HomeMy WebLinkAbout07/10/1985PLANNING COK4TSSION
TOWN OF IAS ALTOS HILLS
26379 Fremont Road
Ins Altos Hills, California
u hl II * ' IC li
Wednesday, July 10, 1985
Reel 118, Side I, Tract I, 000 -End; Side II, Tract I, 000-125
Chairman Carico called the meeting to order at 7:30 P.M. in the 'Town Hall
Council Chambers.
A. ROIL CALL AND PLEDGE OF ALLEGIANCE:
Present: Commissioners Cari.co, Gottlieb, Lachenbruch, Siegel, Struthers
and Yanez
Absent: Conrdssimer Kuranoff
Staff: Michael W. Enright, City Engineer; Nancy Lytle, Staff Planner
Leslie Mullins, Secretary
B. CONSENT CALENDAR:
r, MOTION SECONDED AND CARRIED: Moved by Iachenbruch, seconded by Struthers
and passed unanimously to approve the Consent Calendar, specifically:
1. Approval of Minutes - June 12, 1985
2. Concurrance of Public Hearings set for July 10, 1985:
a. Lands of Davis, File #CUP 1-85
b. Lands of Morton, File #CUP 5-85
c. Lands of Webster, File #CUP 4-85
d. Lands of Lindsay, File #SA 1-84
e. House Moving Permit, Heritage House, Town Hall Property
3. Setting Public Hearings for July 24, 1985:
a. Lands of Hansen, File #SA 2-85
b. Lands of St. Nicholas School, Review of Conditional Use Permit
c. Lands of Ford Country Day School, Review of Conditional Use Permit
C. REPORT FROM CITY COUNCIL MEETINGS OF JUNE 19, AND JULY 3, 1985:
Commissioner Iachenbruch will give his report at the July 24, 1985 meeting.
Commissioner Gottlieb reported the City Council at their July 3, 1985
meeting approved an Emergency Ordinance for Fire Damage; Approved Special
Land Use Permits for Fogel, Salbu and continued consideration of the Noack
kw proposal on Country Way; PAUSD held over to July 17th meeting due to the
fire; agree on a Subdivision Agreement for Taaffe instead of variance;
discussed Fund Raiser for the Heritage House; the S.F. Symphony granted
permit for Ford Country Day School to erect signs for showase; and dis-
cussion of the fire.
Planning Commission Minutes - July 10, 1985
Page IVw
D. PUBLIC HEARINGS:
1. LANDS CF BERRY HILL, UNIT II, FILE #1M 9-84, Berry Hill Court and
Page Mill Road, Dexter Ahlgren, Engineer, Request for recamendation
of approval of Tentative Map and Negative Declaration, 7 lot subdivision
Ms. Lytle referrred to her staff report dated June 20, 1985, noting at the
meeting of March 27th, the Planning Commission considered the redesign of
a subdivision for the Lands of Berry Hill, which had been reduced from
eight lots to seven lots, all of which were to be served off a single
cul-de-sac, noting the applicant requested a waiver from the requirement
for a road right-of-way dedication to meet Town standards on Berry Hill
Lane. Ms. Lytle noted after unsuccessfully requesting the applicant to
redesign the subdivision to include the required right-of-way, the Planning
Commission recanrended denial, and the Council upheld that decision at their
May 1, 1985 meeting. Ms. Lytle reported the applicant submitted a second
major revision of the Tentative Map on May 10, 1985, noting this proposal
is substantially the same as the previous design, however, 10' of additional
road right-of-way is proposed to be dedicated, meeting half the Town's half
street standard for Berry Hill Lane, and meeting the Cmmissions request.
Ms. Lytle reviewed the subdivision and zoning ordinance criteria for the
currently proposed lots. Staff recamiended that the Planning Cmrdssion
adopt a motion recanending that the City Council approve the filing of
a Negative Declaration for this project with the Santa Clara County Clerk;
and adopt a motion recommending the City Council approve the lands of
Berry Hill, Unit II, subject to the conditions of approval attached to
the June 20 staff report.
`, The Public Hearing was then opened.
Crnmissicners reviewed and discussed the proposed grading, "Int Design and
Grading Plan" Sheet 2 of 4 of the Tenative Map submittal.
Mr. Lorin Nelson, Gerard Hares, infomed Commission the grading is intended
to be re -constructed (i.e., replace manure stockpiling) for erosion control,etc.
Mr. Enright indicated the proposed grading would need to conform with Town
Ordinances and approved by the Towm Geologist and Soils Engineer, referring
Commission to Condition 5.I. and S.J.
Commissioners and staff reviewed and discussed the pathway proposals.
Passed by consensus to amend Condition 4.A, as follows: The subdivider shall
construct a 'Type IIB path along the entire southwesterly boundary of Berry
Hill Court right-of-way; connection from that path to connections described
in Conditions 1.B. and 1.G., to the satisfaction of the City Engineer,
Passed by consensus to amend Condition S.A, as follows: Prior to acceptance
of the Final Map, the subdivider shall be required to cap -off the existing
underground water line at Page Mill Road and remove the post indicator valve
and fire department connection fixtures, and a fire hydrant shall be installed
near theend of the proposed new street Berry Hill Court. The exact location
to be determined by the Fire Department, per the Assistant Fire Chief, Stuart
Farwell, Los Altos Fire Departrent in his September 25, 1985 letter.
Passed by consensus to amend Condition S.B, as follows: Mitigation measures
addressing noise impacts from Route 280 should be addressed by the Site Develop-
ment Committee at the time of their consideration of a Site Development Permit,
Measures include additional insulation requiretnts and gasketed window systems
for habitable structures,
Planning Commission Minutes - July 10, 1985
Page Three
D. PUBLIC HEARINGS:
1. LANDS OF BERRY HILL (continued)
Mr. Lorin Nelson referred to letter from Department of Transportation (Caltrans)
in reference to Condition 4.D., noting the Than shall be the lead Agency.
The Public Hearing was then closed.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Gottlieb and passed
unanimously to recommend to the City Council to approve the filing of a
Negative Declaration for this project with the Santa Clara County Clerk.
PY7ITON SECONDED APED CARRIED: Moved by Siegel, seconded by Yanez and passed
unanimously to recce d approval to the City Council, Lands of Berry Hill,
Unit II, File #TM 9-84, with Conditions of Approval as amended.
2. LANDS OF DAVIS, FILE #OUP 1-85, 28545 Matadero Creek Lane, Request for
approval of Conditional Use Permit, Secondary Dwelling
14s. Lytle referred to her staff report dated July 1, 1985, noting at the
March 13th meeting the Planning Oo=ssion continued the public hearing for
this application to allow staff and the applicant to resolve the issue of
m immm allowable gross floor area, noting the plans on file at this time
show the proposed secondary dwelling unit measures 591 square feet, and is
allowed by the zoning ordinance for a dwelling unit within a structure.
Ms. Lytle indicated the findings in Section 9-5.1107 (a)(i-iv) necessary to
grant a Conditional Use Permit, can be node. Staff recomTended the Planning
Commission approve the Conditional Use Permit for a secondary dwelling, sub-
ject to the Conditions of Approval attached to the July 1, 1985 staff report.
The Public Hearing was then opened.
Mr. Davis, 28545 Matadero Creek, asked that Condition #9 be reworded.
The Public Hearing was then closed.
Passed by consensus to amend Condition #9 to read as follows: The terms of
this Use Permit shall be reviewed for compliance by staff annually and
reviewed by the Planning Commission every three (3) years, and reviewed
for compliance at the time of sale or transfer of title of the property.
MOPLON SECONDED APED CARRIED: moved by Siegel, seconded by Yanez and passed
unanimously to approve the. Lands of Davis, File #CDP 1-85, 28545 Matadero
Creek Lane for Conditional Use Permit, secondary dwelling subject to the
Conditions of Approval as amended.
3. LANDS OF MOR1,N, FILE #CUP 5-85, 25857 Westwind Way, Request for approval
of Conditional Use Permit for secondary dwelling
Ms. Lytle referred to her staff report dated July 3, 1985, noting the subject
property is located on Westwind Way; the applicant has received zoning, site
development and special lard use permits for all structures shown on the
site development plan in March and April of 1985, contingent upon Lot consoli-
dation, the parcel map for consolidation was recorded in June of 1985. Ms.
Lytle indicated these permits did not allow the pool house to contain kitchen
facilities, the applicant has now applied for a Use Permit to allow kitchen
facilities.Ms. Lytle referred to the property and project in terms of zoning
and subdivision ordinances. Ms. Lytle indicated the findings in Section
Planning Commission Minutes - July 10, 1985
Page Four
D. PUBLIC HEARINGS:
6� 3. LANDS CF MI ON (continued)
40 9-5.1107 (a)(iv), necessary to grant a Conditional Use Permit can be made.
Staff ,cacmends the Planning Comdssiom approve the Lands of Norton Condi-
tional Use Permit subject to the Conditions of Approval attached to the
July 3, 1985 staff report.
The Public Hearing was opened and closed with no one speaking for or against
this item.
Passed by consensus to amend Condition #9, as follows: The terns of this
Use Permit shall be reviewed for compliance by staff annually and reviewed
by the Planning Commission every three (3) years, and reviewed for compliance
at the time of sale or transfer of title of the property.
MUTTON SECYPIDID AND CARRIED: Moved by Siegel, seconded by Yanez and passed
unanimously to approve the Lands of Norton, File #CUP 5-85, 25857 Westwind
Way, Conditional Use Permit for secondary dwelling subject to Conditions of
Approval as amended.
4. LANDS CF WEBSTER, FILE #CUP 4-85, 26454 Taaffe lane, Request for approval
of Conditional Use Permit for secondary duelling
Ms. Lytle referred to her staff report dated July 5, 1985, noting the applicant
obtained a zoning and Special Land Use Permit for construction of a pool house,
without kitchen facilities in January and March of 1985. The pool house is now
under construction, the applicant has applied for a Use Permit to allow conver-
sion of the pool house to a secondary dwelling unit, noting the purpose is to
serve as a residence for elderly parents. Ms. Lytle reviewed the proposal
with regard to zoning and subdivision ordinance criteria. Ms. Lytle noted
the findings in Section 9-5.1107 (a)(i-v) necessary to grant a Conditional
Use Permit can be made. Staff recommends the Planning Commission approve the
Lands of Webster Conditional Use Permit subject to the Conditions of Approval
attached to the July 5, 1985 staff report.
The Public Hearing was then opened.
Commissioner Lachenbruch expressed the need for landscaping of the secondary
dwelling to soften off site views, requesting a condition be added requiring
landscaping.
Commissioner Struthers asked the color of the secondary duelling, noting per-
haps to soften the impact it could be painted a darker color.
Mr. Webster, 26454 Taaffe Lane, indicated at the time of the Special land Use
Permit, we were told the structure should be the same color as the residence,
further indicating they have plans to do future landscaping on the property.
The Public Hearing was then closed.
Passed by consensus to amend Condition #9 as follows: The terms of this Use
Permit shall be reviewed by staff annually and reviewed by Planning Commission
kw every three (3) years, and reviewed for compliance at the time of sale or
transfer of title of the property.
Passed by consensus to add Condition #11 as follows: A landscape Plan shall be
submitted and approved by the Site Development Committee prior to final of
building permit, (this requirement is to soften the view of the structure from
off sitel.
Planning Commission Minutes - July 10, 1985
Page Five
D. PUBLIC HEARINGS:
r 4. LANDS C' WEBSTER (continued)
MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Iachenbruch
and passed unanimously to approve the Lands of Webster, File #CUP 4-85,
26454 Taaf£e Lane, Conditional Use Permit for secondary dwelling subject
to Conditions of Approval as amended.
5. LANDS OF LINDSAY, FILE #SA 1-84, 13151 W. Sunset Drive, Request for
recamendation of approval for Site Approval Application
Ms. Lytle referred to her staff report dated July 1, 1985, noting the subject
site is located between West Sunset Drive and Chapin Road on a north facing
slope, currently undeveloped and vegetated with scattered oak trees and
grasslands. Ms. Lytle reviewed the proposed application in terms of zoning
and subdivision ordinance criteria. Ms. Lytle indicated project issues
related to this site are: Geotechnical and Soils Investigations; Road
right-of-way dedication; Forty foot setback frau Chapin Road and Drainage.
The applicant in a letter dated June 11, 1985 has requested a Conditional
Exception regarding road right-of-way and setbacks. Staff recd miended
the Planning Commission adopt a notion recd miending that the City Council
approve the lands of Lindsay Site Approval subject to the Conditions of
Approval attached to the July 1, 1985 staff report.
The Public Hearing was then opened.
90
Mr. John Riley, Civil Engineer, informd the Co m fission by increasing the
width of Sunset Drive would force the house further dawn the hill thereby
increasing grading and length of driveway, noting the 40' right-of-way
was existing since 1911 and requested it be maintained and not increased,
asking this requirement not be necessary.
Mr. Marc Kaufman, 14100 Donelson Place, asked camiission what they would do
with the extra ten feet when obtained? Noting Sunset drops off on one side
and up a hill on the other.
Ms. Elizabeth Linez, 13211 W. Sunset Drive, asked ammission approve the
Site Approval with Conditional Exception for the road right-of-way dedication.
The Public Hearing was then closed.
Commission and staff discussed the road right-of-way dedication as in Condi-
tions of Approval and the impact it would have on the development area for
the subject lot. Discussion over the need to have the future road right-of-
way is necessary for older hones demolished and new larger houses are going
to be replacing them, this would lint the an o nt of allowable developrent
area in a sinple way, noting by asking for the additional right-of-way does
not ,an we are going to widen the roadway.
Passed by consensus to include Condition #S.C. ($300.00) in lieu fee.
`„ passed by consensus to add Condition #6 to read as follows: Building
Setback Line shall be forty feet (40') frau Chapin Road, and thirty feet
(30') from Sunset Drive.
planning camdssion Minutes - July 10, 1985
Page Six
D. PUBLIC HEARINGS:
5. LANDS OF LINDSAY (cntinued)
MOTICN SECONDED AND CARRIED: Moved by Lachenbruch, seconded by Carico and
passed by the following roll call vote to recommend approval of the Lands
of Lindsay, File #SA 1-84, 13151 W. Sunset Drive, Site Approval, Subject
to the Conditions of Approval as amended.
ROLL CALL:
AYES: Commissioners Carico, Gottlieb, Lachenbruch and Yanez
NOES: Commissioners Siegel and Struthers
6. HOUSE MWING p MM, HEUMz.E HOUSE, TOWN HALL, 26379 FROOM ROAD
Mr. Enright referred to his staff report dated July 5, 1985, noting the
Mhmmicipal Code Section 9-5.308 states that the City Council must grant a
permit in order to move a building onto any site in Town, prior to the
Council granting a permit, the Commission must consider the request and
then report to the Council on their findings, and conditions deemed appro-
priate by the Commission. Mr. Enright indicated the Town is required to
obtain a Site Development Permit as a condition of modifying the existing
Town Hall Use Permit to allow the installation of the Heritage House, noting
suggests that any conditions regarding the House Moving Permit be addressed
as part of the Site Development Permit conditions when the issuance of the
permit canes before the Site Development Ccmnittee. Mr. Enright indicated
the house moving will occur the beginning of August, noting the moving route
shall be via Foothill Expressway, ArastTadero Road and Fremont Road, noting
the fence along Fremont Road will be removed for the move. Mr. Enright
indicated very little vegetation if any will be needed to be removed in order
to move the house to its new location. Staff reccmTends the Planning
Commission make a report to the Council and concur with the proposed request
to nerve the Heritage House from Los Altos to 'Than Hall property.
The Public Hearing was then opened.
Mr. Marc Kaufman, 14100 Donelson Place, indicated he did not feel the structure
appropriate for Los Altos Hills as it is not a historic structure. Mr. Kaufman
indicated if Toon Hall needs more room, perhaps they should consider adding on
to existing structure instead of moving this horse to heritage preserve area.
The Public Hearing was then closed.
Commission and staff discussed briefly the necessary permits needed to move
the house to this site, noting the Use Permit has been granted, the Special
Land Use Permit has been granted, and now we need permission to move the house
and Site Development Permit for siting (scheduled for Wednesday, July 17th).
MM7PION SECONDED AND CARRIED: moved by Siegel, seconded by Lachenbruch and
passed by the following roll call vote to recommend to the City Council that
a House Mbving Permit be issued to [rove the Heritage House from los Altos
to Town Hall Property, via Foothill Expressway, Arastradero Road and Fremont
Road. Conditions regarding the House Moving be addressed as part of Site Development,
ROLL CALL:
AYES: Commissioners Carico, Gottlieb, Siegel and Struthers
NOES: None
ABSTAIN: Commissioners Lachenbruch and Yanez
Commissioner Lachenbruch indicated his vote of abstention is he has been out
of Tom when past discussions have taken place over the Heritage House.
Planning OamAssion Minutes - July 10, 1985
Page Seven
D. PUBLIC HEARINGS:
7. SITE DEVEIAPHM ORDINANCE - CHANGES AND ANUMMaM TO THE TEXT OF
CHAPTER 5 OF TITLE 9 OF THE LOS ALTOS HIIIS MUNICIPAL CODE ENTITLED
"ZONING LAW OF THE TGWN OF LOS ALTOS HILLS" CaiCENING SITE DEVELOP-
MENT AND RECCnnMATICN CONCERNING A PROPOSED NEGATIVE DECLARATION.
Ms. Lytle referred to her staff report dated July 5, 1985 noting the
Commission has received cements fran the City Attorney, dated June 26,
1985, which are primarily technical corrections. Ms. Lytle indicated
most of these revisions have been noted in the Draft and other caments
will be addressed by staff or the City Council. Ms. Lytle indicated
staff also revised the Draft according to Planning Commission direction
at their June 12, 1985 meeting and the revised copy is on file and will
be edited and transmitted to the City Council. Staff recamends the
planning Commission adopt a motion recommending the City Council adopt
the Negative Declaration and Draft Site Development Ordinance, as finally
revised by the Omission at their June 12, 1985.
The Public Hearing was opened and closed with no one speaking for or
against this item.
YrTim SECONDED AND CARRIED: Moved by Iacbenbruch, seconded by Struthers
and passed unanhm Sly to recamnend to the City Council adoption of the
Negative Declaration.
MOTION SECONDED AND CARRIED: Nbved by Lachenbruch, seconded by Yanez
and passed unanumusly to reamnend to the City Council adoption of
4 the Draft Site Development Ordinance as amended.
�r E. NEW BUSINESS:
1. LANDS OF HENDERSON, Purissine Road, Request for Conditional Exception
to minis lot size, or purchase of adjacent Town property.
Ms. Lytle referred to her staff report dated June 19, 1985, noting at their
June 5, 1985 City Council meeting a request from Mr. & Mrs. Henderson
in a letter dated May 7, 1985 was reviewed; the City oonncil requested
the item be referred to the Planning Cmrnission for a recamendation.
Ms. Lytle informed Cmuission in a nemD dated May 31, 1985 from City
Manager to City Council describes the Henderson's proposal. Staff
recommends a Conditional Exception not be granted for allowing a lot
to be created which does not meet minunm lot size requirements. Additionally,
staff finds the request to purchase property zoned for open Space, for
the purpose of residential subdivision, inconsistent with the Zoning
Ordinance. A zoning redesignation is not recamended for the few parcels
in the cmuunity designated as Open Space Preserve.
Mrs. Henderson, 27020 Purissima Road, referred to plot map showing where
their property is located, noting they recently built a new residence close
to the Tuan Riding Ring; and received a CUP for secondary dwelling closer to
Minorca Court, noting their son would like to purchase the cottage and expand
if necessary, but in order to do that we need to obtain a small portion of
property to perforin a lot line adjustment, asking Commission to grant a
Conditional Exception to lot size r ,,;moment or purchase mall portion of
Town awned property.
Mr. Stutz, 25310 Elena Road, as representative of Horsemens Association, we are
not in favor of losing open Space, however, the Town can work something cut
with Henderson's without lessening what we have, we would go along with the request.
Planning Coftissim Minutes - July 10, 1985
Page. Eight
E. NEW BUSINESS:
1. IANDS OF HENDERSON (continued)
Comissicners reviewed and discussed the City Managers memo dated May 31, 1985
regarding the Conditional Exception, as staff believes such a Conditional
Exceptim will create an unfortunate and significant precedent and therefore
recommends the conditional exception not be granted, noting there are too
many lots that are very close to having enough lard for one more lot.
Comissioners Gottlieb, Siegel and Iachenbruch indicated they agreed with
Staff's recon endation with regard to Conditional Exception and selling
of Town owned land, as it is open space. Commissioners Struthers and Yanez
indicated they could be in favor of granting an exceptim as the Henderson's
have had to dedicate a great deal of land for right-of-way, road frontage, etc,
MMICN SBCOMED AND CARRIED: Moved by Siegel, seconded by Gottlieb and
passed by the following roll call vote to recomend to the City Council
that they do not consider the sale of Town owned land to the Henderson's
as requested in their May 7, 1985 letter, as the property is zoned "Open
Space'.
ROLL CALL:
AYES: Commissioners Carico, Gottlieb, Iachenbruch, Siegel, and Struthers
NOES: Commissimer Yanez
nYTION SECa1DED AND CARRIED: Moved by Lschenbruch, seconded by Siegel and
passed by the following roll call vote to reomne d to the City Council
that a Conditional Exception not be granted to relax minimum acreage.
ROLL CALL:
�. AYES: Comissimers Caricc, Gottlieb, Iachenbruch and Siegel
NOES: Commissioners Struthers and Yanez
2. Request for building setback determination, Lands of Hamilton,
24920 La Lama Court
Mr. Enright referred to his staff report dated July 3, 1985, noting Mr. & Mrs.
Hamilton have requested deteuninatim of setback requirement, noting the
easement referred to in Mr. Hamilton's request is the old, abandoned right-of-
way for San Antonio Road, the easement is not used as a primary access for
any parcel. Staff recommends that Section 9-5.504 (c) (1) of the Municipal
Code does not apply to 24920 La Loma Cunt, therefore, the building setback
along La Lima Court should be forty feet (401).
Mr. Hamilton, 24920 La lc m Court, questioned the applicability of Code
Sections 9-5.504 (c)(1) and 9-5.504 (d) to his property, noting there is
a public utility easement located on his lot, indicating according to the
California Codes, a P.U.E. is considered an easement for vehicular access.
After some discussion between Commission and applicant over the purpose of
setbacks from roadways, and definition of P.U.E. this matter was suggested
to be continued for an opinion from the City Attorney.
MDTIGN SBCOMED AND CARRIED: Moved by Gottlieb, seconded by Struthers and
passed unanimously to continue the Lands of Hamilton request for discussion
on the July 24, 1985 agenda, in order to obtain an opinion from the City
NW Attorney on this proposal.
F. OLD BUSINESS:
G. ADIOURNMFNE:
'ltuere kmeuug no further new or old business the meeting was adjourned at 11:30 P.M.
Respectfully submitted, Leslie Mullins, Engineering/Planning