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HomeMy WebLinkAbout07/17/1972PLANNING COMMISSION TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR ADJOURNED MEETING July 17, 1972 REEL PC -9: SIDE I, TRACK 1 - 00 -END Chairman Thomas P. McReynolds called the Regular Adjourned Meeting of the Planning Commission of the Town of Los Altos Hills to order at 7:55 P. M. In the Council Chambers of the Town Hall, 26379 Fremont Road, Los Altos Hills, California. The following members answered roll call: Commissioners Magruder, Mueller, Spencer, Weisbart, and Chairman McReynolds. Absent: Commissioners Lachenbruch and Perkins. CITY COUNCIL REPRESENTATIVE: Mayor Leslie A. Helgesson APPROVAL OF MINUTES: June 26, 1972. Commissioner Spencer moved, seconded by Welsbart and carried by majority vote (Commissioners Magruder and McReynolds abstaining because of absence at 6/26 meeting) that the Minutes of June 26, 1972 be approved as submitted. COMMUNICATIONS: None. ANNOUNCEMENTS: None. COMMITTEE REPORTS: I. Commissioner Mueller reported on the recent meeting of the Housing Sub -committee of the County Planning Policy Committee at which he and Councilwoman Miller attended and expressed the views of the Commission regarding the allocation of public housing among the several Cities In the County. It was the consensus of the Commission that the Planning Commission prepare a follow-up report for Council approval, urging them to forward it to the PPC, as this Is where the Housing Report will next be heard. Town Planner, George G. Mader, was asked to prepare such a draft for the next Commission meeting on July 31st, ADJOURN TO STUDY SESSION: PC -9: S I, T I - 30 - 319. I. SCHEDULE OF WORK PROGRAM. George G. Mader presented a tentative work schedule for the 1972-73 Fiscal Year, outlining the steps which would be taken on the Town's General Plan and Its Elements. 2. POPULATION REPORT ON MID -PENINSULA. Mr. Mader presented a report entitled "THE MIDPENINSULA POPULATION - 1950-70, A Background Report" dated May 1972. This will be background material supporting certain elements of the General Plan. 3. CLEARING OF LAND VS TILLING. City Manager brought up the question regarding clearing of land vs tilling. ,W The Town's Municipal Code prohibits the clearing of land In excess of 5,000 square feet without the preparation of a site plan and the payment of fees. The Code STUDY SESSION Cont'd.: 3. also provides that land may be "tilled" for agricultural or fire prevention purposes. This tilling Is not to exceed a depth of 12". Mrs. John 0. Steers, 11641 Buena Vista Drive, has asked for a clarification of our Code, stating she wishes to clear a portion of her 14.215 acre parcel to eliminate the fire hazard caused by poison oak and greasewood. After studying these portions of the Code (Sections 9-3.301, 9-3.412, and 9-3.224), the Planning Commission concurred, If the Fire Marshal agreed that the brush in question needs to be removed for fire protection purposes and If adequate supervision Is provided, that Mrs. Steers could remove this brush without the preparation of a Site Plan or payment of fees. Staff will contact the Fire Department to see If this Is a workable solution. RECONVENE TO REGULAR SESSION: 1. REQUEST FOR VARIANCE (V-366-72) TO ENCROACH 30' INTO REQUIRED 30' SETBACK FOR TENNIS COURT AT 25698 ELENA ROAD APPLICANT: HOWARD W. STOKES.(SI, TI -320-321) The applicant has requested that this Item be continued to the August 14th meeting as he Is unable to contact a neighbor regarding the acquisition of the needed easement along the Vinedo Lane side of his property. MOTION, SECONDED AND CARRIED: Commissioner Magruder moved, seconded by Spencer and carried unanimously, that the matter of the variance for Mr. Howard W. Stokes (V-366-72) be continued to the August 14th meeting. 2. REQUEST FOR VARIANCE IN SIDE AND REAR YARD SETBACKS (V-371-72) FOR TENNIS COURT AT 26756 PALO HILLS DRIVE. APPLICANT: LEE J. KUBBY (cont'd. from 6/26 meeting). CSI TI - 321 - 540) Alternate designs for the placement of the tennis court had been presented to the Planning Commissioners at the last meeting, at which time they voted to carry their action over to this meeting to allow them more time to study the proposals. City Manager reviewed the original plan and staff report, bringing the Commissioners up to date. Those speaking In favor of Alternate B, which provides the required 30' rear yard setback but still asks for a 15' variance on the west side, were: Or. Michael E. Northcutt, 12720 Dianne Drive, and Chuck Kinney, architect for the applicant. Dr. Beryl Mall, 26875 Ortega Drive, spoke in opposition to the granting of any variance. MOTION AND SECOND: Commissioner Weisbart moved, seconded by Mueller, to recommend approval of a 15' variance In the side yard as shown in Plan "B", subject to a Landscaping Plan being submitted to the Site Development Committee for review. THIS MOTION WAS DEFEATED ON A 3 TO 2 VOTE. MOTION, SECONDED AND CARRIED: Commissioner Magruder moved, seconded by Spencer, that the application of Lee J. Kubby (V-371-72) be denied without prejudice, was carried by the following voice vote: Ayes: Commissioners McReynolds, Magruder and Spencer. Noes: Commissloners Mueller and Welsbart. Absent: Commissioners Lachenbruch and Perkins. -2- 34 REQUEST FOR VARIANCE IN REAR YARD SETBACK (V-373-72) FROM 30' TO 13' AND IN SIDE YARD FROM 30' TO 17' FOR TENNIS COURT AND TO PERMIT 10' HIGH FENCE WITHIN SETBACKS AT 10520 SUNDOWN CANYON WAY. APPLICANT: RALPH PELLIGRA. (continued from June 26th meeting) (SI TI - 541-700) This Item was continued from the June 26th meeting to allow the applicant additional time to make certain corrections on his plans. Staff reviewed the application, rating that the revised plans now call for for a variance Just for the tennis court and fence (the cabana will be built within the required setback lines), reducing the easterly side yard setback from 30' to 17' and the southerly side yard from 30' to 131, and permit a fence In excess of 6' high within 25' of the property line. Discussion ensued around the need of a retaining wall around one end of the court to retain the hillside and not encroach upon the existing drainfieid. Concern was expressed regarding the stability of the soll if 4' cuts are made on this lot. MOTION, SECONDED AND CARRIED: Commissioner Mueller, seconded by Spencer, to recommend approval of the variance request of Ralph Pelligra (V-373-72) for reduction of easterly side yard setback from 30' to 17' and the southerly side yard from 30' to 13' and permit a fence 10' high within setbacks at 10520 Sundown Canyon Way, In accordance with the six criteria of the Town's Municipal Code, Section 9-5.905(b), and subject to a solis and geological report being submitted and approved by the Town Engineer and Site Development Committee, was carried by the following voice vote: Ayes: Commissioners Mueller, Spencer, McReynolds. Noes: Commissioners Magruder and Weisbart. Absent: Commissioners Lachenbruch and Perkins. 4. REQUEST OF JOHN I. QUIMBY FOR REVIEW OF DECISION OF THE SITE DEVELOPMENT COMMITTEE RE: DRIVEWAY GRADING AT NEW RESIDENCE AT 12797 LA CRESTA DRIVE. ( SI TI - 701-800. This Item has been continued several times and deals with the construction of a house next door to Mr. Quimby. He is asking that the action of the Site Development Committee be reviewed to see if this Committee acted in accordance with the Municipal Code. Commissioner Weisbart suggested that this matter be referred to the City Council since It deals mainly with an interpretation of the Code. MOTION, SECONDED AND CARRIED: Commissioner Welsbart moved, seconded by Mueller, and carried by majority vote (Commissioner Spencer abstaining) to recommend that the City Council hear this request. 5. REQUEST FOR VARIANCE (V-375-72) TO REDUCE SIDE AND REAR YARD SETBACKS FROM 30' TO 10' FOR TENNIS COURT AND TO PERMIT 12' HIGH FENCE WITHIN SETBACKS AT 12720 DIANNE DRIVE APPLICANT: DR MICHAEL E. NORTHCUTT. (SI TI - 801 - 1040) Staff presented a report noting that there Is sufficient room on this lot for the tennis court to fit Inside the required setback Imes, but that due to the location of the house and a dralnfield the court would encroach on the porch of the house. Staff recommended the application be denied or continued to allow the applicant time to modify his plan. Staff felt that this court could be placed so that there would be no encroachment along the east side of the property and possibly only 8-10' encroachment along the south side of the property. The adjacent neighbors do not oppose this variance appllcantlon. MOTION, SECONDED AND CARRIED: Commiss toner We i sbart moved, seconded by Magruder and carried unanimously, to deny Dr. Michael E. Northcutt's application, without liliiw prejudice. The applicant Indicated that he would amend his plans and resubmit In time for the next Planning Commission meeting on July 31st. -3- 6. REQUEST FOR VARIANCE (V-374-72) TO REDUCE FRONT YARD SETBACK FROM 40' to 32' ADD SIDE YARD SETBACK FROM 30' to 27' FOR NEW RESIDENCE ON LOT #28, TRACT #3306 ' (YALE COURT) APPLICANT: CHARLES L. OSBORN. (SI. TI - 1041-1141) Staff presented a report on this application, stating that due to the odd stape of the lot and the adverse terrain that a variance for the location of the house could be Justified. The actual encroachment Into the side yards will be only for the corner of the house and will not adversely affect the neighbors. MOTION, SECONDED AND CARRIED: Commissioner Mueller, seconded by Spencer and carried unanimously to recommend the granting of the variance request of Charles L. Osborn (V-374-72) for front yard setback from 40' to 32' and side yard setback from 30' to 27' for new residence on Lot #28, Tract #3306, In accordance with the six criteria of the Town's Municipal Code, Section 9-5.905(b), and subject to the conditions (a) the Site Development Committee shall pay close attention to any retaining walls and landscaping necessary to blend the structure Into the area, and (b) it is recommended that a soils report be obtained prior to the Issuance of a building permit. 7. REQUEST FOR BUILDING SITE APPROVAL (BSA -83-72) FOR LOT #27, TRACT #2958, OLIVE TREE HILL SUBDIVISION We corner of Olive Tree Lane and Olive Tree Court). APPLICANT: L. MAYER. (SI TI - 1142 - 1203) Staff presented report on this application, noting that this property was created In 1961 and therefore needing building site approval before a building permit can be Issued. Percolation tests have been made on the lot and the Health Department has Indicated a septic tank and drainfield will operate satisfactorily. The Fire Department Is asking that brush within 30' of the building site be removed prior to start of construction to reduce the fire hazard. MOTION, SECONDED AND CARRIED: Commissioner Mueller moved, seconded by Welsbart and carried unanimously, that the Check List be prepared. MOTION, SECONDED AND CARRIED: Commissioner Spencer moved, seconded by Magruder and carried unanimously, that Building Site Approval be granted for Lot #27, Tract #2958, Olive Tree HIII Subdivision, subject to the conditions of the approved Check List. 8. REQUEST FOR LOT LINE CHANGE (LLC -5-72) BETWEEN LOT #2, TRACT #4897, LANDS OF ESHNER, AND PARCEL "A", PARKSIDE TRACT #4657 (DEER SPRINGS WAY AND BYRNE PARK LANE) APPLICANT: MILTON R. HEINRICH. (Si. TI - 1204 -_1_270) Staff presented report explaining the desire of the applicant to shift a lot line between two adjacent properties owned by him In order provide a better building site for his residence. The two lots will have 1.03 acres and 1.92 acres after this change In lot line. Neither lot is further subdividabie. MOTION, SECONDED AND CARRIED: Commissioner Spencer moved, seconded by Welsbart and carried unanimously, that the Check List be prepared. MOTION, SECONDED AND CARRIED: Comm lssloner spencer moved, seconded by Magruder and carried by majority vote, Corm lssioner Mueller voting NO, that the lot line change requested by Milton R. Heinrich (LLC -5-72) be approved, subject to the conditions of the approved Check List. ADJOURNMENT: There being no further business, the meeting was adjourned at 11:03 P.M. to: f NEXT REGULAR ADJOURNED MEETING: Monday, July 31, 1972, 7:45 P. M., Town Hall. ` espec fully s bmit ed, RLI CHLE City Manager MMF/mam-7/17/72 Town of Los Altos Hills -4-