HomeMy WebLinkAbout11/30/1983 (2)PLANNING CCIMIISSION
Town of Los Altos hills
f 26379 Fremont Road
fir' Ins Altos Hills, California
Wednesday, November 30, 1983
Reel 107, Side I, Tract II, 125 -End; Side II, Tract II, 000-1160
Chairman Rydell called the meeting to order at 7:35 p.m. in the Town Ball
Council Chambers.
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Commissioners Dochnahl, Kuranoff, Lachenbruch, Stewart, Struthers
and Chairman Rydell
Absent: Commissioner Carico
Staff: City Manager Ann Hinshaw, Assistant City Attorney William Hughes,
City Engineer/Planner John A. Carlsm; Assistant Planner Pat Webb,
Secretary Leslie Mullins
B. CONSENT CALENDAR:
MOTION SE=ED AND CARRIED: Moved by Struthers, seconded by Kuranoff
and passed unanimously to approve the Consent Calendar, namely:
1. Minutes of:
a) Planning Cwnnission, November 9, 1983 (Dochnahl & Stewart abstain)
b) Variance & Permit, November 9, 1963
c) Setting Public Hearings for December 14, 1983:
1. Lands of Calvo, File #TM 5-83
2. Lands of Ehnert, File #TM 4-83
3. lands of Rick Bell, File #SA 5-83
4. Lands of Salbu, Site Development Appeal (returning item)
C. REPORT FROM VARIANCE AND PERMIT COMMISSION:
Commissioner Stewart reported the V&P Commission denied without prejudice
a variance request for the Lands of Larin for a two foot encroachment into
the front yard building envelop; recommended approval of a variance request
for the Lands of Gottlieb, File #VAR 7-83 to allow a maximum encroaclmient of
eleven feet into the rear yard setback for a single story addition.
D. REPORT FROM CITY COUNCIL MEETING OF NOVEMBER 16, 1983:
Commissioner Lachenbruch reported the City Council held a public hearing on
the amendment to ordinance relating to variance and CUP procedures, noting
this item was continued for Perkins and Lachenbruch to meet and return with
an opinion at the next City Council meeting relating to the Planning Commission
concern of the item returning to them for review after Councils decision;
discussed the RFP for planning services, the Mayor has indicated the City
Manager will review her recc m dations with members of the Planning Carnuission
prior to final decisions; Commissioner Lachenbruch gave Council a brief
Planning Commission Minutes - November 30, 1983
Page Two
D. REPORT FROM CITY COUNCIL: (continued)
status report on the Salbu property and commissioners thoughts om the
appeal application.
E. PUBLIC HEARINGS:
1. Amendment to Sections 9-5.217 and 9-5.703 of the Los Altos Hills
PLmicipal Code concerning Secondary Dwellings and Section 9-5.601
concerning required parking spaces
Mr. Carlson referred to his staff report of November 30, 1983, giving
commission a brief description of each amendment as follows: Section
9-5.217, this amendment changes the reference to the types of occupancy;
Section 9-5.703(k), this amendment allows kitchen facilities if a suitable
public or private sewer system is available; Section 9-5.703 (1), this
amendment deletes the second sentence , moving it to 9-5.703(k) where
it was originally intended; Section 9-5.601, this amendment reduces the
allowed parking spaces from 6 to 4 bringing the section to conformance
with Section 9-4.606 and current policy. Mr. Carlson indicated the proposed
ordinance changes relating to second units is due to the State Legislation
SB 1534 which specifies that the Town may adopt an ordinance on 2nd units
by July 1, 1983 or within 120 days of an application for a second unit,
porting the Town has received an applicatia> , if the Town does not adopt
an ordinance within the time limits given, State regulations set forth in
SB 1534 would apply. Mr. Carlson informed commission the State Law allows
the Town to consider the following criteria: 1) designated areas may be
established for second units, designated areas may be based on water and
sewer services, and traffic; 2) standards for the second units may include
parking, height, setback, lot coverage, architectural review and size;
and 3) establish a permit process. A task force prised of City Council
members, and planning Commission representatives and staff reviewed SB 1534
and are recomendng approval of the ordinance presented to commission.
mr. Carlson noted as the SB 1534 defines a second unit as either a detached
or attached unit providing complete independent living facilities for one
or more persons; the task force decided to establish criteria for detached
units (secondary dwellings) and not for attached units, noting the Town, has
CUP process for secondary dwellings, therefore the task force decided
to amend the current code in lieu of proposing a new set of regulations.
Mr. Carlson pointed out the task force considered setting criteria for second
dwellings as allowed by SB 1534 and decided that the only constraint should
be whether there is an adequate public or private sewer system available
to the property, the other items such as parking, height, setbacks, lot
coverage and size are adequately addressed in other sections of the code.
Architectural review was not considered appropriate. Mr. Carlson indicated
the task force considered setting criteria for second units attached to the
primary dwelling and decided not to establish criteria other than those
available in SB 1534, referring to the City Attorney's mems of January 10,
1983.
Mr. Carlson indicated with regard to Section 9.5-601, when ordinance #232
was amended in July, 1976, the amount of off street parking was reduced
to 4 spaces from 6, this section was overlooked and should be updated
to current codes and policies.
planning Crmmission Minutes - November 30, 1983
Page Three
Mr. William Hughes, informed commission we are dealing with detached second
units; noting the State Legislation applies to both attached and detached,
indicating if the camdssicn only handles the detached units, the state law
kw would apply to attached units.
Co nssimer Stewart indicated he would like the ordinance to be emended to
indicate non -rent paying caretakers, guest and relatives of the owner/occupant
of the property, with some wording referring to the living area of the second
unit be 10% less than the primary dwelling.
Camiissicner Kuranoff indicated he felt the intent of the legislation was to
increase housing, due to the imbalance of housing and employment in this area,
and would not be in agreement with making the ordinance any tighter.
Chairman Rydell expressed his concerns over spending many months working on
the proposed ordinance changes, and now being informed of this glaring cm -
mission to discover what we have proposed is not adequate.
Ms. Hinshaw informed the camussion staff has not addressed the recent issue
as it came up late this day, noting the ordinance can easily be amended this
evening if the camnission is in agreement, reminding cmmission they do have
a time limit to work with on this matter.
Cc missioner Lachenbruch stated there are three issues before the ownission:
1) kitchen facilities; 2) attached vs. detached; and 3) rentals. Since state
law indicates kitchen facilities must be allowed, Lachenbruch addressed that
we could use other wording than theirs, possibly using categories: 1) with
kitchen, secondary dwellings; 2) without kitchen facilities, subsidiary dwellings,
imposing certain conditions which would have to be net. Lachenbruch suggested
in Section 9-5.217 eliminating the word separately and add at the end of the
paragraph,'br 10% of primary areas if attached to primary dwelling."
Ms. Hinshaw suggested wording for Section 9-5.217, first line remove "building"
add "an attached or detached living unit"; 3rd line, remove "building" add "living
unit" and delete separately.
The Public Hearing was then opened, regarding Negative Declaration and Ordinance
aurerKlment.
Mrs. Irma Goldsmith, 27330 Elena Road, asked commission to remember the 'Lown was
originally incorporated as a single family residential Town, with 1 acre minimum,
asking that they keep the ordinance as much as possible as is, taking the mini[nm1
requirements the state is giving.
Cc missioners discussed the possible revision to including 10% of living area
for attached units and rental concerns brought forth.
M:)TION SECONDED AND FAILED: Moved by Lachenbruch, seconded by Rydell and failed
by the following roll call vote, to amend Section 9-5.217, Secondary Dwellings,
first line, remove "building",add "attached or detached living unit"; 3rd line,
remove "building", add "living unit"; 9th line, remove "separately"; 7th line,
add at end'if detached, or 108 of existing living area if attached to primary
dwelling."
4 ROIL CALL:
AYFS: Commissioners Dochnahl, Iachenbruch and Rydell
NOES: oemmissimers Kuranoff, Stewart and Struthers
Planning Crnmission Minutes - November 30, 1983
Pace Four
Camiissioners discussed the minimum, maximum size of attached living units.
Secretary was asked to type a rough draft of the proposed section amendment
so all had changes in front of them.
MOTION SECONDED AND CARRIED: Moved by Stewart, seconded by Rydell and
passed by the following roll vote to amend Section 9-5.217, Secondary Dwellings,
first line, remove "building", add "attached or detached living unit"; 3rd line,
remove "building", add "living unit"; 4th line, remove "separately"; 7th line,
add at end "if detached, or 600 square feet maximamm if attached to primary
dwelling"; 2nd line, reverse "relatives or guests"-to"guests or relatives."
ROLL CALL:
AYES: Ccmnissicners Dochnahl, Lachenbruch, Rydell and Stewart
NOES: Cmmissioners Kuranoff, and Struthers
MOTION SDCONDED AND CARRIED: Moved by Stewart, seconded by Dochnahl and passed
unanimously to amend Section 9-5.703 (k), CONDITIONAL USES AND STRUCTURES (R-1),
fifth line, remove "to have kitchen facilities"; sixth line, after dwelling is:
reword remaining sentence as follows: 1)located on a parcel which has a sanitary
sewer system, or on a parcel with a private sewage disposal system that is deemed
to be adequate by the Santa Clara County Health Department; 2) adequate water
supply; 3) will not have a significant adverse impact on traffic flow and safety.
Mr. Hughes suggested the commission adopt a motion for approval of the Negative
Declaration for entire matter.
BION SECONDED AND CARRIED: Moved by Stewart, seconded by Kuranoff and passed
unanimously to recommend approval to the City Council approval of the negative
declaration for the ordinance amending Sections 9-5.217 and 9-5.703 concerning
Secondary Dwellings and Section 9-5.601 concerning required parking spaces.
MOTION SECONDED AND CARRIM: Moved by Kuranoff, seconded by Dochnahl and passed
unanimously to recommend to the City Council approval of the ordinance as
amended, amending Sections 9-5.217 and 9-5.703 concerning Secondary Dwellings
and Section 9-5.601 concerning required parking spaces.
F. NEW BUSINESS:
G. OLD BUSINFSS•
1. Appointment to Architectural Review Co, ttee - Matadero Creek Subdivision
Chairman Rydell informed ca:ndssion, that Commissioner Lachenbruch has re-
quested he be removed frau. the Matadem Creek Architectural Committee.
Commissiamer Stewart was unanimously appointed to replace Commissioner
Lachenbruch on the Matadero Creek, (the review committee expires Dec. 31, 1983).
2. Cammissimer Struthers pointed out that a lot of applications at Site
Development have irrigation systems within the road right of way (pathway
easements) and asked if something could be done. Chairman Rydell directed
staff to attach a note to the Landscape Policy regarding no irxegation
systems within mad right of ways.
3. Chairman Rydell questioned staff (%I the status of the RFP for Planning
Services. Mr. Carlson informed comnission the City Manager has directed staff
to review RFD's; noting we will first proceed with special projects and then
set up interviews, (to be included in interview are City Manager, one member
of the City Council, me member of the Planning Commission, staff and an outside
planner). Mr. Carlson indicated the City Manager would like to arrange the
interviews before the Chirstmas Holidays.
4. Congratulations to Art Lachenbruch & Mary Stutz on their volunteer awards.
H. AEJOURWENT: There being no further new or old business, the meting was adjourned
at 10:40 P.M. Respectfully su rutted,
Leslie Mullins