HomeMy WebLinkAbout08/10/1988PLANNING COMMISSION
MINUTES OF A REGULAR MEETING
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
Wednesday, August 10, 1988
Reel 127, Side I, Track II, 023 -End; Side II, Track II, 000-040
Acting Chairman Patmore called the meeting to order at 6:00 p.m. in the
Town Hall Council Chambers.
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Commissioners Carico, Jones, Noel, Patmore, Stutz
Absent: Chairman Kaufman and Commissioner Emling
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:
MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Stutz and
passed unanimously by those members present to approve the minutes of
July 27, 1988.
Acting Chairman Patmore abstained from approval of minutes.
C. REPORT FROM CITY COUNCIL MEETING OF AUGUST 3, 1988:
MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Jones and
passed unanimously by those members present to continue report from
City Council meeting of August 3, 1988 to the August 24, 1988 when
Commissioner Emling will be present.
D. REPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF AUGUST 2 & 9, 1988
Commissioner Stutz reported the Site Development Committee on August
2, 1988 approved landscape plan for Wang on Stanford Court; Addition
for Hansen on Lone Oak Lane; Addition for DeLong on Magdalena; and
Addition for Hau on Burke Road; and Subdivision Committee reviewed
the Tentative Map for the Lands of McCulloch on Stonebrook.
Commissioner Patmore reported the Site Development Committee on Au-
gust 9, 1988 approved landscape plan for Chao on Robleda Road; new
residence for Chao on Fawn Creek Court; swimming pool for Archibald
on Camino Hermoso; garage for Smith on Camino Hermoso; Addition for
Mo on Old Page Mill Road.
Planning Commission Minutes - August 10, 1988
Page Two
L E. PRESENTATIONS FROM THE
PUBLIC HEARINGS:
LANDS OF MACHALE, FILE #TM 5-88, 12350 Stonebrook Drive, Request
for Tentative Map and Negative Declaration for two lot subdivi-
sion, (Item continued to allow applicant more time to complete
application)
LANDS OF BRAUNER, FILE #CUP 10-88, 11623 Dawson Drive, Request
for Conditional Use Permit and Site Development Permit for swim-
ming pool and conversion of barn into cabana
Ms. Zeff referred to Staff Report dated August 5, 1988 informing Com-
mission this is a public hearing to consider a requedst for a Condi-
tional Use Permit for secondary dwelling, zoning and site development
permits for the secondary dwelling, swimming pool and additions to
the existing residence. Ms. Zeff informed Commission the Brauner's
are applying for a CUP to allow them to convert an existing barn to a
secondary dwelling unit, noting under this proposal a portion of the
existing barn would become a pole barn (roof supported by poles) at-
tached to the structure, and the remainder of the structure would be
converted to a dwelling and 80 sq.ft. of storage area. In addition
to the barn conversion, Ms. Zeff informed Commission the Brauner's
are proposing a remodel/addition to the existing main house and swim-
ming pool. Ms. Zeff recommended that the Commission: a) approve the
requested Conditional Use Permit for secondary dwelling unit subject
to conditions as outlined in the August 5, 1988 staff report, and
findings required Municipal Code Section 10-1.1107 (a); b) approve
zoning permit for the proposed additions and remodeling including
seocndary dwelling, and swimming pool; c) approve site development
permit subject to conditions recommended in Bill Ekern's staff report
dated August 4, 1988.
Commissioner Noel questioned condition #2 of the CUP, asking how
staff arrives at the years for review? Ms. Zeff informed Commission
the review would be conducted in three years because the second unit
is detached, adding if the unit were attached to the residence review
would be required in five years.
Commissioner Stutz expressed concern that this is not a secondary
dwelling unit, it is a cabana. Commissioner Carico reminded Commis-
sioners of the Stamschor/Silver property on La Rena where there was
difficulty in enforcement of the secondary dwelling unit conditions
relating to driveway elimination, noting she agrees with staff that
this is a second unit. Commissioner Jones indicated a kitchen is not
a sink with garbage disposal, concurring with Commissioner Stutz'
concerns. Commissioner Jones also raised concern over condition #3
in the recommended conditions of approval of the conditional use
permit. Acting Chairman Patmore questioned how the horses get to barn
( area without entering Conservation Easement.
fir" The Public Hearing was then opened, with no one speaking for or
against this item.
Planning Commission Minutes - August 29, 1988
Page Three
MOTION SECONDED AND CARRIED: Moved by Jones, seconded by carico and
passed unanimously by those members present to delete Condition #3 of
the Conditional Use Permit conditions of approval.
Commissioners and staff discussed the site development condition #1
relating to existing gravel driveway to the existing barn to be
removed and landscaped.
The Public Hearing was then opened again.
Mr. Waterman, Designer, informed Commission only based on appearances
is there a driveway, noting it is not gravelled, noting they would be
happy to landscape or put in parking space if required.
Commissioner Jones questioned if the corral is to remain? Mr.
Waterman indicated it would be removed and landscaped.
The Public Hearing was then closed.
MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Stutz and
passed unanimously by those members present to approve the Lands of
Brauner, File #CUP 10-88, 11623 Dawson Drive, based on required find-
ings for granting of a Conditional Use Permit per Municipal Code Sec-
tion 10-1.1107 (a) as outlined in the August 5, 1988 Staff Report and
subject to Conditions of Approval for Conditional Use Permit as in-
cluded in the August 5, 1988 Staff Report with deletion of Condition
#3.
MOTION SECONDED AND CARRIED. Moved by Noel, seconded by Stutz and
passed unanimously by those members present to approve the Lands of
Brauner, 11623 Dawson Drive, Zoning Permit for additions, remodeling,
swimming pool, and secondary dwelling unit.
MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Carico
and passed unanimously by those members present to approve the Lands
of Braunder, 11623 Dawson Drive, Site Development Permit for addi-
tions, remodeling, swimming pool and secondary dwelling unit, subject
to Conditions of Approval as recommended by Bill Ekern in his August
4, 1988 Staff Report with a new Condition #12, to read as follows:
Reconstruct pathway prior to final inspection.
LANDS OF FESHBACH, FILE #CUP 12-88, 27969 Black Mountain Road,
Request for Conditional Use Permit and Site Development Permit
for an attached secondary dwelling unit and additions to existing
residence
Ms. Zeff referred to Staff Report dated August 5, 1988 informing Com-
mission this is a public hearing to consider a request for Condi-
tional Use Permit for an attached secondary dwelling unit, zoning and
site development permits for additions to existing residence. Ms.
Zeff informed Commission the Feshbach's are proposing to remodel and
add an additional 969 sq.ft. to their existing residence, noting part
of the addition is a 370 sq.ft. secondary dwelling. Ms. Zeff recom-
Planning Commission Minutes - August 10, 1988
Page Four
L mended that the Commission: a) approve the Conditional Use Permit for
V secondary dwelling unit subject to conditions attached to the August
5, 1988 Staff Report; b) approve zoning permit for proposesd addi-
tions and remodeling including the secondary dwelling; and c) approve
a site development permit for the proposed additions, and remodeling
including the secondary dwelling unit, subject to recommended Condi-
tions of Approval by Bill Ekern dated August 3, 1988.
The Public Hearing was then opened.
Mrs. Dot Schreiner, Pathway Committee, asked that the pathway be
restored prior to final inspection.
The Public Hearing was then closed.
MOTION SECONDED AND CARRIED: Moved by Jones, seconded by Noel and
passed unanimously by those members present to approve the Lands of
Feshbach, File #CUP 12-88, 27969 Black Mountain Road, Conditional Use
Permit per Municipal Code Section 10-1.1107 (a) as outlined in the
August 5, 1988 Staff Report and subject to Conditions of Approval for
the Conditional Use Permit as included in the August 5, 1988 Staff
Report, approve Zoning Permit for additions/remodeling including
secondary dwelling unit, and site development permit for addi-
tions/remodeling including secondary dwelling unit subject to condi-
tions recommended in the August 3, 1988 Staff Report.
`. 4. LANDS OF MERINGO/FEILER, FILE #VAR 11-88, 13333 La Cresta Drive,
Request for Variance and Site Development Permit for addition to
existing residence
Ms. Zeff referred to Staff Report dated August 5, 1988 informing Com-
mission this is a public hearing to consider a request for a variance
in height, maximum development area, and maximum floor area, zoning
and site development permits for a 242 square foot addition to the
existing residence. Ms. Zeff informed Commission the applicant's are
remodeling a house built around the turn of the century, noting as
part of the remodelling project, they intend to redo the existing
dormers to make them one consistent style and to allow full use of
the rooms which have the dormers, noting the house currently exceeds
the allowed height, development area and floor areas. Ms. Zeff
recommended that the Planning Commission: a) based on findings pre-
sented in the August 5, 1988 staff report, to approve the requested
variance; b) approve the zoning permit; and c) approve requested site
development permit subject to the attached conditions to Bill Ekern's
staff report dated August 3, 1988.
Commissioner Jones questioned the location of the setbacks for this
property, asking if the item should be continued to allow staff to
reevaluate the staff report, showing Commissioners a map he marked up
indicating the setback areas and the building height envelope areas
for existing and proposed. Commissioner Noel noted that the property
is currently non -conforming. Commissioner Carico noted concern over
reviewing a plan which may not be correct.
Planning Commission Minutes - August 10, 1988
Page Five
Ms. Zeff noted the applicant also requires a setback encroachment, as
6 well as others listed in the staff report.
�/ The Public Hearing was then opened and closed with no one speaking
for or against this item.
MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Stutz and
passed by the following roll call vote to approve the Lands of
Meringo/Feiler, File #VAR 11-88, 13333 La Cresta Drive for an addi-
tion to exceed the allowed height, maximum development area and floor
area and encroach into the setback area for a 242 square foot addi-
tion, based on required findings per Municipal Code Section 10-1.1107
(b) as listed in the August 5, 1988 Staff Report. Acting Chairman
Patmore requested finding #2 be amended to remove the end of the last
sentence shown on the Staff Report beginning with , as the
privilege... Finding #3 was amended to change "not" to "and not"
ROLL CALL:
AYES: Commissioners Noel, Stutz and Acting Chairman Patmore
NOES: Commissioners Carico and Jones
ABSENT: Commissioner Emling and Chairman Kaufman
It was passed by consensus to not require additional road right-of-
way.
MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Stutz and
passed by the following roll call vote to approve the zoning and site
development permit for Lands of Meringo/Feiler, for addition subject
to conditions of approval as recommended by Bill Ekern in his August
3, 1988 Staff Report with amendment to add new condition #5 to read
as follows: Protect existing trees during construction.
ROLL CALL:
AYES: Commissioners Noel, Stutz and Acting Chairman Patmore
NOES: Commissioners Carico
ABSTAIN: Commissioner Jones
ABSENT: Commissioner Emling and Chairman Kaufman
5. LANDS OF GOSE, FILE #VAR 9-88, 24915 La Loma Court, Request for
Variance and Site Development Permit for addition to existing
residence
Ms. Zeff referred to Staff Report dated August 5, 1988 informing Com-
mission this is public hearing to consider a request for variance in
maximum floor area and height, zoning and site development permis for
a major addition to the existing residence. Ms. Zeff informed Com-
mission the Goese's propose to add 2,709 sq.ft. to their existing
residence, and will require variance in declining height envelope and
floor area to allow addition. Ms. Zeff recommended that the Planning
Commission: a) based on findings presented in this Staff Repor, ap-
prove the requested variance in height, to exceed the declining
height envelope by no more than 21; b) deny the requested variance in
maximum floor area; and c) continue consideration of the Zoning and
Site Development Permits for redesign to meet the maximum floor area
iregulations, directing that the Planning Director shall perform
zoning review and approve a zoning permit if the resubmitted plans
conform to the Zoning Ordinance, and that the Site Development Com-
mittee shall consider the site development permit.
Planning Commission Minutes - August 10, 1988
Page Six
\/ Commissioner Jones questioned statements in Mr. James Dumas letter
regarding calculating garage into floor area.
Mr. Ekern informed Commission the plans submitted previously did
count a portion of the garage, noting the original proposal extended
the retaining wall, noting there is a substantial difference, noting
again the garage did count.
The Public Hearing was then opened.
Mr. James Dumas, 17 Cross Way Los Gatos, informed Commission he is
only berming one side of the structure, noting he believes he has ac-
complished the best possible location as less grading is required
with this submittal than with the previous.
Mr. Werner Goese, 24915 La Loma Court, informed Commission the plans
submitted last year were approved by the Site Development Committee,
noting he did not believe that the garage was counted towards floor
area.
Commissioner Noel questioned Mr. Goese if he has had any complaints
from neighbors with regard to the proposed second story? Mr. Goese
informed Commission we are no longer imposing on the neighbor with
this new application.
4, Mrs. Dot Schreiner, Pathway Committee, requested the Commission ob-
tain a pathway (Type IIB) along La Loma Drive to continue the exist-
ing pathway, noting path is shown on Master Path Plan.
The Public Hearing was then closed.
Commissioners discussed the proposed variance application, noting
concern over existing non -conformities, and the number of variances
necessary for this proposal. Commissioers indicated the applicant
should meet with staff and re -investigate their proposal to lessen
the number of variances requested.
MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Carico and
passed unanimously by those members present to Deny the Lands of
Goese, File #VAR 9-88, 24915 La Loma Court, Variance requests to ex-
ceed the declining height envelope and maximum floor area.
6. LANDS OF GHAFOURI, Lot #2, Request for Site Development Permit
for New Residence
Mr. Ekern referred to Staff Report dated August 4, 1988 informing
Commission it is the recommendation of staff that the site develop-
ment permit for the project as shown on the plans dated "Received,
June 24, 1988" be denied for the following reasons: 1) the proposal
to construct large retaining walls and foundation walls on the edge f
the conservation easement is not practical without performing con-
struction within the easement; 2) the construction of energy dis-
sipators as shown will likewise require construction equipment enter-
Planning Commission Minutes , August 10, 1988
Page Seven
_
Ing and damaging the conservation easement; and 3) due to the fact
4 that the project has been constructed perpendicular to the contours,
it appears to be three storeys from the east elevation, noting al-
though the proposal does step the £oundtion a total of 191, referring
to requirement for step -on -contour foundations. Mr. Ekern informed
Commission this application is before the full Commission due to the
amount of grading proposed.
The Public Hearing was then opened.
Mr. Ira Etessam, Architect, informed Commission this is a very dif-
ficult site to develops, as the overall average slope is more than
30%, indicating he has met with staff 5 times and resubmitted his
plans 3 times. With regard to the required step on contour, Mr.
Etessam informed Commission the floor area drops 5', 2' in the family
room and 3' in living room.
Mr. Ghafouri, owner, informed Commission he has worked with Mr. Etes-
sam, Mr. Paul Nowack and Staff, asking that Commission approve his
requested site development permit for new residence as they have
redesigned the project as per staff comments. Mr. Ghafouri informed
Commission the previous City Engineer indicated they should dirrect
water to creek.
The Public Hearing was then closed.
♦. Commissioners and staff discussed the proposed new residence, noting
concerns over drainage, siting on steep lot, size of home, proposed
structure is not appropriate for steep hillside, visibility from off
site. Commissioner Jones indicated he would like more information on
step -on -contour requirements, and that he did not feel this site was
visible from I-280. Commissioners noted concern over applicant's not
being advised of site development issues, asking that staff advise
applicants early in the process of issues relating to site develop-
ment, i.e., siting, grading, drainage and step -on -contour require-
ments.
MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Carico and
passed by the following roll call vote to Deny without prejudice the
Lands of Ghafouri, Lot #2, Wright Way, Site Development Permit for
new residence, due to concerns over grading (more than 20,000 sq.ft.
of earth movement), drainage, siting and visibility.
ROLL CALL:
AYES: Commissioners Carico, Noel, Stutz and Acting Chairman Patmore
NOES: Commissioner Jones
ABSENT: Commissioner Emling and Chairman Kaufman
MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Jones and
passed unanimously by those members present to waive further site de-
velopment and zoning fees for the Lands of Ghafouri (if they
redesign).
L G. NEW BUSINESS:
Planning Commission Minutes August 10, 1988
Page Eight
1. Commissioner Carico referred to letters received from Councilmem-
bers Casey and van Tamelen.
2. Acting Chairman Patmore referred to minutes received from the En-
vironmental Design Committee with regard to their role Site Develop-
ment Committee meetings, noting she would like this item agendized
for a future agenda for discussion between Commission and the En-
vironmental Design Committee. Mr. Ekern reminded Commission the
roles of Committees are prepared by the City Council. Ms. Zeff sug-
gested the September 28th meeting would be appropriate, noting we
will invite the Environmental Design Committee and inform the City
Council.
3. Acting Chairman Patmore indicated she would also like to Agendize
for future Agenda, discussion over pathways, as to when they should
be requested, etc.
H. OLD BUSINESS:
1. Commissioner Jones questioned if Commissioner Emling should have
stepped down from consideration of secondary dwelling unit defini-
tions at the last meeting, as he has a neighborhood concern in his
area. Commissioners informed Commissioner Jones that they did not
feel this was a conflict of interest, referring to statement made by
the City Attorney with regard to Commission and Councilmembers acting
on such items.
2. Commissioner Jones referred to a motion made in the July 27, 1988
minutes, indicating he did not recall the wording, asking if Motions
could be read allowed prior to voting. Commissioners informed Com-
missioner Jones the motion was correct, and yes we will being reading
motions prior to voting.
I. ADJOURNMENT:
There being no further new or old business, the meeting was adjourned
at 9:15 P•m•
Leslie Mullins
Planning Technician