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HomeMy WebLinkAbout04/28/1976 (2)Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, California PLANNING CGT4ISSIO14 Wednesday, April 28, 1976 Chairman Carico called the meeting to order at 8:25 p/m in the Council Chambers, Town Hall, Los Altos Hills, California. ROLL CALL Present: Chairman Judith Carico, Commissioners William Perkins, Ken- neth Young, Richard Rydell, Theodora Schick, Michael Stewart Absent: Commissioner William Hahn. Also Present: City Manager Robert E. Crowe; City Engineer Alexander D. Russell; Town Planner Kenneth R. Pastrof; Secretary Donna Pennington. CONSENT CALENDAR royal of Plannin Commission Minutes, April 14, 1976: Commissioner Schick re- quested that the Minutes ot t e meatmg o April 1 1 76, be removed from the Con- sent Calendar for corrections. Commissioner Young corrected the Motion on Page 3, pertaining to Condition 6, to read "..... a southern boundary line.......Comeis- sioner Schick and Commissioner Stewart corrected Page 5, fourth paragraph, under LANDS OF FRe!ONI HILLS COWi IRY CLUB, to read ".....'ten.^.is' official and 'tennis' courts." 140'PION: There being no further corrections, Commissioner Perkins moved that the Minutes of April 14, 1976, be approved as corrected. Commissioner Young seconded the motion. Motion passed, with Chairman Carico abstaining be- cause she was not present at the April 14 meeting, by the following roll call vote: AYE: Commissioners Perkins, Rydell, Schick, Stewart and Young. NO: None ABSENT: Commissioner Hahn. ABSTAIN: Chairman Carico. Acc�epptance o ie tative Ma s for Filin : LAMS OF DELLES-OKEY, Purissima Avenue and Ba er Lane, aul Nowac gineer, File 4114 2032-76; LANDS OF ELSIF. WRIGHT Elena Road near Natoma Road, Paul Nowack, Engineer, File 4114 2027-75. Staff explained the new procedure for processing Tentative Maps which were exempted from the present Subdivision Moratorium: at the City �hnager's direction, Tenta- tive 14ap acceptance procedures most conform to the as yet unadopted proposed Sub- division ordinance. The first step was formal acceptance by the Planning Commis - f Sion for filing the Tentative 14ap with the Town. According to the State Subdivi- sion lap Act, the Town mut take action (ie approve with or without conditions; deny wrh or without prejudice) within fifty (50) days of formal acceptance. Ac- ceptance for filing in no way implied recommendation for approval of Tentative i ps. It was agreed that the Planning Commission would not discuss the Tentative Maps at kw PLANNING CQTAISSION DANDIES - April 28, 1976 CONSENT CALENDAR, Continued: the time of acceptance for filing. MOTION: Commissioner Young moved, seconded by Commissioner Schick, that the Con- sent Calendar, as altered, be approved. Motion Passed by unanimous consent PUBLIC HEARINGS 1. LANDS OF TAAFFE, Purissima and Concepcion, Paul Nowack, Engineer, File #CUP 8009-76, Request for Conditional Use Permit: and ii, was agreej to Chairman uCarico s, that Page 1,the Paragraph 2, oflic nthe Staffureport�, entitled "REQUEST' be changed to read: The abovementioned firm is requesting this Conditional Use Permit for the continued operation of their business at this location, an equipment storage facility, under the pro- visions of Section 9-5.703(h), Los Altos Hills Municipal Code, (Appendix #3), as it relates to Emergency Services, Section 4, and pursuant to Resolution #992, (Appendix #5a). The Em- ergency Resources Evaluation and Review Board has reviewed the pprovalloftion the condi tional Use Permit. Sement e and recommends #5the It was also agreed by consensus th a tcertain Conditions listed in the Staff report be amended a 1. Maximum hours of maintenance and repair of equipment shall be seven o'clock ............. 2. All equipment related operations, includin storage, maintenance and repair, shall be confined to the area so designate ..... 5. a. shall be confined to the activity area as referenced in Appendix #1 6. Dirt equipment storage areas shall be oiled, or otherwise improved to the satisfaction of the MtNsf6Nko8$re (Crosse -over denotesthe deletion.) of reducing dust.dtl9a#iii 13. This arsCfrom the date ofl Use ermit approvalll be in granted byfect the City Cr a ouncil of heof nTown2of Los Altos Hills, reviewed annually. Speaking from the floor: L. L. Giller, 25891 Vinedo Lane: Stated that while Martin J. Taaffe Company was t not a nuisance, it was not consistent with a totally residential %W Town. He felt the civil def(nse rationale was an invention that enabled the Planning Commission to take its present position. - 2 - [ PLANNING CDJIISSI0,1 bIINU915 - April 28, 1976 LANDS OF TAAFFE, Continued: City Manager Crowe advised Mir. Giller of the Local emergency disaster plan. Mr. Giller stated he saw nothing wrong with the action that the Commission was about to take, but he believed the Commission should seriously reconsider what he thought unwise past action of the proposed Public Facilities Zoning Ordinance. Ccmmis- sioner Schick declared the City Council would be more than happy to hear his argu- ments at their May 13, 1976, meeting. Dene Mehner, 26620 Purissima Road: Stated the M. J. Taaffe Company offered no disturbance to his peace of mind, and actually added to it on occa- sion. Chairman Carico noted some twenty neighbors had written that they were in favor of approving the Use Permit, and no one had objected to it, that a great deal of time had been spent in Subdivision Committee meetings (staff meetings) considering the application, and the Planning Commission did not take the Conditional Use Permit application as lightly as was implied. Ps there were no further comments or questions from the floor, the Chairman closed the public hearing. MOTION: Commissioner Schick moved that the Planning Commission recommend to the City Council approval of the Conditional Use Permit application of the LAiJDS OF MARTIN J. TAAFFE C04PANY, with Conditions 1 through 14 as amen- ded. motion was seconded by Commissioner Perkins, and passed by unani- mous consent. MOTION: Commissioner Schick moved, seconded by Commissioner Young, that the Plan- ning Commission recommend to the City Council that the LANDS OF TAAFFE be declared categorically exempt from the provisions of the California Environmental Quality Act, and an Exemption Determination be completed and placed in the applicant's file, and a Negative Declaration filed with the County Clerk. Motion passed unanimously. Chairman Carico declared a recess at 9:40 p/m. Commissioner Perkins and City Man- ager Crowe left the meeting before it resumed at 9:50 p/m. 2. LANDS OF SIUDZiNSRI, Private Drive formerly known as Toyon Place and Central Drive, Paul "rack, Engineer, File #CUP 8013-76, Request for Conditional Use Permit: Commissioner Schick expressed concern that if a Conditional Use Permit for a sec- ondary dwelling, with or without kitchen facilities, were granted, that sooner or later there would be two rental residences on one piece of property. Commissioner Young commented that allowing two habitable residences on one parcel was contrary to the zoning ordinances of the Town established since incorporation; however, it would be allowable to have one primary residence and a guest house. Speaking from the floor, one of the applicant's tenants asked if her rental time could be extended. Site was advised that the Council would make that decision. There being no further questions from the floor, the public hearing was closed. - 3 - L PLANNING CCtHISSION MINUTES - April 23, 1976 LANDS OF SIUDZINSKI, Continued: Commissioner Young pointed out there was a distinction in terminology between a eaatelto,cformer eikitchen facilities and the not, yet odedefined'sendarydwllng" asnewithouta kitchen. DTOTION: Commissioner Young moved that the planning Commission recommend to City Council approval of a Conditional Use Permit for a secondary dwelling (guest house) without kitchen facilities on the LAMS OF SIUDZINSKI. Motion was seconded by Commissioner Rydell. ?lotion PASSED by the follow- ing roll call vote: AYE: Commissioners Rydell, Stewart, Young, and Chairman Carico. i4o: Commissioner Schick. ABSENT: Commissioners Perkins and Hahn. ABSTAIN: None. Town Planner Ken Pastrof left the meeting at 10:25 p/mm. 3, LANDS OF ELSTER, Saltamontes and Estacada, Paul Nowack, Engineer, File #TM 2033-76, Request for Approval of Tentative 'lap. Commission and Staff reviewed the Staff report of April 23, 1976. City Engineer Alec Russell advised that the applicant had originally requested Site Development approval. During the Site Development Committee meeting it was determined that certain neighbors had traded parcels of land which changed the boundary lines of the subject parcel. It then became necessary to request approval for a formal lot line change. This is what the Planning Commission was to consider now. MOTION: Commissioner Schick moved that the Planning Commission recommend to City Council the approval of the tentative map for the LF,NDS OF ELSTER with Conditions 1 through 5 of the Staff Report of April Z3, 1976. eslldytetss nPASSED aemus c on- snt ofocall voCommissioners Perkins and Hahn bnt,noneab- staining. DISCUSSION AND ANION: en S ace Commuttee Report: As a cnrtesy, Commission nairman ar co turned t e meetuig over to Open gpace Committee Chairman Commis- sioner Schick. Commissioner Schick pointed out that the Report before the Planning Commission had been submitted to the City Attorney in February for his legal opinion on several items, but that he had as yet not responded. She then advised the Planning Commission that in December 1970 the then Planning Consultant George Mader had prepare I a cost analysis of development of an Open Space Element to the General Plan, but the Open Space Committee did not include the outdated information in their report. She pointed out that the Tuan would soon be faced with surplus school sites and what position the Town should take in regard to acquiring them or not as Open Space, and whether outright purchase or public facilities zoning was the right approach. - 4 - 4W FLAMM CMIISSION MINUTES - April 28, 1976 OPEN SPACE CQ44ITTEE REPORT, Continued: Individual Commissioner comments appear below in summary: Commissioner Stewart: Wanted a typographical error corrected regarding an amount of money specified on Page 4 of the report. Commissioner Rydell: Wanted the Committee members identified in the report. Commissioner Young: Stated it was not feasible to enter into competition to buy every surplus school site without going bankrupt in the pro- cess. Commissioner Carico: Would like to see the Report forwarded to City Council and adopted as Statement of Policy. She recommended that the Report, with correction on Page 4 so noted, be presented to Council, including the recommendation that Council adopt a policy to review and thoroughly scrutinize all State and Federal applications, to insure local control of zoning. She emphasized that it was necessary to take action now to preserve the current Torn zoning from being usurpedby the Mid -Peninsula Regional Park District acquisition of school properties as part of the process of the right of eminent domain. The Park District could go to "urban rener�ai", as long as they or any other potential buyer used the property for the "public good". Commissioner Schick stated she would prefer to see Town funds spent for cleaning up the poison oak on the pathways that the Town's most important commodity, the used on their school sites. Sheofelt that presennd from t Trather zon g ofbeing oneshouseent operrpurchase one acre provided for open space. MOTION: Motion was made, seconded and PASSED unanimously to forward the open Space Committee Report to the City Council with Plating Commission Chairman Carico's recommendations as stated above. Commission Chairman Carico, with Commission agreement, thanked the Committee and congratulated them on a job well done. NEW BUSINESS (Items presented were not specifically listed on agenda). 1. Introspection Night: As future agendae promised to be crowded, and not wishing to unfair to applicants desiring action on specific land development by postponing future public hearings of their requests, Commission Chairman Cari- co recommended that Introspection Night be postponed temporarily, a new date to be determined when Commissioner Perkins was p -regent. MOTION: Commissioner Young moved that Introspection Night be postponed indefin- itely. commissioner Schick seconded, and motion PASSED by unanimous consent. V PLANNING C(jgTIISSION MINUTES - April 28, 1976 NEW BUSINESS, Continued: 2. Tennis Court Definition: Commissioner Schick stated recently an applicant had presente t e+ ite velopment Committee plans for a 120' x 60° surfaced area surrounded by a 6' fence. The Committee determined the property would not accommodate a tennis court within the required setback limitations, and sug- gested the applicant reduce the surfaced area to 100' x 50', otherwise it would be a tennis court with a six foot fence (tennis court fences are normally ten feet high). The applicant adamantly refused to lessen the area and claim- ed the surface was not a tennis court but a play yard for his children. The Committee disagreed and requested a definition of "tennis court" from the City Attorney, one that would apply to all such requests. The City Attorney submitted such a definition. Commissioner Schick wanted the rest of the Planning Commission to know that the applicant in question would appear be- fore the Variance and Permit Commission with a request for a Variance for construction of a tennis court. 3. Brown ActClarification: Through the City Manager's office, the City Attorney presente a mg t a violation of the Brown Act resulted only when four or more Planning Commissioners met without prior notification and arrived at a decision on some matter before them. If the Planning Commissioners met to discuss agenda generally, that was a permitted meeting. 4 4. Pathway Committee: The present Pathway Committee procedures for review of pro- perties proposed for development and subsequent presentation of pathway re- quests was unacceptable to the Planning Commission and Town staff. Pathway Committee requests were occasionally offered verbally at public hearings, rather than through written reports, or as an alteration presented verbally to a previously submitted written request. Chairman Carico expressed dismay that some Path requests were based on verbal misinformation rather than Committee investigations in the field, or Committee representation at in-house Staff meetings (Subdivision Committee meetings) held prior to public hearings before the Variance and Permit Commission and the Planning Commission. Commissioner Schick stated it was beneficial to no one to consider pathway requests for up to 45 minutes during a public hearing,aid expressed the desire to refuse to consider these kind of requests, that all discussions and deter- minations re: pathways should be finalized in a written report by the Commit- tee to the Commissions through Staff prior to public hearings. It was agreed that a Pathway committee member should attend Subdivision Com- mittee meetings, and also suggested that if the present membership was not large enough to allow for that, as well as field investigations, attendance at Pathway Committee meetings, and project work at Town Nall on tracing the various pathways and easements that have been dedicated, perhaps the City Council could appoint additional members. ( Commissioner Schick proposed that a letter be written to Council about the �W Pathway Committee difficulties. Commissioner Young did not feel it appropri- ate to do so in writing, as this might discourage their present efforts. Both he and Commissioner Stewart believed the Committee was doing as best as could - 6 - IL PLANNING C0141ISSION MIrUTES - April 28, 1976 NEW BUSINESS, Continued: be expected. Commissioner Young felt it would be more diplomatic to approach the Mayor verbally. Commissioner Carico said she had already spoken both to the City Manager and the Mayor and felt the problem would be resolved within the next month. Commissioner Schick didn't think it would. Commissioner Rydell asked why staff could not make pathway recommendations, rather than charge the Committee with that responsibility. Commissioner Schick responded that the Committee actually was a sub -committee of the Planning Commission and if Staff did the recommendations, there would be no need for a Pathway Committee. Commissioner Rydell pointed out that THAT was what he was suggesting. Commissioner Young commented that as the leader of the Town, the PIayor should take whatever action neces-ary to resolve the difficulty. y,OTION: Commissioner Schick moved to continue discussion of the Pathway Committee at the next meeting, and adjourn the present meeting. Motion seconded, and passed by unanimous consent. Commission Chairman Carico adjourned the Planning Commission meeting at 11:30 p/m. respectfully submitted, Helen A. Cygnarowicz - 7 -