HomeMy WebLinkAbout11/09/1988�4.
PLANNING COMMISSION
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
Wednesday, November 9, 1988
cc: Reel 129, Tr. I. Side I, 001 -end, Tr. 1, Side II, 001-043
Planning Commission Chairman Kaufman called the Regular Meeting of the
Planning Commission to order at 7:35 P.M. in the Council Chambers at
Town Hall.
PASSED BY CONSENSUS: To add 'Discussion of Town Response to State and
County on water diversion plan -- Neary Quarry' to agenda as an
urgency item.
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
`. Present: Planning Commission Chairman Kaufman and Commissioners
Emling, Jones, Noel, Patmore and Stutz
Absent: Planning Commissioner Carico
Staff: Director of Public Works Bill Ekern, Planning Director
Sally Lyn Zeff and City Clerk Pat Dowd
B. CONSENT CALENDAR:
1. Approval of Minutes - October 12 and 26, 1988
MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Siegel and
passed by the following roll call vote to approve the minutes of the
October 12, 1988 meeting with the following correction: page 9,
paragraph 9 should read . .for review he could not vote for .
and to approve the minutes of the October 26, 1988 meeting
with the following correction: page 8, first paragraph under New
Business should read: 'Commission and staff discussed the reclamation
plan review by the County, noting the Commission had agendized a
discussion of the reclamation plan for November 23rd and may send a
representative to the 12/1/88 County meeting.' Regarding the 10/26/88
minutes it was also commented that there may be another condition for
Lands of Gaither concerning a conservation easement and the Commission
asked that the notes from this meeting be checked on this matter.
B. CONSENT CALENDAR: (continued):
AYES: Emling, Kaufman, Noel, Patmore and Stutz
NOES: None
ABSENT: Carico
ABSTAIN: Jones
C. REPORT FROM CITY COUNCIL MEETING OF OCTOBER 19 & NOVEMBER 2, 1988:
Patmore reported that at the 11/2/88 Council Meeting the request from
the Planning Commission for additional information on the Quarry Hills
Project had been added to the agenda as an urgency item and in large
part their request had been granted.
D. REPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF OCTOBER 18, 25 &
Noel reported that the following items were on the 11/8/86 site
development agenda: Lands of Eyzavov, Charvez, Meyer and Vidinsky were
approved and the Clausen and Eshner subdivisions will be on the next
Planning Commission agenda.
E. PRESENTATIONS FROM THE FLOOR:
Mr. Harold Nissley, 12422 Robleda, explained a controversy he was
experiencing with his neighbors over flagstone address markers and he
inquired whether or not the Town objected to address markers. Mr.
Nissley was advised that he should address his inquiry on this matter
in writing to staff.
F. PUBLIC HEARINGS:
1. LANDS OF HAO, FILE VAR #15-88, 26060 Story Hill Lane, request for
approval of variance to exceed allowed maximum development area for
addition of a patio and maintenance of existing parking and back up
space.
Commission had before them the staff report dated 11/4/88 which
included the recommendation that based on the findings stated in the
11/4/86 report the Commission approve the requested variance in
maximum development area, allowing development on the lot to exceed
the maximum allowed by 411 square feet.
Don Brandeau, applicant's landscape architect, stated that he was
available to answer any questions the Commission might have on this
application and also explained why the landscaping had not yet been
put in place.
Commissioner Stutz stated that she believed both the Town and the
applicant had been remiss in not following up on the installation of
the landscaping and she asked for clarification of the types of trees.
-2- 11/9/88
F. PUBLIC HEARINGS: (continued):
Mr. Hao, applicant, explained the delay in his attempt to save money
and to do a redesign which would be appropriate.
MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Stutz and
passed unanimously by all members present to approve the requested
variance in maximum development area, allowing development on the lot
to exceed the maximum allowed by 411 square feet, based on the
findings stated in the 11/4/88 staff report and subject to the
following condition: 'The groundcover for the slope shall be put in
within the next month.'
2. LANDS OF GHAFOURI, FILE CUP #15-88, 27580 Elena Road, request for
approval of conditional use permit for a secondary dwelling.
Commissioners had before them the staff report dated 11/3/88 which
included the recommendation that the Commission approve the requested
conditional use permit for a secondary dwelling, subject to certain
conditions.
Mr. Ghafouri, applicant, explained to the Commission that they wanted
the secondary dwelling for his mother-in-law and that the condition
requiring four parking spaces will be more than adequate as they only
had two cars.
MOTION SECONDED AND CARRIED: Moved by Jones, seconded by Noel and
passed unanimously by all members present to approve a conditional use
permit for a secondary dwelling for Lands of Ghafouri, File CUP #15-
88, subject to the following conditions: 1) The use authorized under
this permit shall comply with all applicable regulations of the Town
of Los Altos Hills, and any other applicable laws; 2) This conditional
use permit will be reviewed by staff every 5 years to determine
whether the use authorized by this permit continues to conform to the
conditions of this permit and to all applicable regulations of the
Town of Los Altos Hills and any other applicable laws; 3) If parking
for resident(s) of the secondary dwelling unit causes traffic or
circulation problems on Elena Road, the Planning Commission may at the
time of permit review, require the construction of an additional
parking space on the lot; and 4) This permit may be revoked by the
Planning Commission if at any time it is determined by the Planning
Commission that the use is not in conformance with all applicable
regulations of the Town of Los Altos Hills and any other applicable
laws.
3. LANDS OF LLOYD, FILE CUP #13-88, 12824 Brendel Drive, request for
approval of conditional use permit for a secondary dwelling
-3- 11/9/88
F. PUBLIC HEARINGS: (continued)
Commissioners had before them a staff report dated 11/4/88 which
included a recommendation and background on this project. Since that
report was prepared the applicant had submitted new information which
included written approval by the County Health Department of the
design of the septic system and plans showing that the cottage would
be located in conformance with the zoning ordinance.
Mr. Ray Rooker, applicant's architect, apologized to the Commission
for the confusion concerning this project regarding the septic system.
MOTION SECONDED AND CARRIED: Moved by Jones, seconded by Stutz and
passed unanimously by all members present to approve a conditional use
permit for a secondary dwelling for Lands of Lloyd subject to the
following conditions of approval: 1) The use authorized under this
permit shall comply with all applicable regulations of the Town of Los
Altos Hills, and any other applicable laws; 2) This conditional use
permit will be reviewed by staff every three years to determine
whether the use authorized by this permit continues to conform to the
conditions of this permit and to all applicable regulations of the
Town of Los Altos Hills and any other applicable laws; 3) The
secondary dwelling shall be used for residential purposes only, and
any home occupation operated in the secondary dwelling shall be
operated by the resident(s) of the secondary dwelling only; 4) This
permit may be revoked by the Planning Commission if at any time it is
C determined by the Planning Commission that the use is not in
�r conformance with all applicable regulations of the Town of Los Altos
Hills and any other applicable laws; and 5) The location of the
secondary unit structure shall be verified by the Town Engineer for
conformance with Town setback regulations.
4. LANDS OF BEESON, FILE CDP #6-88, 12320 Page Mill Road, request for
approval of conditional development permit and site development
permit for a new residence.
Commissioners had before them the staff report dated 11/4/88 which
included the recommendation that the conditional development permit
and the site development permit with conditions be approved.
Mr. Ron Beeson, applicant, stated that he concurred with the staff
recommendation.
Commissioners discussed various issues regarding this project,
specifically seismic safety, drainage, size of house, whether or not
it was a buildable lot and the road right-of-ways.
MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Noel and
passed unanimously by all members present to approve a conditional
development permit with 3,800 maximum floor area and 4,200 maximum
development area for Lands of Beeson at 12320 Page Mill Road, based on
y — the findings in the 11/4/88 staff report.
-4- 11/9/88
F. PUBLIC HEARINGS (continued):
MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Emling and
passed unanimously by all members present to approve a site 12320 Page
development permit for a new residence for Lands of Beeson, 9
Mill Road, based on the following conditions: 1) The applicant shall
dedicate 10' of road right-of-way of Page Mill Road such that the
half -street right-of-way is 301, per Town Standards. The dedication
shall be recorded prior to issuance of any building permits; 2) All
conditions of the Town Geologist are to be met prior to issuance of
any building permits. Geologist shall address issue of seismic safety
with respect to the mount of the toe and the top of the cliff in the
case of an earthquake of large proportions; 3) Installation of septic
drainfield shall be approved by the Santa Clara County Health
Department, prior to issuance of occupancy permits; 4) Drainage design
and location of outfalls to be to the satisfaction of the Engineering
Inspector; 5) A site drainage plan shall be approved by the Town prior
to issuance of buiding permits; 6) A landscape plan is to be provided
to and approved by the Site Development Committee prior to issuance of
building final. Drought tolerant plantings are recommended. The
landscaping shall not interfere with the sight line on Page Mill Road;
7) A color chip is to be provided for approval by the Site Development
Committee at the time of landscape review. Non -reflective colors are
recommended; 8) The location of the foundation is to be verified by a
registered Civil Engineer prior to any further construction or
W inspections as being in conformance with these approved plans; 9)
Recommend fire retardant roofing; and 10) Design of driveway access to
Page Mill Road shall be approved by the Town.
5. LANDS OF SHADAN, FILE VAR #21-88 AND CDP #7-88, 25561 Deerfield
Drive, request for approval of variance and conditional development
permit for new residence
Commissioners had before them the staff report dated 11/4/88 which
included the following recommendations: 1) the requested variance to
intrude on the required 30 -foot side -yard setback by 10 feet be
approved; 2) the requested conditional development permit be approved;
and 3) the site development permit be approved subject to certain
conditions.
Mr. Rick Shadan, applicant, explained to the Commission the proposed
siting and design of the house. He noted that the two story house set
further back on this particular lot was less visible and it also
accomodated the drainage system.
Ms. Ruth McMahon, Deerfield Drive, stated that she had no objection to
the requested variance but wanted to be sure that the drainage issue
was addressed. Mr. Virgil Gualtieri, Burke Road, stated that he and
his neighbors had no objection to this project. Although it did
intrude into the setback, it was a well placed house with a good
design.
_S_ 11/9/88
e F. PUBLIC HEARINGS: (continued):
Stutz stated that she could not approve the intrusion into the setback
and recommended that the project be redesigned to fit into the lot
without the variance.
MOTION SECONDED AND CARRIED: Moved by Stutz, seconded by Emling and
passed unanimously by all members present to deny without prejudice
the request for a variance and conditional development permit for a
new residence at 25561 Deerfield Drive, to ask the applicant to
redesign the project and to waive fees for the resubmittal.
MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Jones and
passed unanimously by all members present to reconsider Lands of
Shadan, request for variance and conditional development permit for a
new residence.
Patmore stated that she had been advised by the applicant that the
present design of the house was the result of his conversations with
the Health Department concerning the drainage on the property. He also
noted that at this time it was not possible for him to connect to Los
Altos Sewer.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Noel and
passed unanimously by all members present to rescind the previous
`, motion to deny Lands of Shadan and to continue consideration of this
matter for a determination from the Health Department whether they
would allow the house to be moved within the Town's allowed setbacks
if the drainfield were culverted.
6. LANDS OF DEGRAF, FILE CUP #14-88, 12291 Concepcion Road, request
for approval of conditional use permit and site development permit
for new residence and secondary dwelling
The Commission had before them the staff reports from the Director of
Public Works (dated 11/2/88) and the Planning Director (dated
11/4/88). The reports included the recommendation that the conditional
use permit for a secondary dwelling be approved subject to conditions
and the site development permit for a new house to replace the
existing house be denied. The Director of Public Works made this
recommendation due to the extensive grading proposed on what was
essentially a flat lot and based on the fact that the house should be
sited along the contours of the land and not across them.
Regarding the request for a conditional use permit for a secondary
dwelling, it was noted that the applicant had demolished the existing
house at 12291 Concepcion and proposed to replace it with a new house.
A secondary dwelling was proposed to be located in a small separate
building. The applicant intended to phase the project, building the
future second dwelling as a garage and then converting it in the
future to a dwelling.
-6- 11/9/88
F. PUBLIC HEARINGS: (continued):
Gordon Snedigar, applicant, explained to the Commission why both
applications were before them at this time. He believed it would
facilitate matters to proceed in this manner as they wanted to proceed
to arrange for electrical and plumbing for the secondary dwelling at
this time and wanted the permit approved and in place to do this.
The Director of Public Work's staff report noted that the size of the
proposed secondary dwelling would be 686 square feet which was under
the maximum of 1,000 square feet allowed for a detached secondary
dwelling and would be served by the same sewer and water connections
as the main house. The issues of access and parking had also been
addressed by the applicant. Regarding the lot size, it was the staff's
recommendation that if the applicant's net lot area was reduced below
an acre by road right-of-way dedication requirements, he be granted a
land required for a secondary dwelling to
variance in the amount of
allow the granting of a conditional use permit.
MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Noel and
passed by all members present to approve a conditionaluse permit for
a secondary dwelling at 12291 Concepcion Road,
based on gs
presented in the 11/4/88 Planning Director's staff report and with the
following conditions: 1) The use authorized under this permit shall
comply with all applicable regulations of the Town of Los Altos Hills
and any other applicable laws; 2) This conditional use permit will be
reviewed by staff every five years to determine whether the use
%W
authorized by this permitontinued to conform
ations otottheTconditions Altos
s of
this permit and to all app
licable Hills and any other applicable laws; 3) At the time the conversion of
the garage to a secondary dwelling occurs, two additional surfaced
shall
parking spaces meeting the requirements of the zoning
ance
be constructed on the site. The parking spaces shall be added prior to
the issuance of a building permit to allow the addition of plumbing
and wiring for the secondary dwelling; and 4) This permit may be
revoked by the Planning Commission if at any time it is determined by
the Planning Commission that the use is not in conformance with all
applicable regulations of the Town of Los Altos Hillsand any
nvaother
iance
applicable laws. Furthermore, if necessary, the appropriate
for a secondary dwelling may be applied far and the fees shall be
waived for said variance application.
Regarding the request for a site development permit, the Director of
Public work's staff report stated that if the Commission granted a
site development permit he recommended conditions e approved to as
addressing the following issues: 1) the app
ll ded
public right of way that portion of Concepcion and Purissima Roads as
to make them conforming to the Town Standard of 30' half width. This
10' of right-of-way on each road; tht
he
would be an additional e
circular
applicant shall connect to the public sanitary sewer; 3) be designed
driveway shall be redesigned; 4) the drainage p
lan to the satisfaction of the Town; 5) the grading for the pad in the
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F. PUBLIC HEARINGS: (continued):
rear yard is not approved; 6) the trees not designated to be removed
shall be protected during construction; 7) the location of the
foundation shall be verified; 8) a landscaping plan shall be submitted
to and approved by the Site Development Committee prior to final
building inspection; 9) a color chip for the house shall be provided;
and 10) fire retardant roofing shall be recommended.
Gordon Snedigar, applicant, addressed the Commission on several of the
issues raised in the staff report. Concerning grading, he stated that
he was attempting to maintain a low profile house and to reduce the
appearance of bulk from off-site. He was using the existing pad and
was unclear as to the amount of grading that was being referred to in
the staff report. Mr. Snedigar commented that he had a landscaping
plan and, if needed, the landscaping could even be placed closer to
the proposed house. Mr. Snedigar did request reconsideration of the
proposed condition which would require an arborist to provide a report
evaluating the health of the trees remaining on the property and to
provide recommendations for their care. Regarding the issue of
drainage, he noted that by using the contours on the lot the drainage
issue could be addressed. On the subject of right-of-way, the
applicant noted that the house that had been on the property used 30'
on Purissima and 20' on Concepcion and he requested some consideration
of the working plans drawn with these right-of-ways which had been in
existence for some time. In his opinion these dedications would be
adequate for a residence in keeping with the other properties in the
area and requirements for additional dedications would have a negative
impact on the allowed maximum development area and maximum floor area
for the property. Additionally, the calculations including the staff
recommended road right-of-ways indicated a lot of less than one acre.
Dot Schreiner, Acting Chairman - Pathways, Recreation and Parks
Committee, asked that the applicant be required to construct a Type
IIB path on Purissima and Concepcion.
The Commission discussed the project before them with particular
attention to the issue of road right-of-ways. Chairman Kaufman stated
that he believed the project should be redesigned and Commissioner
Patmore commented on the single driveway issue.
MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Jones and
passed unanimously by all members present to deny the site development
permit request for a new residence at 12291 Concepcion Road without
prejudice and to stipulate that there would be no fees charged for a
resubmittal by the applicant.
PASSED BY CONSENSUS: To support the requirement of a thirty foot half
width road right of way.
_8_ 11/9/88
G. NEW BUSINESS•
1. County of Santa Clara General Plan Conformance and Contiguity/
Annexation Statement - Scott Mitchell, 10415 Berkshire Drive
Commissioners had the Planning Director's 11/4/88 staff report which
included the information that because the lot was within the Town's
Urban Service Area, the County required that the Town indicate whether
or not the Town intended to require annexation prior to development on
the lot and also to indicate whether the proposed project would be
consistent with the Town's General Plan.
Mr. Scot Mitchell, applicant, stated that he did not want to be
annexed to the Town as he wished to proceed now with his proposed
subdivision through the County.
MOTION FAILED BY THE FOLLOWING ROLL CALL VOTE: To direct the Planning
Director to comment to the County that the proposed development, which
would create lots of at least an acre in size, would be consistent
with the Town's General Plan, but that the issue of whether or not the
land should be annexed to the Town is about to be decided by the
residents of that area.
AYES: Kaufman and Patmore
( NOES: Emling, Jones, Noel and Stutz
ABSENT: Carico
H. OLD BUSINESS:
1. Urgency Item Added to Agenda: Neary Quarry -- Discussion of
response to State and County on water diversion plan
It was noted that comments were due by November 23rd on the water
diversion plan. The Planning Commission had a meeting scheduled for
11/14/88 on the Quarry Hills Project and the City Council had a
meeting scheduled for 11/16/88 at which time the Town Response could
be discussed for comment by the 23rd.
I. ADJOURNMENT:
There being no further new or old business to discuss, the Planning
Commission adjourned at 11:10 p.m. to an Adjourned Regular Meeting
at 6:30 p.m. on Monday, November 14th.
Respectfully submitted,
Patricia Dowd, City Clerk
-9- 11/9/88