HomeMy WebLinkAbout07/24/1991APPROVED
PLANNING COMMISSION
MINUTES OF THE REGULAR MEETING
TOWN OF LOS ALTOS HILLS
26379 FREMONT ROAD
LOS ALTOS HILLS, CALIFORNIA
WEDNESDAY, JULY 24TH, 1991
cc: Cassettes #13-91
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Present: Chairman Jones and Commissioners Cheng, Comiso, Noel, Pahl
Absent: Commissioners Ellinger, Stutz
Staff: Bill Ekern, Director of Public Works; Margaret Netto, Planning
Consultant; Laura Johnson, Planning Secretary
2. PRESENTATIONS FROM THE FLOOR
There were no presentations from the floor.
3. PUBLIC HEARINGS
3.1 LANDS OF POWELL, 25981 Vinedo Lane: A request for a Site
Development permit for Grading
Bill Ekern introduced this item noting the septic system had failed and required
repair. If the cut and fill associated with the project is denied by the Town, the Santa
Clara County Health Department will issue a permit for work respective of the
slopes existing on the site.
The Public Hearing was opened.
Bill Powell, applicant noted a flatter area would be more stable for the drainfield as
well as allowing area for lawn. He noted that if the proposed cut and fill was
approved, a soils engineer would supervise the work. He felt the project was in
character with the neighborhood, as nearly every lot has an area leveled for outdoor
use. The Health Department said that with grass with a good root system, leveling
works well. Mr. Powell also noted the area is not visible from neighboring
properties.
Commissioner Jones asked if the area proposed to be graded encompassed about the
the same area as a tennis court. Mr. Powell responded that it would.
PLANNING COMMISSION MINUTES APPROVED
July 24th, 1991
Page 2
Greg Bunton, architect, noted there would be about three feet of cut and three feet of
fill, while neighboring properties have about eight feet of cut and fill.
Marlyss Powell, applicant, noted they wished to use the graded area for outdoor
living area.
Art Berg, 25961 Vinedo Lane, noted the work would be an improvement compared
to what is there now.
The Public Hearing was closed.
In response to a question from Commissioner Comiso, Bill Ekern noted the plans
show a minimum of five feet of cut and fill.
Commissioner Jones noted the drawings show a slope of 32% and if the property
was developed now, the applicant would be asked to put the area into a
conservation easement.
In response to a question from Chairman Noel, Bill Ekern clarified that the Health
Department was aware of the project proposed but were concerned with the Town's
position before approving plans to replace the septic drainfield.
Commissioner Pahl noted that grading to create outdoor area has been disapproved
as a concept.
MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Noel and passed
to deny without prejudice the Site Development permit for grading.
AYES: Chairman Noel and Commissioners Cheng, Comiso, Jones, Noel, Pahl
NOES: None
ABSENT: Commissioners Ellinger, Stutz
3.2 LANDS OF SAMUELS, 25751 Elena Road: A request for a Site
Development permit for a Major Addition
Margaret Netto introduced this item noting the proposed addition does not increase
the nonconformity of the existing development. She noted Staff recommended one
additional condition of approval, requiring that the applicant dedicate a 30 foot road
right-of-way.
The Public Hearing was opened. No one wishing to speak, the Public Hearing was
closed.
PLANNING COMMISSION MINUTES APPROVED
July 24th, 1991
Page 3
Bill Ekern noted the easement was probably 20 feet currently and clarified that
dedication of the additional 10 feet of right-of-way will reduce the net acreage of the
property by the additional 10 foot strip.
Commissioner Jones noted the Lot Unit Factor was 1.96 without the dedication, so
the property was not subdividable.
Stuart Samuels noted the dedication was acceptable
MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso and
passed to approve the Site Development permit for a major addition with Staff
Recommended Conditions 1 - 7 and the following Condition #8:
8. Prior to issuance of any building permits for this site, the owner shall dedicate a
30 foot road right-of-way to the Town for Elena Road. The owner shall prepare
the exhibit showing the right-of-way to be dedicated and a legal description of
this property. The Town shall provide the documents necessary to complete the
dedication procedure. A current title report is necessary to complete the
applicant's portion of this condition.
AYES: Chairman Noel and Commissioners Cheng, Comiso, Jones, Noel, Pahl
NOES: None
ABSENT: Commissioners Ellinger, Stutz
3.3 LANDS OF CHIU, 28530 Matadero Creek Lane: A request fora Site
Development permit for a New Residence and Swimming Pool
Margaret Netto introduced this item noting the proposed development conforms to
the the Subdivision Conditions of Approval as well as the Town's Zoning and Site
Development Ordinances. The architect designed the residence to be low profile,
cascading to the North.
The Public Hearing was opened.
Carol Gottlieb, Pathways Committee, requested restoration of the path along
Matadero Creek Lane. She also noted the native path in the conservation easement
should remain clear of debris and equipment.
Lynn Miller, project architect, noted they tried to design a house that looked like it
fit on the land. She also noted they had received verbal approval from two of the
three members of the Matadero Creek Architectural Review Committee. In
` response to a question from Chairman Noel, Ms. Miller noted they had no
objections to the Staff recommended conditions of approval.
PLANNING COMMISSION MINUTES APPROVED
July 24th, 1991
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Commissioner Pahl noted he had never seen a property so constrained and never
seen a house that fit so well on the property, giving his compliments to the architect.
Bruce Chan, project landscape architect, noted their intention to use native
plantings, and their interest in grouping trees naturally and buffering the
neighboring properties with landscaping.
The Public Hearing was closed.
MOTION SECONDED AND PASSED: Motion by Comiso, seconded by Jones and
passed to approve the Site Development permit for a new residence and swimming
pool with Staff Recommended Conditions 1 - 9 and with the following condition
#10:
10. Pathway on Matadero Creek Lane shall be repaired to Type II -B standards and
native path in conservation easement shall remain clear of debris and
equipment.
AYES: Chairman Noel and Commissioners Cheng, Comiso, Jones, Noel, Pahl
NOES: None
0 ABSENT: Commissioners Ettinger, Stutz
3.4 LANDS OF FINN, 12005 Finn Lane: A request for a Site Development
permit for a New Residence and Swimming Pool
Margaret Netto introduced this item noting the grading proposed is necessary to
lower the house to conform to the Subdivision conditions of approval.
The Public Hearing was opened
Steve Finn, applicant, noted the project architect, Dick Foust, was the third architect
retained to design the residence for this site as others had felt it was an impossible
lot. He noted they had worked with Councilmember Siegel and they had met with
the Goeses, who wrote a note supporting the proposed development
Commissioner Pahl noted that houses on the hill above would be looking down at a
flat roof. He questioned whether a (mansurred) roof would look better with the
house pushed as low as possible on the site, as required by the subdivision
conditions. He noted it would require a map amendment.
Bill Ekern noted the applicant would have to make a formal request to change the
final map and would have to show that conditions have changed.
PLANNING COMMISSION MINUTES APPROVED
July 24th, 1991
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Commissioner Comiso noted the importance of a deed restriction but questioned
whether in future development, consideration could be given to allowing for
architectural solutions.
Commissioner Comiso noted Mr. Finn had said he spoke to Councilmember Siegel.
She wished to clarify that Mr. Siegel is a neighbor of Mr. Finn and talked to him as a
neighbor, not as a representative of the Town. He is not voting on the application
and has never taken action on the Finn subdivision as a councilmember.
Mr. Finn noted his interest in constructing a widows walk
Mr. Ekern noted that chimneys and antennas were the only things exempted from
the height limitation.
Commissioner Jones asked if the applicant objected to an additional condition
prohibiting mechanical equipment on the roof of the residence.
Mr. Finn noted he had no objections to the staff recommended conditions of
approval or the disallowance of mechanical equipment on the roof.
The Public Hearing was closed.
MOTION SECONDED AND PASSED: Motion by Comiso, seconded by Jones and
passed to approve the Site Development permit for a new residence and swimming
pool with Staff Recommended Conditions 1 - 8 and the following condition #9:
9. No mechanical equipment shall be placed on the roof of the residence.
AYES: Chairman Noel and Commissioners Cheng, Comiso, Jones, Noel, Pahl
NOES: None
ABSENT: Commissioners Ellinger, Stutz
3.5 LANDS OF KOLYN ENTERPRISES, 13861 Cicerone Lane: A request for a
Site Development permit for a New Residence and Swimming Pool
This item was continued at the request of the applicant.
4. NEW BUSINESS
Bill Ekern noted a Councilmember wished to know whether there was Planning
Commission interest in the creation of a subcommittee to look into increasing
setback size in line with the size of the house developed.
Commissioner Comiso felt the issue was best reviewed on a case by case basis.
Lai
PLANNING COMMISSION MINUTES APPROVED
July 24th, 1991
Page 6
Commissioner Pahl noted the Council doesn't review projects the Commission
hasn't seen and wished to know why there was a letter from Peter Duxbury, project
architect, for the Lands of Fong regarding changes in development approved by the
Planning Commission. He requested clarification from Staff regarding Council's
policy.
Bill Ekern noted that at their meeting of July 17th, 1991 the City Council had not
received a specific request for changes in proposed development. Council clarified
that the location of a residence could not be changed at the Staff level of review. Mr.
Ekern noted that after a lengthy discussion, the Council took no action on the Fong
application. He noted Commissioner Pahl was correct, the Council does have a
policy, and it is necessary to determine whether the change proposed is substantial.
Commissioner Pahl noted that for the Lands of Fong, moving the house five feet
was not a substantial change. He felt, however, that with a 30 percent slope a change
of five feet would be substantial and he did not want considerations for the Fong's
project to impact future projects.
Commissioner Comiso also felt shifting the house five feet was not substantial for
the proposed Fong residence. However, ordinarily she would like to see this type of
change come before the Commission for review
Commissioner Jones felt moving the house five feet was not a substantial change
and expressed surprise that the neighbors thought it would make a difference.
Chairman Noel also felt it was not a substantial change.
Commissioner Cheng felt it was not necessary for the application to come before the
Commission again for a five foot change.
Commissioner Jones requested Staff check speed limit signage on Fremont Road in
the school zone of Bullis-Purissima Elementary school.
5. OLD BUSINESS
In response to a question from Commissioner Pahl, Bill Ekern noted there would be
a report from Sun Country Cable at the next meeting.
6. APPROVAL OF THE MINUTES OF TULY 10TH, 1991
Commissioner Comiso wished to clarify under Lands of Fong on page 8, line 2 in
the paragraph preceding the closure of the Public Hearing, "...rather he liked the
L site."
PLANNING COMMISSION MINUTES APPROVED
July 24th, 1991
Page 7
MOTION SECONDED AND PASSED: Motion by Comiso, seconded by Jones and
passed by consensus to approve the minutes of July 10th, 1991 as amended.
7. REPORT FROM THE CITY COUNCIL MEETING OF JULY 17TH. 1991
Commissioner Jones reported Lands of Fong was continued. Regarding Lands of
Mooring, the applicant agreed to move the second unit to conform to the 30 foot
setback with fees for the existing permit applied to the fees for the conforming
second unit and with the primary residence application proceeding directly to the
City Council for review. Regarding Lands of Harrington request for lot line
adjustment, the applicant was required to adjust the lot line to allow a Lot Unit
Factor of 1.0. Regarding Lands of Chou, the residence, tennis court, and pool were
approved. The applicant lowered the residence four to six feet to address Council's
concerns.
8. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETINGS OF
JULY 23RD, 1991
July 23rd, 1991: Bill Ekern reported one item was reviewed: DEL Investments -
Tennis Court and Swimming Pool. Swimming pool was approved; however, the
tennis court was denied as it is proposed in a conservation easement.
9. ADiOURNMENT
Commissioner Comiso noted she would be the Planning Commission
Representative to the City Council meeting of September 4th, 1991.
Les Jones, City Manager, noted the legal meeting with the City Council and Planning
Commission scheduled for July 17th had been preempted and was rescheduled for
September 4th, 1991.
MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso and
passed by consensus to adjourn to a site visit for the Lands of Ben Artzi, 27800 Via
Feliz on September 11th, 1991 at 6:00 p.m.
Respectfully submitted,
Laura Johnson
Planning Secretary