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HomeMy WebLinkAbout02/25/1998Minutes of a Regular Meeting Approved 3/11/98 Town of Los Altos Hills PLANNING COMMISSION Wednesday, February 25, 1998, 7:00 p.m. Council Chambers, 26379 Fremont Road cc: Cassettes (2) #4-98 ROLL CALL AND PLEDGE OF ALLEGIANCE The Planning Commission meeting was called to order at 7:08 p.m. in the Council Chambers at Town Hall. Present: Chairman Gottlieb, Commissioners Schreiner, Cheng & Jinkerson Absent: Commissioner Aurelio Staff: Curtis Williams, Planning Director; Sheryl Proft, Assistant Engineer; Suzanne Davis, Planner; Lani Lonberger, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR -None 3. PUBLIC HEARINGS 3.1 LANDS OF CONGREGATION BETH AM, 26790 Arastradem Road (189-97- ZP-SD-CUP-ND); Proposed Conditional Use Permit and Site Development Permit for the construction of a 7,050 square foot multipurpose building, additions of 4,225 square feet of classroom and administrative buildings, and 142 new parking spaces, to an existing religious facility; and Proposed Negative Declaration (continued from February 11, 1998). The Planning Director introduced this item noting the receipt of letters from Congregation Beth Am, and from Mr. and Mrs. Buzbee Harding. Copies were provided to the Commission for their review. The assistant engineer provided a memo regarding a letter received from the applicant's engineer concerning the proposed detention basin design option. He informed the assistant engineer that they have been in contact with the neighboring properties concerning the possibility of improving the existing drainage channel and to obtain private storm drain easements over the channel for future maintenance. Two of the neighboring properties were not willing to grant an easement at this time. Since it appears that the detention basin (grass lined) is likely the only way for Congregation Beth Am to address the additional runoff that will be generated on the project site, the assistant engineer provided recommendations for Beth Am as well as revisions to L Site Development conditions #14a and 14b, and Conditional Use Permit condition #13.. 4 Planning Commission Minutes February 25, 1998 Page 2 OPENED PUBLIC HEARING Approved 3/11/98 Ric Rudman, Facilities Committee Chairman, Congregation Beth Am, summarized the letter from Beth Am regarding drainage issues. Due to the stalemate that exists over the easement issue, they suggested the following: (1) the applicant will commit to building the detention pond, as approved by the City Engineer, on their property; and (2) with the permission of each of the three neighbors, they will clean out the existing drainage channel on their property. The channel will be cleaned at their expense prior to the construction of the multipurpose center. Scott Schork, project engineer with Brian Kangas Foulk, described the proposed detention basin, in particular, how the design relates to the Buzbee Harding property. He further discussed the safety of the pond, a one time cleaning of the Buzbee Harding pipe, and the maintenance of the basin. Katie Buzbee Harding, 27201 Fremont Road, discussed her letters dated February 20'" and 2e noting a history of drainage problems and the 30 inch pipe. She was also concerned with attracting mosquitoes in the detention basin. The Planning Director suggested added wording to the conditions of approval for mosquito abatement measures without the use of any harmful chemicals. Francis Liu, 27241 Fremont Road, asked if there were any future plans to expand and/or maintain the drainage opening at the corner of Arastradem Road and Fremont Road. The assistant engineer stated the Town has no plans to increase that opening. Ted Ansel, 26744 Arastradem Road, Mrs. Freeman's tenant and representative, questioned the detention pond. The Planning Director noted the best drainage solution would be to upgrade the entre creek down to Fremont Road which would take the permission of the property owners, including Mrs. Freeman. This would require drainage easements over the area so it could continue to absorb water from the Congregation Beth Am site. The detention basin is the next option. Mr. Ansel noted that he has lived on the property for a many years, and water has never back flowed onto the Buzbee Harding property. He has not experienced any drainage problems on Mrs. Freeman's property. Regarding the easement request, he stated Mrs. Freeman was opposed to easements. CLOSED PUBLIC HEARING Commissioner Cheng felt their only drainage choice was the detention pond. Commissioner Schreiner did not feel this was the best solution, however, if easements cannot be obtained, there is no other recourse. She would like to make certain that it is kept clean with a maintenance agreement. She asked if a fence is needed around the pond. The assistant engineer responded no, although the project engineer has recommended a barrier between the traffic and the basin for safety. 4 Planning Commission Minutes Approved 3/11/98 February 25, 1998 Page 3 CONSENSUS: the detention basin was the only available solution. Further discussion ensued regarding the following: conditions #4, and the meaning of meetings of non-profit community groups (i.e. AA) and an occasional fund raiser; condition 98 on page 8, regarding the gate, recommending the granting of the gate at the discretion of the property owner. There were no changes made to the Negative Declaration. MOTION SECONDED AND PASSED: Motion by CommissionerJinkerson and seconded by Commissioner Schreiner to recommend to the City Council approval of the Conditional Use Permit with findings; approval of the Site Development Permit; and adoption of the Negative Declaration, Lands of Congregation Beth Am, with the following additions/changes to the conditions of approval: Site Development conditions of approval - delete 920; add #14a and 14b as recommended by the assistant engineer; Conditional Use conditions of approval - revised 913 as recommended by the assistant engineer; and add wording to include for mosquito abatement measures without the use of any harmful chemicals. AYES: Chairman Gottlieb, Commissioners Cheng, Schreiner & Jinkerson NOES: None ABSENT: Commissioner Aurelio kiv This item will be scheduled for a City Council public hearing March 18, 1998. 3.2 LANDS OF PRIME HOME DEVELOPMENT, 12129 Oak Park Court (lot 8b) (111-97-ZP-SD-GD-VAR); A request for a Site Development Permit for a new residence, pool and sport court, and a variance to allow grading within 10 feet of a property line (continued from September 10, 1997). Staff had nothing further to add to the staff report. The Commission reviewed the previous design with the current proposed design. OPENED PUBLIC HEARING Ervin Von Haws, 2067 Colusa Avenue, San Jose, project designer, reviewed the changes made which included the garage entries, breaking up of the stucco exterior, nesting of the second story, deletion of the wing walls and carriage lanterns, and lowering of the front entry. The variance request is only for corrective grading to return the contours to the grades approved with the subdivision and would not constitute a special privilege for the applicants. Commissioner Schreiner liked the changes made to the design although she was concerned with the closeness of the four houses as she would like to see enough room between them for landscaping. Mr. Haws responded that in order to keep the driveway length short, they have positioned the house as far to the left as possible in order to leave the rest of the site vacant for a Planning Commission Minutes Approved 3/11/98 February 25, 1998 Page 4 4 pool and landscaping. For this reason, he would rather leave the house were it is. Staff noted the project on Lot 8a will be pushed back. Commissioner Schreiner asked that staff be aware of their concerns when Lot 8c comes in for development (avoid houses lining up in a row). Mr. Haws noted that because the houses are at the end of a cul-de-sac you will not have a straight line of a street; you will have houses grouped around the end of the street. He felt there will be enough variation. CLOSED PUBLIC HEARING MOTION SECONDED AND PASSED: Motion by Commissioner Jinkerson and seconded by Commissioner Cheng to approve the Site Development Permit for a new residence and pool, and a variance to allow grading within 10 feet of a property line, Lands of Prime Home Development, with the recommended conditions of approval, and the recommended findings for a variance. AYES: Chairman Gottlieb, Commissioners Schreiner, Cheng & Jinkerson NOES: None ABSENT: Commissioner Aurelio This item will appear on the City Council consent calendar March 18, 1998. 4W 3.3 LANDS OF LOUGHMILLER, 25309 La Loma Drive (89-97-ZP-SD-GD-LM- VAR); Pre -zoning of a 1.22 acre parcel in Santa Clam County that is to be annexed into the Town. Staff had nothing further to add to the staff report. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Jinkerson to forward the request to pre -zone the property R -A (residential - agricultural) to the City Council with a recommendation for approval, Lands of Loughmiller. AYES: Chairman Gottlieb, Commissioners Cheng, Schreiner & Jinkerson NOES: None ABSENT: Commissioner Aurelio This item will be scheduled for a City Council public hearing on Much 18, 1998. LA Planning Commission Minutes February 25, 1998 Page 5 Approved 3/11/98 40 3.4 LANDS OF DORRIAN, 13113 Byrd Lane (4-98-ZP-SD-VAR); A request for a variance to allow a storage shed to encroach into the required 30 foot rear yard setback. Staff had nothing further to add to the staff report. OPENED PUBLIC HEARING David Fox, 230 Almendra Avenue, Los Gatos, project landscape architect, provided a site plan indicating the setbacks and easements covering 60% of the site, and photographs taken from the adjacent property showing the view of the shed. They are proposing landscaping to screen the shed and the tennis court. Jim Dornan, 13113 Byrd Lane, applicant, felt this was a simple request for safety and security. Due to the easements and setbacks, there is a large part of his properly which cannot be used. He has looked at other options, however the shed will provide a place to store equipment, fertilizers, and chemicals away from his children. Michael Schoendorf, 13145 Byrd Lane, reiterated his letter of February 18, 1998. He further discussed easements, the location of the shed, and the dangerous location in relationship to his 4 property. He asked the Commission to uphold the ordinances. CLOSED PUBLIC HEARING Commissioner Schreiner stated even though the lot is constrained, there is almost two acres. There are considerable amenities that were chosen by the applicant. This is a land use issue. Setbacks are one of the main tools they have for keeping openness and privacy. She concurred with the findings recommended by staff. She suggested adding an area on to the garage with a separate access. Commissioner Cheng could not support this variance even though the shed is very small. Commissioner Jinkerson felt with the size of the lot, the shed should be able to go somewhere on the property outside the setbacks. Chairman Gottlieb agreed. MOTION SECONDED AND PASSED: Motion by Commissioner Jinkerson and seconded by Commissioner Cheng to deny the requested variance, citing the findings outlined in Exhibit A of the staff report, Lands of Dorrian. AYES: Chairman Gottlieb, Commissioners Schreiner, Jinkerson & Cheng NOES: None ABSENT: Commissioner Aurelio The Planning Director explained the appeal process. Planning Commission Minutes Approved 3/11/98 February 25, 1998 Page 6 4 4. OLD BUSINESS 4.1 Report from subcommittees -none 5. NEW BUSINESS The Planning Director provided a memo regarding the "Summary of February 10`" Joint Study Session" asking for review and/or any additions or corrections. He further commented that at the end of the study session, it was suggested that a follow-up joint meeting could be scheduled for April 29', which is the next fifth Wednesday of a month. He will provide a schedule of items for the next agenda. 6. REPORT FROM THE CITY COUNCIL MEETING 6.1 Planning Commission Representative for February 18, 1998, Commissioner Schreiner reported on the following items: Lands of Wilson; Lands of Malek; study report on fiscal reserve policy; approval of site development permits for new residences and pools and variances to allow grading over property lines at 13826 and 13824 Moon Lane, Lands of Wythe & Vitu; presentation by General Plan Consultant of an outline and overview of the Circulation Element; request for a Site Development Permit for a new residence, Lands of Jain; and discussion of the proposed Housing Element of the Town's General Plan and adoption of 40 proposed Negative Declaration. 6.2 Planning Commission Representative for March 4,1998- Gottlieb 7. APPROVAL OF MINUTES 7.1 Approval of the February 11, 1998 minutes PASSED BY CONSENSUS: To approve the February 1 P" minutes with additional wording to paragraph one, page 7. 8. REPORT FROM THE SITE DEVELOPMENT HEARINGS -FEBRUARY 17 AND 24 1998 8.1 LANDS OF GERENA & ROACH, 24020 Oak Knoll Circle (119-97-ZP-SD); A request for a Site Development Permit for a revised grading plan. Approved with conditions February 17, 1998. The Commission requested this item be continued to the following meeting to review the conditions of approval. 8.2 LANDS OF HSIAO, 13001 La Cresta Drive (12-98-ZP-SD); A request for a Site Development Permit for a fence, hardscape, lighting and a landscape plan. Approved with conditions February 17, 1998. Planning Commission Minutes February 25, 1998 Page 7 Approved 3/11/98 8.3 LANDS OF BUCHANAN, 25525 Bledsoe Court (14-98-ZP-SD); A request for a Site Development Permit for a pavilion, fence, hardscape, lighting and a landscape plan. Approved with conditions February 17, 1998. 8.4 LANDS OF SLATER, 25765 Bassett Lane (141-97-ZP-SD); A request for a Site Development Permit for a revised driveway access. Approved with conditions February 24, 1998. 9. ADJOURNMENT The meeting was adjourned by consensus at 9:30 p.m. [Respectfully submitted, Lam Lonberger Planning Secretary kw