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HomeMy WebLinkAbout12/22/1992Minutes of a Regular Meeting APPROVED Town of Los Altos Hills PLANNING COMMISSION Tuesday, December 22,1992,7:30 P.M. Council Chambers, 26379 Fremont Road cc: Cassettes #23-92 (1) 1. ROIL CALL AND PLEDGE OFA All IANC:E Planning Commission meeting was called to order at 7:30 p.m. in the Council Chambers at Town Hall. Present: Chairman Pahl, Commissioners Schreiner, Simmu & Stutz Absent: Commissioners Cheng, Comiso & Ellinger Staff: Linda Niles, Town Planner; Land Lonberger, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR Persons wishing to address the Commission on any subject not on the agenda are invited to do so now. Please note, however, that the Commission is not able to undertake extended discussion or take action tonight on non-agendized items. Such items will be referred to staff or placed on the agenda for a future meeting. None Items appearing on the Consent Calendar are considered routine and will be adopted in one motion, except for any item removed for separate consideration elsewhere on the agenda. The Chairman will ask the Commission and the audience for requests to remove these items. None 4.1 LANDS OF CHAN, 11621 Rebecca Lane; A request for a Site Development Permit for a Pool. (This item was continued from the meeting of 11/24 /92 for a redesign to reduce the Variance. It has been redesigned not to need a Variance at all.) V Planning Commission Minutes APPROVED December 22, 1992 Page 2 Ms. Niles introduced this item stating that a Site Development and variance application was reviewed by the Commission at their meeting of November 24, 1992 and continued to allow the applicant to redesign the project to reduce the required variance as much as possible. The applicant removed an additional amount of existing hardscape and reduced the proposed square footage for walkways, pool patio and the pool, and was able to accomplish no net increase to the existing non -conforming development area situation on site, therefore, no variance was needed. Ms. Niles corrected the figures in the Staff Report and removed the findings for the variance and stated that the standard recommended conditions indicated the items that needed to be completed before issuance of a building permit. It was Staff's recommendation, that since a variance was no longer necessary, and the existing non -conforming development area had been reduced, that the project be approved as redesigned subject to the recommended conditions as listed in the Staff Report. OPENED PUBLIC HEARING The applicant was not present and no one requested to be heard regarding Lands of Chan. CLOSED PUBLIC HEARING Chairman Pahl stated that normal policy would be when an applicant or representative was not present, the application would not be considered, however, because the applicant had already been through a public hearing, it was felt that the Commission could proceed with this application. Commissioner Simmu stated that he was opposed to the project previously heard, however, now that the project did not require a variance he would be in favor of the project. Commissioner Schreiner stated that in the Recommended Conditions, #5 requested a Type IIB path shall be dedicated and improved, however, she stated that the property already had a path on the road right-of-way and was not required to be dedicated but needed to be restored as it was in poor condition. She also stated that the two driveways plus one walkway needed to be roughened. She also suggested that the landscape plan be returned to the Site Development Committee to request screening around the pool where the retaining wall is located. MOTION SECONDED AND PASSED: Motion by Commissioner Stutz and seconded by Commissioner Sinunu to approve the Site Development Permit for a pool and deck as conditioned with changes to Condition 5 stating that the path will be restored. Planning Commission Minutes December 22,1992 Page 3 APPROVED AYES: Chairman Pahl, Commissioners Simmu, Stutz and Schreiner NOES: None ABSENT: Commissioners Cheng, Comiso & Ellinger This item will automatically be approved on December 31, 1992 unless a City Council Member requests this item to be pulled for public hearing since the next Council meeting is not scheduled until January 6,1993. 4.2 LANDS OF MCCULLOUGH, 14251 Miranda Road; A request for a Site Development Permit for a Remodel, Addition and Variance to allow two required parking spaces in a required setback. Ms. Niles introduced this item stating that the proposal was for the addition of a new bedroom wing and expansion of the existing family room, and the addition of an exterior deck to an existing single family dwelling. The house is proposed to be added onto at the rear or west side of the house and at the north side of the existing family room. The existing structure is one story and the new addition will be one story as well. A condition has been added requiring that a landscape plan be required to be submitted in order to review whether screening is necessary on the west side of the new addition. The house is currently existing with portions of the structure in the required side yard setbacks. It is the requirement of the Town that when a property comes in with a major remodel that the parking be required to conform to the current standards which are 4 parking spaces per single family dwelling unit. The property currently has a two car garage, a portion of which is located in the setback. Additionally, the property owner currently uses a portion of the driveway pavement for parking. Almost the entire driveway is located in the setback, therefore, the applicant is requesting the Planning Commission approve a Variance to allow two required parking spaces to be located in the setback on the existing driveway pavement, where it is currently being utilized. Since there is no place in the front of the existing house to construct additional parking outside the setback, it was Staffs recommendation that the parking be allowed to be provided on the existing driveway pavement as it has been utilized in the past. In order to provide spaces outside the setback, the property owner would have to construct a driveway around the side of the house in the set back in order to take cars to the rear of the house, however, this seems too illogical and disruptive to the site and the surrounding properties. Staff provided Variance Evaluation and Findings and recommended approval of the Site Development Permit and Variance as submitted, subject to Staff findings and recommended conditions. Ms. Niles stated that there had been one issue raised by a Commissioner regarding the dedication width for the road right-of-way and stated that the engineers are requiring a 30' half width dedication on Miranda to be consistent with other sections of Miranda Road. The applicants are showing this on the plans. Planning Commission Minutes APPROVED December 22, 1992 Page 4 J Commissioner Stutz stated that on page 3, the Staff was requesting that the Planning Commission require a Type IIB path to be installed within the right-of-way on Miranda. She asked if that was just for the 30' section. Ms. Niles responded stating that it was for the 30' section and that is all they could require on the property. Commissioner Stutz also asked if there were any adjoining paths and Ms. Niles stated that she felt that the applicant may want to answer. Commissioner Stutz felt there was a need to require a path there. Ms. Niles stated that the Type IIB path was required as shown on the Master Pathway Plan. Commissioner Schreiner asked if the shed would remain as it was in the setback. Ms. Niles responded that she was not aware that they were proposing to remove the shed and it was not required to be removed. OPENED PUBLIC HEARING Scott Davis, 4856 EI Camino Real, Suite A, Los Altos, the project Architect, was asked if there were any plans to replace the pine tree marked on the plan to be removed. Mr. Davis responded, no, not at this time and there were a number of other large pines on the property. Mr. Davis had no problem with the recommended conditions, however, he questioned the Type IIB path and asked for further explanation. It was explained that it was basically two boards on each side of a 5' wide pathway. Chairman Pahl asked if Mr. Davis had a problem with replacing the pine tree, not necessarily with a tree of the same size. Mr. Davis responded that it would not be a problem. Commissioner Sinunu stated that he would not normally make a comment regarding a pine tree, however, this tree was very prominent and a very attractive tree and it was in the spirit of the ordinance regarding oaks and even though this was not technically required, it would be appropriate. Lynn Hart, 14261 Miranda, next door neighbor, questioned the path, asking if it would be going along side of the right-of-way. Chairman Pahl responded stating that there was a pathway that would be constructed across the driveway, essentially and outside of the driveway along the 30 feet running along parallel to Miranda. The pathway program was explained stating that the Committee was interested in setting up pathways throughout the Town and this is accomplished as development projects come up for renovation or for remodeling and the hope was that there would be a pathway along Miranda Road on the property side of the street. Planning Commission Minutes APPROVED December 22,1992 L Page 5 Nicholas Hart, 14261 Miranda, asked for more clarification regarding the driveway. He stated that the driveway was paved all the way to the street and asked if they intended to dig up the driveway. Chairman Pahl stated that across the driveway it would be roughened so it would be protected for people walking so they would not slide during the wet weather. He also stated that where the driveway was unpaved there would be a pathway with two boards on the side. He stated that the edge of the pavement was not 30' across according to Mr. Kull, Civil Engineer. Ms. Niles stated that the path would be placed in the right-of-way and not on private property. The road right-of-way is 60' wide from each side of Miranda Road. The pavement on Miranda Road is probably not 60' wide. She mentioned to Mr. Hart that his pavement may be in the public right-of-way and in that area is where they would be putting in the pathway. The City Engineer would review the project and look for the best solution for accomplishing the path improvements. Mr. Davis asked if it was the policy to disrupt or remove actual paving and hardscape to put in a specific path to make it continuous and if this was part of the master plan. Ms. Niles stated that this may be the case if the existing pavement or hardscape is in the right-of-way. If the paths are on their private property they may have another solution for crossing their paved driveway. If they are in the public right-of-way, in order to make the path continuous, they may reduce the length of their driveway that extends into the public right-of-way. This project will need an on-site review by the City Engineer for determination of what is best for this specific site. Commissioner Stutz asked if the driveway coming into Miranda was paved as wide as Miranda was paved. In other words, was the pavement on the driveway as wide as Miranda was. The response was no. She further stated that Miranda was not 30' wide and she did not know of any streets in Town 30' wide, paved, so there would be property left on each side of the driveway where they are asking for the path to be installed. The paving was not 30' wide. CLOSED PUBLIC HEARING The Commission discussed the variance only. Commissioner Sinunu stated that he had no problem with the variance as it did not appear to be a true variance. There were no changes in the use due to their building the additions and he did not feel that they needed to restrict the property because of these additions more than it was restricted before. `. Commissioner Schreiner agreed with Commissioner Sinunu. Planning Commission Minutes December 22,1992 Page 6 APPROVED MOTION SECONDED AND PASSED: Motion by Commissioner Sinunu and seconded by Commissioner Stutz to adopt Staffs findings approving the variance. AYES: Chairman Pahl, Commissioners Schreiner, Simmu & Stutz NOES: None ABSENT: Commissioners Cheng, Comiso & Ellinger The Commission discussed the Recommended Conditions for a major remodel and decking. It was mentioned that the Staff Report did not include the dedication of the 30'right-of- way. This will be added as condition 12. MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Stutz to accept the application as conditioned with the addition of #12, the dedication of the 30'right-of-way. AYES: Chairman Pahl, Commissioners Stutz, Simmu & Schreiner NOES: None ABSENT: Commissioners Cheng, Comiso & Ellinger This item will automatically be approved on December 31, 1992 unless a City Council Member requests this item to be pulled for public hearing since the next Council meeting is not scheduled until January 6,1993. 4.3 LANDS OF ABRAHAM, 12831 Viscaino Road; A request for a Site Development Permit for Hardscape and Variance for patios and a trellis to encroach into required setbacks. (Staff requested that this item be continued since the applicant did not turn in the proposed plans in time to include in the agenda.) 5. NEW BUSINESS 5.1 Review and discussion of the Site Committee decision on Lands of Chiu could not be discussed as the applicant requested continuance of the Site Development Review scheduled for December 22, 1992 for the landscape plantings, fence and driveway modification. This will be rescheduled for sometime in January, 1993. 4 14 Planning Commission Minutes APPROVED December 22, 1992 Page 7 Chairman Pahl gave a brief background on the Lands of Chiu stating that Peter Shaw, landscape architect, had telephoned him stating that this project had problems with access and the Matadero Creek Homeowners Association. This project was on the Site Development Committee calendar for this afternoon for review and Chairman Pahl requested that this item be placed on the agenda for further discussion. 6. OLD BUSINESS 6.1 Discussion of the Housing Element of the General Plan (continued from the December 15th meeting, continuing with page 27 of the 1991 Housing Element). This item will be discussed at the end of the meeting. Ms. Niles discussed the letter from Mr. and Mrs. Wong addressed to the Planning Commission regarding 28380 Christopher's Lane. She noted the fact that they had not been noticed and the project was approved at least 2 years ago and the project will not be recalled and re -noticed at this time. The Town Staff addressed the Wong's concerns regarding drainage and have assured them that the drainage has been reviewed and designed and redesigned by engineers. Ms. Niles also stated that the Staff had also assured the Wongs that if it does not work as designed, the Town would require the applicant to make changes so it would work before the project was finaled. The City Engineer will be reviewing the second concern regarding the disappearance of the hiking trail path. Commissioner Stutz requested a written memo from Staff at the conclusion of the Staffs findings regarding the Wong's letter with a copy to Carol Gottlieb. APPROVAL OF THE MINUTES OF NOVEMBER 24 AND DECEMBER 9,1992. MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Stutz to approve the minutes of November 24, 1992 and passed unanimously with changes to page 9, paragraph 5, to read "Commissioner Simmu and Schreiner" and page 11, paragraph 4, corrected spelling from Barbecca to Boboricken. MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Stutz to approve the minutes of December 9, 1992 and passed unanimously with change to page 4, paragraph 6 to read "Commissioner Schreiner stated that she thought this could be a two story house which would reduce the size of the encroachment or possibly eliminate it entirely." Is Planning Commission Minutes December 22, 1992 Page 8 APPROVED 8. REPORT FROM THE CITY COUNCIL MEETING OF DECEMBER 16, 1992 8.1 Commissioner Cheng was the representative, however, in her absence Commissioner Schreiner stated that she had also attended the meeting. Items discussed were the Lands of Viso which the City Council pulled since they questioned the development area. They questioned the grass ring driveway and they were also concerned about how much development area the gravel walkways counted for; the Lands of Medina was approved and was adgendized for discussion later in the meeting regarding encroachments which the City Council will address in the future; the Council approved $11,000 to complete the second phase of the Byrne Park fence plus a small section near Westwind that had not been completed; the Council approved the Planning Commission's request to hire someone to update the numbers in the Housing Element to the 1990 census figures; the Council approved the parcel map for Lands of Wang. 9. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETING OF DECEMBER 15 AND 22,1992 9.1 LANDS OF STEINMETZ, 24635 Voorhees Drive; A request for a Site Development Permit for a Landscape and Fence Plan. Approved with conditions. 9.2 LANDS OF CLAUSEN, 12809 Clausen Court; A request for a Site Development Permit for a Landscape Plan. Approved with conditions. 9.3 LANDS OF CHID, 28530 Matadero Creek; A request for a Site Development Permit for clarification of previous Site Development approval of Landscape Plantings, Fence and Driveway Modification. The applicant requested continuance and to be rescheduled for sometime in January, 1993. 6. OLD BUSINESS (Continued) Returned to the discussion of the Housing Element starting with page 27 of the 1991 Draft and page 20 of the official 1988 Housing Element. Lr -j There was a concern by the Planning Commission that with three Commissioners absent the discussion should be postponed to a special meeting January 13,1993 at 5:30 p.m. The postponement would allow time for the Census (ABAG) figures to be inputted which they felt was especially important concerning page 34 and this will allow more time to analyze the information. Commissioner Schreiner reviewed some of the figures and felt that the population growth had slowed and had almost stopped and the figures as shown were not relative. Commissioner Schreiner suggested writing one or two paragraphs in the Housing Element stating this fact. vo Planning Commission Minutes December 22,1992 Page 9 APPROVED 11 The Planning Commission agreed unanimously to schedule a special meeting January 13, 1993 at 5:30 p.m. prior to the regular scheduled meeting to continue discussion on the Housing Element. At that time, Ms. Niles will have the numbers updated and provide the Commissioners with a brief recommendation on how to address the deficiency paragraphs that the State had sent on the 1988 Housing Element. She stated that there were areas that the State wanted more discussion on. Ms. Niles stated that she would also review page 34 as suggested by Commissioner Schreiner and contact her regarding the figures. Chairman Pahl re-emphasized the fact that the Town was essentially built out and that any building sites that remain (subdivisions and/or undeveloped lots) were not going to be systematically or regularly coming in. He felt that this statement would eliminate much of the discussion over analysis of potential subdivisions and building sites. Commissioner Schreiner asked Chairman Pahl if he was in favor of pursuing secondary dwellings on those lots that do come in or requiring secondary dwellings. Chairman Pahl stated that when lots come in for remodel or rebuilding or when people consider adding on to their property, secondary dwellings are great, however, the Town is built out. He does not anticipate there being significant numbers of new houses or subdivisions. Commissioner Stutz asked Staff for a survey of remodels, subdivision/build outs and new lots over the past 5 years which she felt would be very useful information. Other items discussed: Commissioner Schreiner asked if they were going to try to put any programs in to help those people who are elderly and/or below the poverty level that live in Los Altos Hills; Commissioner Stutz would like to see somewhere in the next write up the mention of the number of secondary dwellings in Los Altos Hills as she did not feel that the State had any idea how drastically the zoning had been changed when the Town approved the secondary units to be used as rentals. 10. ADJOURNMENT MOTION SECONDED AND PASSED: Motion by Commissioner Stutz, seconded by Commissioner Schreiner and passed by consensus to adjourn the meeting at 8:50 p.m. Respectfully submitted, LaniLonberger Planning Secretary