HomeMy WebLinkAbout12/14/1988kw PLANNING COMMISSION
MINUTES OF A REGULAR MEETING
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
Wednesday, December 14, 1988
Chairman Kaufman called the meeting to order at 7:35 p.m. in the Town Hall
Council Chambers.
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Commissioners Emling, Jones, Noel, Patmore, Stutz
and Chairman Kaufman
Absent: Commissioner Carico
Staff: Bill Ekern, Director of Public Works; Sally Lyn Zeff,
Planning Director; Leslie Mullins, Planning Technician
City Council Representative: Mary van Tamelen
4W B. CONSENT CALENDAR:
Commissioner Emling requested the minutes of November 23rd be amended
to note on page one the Hidden Villa structure will be 2,000 sq.ft.
Commissioner Patmore requested the motion on page four be amended.
Ms. Mullins' noted the motion was incomplete and will be corrected.
Commissioner Stutz requested the roll call vote on page five, second
motion be included.
MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Stutz and
passed unanimously to approve the minutes of November let and November
23rd as amended. Chairman Kaufman abstained from approval of November
23rd minutes; and Commissioner Jones abstained from November 1st
minutes.
C. REPORT FROM CITY COUNCIL MEETING OF DECEMBER 7, 1988:
Commissioner Patmore informed Commission the City council on December
14th set a special public hearing date for the Quarry Hills Develop-
ment on December 20, 1988 at 7:15 p.m., noting Mr. Vidovich at the De-
cember 7th meeting asked Council to consider changing his request to a
Vesting Tentative Map and entering into a development agreement; City
Council upheld Commission decision on Viso appeal; Bellucci Tentative
L Map approved; Council upheld Commission decision on Snedigar, and
recommended Commission grant a variance to them for MDA - MFA when he
resubmits; San Antonio Hills Annexation continued as residents are
viewing signatures received with Registrar of Voters. Mr. Ekern added
Planning Commission Minutes - December 14, 1988
Page Two
`r the City Clerk has been in contact with Resistrar of Voters, noting
they have re-counted signatures and do have enough.
Commissioner Stutz reported the Site Development Committee on November
29th approved swimming pool for Burns on Almaden Court; approved swim-
ming pool for Male on Berry Hill; approved addition for Haley on La
Rena; and addition for Verma on Elena.
Commissioner Jones reported the Site Development Committee on December
6th approved new residence for Zunino on St. Francis; approved addi-
tion for Liu; new residence for Mueller on Via Corita; addition for
D'Amico on Hilltop and new residence on Adobe Lane for JRH continued.
E. PRESENTATIONS FROM THE FLOOR:
Dr. Howard Martin, 11666 Dawson Drive, wanted to thank Commission for
hours they have dedicated to the Quarry Hills development, and thank
them for listening to all the concerns of citizens.
Chairman Kaufman asked Commission to approve moving the item under New
Business prior to public hearings.
4W G. NEW BUSINESS:
1. LANDS OF VAYNTRUB, Horseshoe Lane, Reduction/Waiver of application
fees
Chairman Kaufman and Mr. Ekern informed commissioners the applicant is
requesting a modification to previous approval given on Variance, Con-
ditional Development and Site Development Permits for new residence on
Horseshoe Lane, noting the applicant is requesting a waiver of fees
for this subject application.
Mr. Alex Vayntrub, 11 Denali Drive, San Mateo, informed Commission
earlier this year a variance, conditional development and site devel-
opment permits were approved for new residence, noting he has found
with the development that the decks will cause leakage into the house
and would like to extend the overhangs, noting he is not adding any
new floor area, but it would require amendment to the variance, condi-
tional development and site development permits.
Mr. Ekern noted the fees should not be waived, but the Commission
should decide whether to drop or reduce the deposit, also noting the
variance and conditional development permits could be consolidated.
Commissioner Stutz noted she does not believe that this request for
reduction in fees is a valid request, noting if the house is developed
properly then it should be able to accommodate decks not to leak.
MOTION FAILED DUE TO LACK OF SECOND: Moved by Stutz and failed by
lack of second to deny the request for waiver of fees for the Lands of
Vayntrub.
Planning Commission Minutes - December 14, 1988
Page Three
MOTION SECONDED AND FAILED: Moved by Emling, seconded by Jones and
passed by the following roll call vote to consolidate the fees and
deposit for variance and conditional development permit to: $150.00
Fee and $550.00 Deposit.
ROLL CALL:
AYES: Commissioners Emling, Jones, Noel, Patmore and Chairman Kaufman
NOES: Commissioner Stutz
ABSENT: Commissioner Carico
F. PUBLIC HEARINGS:
1. LANDS OF SHADAN, FILE #VAR 21-88 a CDP 7-88, 25561 Deerfield
Drive, Reconsideration of request for approval of variance, condi-
tional development permit and site development permit for new
residence
Ms. Zeff referred to staff report dated November 4, 1988 informing
Commission this is a public hearing to consider a request for vari-
ance, conditional development permit and site development permit for a
new residence to replace a house at 25561 Deerfield Drive and to in-
trude on the required 30' side yard setback by 101. Staff recommended
that the Commission: 1) Based on findings presented in the November
4th staff report approve the requested variance in setback; 2) based
on findings presented in the November 4th staff report, approve the
requested conditional development permit; and 3) approve the requested
site development permit subject to conditions of approval as listed in
the November 4th staff report by Bill Ekern.
Plans received by Commission in their packet were not accurate as they
showed a 30' setback, as the County Health Department did not approve
these plans previously due to lack of area for septic drainfield
lines.
Commissioners questioned if sewers would be available to hook up to
within the next couple of years and what would the risk of no expan-
sion fields be.
The Public Hearing was then opened.
Mr. Bill Cavanagh, Shadan, informed Commission the City of Los Altos
is not allowing any more connections to sewers in this area and the
closest availability to existing sewers is 1 1/2 miles away. Mr.
Cavanagh noted the neighbors have signed a variance request for this
development for the Commissioners review.
Commissioners noted the existing structures in this neighborhood are
low in profile and square footage.
Mr. Ekern noted the sewers are approximately 500-600 feet away, al-
though the City of Los Altos is now having difficulty in this area
with ground water. Mr. Ekern also noted the life time for septic is
usually 20 years, but noted this property is subject to flooding and
that does impact the ability of the septic system.
Planning Commission Minutes - December 19, 1988
Page Four
kw Mr. Rick Alves, Shadan, again informed Commission the City of Los
Altos is not allowing any more connections until they resolve the
problems with the sewer, noting problems with approval from County
Health, due to location of installation of drainage pipe to help with
groundwater on the lot and the County's requirement of keeping drain -
fields away from this pipe, noting there is no way to develop this
property without a variance.
Mr. Sandy Barker, Architect, noted there is concern that this site did
have existing house with septic system and we are planning on putting
in new septic tank and drainfields and aare trying to design a house
which is single story and keep the impacts of the development as far
away and as low from the street as is possible.
The Public Hearing was then closed.
MOTION SECONDED AND CARRIED: Moved by Emling, seconded by Stutz and
pasforsed theby the Lands oflowing Shadan,oll Filecall #VARv21-88, Denyhe
ed Deerfield
Drive
ROLL CALL:
AYES: Commissioners Emling, Jones, Noel, Patmore and Stutz
NOES: Chairman Kaufman
ABSENT: Commissioner Carico
MOTION SECONDED AND CARRIED: Moved by Stutz, seconded by Patmore and
passed unanimously to Deny without prejudice the Lands of Shadan, Con-
ditional Development Permit, File #CDP 7-88, and Site Development
Permit for new residence, 25561 Deerfield Drive
Item moved out of order.
7. LANDS OF YELTON, FILE #VAR 22-88, 14100 Berry Hill Lane, Request
for variance and site development permit for new residence to ex-
ceed allowed development and floor area
PASSED BY CONSENSUS: It was passed by consensus to continue the Lands
of Yelton, File #VAR 22-88, 14100 Berry Hill Lane, Variance and Site
Development Permit for December 28, 1988. It was noted that the ap-
plicant should be informed that the Commission does not generally ap-
prove variances for MDA & MFA on undeveloped lots for new residences.
2. LANDS OF MADLEM, FILE #VAR 25-88, 13430 Burke Road, Request for
variance to allow fence (already constructed) to exceed allowed
height and setback
Ms. Zeff referred to staff report dated December 9, 1988 informing
Commission this is a public hearing to consider a request for a vari-
ance in fence height and setback to allow a fence already constructed
to exceed the allowed height, recommending that the Commission take
one of the following actions: 1) Deny the Variance; or 2) Approve the
ky variance in fence height, subject to the following condition: a) The
applicant shall remove the lights on the top of the gate pillars. Any
lights shall be located below the top of the pillars, and not extend
above the height of the top of the pillars.
Planning Commission Minutes - December 14, 1988
Page Five
kw The Public Hearing was then opened.
Mr. Bill Madlem, 13430 Burke Road, informed Commission the pillars are
in excess of the height not the fence, asking that the lights be al-
lowed to remain.
Commissioners noted they like lighting to be incorporated into the
pillar structures, rather than placed on top.
Ms. Zeff informed Commission not only are the pillars in excess but so
is the fence in several spots, as well as the lights.
Mr. Howard Brew, Engineer, informed Commission he has measured the
fence and in his estimation it is the pillars which are over the al-
lowed height limit.
Mr. William Thompson, immediate neighbor, informed Commission he likes
the fence, the pillars and the lights and feels it is a benefit to the
neighborhood and not objectionable at all.
The Public Hearing was then closed.
Commissioner Noel noted he has no objections to this fence. Commis-
sioner Patmore noted she likes the fence and could go along with the
variance with a condition that the existing earth berm remain, but
kw would have difficulty making the required findings for a variance.
Commissioner Stutz noted this item should be divided into 2 sections:
1) lighting and 2) wall, noting she would have to vote against both,
although it is a good looking wall but was built with disregard to the
Town's ordinances and rules. Commissioner Emling noted he is prob-
lemed more not by the fence but that the applicant did not go by the
rules, noting the lights should be on the side.
MOTION FAILED DUE TO LACK OF SECOND: Moved by Stutz and failed due to
lack of second to deny Variance for the Lands of Madlem, File #VAR 25-
88, 13430 Burke Road
MOTION SECONDED AND CARRIED: Moved by Emling, seconded by Jones and
passed by the following roll call vote to approve the Lands of Madlem,
File #VAR 25-88, 13430 Burke Road, to allow existing fence to remain
and exceed the allowed height, subject to the following conditions:
1) The applicant shall remove the lights on the top of the gate pil-
lars. Any lights shall be located below the top of the pillars, and
not exceed above the height of the top of the pillars; and 2) Earth
Berms shall remain, as this variance meets the required findings as
per Municipal code Section 10-1.1107 (b).
ROLL CALL:
AYES: Commissioners Emling, Jones, Noel and Chairman Kaufman
NOES: Commissioners Patmore and Stutz
f ABSENT: Commissioner Carico
3. LANDS OF WONG, FILE 3VAR 24-88, 11675 Dawson Drive, Request for
variance and site development permit for an addition and remodel
Planning Commission Minutes - December 14, 1988
Page Six
of an existing house to exceed the allowed maximum development
area
Ms. Zeff referred to staff report dated December 9, 1988 informing
Commission this is a public hearing to consider a request for a vari-
ance and site development permit for an addition and remodel of an ex-
isting house, to exceed the allowed development and floor area, recom-
mending that the Commission: 1) Based on the findings presented in
this staff report, approve the requested variance in maximum develop-
ment area and maximum floor area subject to the following condition:
a) The existing exterior walls of the house shall remain as they ex-
ist. The appearance of the house shall not change as a result of the
remodel.
Commissioners discussed Viso application as a comparison to this re-
quest, discussion over floor area calculations. Ms. Zeff noted she
believes there is a quirk in the ordinance and perhaps the Commission
may want to re -review the ordinances.
The Public Hearing was then opened.
Mr. Liu, Cobb & Morton Architects, noted Cobb & Morton originally
designed residence and are now involved in the remodeling, noting
there is very little backfilling, and noted there are going to be
windows on the outside.
The Public Hearing was then closed.
Commissioner Emling asked if there is any consideration of color of
house and further landscaping. Mr. Ekern informed Commission at the
time of landscape plan review the oak tree was considered to be
mitigating and other street trees required to be installed. With
regard to this current application, staff made no additional condi-
tions as there were no exterior changes.
MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Jones and
passed unanimously to approve the Lands of Wong, File #VAR 24-88,
11675 Dawson Drive, Variance and Site Development Permit for an addi-
tional and remodel of the existing house to exceed the allowed maxi-
mum development area, subject to the plans presented to the Commis-
sion.
4. LANDS OF SAKAMOTO, FILE #CDP 8-88, 27640 Sherlock Road, Request
for conditonal development permit and site development permit for
an addition to existing house
Ms. Zeff referred to staff report dated December 9, 1988 informing
Commission this is a public hearing to consider a request for a condi-
tional development permit and site development permit for an addition
to an existing house, recommending that the Commission approve the re-
quested conditional development permit subject to the following condi-
tion, and approve the requested site development permit subject to the
conditions of approval outlined by Mr. Bill Ekern in his December 8,
1988 staff report: Condition of Approval for Conditional Development
Planning Commission Minutes - December 14, 1988
Page Seven
Permit: a) The area under the house, where the house is supported on
piers, shall not be covered as proposed, but shall remain open.
The Public Hearing was then opened.
Mr. Docker, Architect, thanked Planner for her time that she spent
with us on this application, notng however, he shows the addition as
900 sq.£t. and would like to know how staff got 1,292 sq.ft. of addi-
tion, also noting the present house and addition are very simple and
modest.
The Public Hearing was then closed.
Commissioners questioned the height of structure, and if the existing
garage would remain; and questioned right-of-way dedications.
Mr. Docker informed Commission the garage will be removed.
Ms. Zeff referred to worksheet #2 with regard to floor area calcula-
tions, and noted the height from highest to lowest point is 20' with a
total overall height of 14'• Ms. Zeff noted the applicant has pro-
posed addition to conform with right-of-way requirements.
MOTION SECONDED AND CARRIED: Moved by Emling, seconded by Patmore and
4 passed by the following roll call vote to approve the Lands of
Sakamoto, File #CDP 8-88, with deletion of "A"
ROLL CALL:
AYES: Commissioners Emling, Noel, Patmore and Chairman Kaufman
NOES: Commissioner Jones
ABSTAIN: Commissioner Stutz
Commissioners discussed fire control of brush near the residence.
MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Noel to
approve the Lands of Sakamoto Site Development Permit subject to con-
ditions of approval in the December 8, 1988 staff report as amended as
follows: #6. Require that the color be non -reflective earthtone,
or existing color is ok.
5. LANDS OF PEDERSON, FILE #VAR 23-88, 26910 De Zahara Way, Request
for Variance and Site Development Permit for garage addition to
allow the proposed garage to intrude on the required setback
Ms. Zeff referred to staff report dated December 9, 1988 informing
Commission the public hearing is to consider a request for a variance
and site development permit for garage edition to allow the proposed
garage to intrude on the required setback, recommending that the com-
mission take the following: Alternate #1: 1) Based on the findings
presented in the applicant's letter dated October 10, 1988 approve the
requested variance in setback to allow the proposed garage to intrude
on the required 30' setback by 8' and 2) approve the requested site
development permit subejct to the conditions of approval attached to
the conditions outlined by Bill Ekern in his memo of December 8, 1988;
or Alternate #2: 1) Deny the requested variance in setback; 2) approve
Planning Commission Minutes - December 14, 1988
Page Eight
the requested site development permit subject to the December 8, 1988
site development conditions and subject to the additional condition
listed below: a) the design of the garage shall be altered such that
no portion of the garage is located within the setback. Location of
all new construction at least thirty feet from property lines and 40'
from edge of right-of-way of De Zahara Way shall be verified in the
field during construction.
The Public Hearing was then opened.
Mr. Pederson, 26910 De Zahara Way, informed Commission he is here to
answer any questions commission may have, asking for approval of his
requested variance and site development permit.
The Public Hearing was then closed.
Commissioners discussed moving the garage up a little so as not to re-
quire a variance. Mr. Pederson said he did move it 4' but if moved
any more it will look clumsy.
MOTION SECONDED AND CARRIED: Moved by Stutz, seconded by Noel and
passed unanimously to approve the Lands of Pederson, File #VAR 23-88,
26910 De Zahara Way, based on findings presented in the applicant's
letter of October 10, 1988, to allow the proposed garage to intrude on
the thirty foot side yard setback by 81, subject to conditions of ap-
420 as listed in the December 8, 1988 staff report by Bill Ekern.
G. NEW BUSINESS:
2. Mr. Bob Stutz, presented Commission with documents on the Nolan
issues regarding easement dedications for their review.
3. Commissioner Patmore asked that during the review of the Work Pro-
gram that staff remind us to think about zoning ordinance revisions.
4. Discussion over Cable TV and timing, Mr. Ekern noted the cable
company is working on drawings, noting they need to get franchise and
financing squared away and then telephone company will approve work
within the easements, perhaps February or March of next year.
5. Commissioners asked what is the status of temporary stop sign at
Arastradero and Purissima.
H. OLD BUSINESS:
I. ADJOURNMENT:
There being no further new or old business, the meeting was adjourned at
10:25 p.m.
Respectfully submitted,
Leslie Mullins
Planning Technician