHARITY, FILE #CUP 2-88, 26000 Altamont Road, Request for modification to Conditional Use Permit and granting of Site Development Permit to allow addition of a chapel to existing seminary, construction of new residence and new conservatory Ms. Zeff referred to Staff Report dated April 7, 1988 informing Commission the original Use Permit was approved in 1966, and amended in 1968, 1970, 1977, 1980, 1982 and 1983, noting the requested modification to the Use permit to allow the addition of a chapel to the existing seminary, con- struction of a new residence building, and construction of a new conserva- tory would not exceed the uses for which the original Use Permit was granted: an orphanage, convent, and the administration thereof, in the 4L ownership of the Daughters of Charity, as well as the administrataive W headquarters of the Western Province of the Daughters of Charity. Ms. Zef£ recommended the Planning Commission: 1) In accordance with Condition #3 of the Conditions of Approval of the Conditional Use Permit, review the permit; 2) Approve modification of the Use Permit to allow the proposed additions subject to: a) additional development on the site shall be only as shown on the approved site plans, floor plans and elevations; and b) additional development on the site shall not result in the number of resi- dents on the 45 acre parcel exceeding 100 people, the limit set by the original conditions of approval; and 3) approve the requested site devel- opment permit subject to the conditions of approval attached to Mr. Ekerns staff report dated April 5, 1988. Chairman Yanez informed Commission there are two letters in front of the Commission in their in baskets: one from Mr. and Mrs. Ferrari and one in response to their letter from Sister Theresa. The Public Hearing was then opened. Mr. Paul Stanaford, Project Manager, presented Commission with renderings of the proposed structures, noting they agree with the Conditions of Ap- proval as recommended by the Planning Director and Director of Public Works and request approval of the amendment to the Use Permit. Mr. Stan ford noted the buildings will blend in with existing structures on the property as they will be stucco with fire retardant roofing, single story with exception of chapel. 6 Mr. Ferrari, 25860 Altamont Road, expressed concern over the amount of de- velopment the Daughters of Charity have been granted over the years they (01 have been at this site, noting it is time for the Town to look carefully at this site and their requests, noting he was told at the last amendment for the addition of the caretakers unit that there would be no further de- velopment to this property. Mr. Ferrari indicated that the lights at night are very bright and visible from his property. Maria Ferrari, 25800 Altamont Road, expressed concern over the amount of growth that has occurred over the years on this property, asking Commis- sion or the Daughters what the overall growth is expected. Ms. Zef£ informed Commission and public there is an overall plan in the Daughters of Charity Use Permit file. The Public Hearing was then closed. Commissioners, staff and applicant discussed the proposed structures with regard to color and existing mature vegetation for screening of the struc- tures from off site, past drainage problems on the property and new drainage system installed at the time of the parcel map approval for the lot lind adjustment in 1980, and need for lighting to be shielded from off site, and number of residents on the property allowed under the exist- ing Use Permit. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Struthers and passed unanimously to approve the Lands of Daughters of Charity, File #CUP 2-88, modification to Conditional Use Permit subject to the conditions as recommended in the April 7, 1988 Staff Report and new addition Condition #14, to read as follows: Outdoor lighting shall use the minimum wattage lights which will safely illuminate the area. Outdoor light sources shall be shielded so as not to be directly visible from o££ -site. Mr. Ekern referred to Staff Report dated April 5, 1988 informing Commis- sion if they approve the Site Development Permits for addition of chapel to existing seminary, new residence and new conservatory, they should make the approval subject to the Conditions of Approval as recommended in the April 5, 1988 Staff Report. Commission, staff and applicant discussed including a condition into the site development permit approval relating to the pathway easement as re- quested by the Pathway Committee, applicant informed Commission the prop- erty is currently being surveyed for the revised easement location. Commissioner Stutz expressed concern over the amount of development being requested with this current application, noting the last review by the Commission we were told that would be the last addition to the property, suggesting there needs to be a limit to what is proposed on this property and the allowed number of residents. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Yanez and passe y t e o ow ng roll call vote to approve the Site Development Permit for addition of chapel to existing seminary, new residence and con- servatory, subject to Conditions of Approval as recommended in the April 5, 1988 Staff Report and as amended as follows: Condition N2. Deleted; Condition d3. to be revised to include recommended conditions per Stu Far- well, Los Altos Fire Department in his February 24, 1988 memo; and New AW Condition N9. Pathway Easement dedication shall be to the satisfaction of the City Engineering inspector and Pathway Committee. ROLL CALL: AYES: Commissioners Carico, Emling, Kaufman, Patmore, Struthers and Chairman Yanez NOES: Commissioner Stutz ABSENT: Commissioner Kaufman 6. LANDS OF FRITZ, FILE $CDP 1-88, 13074 La Cresta Drive, Request for Conditional Development Permit and Site Development Permit for con- struction of additions to existing residence Ms. Zeff referred to Staff Report dated April 8, 1988 informing Commission the proposed additions would be located in areas now covered with decks and counted as development area, in addition some of the asphalt paving on the lot will be removed, with the result that the total Development Area on the lot will be reduced under the proposed project. Ms. Zeff indicated the floor area will increase as the results of the additions to the house, but the total floor area as a result of the project will be 4,000 sq.ft., at the maximum. Ms. Zeff recommended to the Commission that they approve the requested Conditional Development Permit based on the required find- ings per Municipal Code Section 10-1.1107 (c) and Site Development Permit for construction of additions to the existing house and decks, and remodeling. 4W The Public Hearing was then opened. Mr. Ray Rooker, Architect, informed Commission the existing residence is a box house with asphalt paving, indicating they want to remove the paving and break up the house facade with use of landscape and decking, asking Commission to grant approval of the Conditional Development Permit and Site Development Permit for the addition/remodel. Mr. Dirk Bartlink, 13170 La Cresta Drive, informed Commission he felt they have a site interference with the proposed new addition as the extension will go well above the existing trees on the property, noting mainly his view from his bedroom will be interfered looking down on the new bedroom and jacuzzi, asking that if they must add on to the residence that plant- ings be installed close to the structure. The Public Hearing was then closed. Mr. Ekern referred to Staff Report dated April 5, 1988 recommending if the Commission grants a Site Development Permit, the conditions attached to the April 5, 1988 Staff Report be included. Mr. Ekern informed Commission the Santa Clara County Health Department has indicated there is a problem with the location of the proposed deck as it is located over the septic tank, noting a condition should be added that the applicant receive Santa Clara County Health Department approval prior to issuance of Building Permit. kw MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Kaufman and passed unanimously to approve the Conditional Development Permit for the Lands of Fritz, File #CDP 1-88, 13074 La Cresta Drive as per the findings attached to the April 8, 1988 Staff Report, with an allowed floor area of 4,000 sq.ft. and development area of 5,000 sq.ft. Commission noted this is an existing legal non -conforming use. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Struthers and passed unanimously to approve the Site Development Permit for construction of additions to the existing residence, including decks and remodel, sub- ject to recommended Conditions of Approval attached to the April 5, 1988, and new conditions as follows: #6. A Landscape Plan shall be submitted to the Site Development Committee for review and approval prior to final inspection. V. Color chip shall be provided at time of landscape plan submittal for approval by the Site Development Committee. #8. Applicant shall obtain Santa Clara County Health Department approval for septic tank prior to issuance of Building Permit. and #9. Headerboards shall be in- stalled along property side of pathway within the road right-of-way. Neary fines shall be left in place. 7. LANDS OF OSHIMA, FILE #TM 1-88, 25891 Fremont Road, Request for Tenta- tive Map for 2 lot subdivision and approval of Negative Declaration Ms. teff referred to Staff Report dated April 8, 1988 informing Commission the Oshimas wish to subdivide their 2.82 acres parcel into 2 lots of 1.496 acres and 1.394 acres, noting because of the shape of the existing parcel, a long and narrow running back from Fremont Road, one of the proposed two lots would front on Fremont Road, and the other, on which the existing house is located, would have access by a private road from Fremont Road. Ms. Zeff referred to recommendations of the Subdivision Committee from their meeting on March 29, 1988. Ms. Zeff recommended that the Planning Commission recommend the following to the City Council: 1) Certify the Negative Declaration; 2) Approve a Conditional Exception for the requested Tentative Map to allow creation of a lot which does not have a 160' build- ing site circle, aad to allow dedication of a 35' wide private street, not meeting the 60' width requirement; and 3) Approve the Tentative Map as requested, with the Conditional Exception and subject to the revised staff recommended Conditions of Approval. Commission discussed misconcept of neighbors who were in the past informed this property could not be subdivided as the lots could not accommodate the 160' diameter circle as required by Municipal Code. Commissioner Kaufman informed Commission the Subdivision Committee re- quested the height restriction for residences due to effect on surrounding properties'privacy and vies, and that the narrow configuration of the lots, a maximum height for any and all structuree is to be 19'. Commissioner Struthers indicated she felt it was more likely the other 6 lots impact these two lots (i.e., next door neighor - Jorgensen), noting here objections to the height limitations. Mr. Oshima, 25891 Fremont Road, informed Commission that when he first k, purchased the property he was told he could subdivide, but never had the 9 opportunity to do so until this time, noting under the current ordinances there is a requirement for 160' circle to which he is requesting an excep- tion. Mr. Oshima expressed concern over the restricted height limitation 4,, suggested by the Subdivision Committee. Mr. Jim Jorgenson, 26000 Torello Lane, raised conern over: 1) drainage from new lot and it's development; and 2) height limit noting he feels it would be very helpful as the subject lot is very long and narrow. Mr. Eric Ingland, 25885 Fremont Road, informed Commission he was told many years ago this property could not be subdivided, asking Commission if they do approve the subdivision to impose a height restriction on the lots. The Public Hearing was then closed. Commission and staff discussed the height of the existing structures in the area (noting most newly constructed homes are 30' in height). Commis- sioners questioned how the height restriction could be enforced. Staff informed Commission unless the conditions are recorded they are not enfor- ceable, noting the only way applicant's would know is if they reviewed the Tentative Map file. Commissioner Patmore questioned if the height limita- tion could be placed on the final map. Staff informed Commission it could. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Stutz and passed by the following roll call vote to place a condition of the tenta- tive map that the final map be recorded with a condition that the height of structures on the Lands of Oshima, Lots #1 & 2 not exceed nineteen feet [((19') in height. 4W ROLL CALL: AYES: Commissinoers Carico, Emling, Kaufman, Patmore and Stutz NOES: Commissioners Struthers and Chairman Yanez ABSENT: None MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Yanez and passed by the following roll call vote to recommend approval of a condi- tional exception to the City Council for the Lands of Oshima, File #TM 1- 88, to allow creation of a lot which does not have a 160' building site circle, and to allow dedication of a 35' wide private street, not meeting the 601width requirement. ROLL CALL: AYES: Commissioners Carico, Emling, Kaufman, Patmore, Stutz and Chairman Yanez NOES: Commissioner Struthers Commissioner Struthers noted she voted against the conditional exception as she felt the 30' is adequate for private street. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Yanez and passed unanimously to recommend approval of the Lands of Oshima, File #1- 68, subject to the recommended conditions of approval in the April 8, 1988. G� NEW BUSINESS: /b 1. Clayton Woods, 27600 Moody Road, County of Santa Clara General Plan conformance and contiguity/annexaton statement. .` Ms. Zeff referred to Staff Report dated Apirl 8, 1988 informing Commissin the Woods's are considering buyia lot at 27600 Moody Road, which is ad- jacent to the City limits, notingbecause the lot is within the Town's Ur- ban Service Area, the County requires that the Town indicate whether or not the Town intends to require annexation prior to development on the lot. Ms. Zeff recommends that as this lot is adjacent to the Town's limits, is within the Town's Urban Service Area, and is located along Moody Road, 'taff recommends annexation prior to development. Commissioners and staff discussed the Urban Service Area; allowing annexa- tion on a property where none of the other surrounding properties would also request annexation. Commissioners noted Mr. Woods does not wish to be annexed to the Town. MOTION SECONDED AND CARRIED: Moved by Emling, seconded by Carico and passed unanimously to not annex Mr. Woods property, 27600 Moody Road, APN: 351-01-009 2. Rick Bell, Letter regarding Loyola Drive (County) Ms. Zeff referred to Staff Report dated April 8, 1988 informing Commission Mr. Bell is considering building on a lot on West Loyola Drive, in an area within our Urban Service Area, noting he plans to tear down the existing structure and re -build. Ms. Zeff informed Commission because a sig- nificant amount of grading was done on the site when the existing house was constructed, the topography of the lot is quite different than it was orignally, Mr. Bell is asking if the Commission when reviewing the devel- opment on a site previously graded, would height be mea&ured from the nat- ural grade s estimated or documented to have existed before the lot was developed or from the existing grade before any grading for the new devel- opment is done? Ms. Zeff recommended the Commission not make a general interpretation on this matter, but make an individual determination for eath site for which this question comes up. Commissioners informed staff that they would not be able to make an inter- pretion until an application is on file with Town for review, referring to the Berry Hill Subdivision property when the Commission preferred they did not use the original grade but the applicant chose to do so, noting it depends upon the lot and must be reviewed properly before making any deci- sion. 3. Commissioner Emling thanked Ms. Zeff for her easy to read, articulate and to the point staff reports and hoped to keep up the good work. Com- missioners Patmore and Carico concurred. 4. Commissioner Emling questioned staff if Mr. Packard has been in to the Town to subdivide any of this property. Staff informed Commission no for- mal application has been made. H„ OLD BUSINESS: 'Ayi t Letter to State Water Resources Control Board 1(101 Commissioners reviewed and approved letter prepared by staff for the Chairman's signature, Chairman Yanez will sign original letter and Commis- sioner Patmore will request approval of the letter at the City Council meeting of April 20, 1988. 2. Swimming Pool Fencing Mrs. Rauwendaal, 12693 Roble Veneno Lane, informed Commission of her con- cern over lack of fencing required around swimming pools in the Town, noting young families moving into this area will be looking for safe en- vironment for their families, maintaining the rural setting of this Town is easier done by smaller fencing or a cover to keep the innocent out of a hazardous area than having families fencing the entire property. Mrs. Rauwendaal quoted statistics from report by Consumer Products Safety Com- mission and Prevention Foundation headquarters and ordinances in cities requiring fencing in the Bay Area, asking Commission to look into requir- ing swimming pool fencing for the safety of children and elderly, suggest- ing perhaps a newsletter article mentioning the need for safety. Commissioners discussed with Mrs. Rauwendaal similar cities to Los Altos Hills who have requirement for fencing, Mrs. Rauwendaal informed Commis- sion only Atherton has a requirement for fencing on 3 sides. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Yanez and passed by the following roll call vote to place fencing for swimming pools on a future agenda. ROLL CALL: AYES: Commissioner Carico and Chairman Yanez NOES: Commissioners Emling, Kaufman, Patmore, Struthers, Stutz ABSENT: None MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Patmore and passed unanimously to have the Site Development Committee point out dangers of un -fenced swimming pools, and make a recommendation to the ap- plicant. Commissioners requested staff have the Planning Intern this sum- mer work on this project and return to Commission for review and proposal). I. ADJOURNMENT: MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Emling and passed unanimously to adjourn. There being no further new or old busisness, the meeting was adjourned at 11:55 P.m. Respectfully submitted, Leslie Mullins Planning Technician