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HomeMy WebLinkAbout04/26/1989PLANNING COMMISSION MINUTES OF REGULAR MEETING TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday, April 26, 1989 Acting Chairman Emling called the regular meeting of the Planning Commis- sion to order at 7:30 p.m. in the Town Hall Council Chambers. A. ROLL CALL AND PLEDGE OF ALLEGIANCE• Present: Commissioners Carico, Emling, Jones, Noel and Patmore Absent: Commissioner Stutz Staff: Bill Ekern, Director of Public Works; Leslie Mullins, Planning Technician L Commissioner Jones indicated he would like to make his report under �r New Business. C. REPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF APRIL 18TH & APRIL 25TH: Commissioner Noel reported that the Site Development Committee meeting of April 18th approved a landscape plan for Vogl at 24142 Summerhill Avenue; approved a landscape plan and swimming pool for Carse at 27125 Taaffe Road, with discussion over pathway; approved a garage addition for Meringo/Feiler at 13333 La Cresta Drive; and Barrow, at 28510 Matadero Creek Lane, for a new residence, was continued to allow ap- plicant to apply for a Variance. Commissioner Carico reported that the Site Development Committee meet- ing of April 25th approved a horse arena for Taaffe/Reed at 26579 Purissima Road; approved a landscape plan for Freeman at 11871 Hilltop Drive; approved a landscape plan for Morrison at 13160 Avila Court; Chao on Horseshoe, for a new residence, was continued for geologist concerns; and discussed the location of Sun Country Cable TV within the county, would like tower cut down from 80' to 60', if at all pos- sible, and to make sure the tower is well screened. • k • ;;114Zfl im None E. PUBLIC HEARINGS: LANDS OF MCCAIN, FILE #VAR 5-89, 25619 Darling Way, Request for a Variance and Site Development Permit for a swimming pool and above ground decking to exceed allowed encroachment into building setbacks. Mr. Bill Ekern referred to Staff Report dated April 20, 1989 stating that the Public Hearing was to consider a request for a Variance and Site Development Permit for a swimming pool and above ground decking to exceed allowed encroachment into building setbacks. Staff recom- mends the following: Based on the findings presented in this Staff Report, deny the requested Variance to encroach into the setback by 25' for the proposed decking and 15' for the proposed swimming pool. The Commissioners were concerned about the septic drainfield and when Burke Road will have sewers, and also if there is a 40' setback determined. The Public Hearing was then opened. Ms. Gabriel Carey, Jones -Peterson Architects, noted that the major problem with the subject lot is the location of drainfield and expan- sion, stating the need for a swimming pool by the owners is for total enjoyment of their property. Ms. Carey noted at this time the owners are willing to give up the deck and ask only for the pool; the proper- ty is under allowed MDA -MFA asking for approval of the Variance. With regard to the Health Department approval as mentioned by Mr. Ekern in the Staff Report dated 4/20/89, Ms. Carey noted she tried to contact the Health Department today for an answer on their approval, if it was just for landscape or if it included the pool, and they could not ans- wer her question today and said they will respond later. Marilyn McCain, 25619 Darling Way, described the location of the ex- isting structures on the subject lot and proposed new pool, asking Planning Commission to approve the Variance, subject to removal of decking. Mr. William Thompson, 13410 Burke Road, informed Commissioners of his - concerns over a new parking area adjacent to the garage area in the setback, noting the original site plan from 1971 showed the barn (no greater than 15') which has now turned into a two-story barn with many abandoned vehicles in the easement and emergency turnaround, further noting no concern over the location of the swimming pool. Commissioner Emling informed Mr. Thompson he should notify staff with regard to the barn and the previous variance, and the matter of aban- doned vehicles. V Mr. Ben Hatfield, Marilyn McCain's husband, informed Commission he will remove decking from the setback area as they have been waiting a long time for a swimming pool, asking Planning Commission for approval of the subject variance request. The Public Hearing was then closed. Commissioner Jones asked if the boulders are part of the pool or the landscape. Mr. Ekern responded that it depends upon how the boulders are used, if they are part of the pool deck then they are structure, and if they are scattered then they would be landscape. Commissioner Patmore stated that she could go for 5' encroachment, but not 10'. Commissioner Noel stated that he can go along with Commis- sioner Patmore's suggestion, noting he does not like variances into setbacks. Commissioner Jones stated that he agrees with Commissioners Patmore and Noel. Commissioner Carico stated concern over the number of boulders and indicated she believes that the location of the boulders should be considered a structure. Chairman Emling stated that he felt it would be clearer if re -design was submitted without the deck. Based on discussions by the Commissioners, the applicant requested a continuance of this variance and site development request. MOTION SECONDED AND CARRIED: Moved by Jones and seconded by Noel and passed unanimously to continue Lands of McCain, File #VAR 5-89, 25619 Darling Way, for re -design. Applicant will be re -scheduled for Plan- ning Commission as soon as re -design is submitted and reviewed by staff. 2. LANDS OF CHOONG, FILE #CUP 4-89, 13435 Thendara Lane, Request for Conditional Use Permit for secondary dwelling unit and Site Development Permit for secondary dwelling unit and new residence. Mr. Bill Ekern referred to Staff Report dated March 31, 1989 stating that the Public Hearing was to consider a request for a Conditional Use Permit for a second dwelling and a Site Development Permit for the second dwelling and a new residence. Staff recommends the following: 1) Approve the requested Conditional Use Permit for the second dwell- ing subject to the following condition: The structure containing the proposed second dwelling shall be reduced in size as proposed to be no more than 1,000 square feet in Floor Area 2) Approve the requested Site Development Permit subject to the conditions attached to this Staff Report. Commissioner Jones wondered if the Ordinance states that the secondary dwelling unit shall be compatible in architecture as the main residence. Mr. Ekern stated that the Planning Commission should determine this. `IM Commissioner Patmore wanted to know who decides where the water lines go and where they dig because it is about 2' from an oak tree. Mr. Ekern stated that only under new subdivisions does the Town has control over the locations of the water lines; noting under the exist- ing development we have no jurisdiction over private property. The Public Hearing was then opened. Mr. Stephen Choong, 13435 Thendara Lane, with regard to water line location concerns raised by Commissioner Patmore, informed Commission there was a break in the line last Friday and they came out to repair it. Commissioner Noel asked Mr. Choong if the second unit will be ar- chitecturally compatible with the existing residence. Mr. Choong responded that the second unit is to be 1,000 square feet, to be stucco and painted the same color as the existing residence. The Public Hearing was then closed. MOTION SECONDED AND CARRIED: Moved by Patmore and seconded by Noel and passed unanimously to approve for Lands of Choong, File #CUP 4-89, 13435 Thendara Lane, Conditional Use Permit subject to the conditions by Staff MOTION SECONDED AND CARRIED: Moved by Patmore and seconded by Noel and passed unanimously to approve for Lands of Choong, File #CUP 4-89, 13435 Thendara Lane, the Site Development Permit subject to the Staff kw recommended conditions and two new conditions as follows: 9) Metal flashings shall be matte 10) Oak tree preserved if at all possible; fence during construction. 3. LANDS OF SAVOIE, Buena Vista Drive, Request for approval of Site development Permit for new residence. Mr. Bill Ekern referred to Staff report dated April 20, 1989 stating that it is the recommendation of the Staff that if the Planning com- mission grants a Site Development Permit that it be subject to the conditions stated on this Staff Report. Mr. Ekern also referred to Mr. Stu Farwell's letter dated April 24, 1989 stating that the Los Altos Fire Department recommends that the portion of Buena Vista Drive fronting the above parcel of property be widened and paved to Town private road standards. Commissioner Jones wanted to know how much would they need to widen. Mr. Ekern stated that it is presently 20' in width and if a subdivi- sion we would require 22' paved, which would in essence double the road. 96 The Public Hearing was then opened Mr. & Mrs. Savoie, 2150 Birch, Palo Alto, stated that the original conditions for the Steers subdivision, which states conditional excep- tion for road standards for maintaining rural atmosphere, feel strong- ly to maintain road as is. As it now stands, a fill truck could get through. The Public Hearing was then closed. Commissioner Patmore stated that this item is here because all the lots within MMAPS area are to be reviewed by the Planning Commission as policy was established earlier. Commissioner Patmore also asked Mr. Ekern to look into road right-of-way of all other lots on Buena Vista, stating that she was opposed to paving Buena Vista, but need to discuss right-of-way. Mr. Ekern stated that they are all 40' and so is this property. As this is a private road and the majority is 40', then the policy would indicate that this is to be 40' also. Commissioner Carico referred to Mr. Stu Farwell's letter and recom- mended that this portion be widened to 22'. Commissioner Emling concurred with Commissioner Carico's statement. MOTION SECONDED AND CARRIED: Moved by Noel and seconded by Jones and passed unanimously to approve Site Development Permit for Lands of Savoie, Buena Vista, subject to conditions as recommended by Staff with the following added condition: 8) Metal Flashings to be painted earthtone or non -reflective. 4. LANDS OF BARTELINK, FILE WAR 7-89, 13170 La Cresta Drive, Request for approval of Variance for fence proposed to exceed the allowed height. Mr. Bill Ekern referred to Staff Report dated April 21, 1989 stating that the Public Hearing was to consider a request for a Variance for a fence proposed to exceed the allowed height for a fence in the pro- posed location. Staff recommends that the Planning Commission take one of the following actions: 1) Based on the findings presented by the applicant, approve the requested Variance on fence height. OR 2) Deny the requested Variance. The Public Hearing was then opened. Mr. Bartelink, 13170 La Cresta Drive, requested approval of the Vari- ance. Commissioner Noel noted that the two fences are about 2-3 feet apart, and questioned if there is an easement between the two fences. ♦/ Mr. Bartelink responded "no" to this question. Commissioner Jones noted that it looks like an 8' fence is needed in some places. Asked Mr. Bartelink if he wants an 8' fence. Mr. Bartelink responded "no" to this question. The Public Hearing was then closed MOTION SECONDED AND CARRIED: Moved by Carico and seconded by Jones and passed to approve for the Lands of Bartelink, File #VAR 7-89, 13170 La Cresta Drive, the Variance subject to the applicants' find- ings. AYES: Commissioners Carico, Jones and Noel NOES: Commissioners Emling and Patmore ABSENT: Commissioner Stutz 5. LANDS OF VARSANYI, FILE #TM 4-88, Mira Loma Way, Request for road right-of-way and drainage issues for proposed two lot subdivision. Mr. Bill Ekern referred to Staff Report dated April 20, 1989 stating that it is the recommendation of Staff that the Planning Commission recommend a right-of-way for the entire length of Mira Loma Way to ac- count for its future use and development. Staff also recommends that the right-of-way of Mira Loma Way be set at 50'. Of that 50', 40' should be dedicated from the Varsanyi property. It is also the recom- mendation of Staff that the Planning Commission determine if adequate drainage studies have been performed to determine the impact of the subdivision on the downstream drainage systems. Recommendations on any required work should be made to the City Council. Staff also recommends that Santa Clara County review the improvement plans prior to acceptance of the plans and the final map. The Public Hearing was then opened. Mr. Melvin Hill, Civil Engineer, stated that drainage issues and their maintenance was discussed with the County. Commissioner Patmore stated that she would like to word a recommenda- tion to the City Council on Maximum Floor area and single story house height. Ms. Dee Cunningham, 24601 Summerhill Court, wanted to know who did Mr. Hill meet with and what did the County recommend for drainage. Mr. David Gielow, 12595 Mira Loma Way, stated that he objects to dedicating 10' from his land, thereby reducing it to under one acre. Also stated that there is another site on Voorhees, Lands of Chen, coming to Site Development next Tuesday for a tennis court, which would add to drainage. Commissioner Patmore stated that is it in fact true that we can ask for more right-of-way from Gielow and when? Mr. Melvin Hill stated that this was discussed with the upper end of Mira Loma Way and directly across to the right. We also met with homeowners in the area. Stated that the County has come out to the site and he does not know if they contacted any of the property owners. Ms. Carol Gottlieb, 24290 Summerhill, stated that she hopes that the subdivision will take into account all of Summerhill area. Also would like to see height single -story. Mrs. Rause, 12518 Mira Loma Way, responsible in '48 - '49 for County to take over; one person on the road would sign; we have been working with repairing the road since then, the flooding is terrible and could not get into the garage a couple of times. As far as she knows no one has come to ask them about the drainage. They want to know who was contacted and where is study. There are at least four neighbors which have not been contacted. The Public Hearing was then closed. Commissioner Emling stated that the following issues needed to be ad- dressed: 1) Mr. Giel.ow's question 2) Single -story size and height 3) Drainage. Mr. Ekern stated that the policy that the City Council has adopted is when properties come for a Site Development Permit, at that time the Site Development Committee would look at dominate right-of-way or if right-of-way of road needs to be brought up to standards. It is part of the Site Development review now. Policy statement defines what whole future right-of-way would become would not if it were a remodel. Commissioner Carico recommended 50' right-of-way, with 40' from the Varsanyi property, and strongly recommended that all drainage issues be addressed not only by Staff but also by Santa Clara County. Commissioner Patmore stated that she has a problem with the Gielows having to dedicate 10' from their property. MOTION SECONDED AND CARRIED: Moved by Carico and seconded by Noel and passed by the following roll call vote on Lands of Varsanyi, File #TM 4-88, Mira Loma Way, to recommend right-of-way of Mira Loma Way to be 50', with 40' dedicated from the Varsanyi property. AYES: Commissioners Carico, Emling, Jones and Noel NOES: Commissioner Patmore ABSENT: Commissioner Stutz (Note: Commissioner Patmore's "NO" vote on this motion was because she thought it put too great a burden on the Gielow property.) Im MOTION SECONDED AND CARRIED: Moved by Patmore and seconded by Noel and passed by the following roll call vote on Lands of Varsanyi, File #TM 4-88, Mira Loma Way, to recommend on lower lot the 4,500 Maximum Floor Area square feet with 20' height for single story structure in accordance with actions by the City Council at their meeting of Janu- ary 4, 1989. AYES: Commissioners Emling, Jones, Noel and Patmore NOES: Commissioner Carico ABSENT: Commissioner Stutz Mr. Ekern stated that working with the County would be no different than working with the Town of Los Altos. Applicants would supply us with Improvement Plans and we would have the County review them and respond. This is part of the Final Map. Commissioner Emling stated that it is to the advantage of the neigh- bors to attend the City Council Meetings, as the Planning Commission is only making a recommendation. MOTION SECONDED AND CARRIED: Moved by Noel and seconded by Patmore and passed unanimously Lands of Varsanyi, File #TM 4-88, Mira Loma Way, to recommend that when the Varsanyi Improvement Plans are sub- mitted, Staff will provide a copy to the County for review and input prior to review by the City Council. MOTION SECONDED AND CARRIED: Moved by Patmore and seconded by Noel and passed unanimously Lands of Varsanyi, File #TM 4-88, Mira Loma Way, to recommend that when the Varsanyi Final Improvement Plans are submitted, they will be noticed and available for public review prior to acceptance by the City Council. ORDINANCE NO. AMENDING CHAPTER 1 ENTITLED "ZONING" OF TITLE 10 OF THE LOS ALTOS HILLS MUNICIPAL CODE BY AMENDING SECTIONS 10-1.249 DEFINING A STRUCTURE, 10-1.601 CONCERNING OFF-STREET PARKING FACILITIES, 10-1.702 DEFINING A SECONDARY DWELLING; ADDING SECTIONS 10-1.249 DEFINING MINOR STRUCTURES. Mr. Ekern referred to Staff Report dated March 17, 1989 informing Com- mission this is a public hearing on zoning ordinance amendments and Negative Declarations, recommending that the Commission recommend that the City Council adopt the zoning ordinance amendments, removing the requirement for a Conditional Use Permit for secondary dwellings, in accordance with the adopted General Plan policies and adopt a negative declaration for the zoning ordinance amendment. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Jones and passed unanimously by those members present to recommend that Section 10-1.249 (1) be deleted and renumber as 10-1.249 (2) to be (1) MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Carico and passed unanimously to rescind the previous motion. 7 MOTION SECONDED AND FAILED: Moved by Patmore, failed due to lack of second to send ordinance back to City Attorney for revision, with mod- ifications to section 30-1.249 (1) by changing (less than - to not greater than); and that 10-.1249 (2), 10-1.505 to be all tied together and 504 (f) making it more consistent; noting sections include old wording from other sections. MOTION SECONDED AND FAILED: Moved by Jones, seconded by Patmore and failed due to the following roll call vote to Delete of the proposed oridnance modification Section 10-1.702 (k)(1) ROLL CALL: AYES: Commissioners Jones and Patmore NOES: Commissioners Carico, Emling and Noel ABSENT: Commissioner Stutz MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Jones and passed by the following roll call vote delete Section 5 of the pro- posed ordinance modification ROLL CALL: AYES: Commissioners Carico, Emling and Noel NOES: Commissioner Jones and Patmore ABSENT: Commissioer Stutz MOTION SECONDED AND CARRIED: Moved by Emling, seconded by Noel and passed by the following roll call to reconsider the last motion on the zoning ordinance amendment to allow Planning Commission to continue this item for further review F. NEW B 1. Election of Chairperson and Vice Chairperson for Planning Commission Commissioner Noel stated that Commissioner Stutz has been stable and the Planning Commission may want to wait on this item until she is present. Commissioner Jones recommended that the Planning Commission may want to wait until Commissioner Patmore is either re -appointed or replaced. Commissioner Carico referred to Planning Commission minutes from 1986 noting policy used to elect new Chairperson. She talked with Mr. Frank Gillio, City Attorney, earlier today and he said the adopted policy must be followed. Commissioner Patmore stated her objection to policy for rotation. Commissioner Jones stated he will abstain from vote due to reasons stated earlier. MOTION SECONDED AND CARRIED: Moved by Carico and seconded by Noel and passed to elect Commissioner Emling as Planning Commission Chairman from May 1, 1989 to April 30, 1990. AYES: Commissioners Carico, Noel and Patmore ABSTAIN: Commissioners Emling and Jones ABSENT: Commissioner Stutz MOTION SECONDED AND CARRIED: Moved by Noel and seconded by Carico and passed to elect Commissioner Patmore as Planning Commission vice Chairperson. AYES: Commissioners Carico, Emling and Noel ABSTAIN: Commissioners Jones and Patmore) ABSENT: Commissioner Stutz 2. Lands of Barrow, Site Development Permit for new residence at 28510 Matadero Creek Lane MOTION SECONDED AND CARRIED: Moved by Jones, seconded by Emling and passed unanimously to include this item onto Agenda as an Urgency Item Commissioners were informed of Mr. Barrow's problems with the Site De- velopment Permit issuance due to location of road access easement. MOTION SECONDED AND CARRIED: Moved by Jones, seconded by Patmore and passed unanimously to waiver fees required to variance 3. REPORT FROM CITY COUNCIL MEETING OF APRIL 19, 1989: Commissioner Jones reported that the City Council approved Lands of Sims and Lands of Savoie; Lands of Kopal was overturned; Lands of Carse, the deck was allowed with no conditions; Lands of Mele was sent back to the Planning Commission for new information; Lands of Horton pathway was deleted; Lands of Hom septic was continued; City council appointed a committee of Siegel and Johnson to review General Plan Amendment on Mineral Plan Amendment G. OLD BUSINESS' 1. LANDS OF KOPAL, FILE WAR 4-89, 12530 Barley Hill Road, Referral back from City Council (Item not required to be on Agenda) Mr. Ekern stated that 1987 City Council Ordinance was to not send everything back - no action needed. 2. LANDS OF MELE, FILE #VAR 2-89, CUP 1-89, 14225 Berry Hill Lane, Referral back from City Council Mele has re -designed and will no longer need a Variance. 3. Chairman Emling questioned article in newspaper with regard to four land highway off El Monte. 4. Commissioner Patmore informed Commission she heard that Los Altos has joined suit against the County of the Quarry Hills Project. 5. Commissioner Patmore questioned a comment made in the past by Sally Zeff relaint to automatic appeal on decisions made by Commission by Staff. OWTUTWUNUTUM There being no further new or old business, the meeting was adjourned at 11:45 PM. Respectfully Submitted, Jeanann Miller for Leslie Mullins, Planning Technician