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HomeMy WebLinkAbout06/22/1988PLANNING COMMISSION t TOWN OF LOS ALTOS HILLS �r 26379 Fremont Road Los Altos Hills, California Wednesday, June 22, 1988 Reel 126, Side II, Track, I, 000-703 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; Sally Lyn teff, Planning Director; Leslie Mullins, Planning Technician City Council Representative: B. CONSENT CALENDAR: Commissioner Kaufman requested the minutes of June 8, 1988 be amended on page five, fourth paragraph, that he was not amont those Planning Commis- sioners who argued that the Building Envelop helped eliminate bulk. Commissioner Struthers requested the minutes of June 8, 1988 be amended on the last page, to note that she requested Commissioner Carico to report on meeting. MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Yanez and passed unanimously to approve the minutes of June 8, 1988 as amended. Chairman Yanez noted before getting to far into this Agenda, he would like to congratulate Dick Jones and Clyde Noel on their appointment to the Planning Commission. C. REPORT FROM CITY COUNCIL MEETING OF JUNE 15, 1988: Commissioner Carico reported the City Council at their meeting on June 15, 1988 discussed Cable TV, interviewed Planning Commissioner applicants; ap- proved encroachment permit for Baffin on Three Forks Lane. D. REPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF JUNE 14 & 21, 1988: Commissioner Patmore reported the Site Development Committee on June 14th referred Bhamre on Lot N1, Matadero Creek to the full Commission for review due to concerns from neighbors and committee over views, size, ( etc., referring applicant to the Conditions of Approval for the Tentative Map approved by the Town, noting plans were previously approved in 1983. Commissioner Kaufman asked as the CC&R's indicate review by the Architec- tural Review Board for Matadero Creek asking was this submittal reviewed Why them? Commissioner Patmore noted the owners indicate it was, the neighbors say it was not ever approved by them. Commissioner Patmore further reported another item on the Agenda, was Sub- division Committee for the Lands of Varsanyi, noting neighbors sent let- ters regarding concern over drainage, flooding, etc. noting the applicant recently received approval for a 7,000 sq.ft. home on this property, but If this property were subdivided the house could not be built. Commis- sioner Patmore added the committee did not recommend approval or denial of the subdivision to the Planning Commission as there was additional in- formation needed for processing. Commissioner Struthers reported the Site Development Committee on June 21, 1988 approved landscape plan for Cox on Vista Serena with condition to plant vines in planter boxes to screen the ivory color. Commissioner Struthers noted the Subdivision Committee reviewed Lands of Bellucci, 10 lot subdivision, noting decision made, concerns addressed over access, en- vironmental issues, etc. Commissioner Struthers added the Site Development Letters of approval which go out from now on will include wording from ordinance regarding light fixtures. E. PRESENTATIONS FROM THE FLOOR: F4h,,PUBLIC HEARINGS: 1. LANDS OF BENNETT, File # TM 2-88, 12100 Hilltop Drive, Request for recommendation of approval for Tentative Map and Negative Declaration for two lot subdivision This item was removed from Agenda and re -scheduled when requested informa- tion and subdivision re -design is completed. Ms. Zeff requested the Commission add a new item to the Agenda under "New Business" as an Urgency item for Planning Commission interpretation of Floor Area. 2. LANDS OF GREENWOOD, FILE #VAR 6-88, 26075 Duval Way, Request for Vari- ance in height of fence located along roadway, Section 10-1.504 (d)(3) for construction of a six foot (61) high noise barrier wall located 25' from property line. Ms. Zeff referred to Staff Report dated June 16, 1988 informing Commission this is a public hearing to consider a request for variance in the height of a fence located along a roadway, Section 10-1.504(d)(3), in order to construct a six foot high noise barrier wall located 25' from the propety line, which is also the edge of the right-of-way for the roadway (i.e., I- 280), recommending as based on the findings presented 1n the Staff Report, and Staff Report far the previously approved variance dated October 1, 1986 approve the requested variance in fence height. Ms.Zeff further -z- noted that the Commissioners action tonight only affects the height, it does not affect location, as the location would be approved by administra- tive level of site development permit. The Public Hearing was then opened. Mr. Fred Greenwood, 26075 Duval Way, referred Commission to his letter and application regarding the findings relating to variance and the need for this proposed wall for noise mitigation. Commissioners and applicant discussed the need for consultation by a professional, noting concerns that a 6' wall may not mitigate the noise as the applicant hopes it will. Mr. Jon Sines, Attorney for Mr. Wilczak (neighbor), indicated that the Staff Report notes the requested variance is identical to the request made in 1986, noting, it is not the same as in 1986 the wall requested was masonry and now it is wood. Mr. Sines informed Commission they have con- cerns over the location of the property lines, as they do not believe the applicants map is correct or adequate for the Commission to approve this requested variance application. Mr. Sines referred Commission to a letter Mr. Wilczak received from Caltrans, who have indicated a wall should be 101, and mentioned wall should be masonry not wood. Mr. Sines indicated it would be appropriate if the two neighbors work together with staff and Caltrans to design something which would beneficial to all concerned. Commissioner Kaufman recalled this issue was raised in the review in 1986, suggesting that it is not the variance Mr. Wilczak is opposed to, but the location and therefore appropriate to appeal the decision of the Site De- velopment Authority. Commissioner Stutz noted the Town has not approved any 10-12' walls along Freeway. Commissioner Patmore questioned if the Caltrans study was only for Mr. Wilczak property or both?, noting the Greenwoods property is lower than Wilczak property and would have less of a noise problem than Wilczak. Mr. Wilczak, 26101 Duval Way, informed Commission that Caltrans performed a decibel study and indicated wood would higher the decibel level. Mr. Wilczak noted he has concerns over the accuracy of the site plan presented to Commissioners for review. The Public Hearing was then closed. Commissioner Carico noted as we do not have an accurate noise study, how can Commission deny or approve this request. Ms. Zeff informed Commission in 1986 a variance was approved by Commission without a noise study, sug- gesting Commission review findings made in 1986 for granting of the vari- ance and act on this requested variance based on findings addressed in the June 16, 1988 staff report and refer to findings made in 1986. MOTION SECONDED AND CARRIED: Moved by Stutz, seconded by Carico and passed by the following roll call vote to approve the Lands of Greenwood, File #VAR 6-88, 26075 Duval Way, request for variance in height of fence kw located along roadway, Section 10-1.504 (d)(3) for construction of a six -3- foot (6') high noise barrier wall located twenty-five feet (25') from property line as based on findings required per Municipal Code Section 10- 1.1107 as outlined in the June 16, 1988 Staff Report and October 1, 1986 `, Staff Report. 3. LANDS OF DOUGLAS, FILE #VAR 8-88, 27408 Deersprings Way, Request for Variance and Site Development Permit for additions to residence on a lot to exceed the allowed development and floor area Ms. Zeff referred to Staff Report dated June 16, 1988 informing Commission this is a public hearing to consider a request for variance and site de- velopment permit for additions to a residence on a lot to exceed the al- lowed development and floor areas, noting a number of variances have been approved on Deersprings Way as this is an area that was developed largely under previous zoning ordinances, giving Commissioners a summary of those variances which have previously received approval. Ms. Zeff recommended that the Planning Commission: 1) based on findings presented in the June 16, 1988 staff report approve the requested variance in maximum develop- ment area, to exceed the maximum development area of 5,000 sq.ft., by 3,628 sq.ft. subject to the following condition: 1. That a landscape plan be prepared and approved by staff as required by the conditions of the site development permit, providing landscaping to adequately shield new construction from view. 2) Deny the requested variance in maximum floor area; and 3) approve the requested site development permit subject to the conditions attached to the June 16, 1988 staff report. Commissioner Kaufman noted that the properties in this area were some of the most drastically reduced MDA -MFA with the removal of the building site f circle. The Public Hearing was then opened. Mr. Greg Benton, Architect, 513 Monterey Avenue, Los Gatos, raised con- cerns over the calculations prepared by staff, noting concern in error of deck area. Ms. Zeff informed applicant and commission that anything with three (3) walls and roof is counted towards Floor Area, noting this issue has al- ready been discussed by staff and architect in the office. Mr. Benton informed Commission we feel the new floor area for bedroom and bathroom, noting they could achieve without a variance, and it is only staff's interpretation on the numbers which makes the variance request look worse than it is due to floor area figures. Commissioner Emling questioned, if they propose to trade off, noting we really only need a variance to enclose the upper deck area? Ms. Zeff sug- gested to Commission that once the architect is done making his presenta- tion, she would like to speak to Commission as to what the Douglas's vari- ance request is for. Mr. Douglas, 27408 Deersprings Way, informed Commission that he needs a variance basically to enclose the two decks, noting he has been penalized kw due the changes in ordinances, asking Commission to approve his requested -4- variance for all portions they have requested, noting we need to enclose the front deck due to wind problems especially during winter storms for C protection, noting he does not think their variance request is un - W reasonable, it has minimum impact, and have not received any objections from neighbors. The Public Hearing was then closed. Commissioner Patmore noted the Commission has in the past, approved vari- ances which were filling in areas of existing houses, noting the decks and garage area is fine, its the new addition area which there is concern. Commissioner Emling noted he recalled a variance being approved for some- thing very similar on Country Way recently. Ms. Ze£f informed Commission the architect has in both a letter and his presentation tonight, makes a distinction by enclosing decks, noting yes there is a distinction, but it would still need a variance for any in- crease, referring again to variances previously approved by Commission within this area. Chairman Yanez made a rebuttal to the Staff Report prepared by Ms. Zeff, noting the Council has in the past overturned Planning Commission deci- sions. Commissioner Kaufman noted he believed the Douglas should receive a vari- ance and should be allowed to enclose their decks, noting staff is cor- rectly interpreting floor area. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Carico and passed unanimously to approve the entire variance request made by Douglas, File #VAR 8-88, 27408 Deersprings Way, for both MDA and MFA, subject to the following findings required by Municipal Code Section 10-1.1107 (b). Finding #1, as per Staff Report dated June 16th with addition to sentence number 12 as follows: For environmental reasons, it is necessary to en- close the upper deck. Thus enclosing of the current front deck accounts for the necessary increase in Floor Area. Approval of the variance would allow the applicants to convert some existing MDA to Floor Area and still retain outdoor living space. Finding #2 remains as in staff report. Finding #3, amended to allow 707 MDA, and 1,100 sq.ft. of MFAF. Finding #4 remains as in staff report. MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Yanez and passed unanimously to approve the Lands of Douglas, 27408 Deersprings Way, Site Development Permit for addition, subject to conditions of approval as outlined in the June 16, 1988 staff report from Bill Ekern inlcuding a new condition #10. to read as follows: Pathway shall be upgraded along fire access roadway. NEW BUSINESS: MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Yanez and passed unanimously to add to the Agenda as an urgency item, Interpretation [ of Floor Area. -5- #1. Interpretation of Floor Area Ms. Zeff referred to staff report dated June 16, 1988 regarding inter- pretation of floor area, asking commission if staff is interpreting floor area as intended. Commission and staff discussed alternative #1 and #2. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Yanez and passed unanimously that the Planning Commission interprets the Floor Area Ordinance as outlined in alternative #2, presented in the June 16, 1988 Staff Report by Sally Zeff Commissioners noted it would be a good idea for staff and commission to look into possible ordinance revisions, on basements and attics, asking to have this item return for further discussion. #2. Commissioner Carico expressed thanks and good luck to Chairman Yanez and Commissioner Struthers for serving on the Town of Los Altos Hills Planning Commission. Commissioner Carico invited staff, commissioners and public to join us for cake in the Committee room for Yanez and Struthers. H. OLD BUSINESS: I. ADJOURNMENT: There being no further new or old business, the meeting was adjourned at 4W 10:10 P.M. Respectfully Submitted, Leslie Mullins Planning Technician