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Minutes of a Regular Meeting APPROVED
Town of Los Altos Hills
PLANNING COMMISSION
Wednesday, June 23,1993,7:30 P.M.
Council Chambers, 26379 Fremont Road
cc: Cassettes #12-93 (2)
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Planning Commission meeting was called to order at 7:30 p.m. in the Council Chambers
at Town Hall.
Present: Chairman Pahl, Commissioners Cheng, Comiso, Ellinger, Schreiner,
Sinunu & Stutz
Staff: Linda Niles, Town Planner; Jeff Peterson, City Engineer; Lani Lonberger,
Planning Secretary
Persons wishing to address the Commission on any subject not on the agenda are invited to do so
now. Please note, however, that the Commission is not able to undertake extended discussion or
take action tonight on non-agendized items. Such items will be referred to Staff or placed on the
agenda for a future meeting.
None
Items appearing on the Consent Calendar are considered routine and will be adopted in one motion,
except for any item removed for separate consideration elsewhere on the agenda. The Chairman will ask
the Commission and the audience for requests to remove these items.
None
Commissioner Comiso presented Chairman Pahl with a Plaque in recognition of his
contribution as a Planning Commissioner from 1989/1993 and as Chairman of the
Planning Commission from 1992/1993 from the Town of Los Altos Hills. He will be
missed by the residents and the Commission.
Planning Commission Minutes APPROVED
June 23, 1993
Page 2
4. REPORT FROM THE CITY COUNCIL MEETING OF TUNE 16-1993
4.1 Planning Commission Representative was Commissioner Comiso. Items discussed
at the City Council meeting were as follows: The City Council are unanimously
opposed to two entrances to a piece of property except for safety reasons. It was noted
that when you have two entrances or exits from a piece of property, safety is an issue.
The Council would rather see a turn around and enter and exit one driveway, if
possible. The Council did agree with the Planning Commission's reasoning regarding
the two entrances for the Lands of Burnett. Lands of Garrow was pulled previously for
Public Hearing. The Council felt this was a bulky house and Council member Dauber
would like to see the pad smaller. Council member Tryon disliked the highest part of
the house being on the highest topography of the land. She would rather see more cut
into the land to lower the facade. Council member Dauber agreed with Tryon stating
grading should be down to lower the profile and she would rather see the house sunk
more. Commissioner Schreiner noted that Council member Dauber was also concerned
that from the road way to the highest point of the house was 50'. Commissioner Comiso
discussed a study completed by Bill Ekern on the Lands of Hansen off of Amherst Road
and requested a copy of the study for the Planning Commission. She further discussed
the possibility of plumbing a house for septic and/or sewer and felt this could be
reviewed on new projects that would not be connected to a sewer system.
The Planning Commission Representative for July 7,1993 will be Commissioner Simmu.
PUBLIC HEARINGS
5.1 A GENERAL PLAN AMENDMENT TO ADD THE HOUSEHOLD
HAZARDOUS WASTE ELEMENT AND SOURCE REDUCTION AND
RECYCLING ELEMENT TO THE TOWN'S GENERAL PLAN.
Household Hazardous Waste Element -There was nothing further to add by Staff.
OPENED PUBLIC HEARING
Being no public input;
CLOSED PUBLIC HEARING
The Commission objected to the length and the format of both elements and suggested
staff to summarize, keeping the original available for reference. It was noted the
Household Hazardous Waste Element format was standard throughout the state.
Ms. Niles stated the Commission's comments could be carried to the City Council as the
comments were well taken.
Planning Commission Minutes APPROVED
June 23, 1993
Page 3
Commissioner Stutz discussed the definition of Household Hazardous Waste. Once
products are no longer needed by the consumer, the unused portion is considered
household hazardous waste.
Commissioner Ellinger suggested summarizing the comments stating, "we find that this
document is verbose, we find that this document is grammatically incorrect, we find
that it is riddled with references which are not substantiated in other portions of the
document."
MOTION SECONDED AND PASSED: Motion by Commissioner Ellinger and seconded
by Commissioner Comiso recommending denial, refer back for rewrite, limiting the
rewrite to no more than 4 pages, double sided.
AYES: Chairman Pahl, Commissioners Cheng, Comiso, Ellinger, Schreiner,
Simmu and Stutz
NOES: None
Source Reduction and Recycling Element -There was nothing further to add by Staff.
OPENED PUBLIC HEARING
Being no public input;
CLOSED PUBLIC HEARING
MOTION SECONDED AND PASSED: Motion by Commissioner Ellinger and seconded
by Commissioner Comiso recommending denial, refer back for rewrite, limiting the
rewrite to no more than 8 pages, double sided.
AYES: Chairman Pahl, Commissioners Cheng, Comiso, Ellinger, Schreiner,
Sinunu and Stutz
NOES: None
5.2 LANDS OF HANSEN/WAYMAN, 11881 Francement Drive and Lot 3 of the
Bellucci Subdivision; A request for a Tentative Map for a Lot Line Adjustment.
Mr. Peterson introduced this item noting the two lots were part of the Bellucci
subdivision. There was one outstanding Condition of Approval relating to some
geologic issues, and prior to any building permits being issued these would have to be
finalized.
Commissioner Cheng requested a vicinity map be provided to the Commissioners in
their packet on future lot line adjustment applications for easier clarification of the lots
` in question.
Planning Commission Minutes APPROVED
June 23, 1993
Page 4
Mr. Peterson discussed the Staff Report noting the LUF calculations were based on
contours interpolated from survey data that has an inherent margin of error. If the LUF
is 1.00 calculated by one surveyor, another surveyor may measure slightly differently
which could drop the LUF below 1.00. On future application surveys, the contours that
result may be slightly different than the previous survey, potentially dropping the LUF
below 1.00. The MFA and MDA would then change dramatically. To avoid this, Staff
has recently been requesting that applicants creating new lots build a slight factor of
safety into their lot size, however, the applicant chose not to do so and requested that
the application be heard as submitted.
Chairman Pahl discussed the possibility that the 1.01 LUF submitted by Giuliani & Kull
could be artificially low; another competent surveyor could arrive at a 1.05 LUF using
the same logic used by Mr. Peterson to assert that another surveyor might find a LUF
below 1.0.
OPENED PUBLIC HEARING
Susan Roberts, Giuliani & Kull, representative for both applicants. She noted that when
preparing a survey on a piece of property, and when that piece of property is sold,
normally that survey follows that property. They have submitted Site Development
applications on both lots using the survey presented to the Commission. They were not
anticipating the problem discussed by Mr. Peterson. The Wayman house sits up on the
top portion of the lot and their recreational area is down on the lower portion of the lot.
The interest in moving the lot line would be to expand the usable outdoor area on the
lot. The applicants are requesting approval on this project based on the application
which meets the current Town ordinances. They are in agreement in that the 1.01 LUF
could go higher or lower if someone else surveyed the lots, however, the fact that they
have made applications on both lots should rule out that concern.
Chairman Pahl asked if Mr. Peterson was comfortable with the quality of the survey.
Mr. Peterson stated he was comfortable that this was within the accuracy required.
Ms. Roberts noted that the surveys which were done on the two lots were originally
aerial surveys. They have supplemented those surveys with field work and to
supplement those areas that were a little weak in the aerial topography.
Bob Wayman, 11975 Murietta Lane, discussed the lot he purchased 2 years ago. The
part of parcel 3 that they are interested in buying was up on their part of the property.
The home on parcel 3 would be built some 50' to 60' below so the upper level would be
useless to the Hansen. The attraction of moving the lot line as far as possible was that
it would yield the best, most private and the least obtrusive use of the land. He felt that
everyone was better off the farther the lot line goes. He was told some time ago it
`, would be better to leave a buffer with regard to the LUF. It was not until a few weeks
Planning Commission Minutes APPROVED
June 23, 1993
Page 5
ago that the prospect of a 1.04 or 1.05 was mentioned. The value of the property was
different depending on where the lot line was drawn, and he felt it was frustrating to
have this issue come up at the last moment as 5% was not a minor amount. He felt it
was appropriate to continue with the project as submitted.
Chairman Pahl discussed the house design proposed on Lot 3 and asked Mr. Wayman if
the size of the house had an effect in terms of how close they are getting to MFA. Mr.
Wayman stated the house design the Commission had before them was designed to the
original MFA. Mr. Wayman noted the main factor in the lot line adjustment was
privacy and usability of the property.
Commissioner Ellinger discussed the easement and Mr. Wayman noted that from
elevation 465 and higher, nothing could be built or used in any way for recreation or
otherwise. The Waymans would have use rights above elevation 465.
Ms. Roberts discussed the concerns regarding the other house being completely
enclosed below the 100 year flood line and this line was currently shown on FEMA
maps. She further discussed the Bellucci property and the fact that they have filled all
of that area to bring those lots up above the flood elevation.
CLOSED PUBLIC HEARING
Commissioner Stutz commented that on parcel 3, the house that is planned does not
even have a swimming pool although it was noted there was sufficient MDA.
Chairman Pahl discussed Town ordinances which state that lots could be built on 1.0
Lot Unit Factor. The City Engineer accepted this survey as a quality survey and there
was a safety factor of 1.01 LUF on Parcel 3. Chairman Pahl suggested, unless there was
substantial grading, the Planning Commission could accept the surveys and thus setting
the numbers of the MDA and MFA on Lot 3 and Parcel 3. This would eliminate a
problem with a new survey being submitted with new numbers.
Ms. Roberts was asked previously what the MDA and MFA would be on Parcel 3 if the
LUF was 1.05; MDA 11,221 sq. ft. and MFA 5,696 sq. ft. She mentioned that the
application that was submitted on Parcel 3 did not have a pool, however, the
development area that they are proposing on Parcel 3 was 8,519 sq. ft. which is
substantially under the maximum and would accommodate a pool.
MOTION SECONDED AND PASSED: Motion by Commissioner Comiso and seconded
by Commissioner Ellinger to recommend approval of the proposed lot line adjustment
with the 1.01 LUF on Parcel 3 and 1.63 LUF on Lot 3; accepting the survey.
Commissioner Comiso agreed with Staff that there should be a safety factor in the Lot
`, Unit Factor and that it should be looked at carefully. She appreciated the work Staff has
Planning Commission Minutes APPROVED
June 23, 1993
Page 6
put into this project and the reasoning for requesting a 1.05 LUF. In this case, it was felt
it did not make a substantial difference between 1.01 and 1.05 and the Commission
would accept the map as submitted.
AYES: Chairman Pahl, Commissioners Sinunu, Stutz, Cheng, Comiso, Ellinger &
Schreiner
NOES: None
This item is subject to a 10 day appeal period before final planning approval.
5.3 LANDS OF SCHUMAN, 23715 Camino Hermoso; A request for a Site
Development Permit for a Major Addition and Driveway Modification.
Ms. Niles introduced this item stating there was a correction to the Staff Report on page
2, paragraph 2, deleting "This will involve 3,100 cu. yd. of export."
Commissioner Schreiner discussed condition #11 requesting a Type IIB path be
constructed on Fernhill Drive. The path is on the other side and is a constructed path of
Neary fines and header boards and she felt #11 could be deleted.
OPENED PUBLIC HEARING
Peter Duxbury, 545 Byron Street, Palo Alto, architect, discussed the proposed project.
The existing project is a ranch house approximately 45 years old with only two
bedrooms. The addition would include a new bedroom, turning the existing living
room into a family room, adding a living room and dining room, small breakfast room,
and reconstructing the 2 car garage into a 3 car garage. The house would be a Hacienda
style home with the same mass of the existing house, only extending the lines. There
will be no impact on neighbors. The house is in a Type E earthquake zone; there was
extensive geologic work completed and the fault is stable now. Their soils engineer and
William Cotton's office agreed on the safety of the location. Mr. Duxbury agreed with
the Conditions of Approval.
MOTION SECONDED AND PASSED: Motion by Commissioner Ellinger and seconded
by Commissioner Comiso to approve as submitted, deleting condition 11.
AYES: Chairman Pahl, Commissioners Stutz, Cheng, Comiso, Ellinger, Schreiner
& Sinunu
NOES: None
This item is subject to a 10 day appeal period before final planning approval.
5.4 LANDS OF MACDONALD, 11500 Francemont Road; A request for a Site
Development Permit for a New Residence, Cabana and Pool.
M
Planning Commission Minutes
June 23, 1993
Page 7
Ms. Niles stated there was nothing further to add to the Staff Report.
APPROVED
Commissioner Schreiner asked for clarification regarding the road right-of-way
dedication. Mr. Peterson discussed the Harker application submitted several months
ago and the road right-of-way dedication for a total of 50' which fits within the Town's
right-of-way policy. The dedication is to finish out the 50' right-of-way width. The
MDA and MFA figures have been changed to reflect the dedication.
Curtis Folsom, 2444 Denevi Drive, San Jose, designer, discussed the issues addressed in
the Staff Report including the circular driveway as proposed, and he noted the project
was actually on two lots so they would not be increasing the number of driveways on
Francemont. Mr. Folsom presented a photo montage of the project from Francemont
and he felt the house would be well screened.
Commissioner Comiso felt the setback lines should be on a plan which was determined
to be approximately 65'. The Staff Report stated the applicant had reserved enough
square footage to construct a second unit on the site at a later date. She discussed where
the second unit would be placed and how it could be reached. Mr. Folsom stated the
second unit would be a long term possibility. The Commission and Mr. Folsom further
discussed possible sites for the second unit. It was suggested to plan for the second unit
site now rather than later when placement may be difficult. Commissioner Comiso
discussed the garage and the driveway turn around area which she felt was a difficult
turn. The basement and size of the basement were discussed. The basement will be
used for a wine cellar and shop and future use would be for a media room and exercise
room.
Commissioner Schreiner discussed the basement and the pathway system on this
project being heavily used. She was concerned with the applicant's privacy.
The Staff Report on page 3, paragraph 2 mentioned grading and that some of the
existing persimmon and walnut trees on site were proposed to be retained.
Commissioner Stutz stated Mr. MacDonald assured her that the persimmon trees would
be kept and this should be noted in the conditions of approval.
CLOSED PUBLIC HEARING
Chairman Pahl discussed the bulk and size of the house on a flat lot, the configuration,
driveway turn around and the secondary unit being calculated in now rather than later.
He felt the house could sit on the property better by a reconfiguration and there was a
large amount of cut and fill. He suggested not a redesign but a reconfiguration of the
house.
Planning Commission Minutes APPROVED
June 23,1993
Page 8
Commissioner Comiso discussed the mounting and berming to create a buffer between
the horses, walkers and the home. She mentioned a home on Altamont and their lack of
privacy. This is a large house on a large piece of property on a flat lot with considerable
MDA and MFA, and it was felt there was no need for removal of 1,500 cu. yds. of cut
and fill. She suggested a continuance for re -design and suggested a site analysis
meeting with the Commission and applicant. The applicant's representative agreed
with the continuance.
Ms. Niles requested further direction from the Commission if they are encouraging
deletion of the basement and/or reduction in the cut and fill. Commissioner Ellinger
noted he would object to the basement if the 1,500 cu. yds. were trucked off the site. He
did not know if it was easier to provide for a dry house in this low spot or not and he
would like to examine how the drainage would be affected by the cutting.
Commissioner Cheng was not opposed to the basement.
MOTION SECONDED AND PASSED: Motion by Commissioner Comiso and seconded
by Commissioner Stutz to continue this application for a re -design.
AYES: Chairman Pahl, Commissioners Cheng, Comiso, Ellinger, Schreiner,
Sinunu & Stutz
NOES: None
5.5 LANDS OF YUNG, 13880 Campo Vista Lane; A request for a Site
Development Permit for a New Residence, Second Unit, Pool, Gazebo and
Driveway Modification.
Ms. Niles introduced this item stating there were corrections to the Staff Report on page
3, paragraph 3 regarding improvements to the existing road pavement that is along
Campo Vista Road in front of the house. The comments from the engineering
consultant were that it was not necessary to request additional pavement at this time
unless they are sure there will be a widening of the road later. In the City Engineer's
review of the project, he felt it would be appropriate to request at least an additional 3'
of pavement for the existing right-of-way on this side of the road. This would be added
as condition #19.
Commissioner Stutz felt that since the applicant owned half of the road and they
already have 12' of pavement, it would be up to their neighbor across the street to
provide more pavement. Ms. Niles noted the entire 12' of pavement was not on the
subject property but more than half of it was on the property. Commissioner Stutz
thought Campo Vista was an unsafe width at the present time and that it should be
required to be opened up the rest of the way down the road.
OPENED PUBLIC HEARING
Planning Commission Minutes APPROVED
June 23, 1993
ty,, Page 9
�` Susan Roberts, 20431 Stevens Creek Blvd., Cupertino, applicant's representative,
submitted a revised design for the Commission as mentioned in the Staff Report. She
had no comment concerning the request for an additional 3' of pavement. She further
discussed the previous design which had been approved and the house being pushed
back an additional 70'.
Lorraine Young, 13850 Campo Vista Lane, neighbor, stated their side of the road had
been dedicated for the road years ago and the other side of the road should be
dedicating, not their side.
Tony Yung, 13880 Campo Vista Lane, applicant, discussed the changes in the house
design from the previous approval.
CLOSED PUBLIC HEARING
Commissioner Comiso noted she had voted approval of the previous design. She did
not feel the new two story design would be any more visible than the previous one
story plus three-quarter second story design. Commissioner Cheng also felt the new
design was an improvement. Commissioner Schreiner was concerned at first with this
bulky two story house, however, after another site visit she felt this house would not be
visible.
MOTION SECONDED AND PASSED: Motion by Commissioner Comiso and seconded
by Commissioner Cheng to approve the application as conditioned by Staff, adding
Condition 19 requesting an additional 3' of pavement for the existing right-of-way on
their side of the road.
AYES: Chairman Pahl, Commissioners Ellinger, Schreiner, Simmu, Cheng &
Comiso
NOES: Commissioner Stutz
Commissioner Stutz stated her no vote was because the application was for a two story
house on a ridge. Also, she did not believe the applicants should be liable for the
additional Y of pavement.
This item is subject to a 10 day appeal period before final planning approval.
6. NEW BUSINESS
6.1 Planning Commission Rotating Schedule for Attendance of City Council
Meetings 1993/1994. The Commission was provided an updated schedule including
the new Planning Commissioner, David Takamoto.
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Planning Commission Minutes
June 23, 1993
Page 10
6.2 Commissioner Sinunu will be replaced as the representative for the Housing
and Community Development Block Grant Committee as of July 1, 1993.
6.3 Commissioner Con -iso suggested the Design Guidelines Handbook should
be reviewed by the Planning Commission. A copy of the Handbook will be provided to
all Commissioners.
OLD BUSINESS
7.1 Scenic Highways Element and Path & Trail Element will be continued.
7.2 Circulation Element, continued from the June 9, 1993 Planning Commission
Meeting will be continued.
7.3 Recreation Element, continued from the May 26, 1993 Planning Commission
Meeting will be continued.
7.4 Land Use Element, continued from the May 26, 1993 Planning Commission
Meeting will be continued.
7.5 Conservation Element scheduled for 7/14/93 will be continued to a later
k date.
8. APPROVAL OF THE MINUTES OF TUNE 9.1993
The minutes of June 9, 1993 will be continued for changes to page 2, last paragraph,
removal of Ms. Munoi letter, changes to page 5, paragraph 2 and further editing
9. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETING OF
TUNE 22.1993
9.1 LANDS OF SPOHR, 27340 Julietta Lane; A request for a Site Development
Permit for a pool, spa, deck and landscape plan. Approved with conditions.
10. ADIOURNMENT
The meeting was adjourned by consensus at 9:48 p.m.
Respectfully submitted,
LaniLonberger
Planning Secretary