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HomeMy WebLinkAbout07/13/1988PLANNING COMMISSION TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday, July 13, 1988 Reel 127, Side I, Track 000 -End; Side II, Track I, 000-097 Acting Chairman Kaufman called the meeting to order at 7:35 P.M. in the Town Hall Council Chambers. Mr. A. Richard Jones and Mr. Clyde Noel were sworn in as Planning Commis- sioners for the Town of Los Altos Hills. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Carico, Emling, Kaufman, Jones, Noel, Patmore, and Stutz Absent: None Staff: Bill Ekern, Director of Public Works; Sally Lyn Zeff, Planning Director; Leslie Mullins, Planning Technician City Council Representative - Councilman Johnson ?B# ELECTION OF CHAIRMAN AND VICE-CHAIRMAN TO PLANNING COMMISSION: ` MOTION SECONDED AND CARRIED: Moved by Emling, seconded by Carico and 1 passed unanimously to nominate Commissioner Marc Kaufman as Chairman to the Planning Commission MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Stutz and passed unanimously to nominate Commissioner Ed Emling as Vice -Chairman to the Planning Commission C. CONSENT CALENDAR: There are no items for approval on the Consent Calendar. D. REPORT FROM CITY COUNCIL MEETING OF JULY 6, 1988: Commissioner Emling reported the City Council at their regular meeting on July 6, 1988 made appointments to the Roads & Drainage Committee, and Pathways, Recreation and Parks, noting Bob Stutz and Jean Struthers had requested to be placed on Committees and were not appointed, noting fur- ther a Mr. Frank Barbara was appointed to Roads & Drainage and Mr. Ed Col- lins and Mr. Rob Hamilton to Pathways, Recreation and Parks. Commissioner Emling reported Douglas Variance approved by Council; set public hearing date for zoning ordinance amendments for August 3rd; Greenwood fence/noise barrier appealed by neighbor will be heard July 20th; Protest Hearing for kwSan Antonio Hills Annexation to be schedulded for first meeting in Septem- bar; policy regarding street trees which block views discussed and passed; report on structures at Bellucci property on Moody Road continued for fur- ther discussion at next meeting; interpretation of subdivision conditions `.for Lands of Ugie, O'Keefe Lane discussed and continued to request a rep- resentative from Santa Clara Valley Water District to attend meeting in attempt to clarify this situation and reach a solution; lengthy discussion over Cable TV, noting Video Engineering has pulled out; discussion over General Plan Steering Committee - appointed Tryon and Casey as members of a Council subcommittee for the GPSC to work with staff to develop a re- quest for proposals for options as outlined in the City Managers report; discussion over Planning Directors staff report regarding driveway coverage and turf block, no action taken; date change for Joint City Coun- cil - Planning Commission meeting to be on Sunday, July 31, 1988 at 12:30 p.m., lunch will be served during workshop. Chairman Kaufman informed Commission a special meeting is scheduled for Friday, July 15th at 11:00 a.m. regarding Lands of Currie Subdivision, for subdivision improvements. Commissioner Carico noted she would not be able to attend the July 31st meeting as it is her Anniversary. Commissioners and staff discussed the subdivision improvement requirements for the Lands of Ugie Subdivision on O'Keefe. Mr. Ekern informed Commis- sion there is a difference of opinion as to what the requirements are by the developer, noting a representative from Santa Clara Valley Water Dis- trict will be present at the next Council meeting for discussion of their requirements and the Town's EWREPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF JUNE 28, 1988 & JULY 5 AND JULY 12, 1988: Commissioner Emling reported the Site Development Committee on June 28th approved swimming pool for Gualtieri on Vinedo Lane; parking area for Wub- bels on La Paloma Road with modification to the location to be closer to residence; swimming pool for Brunn on Purissima Road; and swimming pool modification and landscape plan for Pittiglio on Alicante Lane. Commissioner Carico reported the Site Development Committee on July 5th approved swimming pool for Cox on Vista Serena with requirement for landscaping retaining wall; requested re -design for new residence for Chao on Fawn Creek Court; approved addition for Meek on Olive Tree Lane; ap- proved addition for Price on Summerhill with pathway extension if pos- sible; approved landscape plan and swimming pool for Northwoods Properties on Matadero Creek; and held subdivision committee meeting on Machale on Stonebrook. Commissioner Stutz and Bill Ekern noted the committee asked for lot line relocation and drainage concerns to be addressed prior to scheduling of tentative map with Planning Commission. Commissioner Kaufman reported the Site Development Committee on July 12th approved landscape plan for White on O'Keefe Lane with some tree removal and new trees to be installed within Conservation Easement; approved swim- ming pool for Slevin on Purissima; approved swimming pool for Chen on �Natoma with note for protection of oak trees during construction; referred -2- driveway modification for Scharfetter on La Cresta to full Commission for review, providing they meet zoning ordinance or apply for variance; and ( held subdivision committee meeting on Gossard (Hodge) property on Prospect V Road, noting the property is very steep hillside toward the Quarry, making a strong recommendation that this property be three lots instead of four. Commissioner Emling noted the configuration of the subdivision as proposed is very constrained at the top of the ridge. PRESENTATIONS FROM THE FLOOR: 1. PUBLIC HEARINGS: 1. LANDS OF BELLUCCI, FILE #TM 1-86, 26220 Moody Road, Public Hearing to consider denial without prejudice of Tentative Map Ms. Zeff referred to Staff Report dated July 7, 1988 informing Commission since the applicant has agreed to an extension of time for processing the Tentative Map, there is no need for Planning Commission action this eve- ning, therefore, recommending that the Commission receive the Staff Report on the history and status of the application for tentative map information only. Ms. Zeff noted the application is officially withdrawn from this agenda. 2. LANDS OF GARCES, FILE #VAR 10-88, 26101 Elena Road, Request for Vari- ance for bathroom addition to encroach 4.5' into setback Ms. Zeff referred to Staff Report dated July 7, 1988 informing Commission zoning and site development permits were granted to the Garces' on July W15, 1987, allowing a bathroom addition to the existing house, noting the original proposal for the bathroom extended into setback and was redlined to be only constructed outside of the setback area as required by zoning ordinance, noting the applicant now wishes to add a roof and incorporate the section of the addition built as a wall into the bathroom addition done previously, noting this requires a variance to allow the structure to intrude into the setback. Ms. Zeff recommended that the Planning Commis- sion grant the variance as requested, based on required Municipal Code Section 10-1.1107(2)(b) findings presented by the applicant as attached to the Staff Report. Commissioner Patmore noted the applicant's finding 2.b. regarding location of easement is not relevant to this variance request. The Public Hearing was then opened. Mr. John Aldrich, representing Fabian Garces, informed Commission the driveway easement is on the neighbors property, asking commission to ap- prove the subject variance request. The Public Hearing was then closed. Commissioners discussed findings as presented by the applicant. Ms. Zeff noted state requirements indicate we must make findings based on fact, suggesting the Commission uphold the approval based on Garces' findings presented in the Staff Report. -3- MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Jones and passed unanimously to approve the Lands of Garces, File #VAR 10-88, 26101 Elena `Road, for bathroom addition to encroach into setback by 4.5' based re- quired findings per Municipal Code Section 10-1.1107 (2)(b) as supported by applicants letter of findings dated May 9, 1988 attached to the July 7, 1988 staff report. 3. LANDS OF HANDLEY, FILE #VAR 12-88, #CUP 11-88, 13818 Page Mill Road, Request for Variance, Conditional Use Permit and Site Development Permit for Secondary Dwelling Unit Ms. Zeff referred to Staff Report dated July 7, 1988 informing Commission this is a public hearing to consider a Conditional Use Permit, Variance (in size of secondary dwelling unit) and Site Development Permit for a detached secondary dwelling unit, giving commission background information based on previous staff reports, noting in 1986 the Use Permit and Vari- ance were denied by Commission and then appealed to City Council but with- drawn prior to any action by Council. Ms. Zeff noted the applicant's are proposing to construct a secondary dwelling unit on their 9.39 acre lot located off of Page Mill Road on Moon Lane, noting existing development on the property includes the main house, a detached garage with a dwelling unit over 1t, a barn, a pool, water tank and driveway and decks, noting the existing dwelling unit over the garage is considered a legal non- conforming use, as it is a second dwelling unit for which a CUP does n of exist, but appears to have been constructed prior to such a requirement. Ms. Zeff indicated that the granting of a CUP for another second unit would allow two secondary dwelling units on the parcel, something not al- lowed by the Town's Zoning Ordinance, referring to arguments made in the *Awpast hearings that this parcel is exceptionally large (in fact, the lot unit factor is 5.26) and that this could be a consideration in favor of allowing an additional dwelling unit, however, this is not provided for in the Town's current ordinances, in addition under state and local laws, the Commission cannot grant a variance in use, and therefore cannot grant a variance in the number of secondary dwelling units permitted on a parcel. Ms. Zeff noted the applicants with their land having a luf of over 5 could subdivide their land and then build an additional primary dwelling. Ms. Zeff presented Commission with findings of denial of the Conditional Use Permit and variance, recommending that the Commission: 1) deny the re- quested CUP for secondary dwelling unit, because granting the request would allow two secondary dwelling units on a parcel, a use not authorized by the Zoning Ordinance; 2) deny the requested variance; and 3) deny the requested site development permit because the request would not conform to the requirements of the Zoning Ordinance. The Public Hearing was then opened. Mr. Ray Handley, 13818 Page Mill Road, gave Commission a brief background of the application process for Conditional Use Permit which started in 1980 for this project, noting much discussion which occurred at that time over the unit above the garage, Mr. Handley added the Commission at that time determined the unit above the garage was attached to the residence and not a secondary dwelling unit. Mr. Handley informed Commission he ` would be willing to remove the kitchen from the unit above the garage. -4- Commissioner Emling questioned if the Handley's ever thought of subdivid- ing this property to allow another dwelling without going through this `,.process of asking for variance and conditional use permit for another unit. Commissioner Emling also questioned Mr. Handley how many people reside on the property. Mr. Handley indicated four people live on this property, noting with regard to subdividing the property there are problems with the ownership and maintenance of Moon Lane and having it remain rural in character. Mr. Ekern informed Commission and applicant if the Handley's were to sub- divide, they could dedicate road right-of-way, but not necessarily have to upgrade Moon Lane. Mr. Eric Bredo, 13820 Page Mill Road, referred to letter addressed to Planning Commission dated July 13, 1988, noting they are the nearest neighbor to the Handley property and would be most affected, noting con - erns over visibility of structure, noise, views of cars and garage, number of allowed second units on one property and number of people residing on the property. Mr. Safwat Malek, Triangle Associates, informed Commission the proposed structure is 20' closer than previous approved plans, noting it is 54' from property line, with regard to subdivision, this would be the ap- propriate location for siting of this structure. The Public Hearing was then closed. 4Ms. Zeff informed Commission there is an existing legal non -conforming secondary dwelling unit above the garage, noting it is her opinion that it is not attached to the main residence, and both the kitchen and plumbing for the bathroom should be removed. Commissioners discussed the existing unit above the garage, as to determination if attached or detached, noting the applicant has indicated he would be willing to remove the kitchen, asking if that is enough or should the plumbing for the bathroom also be removed. Commissioners and staff discussed the need for clarification of definition for secondary dwelling unit for all properties, not just Handley property. Mr. Handley added that the Commission has already determined that the sec- ond unit above the garage is attached, noting the City Attorney had pre- viously made a ruling to that statement as well. Chairman Kaufman informed Commission and applicant that the ordinances since 1981 have been amended, noting Commission has no choice but deny this application, or suggest the applicant re -design the project and con- tinue this item. Commissioners questioned if the applicant could re- design and resubmit for review when could his application be heard by Com- mission? Ms. Zeff informed Commission that the next available Commission hearing date would be October 12, 1988. MOTION SECONDED AND FAILED: Moved by Patmore, seconded by Jones and `failed by the following roll call vote to affirm the decision of the Plan- -5- ning Commission in 1981 that the current secondary dwelling unit above the garage is attached. ROLL CALL: +AYES: Commissioners Jones, Patmore and Stutz NOES: Commissioners Carico, Emling, Noel and Chairman Kaufman ABSENT: None MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Emling and passed by the following ro call vote to Deny without Prejudice the Lands of Handley, File #CUP 11-88, #VAR 12-88 and Site Development Permit for secondary dwelling unit as recommended in the July 7, 1988 Staff Report ROLL CALL: AYES: Commissioners Emling, Jones, Noel, Patmore and Stutz NOES: Commissioner Carico ABSENT: None Commissioner Carico added that if the applicant does appeal this to the City Council, the Council should know the Commission tried to be amenable. 4. LANDS OF PORTER, FILE #CDP 4-88, 13333 Wildcrest Drive, Request for Conditional Development Permit and Site Development Permit for addi- tion Mr. Ekern referred to Staff Report dated July 8, 1988 informing Commission this is a public hearing to consider Conditional Development Permit and Site Development Permit for an addition to existing house on a lot with a Lot Unit Factor of .30, noting the addition is 707 sq.ft., recommending approval of the Conditional Development Permit as requested, as it meets `the required findings per Municipal Code Section 10-1.1107 (a) addressed in the staff report dated July 8, 1988 and approval of the Site Develop- ment Permit based on conditions of approval outlined in the July 6, 1988 staff report. The Public Hearing was then opened. Mr. Bill Porter, 13333 Wildcrest Drive, informed Commission he had no com- ments regarding the staff report, asking Commission to approve his ap- plication for Conditional Development and Site Development Permits for his proposed addition. Commissioner Carico questioned Mr. Porter is agreed with Condition #2? Mr. Porter indicated he agrees, as they like the house the way it is now. Mrs. Fran Stevenson, Pathway Committee, informed Commission and applicant the Pathway Committee would like a connection to pass over this private roadway, asking a condition be added for pathway dedication. Commissioners questioned if this pathway was shown on the General Plan Map? Mrs. Stevenson indicated it is. Ms. Zeff indicated that a small addition is not subject to pathway re- quest, noting however, we could ask if the owner would care to grant one to the Town. 4W -6- Mr. Porter informed Commission he did not believe that his neighbors would be willing to go along with this request, noting he suggests that the Com- mittee contact the Chairman ofa the Wildcrest Drive area. The Public Hearing was then closed. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Noel and passed unanimously to approve the Lands of Porter, File #CDP 4-88 and Site Development Permit for addition to existing residence subject to required findings per Municipal Code Section 10-1.1107 (c) for Conditional Develop- ment Permit as outlined in July 8, 1988 Staff Report and Site Development Permit based on conditions of approval outlined in the July 6, 1988 Staff Report with the addition of a new condition #7, as follows: 7. Prior to final inspection, staff shall evaluate the need for landscaping for mitigation of the addition from off site views. 5. LANDS OF BHAMRE, 28530 Matadero Creek Lane, Referral from Site Devel- opment Committee for Site Development Permit for new residence Chairman Kaufman requested the Commissioners who were in attendance at the Site Development Committee meeting make a report to Commission on this item. Commissioner Patmore noted she previously reported on this item at the last meeting, noting the house was approved by the Town previously a couple years ago, but the current review at Site Development Committee we did not feel the house met the approved Conditions of Approval of the Tentative Map, and suggested the applicant re -design. Mr. Ekern added the applicant has revised the plans, modifying the grading, etc. Chairman Kaufman commented there is a memo from the Architectural Review Board in the Commissioners in basket for review on this item. Commissioners ques- tioned the process of application through the Architectural Review Board. Staff informed Commission when the Town was still the property owner, the residences went through Architectural Review prior to scheduling of Site Development Committee review, noting all lots have been sold as the Ar- chitectural Review is completely independent of the Town's review and ap- proval process. The Public Hearing was then opened. Mr. Steven Arnold, 1671 The Alameda San Jose, representing owner, informed Commission he has been hired on this job to revise and redesign the ap- plication. Mr. Arnold noted the Site Development Committee requested us to redesign more to contours, which has been done to lessen the amount of grading needed for this project. Mr. Bhamre, owner, addressed Commission with concerns, noting he had once already received approval for this house on this property a couple years ago and could not build at that time due to financial difficulties, noting he does not understand what the problem is with approving his application as they revised plans as requested at the last meeting. Mr. Ray Solomon, 28525 Matadero Creek Lane, informed Commission they have Ltwo concerns: 1) the amoung of out on eastern side is 5' from major -7- drainge ditch; and 2) height of house is 45-50' above driveway, distance of only 100' from his house, noting it will be almost like looking up at a four storey office building, referring to the C.C.&R.'s for Matadero Creek `+noting this proposal does not meet the requirements. The Public Hearing was then closed. Commissioners and staff informed applicant and public the CC&R's are not enforced by the Town, noting the Conditions of Approval for the Tentative Map approved by the Town are enforceable. Commissioner Patmore added one additional comment from Site Development Committee was that the roof line should not be straight. Mr. Ekern noted with regard to Mr. Solomon's con- cern over drainage swale, there is a recommended condition if this project were to receive a site development permit that the swale be upgraded. Commissioners and staff discussed the required Condition of Approval from the Tentative Map, Condition N7.c. which states House Orientation: Low profile building which cascades to the north, noting the proposed struc- ture does not meet the requirement. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Stutz and passed unanimously to continue with the applicant's consent for re -design, indicating a low profile house which cascades to the north as per the ap- proved Conditions of Approval for the Matadero Creek Tentative Map. Mrs. Bhamre, questioned how the Commission could deny a house which was already approved previously? Mr. Bhamre noted when he purchased this lot from the Town he was told he could build any type of house he wanted, and never before was informed of these Tentative Map Conditions of Approval. Chairman Kaufman informed Mr. and Mrs. Bhamre the Conditions of Approval specifically indicate a low profile house, noting the proposed house is not low profile and does not fit the contours of the land, indicating the remaining lots at Matadero Creek to build will be required to meet these Conditions of Approval from the Tentative Map. Commissioner Patmore added that at the Site Development Committee meeting we read the Conditions of Approval, noting the Bhamres had previously been informed of these re- quirements. Mr. Steven Arnold, informed Commission they would agree to a continuance and will return with a redesign for review by the Commission, noting they will submit a letter requesting an extension. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Stutz and passed unanimously with the applicant's consent to continue the Lands of Bhamre, 28530 Matadero Creek Lane, for redesign, to return with a low pro- file house which cascades to the north as required by the Conditions of Approval for the Matadero Creek Tentative Map. [. NEW BUSINESS: Ms. Zeff informed Commission there are currently many items coming up for public hearings with the Commission during the next couple months, asking Commission if they would schedule a special Planning Commission meeting for the fifth Wednesday in August, August 31st, for primarily the McCul- �Wloch Tentative Map review. em Commissioner Emling noted he will not be in Town in August. Chairman (( Kaufman noted he will be gone August 5th through 20th. Commissioner w Carico indicated she would be gone the first week of August. MOTION SECONDED AND CARRIED: Moved by Jones, seconded by Stutz and passed unanimously to set a special meeting of the Planning Commission for Wed- nesday, August 31, 1988 at 7:30 p.m. With regard to Joint City Council/Planning Commission meeting which has been re -scheduled for Sunday, July 31st, Commissioner Carico noted she could not attend, Commissioner Emling indicated Sundays are very difficult day for meetings. Chairman Kaufman noted he would contact the Mayor as the scheduling difficulties for Sundays and request a change of date for the Joint meeting. Commissioner Patmore also noted she would be out of Town. Chairman Kaufman referred to memo from City Council with regard to waiver of fees which was in all Commissioners in baskets for review. I. OLD BUSINESS: I. ADJOURNMENT: This meeting was adjourned at 11:15 p.m. to a Field Trip on Tuesday, July 19, 1988 at 1:30 p.m. to meet at the entrance to Lands of McCulloch at Stonebrook and Prospect Roads. 6D 4W Respectfully submitted, Leslie Mullins Planning Technician