Loading...
HomeMy WebLinkAbout06/08/1988PLANNING COMMISSION TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday, June 8, 1988 Reel 126, Side I, Track I, 181 -End; Side II, Track I, 000-460 Chairman Yanez called the meeting to order at 7:40 P.M. in the Town Hall Coun- cil Chambers. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Carico, Emling, Kaufman, Patmore, Struthers and Chairman Yanez Absent: Commissioner Stutz Staff: George Scarborough, City Manager; Bill Ekern, Director of Public Works; Sally Lyn Zeff, Planning Director; Leslie Mullins, Planning Technician City Council Representative - Mary van Tamelen Bf,,,CONSENT CALENDAR: Item Removed - 3.1. (Struthers) Commissioner Struthers requested the minutes of May 25, 1988 be corrected on page two, second paragraph, change "Bettencourt" to "Bettendorf". MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Yanez and passed unanimously by those members present to approve the Consent Calendar, specifically minutes of May 25, 1988 (Study Session and Regular Meeting) as amended. C. REPORT FROM CITY COUNCIL MEETING OF JUNE 1, 1988: Commissioner Kaufman reported the City Council at their meeting on June 15th at 7:00 P.m. will hold Planning Commission interviews and make ap- pointment for the two upcoming vacancies, noting on the June 1st meeting Laurie Graham was interviewed. Commissioner Kaufman reported the City Council at their regular meeting on June 1, 1988 continued resolution for Santa Clara Valley Water District; Mr. John Stefanki spoke under Presenta- tions from the Floor requesting the City Council reduce his application processing fees for zoning, site development and building permits for driveway addition, noting this item was continued for staff to review and report back to Council; the neighbors of the Fries property on Christophers Lane appealed the Planning Commission site development permit roval for new residence to Council, noting Council upheld Commission kepppproval; encroachment permit for wall at Berry Hill Court approved; City Engineer directed to look into possibility of stop signs at Arastradero ( and Purissima Roads and Manuella and Fremont Roads; Cable TV - discussion over Sun Country Cable study; general municipal election resolution not seconded; Joint Workshop between City Council and Planning Commission to be held late July; new members appointed to General Plan Steering Commit- tee; discussed over turf block will be discussed at the next meeting; and approval of resolution relating to landscape deposit during drought. D. REPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF JUNE 7, 1988_ Commissioner Patmore reported the Site Development Committee on June 7th approved landscape plans for Schuman on Camino Hermoso and Chantalat on Dawson Drive; addition for Marsh on Tripoli Court; New Residence, pool and tennis court for Miller on Arastradero Road; and held Subdivision Commit- tee meeting for Bennett on Hilltop Drive for a two lot subdivision, noting neighbors concerns over right-of-way dedication and the need for re- constructive grading for sight distance problems. PRESENTATIONS FROM THE FLOOR: Dr. Howard Martin, 11666 Dawson Drive, informed Commission of his contact with the State Department of Water Resources relating to the development of Neary Quarry and the unnatural reduction of creek flow to Hale Creek causing damages to the ecosystem. Dr. Martin presented Commission with a copy of the Complaint signed by himself and neighboring property owners, filed with the State Water Resources Control Board, and a table showing the water shed runoff data. �WMe. Ekern informed Commission the Town has been in contact with the De- partment of Water Resources informing Commission we should hear within a month as to their investigation results. Ms. Zeff informed Commission there is currently on file with Santa Clara County a reclamation plan for the Quarry which is not at this time com- plete, noting there is a EIR review occurring simultaneously. Ms. Zeff informed Commission the Town can give input and make recommendations to the County on the, noting she has been in contact with Brian Litt, Santa Clara County Planning to be sure all letters/correspondence, etc., is for- warded to her for review and ifnromation to keep a close watch on the progress of the reclamation plan. Commission and staff discussed the proposed application for Neary Quarry property with regard to the EIR review, reclamation plan and tentative map processing. PUBLIC HEARINGS: LANDS OF MEYER, FILE #CUP 7-88, 26007 Torello Lane, Request for Condi- tional Use Permit, Zoning and Site Development Permits for new residence with an attached secondary dwelling unit Ms. Zeff referred to Staff Report dated June 3, 1988 informing Commission [ this is a public hearing to consider a request for conditional use permit, `.zoning and site development permits for construction of a new residence with an attached 316 sq.ft. secondary dwelling unit. Ms. Zeff informed Commission of (corrected) MDA/MFA according to the latest proposal. Ms. ( Zeff recommended approval of the subject Conditional Use Permit as it meets the required findings per Municipal Code Section 10-1.1107 (a), sub- ject to the recommended conditions of approval attached to the June 3, 1988 Staff Report. Mr. Ekern referred to Staff Report dated May 19, 1988 informing Commission if the Site Development Permit is approved staff recommends approval for the new residence, subject to the staff recommended conditions of ap- proval. The Public Hearing was then opened. Mr. Ron Steinberg, President of Steinberg Architects, gave a brief presentation on the proposed project to the Planning Commission, noting they feel the structure is in conformance with existing neighborhood and well within the Town's Zoning Ordinance limitations and guidelines, asking for approval of the Conditional Use Permit and Site Development Permit for new residence with the attached secondary dwelling unit. The Public Hearing was then closed. Commissioner Struthers noted the parking area seems close to the property line, questioning if the driveway could be moved further from property line as there would be a need for landscaping in this area for screening of the structure from off-site mitigation. �WMr. Ekern informed Commission there is a condition in the staff recom- mended conditions of approval for the Site Development Permit that no grading shall be allowed within ten feet of the property line. MOTION SECONDED AND CARRIED: Moved by Emling, seconded by Carico and passed unanimously by those members present to approve the Lands of Meyer, File #CUP 7-88, 26007 Torello Lane, for Conditional Use Permit and Site Development for construction of a new residence with an attached secondary dwelling unit, subject to the Conditions of Approval attached to the June 3, 1988 and May 19, 1988 Staff Reports with a new condition that the ap- plicant shall submit plans showing they conform to the Zoning Ordinance. (Next item taken out of order) G. NEW BUSINESS: 1. Zoning Ordinance Interpretation Ms. Mullins referred to Staff Report dated June 3, 1988 asking Commission for an interpretation of the walls and fence ordinance, Municipal Code Section 10-1.504 (d), as it relates to driveway easement and the location of a fence and pillars with regard to the reference line. Ms. Mullins ex- plained there is currently an application on file for fences and pillars at 10575 Blandor Way, noting the property on the front and back sides of �.;he lot have driveway easements, according to the strict interpretation of the ordinances, Ms. Mullins noted the fence and pillars would be required -5- to be placed thirty feet from the center of each driveway easement, asking Commission if this is the intent of the ordinance. Mr. Art Lachenbruch, 11820 Buena Vista Drive, suggested the following: 1) ordinance needs clarification and amendment; 2) interpret ordinance to mean the reference line applies to any road access; and 3) reference line applies to front road access, not back property lines. Mr. Lachenbruch noted clarification of reference line is necessary. Commissioners and staff discussed the definition of roadway and roadway easements, noting if a driveway serves more than three lots it would be considered a private roadway, therefore the interpretation by staff is ap- propriate that the reference line be thirty feet (30') from the center of the easement. F. PUBLIC HEARINGS: (continued) Zoning Ordinance Amendments Declining Height Envelope, Municipal Code Section 10-1.504 Ms. Zeff referred to Staff Report June 3, 1988 informing Commission at the last meeting Commission discussed alternatives to the existing declining height envelope regulations, and to the proposed zoning ordinance amend- ment, noting staff has included in the June 3rd staff report additions and deletions to the proposed zoning ordinance amendment relating to height. Staff informed Commission it should be stressed that the true failing of the regulation is that its constraints very often cause a great deal of difficulty for the designer of a new building or addition, noting the dif- ficulty staff hears from the designer is that the regulation frequently requires that the design of a structure is less than desirable in order to comply with the ordinance, as the intended result of the ordinance is to reduce bulk, it rarely has the effect of eliminating more than the corner of a roof or structure with ill effects on the overall design. Ms. Zeff noted it is not difficult to explain to designer or applicant the or- dinance requirements, but to show a homeowner how those requirements will affect their house and even more, whey they need a variance to continue an existing roof line for a matter of inches or feet, as the level of ag- grevation to the applicant is generally raised by the regulation out of proportion to the beneficial effects of its requirements. The Public Hearing was then opened. Mr. Ken Pastrof, 191 E. Hilton, Boulder Creek, informed Commission he is speaking for himself only not as a representative to The Owen Companies, noting the ordinance amendments proposed by staff and zoning committee are for the betterment of the Town, noting the lots remaining in Town are the most difficult to develop, indicating a need for some type of architec- tural review board, with members comprised of professionals who live within the Town of Los Altos Hills. Mr. James Dumas, Architect - Los Gatos, informed Commission he is current - %%W ly working on an a large addition/remodel noting we have found we must apply for a variance for 1'3" due to the declining height envelope and ex- isting location of the structure. —.,I— %W Mrs. Joyce Clarke, 12544 Corbetta Lane, deeply concerned over the changes of rules and regulations within the Town over the last couple of years, noting we have lost sight of the Town incorporation ideals, suggesting the Commission look at our Towns General Plan. Mrs. Clarke indicated she is very much against an architectural review board. Mrs. Clarke also noted she is in favor of the ultimate height of 271, adding the rules should be reasonable and objective. Mr. Art Lachenbruch, 11820 Buena Vista Drive, noted it seems people are making this ordinance much more confusing than it should be. The Public Hearing was then closed. Commissioners Carico, Kaufman and Struthers indicated the zoning ordinance with the declining height envelope has served its purpose in reduction of bulk, noting we have seen good changes over the last couple of years, noting we need to educate the public. MOTION SECONDED AND FAILED: Moved by Emling, seconded by Carico and failed unanimously by those members present to recommend to the City Coun- cil acceptance of the proposed 20 - 20 height regulation. MOTION SECONDED AND FAILED: Moved by Carico, seconded by Struthers and ailed by the following roll call vote to recommend to the City Council the zoning ordinance regarding declining height remain as written ROLL CALL: AYES: Commissioners Carico, Emling and Struthers NOES: Commissioners Kaufman, Patmore and Chairman Yanez ABSENT: Commissioner Stutz MOTION SECONDED AND FAILED: Moved by Kaufman, seconded by Yanez and failed by the following roll call vote to recommend to the City Council adoption of staff recommendation to remove the declining height envelope, and that height of structures conform to ultimate height of 27' (Chimney exceptions will remain when re -numbered after ordinance amendment adop- tion), as per the Staff Report dated April 21, 1988 ROLL CALL: AYES: Commissioner Kaufman and Chairman Yanez NOES: Commissioners Carico, Emling, Patmore and Struthers ABSENT: Commissioner Stutz MOTION SECONDED AND FAILED: Moved by Patmore, seconded by Struthers and failed by the ollowing roll call vote to recommend to the City Council that the Planning Commission feels height envelope serves its purpose in avoiding look of bulk for neighbors views of structures, request the zoning subcomnmittee re-examine thie suggestion regarding height envelope and attempt to find method to achieve same purpose ROLL CALL: AYE : Commissioners Patmore and Struthers NOES: Commissioners Carico, Emling, Kaufman and Chairman Yanez ABSENT: Commissioner Stutz MOTION MADE AND NOT SECONDED: Moved by Yanez and failed due to lack of second to recommend to the City Council that the height envelope as cur- -5- rently exists be applied only to lots on 0-10% slope and eliminate for Lrsteeper lots. MOTION SECONDED AND FAILED: Moved by Emling, seconded by Carico and failed by the following roll call vote to recommend to the City Council proposed 20- 20 declining height regulation ROLL CALL: AYES: Commissioners Carico, Emling, and Patmore NOES: Commissioners Kaufman, Struthers and Chairman Yanez ABSENT: Commissioner Stutz MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Struthers and passsed by the following roll call vote to recommend to the City Council to keep the ordinance regarding declining height envelope as written, as it is in conformance with the Town's General Plan, and reduces bulk ROLL CALL: AYES: Commissioners Carico, Emling, Patmore and Struthers NOES: Commissioner Kaufman and Chairman Yanez ABSENT: Commissioner Stutz b. Driveway Light Fixtures, Municipal Code Section 10-1.504 (h) and 10-1.505 (a) Ms. Zeff referred to Staff Report dated April 21, 1988 informing Commis- sion zoning subcommittee recommends driveway light fixtures may extend no more than one foot above the heightr limit for walls and fences, and shall %,be limited to one fixture on each side of the driveway, for a maximum of two per lot. The Public Hearing was then opened and closed with no one speaking for or against this item. Planning Commission discussed the need for applicants to know we require low wattage lighting which should be shielded from off site views. MOTION SECONDED AND CARRIED: Moved by Yanez, seconded by Carico and passed unanimously by those members present to recommend to the City Coun- cil adoption of the proposed driveway light fixture ordinance amendment as recommended by staff in the April 21, 1988 staff report. C. One time exemption from Maximum Floor Area and Development Area Municipal Code Section 10-1.502 (d) and 10-1.503 (d) Ms. Zeff referred to Staff Report dated June 3, 1988 informing Commission at the last meeting we discussed alternatives to the one time exemption from the Maximum Development Area and Maximum Floor Area regulations for small projectsw, noting the ordinance language presented in this report constitutes alternatives to the proposed ordinance amendments based on Commissioners discussion. The Public Hearing was then opened. `r Mr. Art Lachenbruch, 11820 Buena Vista Drive, noted all lots after the stand alone ordinance have LUF, Slope on file at Town Hall and staff should be able to create the MDA - MFA for the particular lot, noting the `,.proposed amendment does not solve any zoning problem, only political. Mary van Tamelen, informed commission just recently an applicant has re- quested MDA - MFA interpretation on Matadero Creek and has used this one time exemption proposed by staff to be used for his new house proposal. The Public Hearing was then closed. Commissioner Kaufman noted he does not like the idea of a one time exemp- tion, but would suggest staff use discretion regarding the requirement of topographic surveys being prepared by Registered Civil Engineers for smaller projects. Commissioner Carico noted the MFA for 150 sq.ft. is not as objectionable to the MDA exemption. Commissioner Patmore noted she thought it is very important for Commission to let City Council know there is concern over this proposal, noting 1 - 1 1/2 % of Town would be covered with additional MDA that would not be counted, noting this item should not be taken lightly. MOTION SECONDED AND FAILED: Moved by Patmore, seconded by Struthers and failed by the following roll call vote to recommend to the City Council that with regard to the one time exemption ordinance: 1) that 1 - 1 1/2 % of the Town would be covered with additional development area, that would not be counted, this proposed amendment should not be taken lightly. As a principle we are looking for solution that does not hide the MDA increase for all time, and would not apply for any properties which calculations were already available. ROLL CALL: AYES: Commissioners Carico, Patmore and Struthers NOES: Commissioners Emling, Kaufman and Chairman Yanez ABSENT: Commissioner Stutz MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Emling and passed unanimously by those members present to recommend to the City Coun- cil that the Planning Commission does not support a one time exemption for any lot, however, we would like to pursue ordinance which allows staff to evaluate the level of documentation for a particular project. MOTION FAILED DUE TO LACK OF SECOND: Moved by Patmore, and failed due to lack of second that the Planning Commission concerns be conveyed to the City Council that the one time exemption is not a small matter, its non- trivial, potentially very large in terms of coverage, 2 1/2 % of the Town. Minor Variances, Municipal Code Section 10-1.1107 (2) Ms. Zeff referred to Staff Report dated April 21, 1988, recommending Com- mission recommend the proposed ordinance amendments as suggested by the subcommittee. The Public Hearing was opened and closed with no one speaking for or against. t#�MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Carico and passed unanimously by those members present to recommend to the City Coun- %— cil adoption of the proposed variance ordinance amendments as recommended by the subcommittee. G. NEW BUSINESS: (Continued) 2. Commissioner Emling requested staff investigate the color of the Wub- bels residence on La Paloma, noting it is pink, is there an approval by the Site Development Committee for this color. Staff informed Commission they would check the files and return to Commission with the information. 3. Commissioner Carico informed Commissioners Mrs. Nan Furhman passed away on Saturday, asking if Commissioners would like to contribute togeth- er or individually. 4. Commissioner Struthers informed Commission she would like to report on the Leadership Conference she attended, briefly noting discussions between Commissioners and applicants must be put in writing and into staff reports, and held discussion on the Brown Act. and will report more at later date. H. OLD BUSINESS: I. ADJOURNMENT: There being no further new or old busisness, the meeting was adjourned at 11:45 p•m• Respectfully submitted, Leslie Mullins Planning Technician -9—