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HomeMy WebLinkAbout06/28/1989PLANNING COMMISSION MINUTES OF REGULAR MEETING TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday June 28, 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 Jones, Noel, Patmore, Stutz, Jones, Comiso and Chairman Emling Absent: Commissioner Carico Staff: Bill Ekern, Director of Public Works; Diane Williams, Planning Secretary B. CONSENT CALENDAR: Commissioner Noel removed the Minutes of the Planning Commission meeting of June 14, 1989. He wished the language relating to the scheduling of the Joint Meeting to be revised to eliminate the phrase "council problems." This change was so noted and the minutes were subsequently approved as amended by a unanimous vote. C. REPORT FROM CITY COUNCIL MEETING OF JUNE 21 8 Commissioner Noel discussed the meeting and provided information regarding the Council's actions. D. REPORT FROM SITE DEVELOPMENT COMMITTEE MEETING OF JQNE 27, 1989, Commissioner Noel described the actions taken by the Committee at their meeting of June 27, 1989, noting the highlights of the vari- ous projects. E. PRESENTATIONS FROM THE FLOOR: 1. LANDS OF MCCAIN, FILE VAR #5-89, request for a variance and site development permit for swimming pool and above ground decking to exceed allowed encroachment into building setbacks. 1 Planning Commission Minutes Meeting of June 28, 1989 4 Bill Ekern presented the staff report recommending denial of the requested variance and Site Development Permit. The Public Hearing was opened. Ms. Gabriel Carey, of Jones/Peterson, Landscape Architects of Sunnyvale, reprsenting the applicants, provided a revised site plan for the Commission's review. The new plan reduces the en- croachment of the swimming pool to only 5 feet. In response to Staff's previous concerns that the project had not been reviewed by the Health Department for a swimming pool, since the note on the plans only mentioned landscaping, plans were submitted that had been approved by the Health Department for the swimming pool. Commissioner Noel asked if the applicants were satisfied with the revised plans. They indicated they were. Commissioner Patmore stated that the plans had come a long way in terms of redesign, taking into account the Planning Commis- sions previous concerns and comments. She noted, also, that decks at grade can encroach by 5 feet, and wondered at the dif- ference between such decks and swimming pools. MOTION MOVED AND SECONDED: Patmore/Stutz, to approve the vari- ance for the pool to extend no more than 5'feet into the set- back, based on findings proposed by Commissioner Patmore. Findings proposed and approved: (1.) The constraints caused by the septic system have caused this to be the only appropriate site, thus the strict applica- tion of the ordinance is found to deprive the property of privileges enjoyed by other properties in the vicinity and un- der identical zoning classification. (2.) The literal interpretation distinguishing between a con- crete deck at grade and a swimming pool at grade results in the practical difficulty of constructing the swimming pool in a location which is both safe and functional. (3.) The variance will not allow a use or activity which is not expressly authorized by the zoning Ordinance, since swimming pools are allowed by ordinance. (4.) Granting of the requested variance for encroachment will not materially be detrimental to the public welfare or in- jurious to the property in the area. Im Planning Commission Minutes Meeting of June 28, 1989 Staff recommends that the approval be contingent upon verifica- tion of the height of the deck. AYES: Jones, Patmore, Noel, Stutz, Comiso and Chairman Emling NOES: None ABSENT:Carico MOTION MOVED AND SECONDED: Patmore/Jones to approve the Site Development Permit subject to the conditions proposed by Staff and further to verification of the height of the deck. AYES: Comiso, Noel, Stutz, Patmore, Jones, and Chairman Emling. NOES: None ABSENT:Carico LANDS OF TSUNODA, FILE #VAR 15-89, Request for Variance and Site Development Permit for Swimming Pool & Decking to exceed allowed MDA. Bill Ekern presented the staff report recommending denial of the requested variance to exceed the Maximum Development Area by 2,576 square feet. He discussed the history of this proposal, noting that the request has been denied twice pre- viously by the Planning Commission, since no findings can be made to warrant the requested variance. The recommendation of denial is due to the absence of supportable findings proposed by the applicant, and Staff's belief that findings cannot be made. The Public Hearing was opened. Mr. Tak Tsunoda, 11622 Rebecca Lane, Los Altos Hills, stated that he had a permit for the dwelling, swimming pool, and tennis court. The grading of the property was approved, which included the dwelling, pool and court, as shown on the grading plan. In response to questions from the Commission, Bill Ekern stated that the pool was never approved and the Town never promised that a pool could be built. Commissioner Comiso stated that the Town had previously promised a pool and should stand by any promises. Staff clarified that the Town had never promised a swimming pool and in fact had specifically not approved one at the time the residence was constructed. Commissioner Stutz suggests to consider going back and reexamining the proposal to see if an equivalent amount of ex- isting development can be removed as is being proposed at this time. The pool and decking amount to approximately 880 square feet. Planning Commission Minutes Meeting of June 28, 1989 4W Chairman Emling suggested that the Town would probably accept the removal ofdevelopment area. V Bill Ekern said that they must stay within the 880 square feet. The Public Hearing was closed. Staff recommended that the Tsunodas continue for re -design, since they indicated a willingness to explore the removal of various areas of existing development. This application was continued for re -design at the request of Mr. Tsunoda, so he can work with Staff to determine means of eliminating existing development area. 3. LANDS OF HANSEN, FILE #CDP 1-89, #VAR 16-89, 14199 Amherst Court, request for a Conditional Development Permit, Variance and Site Development Permit for a new residence. Bill Ekern recommended that the Planning Commission address the three requested permits separately. The Conditional Develop- ment Permit should be addressed first. Once that issue was resolved, the Commission could then take action on the re- quested Variance and Site Development Permits. Mr. Ekern then presented the Staff report recommending that the Planning Com- mission establish a level of development for this property based on the requirements of the ordinance; and issue a Condi- tional Development Permit based on the acceptable level of de- velopment thus established. The Public Hearing was then opened. Bill McClure, 1100 Alma Street, Menlo Park, Dr. Hansen's ron- in -law spoke and wanted official guidelines relating to the square footage which pertains solely to the driveway. Bill Ekern said that Staff had concerns over landslides which might be caused by a development of this size and scope. Therefore, he was recommending that levels of development be held below the 4,000 square feet of floor area and 5,000 square feet of development area discussed in the ordinance. Mr. Detrick, neighbor of Amherst Court spoke of the history of the soils reports on the Hansen lot. Mr. McClure responded to concerns over Soils Report by saying the plan had been reviewed by their engineers as well as the Town's Geologist. 4 Planning Commission Minutes Meeting of June 28, 1989 4v Mr. Furbush, 14190 Amherst Court, neighbor, concerned over stability of house, is it stable? He says there seems to be subsurface water problem. Mr. McClure says that the soils reports basically addressed the issues being raised by the neighbors and that mitigation was being proposed. Commissioner Jones asked, what are the recommendations? Bill Ekern says that they advised a specific slide repair pro- gram. Commissioner Patmore proposed that the applicant stay away from the slide area. In response to questions regarding the ability to solve slide problems, Bill Ekern says that there can be major slide repairs made with time and money. Commissioner Noel had a concern on the MDA requirements of 4,000 and MFA of 3,200. The Public Hearing was closed MOTION MOVED AND SECONDED: Patmore/Emling moved to reinforce the ordinance statement that the house design should meet the step -on contour design conditions. AYES: Comiso, Jones, Stutz, Noel, Patmore and Chairman Emling. NOES: None ABSENT:Carico MOTION MOVED AND SECONDED: Patmore/Stutz moved that the MFA be set at 3,000 and the MDA at 4,000 square feet. The motion failed by the following vote: AYES: Stutz, Patmore NOES: Noel, Jones, Comiso, Chairman Emling ABSENT:Carico MOTION MOVED AND SECONDED: Jones/Patmore moved that the MFA be set at 3,000 and the MDA at 4,600 square feet. The motion passed by the following vote: AYES: Patmore, Stutz, Comiso, Jones NOES: Noel, Emling ABSENT:Carico 5 Planning Commission Minutes Meeting of June 28, 1989 Commissioners Emling and Noel noted for the record that they had voted against this motion because of concerns over the amount of grading proposed to place the house on the site. There was concern that the limits proposed might not have been low enough. G. NEW BUSINESS, Lands of Anderson/Bell, 10771 West Loyola Drive for New Residence in the County. Bill Ekern informed the Commission that the County wants the Town to have the opportunity to comment on development in the County. He noted that the Staff believes the Town should inform the County of the Town's standards such as height and setbacks while request- ing that the amount of development be held to levels generally equivalent to what is allowed in the Town. Commissioner Stutz suggested that we should provide such comments, but indicate to the County that the Town does not wish to annex this property at this time. Lee Patmore says, because of the subdivision, do we want to impose additional conditions. �, Bill Ekern recommends that the Commission forward their comments and the proposal to the City Council for final comment to the County. V Commissioner Jones reported on the Sub -Committee for Mineral Resource Policy. The sub -committee Consists of Commissioners Jones and Patmore, Councilmembers Siegel and Johnson and Bill Ekern. The specific area that is dealt with by this policy is the Neary Quarry. A letter is to be written by Staff to the State Board of Mines and Geology asking for a one year extension of implementation of the General Plan Policy regarding mineral resource protection. The issue is that the proposed policy would continue to allow mini- ng and it is not likely that the Town wishes that sort of operation to continue within its sphere of influence. H. OLD BUSINESS• Discussion of Joint Meeting with the City Council for the dates of July 17, or July 24th, 1989. Commissioners agreed that the best date would be on a Monday in September. L Planning Commission Minutes Meeting of June 28, 1989 I. ADJOURNMENT: There being no further new or old business, the meeting was adjourned at 10:36 P.M. Respectfully submitted, Diane Williams Planning Secretary 4W taw