HomeMy WebLinkAbout02/22/1989PLANNING COMMISSION
MINUTES OF REGULAR MEETING
t TOWN OF LOS ALTOS HILLS
` 26379 Fremont Road
Los Altos Hills, California
Wednesday, February 22, 1989
Reel
Chairman Kaufman called the meeting to order at 7:31 p.m. in the Town Hall
Council Chambers.
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Commissioners Carico, Emling, Noel, Patmore, Stutz and
Chairman Kaufman
Absent: None
Staff: Bill Ekern, Acting City Manager; Sally Zeff, Planning
Director; Kani Ingersoll -Newton, Planning Secretary
B. CONSENT CALENDAR:
Chairman Kaufman and Planning Commissioner approved the minutes of Febru-
ary 8th as ammended: Item B, Consent Calendar, last sentence with regard
to dedication of easement for Eshner, should read "for the residence of
Ms. Julie Eshner," and the "whichever is longer" was removed. Item D,
Report from Site Development Meeting of February 7, 1989, first sentence
should read Commissioner Noel where it reads "Commissioner Emling in-
formed". Commissioners asked that the ending part of last sentence in
Paragraph Two be deleted from "that Commissioner Emling has consistently,
etc.,". Page 3, second motion,"Moved by Jones and seconded by Kaufman--
should
aufman"should read "Failed"
C. REPORT FROM C_ITY COUNCIL MEETING OF February 15, 1989:
Commissioner Stutz reported that the following items were discussed at the
February 15, 1989 City Council Meeting. Council approved the following:
Lands of Eshner, File TM #8-88, Altamont Road, request for approval of
tentative map and negative declaration- Resolution approving tentative
map; Lands of Lotus Investors, Council adopted a resolution approving
final parcel map and approving and authorizing execution of subdivision
agreement; Adoption of the Road Right -of -Way policy and Exhibit Map;
Council wishes to set date for Joint Meeting with the Planning Commission
to discuss in part a Code of Ethics, Conflict of Interest and the Brown
Act.
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Minutes of Planning
REPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF
Commissioner Stutz informed Commissioners that Site Development Committee
approved a request for a pool and tennis court for Lands of Gerard, 14260
Berry Hill Court; approved a roof and Facade modification for Lands of
Daniel, 26481 Purissima Road. Commissioner Jones attended the Site Devel-
opment Meeting of Febraury 21, 1989 with a neighborhood discussion of the
intersection at El Monte and Voorhees
PRESENTATIONS FROM THE FLOOR:
F. PUBLIC HEARINGS
LANDS OF SHADAN, FILE #VAR 21-88, CDP 7-88, 25561 Deerfield Drive,
25561 Deerfield Drive, Request to Conditional Use Permit and Site
Development Permit for a new house to replace a house at 25561
Deerfield Drive.
Ms. Zeff referred to her report dated February 14, 1989, informing the
Commission of their decision at the last Planning Commission to require an
addition 5 feet of right-of-way on Deerfield Road, and continued the hear-
ing to this meeting to allow the applicant to redesign the house to meet
the front and rear setback requirements as they would be with the 5 -foot
right-of-way dedication. At the February 8, 1989 meeting, the Planning
Commission indicated its general approval of the project in other
respects. The site for the proposed development is adequate in size,
shape and topography, being a relatively flat lot, to accommodate the pro-
posed intensity of development, which will not exceed 4,000 square feet of
L Floor Area, and the lot will allow for all structures, yards, open spaces,
4/ parking, landscaping, walls, and fencesd, necessary and required for de-
velopment under the Zoning Ordinance; the size and design of the proposed
structures create a proper balance, unity and harmonious appearance in re-
lation to the surrounding neighborhood. The proposed house would be of a
similar style, although much smaller than, the newer houses in the area,
located on Burke Road. Ms. Zef£ informed Commission that based on the
findings that the request for Conditional Development Permit and Site De-
velopment Permit be approved.
The Public Hearing was then opened.
Commissioner Noel asked staff about condition #3 in the Conditions of Ap-
proval as listed in the staff report from Bill Ekern on February 14, 1989.
He stated that the building department might and should be able to charge
more fees for the digging of the foundation farther than alloted.
Mr. Rick Alves, 25561 Deerfield, he stated that at the last meeting it was
left for them to do a redesign to allow for the setbacks, he stated that
he altered the Family Room to meet setback, and decreased a total of 71.
He informed the Planning Commission that he would answer any of their
question regarding the redesign if they had any.
V
Minutes of Planning Commission Meeting
Bill Kavagahn, Shadan Inc, he informed that he has spoken at all of the
Planning Commission and City Council meetings with regard to the house at
25561 Deerfield and felt that this would be the last meeting, hopefully,
and that he figured that he should speak at this one too. Bill stated
that he became aware that the Planning Commissioners are all volunteers,
and through all the time its taken to be approved he has come into many
disagreemnts with the Planning Commission a number of times and would have
fired all of them, but he wanted to formally thank the Plannning Commis-
sioner who have spent long hours at meeting after meeting without receiv-
ing any monetary responses. He felt that if the Commission found some-
thing to be in a grey area with applicant's request that all items needing
attention be brought up at the same time, rather than spread it out over
such a long period of time. He ended with another thank you for Planning
Commissions' patience.
Mark Kaufman agrees with taking up Site Devlopment at the same time as all
other issues, and apologized for the oversights of the Planning commis-
sion.
Commissioner Patmore said that she would like to request an ammendment on
condition #3, with regard to additional fees being required by Building
Department, she stated the applicant should not be responsible for addi-
tional fees due to the lenghtly approval process due to all the time spent
going through Planning Commisison Meetings and City Council meeting, Pat -
more thinks they have paid their dues.
Bill Kavagahn, said that after he received his demolition permit, he only
scarfaced the ground, and when he received the stop work notice that he
4 had his crew stop.
Chairman Kaufman recommended either reversing or deleting Condition #3 of
the Conditions of approval, due to the fact he felt it was an administa-
tive problem
MOTION SECONDED AND CARRIED: Moved by Carico and seconded by Jones, and
passed uninamously to approve the Site Development Permit with ammendments
to Conditon #3 in the conditions of approval, and approved the Conditional
Use Permit.
MOTION SECONDED AND FAILED: Moved by Patmore and seconded by Jones, to
recommend to the Building Department they not impose any penalties for
work done upto this time. Motion failed due to vote.
AYES: Commissioner Jones, Noel, Patmore
NOES: Chairman Kaufman, Commissioners Carico, Emling and Stutz
MOTION SECONDED AND PASSED UNINAMOUSLY: Moved by Kaufman and passed un-
inamously to remove condition #3, from the Conditions of Approval from
Bill Ekerns staff report dated February 14, 1989
The public hearing was closed.
Minutes of Planning Commission Meeting of February 21,
2. LANDS OF YELTON, FILE #VAR 22-88, 14100 Berry Hill Lane, (Lot
#1 Berry Hill Lane), request for a Variance and Site Development
permit for a new house, which would exceed the allowed Maximum
Floor Area and Maximum Development Area for the lot, and would
involve grading within 10 feet of the property line.
Ms. Zeff referred to her staff report dated February 14, 1989, informing
the Planning Commission the applicant is requesting a variance in Maximum
Floor Area and Maximum Development Area for the lot, to allow the con-
struction of a new house exceeding the Maximum Floor area for the lot by
432 SF, and exceeding the Maximum Development Area for the lot by 289 SF.
the project also includes a proposal to carry out grading within the 10
feet of the property line. This item was continued at the applicant's re-
quest from the December 14, 1988 meeting to allow the applicant to work
with the Director of Public Works. The hearing was continued to January
11, 1989, and from that meeting indefinately to allow the applicant time
to revise his plans. The applicant argues that he should be granted a
variance because he had his house designed based on an erroneous net lot
area figure given him by his real estate agent and because the slope and
size of the lot limit the amount of development allowed on the lot. He
submitted a revised plan reducing the sq. ft. amount by 332 sq. ft.. His
first plan had approximately 5400 square feet and revised plan is current-
ly 4800 square feet. He stated he needs the variance for square footage
because the halls have to be wider than standard to provide enough room
for his grandson who is in a wheelchair due to Muscular Distrophy. He in-
formed the Planning commisison that the Cal -Trans offer is still a year
away and that CalTrans will notify Mr. Yelton of the offer first.
Mrs Yelton, stated she has spoken to Mr. Ceruti at CalTrans, and he as-
sured her that they would be the first people CalTrans would notify of the
�I Surplus property, because the Yelton's property is adjacent to the State
Property.
Commissioner Patmore suggested to Mr. Yelton to make a carport that would
be temporary and that would reduce the amount of development area until
the State Surplus property is avaiable and then he might not require a
variance approval from the planning commission.
Mr. Ekern suggested to Mr. Yelton to reduce the amount of paving around
the pool to loose the overage of square feet by 300 until the Surplus
property is avaiable.
Mr. Yelton was very open to any suggestions from the Planning Commission.
He stated he was willing to look at the suggestions and that he would be
suseptable to making some of the walkways of packed dirt and loose one
stall in the garage.
Chairman Kaufman informed Mr. & Mrs. Yelton that the Planning Commission
would be happier not to have to grant a variance. He also stated that it
is hard for the Planning Commission to justify granting a variance on a
new empty lot.
Minutes of Planning Commission Meeting of February 21,
Planning Commissioners suggested that Mr. Yelton do a redesign to not re-
quire a variance, and that they could continue the request indefinately,
and the ending result might be that there won't be a need for granting of
a variance.
The public hearing was closed.
MOTION SECONDED AND PASSED UNINAMOUSLY: Moved by Patmore and seconded
Stutz and passed uninamously to continue this item to a date of un-
certainty at the request of the applicant.
3. LANDS OF CHU, VARIANCE FILE, 15431 Vista Serena, request to con
sider application for variance.
NO PUBLIC HEARING WAS NECESSARY, MR. CHU WITHDREW HIS APPLICATION ON FEB-
RUARY 17, 1989-
4. LANDS OF WESTCOTT, FILE #CDP 2-87, 26140 Rancho Manuella Road,
request for Conditional Development Permit and Site Development
permit for a detached Second Dwelling.
NO PUBLIC HEARING WAS NECESSARY, MR WESCOTT WITHDREW HIS APPLICATION ON
FEBRUARY 14, 1989.
5 forDS OF appr valIofNTentativeMMapBforaae3alotsta Drivesubdivisirequest
subdivision.
NO PUBLIC HEARING WAS NECESSARY, MR. MADISON WITHDREW HIS APPLICATION ON
06 FEBRUARY 14, 1989•
6. LANDS OF VARSAYNI'FILE #TM 4-88, 12631 Mira Loma Way, continued
hearing on a request for approval of Tentative Map and Negative
Declaration for subdivision. (Referred from City Council for
review of drainage issues and for recommendation for the
proposed right -o£ -way)
NO PUBLIC HEARING WAS NECESSARY, MR. VARSANYI REQUESTED A CONTINUANCE FOR
A LATER DATE.
G. NEW BUSINESS:
Discussion of Joint Meeting with City Council.
Commissioners discussed various dated for the meeting, due to some
commissioners not being able to attend on date set. Commissioners
suggested either March 28, 1989 or April 4, 1989 when all commission
and council members will be able to attend.
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OLD BUSINESS:
4w , ADJOURNMENT:
Planning Commission representative to City Council Meeting of March
15, 9989:
Commissioner Emling