Loading...
HomeMy WebLinkAbout02/26/1986PLANNING COMMISSION TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday, February 26, 1986 Reel 121, Side II, Tract I, 129 -End; Side I, Tract II, 000-150 Chairman Carico called the meeting to order at 7:42 p.m. in the Town Hall Council Chambers. Chairman Carico welcomed new Planning Commissioner, Mr. Marc Kaufman. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Gottlieb, Kaufman, Siegel, Struthers, Yanez (arrived 8:10p.m.) and Chairman Carico Absent: Commissioner Lachenbruch City Council Representative: Councilman RydelZ Staff: Michael W. Enright, City Engineer; Nancy Lytle, Town Planner; Leslie Mullins, Secretary B. CONSENT CALENDAR: MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Carico and passed unanimously to set the following items for public hearing for March 12, 1986: 1. Lands of KeZZy, 24143 Hillview Road, Lot Line Adjustment 2. Lands of OwZwood Farms, Annual Review of Conditional Use Permit 3. Lands of Westwind Farms, Annual Review of Conditional Use Permit The Draft Environmental Impact Report, Adobe Creek Lodge Property was not scheduled for public hearing until the applicant files an application and appropriate have been paid. MOTION SECONDED AND CARRIED: Moved by Gottlieb, seconded by Struthers and passed unanimously to approve Minutes of January 22, 1986. Commissioner Kaufman abstaining. C. REPORT FROM CITY COUNCIL MEETINGS OF JANUARY 29 and FEBRUARY 5, 1986: Commissioner Lachenbruch not in attendance to report on Council Actions for the January 29, 1986 meeting. Commissioner Struthers reported the Council approved Final Map for Lands of Kava; approved and authorized contracts with Cotton & Assoc., and Nowzck & Assoc. for the S -Curve project; approved Variance for Lands of Cheng; approved Special Land Use Permit for Bell on Black Mountain, continued Herpick to L field trip Tuesday, continued Gerard, Lot N1, Gigli Court for re -design; approved NagpaZ request in Matadero Creek Subdivision to encroach outside Building Site Circle; denied request from Chens on Taaffe Road for pillars and walks within road right of way and required restoration of pathway; enforcing the fence regulations on DelCostelZo property within Matadero Creek. Planning Commission Minutes - February 26, 1986 Page Too D. PUBLIC HEARINGS: ko 1. LANDS OF BERRY HILL FARMS, FILE #CUP 8028-77, 14250 Page Mill Road, Request for approval of Annual Review of Conditional Use Permit Ms. Lytle informed Commission the applicant has requested an extension to the March 12, 1986 meeting, as the Manager who was to attend has a sick daughter at home and could not be present. 2. LANDS OF UGIE, FILE #TM 5-85, 24970 O'Keefe Lane, Request for recommendation of approval of Tentative Map and Negative Declaration Ms. Lytle referred to her staff report dated February 21, 1986, informing Commission this is a proposal for a two lot subdivision, noting the property measures 3.13 acres and is currently developed with single family residence, riding ring facilities, residential amenities and stables, known as "Owlwood Farms". Ms. Lytle noted the property is crossed by Purissima Creek,portions of the Lot are within the 100 year flood plain, noting a 35' storm drainage is proposed in either direction. Ms. Lytle gave Commission the property description with regard to current subdivision and zoning ordinances. Ms. Lytle indicated the subdivision complies with State and Local Subdivision Ordinances, with exception to Road Right -of -Way Dedication, which the applicant is requesting a Conditional Exception. Ms. Lytle noted the issues related to this subdivision include: 1) Geotechnical Constraints; 2) Flooding; 3) Con- servation Easement; 4) Pathways; 5) Road Right -of -Way; 6) Non -Conforming Structures; 7) Conditional Use Permit; and 8) Sewage Disposal. Staff ` recommends that the Planning Commission adopt a motion recommending aI the City Council approve filing of a Negative Declaration for this project with the Santa Clara County Clerk; and adopt a motion recommending the Council approve the Lands of Ugie Tentative Map subject to Conditions of Approval attached to the February 21, 1986 Staff Report. Commission questioned staff over time the percolation tests were conducted for this site; allowing structures to remain within road right-of-way; road right-of-way dedication; Conservation Easement dedication; and difficulty in constructing future residence on proposed parcel. The Public Hearing was then opened and closed with no one speaking for or against the Negative DecZaration. MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Gottlieb and passed unanimously to recommend the City Council approve the filing of a Negative Declaration for the Lands of Ugie with the Santa CZara County Clerk. The Public Hearing was then opened for the proposed two lot subdivision. Mr. Keith Ugie, 24970 O'Keefe Lane, requested approval of the Tentative Map with an exception to the road dedication as it would cause a hardship, informing Commission the existing buildings which would have to be removed include storage for cars, equipment and shop. Mr. Ugie indicated they would like to continue the Conditional Use Permit for OwZwood Farms until `, Lot #2 is sold, plus 90 days to allow notification to owners who board horses on the property. Mr. Ugie also noted that the request for a Conser- vation Easement and flood control easement would be a hardship, noting he has spoke to Mr. Carlsen, Santa CZara YalZey Water District, and they only require one side of the creek, asking the easement be lessened over Lot 1 Planning Commission Minutes - February 26, 1986 Page Three D. PUBLIC HEARINGS: 2. LANDS OF UGIE (continued) as most of the habitat is on lot 2. Mr. Ugie questioned if they would be restricted in removal of poison oak from the Conservation Easement? Ms. Lytle informed Commission and applicant that unless authorized there would be no structures allowed within Conservation Easement, if there was to be removal of vegetation, it would be replanted with native species and poison oak removal should be allowed. The Public Hearing was then closed. commissioners discussed further the rationale for Conservation Easement over both lots and the restrictiveness of development. Commissioners began a review of the Staff Recommended Conditions of Approval. MOTION SECONDED AND CARRIED: Moved by Gottlieb, seconded by Struthers and passed unanimously to amend Condition 1.B. as follows: ..flood control... or as compatible to Site Development at time of Application. Passed by Consensus to amend Condition 1.C. to remove "and the Town". Passed by Consensus to amend Condition 7.A. to add: removed "on Lot #2" prior... MOTION SECONDED AND FAILED: Moved by Siegel, seconded by Yanez and failed by the following roll call vote to delete Condition 7.B. ROLL CALL: AYES: Commissioners Kaufman, Siegel and Yanez NOES: Commissioners Gottlieb, Struthers and Chairman Carico ABSENT: Commissioner Lachenbruch MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Struthers and passed by the following roll call vote to leave Condition 7.B. as written. ROLL CALL: AYES: Commissioners Kaufman, Siegel, Struthers, Yazez and Chairman Carica NOES: Commissioner Gottlieb ABSENT: Commissioner Lachenbruch MOTION SECONDED AND CARRIED: Moved by Gottlieb, seconded by Struthers and passed unanimously to add new Condition 7.C. to read as follows: All non- conforming accessory structures shall be removed on Lot #1, unless a variance and encroachment permit is granted prior to recordation of Final Map, Fees are recommended to be waived. MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Carico and passed unanimously to approve Condition 8. Fee Schedule. MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Carico and passed unanimously to recommend to the City Council approval of the Lands of Ugie, Tentative Map, File #TM 5-85, subject to Conditions of Approval as in the February 21, 1986 Staff Report and as amended. Planning Commission Minutes - February 26, 1.986 Page Four 3. Amending Chapter 5 entitled "Zoning" of Title 9 of the Eos Altos Hills Municipal Code to amend articles 2 and 5 thereof entitled "Definitions" and "Area, Coverage, Height, and Setback Limitations" in relation to antennas. Ms. Lytle referred to her Staff Report dated February 19, 1986, noting at the January 8, 1986 Planning Commission meeting the public hearing was continued to allow staff to incorporate additional input from the Community of amateur radio operators. Ms. Lytle noted in addition, the Commission requested staff to contact: 1) City Attorney to inquire about a "Grandfather CZause" provision; and 2) other communities for examples of their ordinances regulating antennas. Ms. Lytle indicated the City Attorney informed that a Grandfather Clause is possible, however, it would not be possible to exclude antennas which the Town has received complaints on. Mr. Lytle informed Commission staff has contacted: Woodside, Porto Za YaZZey and Saratoga with regard to their current ordinances and enforcement. Ms. Lytle indicated the Subcommittee met on February 18th and made the following revisions: elimination of wind load factor; elimination of setback clause; increase of height thresholds. Ms. Lytle recommends the proposed ordinance be referred to the City Attorney for his review, along with Commission's recommendation on Grandfather Clause. Commissioner Kaufman stepped down from consideration of this item. Commissioner Siegel expressed great concern over the proposed ordinance, noting the Town will be involved with the siting of the antenna, when the owner knows the best Location for most effective use, noting the ordinance is difficult to enforce and over -regulating. Siegel stressed the importance of amateur operators getting together to solve some of the complaints and concerns of some citizens, recommending the Commission not recommend adop- tion of the proposed ordinance. Chairman Carico indicated that the regulating of antennas will be important as the Town can appropriately place the antennas so as not to destroy views from off site as we do other structures in Town. Commissioner Yanez indicated he concurs with Siegel, noting it would be very important for the antenna community to help investigate complaints received regarding interference, etc. Yanez questioned if community is favorable to Grandfather Clause. The Public Hearing was then opened. Mr. Marc Kaufman, 14100 Donelson Place, indicated the proposed ordinance is primarily siting and some Landscaping, noting he is pleased with the ordinance. Mr. Kaufman provided a photograph of an existing antenna which has been placed right in the view corridor of a neighbor, noting he believes it must have been placed inadvertently. Mr. Kaufman offered a suggestion that there should be incentive for putting in smaller dish antennas, describing various types of new satellite dish antennas available to buyers. Mr. Kaufman indicated he is in favor of Grandfather Clause. Mr. Robert Smithwick, La Loma Drive, indicated he has lived in Town since 1965 and does agree with Commissioner SiegeZs statement, however if an ordinance is necessary he supports the proposed oridnance. Mr. Ron Cipari, Portola YaZley, informed Commission after the Zest meeting he worked with the complaints regarding interference, noting it was caused by power Zine and sometimes microwave. Planning Commission Minutes - February 26, 1986 Page Five D. PUBLIC HEARINGS: 3. Antennas (continued) Mr. Carl Snyder, informed Commission he was in favor of grandfather clause if an ordinance must be adopted. Mr. Lewis, 14445 DeBeZl Drive, questioned if an ordinance did not get adopted then what would happen? There would be obstruction of views, noting he has been complaining about an antenna since 1984 and would very much like an ordinance be adopted. Mr. Lewis referred to surrounding communities antenna ordinances and their enforcement. Mr. Lewis provided Commission with photographs of neighbors antenna both cranked up and dorm. Mr. Roger Melon, 12992 Vista Del Valle, informed Commission he has a crank up antenna, and find the proposed ordinance acceptable if necessary. Dr. Craig Miller, La Vida Real, questioned why discussion over interference when it isn't addressed in the ordinance, noting it usually is not the amateur operator causing the problem. Mr. Miller suggested the most important thing in siting antennas is the use of common sense, asking Commission to not adopt a restrictive ordinance. Mr. James Treybig, 27220 Altamont Road, indicated they accept the ordinance if necessary, suggesting perhaps a committee of amateur and non -operators work together on interference concerns. Commissioner Gottlieb and Mr. Kaufman gave Commission and public brief background on the reasoning behind the proposed ordinance. Mr. Sam Woods, 12648 La Cresta Court, asked Commission to make an exception to exempt satellite dish antennas under 6'. It was discussed there would be a need for Mass Mailing or Newsletter Mailing to count amateur radio operators within Town if the Ordinance is adopted with Grandfather Clause. MOTION SECONDED AND FAILED:: Moved by Siegel, seconded by Yanez and failed by the following roll call vote to not propose adoption of the proposed antenna= ordinance. ROLL CALL: AYES: Commissioners Siegel and Yanez NOES: Commissioners Gottlieb Struthers and Chairman Carieo ABSENT: Commissioner Laehenbruch ABSTAIN: Commissioner Kaufman MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Gottlieb and passed by the following roll call vote to amend the proposed Draft Ordinance to exempt antennas up to 6', and include Grandfather Clause referring to City Attorney for amendment. ROLL CALL: AYES: Commissioners Gottlieb, Siegel, Struthers and Chairman Carieo NOES: Commissioner Yanez ABSENT: Commissioner Dachenbrueh ABSTAIN: Commissioner Kaufman Planning Commission Minutes - February 26, 1986 Page Six ( D. PUBLIC HEARINGS: 3. Antennas (continued) MOTION SECONDED AND CARRIED: Moved by Gottlieb, seconded by Struthers and passed by the following roll call vote to recommend to the City Council adoption of the amended Antenna Ordinance. ROLL CALL: AYES: Commissioners Gottlieb, Struthers and Chairman Carico NOES: Commissioners Siege and Yanez ABSENT: Commissioner Lachenbruch ABSTAIN: Commissioner Kaufman E. OLD BUSINESS: F. NEW BUSINESS: 1.. Requesting interpretation of Section 9-5.503 (c) regulating watts and fences, Lands of Howe, 13090 Cumbra Vista Court Ms. Lytle referred to her staff report of February 19, 1986, noting the Howe's have applied for zoning permit for a number of improvements, noting the plans conform with zoning ordinance with one exception, a retaining wall at the front of the property which is located on the wrong side of the reference Zine as defined in Section 9-5.503 (c). Ms. Lytle recommended the Commission interpret the wall and fance ordinance to exclude retaining walls which are not visible from the roadway as the proposed is. Mrs. Howe, 13090 Cumbra Vista Court, requested approval of staff interpretation. MOTION SECONDED AND CARRIED: Moved by KaufYnan, seconded by Gottlieb and passed unanimously to concur with staff interpretation for the Lands of Howe, 13090 Sumbra Vista Court as the wall is not visible or obtrusive. Commission indicated they would prefer any other requests of this type also be forwarded to Commission for review. 2. Commissioner Struthers reported on her attendance at the Planning Commission Forum held in Los Gatos, noting they get together about 4 times a year, discussion this past meeting was over open space - hillside specific plans - and zoning. Struthers noted we are host next time, if you have any ideas please pass them on. 3. Commissioner Struthers informed Commission of actions taken by City Council of Los Altos regarding the EZ Retiro property. G. ADJOURNMENT: There being no futher new or old business, the meeting was adjourned at 10:50 P.M. Respectfully submitted, Leslie Mullins Engineering/Planning 4W