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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 V _�_ 11/9/88 R INW ikw 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