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HomeMy WebLinkAbout09/26/19904 PLANNING COMMISSION MINUTES OF THE REGULAR MEETING TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD LOS ALTOS HILLS, CALIFORNIA WEDNESDAY, SEPTEMBER 26TH, 1990 cc: Cassettes #16-90(1),16-90(2) 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Chairman Jones and Commissioners Comiso, Ellinger, Noel, Pahl, Stutz Absent: Commissioner Carico Staff: Bill Ekern, Director of Public Works; Ann Jamison, Planning Director; Laura Johnson, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR 4 There were no presentations from the floor. 3. PUBLIC HEARINGS Planning Commission Disclosures: Pahl noted Dr. Raffin had called him and would disclose any information not brought out in the Public Hearing. Noel noted he spoke with Mrs. Raffin. Comiso and Jones both noted they spoke with Dr. Raffin and would disclose any information not brought out in the Public Hearing. Comiso also noted she spoke with Mr. Kirk. 3.1 LANDS OF KIRK, 25560 Femhill Lane: A request for a variance to the 30 foot yard setback requirement and a site development permit for an addition to an existing residence. Ann Jamison introduced this item, noting Staff's recommendation for approval. The Public Hearing was opened. No one wishing to speak, the Public Hearing was closed. PLANNING COMMISSION MINUTES September 26th, 1990 `, Page 2 Approved Ms. Jamison clarified, at Commissioner Stutz's request, that the Kirks would have the option to select how they reduce the existing development area by 770 square feet in exchange for the new development area because they are at their maximum. Erle Kirk, applicant, noted a part of the developed area included the volleyball court which was removed, and accounts for the area that needed to be removed. In response to a question from Chairman Jones, Mr. Kirk noted his acceptance of all of Staff's recommended conditions. MOTION SECONDED AND PASSED: Motion by Ellinger, seconded by Noel to approve the variance to the 30 foot yard setback requirement based on Staff recommended findings and with Staff recommended conditions: Findings: 1. Four unusual aspects of this property work in combination to create circumstances which warrant the granting of this variance. These are: (1) unusual lot configuration, (2) the location and size of the access and public utility easement, (3) the location of the existing residence on the property; and (4) the topography of the property. The strict application of the code would result in the property owner constructing the proposed garage in a more obtrusive location that is less proximate to the existing house and less functional. 2. The granting of this variance will allow this property owner to enjoy the privileges enjoyed by other property owners in Town by allowing floor area development up to the 4,000 square foot limit without significantly impacting the sense of openness on the property. Requiring compliance with the setbacks would result in the garage being placed on the lower front portion of the property resulting in greater impact on the sense of openness in the neighborhood. The location of the existing house, existing trees and terrain in the construction location result in this structure being less obtrusive to the neighborhood, thereby contributing to the sense of open space intended to be preserved by the setback requirements. 3. The structure will be required to meet all health and safety codes of the Town and as a result will not represent a detriment to the public health safety and welfare. 4. The addition of this garage does not authorize any use that is not in conformance with the Zoning Code. Primary use of this property will be as a single-family residence. PLANNING COMMISSION MINUTES Approved September 26th, 1990 LMV Page 3 Conditions 1. This variance shall expire within one year if not activated by receipt of, and subsequent compliance with, a Building Permit from the Town. 2. This variance is linked to the specific structure as proposed and does not apply to other structures or locations on the property. AYES: Chairman Jones and Commissioners Comiso, Ettinger, Noel, Pahl, Stutz NOES: None ABSENT: Commissioner Carico MOTION SECONDED AND PASSED: Motion by Noel, seconded by Comiso to approve the Site Development Permit with Staff recommended conditions. AYES: Chairman Jones and Commissioners Comiso, Ellinger, Noel, Pahl, Stutz NOES: None ABSENT: Commissioner Carico 4W 3.2 LANDS OF RAFFIN, 13468 Three Forks Lane: A request for a variance to the maximum floor area and maximum development area limitations and a site development permit for an addition to a residence. Ann Jamison introduced this item, outlining the quantitative analysis. She noted Staff's recommendation for denial due to inability to make the four required findings for the variance. Commissioner Pahl noted he had made a late request to Staff to recalculate the maximum development and floor area assuming the slope went down and then went off levelly, rather than back up. Ms. Jamison explained the result of excluding the embankment from the calculations, noting it had been quickly compiled. The average slope would then be less than 10% and the calculations straightforward, resulting in an approximate MDA of 13,800 square feet and MFA of 5,520 square feet. Commissioner Pahl asked Staff if they had any reason to believe the numbers contained in Dr. Raffin's letter of August 4, 1990 were incorrect. Bill Ekern noted he could think of only a few properties with a creek running through them, and the numbers were close. (40 The Public Hearing was opened. PLANNING COMMISSION MINUTES Approved September 26th, 1990 Page 4 Ken Pastrof, agent for the applicant, gave a history of the property, noting his familiarity with a conceptual plan for the Three Forks subdivision that was compiled 16 years ago, and presenting overhead slides. Mr. Pastrof explained the lot was a victim of increasing legislation, noting the impact of the current right-of-way width of 60' on a lot that was created when only a 40' right-of-way was required. Subsequent dedication impacted this lot which now, per Staff, has a lot unit factor of .82. Mr. Pastrof noted the slope density calculations were conceived as a means to address concerns of bulk and view impact on hillsides and ridgetops, and felt it was somewhat being misapplied to this property. He noted the contours were invisible, the flow line cannot be seen, and from off site the property looks flat. He compared the level of development to variances granted in the past, noting precedent would not be set by approval of this application. And, Mr. Pastrof noted the proposal conforms to all four necessary findings for variance. Dr. Raffin, 13468 Three Forks Lane, expressed his hope that the Commission would approve the application as it meets the findings. He noted the addition would not change the footprint or change the appearance significantly. Dr. Raffin noted his neighbors' support of the project, and he noted the hardship of the creek bed. The Public Hearing was closed. Commissioner Noel noted he had walked the property that day with Mrs. Raffin. He looked at the property as it is today and felt it maintains the rural atmosphere, and noted there was no conflict from the neighbors, there is no proposed change in the footprint, and he didn't feel it could be seen from offsite. Commissioner Comiso noted she had viewed the property in much the same way Commissioner Noel had. Commissioner Comiso read from the League of California Cities Handbook a definition of the purpose of variances. She felt the lot was severely restricted, and agreed the shape, the creek, and the conservation areas imposed on the property are exceptional and unusual circumstances. Chairman Jones noted that the lot appears flat, and the fact that there is a creek with contour lines penalizes the applicant more than is the intent of the ordinance. He felt the intent of the ordinance would be to disregard the creek. MOTION SECONDED AND PASSED: Motion by Noel, seconded by Ellinger to approve the variances to the floor area and development area limitations based on the following findings and with the following condition: PLANNING COMMISSION MINUTES Approved September 26th, 1990 Page 5 Findings 1. This lot is constrained by Matadero Creek which crosses the eastern third of the property; is less than one acre (.92 acres) and is triangular in shape. These unusual conditions warrant consideration for a variance. 2. The intent of the ordinance is met by granting this variance in that the lot will not appear over developed and there will be no impact on adjacent properties. 3. No public health, safety or welfare impact will result from the approval of this project. 4. The structure will continue to be used as a residence, therefore no use is authorized by the variance that is no permitted by the code. Condition: 1. This variance shall expire after one year if not activated by receipt of a building permit within one year. AYES: Chairman Jones and Commissioners Comiso, Ellinger, Noel, Pahl, Stutz NOES: None ABSENT: Commissioner Carico Ann Jamison asked if the Commission wished to approve a Site Development Permit for the addition, and at the Commission's request, read a list of recommended conditions for their consideration. At the request of Commissioner Jones, Ken Pastrof noted the owner stipulated to the conditions. MOTION SECONDED AND PASSED: Motion by Noel, seconded by Ellinger to approve the Site Development Permit for the addition with the following Staff Recommended Conditions. AYES: Chairman Jones and Commissioners Comiso, Ellinger, Noel, Pahl, Stutz NOES: None ABSENT: Commissioner Carico 4 PLANNING COMMISSION MINUTES September 26th, 1990 4 Page 6 Approved 3.3 LANDS OF HAU, 13901 West Edith Road: A request for a site development permit for a new primary dwelling and second unit. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso and passed by consensus to reopen the Public Hearing, with the stipulation that speakers be limited to those who did not speak at the last Public Hearing. Chairman Jones noted he was prepared to rule out of order any thing that is not new information. If people who have already spoken have something to say that has not been said before, he felt they should have the opportunity to speak. At Commissioner Noel's request, Ann Jamison noted Staff had reviewed the changes to the second unit. The proposed second unit is in violation of the ordinance limiting second units to 1000 square feet, and per the City Attorney, the Commission did not have the option to approve the second unit. She noted Staff continued to have concerns regarding the potential use of the ballroom, and noted the conditions of approval suggested in the Staff Report. 4W In response to a question from Commissioner Comiso, Ms. Jamison clarified that the original application did not include a second unit. The second unit was added to the application in May or June, similar to the way it appears on the current proposal, and then had been completely detached from the house and separated into two units in an intervening proposal. Commissioner Stutz questioned whether the second unit could be considered a part of the main unit with the current proposal if the kitchen was removed. Ms. Jamison responded that it could. MOTION SECONDED AND FAILED: Motion by Pahl, seconded by Noel to separate the application into discussion of the main structure and discussion of the secondary structure. AYES: Chairman Jones and Commissioners Noel, Pahl NOES: Commissioners Comiso, Ellinger, Stutz ABSENT: Commissioner Carico The Public Hearing was opened. Wendell Roscoe, project designer, noted he was upset by Staff's continued concern regarding use of the building as he felt the issues were addressed at the time of application. He wished to emphasize the residence would not be a public entity. He 40 clarified Dr. Hau's willingness to abandon the second kitchen at the Commission's PLANNING COMMISSION MINUTES September 26th, 1990 4 Page 7 Approved request, noting Dr. Hau wished to live in that portion of the house while the larger house was being constructed. Vince Vargas, 7 Cypress Court, Los Altos, referred to his letter and pictures of September 26, 1990 to the Commission. He wished to encourage the Commission to address the issues of Adobe Creek with this approval. He also expressed concern with overflow parking noting it was not addressed by the designer or in the Staff Report. Commissioner Comiso noted there was a condition in the Staff Report prohibiting parking on Edith Road and Fremont Road. Dot Schreiner, 14301 Saddle Mountain Road, noted references made to similar uses in Town. She noted one project mentioned was a 35 car garage of 8000 square feet. She noted the conditions imposed on the garage required a special land use permit, and read a lengthy list of conditions on the structure, including requirements that it be checked annually and reviewed every three years, reviewed at any time if there are complaints of noise, a hold harmless statement for protection of the Town. Mrs. Schreiner noted these carefully monitored conditions were in place to safeguard the `, residential/rural atmosphere of the Town. In her capacity as Pathways Chair, Mrs. Schreiner recommended construction of a Type II -B path on Fremont Road and dedication of 5' on Edith Road and construction of a Type II -B path, as both roads are major roads on the Master Path Plan. Carol Gottleib, 24290 Summerhill Avenue, noted the pathway was a major school route for children. She noted objections to a second entrance to the recreation room and suggested making the entrance through the home so people themselves would be impacted by use of those facilities, which would help ensure the facilities are not misused. Chairman Jones noted Commissioner Carico was unable to attend the meeting as she was recovering from an illness and had requested he relate her concerns. Commissioner Carico felt a CUP was appropriate for the proposal, and the creek setback should be increased and some provisions for the continued maintenance of the creek made. Dr. Hau, 980 Oxford Drive, Los Altos, noted the size of the property allows him to build the size of house he has proposed. He clarified he had never called the 4 extention a secondary unit, that was a designation placed on the unit by Staff, but PLANNING COMMISSION MINUTES September 26th, 1990 Page 8 Approved wished to build it to live in while the rest of the house was constructed, noting the financial hardship associated with the building of the new residence. Chairman Jones asked Dr. Hau if he would be willing to have one kitchen. Dr. Hau responded affirmatively. Alex Berger, Alexander Place, noted he and his neighbors felt the proposed building was unseemly and too extravagant for the surrounding neighborhood. He noted the Town's intent when it incorporated to maintain the rural atmosphere. He noted Los Altos Hills is the only town in the area that would allow this kind of development. Chairman Jones compared the level of development allowed by the current calculations on the subject property to what is being proposed. Mr. Berger read from the Municipal Code, Section 10-1.104, that these levels should be held as the minumum requirements for public health, safety, and welfare. Commissioner Comiso felt the Town founding fathers wanted to provide for open 4 space and a rural atmosphere and to preclude dense subdivisions with standardized house, but had no intention for mandating the types of housing people want and need. Mr. Berger felt it was being imposed upon the neighborhood a structure that doesn't belong there. Elayne Dornig, 6 Cypress Court, noted the unique location of the property. She noted there are about 27 children in the Middlebury Court area of Los Altos adjacent to the subject property, and that the area was highly congested. She questioned where the water would go in this flood plain with this level of development of the property. She felt if the proposed new residence was built in an area where the surrounding properties were all at least one acre, there would be less of an impact, however, the people most impacted by this project are those in the Robinwood subdivision and Middlebury area of Los Altos. She felt concerns about traffic and future use of the facilites were valid issues. Commissioner Pahl noted it seemed people in the audience were asking the Commission to retroactively modify ordinances for this particular applicant, who is in fact not asking for anything the ordinances do not permit. The Public Hearing was closed. PLANNING COMMISSION MINUTES September 26th, 1990 tor Page 9 Approved Commissioner Pahl proposed a series of conditions based on the recommended conditions in the Staff Report. Conditions 1 through 12 remain as proposed, and with the following conditions 2a, 13, 14, 15, 16, 17, 18, 19: 2a. Development of this property is subject to the rehabilitation and adoption of a maintenance plan for Adobe Creek, to be approved by Staff and the Santa Clara Valley Water District for the area immediately adjacent to the premises. 13. This approval is conditioned upon the approval of the Los Altos Fire Department concerning their request for sprinklers in the premises. 14. Residence shall be utilized strictly for residential purposes and sporadic charitable events. Fee generation activities shall be absolutely prohibited without a Conditional Use Permit. This restriction shall be recorded in the property deed of this property. 15. Applicant shall construct a Type II -B path on Fremont Road and Edith Road to the satisfaction of Staff and the Pathways Committee, and shall dedicate an additional five (5) feet of path easement on Edith Road. 4 16. This residence and associated concert hall/recreation facility has not been granted any Conditional Use privileges as specified in Code Section 10-1.703 and therefore shall not be used for any of the activities required to acquire a Conditional Use Permit. The use of this facility is to be strictly residential, in conformance with the provisions of the Residential -Agricultural District (Code Sections 10-1.701-705). Any other use shall be a violationof the Zoning Code and General Plan of the Town, subject to the full enforcement provisions of the Town. 17. No parking of cars related to this project shall be permitted on Edith Avenue or Fremont Road. 18. In accordance with Section 5-2.01-.02 of the Code of Ordinances, noise levels shall not exceed those permitted on private property at or beyond the property line. 19. Any cooking facilities placed in approximately 2,000 square foot structure must be removed and the gas capped outside the house and 220v power removed from the kitchen area, prior to any ocupancy permit for the main residence (the objective of this is to ensure there is only one kitchen). Commissioner Ellinger noted his general agreement with the conditions outlined by Commissioner Pahl. He noted the creek running through the property, an essential attribute was not acknowledged on the site plans. He also expressed PLANNING COMMISSION MINUTES Approved September 26th, 1990 4 Page 10 concerns with the lack of mitigation of the site from the surrounding neighborhood. He noted the Fenwick residence was in the middle of forty acres, not near any other development, Morgan Manor was built so long ago it was not placed in the middle of a neighborhood, rather than developed around it. He noted the structure will have such a large impact, it seems to miss the point of the General Plan, and he questioned whether it was the best use of land. Commissioner Ellinger noted the need for twenty conditions reflected the level of concern associated with the project. He questioned whether a project requiring twenty conditions should be approved. Commissioner Stutz noted there are many large houses in the Hills, but never has there been so much public interest. She noted the property may be overbuilt in many ways, but she had difficulty denying the structures when the proposal meets the ordinances. She also noted objection to limitation of parking on Fremont Road, and that she would like to see the ballroom down to 2,000 square feet, and the size of the men's and women's restrooms decreased. Commissioner Noel noted he would like to see the size of the ballroom reduced. Commissioner Comiso felt the house was being redesigned to others likes and dislikes. Commissioner Jones noted he agreed with much of what Commissioner Ellinger had said. The Commission discussed downsizing of the ballroom with the applicant and his designer. Dr. Hau questioned what was accomplished by reducing the ballroom. He noted that if it will make everyone happy, even though the ordinance allows that size and he wants to build that size, he would decrease the size if the Commission wished. Chairman Jones noted if the Commission wished to require the applicant to reduce what is allowed by ordinance, they have to provide findings. Commissioner Ellinger noted the impact of the development on the neighborhood in an area where there is a transition from urban to rural. He noted the amount of pavement and hard surface area was inappropriate for the site and suggested the design wasn't ideal yet, in light of the twenty conditions, and would benefit from redesign. Mr. Roscoe, referring to the amount of pavement, noted the property had been in that condition for over 50 years. PLANNING COMMISSION MINUTES September 26th, 1990 Page 11 Approved Dr. Hau noted he wished to preserve the rural atmosphere and the impact being discussed was imaginary. In response to a question from Commissioner Pahl, Mr. Roscoe noted they had no problems with any of the conditions. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso to approve the Site Development Permit with the twenty conditions as outlined. above. AYES: Chairman Jones and Commissioners Comiso, Noel, Pahl, Stutz NOES: Commissioner Ellinger ABSENT: Commissioner Carico 4. NEW BUSINESS 4.1 Items brought up by Commissioners Commissioner Stutz asked about an accessory structure on Natoma Road, near The 6 Poor Clares convent, that appeared to be inhabited. Bill Ekem noted there were no sewage disposal facilities and it is not to be inhabited. Ann Jamison noted that the building inspector could find no evidence anyone was living there; apparently small children played there while parents worked at the facility. At Commissioner Stutz's request, Bill Ekern explained that the Gibbons application for an autobridge would require an amendment to a subdivision map, for which the Town does not have an enabling clause. Commissioner Ellinger wished to add a third item to his list for the Commission's discussion, for a planning counter handout detailing the application process and requirements. Ann Jamison noted that Staff was working on a series of handouts, and the Council had included funding in the budget for a typesetter. Commissioner Comiso noted she had an old booklet, which would probably need revisions, that advised applicants of the process. 5. OLD BUSINESS 6. APPROVAL OF THE MINUTES OF SEPTEMBER 12TH, 1990 Commissioner Pahl wished to clarify under Item 3.4, that he made the motion to recommend certification of the negative declaration and adoption of the ordinance. PLANNING COMMISSION MINUTES September 26th, 1990 (60 Page 12 4 Approved Commissioner Stutz wished to clarify under item 3.2, Commissioner Pahl's statement regarding paths on Fremont Road, that there was not a path on the other side of Fremont Road. Chairman Jones wished to clarify under Item 3.2, that Mr. Maloney's statement, 'Mr Roscoe is not an architect', was included in his ruling of speaking out of order, and he wished the statement removed. He also clarified under Item 7, that the Council was meeting regarding the Council's and Commission's priorities. MOTION SECONDED AND PASSED: Motion by Noel, seconded by Comiso and passed by consensus to approve the minutes of September 12th, 1990. 7. REPORT FROM THE CITY COUNCIL MEETING OF SEPTEMBER 19TH, 1990 Commissioner Ellinger reported there was a lengthy discussion on the budget. He noted Councilmember Casey's opposition to most of the fee increases. He also noted Commissioner Noel had presented an account of the future of Los Altos Hills. Bill Ekern reported the Council continued Quarry Hills to the meeting of October 17th, 1990, noting Staff was discussing withdrawal of the current subdivision application with the applicant. 8. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETINGS OF SEPTEMBER 18TH AND 25TH September 18th, 1990: Ann Jamison reported one item was reviewed: Sorenson/ Sherlund - Fence, retaining wall, grading. The request for grading, which involved 850 cubic yards of fill and cut to accomodate a play pad, was denied. It was far in excess of what was necessary on the property. The request for a retaining wall was withdrawn. The request for a black vinyl fence was approved. September 25th, 1990: Ann Jamison reported three items were reviewed and approved: Lam - Landscape plantings. Additional plantings were required and a dark gray paint color was approved for the house. Ghafouri - Landscape plantings. Plantings included numerous oaks and pepper trees. Ms. Jamison noted the plan, was especially responsive to needs of the Town and the property. The Commission discussed commendation of the landscape architect. Goese - Pool house. There were no significant concerns. PLANNING COMMISSION MINUTES Approved September 26th, 1990 Lav Page 13 9. ADTOURNMENT Ms. Jamison noted there were no Public Hearings scheduled for the Planning Commission meeting of October 10, 1990. The Commission considered items for discussion at the meeting. The Commission expressed interest in discussing the compilation of a booklet to assist applicants in the planning process, and fencing. MOTION: Motion by Comiso, seconded by Pahl, and approved by consensus to adjourn the meeting at 10:45 p.m. Respectfully submitted, Laura Johnson Planning Secretary 4 4