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HomeMy WebLinkAbout04/24/1996Minutes of a Regular Meeting Approved5/8/96 Town of Los Altos Hills PLANNING COMMISSION Wednesday, April 24,1996,7:00 p.m. Council Chambers, 26379 Fremont R cc: cassettes xe-vo t z 1 1. ROLL CALL AND PLEDGE OF ALLEQIANCF The Planning Commission meeting was called to order at 7:00 p.m. in the Council Chambers at Town Hall. Present: Chairman McMahon, Commissioners Cheng, Doran, Gottlieb, Stutz, Finn & Schreiner Staff: Curtis Williams, Planning Director; Sheryl Proft, Assistant Engineer; Lani Lonberger, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR None. 3. MUC-MAERiGS 3.1 LANDS OF WOLKEN, 27345 Deer Springs Way (52-96-ZP-SD); A request for a Site Development Permit for a major addition and remodel. The Planning Director introduced this item. Commissioner Schreiner questioned the minimum fire requirements requested by the Fire Marshal in this high fire hazard area. She did not understand why more requirements were not requested. The Planning Director noted that one criteria for the Fire Marshal's evaluation of requirements is the increase in square footage. This is a small addition on a very modest existing home. The Fire Marshal does recognize the potential fire hazard in this area and he is working on clearing the area for fire protection. OPENED PUBLIC HEARING Art Everett, 5000 Alpine Road, Portola Valley, project architect, was available for questions as well as the applicants and their neighbor. Commissioner Schreiner L commented on the upper area of the garage, questioning its use. Mr. Everett noted that the area above the garage was built in 1988 as an artist studio. Currently the Planning Commission Minutes Approved 5/8/96 April 24,1996 Page 2 area is used occasionally as a guest bedroom. Regarding the roof, the applicant may change the entire roof to metal due to the harsh weather taking its toll on the cedar shakes. If changed, it will be a non -reflective, flat, deep toned, natural look. CLOSED PUBLIC TESTIMONY Commissioner Gottlieb suggested adding a condition to require the roofing material to be a non -reflective, darker metal color. She questioned the minimal fire requirements which did not include sprinklering or widening of the narrow driveway. It was noted that the applicants have a pump in their pool for Ere emergency use. MOTION SECONDED, AMENDED, AND PASSED: Motion by Commissioner Doran, seconded by Commissioner Cheng and amended to approve the Site Development Permit for an addition and remodel of an existing residence, Lands of Wolken, with the addition to the conditions of approval noting that if a metal roof is used, a darker color shall be chosen and the roof shall have a matte or non - reflective finish. AYES: Chairman McMahon, Commissioners Cheng, Finn, Gottlieb, Stutz, Schreiner & Doran NOES: None fir' This item will be on the City Council consent calendar May 15,1996. 3.2 LANDS OF TENG, 25420 Crescent Lane (154-95-ZP-SD-GD); A request for a Site Development Permit for an accessory building (continued from March 27,1996). Commissioner Stutz stepped down from the public hearing as she is a neighbor within 500 feet of the project. The Planning Director noted three additional items provided for review: 1) a letter from the next door neighbors, the Cabrals; 2) an updated geotechnical letter from William Cotton and Associates which will be incorporated into the conditions of approval; and 3) a correction to the staff report noting conditions 10, 13, and 14 only need to be completed and signed off prior to acceptance of construction plans for plan check by the building department. In reviewing Worksheet 1i2, it was noted that the 79 square foot accessory structure was an existing detached shed located behind the garage. Also noted was the roof height on the proposed accessory structure was six inches higher than the previous design. Commissioner Firm asked the Planning Director if the applicant, in his opinion, followed the direction of the Commission as stated at the previous meeting. Mr. t Williams responded yes. \J Planning Commission Minutes Approved 5/8/96 April 24,1996 Page 3 OPENED PUBLIC HEARING Greg Benton, 5546 Harvard Drive, San Jose, project architect, was available for questions and agreed with all the conditions as stated in the staff report. Commissioner Gottlieb asked if they considered carrying out the similar (unique) roof lines of the main residence onto the proposed structure to make the two structures more compatible. Mr. Benton responded no, although they are keeping the same siding materials, the same colors, and the same roofing materials. CLOSED PUBLIC TESTIMONY Chairman McMahon noted the direction given at the previous meeting was to have the secondary dwelling behind the front of the neighbor's house. She did not feel this had been accomplished. Commissioner Doran felt the staff report was correct in that the Commission requested that the structure be moved back to be parallel with the front of the neighbor's house (moved 10 feet lengthwise). The Planning Director did not feel views would not be blocked. Commissioner Schreiner asked the Planning Director if the Planning Commission could consider this proposed structure to be a secondary unit thus requiring a fifth parking space. Mr. Williams responded yes, however this was not the direction given the applicant at the previous meeting. Commissioner Finn felt the applicants have complied with requests made at the previous meeting. He felt the materials, siding and roof line were consistent with the house. MOTION SECONDED, AMENDED, AND PASSED: Motion by Commissioner Finn, seconded by Commissioner Doran, and amended to approve the Site Development Permit for an accessory building, Lands of Teng, with the following additions/changes to the conditions of approval: kitchen facilities may not be added to the structure unless a fifth parking space is provided on the property; no construction access from Elena Road; modify #3 to exclude wording indicating that the accessory structure match the existing structure in color as it is a very light; and require the applicant to submit a landscape screening plan to replace the three pine trees removed along the eastern property line with six 36 -inch box trees to provide mitigation screening between the guest house and the neighboring lot to the east. The plan shall be reviewed and approved prior to issuance of a building permit. AYES: Commissioners Schreiner, Cheng, Gottlieb, Finn & Doran NOES: Chairman McMahon ABSTAIN: Commissioner Stutz This item will appear on the City Council consent calendar May 15, 1996. Planning Commission Minutes Approved 5/8/% April 24,1996 Page 4 3.3 LANDS OF TAAFFE,12308 Concepcion Road (12060 Elise Way) (72- 95 -CUP); A request for a Conditional Use Permit for a construction equipment and storage yard. The Planning Director introduced this item noting the Assistant Engineer would not be participating in the discussion as she has a conflict of interest. A letter had been received from James O. Taaffe. The Commission took a brief break to read the new information. The Planning Director continued stating he had discussed the contents of the letter from Mr. Taaffe with the City Attorney. There were three issues in the letter relevant to the discussion to be heard. The first issue related to the permit having expired in 1992 because the agreement does not allow the transfer or assignment by permitee, James O. Taaffe. Mr. Williams noted that the City Attorney indicated this type of condition is invalid (you can tie the permit by time but not to ownership). The Planning Commission is dealing with the renewal of a Use Permit and the ownership differences do not make a difference. The second issue in the letter relates to conditions which state that prior to any development on either lots 3 or 4 (the construction yard is currently on lot 4), the Use Permit had to be terminated. Mr. Williams indicated there were no conditions ( relating to terminating the Use Permit. There are conditions in both the Tentative �I Map for the subdivision approved in the mid 1980s and also in a subsequent agreement relative to the structures that were on the two lots. The agreement stated that before any permit is issued for either lots 3 or 4, any structures that were within the setbacks of the common property line between the two lots, be removed. Those structures have been removed. There is no existing non- conformity as far as the line between the two lots. This condition has been satisfied and the Town could entertain a permit request for development on lot 3 at this point, under those conditions. The third issue as stated in the letter relates to comments regarding Mr. James O. Taaffe, as former officer and major shareholder of Martin J. Taaffe, occasionally received inquiries and complaints about activities conducted on lot 4, present site of M. B. Taaffe Company. Mr. Williams was not aware of any regular cause for concern and in the past year, there has not been any complaints logged by the Town regarding activities on the lot. Commissioner Gottlieb noted the receipt of many letters in support of the project. The Use Permit is only for lot 4. Commissioner Schreiner questioned the number of vehicles on the lot. The Planning Director referred to condition #1 which would allow policing of activities. Additional wording could be added noting that if the Planning Director determined there is any increase in the level of activity based on Planning Commission Minutes Approved 5/8/96 April 24,1996 Page 5 4 the number of vehicles, etc., the Use Permit would be amended. Commissioner Stutz would not want to limit the equipment on the lot. It was noted that the Fire Marshal did not have any requirements. It was suggested adding the standard language indicating the property address shall be placed on the property so that it is clearly visible and legible. OPEN PUBLIC HEARING Ben Taaffe, 26854 Purissima Road, applicant, was available for questions. He verified the number of vehicles/equipment listed in his statement was accurate. He accepted the suggested offer to set the upper limit of vehicles on the site to 25. Hugh March, 13101 La Paloma Road, neighbor, noted it was hard to believe it was been 20 years since the last Use Permit. He felt the applicants were good neighbors. He was concerned with the removal of the septic tank as the site does not have any sanitation facilities available. Jim Sandman, 26545 Purissima Road, voiced the following concerns: the lack of trees for screening; the consolidation of the entire trucking facility onto lot 4 adjacent to them; opposed to the renewal of the permit; the operation is no longer compatible with the surrounding (residential) uses; the relocation and concentration of the equipment next to their property which affects the property value; the health impact of diesel fumes; the health and safety impacts of fuel trucks that are less than 50 feet from their home; and noise and vibration from the equipment, in particular on weekends and holidays. He disagreed with the staff report regarding the impact on neighbors being negligible. The concentration of the equipment on lot 4, the size of equipment, and the noise and bright color of the large equipment have a significant impact on the neighborhood. He disagreed with the staff report regarding no development occurring. In early 1994, an apricot orchard was removed to develop the upper parking lot. In 1993, he had met with the former Town Planner to express some of their concerns which included operation outside of business hours, noise, dust, vibration, and inappropriate behavior. He urged the Town to carefully consider the promises of emergency services in exchange for non -conforming business use. He invited the Commission to visit the site when all the equipment was there, when one or more units are working in the yard or when a loaded rig is going up the driveway so they can decide for themselves if the impact is minimal. Linda and Natalie Taaffe, 26645 Purissima Road, Jim Taaffe's daughters, spoke on behalf of their father. They discussed the original Use Permit granted on lots 3 and 4, the division of the property by family members, their document noting lots 3 and 4 would not be approved for building sites until the existing buildings were (, removed and Use Permit terminated (the buildings have been removed). Their Planning Commission Minutes Approved 5/8/96 April 24,1996 Page 6 'r concern was if the Use Permit was not terminated, would that restrict their father from developing lot 3. They were also concerned that the yard would now have an impact to the abutting properties (value). Ben Taaffe, 26854 Purissima Road, applicant, answered concerns noted by Mr. Sandman referring to inspections and verification of adherence to State requirements. Currently, there are six employees on payroll. In Mr. James Taaffe's letter, he suggested relocating the construction yard to the Taaffe property on Purissima Road near the Fremont Hills Stables. The applicant disagreed with the suggestion as this is the location of his residence. He was questioned regarding restricting work on holidays and the lack of sanitary facilities on the site. Marilyn Cheung, 26646 Laurel Lane, suggested reducing the 20 year permit to five years. John Saviano,12620 Corte Madera Lane, felt the Taaffe's have always been great neighbors, and providing emergency services over the years. He did not feel there were any problems on the yard site. CLOSED PUBLIC TESTIMONY r Commissioner Doran would like to mitigate the concerns expressed by the �r neighbors. She suggested continuing the Use Permit until the Commission can view the site again. She did note that the yard site has been in its original location long before the development of the area. Discussion ensued regarding the following: provide sanitary facilities on the site now until such time as they connect to the sewer system; restrict construction hours to 7:00 a.m. to 7:00 p.m. Monday through Friday, Saturday from 8:30 a.m. to 5:00 p.m. with no Sunday construction hours (adhere to Town polity); and to restore the pathway on Concepcion Road. The Planning Director noted that lot 3 can be developed currently. The language mentioned in the letter from James O. Taaffe is not to be found as an official record. He asked Linda and Natalie Taaffe if they had a full copy of the document presented in the letter as it does not appear to be an approved document in Town files. MOTION SECONDED AND PASSED BY CONSENSUS: Motion by Commissioner Stutz, seconded by Commissioner Doran and passed by consensus to continue the application to an adjourned meeting on the site, May 8, 1996 at 6:00 p.m. and to continue the regular scheduled public hearing to May 22, 1996. Planning Commission Minutes Approved 5/8/% April 24,1996 Page 7 4.1 Planning Commission Representative for April 17 meeting, Commissioner Gottlieb, reported on the following items: Lands of Peirce; Lands of Floss; adoption of ordinance amending the Zoning Code regarding slope density calculations, building circle requirements and service uses as conditional uses; use of Community Development Block Grant Funds; goals and objectives for year 95-96; request for preliminary approval of construction of Adobe Creek Lodge path and Aric Lane bridge; proposed streets with paths on both sides; recommendation to name the path between Lupine Lane and Elena Road as the Fran Stevenson path; clarification and emphasis of design guidelines for hillside lots; role of Environmental Design Committee (continued); and Moon Lane pathway. 4.2 Planning Commission Representative for the May 1st meeting -to be determined. 5.1 Report from subcommittees. Commissioner Schreiner reported the following: attendance at the Pac Bell presentation; and the formatting of the Municipal Code. Commissioner Doran reported on the Non -conforming Subcommittee. HIAA : t\I 6.1 Review of Ordinance provisions for secondary dwelling units and accessory structures was introduced by the Planning Director. The discussion included the following: if it looks like a secondary unit, it should be called a secondary unit; looking for clarification of definition; limiting all habitable areas to a maximum of 1,000 square feet; ordinance change versus establishing a policy; review of other similar Town policies (Portola Valley, Los Altos, etc.); City of Los Altos definition of a kitchen; develop a policy for what comprises a secondary dwelling; amend the Code to more clearly incorporate a policy clarifying what comprises a secondary dwelling; amend the Code definition of secondary dwelling to eliminate reference to "eating and cooking" facilities (any structure with bedrooms, full bathrooms, or living area to be a secondary dwelling...); amend the Code definition of a secondary dwelling to mean all structures with a full bath; amend the Code to limit the size of all "habitable" structures; amend the Code to clarify that the maximum size of a secondary dwelling includes any attached structure (other than the main residence); and emphasis on the secondary unit being subordinate to the main residence. Further discussion ensued with a difference in opinion regarding the possibility of limiting all secondary and accessory structures to 1,000 square feet or less. Planning Commission Minutes Approved 5/8/96 April 24, 1996 Page 8 Commissioner Schreiner's definition of the secondary dwelling was a habitable building with more than one main room and a full bathroom. Commissioner Cheng felt any accessory structure (other than a barn, a garage, greenhouse or cabana) should be limited to a maximum of 1,000 square feet on a one acre parcel. However, they should give special consideration for accessory structures on lots over two acres. The Planning Director will return with a written policy for review incorporating the Planning Commissioner's comments. It was felt that an ordinance change was not desirable at this time. 6.2 Fremont Hills Country Club water quality samples. The Planning Director introduced this item. According to the conditions of approval, the Country Club is required to submit water quality samples on January 30th and July 30th of each year. The results of the water quality samples were forwarded to the County Health Department for review. An April 11th letter from the County Health Department indicated that the levels of coliform were not provided, so they could not assess the level of pollution found in the creek. They suggested that in the future, the applicant should request that the "most probable numbers' of total coliform and fecal coliform be analyzed by the Health Department's lab. The Planning Director will convey this information to the County Club staff, and direct t that samples be drawn and tested at the end of May. Commissioner Stutz �r suggested taking samples from the area below the main parking lot and opposite the caretakers unit. 7. APPROVAL OF MINUTES 7.1 Approval of the April 10, 1996 minutes. PASSED BY CONSENSUS: To approve the April 10, 1996 minutes with minor changes to the wording. 8. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETINGS OF 8.1 LANDS OF JABBOUR,12800 Clausen Court; A request for a Site Development Permit for a landscape plan. Approved with conditions April 16, 1996. 8.2 LANDS OF LYNCH, 11655 Jessica Lane; A request for a Site Development Permit for a pool and spa. Approved with conditions April 16,1996. l7 Planning Commission Minutes Approved 5/8/% April 24,1996 Page 9 4r' 8.3 LANDS OF WARD, 11801 Francemont Drive; A request for a Site Development Permit for a landscape plan. Approved with conditions April 23,1996. 8.4 LANDS OF WARD, 11841 Francemont Drive; A request for a Site Development Permit for a landscape plan. Approved with conditions April 23,1996. 8.5 LANDS OF WARD, 11881 Francemont Drive; A request for a Site Development Permit for a landscape plan. Approved with conditions April 23,1996. Commissioner Stutz discussed some of the visible lighting around Town She felt it was important that the Environmental Design Committee also review the lighting plans. 9. ADJOURNMENT The meeting was adjourned by consensus at 9:35 p.m Respectfully submitted, LILorger Planning Secretary lei