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Home My WebLink About06/14/1989PLANNING COMMISSION MINUTES OF REGULAR MEETING TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday June 14, 1989 Reel Chairman Emling called the meeting to order at 7:30 P.M. in the Town Hall Council Chambers.' A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Carico, Noel, Patmore, Stutz, Jones, Comiso and Chairman Emling Absent: Commissioner Jones Staff: Bill Ekern, Director of Public Works; Leslie Mullins, Planning Technician, Diane Williams, Planning Secretary B. CONSENT CALENDAR: The consent calendar was consisting of minutes of June 7, 1989, was unanimously approved as amended. C. REPORT FROM CITY COUNCIL MEETINGS OF JUNE 7 and JUNE 13, 1989: 1. Commissioner Noel presented relevant information from the City Council meeting. 2. Bill Ekern reported on the City Council meeting of June 13th, on the Quarry Hills Subdivision to certify and the election results which were continued for 90 days for re -design to con- form with Zoning Ordinary Hills Subdivision and the election of the June 6, 1989 ballot. D. REPORT FROM SITE DEVELOPMENT COMMITTEE MEETING OF JUNE 6, 1989: Commissioner Noel presented relevant information from the Site De- velopment Meeting. E. PRESENTATIONS FROM THE FLOOR: Commissioner Carico presented a letter from Libby Lucas of the League of woman voters regarding the issue of Hydrology and Water Quality. The League of Woman Voters is concerned over water qual- ity. They expressed concern over the setbacks required along Adobe Creek for the Bellucci & Gaither Subdivisions. The issue of Con- struction in flood plains was raised, citing recent flood damage in Alviso. F. PUBLIC HEARINGS: 1. LANDS OF BADERTSCHER, FILE #VAR 11-89 27284 Byrne Park, Vari- ance for encroachment of a carport into front setback by 25'. Bill Ekern presented the staff report recommending approval of the requested variance and Site Development Permit. Commissioner Stutz stated that previous discussions were not intended to indicate that the carport should be in front of the house, but next to the garage. The Public Hearing was opened. Mrs. Badertscher addressed the Commission. She discussed her attempts to determine alternative sites for the carport. She was willing to reduce the carport by removing the storage shed. General discussion by Commissioners regarding what con- stituted a carport. Staff defined a carport as a structure not having floor area, that is less than 3 walls. The Public Hearing was closed. MOTION MOVED AND SECONDED: Carico/Noel, to approve the variance for construction of a one car carport with an encroachment of 20' setback area as shown on plans dated "Received, April 19, 1987 as redlined, based on the findings presented in the Staff Report dated June 6, 1989. AYES: Comiso, Carico, Noel, Stutz, Patmore and Chairman Emling NOES: Stutz ABSENT:Jones 2. LANDS OF BARROW, FILE #TM 14-89, 28510 Matadero Creek Lane Request for Variance and Site Development Permit for New Residence to encroach into setback area and Site Development Permit for Residence and Pool. Mr. Ekern presented the staff report recommending approval of the requested various and Site Development Permit, as conditioned. Mr. Ekern provided a brief history of the project explaining why the project had ended up before the Commission. The need for a variance was not discovered until the Site De- velopment Meeting. Rather than re -design, Mr. Barrow chose to apply for a variance. The Public Hearing was opened. Mr. Barrow, 2470 Wooding Court, San Jose, said he was available for questions from the Commissioners. The Public Hearing was closed. MOVED AND SECONDED: (Noel/Comiso), the following motion: 1. Approve Variance for encroachment of 17.5 feet into the building setback for the construction of a new residence, based on the findings presented in the Staff Report dated June 16, 1989. 2. To approve the Site Development Permit for a new residence and Swimming pool, subject to the staff recommended Conditions, plus the following conditions as proposed by the Commission: Pathways to be reconstructed at end of construction. Skylight Reclaimed water must be used. AYES: Noel, Stutz, Carico, Comiso, Patmore and Emling NOES: None ABSENT:Jones 3. LANDS OF YUE, FILE #VAR 8-89, 26129 Elena Road Request for Var- iance and Site Development Permit for New Residence to encroach into setback for retaining wall, driveway, and entry and porch. Bill Ekern presented the Staff report recommending denial, as Staff was not able to make the findings required for grading - within 10 feet of a property line. The Public Hearing was then opened. Mr. Yue, 10423, Henry Creek Place, Cupertino, addressed the Commission. He indicated that he has spoken with the Health Department regarding the location of the septic leach fields and gave detailed information of the constraints of the lot. The Public Hearing was closed. There was general discussion regarding the rationale behind no grading within 10' of property lines. Staff indicated that it was essentially a question of health and safety, especially on lands affected by septic drainfields. MOVED AND SECONDED: (Patmore/Noel), to Continue the public hearing with the applicant's consent for a redesign of the driveway or house to eliminate the grading and retaining wall within 10' of the property line. AYES: Comiso, Patmore, Noel and Emling NOES: Carico, Stutz, ABSENT:Jones 4. LANDS OF GOODMAN, FILE #VAR 13-89, 14085 Mulberry Lane, Request fir' for Variance for construction of a garage into side yard set- backs. Mr. Ekern presented the Staff Report recommending approval of the construction of the garage into the setbacks by 11.5' and 25'. As explanation he further discussed the historical nature of the site. Commissioner Stutz asked why staff did not object to increase the setback violation. Staff stated that the change was not significant and was caused by concerns for architectural in- tegrity. The Public Hearing was then opened. Mr. David Hubei, architect, 1320 White Oaks Road, Campbell dis- cussed the project. The garage size had been somewhat in- creased based on Architectural Design Standards. The Public Hearing was closed. MOTION MOVED AND SECONDED BY: Carico/Noel to approve the vari- ance for the construction of a garage encroaching 11.5' and 25' into the building setbacks, based on findings presented in the Staff Report. AYES: Carico, Comiso, Noel, Patmore, Stutz and Emling NOES: None ABSENT:Jones 5. LANDS OF KEENAN, FILE # CDP3-89 and #VAR 17-89, 13293 Rhoda Drive, Request for variance to allow deck to exceed MDA by 4,710 square feet. Staff recommends that the Planning Commission determine the ap- propriate level of development for this lot and this property. Staff recommends to approve the requested variance and Site Development Permit to exceed the maximum development area by 4,710 square feet for the construction of decking. The Public Hearing was opened. Commissioner Patmore discussed four findings for this variance. The house already exists and was legally allowed. Finding 1. Safe Engress and egress would be denied if this variance were denied. Finding 2. The decks do not significantly change the current situation. Finding 3. There are no complaints on the existing use, which will not change materially. Finding 4. Decks are an allowed use. The Public Hearing was closed. MOTION MOVED AND SECONDED: (Patmore/Noel), approve the find- ings. AYES: Comiso, Carico, Stutz, Patmore, Noel and Emling NOES: None ABSENT:Jones MOTION MOVED AND SECONDED: (Patmore/Noel), request for vari- ance for existing deck to be 5,000 sq. feet maximum, less than 4,000 square feet. AYES: Stutz, Noel, Carico, Noel, Patmore and Chairman, Emling NOES: None ABSENT:Jones G. NEW BUSINESS: w Bill Ekern proposed to start anotating Agenda noting action on each item and to bring cover memo. Trailers, re -modeling, Maps and Charts. Town Map and geologic map needs to be updated. Bill Ekern told us that there was not enough money in the budget to update the Geologic Map. Commissioner Carico said that we have enough money for the Little League, then we have enough money for a new map. Discussion of paths of overlay of undeveloped land. Have Town Geogological Map updated now. There was a discussion of the minutes from the Planning Com- mission Meeting as to why we have minutes. (1) We need to inform City Council of Planning Commission Action. (2) To remind Planning Commission in future of action. Commissioner Carico said that she would like to see City Council update on a timely manner and have the minutes and motions in a consise summary of minority, majority opinions in more detail. Commissioner Patmore talked about what should go into the minutes and why we have them. (1) To have minutes to inform City Council of Planning Action. (2) To remind Planning Commission and City Council in the future of what action is being taken and why. V H. QLD BSS' Discussion of Study Session for the July 24, 1989, or are we looking at council problems. All Commissioners P.M. I. ADJOURNMENT: dates of July 17th, or September to discuss the agreed to the 17th at 5:00 There being no further new or old business, the meeting was adjourned at 10:36 P.M. l�