HomeMy WebLinkAbout05/09/1990{w
PLANNING COMMISSION
MINUTES OF THE REGULAR MEETING
TOWN OF LOS ALTOS HILLS
26379 FREMONT ROAD
LOS ALTOS HILLS, CALIFORNIA
WEDNESDAY, MAY 9TH, 1990
cc: Cassettes #9-90 (1,2 and 3)
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Present: Emling, Jones, Comiso, Noel, Pahl and Stutz
Absent: Carico
Staff: Ann Jamison, Planning Director; Bill Ekern, Director of Public Works; and
Sandy Sloan, City Attorney
2. CONSENT CALENDAR
2.1 Approval of the Minutes of March 28th, April 11th, and April 25th, 1990
MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Noel, and passed
to approve the minutes of March 28th, April 11th and April 25th as drafted.
AYES: Comiso, Jones, Emling, Stutz, Noel and Pahl
NOES: None
ABSENT: Carico
ABSTAIN: None
3. REPORT FROM THE CITY COUNCIL MEETING OF APRIL 24TH 1990
Commissioner Jones reviewed the Council agenda from April 24th and noted the
actions taken on items of importance.
4. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETING OF
May 1ST AND MAY 8TH, 1990
Ann Jamison noted that there were three items on the May 1st Site Development
agenda: Lands of Wood was approved, Lands of Kim was approved with no
additional landscaping required and Lands of Hsu an alternative color was selected
kw than that requested by the applicant. May 8th -Lands of Salazar was approved.
Planning Commission Minutes
May 9th, 1990
page 2
S. PRESENTATIONS FROM THE FLOOR
There were no presentations from the floor.
6. PUBLIC HEARINGS
APPROVED
6.1 Lands of Ratnam, 13408 Middle Fork Lane, A request for a New Residence
and Pool
Ann Jamison presented the Staff Report discussing the proposed construction of this
new residence. The project had been previously reviewed by the Site Development
Committee which had moved the project up to the full Commission. The issues
previously raised by Staff at the Committee involved the obtrusive nature of a two-
story structure on this open hillside, the concern for the proposed light color of both
the body and the roof material, and the lack of overhangs and other architectural
features that create shadowing on the vertical walls.
Staff's recommendation for approval was not whole -hearted. Staff continued to
believe that alternative materials and designs are more appropriate to the specific
site. However, design modifications and color changes had been proposed that
served to provide some mitigation of the proposed project.
The Planning Commissioners disclosed that they had each visited the site. The
public hearing was opened.
Jackye Wolff, Fox and Carskadon Real Estate, Los Altos, expressed her concern over
the building of a two-story home on this lot. She had been informed by the
developer of the subdivision that only one-story homes would be approved by the
Town. Based upon this she had sold Lot #1 to the Palmissanos.
Commissioner Comiso asked if she had looked into specific requirements of site
development associated with these lots. Ms. Wolff said she could not say for certain.
Commissioner Pahl asked if the property was a ridgeline. Ms. Wolff said it was flat
at one point.
Cordell Green, 13460 South Fork Lane, stated his opposition to the proposal. He
believes that the site is a ridgeline when viewed from his property. He noted that
two-story houses on ridgelines is contrary to the General Plan. It is his opinion such
development will lower his property values. He expressed the belief that no
residents of the immediately affected properties on Middle Fork or South Fork
Lanes had signed the Ratnam's letter of support.
Planning Commission Minutes
May 9th, 1990
page 3
APPROVED
Commissioner Pahl questioned the ridgeline status of the lot. Mr. Green believes it
is a ridgeline. Commissioner Pahl asked if Mr. Green had considered the impact of
spreading a 6,000 square foot house across the entire width of the lot. Mr. Green
reiterated his position and requested the Commission not approve a two-story
house on a ridgeline.
Commissioner Jones stated that from the road he could only see one of the
applicants balloons that designated the height of the proposed house. He questioned
the impact of the development on Mr. Green's property. Mr. Green felt that more of
the house was visible from his property than from the road.
Bob Dolton, owner of Lot #3, Middle Fork Lane, said he is not opposed to the house
as submitted.
Mike Kuranoff, 13440 South Fork Lane, stated that the interpretation of the
ordinances seems to be toward larger and larger houses. His concern is with the
changing of the neighborhood. The development now is "look -at -my -house -
development." He views the site as a prominent hilltop.
Commissioner Noel questioned as to how to shut the door to development once it's
been opened.
Commissioner Comiso noted that this development shows the impact of the site
development ordinances.
Chris Green, 13460 South Fork Lane, supported Mr. Kuranoff's position and stated
that the Prudences could not make the meeting but also supported his position.
Ram Nagpal, 28555 Matadero Creek Lane, expressed his support for the project. He
believes the Commission should allow two-story houses.
Denise Quattrone, owner of Lot #5, Middle Fork Lane, has met with Mr. Ratnam
who was receptive to her ideas for presentation of the plan and modifications to the
original plan. At the time of subdivision the South Fork residents had expressed
concern for drainage. The two-story house covers less ground. She believes the
two-story design is low -profile. The color of the residence is important. The
Palmissanos have views left. She supports the proposed plans.
Bob Stutz, 25310 Elena Road, presented discussion regarding ridgelines and "military
crests." He stated that the Town needs to clean up the definition of a ridgeline to
Q accommodate military crests.
Planning Commission Minutes
May 9th, 1990
4 page 4
APPROVED
Becky Palmissano, owner of Lot #1, Middle Fork, objected to the two-story plans.
Her concern is loss of view from her residence.
Peter Shaw, Landscape Architect, Palo Alto, presented a unified plan showing the
three landscape plans he is doing on Middle Fork Lane.
Sri Ratnam, owner of Lot #2, Middle Fork Lane, gave a slide presentation outlining
the changes that had been made subsequent to discussions with Staff. He also
presented slides showing balloons placed on the site to give perspective to the size of
the proposed building.
Michael Layne, architect for the Ratnams, said that they had been sensitive to the
concerns of the neighbors.
Becky Palmissano, Lot #1, stated that the views from her house were not accurately
represented.
The Public Hearing was then closed.
The Commissioners discussed the proposed development. Commissioner Comiso
stated that it was a low two-story house. Its development would have less impact
on the houses below than a sprawling one-story.
Commissioner Pahl was concerned about the two-story aspect, but the requirement
to not build two-storys should have been put in the deed. He noted that the
Ratnams have redesigned in alignment with the comments presented at the site
development meeting.
Commissioner Jones noted that the problem was one of mitigation that could be
appropriately handled at the time of landscape review.
Staff requested an additional condition be added to the list proposed by Staff in the
report. This condition requires the grading and drainage plans to be signed by a
registered Civil Engineer.
The Planning Commission requested that Condition #4 be modified to add
"Alternative color to be approved by the Planning Commission sitting as a
committee of the whole for site development." Condition #5 to be modified to
require the landscape plan be reviewed by the Planning Commission sitting as a
committee of the whole for site development, and that the box size of required Oaks
be specified as 36'.
Planning Commission Minutes
May 9th, 1990
`, page 5
APPROVED
MOTION SECONDED AND CARRIED: Moved by Pahl, seconded by Noel, to
approve the request Site Development Permit, subject to the conditions proposed by
Staff, including the condition added at the Planning Commission meeting, and as
amended by the Planning Commission, by the following roll call vote:
AYES: Commissioners Comiso, Jones, Noel, Pahl
NOES: Chairman Emling and Commissioner Stutz
ABSTAIN: None
ABSENT: Carico
6.2 LANDS OF BATEMAN, 12321 Gigli Court, A request for variances to the fence
height/setback requirements of the Zoning Code.
This item was continued to the meeting of July 11th, 1990 at the applicant's request.
6.3 LANDS OF YANEZ, 26242 Fremont Road, A request for a variance to the
maximum floor area limitations of the Zoning Code for construction of a new
residence.
Ann Jamison introduced this item noting that staff recommended denial of this
request in that the required findings could not be made for this request. The lot is
relatively regular in shape with less than 10% slope, thereby already allowing the
greatest amount of floor area provided for by the Code on any single acre in Town.
Ms. Jamison then outlined the circumstances surrounding several variances that
had been granted previously by the Town that Mr. Yanez had likened to his own
request. Ms. Jamison noted that two of these were on lots with greater than 30%
slope, the other was a 15% slope lot, and all were for minor additions to existing
residences. She noted that each of these situations were quite different from this
request.
The Planning Commission disclosed relative to this item. Commissioners Emling,
Stutz, Pahl, Jones, and Comiso noted that they had spoken with Mr. Yanez about his
application and visited the site. Commissioners Noel visited the site.
The Public Hearing was opened
Luis Yanez, 26879 Moody Road, explained that he was requesting this variance to
accommodate the enclosure of the carport to a garage. He noted that when the
house was designed the architect was not aware that garages counted into floor area.
As a result, the structure was designed to use the full 6,000 square feet within the
structure, not including the garage area.
Planning Commission Minutes
May 9th, 1990
k page 6
APPROVED
He noted that if the Commission could not approve this variance that the floor area
definition should be revised not to include garages or a use permit process instituted
for enclosed carports.
Thomas Puorro, 26296 Fremont Road, explained that he was a neighbor to this
property and opposed the granting of this variance. He noted that the house as
proposed was going to be much larger than the other homes in the neighborhood.
He explained that he would respect Mr. Yanez's right to build up to the Code
maximums but could not approve of a house larger than the Code would allow. He
further noted that it was his understanding that ignorance of the regulations is not
appropriate justification for a variance.
James Chiang, 26288 West Fremont Road, noted he is also a neighbor and respects
Mr. Yanez's right to build up to the limits of the Code, but could not support a
variance for additional floor area over what the Code would allow.
Gina Yanez, 26879 Moody Road, spoke in support of the request noting her concerns
with the safety of the open carport and explained that to redesign would be costly
and time consuming.
Marissa Yanez, 26879 Moody Road, spoke in support of the request noting she would
prefer the safety of the closed garage rather than an open carport.
The Public Hearing was closed
Commissioner Pahl noted he could not support this request, noting that economic
considerations are not appropriate justification for a variance.
Commissioner Noel noted he could not support this request as this property is
already allowed the maximum amount of floor area of any acre in Town.
Commissioner Comiso noted that she had been on the original Site Development
Committee for this residence and noted at that time that she could not support a
variance on a new residence.
Commissioner Jones noted that he did not agree that carports should be counted
differently than garages and would like to see the Council take that up as a topic of
discussion, but that he could not support this variance considering the required
findings.
Planning Commission Minutes
May 9th, 1990
page 7
APPROVED
Commissioner Stutz noted that she would not be supporting the variance and
encouraged the applicant to redesign the home including the garage within the
allowed 6,000 square feet.
Commissioner Emling noted he also would not be supporting the variance and
encouraged the applicant to redesign.
MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso to deny
the variance requested.
AYES: Chairman Emling, and Commissioners Comiso, Jones, Stutz, Noel and Pahl.
NOES: None
ABSTAIN: None
ABSENT: Carico
NEW BUSINESS
7.1 LANDS OF QUARRY HILLS, Stonebrook Drive: Discussion of issues
related to the proposed lake.
Bill Ekern introduced this item to the Commission noting the key issues related to
the lake include: How it is to be filled?, How the water quality will be maintained
and monitored? and How the lake will be accessed?. Key issues related to the creek
include: Level of flow?, Habitat preservation setbacks and whether it should be an
open or closed channel. Mr Ekern explained that this conceptual discussion of these
issues is an opportunity for the Commission to discuss a vision of what they see this
project looking like in the future.
The Commissioners noted that without specific details and conditions of approval
they could not discuss this issue.
The Commission then discussed the proposed size of the lake and questioned
whether reclaimed water could be used to fill the lake. Mr Vidovitch noted that he
would be willing to contribute to the costs of developing a pipeline to carry
reclaimed water to the lake but could not absorb all of the costs himself.
Commissioner Noel inquired as to whether Mr. Vidovitch intended to annex the
entire 360 acres? Mr. Vidovitch noted that proposing development of the upper area
is not in his best interest at this time, therefore, he does not want to annex that area
at this time.
kbe
Planning Commission Minutes
May 901,1990
4, page 8
APPROVED
Commissioner Jones inquired as to who should maintain the lake? Mr. Vidovitch
noted that the costs of maintaining the lake may be too high for the homeowners
association to assume if enough lots are not provided for. He further noted that he
envisions a homeowners association maintaining the lake and the Town
monitoring that maintenance. In response to a question from the Commissioners,
Bill Ekern noted that if a lake maintenance district is established that the public
would likely become responsible for the maintenance of the lake.
Chairman Emling questioned whether 100 foot setbacks from the creek should be
required? Bill Ekern noted that Fish and Game has recommended 100 foot setbacks
to protect future wildlife habitat adjacent to the creek.
Dr. Howard Martin noted that the Santa Clara Valley Water District is the
organization that should be responsible for monitoring the lake water quality. They
have been doing it for a number of years and are likely most qualified. He further
noted that he felt the creek should surface flow with some kind of semipermeable
liner. Dr. Martin then questioned where the water for the lake would come from
since the lake is intended to be an aesthetic amenity and can not be filled with
pumped water according to State Water Law.
7.2 Introduction of, and general discussion with, the new City Attorney, Sandy
Sloan.
Sandy Sloan introduced herself and briefly outlined her background and experience.
She noted an interest in assisting the Commission and noted that she would be
willing to meet with them periodically to discuss issues of concern.
In response to a question from Commissioner Jones, Ms. Sloan clarified that
pathways could be required as long as there is a link between the pathway and the
project. The Town's Pathways can be likened to sidewalks in other Towns and
properties can be required to be brought up to public standards. In addition, she
noted that pathways are strongly supported by the General Plan.
Ms. Sloan further outlined that according to California Law development is a
privilege, not a right, therefore when someone asks to exercise a privilege it is
acceptable for the Town to ask them to do something to further the public interest.
An increased use of a property should be reciprocated with an increase value to the
public good.
In response to an inquiry from the Commission, Ms. Sloan noted that the weakest
portion of the General Plan is likely the Housing Element and suggested that the
Planning Commission Minutes
May 9th, 1990
page 9
APPROVED
Town needed to take action on that portion at least. She further noted that
simplifying and clarifying the wording in the plan would be helpful in improving
its understandability. Ms. Sloan explained that an inadequate General Plan can
potentially result in a stoppage of development if a challenge is brought forth.
In response to another inquiry, Ms. Sloan noted that the Commission has two roles.
One is to sit in a legislative capacity, recommending new legislation to the Council.
The other is a quasi-judicial capacity making decisions on specific requests as they
relate to existing legislation, such as variances and conditional development
permits. She noted the importance of making the findings as required by the Code
and State law. She further explained that one decision was not binding legally on
any other decision and that one decision did not establish a legal precedence for all
future decisions. However, she did note that a decision might set a philosophical
precedence in the minds of the Commissioners relative to future decisions and
therefore, each decision should be carefully considered.
8. OLD BUSINESS
4y There was no old business to discuss.
9. ADTOURNMENT
The meeting was adjourned at 11:25 P.M.
Respectfully submitted,
Ann W. Jamison for
Laura Johnson
Planning Secretary
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