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HomeMy WebLinkAbout03/10/1999Minutes of a Regular Meeting Appwo ed 3/24/99 Town of Los Altos Hills PLANNING COMMISSION Wednesday, March 10, 1999, 7:00 p.m. Council Chambers, 26379 Fremont Road cc: Cassettes (2) #3-99 ROLL CALL AND PLEDGE OF ALLEGIANCE The Planning Commission meeting was called to order at 7:03 p.m. in the Council Chambers at Town Hall. Present: Chairman Cheng, Commissioners Gottlieb, Jinkerson, Cottrell & Schreiner Staff: Curtis Williams, Planning Director; Ola Balogun, Associate Engineer; Lam Smith, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR -None 40 3. PUBLIC HEARINGS 3.1 LANDS OF DEPUY, 14525 Miranda Road (196-98-ZP-SD-GD); A request for a Site Development Permit for a 2,241 square foot addition with a maximum height of 21 feet. The Planning Director introduced this item noting the receipt of a letter from Leslie Stowe who expressed concerns regarding privacy, views, and property value. Mrs. Stowe had invited the Commissioners to view the project from her site. The Commissioners disclosed that they had either spoken to Mrs. Stowe and/or visited her site. OPENED PUBLIC HEARING John Barton, 359 De Leon Avenue, Fremont, project architect, described the current structure and the need for additional bedroom space. The carport will be replaced with a garage and a 600 square foot second story. The four car garage has been designed with only two of the four doors facing the street. The garage will also provide needed storage area. He further addressed the neighbor's concern regarding privacy noting the upper windows are over 6 feet high and the balcony which is carved into the roof has high side walls so there should not be a privacy problem for the neighbor. Planning Commission Minutes Approved 3/24/99 March 10, 1999 Page 2 Commissioner Schreiner stated that the applicant had expressed concern regarding the fire department's requirement for fire sprinklers throughout the entire house and Mrs. DePuy had discussed alternate solutions with Wayne Hokanson. Judy DePuy, 14525 Miranda Road, applicant, stated she had spoken to Wayne Hokanson who has waived the entire requirement for sprinkling throughout the residence after pressure testing the hydrant and verifying there was adequate pressure. He will provide a letter to staff stating his findings. She also noted she had spoken to her neighbor regarding existing and additional landscaping alone the property line as well as extending the fence in the same location. She further discussed the drainage easement. During their landscaping project two years ago, they installed a French drain which brings the water all the way to the street and to the storm sewer which has helped with the neighbor's drainage. The Planning Director suggested adding wording to Condition #2 stating planting shall be maintained outside of the drainage easement. Diane Bamager, Pathways Committee, recommended the construction of a Type lID path separated from the roadway by 5 feet with plantings in the strip between the road and the path. The reason for the request for a separation between the pathway and road is so the road does not become another parking area. t Commissioner Gottlieb felt it would help if the pathway were a little more onto the property due to the existing erosion. Mrs. DePuy stated at the time they finished their landscaping they put in the path, trying to match it with the other straight neighborhood paths. The erosion was due to using a new path material which did not work well. CLOSED PUBLIC HEARING Commissioner Cottrell felt the proposal was reasonable and met Town requirements. He was in agreement with the pathway location which matches the others. Commissioner Gottlieb felt the applicants have done a good job with the design. They could have proposed a higher house, and they have helped the neighbor with screening. Commissioner Schreiner would like more landscaping on the Stowe property side, and to keep the fire departments requirements until staff has been notified of the changes. She felt the Pathways Committee and staff could solve the location and drainage (erosion) issues. MOTION SECONDED AND PASSED: Motion by Commissioner Jinkerson and seconded by Commissioner Cottrell to approve the Site Development Permit for a major addition and remodel, Lands of DePuy, with the following additions/changes to the conditions of approval: add to Condition #2, that additional screening and/or fencing shall be provided along the north property line; trees and large shrubs shall not be located within the drainage easement; add to Condition #8, second sentence, "unless determined to be impractical by the staff, in consultation kiw with the applicants and Pathways Committee". Planning Commission Minutes Approved 3/24199 March 10, 1999 Page 3 AYES: Chairman Cheng, Commissioners Gottlieb, Cottrell, Schreiner &Jinkerson NOES: None This approval is subject to a 21 day appeal period. 3.2 LANDS OF LYONS & WIESLER, 15833 Stonebrook Drive (231-98-ZP-SD- VAR); A request for a Site Development Permit for a 770 square foot accessory structure, and a variance to encroach into the front setback and to exceed the maximum floor area. The Planning Director introduced this item. Condition #1 has been revised as the applicant did not count the driveway for the second unit in the development area calculations The driveway will raise their development area above the maximum for the property by approximately 798 square feet. Also, the applicant proposes to abandon 10 feet of the existing 30 foot half -street right of way, which is adequate to serve the two lots. Other lots on this access road have only 20 feet of dedicated half -street right of way. The 10 foot abandonment of existing half -street right of way will decrease the amount of structure encroaching into the front setbacks, although a variance is still needed. The applicants are aware that the site development permit for the new structure and variance is contingent on the City Council approval of the abandonment of 10 feet of the existing 30 foot half -street right of way and, if the abandonment is not approved, the site 4 development permit is not valid. Discussion ensued regarding the encroachment, annexation at the time of the Vidovich subdivision, the proposed 14 foot encroachment, the standard 40 foot road right of way policy, the problem with the new driveway, cut and fill for the retaining wall, the driveway easement to the Train property, abandonment proceedings, and a garage versus a carport. It was clarified that the road originally was dedicated for public use, not for public acceptance and maintenance. OPENED PUBLIC HEARING Bruce McLeon, 1110 Burlingame, Burlingame, project architect, stated that the structure will act as the new retaining wall. The project was originally submitted with the contention that the roadway did not exist. It was the opinion of Jeff Trant that the original platting of Stonebrook Drive was done so long ago and the conditions of that platting were such that the roadway technically expired in 1994 with the passing of 100 years without any formal acceptance by either the County or the Town. He further stated that they were lead to believe by staff that if the driveway was not paved (pervious material), it would not count as development area. He Planning Commission Minutes Approved 3124/99 March 10, 1999 Page 4 `. believed that without the road dedication, the floor and development areas would be in compliance by using the larger lot size. By agreeing to dedicate the 20 feet was a way to try to find some closure and proceed with the project instead of going through a long, drawn out legal process. Another misconception was that they could run the driveway from the second unit garage directly to the existing private road. Because the existing private road currently services three residences which is more than it would be allowed to serve normally, adding this additional residence was deemed not possible. He referred to his letter which he had provided to the Commission. They asked for a variance basically because they felt this roadway will not be used and the Town will not likely use it as a public road. The current situation is acceptable with all the neighbors. The Planning Director stated that it is the Town's position that this is a 40 foot wide (20 feet on this property and 20 feet on Quarry Hills) existing right of way, public or private. There is a process for abandonment, if the applicants want to go through the process, then dedicate whatever driveway easement is necessary. Staff was comfortable to present to the Council the reduction from 30 feet to 20 feet. Bob Stutz, Fire Commission, asked if this was a fire access road. The Planning Director responded no. CLOSED PUBLIC HEARING ` Commissioner Gottlieb suggested a redesign as the secondary unit is not subordinate to the main residence and it is located within the setback. She referred to the Orchard Hill secondary unit approval as the Commission requested that the secondary unit be tied to the main residence. She cannot support either variance requests. Also, she felt the project would work better without the attached garage. Commissioner 7inkerson discussed the abandonment of the roadway, and the proper alignment of the driveway (not more than 14 feet wide) which should correct any setback problems. Abandonment would benefit the applicants providing them more development and floor area numbers. It was agreed that the abandonment should have been accomplished prior to Commission review. He was concerned with the front structure not being subordinate to the main residence. He would like the applicants to work with the architect to make it less obtrusive. This request is consistent with other projects. He also preferred secondary structures without a garage. Commissioner Cottrell was also prepared to accept staff recommendations, however after hearing the variables he would prefer the abandonment of the roadway. After that, a new plan can be submitted which meets the Town requirements without the need for variances. Commissioner Schreiner noted that it appeared there is a recommendation not to allow the additional floor area and there is doubt that there is sufficient development area for the proposal. She would like to see the secondary unit less obtrusive, without encroachments. It was noted that a variance would still be needed for a parking space even with the deletion of the garage. NJ Planning Commission Minutes Approved 3/24/99 March 10, 1999 Page 5 Chairman Cheng was concerned with exceeding the maximum floor and development area figures. She was not concerned with the location of this small structure. The Planning Director suggested a two week continuance so the applicant can review the possibility of abandonment and on a redesign addressing the variance issues. The Commission is not involved with the abandonment process. Staff is not opposed to the abandonment as long as there is the appropriate 25 foot easement to the Trant property. The architect and applicant were agreeable to the recommendation of a continuance. MOTION SECONDED AND PASSED: Motion by Commissioner Jinkerson and seconded by Commissioner Schreiner to continue the request for a Site Development Permit and Variance for an accessory structure/second unit, Lands of Lyons & Wieder, until March 24, 1999, to address the concerns expressed by the Commission regarding, reviewing the abandonment of the roadway, eliminating variance requests, and a redesign of the secondary dwelling (subordinate to the main residence). AYES: Chairman Cheng, Commissioners Schreiner, Gottlieb, Cottrell & Jinkerson NOES: None 3.3 LANDS OF NEXTEL COMMUNICATIONS, INC. (LANDS OF CALIFORNIA DEPARTMENT OF TRANSPORTATION) 2350 Page Mill Road (213-98-ZPSD-CUP); A request for a Site Development Permit and Conditional Use Permit for the installation of telecommunication equipment (two 15 foot high "tree" pole antennas and equipment shelter) on an existing maintenance yard site. The Planning Director reviewed the following: the Conditional Use Permit and the environmental issues regarding the installation; the conditions of approval, in particular, Condition #4 regarding the arborist report; and the use of a color to blend in with the other trees, providing staff with a color sample. Commissioner Gottlieb asked if other shrubs and trees can be planted in the area for screening purposes. Commissioner Schreiner questioned the proliferation of the sites (emission rates) which was answered by the Planning Director. Commissioner Cottrell asked if two 6 foot poles would look better than two 15 foot tree poles. OPENED PUBLIC HEARING Heinz Lumpp, Nextel Communications, stated that they are trying to blend the antennas into the surrounding area. They need the 15 foot height. He was not opposed to adding trees and other shrubs at the bottom of the tree poles. He further discussed emission rates stating they hire an independent contractor for the study. They are way below the minimum rates allowed. He provided the Commission with a map indicating where current and proposed sites are located. Currently, there is not a need for more sites. He did note that tree poles weather very well (low maintenance). `, CLOSED PUBLIC HEARING Planning Commission Minutes Approved 324/99 March 10, 1999 Page 6 4 MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Cottrell to recommend to the City Council approval of the requested Site Development and Conditional Use Permits, subject to the conditions of approval (Exhibit A), and citing the findings (Exhibit B), and recommend adoption of the of the Negative Declaration,(Lands of California Department of Transportation) Nextel Communications, with the following additions to the conditions of approval: sample color to be reviewed by staff and the Planning Commission; and shrubs (native) shall be planted around the tree poles. AYES: Chairman Cheng, Commissioners Gottlieb, Jinkerson, Cottrell & Schreiner NOES: None This item will be scheduled for a City Council agenda in April, 1999. 4. OLD BUSINESS 4.1 Report from subcommittees. Commissioner Gottlieb reported a Pathway walk will be included in the Family Picnic scheduled for May 23, 1999. 4.2 Update Regarding Fast -Track Process was discussed by the Planning Director. 5. NEW BUSINESS None 6. REPORT FROM THE CITY COUNCIL MEETING 6.1 Planning Commission Representative for February 18i°. Commissioner Schreiner reported on the following items: interviews and appointment to the Planning Commission; acceptance of private roads to public; status of ownership of Dezahara Drive; goals and objectives; establishment of Utility and Information Systems Committee; April Council meeting schedule; and Lands of Denny two lot subdivision. 6.2 Planning Commission representative for March 4th. Commissioner Schreiner reported on the following items: appointment to Pathways Committee; presentation by Sheriff Laurie Smith; resident input on Sun Country Cable; Lands of Srinivasan; Lands of Wu & Chen; and Lands of Jain. 6.3 Planning Commission Representative for March 18`h - Commissioner Gottlieb Planning Commission Minutes Approved 3/24/99 March 10, 1999 Page 7 7. APPROVAL OF MINUTES 7.1 Approval of the January 13, 1999 minutes PASSED BY CONSENSUS: To approve the January 13, 1999 minutes with Commissioners Cottrell and Jinkerson abstaining. 7.2 Approval of the February 10, 1999 minutes PASSED BY CONSENSUS: To approve the February 10, 1999 minutes with Commissioner Cottrell abstaining. 8. REPORT FROM SITE DEVELOPMENT HEARINGS -None 9. ADJOURNMENT The meeting was adjourned by consensus at 9:35 p. m. Respectfully submitted, Lani Smith Planning Secretary