Loading...
HomeMy WebLinkAbout09/27/2001Y L Minutes of a Regular Meeting Approved 10/11/01 Town of Los Altos Hills PLANNING COMMISSION Thursday, September 27, 2001, 7:00 p.m. Council Chambers, 26379 Fremont Road cc: Cassettes (2) #14-01 1. ROLL CALL AND PLEDGE OF ALLEGIANCE The Planning Commission regular meeting was called to order at 7:00 p.m. in the Council Chambers at Town Hall. Present: Chairman Wong, Commissioners Gottlieb, Cottrell, Vitu & Clow Staff: Carl Cahill, Planning Director; Angelica Herrera, Assistant Planner; Matt Weintraub, Assistant Planner; Lam Smith, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR -none 7r 3. PUBLIC HEARINGS 3.1 LANDS OF PERLOFF, 25601 Chapin Road (57 -01 -VAR); A request for a variance for a trellis to encroach into the side setback. Ms. Herrera introduced this item noting it had been in front of the Commission previously. At that time, the applicant could not attend the meeting and he did not feel he was presented adequately, thus initiating a new variance application. She noted the addition of a condition of approval requiring a fine to be imposed due to trellis structure built without permits. Commissioner Vitu disclosed she has visited the site and walked the ramp. OPENED PUBLIC HEARING David Perloff, 25601 Chapin Road, applicants, discussed the variance findings, stating only #1 was a problem as the trellis could not be relocated out of the setback. He provided diagrams of the area, in particular, the ramps. The purpose of the trellis is to provide a shaded area which included a turn area (90° tum). If they were to relocate the trellis and provide shape, it would not be on a level area. He provided a history of the series of handicap accessible ramps that would conform to ADA standards and at the same time be esthetically pleasing. Only after the access ramps had been completed, and they had had an opportunity to assess their use, did it become clear that additional shade was required at the point at which the structure in question has been located. The shade structure is strategically situated along the 280 foot path of travel between the first floor and second floor wheel chair accessible entrances. Its design is intended to provide Planning Commission Minutes Approved 10/11101 September 27, 2001 Page 2 a canopy covering above a level area of about 4'X 4', enabling a wheel chair to make a safe 90 degree tum on level grade and allowing anyone who has difficulty walking or propelling a manual wheel chair to pause and rest. There was never an intent to deceive or avoid standard approval processes. Its location is mid point of the concrete access ramp. They have no neighbor opposition and the ramp is hidden from the street. CLOSED PUBLIC HEARING Commissioner Vitu had visited the site. She was not sure the trellis could be built out of the setback. There are other neighbors in the area enjoying structures in the setback and they are not opposing this variance. Commissioner Gottlieb stated she had been to the site previously. She did not want to create a situation of approval after the fact. Commissioner Cottrell understood the reason for the trellis and felt, with the imposed fine, he could support the variance. Commissioner Clow felt the structure was out of sight. He is sensitive to granting this variance. The structure violated code but it is a unique situation. The ramp was built with permits, then it was discovered the need for shade. He can support this request. Commissioner Gottlieb agreed the structure was out of sight. However, she cannot make the first variance finding. She felt the structure could have been build closer to the retaining wall. This is a Land Use issue. They need to make stronger findings. She did agree with the fine. Chairman Wong had mixed feelings. He felt they should care for the handicap and elderly. MOTION SECONDED AND PASSED: Motion by Commissioner Clow and seconded by 0460 Commissioner Cottrell to approve the request for a variance for a trellis to encroach into the side setback, Lands of Perloff, 25601 Chapin Road, modifying the variance findings as presented by the applicant, with a $750 Administrative Permit fee as noted in Attachment 1. AYES: Chairman Wong, Commissioners Vitu, Cottrell & Clow NOES: Commissioner Gottlieb This approval is subject to a 22 day appeal period. 3.2 LANDS OF WAHL & JIA, 12051 & 12101 Stonebrook Drive (143 -01 -LLA); A request for a lot line adjustment. Matt Weintraub introduced this item by providing background for the request stating the Jia property does not currently conform to the Town's MDA/MFA standards (exceeds maximums). The lot line adjustment would bring the parcel closer to compliance by reducing the average slope from 29.8% to 29.6%, and increasing the LUF from .95 to .96. The MDA/MFA figures for the parcel would not change, since the calculated figures would still fall below the minimum allowable of 5,000 square feet of floor and 7,500 square feet of development area. Likewise, the Wahl property does not currently conform to the Town's MDA standards resulting in existing development area that exceeds the calculated maximum. The lot line adjustment would reduce the MDA/MFA for the property although the new MFA figure would still exceed the existing floor area. However, it was discovered, late in the process, that the lot line adjustment would reduce the development area on the Wahl property. He requested an additional condition be Planning Commission Minutes Approved 10/11/01 September 27, 2001 Page 3 added stating "the Wahl property shall be required to remove 150 square feet of development area to maintain the existing level of nonconformity currently existing on the property. The removal of development area shall occur prior to final approval of the lot line adjustment by the City Council." Commissioner Gottlieb questioned the grading and the height of the retaining walls on the Wahl property. OPENED PUBLIC HEARING Richard McPherson, 4323 201° Street #8, San Francisco, project landscape architect, provided the background regarding the request for a lot line adjustment. Regarding the retaining walls, all are being constructed as approved. He was informed today of the request for a reduction of 150 square feet which they could take off the driveway. At the start of the project, they knew they were maxed out on development area. They did want to enlarge the deck with the landscape proposal which is now being installed which meant they had to take development area off of the current driveway for a previously approved project at a cost of $6000. If they had the information a week ago, they could have taken the additional square feet off at the same time. He noted that the pathway will be restored. CLOSED PUBLIC HEARING Discussion ensued regarding making the findings for lot line adjustments. The Planning Director understood the applicant's concern regarding the cost and removing 150 square feet of 4W development area to maintain the existing level of nonconformity currently existing on the property. However, they are still over the maximum allowed under current regulations. The two options are: (1) reconfigure the lot line; or (2) remove 150 square feet of development area. MOTION SECONDED AND PASSED: Motion by Commissioner Gottlieb and seconded by Commissioner Clow to recommend approval to the City Council for a Lot Line Adjustment, Lands of Wahl & Jia, 12051 & 12101 Stonebrook Drive, with the added two conditions of approval: (1) The Wahl property shall be required to remove 150 square feet of development area to maintain the existing level of nonconformity currently existing on the property. The removal of development area shall occur prior to final approval of the lot line adjustment by the City Council. (2) The applicants shall determine the exact location of the existing gas service that traverses the Lands of Jia to serve the Lands of Wahl and shall create an easement over the gas service where it crosses the Lands of Jia. AYES: Chairman Wong, Commissioners Cottrell, Gottlieb, Vitu & Clow NOES: None This item will be scheduled for a City Council agenda. 4 Planning Commission Minutes September 27, 2001 Page 4 Approved 10/11/01 4 3.3 ORDINANCE AMENDMENTS TO THE TOWNS ZONING CODE WITH REGARD TO THE FLOOR AREA DEFINITION (SECTION 10-1.233). Staff reviewed the staff report. The ordinance revision will have no significant environmental impact. It could potentially have a positive impact in that when a carport is counted as floor area it essentially reduces that amount of square footage available potentially for residential building. This could potentially reduce the amount of hardscape on lots by that amount assuming the amount is not utilized in some other development area (no impact or slightly positive impact in terms of retaining the nature drainage structures now existing). Discussion ensued regarding what happens to people who already have carports and perhaps using the added numbers for additions. OPENED PUBLIC HEARING Forrest Linebarger, 27101 Moody Road, voiced concern with the new change as it relates to his potential Conditional Development Permit for new construction of a 2,500 square foot house on 3/a acres with a 50% slope. The goals the Commission are trying to achieve are good, but not for him. He understood he could ask for a variance for a carport, now garage, counting toward more floor area. CLOSED PUBLIC HEARING 4W Commissioner Gottlieb felt the report was well written. Perhaps the next step would be requiring a two car garage (minimum two covered parking spaces). This could be a separate ordinance change. Commissioner Cottrell suggested some grandfather dates. The goal is to prevent tearing down a carport, using the added numbers for additions. Commissioner Clow felt it was important for people to have a garage instead of a carport. Further discussion ensued. Commissioner Cottrell felt they should either make garages mandatory or to not increase the maximum floor area. The Planning Director felt there were ways to require two car covered parking which would be a separate ordinance change or amend the floor area definition to say "carports approved after 2001" (i.e. If you built your carport in 1980, it only counts as development area.) It will not be a problem as long as they replace a carport with the same size garage. Commissioner Clow felt they should stay with a simple ordinance. MOTION SECONDED AND PASSED: Motion by Commissioner Clow and seconded by Commissioner Cottrell to recommend approval to the City Council to adopt ordinance amendments to the town's zoning code with regard to the floor area definition (Section 10-1.233), requesting the City Council review an ordinance change requiring two car covered parking for new construction. AYES: Chairman Wong, Commissioners, Gottlieb, Cottrell, Clow & Vitu NOES: None t This item will be scheduled for a City Council agenda. Planning Commission Minutes Approved 10/11/01 September 27, 2001 Page 5 4. OLD BUSINESS 4.1 Report from subcommittees - none 5. NEW BUSINESS 5.1 Interpretation of floor area definition (removable patio enclosure panels), Lands of Wong, 14250 Miranda Road (continued from 9/13/01). Chairman Wong stepped down from the discussion. The Planning Director stated this was a request for an interpretation of Zoning Code. This is somewhat of an unusual structure (a retractable patio closure). Floor area is defined as anything with three sides and a roof. Commissioner Clow asked if doors on hinges count as a wall ? Commissioner Gottlieb suggested applying for a variance as she felt this was more permanent. Discussion ensued regarding permanent structures versus what is temporary. Commissioner Gottlieb felt if it is a solid structure like a window, it is enclosed. Curtains would be different because they are not permanently installed. The key is how permanent is the material. OPENED PUBLIC HEARING Charles Wong, 14250 Miranda Road, described his 400 square foot pool house, on a slope, with cabinets and furniture inside. When it rains and the wind blows, they need to protect the 4W furniture. He does not want walls. He explained that 90% of the time the curtains (much like accordion doors for a conference room) will be pulled back. They are on a track, easily removable. In the winter he would like to protect the furniture. He has no intention to close in the pool house but during the rainy season he would like to close it to the elements. The closure is similar to accordion doors used in conference rooms. CLOSED PUBLIC HEARING Commissioner Gottlieb and Cottrell suggested reviewing the material prior to making a recommendation although Commissioner Cottrell understood this was a hanging curtain effect and still temporary (folding wall). Clow understood the request was for a track and pins only. Mr. Wong would like an interpretation this evening. The question is do you count something that is temporary as a permanent wall? The material is removable. Commissioner Clow felt the material was like a storm window, and for the protection of his belongings. Commissioner Gottlieb asked if the Commission would allow the same on a 2,000-3,000 square foot structure? Commissioner Vitu felt they were being asked for a general interpretation for this type of structure only. Commissioner Clow felt this was a discussion regarding a track and a couple of fixed points only. OPENED PUBLIC HEARING Sandy Humphries, 26238 Fremont Road, felt they should be cautious when reviewing removable partitions. Planning Commission Minutes September 27, 2001 Page 6 CLOSED PUBLIC HEARING Approved 10/11/01 MOTION SECONDED AND PASSED: Motion by Commissioner Clow and seconded by Commissioner Cottrell to request the City Council consider the Lands of Wong situation with the enclosures. Since the structure is intended as an outdoor structure and the panels proposed will only be used in storm situations so they are temporary/intermittingly used and they are not physically attached to the structure which makes this a unique situation. The interpretation of the Commission would be that this would be allowed. The Commission would like to see future similar situations on a case by case basis to provide an interpretation for each. AYES: Chairman Wong, Commissioners Clow, Cottrell & Vitu NOES: Commissioner Gottlieb 5.2 Joint Planning Commission and City Council meeting December 6, 2001 at 5:00 p.m. for planning reading review was agreed by all. 6. REPORT FROM THE CITY COUNCIL MEETING 6.1 Planning Commission Representative for September 20th, Commissioner Clow, reported on the following items: report on private/public road issue including request that Almaden Court and Laurel Lane be named public roads; and Municipal Code & Policy Review Committee. 6.2 Planning Commission Representative for October 4th — canceled 6.3 Planning Commission Representative for October 18'h — Commissioner Gottlieb APPROVAL OF MINUTES 7.1 Approval of the September 13, 2001 minutes PASSED BY CONSENSUS: To approve the September 13, 2001 minutes with minor changes. 8. REPORT FROM FAST TRACK MEETING- SEPTEMBER 18.2001 8.1 LANDS OF LO & LOH, 26870 Taaffe Road (88-98-ZP-SD-GD); A request for a Site Development Permit for a new residence. Approved with conditions. 9. REPORT FROM SITE DEVELOPMENT MEETING—SEPTEMBER 25, 2001 9.1 LANDS OF PRUVIECORE, 12167 Kate Drive (Lot 13) (197-01-ZP-SD); A request for a Site Development Permit for a landscape screening plan and hardscape improvements. Approved with conditions. Planning Commission Minutes September 27, 2001 Page 7 Approved 10/11/01 6W 9.2 LANDS OF PRIMECORE, 12087 Kate Drive (Lot 15) (196-01-ZP-SD); A request for a Site Development Permit for a landscape screening plan and hardscape improvements. Approved with conditions. 9.3 LANDS OF PRIMECORE, 12067 Kate Drive (Lot 16) (198-01-ZP-SD); A request for a Site Development Permit for a landscape screening plan and hardscape improvements. Approved with conditions. 9.4 LANDS OF SLEVIN, 12358 Priscilla Lane (83-01-ZP-SD-GD); A request for a Site Development Permit for an addition. Approved with conditions. 10. ADJOURNMENT The meeting was adjourned by consensus at 9:16 p.m. Respectfully submitted, Lan' Smith Planning Secretary IM