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HomeMy WebLinkAbout06/28/1989 (2)PLANNING COMMISSION MINUTES OF REGULAR MEETING L 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 Carico, Noel, Patmore, Stutz, Jones, Comiso and Chairman Emling Absent: Commissioner Jones Staff: Bill Ekern, Director of Public Works; Diane Williams, Planning Secretary B. CONSENT CALENDAR: The consent calendar was consisting of minutes of June 14, 1989, was unanimously approved as amended. C. REPORT FROM CITY COUNCIL MEETINGS OF JUNE 21, 1989: 1. Commissioner Noel presented relevant information from the City Council meeting. D. REPORT FROM SITE DEVELOPMENT COMMITTEE MEETING OF JUNE 27 1989• Commissioner Noel presented relevant information from the Site Development Meeting. E. PRESENTATIONS FROM THE FLOOR: No presentations were made. F. PUBLIC HEARINGS: 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. 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 spoke before the Planning Commissioners in regards to %l Lands of McCain. W A new Site plan was submitted by the applicant reducing the en- croachment to only 5' feet. Plans were submitted and approved through the Health Department. Commissioner Noel stated, are you satisifed to have a deck only and have a set encroachment of 5'feet?. Commissioner Patmore stated that these people have come along way and decks can go for only 5'feet. 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. The intent and purpose of a pool without any setback can be al- lowed. This is stated in the Findings. The findings, as determined by the Commission are: (1.) The constraints caused by the septic system have caused this to be the only ap- propriate site, thus the strict application of the ordinance is found to deprive the property of privileges enjoyed by other properties in the vicinity and under identical zoning classifi- cation. (2.) Intrusion of decks by 5' feet is not allowed. (3.) Swimming pools are not detrimental. (4.) The variance will not allow a use or activity which is not expressly au- thorized by the Zoning Ordinance. Staff recommends that plans be approved showing contingency upon deck. AYES: Jones, Patmore, Noel, Stutz, Comiso and Chairman Emling NOES: None ABSENT:Carico MOTION MOVED AND SECONDED: Patmore/Jones made a motion to ap- prove the Site Development Permit subject to verification of the height of the deck. Modify deck to 5'feet from pool and less than 2'feet from grade. Plans were submitted and approved through Health Department. 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. The Public Hearing was opened Mr. Tsunoda, 11622 Rebecca Lane, Los Altos Hills spoke stating 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. 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. Commissioner Stutz suggests to consider going back to reduce the project by 880 square feet. Chairman Emling suggests that the Town would probably accept the reduction of this 880 square footage. Bill Ekern says that they must stay within the 888 square feet. The Public Hearing was closed. Staff recommends to have Tsunoda continued for re -design. This application was continued for re -design at the request of Mr. Tsunoda. 3. LANDS OF HANSEN, FILE #CDP 1-89, 14199 Amherst Court, request for a Variance and Site Development Permit for a new Residence. Bill Ekern presented the Staff report recommending that the Planning Commission establish a level of development for this property based on the requirements of the ordinance; and issue a Conditional Development Permit based on the acceptable level of development established. The Public Hearing was then opened Bill McClure, 1100 Alma Street, Menlo Park, Dr. Hansen's Bon- in -law spoke and wanted official guidelines of the square footage which pertains solely to the driveway. Bill Ekern and staff had concerns over landslides which might be caused by a development of this scope. 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. Mr. Furbush, 14190 Amherst court, neighbor, concerned over stability of house, is it stable? He says there seems to be subsurface water problem. V Mr. McClure says that the soils reports basically conclude our findings and provide the recommendation that impose a condition of the property. 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. 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 statement that the house design should meet on 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 the motion for the MFA of 3,000 and the MDA of 4,000 square feet. The motion failed by the following vote: AYES: Stutz, Patmore, Comiso NOES: Noel, Jones, Emling ABSENT:Carico MOTION MOVED AND SECONDED: Jones/Patmore moved the motion for the MFA 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 G. NEW BUSINESS: Lands of Anderson/Bell, 10771 West Loyola Drive for New Residence. Bill Ekern says that the County wants the Town to have the opportunity to comment on the development in the County. Commissioner Stutz suggested there be no annexiation. Lee Patmore says, because of the subdivision, do we want to impose? Bill Ekern says that we need stricter rules and do you want them for your guidelines? Bill Ekern says that we will send them to the City Council and Commissioner Stutz says we will send with a letter of recommendation. Commissioner Jones reported on the Sub -Committee for Mineral Resource Policy, the area in question Neary Quarry. A letter is to be written by staff to State asking for a one year extension of implementation of G.P. Policy regarding mineral resource protection. H. OLD BUSINESS: This is a proposed re -model at the corner of Berkshire & Loyola Drives, in the County. Bill Ekern recomended that Staff draft a letter to the County stating the Town's policies regarding height and setback for development. The Planning Commission agreed and further determined to send the proposed project to the City Council for their review and comment. Discussion of Study Session for the dates of July 17, or July 24th, 1989. Commissioners agreed to settle on a Monday in September. I. ADJOURNMENT: There being no further new or old business, the meeting was adjourned at 10:36 P.M. A 4W