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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