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