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HomeMy WebLinkAbout04/12/2001Minutes of a Regular Meeting Approved 5110101 Town of Los Altos Hills PLANNING COMMISSION Thursday, April 12, 2001, 7:00 p.m. Council Chambers, 26379 Fremont Road cc: Cassettes (1) #5-01 ROLL CALL AND PLEDGE OF ALLEGIANCE The Planning Commission meeting was called to order at 7:00 p.m. in the Council Chambers at Town Hall. Present: Chairman Cottrell, Commissioners Vitu, Gottlieb, Wong & Clow Staff: Carl Cahill, Planning Director, Angelica Herrera, Assistant Planner, Matt Weintraub, Assistant Planner; Suzanne Davis, Acting Planning Secretary 2. PRESENTATIONS FROM THE FLOOR -None 3. PUBLIC HEARINGS 3.1 LANDS OF VAIDYANATHAN, 11910 Rhus Ridge Road (64 -01 -VAR); A request for a variance to allow an existing barn to encroach within the front yard setback. Commissioner Gottlieb asked what the Rhus Ridge right-of-way should be. Mr. Cahill answered 60 feet. She also asked if the Town has taken 60 feet further up the road. Mr. Cahill was unsure, but said he could check. Commissioner Gottlieb asked if the edge of pavement is also the right-of-way boundary. Mr. Cahill clarified that the barn is 35 feet from the edge of the road and 20 feet from the edge of the right-of-way. Commissioner Gottlieb asked if the roof will be changing and Mr. Cahill said he did not believe so, but the applicant could answer that question. Chairman Cottrell asked if the 60 foot easement for the right-of-way is in place and Mr. Cahill said yes. n Planning Commission Minutes Approved 5/10/01 April 12, 2001 Page 2 Commissioner Clow asked if the six foot wood fence that is in the right-of-way was constructed at the same time as the barn? Mr. Cahill said that there is no record of a permit for the fence in the Town files, so the fence was either constructed illegally or it was built years ago before permits were required for fences. Sheena Vaidyanathan, applicant, stated that the roof is relatively new (about three years old) and is fire resistant. The roof will not be changed. She did not have any information about the fence. It was in place when she purchased the property. Chairman Cottrell asked when she purchased the property and Ms. Vaidyanathan answered two years ago. Chairman Cottrell clarified that the existing improvements were all there when Ms. Vaidyanathan purchased the property. Commissioner Wong asked if the house is already constructed? Ms. Vaidyanathan said the remodel is in progress. CLOSED PUBLIC HEARING Commissioner Clow said both the barn and fence have a lot of old growth around them. If the fence were taken away it would probably look worse. It is better for the neighborhood to leave it there and rather than causing trouble for the neighbors or the applicant it should be left the way it is. Commissioner Gottlieb said the question is the change of use of the barn. There have been other cases in the Hills where an owner was not allowed to change the use of a barn when it encroached into a setback. She appreciates the conditions recommended by staff that the barn can't be rented, but approving the variance is not consistent with past actions. Commissioner Wong asked if staff could provide any other similar cases. Mr. Cahill said no, there was a barn that was permitted within 25 feet of a creek bank but that's as close as it gets. The barn is an illegal structure, not legal non-confotnting. There is some merit to granting a variance here and the Commission has a choice on this. Commissioner Vitu asked if a permit was issued in October for the house and the bam and Mr. Cahill answered yes. Commissioner Vito asked if the applicant had started the project and has invested money in it. Mr. Cahill said yes, that is the case. ibr Planning Commission Minutes Approved 5/10/01 April 12, 2001 Page 3 Commissioner Vito agreed with Commissioner Clow that the structure is there and isn't impacting anyone. It would cause more disturbance to remove it. She would be concerned about revoking the building permit after the Town issued one and there is no neighborhood objection. Chairman Cottrell said the Town really made an error here. The barn has been completely reframed inside and a lot of work has been done. He is inclined to support this given the conditions. MOTION SECONDED AND PASSED: Motion by Commissioner Vito to approve the variance with conditions and findings as recommended by staff. Commissioner Clow seconded. Commissioner Gottlieb said that on the variance findings she didn't think the statement should be made that there are other buildings within setbacks in the area (finding #2). She doesn't want tojustify a variance based on past mistakes. Mr. Cahill said that is part of the character of this particular area. Chairman Cottrell agreed with Commissioner Gottlieb that the sentence should be taken out. Commissioner Gottlieb asked about the fact that the Town issued a permit for the work. Mr. Cahill said that the Town has a right to stop a project if there are problems. Commissioners Vito and Clow agreed to delete the sentence from finding #2. Commissioner Gottlieb stated that the reason she can support the variance is because of the strong conditions placed on this by staff. AYES: Chairman Cottrell, Commissioners Vita, Gottlieb, Wong & Clow NOES: None This approval is subject to a 22 day appeal period. 3.2 LANDS OF ASKARINAM, 27830 Elena Road (209-00-ZP-SD); A request to place 2,410 cubic yards of fill on Parcels A and C (maximum depth 7 -ft.). Chairman Cottrell said he doesn't see where the drainage will go; it is unclear on the plans. Commissioner Gottlieb said it is unclear where the water will go once off the property, and asked if the fill has been inspected? She thought that only clean fill was allowed. Mr. Cahill said the material is not considered fill right now. The pile is spoils that needs to be mixed with dirt. Commissioner Wong asked if the composition of the fill is a concern and Mr. Cahill answered yes. kar Planning Commission Minutes Approved 5110101 April 12, 2001 Page 4 Commissioner Gottlieb said there are large chunks of concrete and she is concerned about how clean the spoils material is. She also noted that it is in close proximity to a drainage area. Mr. Cahill said he can't answer whether the fill is clean tonight. Commissioner Vita questioned the fill quantities noting that there are two different numbers provided. Mr. Cahill said that the 2,410 cubic yards has been stated to be the correct figure by the applicant. Simply stating a quantity is not an approval. The re -contouring also needs to be shown on the plans. As stated in the staff report, the fill quantity requires Planning Commission approval. Commissioner Vitu asked if the reason for the fill is because the spoils were left from an earlier project? Mr. Cahill said that part of it is from the lift station project that is being done for a number of properties. The fill will be required to be engineered. Commissioner Gottlieb clarified that there is seven feet of fill, and said that it is creating a flat lot. Chairman Cottrell said they are filling in a swale. OPENED PUBLIC HEARING t Bruce Askarinam, 27830 Elena Road, stated that the piles of material containing concrete would be removed and would not be used as fill. He explained that in September 2000 plans were submitted to the Town for approval. Approximately 3'/x miles of pipeline for the lifts station was installed. About 15 families were organized to bring in sewer that will also serve the new subdivision. He then submitted plans showing how the excavated material could be used and received approval from Engineering. He then submitted an application for a grading permit so the excavated material would not have to be hauled away. The plan that was approved by Jeff Peterson shows the proposed re -contouring. Drainage was also approved with this plan. The neighbor's drainage issue will be addressed by this project. The local drainage will be left. An I8 -inch pipeline will connect to the existing storm drain. Mr. Askatinam pointed out that even though the project has caused a lot of disruption to the neighborhood, there are no neighbors here protesting. This is because he has made improvements to the area such as the installation of the sewer and a new gas main and line and is improving drainage problems. He read two letters supporting his request (one of the letters is signed by three neighbors). He said he thought he had a plan approved. Commissioner Gottlieb asked how the retaining wall will be aligned. Mr. Cahill said the fill will be taper down and there shouldn't be a need for a retaining wall. Mr. Askarinam said he will not have any walls. in Planning Commission Minutes Approved 5110101 April 12, 2001 Page 5 oftr Commissioner Wong asked if the project is to prevent a drainage problem on Lot 2. Mr. Askarinam said it will not have any impact on drainage whatsoever. Mr. Cahill clarified that the previous engineer apparently told the applicant to show prior grading as existing on the plans. The assumption was that the work had been done, but the Town found out later that it had not been done yet. Chairman Cottrell said the plan is not clear as to whether the re -contouring that is show is proposed or existing. Commissioner Clow said it will look more natural with the re -contouring. Commissioner Gottlieb is concerned that drainage will be pushed closer to the neighbor. Commissioner Wong said that the slope will be more shallow with the proposed grading and it might help slow down run-off. Commissioner Gottlieb asked if the development area number will increase due to the proposed grading and if the height of any new structures would be measured from the existing grade? Mr. Cahill said the MDA and MFA numbers approved with the subdivision should be used, and the height should be measured from the existing grade. CLOSED PUBLIC HEARING Commissioner Wong said he thought the grading makes sense from an aesthetic and drainage point of view. It will make the slope gentler and more smooth. The applicant needs to quantify that clean fill will be used. Commissioner Vitu said she can understand how there was some confusion. She agreed with Commissioner Wong that the grading is appropriate. She is impressed that the applicant has done improvements and has benefited the neighborhood. Commissioner Gottlieb asked how to make sure that the height of the future house is measured from the natural grade? Mr. Cahill said that grading will be required to be shown as proposed, not existing, and that sections would show natural and proposed grades. He said a restriction could be recorded on the property so any future buyer is aware of this constraint. Commissioner Gottlieb also expressed concerned about a drainage impact to neighbors. Mr. Cahill said that site specific drainage plans will be required with individual site development plans. There are some checks in the process. Commissioner Clow said the look of the land will be natural and will be aesthetically better. This whole thing is being done to install sewer for the neighborhood and there is no 6 neighborhood objection Planning Commission Minutes Approved 5/10/01 April 12, 2001 Page 6 Chairman Cottrell said he is impressed that the applicant has met all of the requirements of the Town. Professional engineers have reviewed the plans. He is also impressed that there are no objections from the neighbors. MOTION SECONDED AND PASSED: Motion by Commissioner Wong to approve the grading subject to the recommended conditions, with an added condition of requiring a disclosure statement. Commissioner Clow seconded. AYES: Chairman Cottrell, Commissioners Wong, Clow & Vitu NOES: Commissioner Gottlieb This approval is subject to a 22 day appeal period. OLD BUSINESS 4.1 Report from subcommittees -None Chairman Cottrell noted at the combined meeting with the City Council the Commission was handed a number of items to be addressed. He handed out a list he compiled to the Commission and would like to agendize it for future discussion. Mr. Cahill said the best way to handle this is to hire a consultant to do a comprehensive ordinance update. The consultant could manage a package of ordinance changes. Chairman Cottrell said the Commission needs to do its homework first. Commissioner Gottlieb said we need to have a concept or vision of what they Town wants; look at the big picture. Commissioner Clow agreed with Commissioner Gottlieb. There is a need for ordinances to be consistent and we don't want patchwork. The ordinances need to be more readable for homeowners and it makes it better for staff. Commissioner Vita said the key element is the information we will be getting from the Community Survey. Mr. Cahill said that the survey results should be ready for the April 19 meeting of the LUF Committee and if not that date, by the next Commission meeting. The Commission agreed that the survey results will be important. Commissioner Gottlieb suggested having neighborhood meetings so people can ask questions and get information. 5.1 Discussion - "should carports count as floor area?" Commissioner Vita said that carports should count as floor area. Chairman Cottrell said that the Commission has discussed having two -car garages as a mandatory requirement. Mr. Cahill stated that it is difficult to enforce illegal conversions of carports to garages. r' Planning Commission Minutes Approved 5110101 April 12, 2001 Page 7 MOTION SECONDED AND PASSED: Motion by Commissioner Gottlieb to make a recommendation to the Council for an ordinance amendment that will require carports to be counted as floor area. Commissioner Vitu seconded. AYES: Chairman Cottrell, Commissioners Wong, Clow, Vito & Gottlieb NOES: None 5.2 Discussion - "should increases in height be allowed provided that greater setbacks are required?' Commissioner Gottlieb and Chairman Cottrell both thought the Commission should study this issue. Mr. Cahill said this issue could be included with the comprehensive Zoning Ordinance update. He suggested bringing the matter back for discussion at the next meeting, and formulating a recommendation on the Zoning Ordinance update either before or after the Land Use Element update and following the Community Survey. 6. REPORT FROM THE CITY COUNCIL MEETING 6.1 Planning Commission Representative for March 15th Commissioner Gottlieb noted that the Council decided that the path on Page Mill Road can be moved if the property owners (Logan) are willing to pay for it. 4 6.2 Planning Commission Representative for April 5`h Commissioner Wong gave a brief summary of the meeting. 6.3 Planning Commission Representative for April 19ih Commissioner Cottrell APPROVAL OF MINUTES 7.1 Approval of February 28, 2001 minutes PASSED BY CONSENSUS: To approve the February 28, 2001 minutes with the deletion of the wording about the house being in the same location as the old house (this is not a correct statement) in the second sentence on page 2. REPORT FROM FAST TRACK MEETING -MARCH 13 20, 27, AND APRIL 10, 2001 8.1 LANDS OF OSKOUY, 24143 Hillview Avenue (229-00-ZP-SD); A request for a Site Development Permit for a new residence, and a secondary dwelling unit. Approved with conditions March 13, 2001. 8.2 LANDS OF YANEZ, 28025 Natoma Road (290-00-ZP-SD-GD); A request for a Site Development Permit for a new residence and pool. Approved with conditions March 13, 2001. Planning Commission Minutes April 12, 2001 Page 8 Approved 5110101 8.3 LANDS OF KNEIP & KUNG, 23516 Fernhill Drive (287-00-ZP-SD-GD); A request for a Site Development Permit for an addition including a second story addition. Approved with conditions March 27, 2001. 8.4 LANDS OF SANDLIN, 25720 Carado Court (271-00-ZP-SD-GD); A request for a Site Development Permit for a new residence and a secondary dwelling unit. Will be referred to the Planning Commission due to grading issues. 8.5 LANDS OF PRATr, 2300 Page Mill Road (47-01-ZP-SD); A request for a Site Development Permit for the conversion of an accessory structure into a secondary dwelling unit. Approved with conditions April 10, 2001. Commissioner Gottlieb asked if a path was required on item 8.1? Mr. Cahill said that the recommendations of the Pathway Committee are always followed, so if one had been requested, it was required as a condition. REPORT FROM SITE DEVELOPMENT MEETING—MARCH 6. 13, 20, 27, & APRIL 3 & 10, 2001 9.1 LANDS OF ASTIZ, 13901 Edith Avenue (35-01-ZP-SD); A request for a Site Development Permit for a fence, gate and landscape screening plan. Approved with conditions March 6, 2001. 9.2 LANDS OF MCCARTHY & SMITH, 14575 De Bell Road (250-00-ZP-SD); A request for a Site Development Permit for a minor addition to an existing residence and relocation of the driveway. Approved with conditions March 13, 2001. 9.3 LANDS OF WEYL, 27900 Roble Blanco Court (1-01-ZP-SD); A request for a Site Development Permit for hardscape improvements and pool replacement. Approved with conditions March 13, 2001. 9.4 LANDS OF SCHONBERG, 12386 Melody Lane (306-00-ZP-SD); A request for a Site Development Permit for a pool and shed. Approved with conditions March 20, 2001. 9.5 LANDS OF 7ENSEN, 26225 Purissima Road (53-01-ZP-SD-VAR); A request for a Site Development Permit for solar panels and a variance to encroach into the side yard setback. Approved with conditions March 20, 2001. 9.6 LANDS OF VEERINA, 25665 O'Keefe Lane (304-00-ZP-SD); A request for a Site Development Permit for a new driveway. Approved with conditions March 27, 2001. t Planning Commission Minutes April 12, 2001 Page 9 Approved 5110101 9.7 LANDS OF KUMAR, 11972 Rhus Ridge Road, (32-01-ZP-SD); A request for a Site Development Permit for a landscape screening plan. Approved with conditions April 3, 2001. 9.8 LANDS OF GAGNARD, 12020 Kate Drive (39-01-ZP-SD); A request for a Site Development Permit for a landscape screening plan and hardscape improvements. Approved with conditions April 3, 2001. 9.9 LANDS OF KATSAROS, 12900 Atherton Court (33-01-ZP-SD); A request for a Site Development Permit for a minor addition to an existing residence. Approved with conditions April 10, 2001. Chairman Cottrell noted that the Community Relations Committee is having a reception on May 6 at the Fenwick's house. Commissioners need to RSVP to Pat Dowd. 10. ADJOURNMENT The meeting was adjourned by consensus at 8:32 p.m. Respectfully submitted, Suzan Davis �ik0L. Acting Planning Secretary