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HomeMy WebLinkAbout06/13/1990APPROVED PLANNING COMMISSION MINUTES OF THE REGULAR MEETING TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD LOS ALTOS HILLS, CALIFORNIA WEDNESDAY, JUNE 13TH, 1990 cc: Cassettes #11-90(1),11-90(2) 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Chairman Emling and Commissioners Carico, Comiso, Jones, Noel, Pahl, Stutz Absent: None Staff: Bill Ekern, Director of Public Works; Ann Jamison, Planning Director 2. CONSENT CALENDAR 2.1 Approval of the Minutes of May 7th, 9th, and 23rd, 1990 Commissioner Stutz wished to clarify under LANDS OF YANEZ Planning Commission Disclosures that she spoke with Mr. Yanez as well as visited the site. MOTION SECONDED AND PASSED: Motion by Jones, seconded by Pahl, and passed to approve the minutes of May 7th, 9th, and 23rd, 1990 as amended above with the following abstentions. AYES: Chairman Emling and Commissioners Carico, Comiso, Jones, Noel, Pahl, Stutz NOES: None ABSTAIN: Chairman Emling, Commissioner Pahl - May 7th; Commissioner Carico - May 9th; Commissioner Noel - May 23rd. 3. REPORT FROM THE CITY COUNCIL MEETING OF LUNE 6TH, 1990 Commissioner Pahl reported that the Planning Commission approval of LANDS OF RATNAM, a request for a Site Development Permit, was upheld by default with the City Council voting 2 - 2 to deny the application. PLANNING COMMISSION MINUTES Approved June 13th, 1990 f40 Page 2 4. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETING OF MAY 29TH, 1990 May 29th, 1990: Ann Jamison reported one item was reviewed and approved: Hsu - Landscaping. Conditions included submittal of an arborist's report for ensuring the future health of an existing Oak tree, a $5,000 landscape bond, Staff approval of outdoor lighting. 5. PRESENTATIONS FROM THE FLOOR There were no presentations from the floor. At Chairman Emling's request, Bill Ekern clarified his response to Commissioner Carico's request for an update to the Council and Commission regarding the status of the Brown on Summitwood Road application for earthquake repair and an addition. He distributed copies of the letter and noted a second report from the Brown's geologist had just been forwarded for review by the Town geologist. He noted that Commissioner Carico indicated this was not an urgency item but there was increasing interest when he wrote the update. Commissioner Carico explained that she was brought into this through people who were accusing the Commission and Staff of giving the Brown's a difficult time. She understood from Councilmember van Tamelen the reason for the delay with the update was two commissioners were giving Staff a difficult time over the project. She felt it was important the Commission and Council all work together and work with and through Staff. Bill Ekern wished to emphasize that he was in no way under any pressure from any councilmember, commissioner, or resident to write or not write the update, rather it was a matter of prioritization of duties. He felt it was appropriate to respond to any question raised by any interested party or individual on the status of any application. 6. PUBLIC HEARINGS 6.1 LANDS OF OWEN,13975 La Paloma road, A request for a Site Development Permit to construct a new residence. Ann Jamison introduced this item, referring to the Staff Report, noting the applicant had redesigned the proposal and had been very responsive to Staff's concerns. At Commissioner Pahl's request, Ms. Jamison clarified Staff's understanding of Staff Recommended Condition #5, that if a paint color is on the Town color board, approval is not at Staff's discretion. PLANNING COMMISSION MINUTES June 13th, 1990 4 Page 3 Approved Commissioner Noel questioned the proposed amount of earth being moved on a relatively flat lot. Bill Ekern responded this was to access the sewer through gravity. Commissioner Stutz noted she thought the house worked out nicely, but noted concern with the building up a pad for sewer access and keeping low profile along La Paloma Road. Bill Ekern noted that in terms of practicality, it is better to run a gravity system as individual private pump systems are problematic, creating problems such as working with the sewer district where it connects to the main, an encroachment permit for access, and other legal issues. Also, it is difficult to condition an application to obtain offsite easements. The impact does not weigh in the cost in the long term burden and maintenance required of property owners. Commissioner Comiso questioned drainage off the property in the rear. Bill Ekern noted that one recommended condition is that the rate of flow offsite not be increased by the development of the property. Planning Commission Disclosures: Pahl and Noel both had no contact with the applicant and visited the property. Stutz and Emling both visited the site and had no contact with the applicant. Jones, Comiso, and Carico each visited the site. The Public Hearing was opened. Bob Owen, 445 S. San Antonio Road, applicant, noted that there were places sewer pumps work well, but agreed with Mr. Ekern's considerations regarding this particular property. He noted their attempt to hold down the profile of the property as low as possible. The setback of the house is 50' rather than the required 40'along La Paloma Road. He futher noted they had reduced the amount of impervious surface. He referred to a detention pond engineered on a similar project in another city and noted their success with that type of arrangement. Commissioner Pahl questioned whether Mr. Owen had any difficulty with the Staff Recommended Conditions. Mr. Owen responded that he did not. Mr. Mauer, La Paloma Road, referred to a past water problem along La Paloma Road, noting storm drainage down should go into Dry Creek and the existing culvert should be closed up. Bill Ekern clarified that the proposal does not place any storm drainage onto La Paloma Road, only the connection to sewer. The Public Hearing was closed. Commissioner Jones noted concern with the driveway location and exiting the property. Mr. Owen responded that with the higher driveway, there is more drop to the house. He noted the Carters have not indicated any past problems with this to him. He PLANNING COMMISSION MINUTES June 13th, 1990 Page 4 Approved felt the way the house was presently constructed did block the view, but once it is graded down, there is more visibility for cars. Bill Ekern wished to add one additional condition, that an encroachment permit must be obtained for work on connection to sanitary sewer. MOTION SECONDED AND PASSED: Motion by Noel, seconded by Comiso and passed to approve the Site Development Permit with Staff Recommended Conditions 1 - 10 and the following Condition 11: An encroachment permit must be obtained for connection to sanitary sewer. AYES: Chairman Emling and Commissioners Carico, Comiso, Jones, Noel, Pahl, Stutz NOES: None 6.2 LANDS OF OWEN, 13050 Alta Lane North, A request for a Site Development Permit to construct a new residence. Ann Jamison introduced this item, referring to the Staff Report. She outlined Staff concerns with building pad grading, right-of-way dedication, tennis court grading, and landscaping. Planning Commission Disclosures: Carico, Comiso, Jones, and Emling each visited the site. Stutz and Noel both visited the site and had no contact with the applicant. Pahl visited the site and spoke with Mr. Owen very generally regarding the plan. The Public Hearing was opened. Bob Johnson, 13090 Alta Lane North, noted the diadoras that provide screening to his property and the Owen property. He thanked Staff for recommending retention of the existing trees on the property and their protection during construction, and urged the Commission to uphold this condition. Jim Flack, 13070 Alta Lane South, expressed concern regarding tennis court lighting. Chairman Emling responded that tennis court lighting is not allowed in the Town. Mr. Flack also noted that trees resistant to bark beetles were important as so many of the pines are dying. Linda Brownrigg, 13040 Alta Tierra Road, noted the trees will need water, for example a drip -system. She also noted the impact of the proposal on the area and urged that all the requirements of approval be complied with. kw Bob Owen, applicant, noted his intention to retain the trees and natural vegetation between the properties. He noted grading proposed for the south side of the property, as PLANNING COMMISSION MINUTES June 13th, 1990 Page 5 Approved addressed in the Staff Report, is not necessary per his engineer. He noted the tennis court is down from the house, and not highly visible from off-site. Commissioner Pahl asked whether Mr. Owen had any difficulty with the Staff Recommended Conditions. Mr. Owen responded he did not. Commissioner Comiso questioned whether there was any way to connect to sewer. Mr. Owen responded that some possibility exists for doing that and they are in contact with one neighbor to get the easements. Commissioner Comiso noted the amount of proposed development area and questioned whether there was a way to get to the tennis court. Mr. Owen responded that would be addressed with the landscape plan. The Public Hearing was closed. Chairman Emling referred to accessing the tennis court. Mr. Owen noted there would likely be some modification to the swimming pool coverage when they came back with the landscape plan. A walkway is not possible because of the slope. �6/ Ann Jamison noted the code provides for pervious surfaces like gravel less than 4' wide to not count into development area. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Noel, and passed to recommend approval of the Site Development Permit with Staff Recommended Conditions 1 - 11. AYES: Chairman Emling and Commissioners Carico, Comiso, Jones, Noel, Pahl, Stutz NOES: None 6.3 GIELOW, 12595 Miraloma Way, A request for variances to the Zoning Code for two structural additions to a residence. Ann Jamison introduced this item, a request for a variance to the rear yard setback and a variance to the front yard setback for an existing nonconforming structure. Referring to the Staff Report, she outlined the unusual characteristics of the property. Ms. Jamison also noted an alternative to one variance, whereby the Commission could find the 40' setback should only be taken from Miraloma. Commissioner Pahl requested that Staff compare and contrast this application with the McDonald's on Burke Road application. Ann Jamison noted that the differences include the fact that this is a one acre lot and the McDonald's property is less than one acre; this is a request for variances, the McDonald's are requesting a Conditional PLANNING COMMISSION MINUTES June 13th, 1990 i Page 6 Approved Development Permit and variances to accomodate the development on the property. She noted Staff questioned whether the findings for the Conditional Development Permit could be made. Commissioner Pahl questioned switching setbacks. Ms. Jamison noted that she could not recall that Staff had specifically stated whether the 30' and 40' setbacks should be taken from the Burke Road or Fremont Road on the McDonald property as that is something the Commission must address. Commissioner Jones noted that on this property, the street goes on 100% of one side, and less than one-third on the other side. On this property, the 40' setback should be taken from the side where the street goes 100% of the side, that is the 74' side. Planning Commission Disclosures: Carico and Noel both visited the site and had no contact with the applicant. Comiso, Jones, Emling, Stutz, and Pahl each visited the site. The Public Hearing was opened. David Gielow, applicant, noted his agreement with Staffs findings. He also noted that the existing floor area is 65% of what is allowable under current ordinances, and will increase to 66% with the additions. He will be taking out concerete and upgrading with landscaping, and will retain the elm trees in the front of the house. Dot Schreiner, 14301 Saddle Mountain Road, Chair, Pathways Committee noted that Miraloma is a private road and requested a pathway easement. She noted the Varsanyis have agreed to give a 10' pathway easement. Bill Ekern noted that this application is not a request for a Site Development Permit and Ann Jamison noted they would pursue the pathway easement at the administrative level. The Commission discussed possibilities for obtaining a pathway easement. Chairman Emling asked Mr. Gielow whether he was willing to give the easement. Mr. Gielow responded that he had no difficulty with the request. The Public Hearing was closed. MOTION SECONDED AND PASSED: Motion by Stutz, seconded by Jones, and passed to recommend approval of a 40' setback along Miraloma Way. AYES: Chairman Emling and Commissioners Carico, Comiso, Jones, Noel, Pahl, Stutz NOES: None PLANNING COMMISSION MINUTES Approved June 13th, 1990 [ Page 7 MOTION SECONDED AND PASSED: Motion by Noel, seconded by Pahl, and passed to recommend approval of the variance to encroach 20' into the 30' required rear yard setback. AYES: Chairman Emling and Commissioners Carico, Comiso, Jones, Noel, Pahl, Stutz NOES: None 6.4 LANDS OF FINN, 24880 Prospect Avenue, A request for variances to the building height and setback requirements of the Zoning Code and a Site Development Permit for an addition to an existing residence, relocation of two out -buildings, a driveway relocation, a new tennis court, and a swimming pool. Ann Jamison introduced this item referring to the Staff Report, and noting Staffs recommendations for approval of the height, denial of the yard setback variances, and continuation of the Site Development Permit to a future Planning Commission meeting. Planning Commission Disclosures: Noel had no contact with the applicant and drove the site. Stutz walked the site, and spoke with Mr. Finn. Emling visited the site the previous day. Jones visited the site, walked both lots, and had no contact with the applicant. Comiso visited the site and spoke with Mr. Finn. Carico visited the site. Pahl had nothing to disclose since the last meeting. The Public Hearing was opened Peter Duxbury, architect, noted his agreement with Staffs recommendations on allowing improvements to the house and disagreement with Staff's assessment of the request for variances and the amount of grading. He explained they have developed a complete site development plan, and wish to do grading and gardens they feel are appropriate to the remodeled residence, and requested guidance from the Commission. Chairman Emling questioned whether other locations have been considered for the tennis court. Mr. Duxbury noted constraints of two oak trees on site and the topography of the property. He noted the proposal is for the low part of the site, which is better acoustically for the neighbors, and has existing mature landscaping. Commissioner Pahl noted the Town ordinances, and questioned whether the findings for variances could be made. He asked the Mr. Duxbury to consider that if Finn Way didn't exist a variance wouldn't be required, so the problem is self-imposed by the subdivision. PLANNING COMMISSION MINUTES June 13th, 1990 ` Page 8 Approved Ed Willi, 24855 Prospect Road, noted he had spoken with Bill Ekern and the water company about a water coming down from the Finn property. Stephen Finn, applicant, explained that as the earthquake had destroyed the water main, he was using a hose run from the water meter to the cottage and may have left it on too long. Sallie Morgan, 13201 La Cresta Drive, wished to communicate her strong feelings about the historic value of the house. She noted it is not a typical Los Altos Hills residence and is an expensive undertaking for the benefit of the community. The Public Hearing was closed. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Emling, and passed to recommend approval of the building height variance based on the following staff recommended findings 1 - 4 and staff recommended conditions 1 - 3: Findings: L 1. This property is exceptional in that the existing structure is historically and ` architecturally significant in the Community. Therefore, in order to preserve the integrity of the existing structure and still provide the applicant with the opportunity to add on and modernize the house in conformance with the other provisions of the zoning code, and as would be allowed on other similar properties, a variance to the building height limitations of the code is necessary. 2. This property owner will not be granted special privileges in that the proposed development will be done in conformance with all other portions of the land use and development regulations of the Town. Existing tree cover on the site largely mitigates any impact of the additional height, thereby allowing this structure to comply with the intent of the height limits of the code. 3. This addition will be constructed in conformance with all health and safety code requirements and therefore will not constitute a detriment to the public. In addition, the improvements to the structure will increase its ability to withstand future earthquakes thereby improving the safety to the occupants of the house. 4. The intended use of the house is as a single-family residence in conformance with the R -A zoning. PLANNING COMMISSION MINUTES Approved June 13th, 1990 4 Page 9 Conditions: 1. This variance is specifically linked to this addition to this existing structure. Destruction of the existing structure will void the variance and all future construction on the site will be required to comply with the standard height restrictions of the Zoning Code. 2. A landscape plan shall be submitted for review and approval by the Site Development Committee after framing and prior to building occupancy. 3. This variance shall expire in two years if not activated by issuance of a building permit and subsequent construction in conformance with that permit. AYES: Chairman Emling and Commissioners Carico, Comiso, Jones, Noel, Pahl, Stutz NOES: None Commissioner Stutz noted she felt the tennis court would have less of an impact if it is left in the lowest portion of the property, and noted its historic value. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Emling, and passed 4 to recommend denial of the yard setback variances to accomodate the tennis court based on the inability to make the finding that the hardship is not self-imposed. AYES: Chairman Emling and Commissioners Carico, Jones, Noel, Pahl NOES: Commissioners Comiso and Stutz Commissioner Carico noted approval of the variances would afford the property owner privileges not experienced by other owners. In response to a question from Commissioner Carico, Ann Jamison noted that no proposal has demonstrated that moving the tennis court in conformance with the setbacks would entail more grading than the proposed move. Commissioner Noel noted his appreciation of the historic aspect of the project, but felt the proposal was not considerate of neighboring property owners. The Commission discussed the applicant and Staffs ability to work to resolve issues relative to grading and compliance with Town requirements. Ann Jamison requested direction from the Commission to the applicant and Staff relative to grading issues Staff has brought up. At Commissioner Comiso's request, Ms. Jamison clarified Staffs belief that the grading as proposed is not in accordance with the Site Development ordinances, or the policies PLANNING COMMISSION MINUTES June 13th, 1990 L Page 10 Approved of the Town relative to the amount of grading that should go on to accomodate a project. Commissioner Pahl suggested the applicant address Staff's concerns, as the decision has been made regarding the tennis court, and with no grading within 10' of the property line. Mr. Finn outlined his concerns about being at an impass with Staff relative to grading, specifically the driveway. Chairman Emling noted his reliance on Staff's recommendations regarding the appropriatness of the level of grading. Commissioner Pahl suggested, and the Commission considered, creating a de facto sub- committee to work with Staff and the applicant. Bill Ekern noted Staff's willingness to continue to work with the applicant toward a proposal that meets the zoning ordinaces; unresolved issues should be addressed at the Site Development level. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso, and passed (� by consensus to continue the request for the Site Development Permit to the next A/ Planning Commission meeting. 7. NEW BUSINESS 7.1 LANDS OF QUARRY HILLS, Stonebrook Avenue, Discussion of Geology and Environmental Protection. There were no question relative to this item. 7.2 Commissioner Pahl requested that the following items be agendized. LANDS OF PAULNOCK,13151 Cumbra Vista Court: Commissioner Pahl noted that Mr. Paulnock's fence, erected without a permit, is still up and requested an update. Ann Jamison explained that Mr. Paulnock sent a letter of appeal relative to the Planning Commission decision, but didn't pay the fees required for an appeal. Mr. Paulnock was informed he would need to pay fees. Without fees, the application could not be processed. In the meantime, Mr. Paulnock applied and received approval for a fence in conformance with the ordinances. Since that application Mr. Paulnock has again submitted an appeal. Staff has again let him know he will need to pay the appropriate fees, and included a time limit in which he must act to do so. 00i PLANNING COMMISSION MINUTES June 13th, 1990 Page 11 Approved LANDSCAPING: Commissioner Pahl noted landscape architect Peter Shaw's expertise with landscaping and suggested having Mr. Shaw make a presentation on how to use landscaping for mitigation purposes. Ann Jamison noted that if the Commission wished to make a request, she would take it to the City Council for consideration. Commissioner Stutz noted that if Mr. Shaw made a presentation, a pictorial review of work he has done would be beneficial. Commissioner Carico noted the idea had come up at the last Planning Commission Site Development meeting, and Mr. Shaw may be agreeable to make a presentation without monetary compensation. GENERAL PLAN: Commissioner Pahl noted his concern with revision of the General Plan. A lawsuit is coming into the Santa Clara County Court system relative to the inadequacy of the General Plan of another city, and that city is prevented from doing any development. Ann Jamison noted that the extent of what can be done in regard to updating the 040 Town's General Plan is linked to the budget process. 8. OLD BUSINESS 9. ADIOURNMENT MOTION SECONDED AND PASSED: Motion by Comiso, seconded by Jones and passed by consensus to adjourn the meeting at 9:50 p.m. Respectfully submitted, Laura Johnson Planning Secretary