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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. V 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. V OLD BUSINESS: 4w , ADJOURNMENT: Planning Commission representative to City Council Meeting of March 15, 9989: Commissioner Emling