HomeMy WebLinkAbout08/13/1986PLANNING CCNMISSICN
(
TOM OF LOS ALTOS HILLS
�w 26379 Fremont Road
Ips Altos Hills, California
Wednesday, August 13, 1986
Reel, 123, Side I, Tract I, 000 -Dad; Side II, Tract I-150
Chairman Siegel called the meeting to order at 7:30 P.M. in the Town Hall
Council Chambers.
Present: Commissioners Carico, Ending, Kaufman, Iachenhruch, and Chairman Siegel
Absent: Conussioners Struthers and Yanez
Staff: Michael W. Lhright, City Engineer; Nancy Lytle, Town Planner;
Lori Scott, Planning Consultant; Leslie Mullins, Secretary
City Council Representative: Mayor van Tairelen
MOTION SECONDED XH) CARRIED: Moved by Carico, seconded by Iachenbruch and
passed unanimously to excuse Jean Strutiners absence from meeting.
B. CONSENT CALENDAR:
Item Removed: B.I. Kaufman
Kaufman requested on Forge one, Item 3., Consent Calendar, read Chapter 1,
Title 9.
MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Carico and passed
unanimously to approve the Minutes of July 23, 1986 as amended.
NATION SECONDED AND CARRIED: Roved by Lachenbruch, seconded by Carico and
passed unanimously to set the following items for Public Hearing for the
August 27, 1986 Agenda:
1. lands of Prodranau, File #CUP 8-85, 14975 Page Mill Road, Request for
approval of Conditional Use Permit for Secondary Dwelling Unit; and
Site Development Permit approval for Tennis Court, Swimming Pool and
Secondary Dwelling Unit
2. Lands of Chantalat, Dawson Drive, Appeal of Site Develolment Camuttee
Decision of Approval for New Residence
C. REPORT FROM CITY COUNCIL MEETING OF AUGUST 6, 1986:
Chairman Siegel reported the City Council discussed Babuyan residence under
construction on Atherton Court, noting since the time of approval by Site
Development and City Council for Special Land Use Perrot the house is approxi-
mately 10' closer to the property line and is 1'8" higher. Siegel reported
the Council directed the Site Development Ca, ttee to require appropriate
measures to mitigate impact on neighbors and from off-site views, which may
include: walls, fences, screens, mature trees and mature shubbery, noting all
mitigation measures most be installed prior to final inspection of residence.
Planning Cocmission Minutes - August 13, 1986
Page Two
C. RFPORP FROM CITY COUNCIL =ING: (continued)
Siegel further reported that the Council imposed a fee of $3,500 for
resubmittal to the Site Developrent Cmrenittee with submittal of as -built
plans for the property. Siegel reported the Council continued consideration
of Request for Proposal for Storm Drainage Study, asking for a report on
expansion of the scope of the project. Siegel noted Council discussed
a letter from Mr. and Mrs. Chang on Adobe Lane regarding a sewer easement
noting a garage was constructed over the easement asking for clarification
of the Tam's and property owners responsibility. Siegel reported the
Council directed City Manager to proceed with selection of Cable TV companies.
Siegel reported Council approved; Derry Hill Farms, Unit IT Subdivision
Improve ants; Request for Proposal for Road Maintenance Services; Sign
at Westwind Barn for Hoe Dam on September 6th; Special Land Use Permits
for Kerman at Matadem Creek and Ng on Golden Hill Court, both for new
residences. Siegel reported the Council reorganized: Fuhr an submitted
resignation as Mayor, stating that her husband's job has been transferred
to Southern California. Mary van Tamelen was nominated as Mayor to fill
the tem of Nan FUhrman; and Barbara Tryon appointed as Mayor Pro Ten.
D. PUBLIC HEARINGS:
1. TANQS CP ALliCURF., FILE #CUP 1-83, 26173 Rancho Manuella Road, Request
to modify an existing Conditional Use Permit for Secondary Dwelling Unit
Chairman Siegel referred to Staff Reconmendation in the July 17, 1986 Staff
Report, indicating that the Planning Cmmiission grant the applicant's request
to allow kitchen facilities in the existing secondary dolling unit, subject
to recc=ended Conditions of Approval.
Commissioner Carico questioned if the kitchen facilities were removed as
required by the original conditional use permit approved in 1983? Ms. Lytle
indicated, staff assumes they were removed.
The Public Hearing was then opened and closed with no one speaking for or
against this item.
MDTICN SECCNDED APED CARRIED: iviaved by Kaufman, seconded by Iacheinbruch and
passed unanimously to approve amendment to Conditional Use Permit, File #CUP 1-83,
lands of Alhouse subject to Conditions of Approval attached to the July 17, 1986
Staff Report.
2.3.&4. LANDS OF SCM&F, FILE #VAR 4-86, CUP #7-86, and Site Develobment Permit
for 26026 Scarff Way, Request for Approval of Variance to allow Secondary
Dwelling Unit in excess of the allowed size and to allow for non -conformity
(existing), structure; Use Permit to allow for Secondary Dwelling Unit
and Site Development Permit for Secondary Dwelling Unit.
M3. Scott referred to August 4th and August 7th, 1986 Staff Reports, recaanending
that CaTudssion not set a precedent by approving this Secondary Dwelling in
excess of the 1,000 sq.ft. allowed, noting it would be more appropriate to
reopen the discussion of revisions to the ordinance to allow larger units on
subdividable lots. Ms. Scott further recon ended that Cmnnission approve a
variance to allow the existing secondary dolling unit to exceed the 1,000 sq.ft.
limit by 572 sq.ft. and deny the variance to allow addition to the secondary
dolling unit based on findings as required by Section 9-5.1107(b), as listed
in the August 4, 1986 Staff Report. Ms. Scott noted by denying the variance
request to exceed square footage allowed, the Conditional Use Permit and Site
Planning Commission Minutes - August 13, 1986
Page Three
D. PUBLIC BEARINGS:
2.3.&4. IANDS OF SCARFF:(continued)
Development Permit are not necessary.
The Public Hearing was then opened.
Mr. John Demeter, 26026 Scarff Way, (Caretaker) informed Commission that
architectural plans have not been drawn yet because they wanted to be
sure of approval of the Variance and Use Permit for the secondary dwelling
unit. Mr. Demeter informed Commission the Scarff's have no intention to
subdivide the property, but have indicated they are willing to enter into
an agreement with the Town which would require removal of the secondary
dwelling unit in the event of future subdivision.
Mr. William Alhouse, 26173 Rancho Manuella, informed Commission he is the
adjoining property owner and has no objections to the proposed secondary
dwelling unit addition.
The Public Hearing was then closed.
Commissioner Kaufman expressed concern over requiring a subdivision of the
property to allow a secondary dwelling unit in excess of that allowed by
ordinance, noting he feels this is contrary to both the Town and the property
owners interest. Kaufman noted a subdivision is a very expensive venture,
and as far as a planning view point, the Towm has much note control with
this application request with regard to NIDA, Building Coverage, Floor Area,
etc., suggesting that the applicant be required to bring impmvtrents up
to Town Subdivision Standards if the Site Development Permit is approved.
Commissioner Lachenbruch noted the existing ordinance is a constraint on
larger properties who would like to accommodate caretaker and family,
however, he did not feel he could approve a variance request because it
could not meet requiranents of Municipal Code Section 9-5.1107 (b), especially
#2. Iachenbruch suggested that staff prepare an ordinance which would
address issues such as this request, noting he would be in favor of a
Study Session for further discussion.
Commissioner Carico indicated sine the Preliminary Review of the proposal,
her mind hasn't changed, expressing concern over two primary dwellings on
one parcel. Carico indicated she agrees with Cammissioner Lachenbruch to
study this type of situation further.
Commissioner Fading indicated he also agrees with Commissioner Lachenbruch
and Ms. Scott's Staff Report, that the Tarn needs to look into modifying
the ordinance regarding Secondary Dwelling Units to accomodate applications
such as this.
Chairman Siegel indicatelhe would vote in favor of this application, noting
he could not encourage subdivision on this type of request, noting he to is
in favor of proposing an ordinance amendment.
Planning Commission Minutes - August 13, 1986
4/ Page Four
F13 10 Favi 1 :*.TQT
2.3.&4. LANDS OF SCARFF: (continued)
MOTION SECONDED AND CARRIED: Moved by Lachenbruch, seconded by Carico and
passed by the following roll call vote to Deny Without Prejudice, Lands of
Scarff, File WAR 4-86, 26026 Scarff Way to allow a Secondary Dwelling
Unit in excess of the allowed size
ROLL CALL:
AYES: Commissioners Carico, Emling and Lachenbruch
NOES: Commissioner Kaufman and Chairman Siegel
ABSENT: Ca ssioners Struthers and yanez
MOTION SECLUDED AND CARRIED: Moved by Lachenbruch, seconded by Carico and
passed unanimously to direct Staff to prepare a Draft Ordinance to
accomodate secondary dwelling units in excess of the allowed 1,000 sq.ft.
on large parcels. This proposed ordinance shall be before Conmission as
a Study Session Item, and should include in the Report from Staff problems
on limits to development on large estates once they're subdivided.
MOTION SECONDED AND CARRIED: Moved by Lachenbruch, seconded by Siegel and
passed unaninc usly to Deny Without Prejudice, Lands of Scarff, File #CUP 7-86,
40 26026 Scarff Way to allow for Conditional Use Permit for Secondary Dwelling Unit.
MOTION SE03NDED AND CARRIED: Moved by Lachenbruch, seconded by Siegel and
passed unanimously that on the basis of the two previous applications for the
Lands of Scarff, to Deny Without Prejudice the Site Develcpmnt Permit
for 26026 Scarff Way for Secondary Dwelling Unit.
V
Planning Camassion Minutes - August 13, 1986
5.6.57. LANDS CF HANDLEY, FILE #CUP 1-81, File #VAR 1-86, and Site Development Permit
for 13818 Page Null Road, Request to mudify an existing Conditional Use
Permit for Secondary Dwelling Unit, Variance to allow Secondary Dwelling
Unit to exceed allowed square footage and Site Development Permit for
Secondary Dwelling Unit.
IDLs. Scott referred to Staff Report dated August 7, 1986, informing Cammission
the Handley's were granted a Conditional Use Permit in 1981, but never built
the structure, noting a condition of the Agreement prepared by the City Attorney
indicated an expiration of the Use Permit within one year. Ms. Scott informed
Caamission in Spring 1986 Mrs. Handley was informed by Staff that she would
need to apply for a variance to allow a detached secondary dwelling unit in
excess of the 1,000 sq.ft. allowed and that the existing CUP would have to be
codified. Ms. Scott informed Commission the Commission now has two options
regarding action on this Use Permit: 1) choose to rescind covenent #7 of the
Use Permit Agreement prepared by City Attorney, thereby making Use Permit valid;
2) consider Use Permit expired and to consider the request for secondary
dwelling unit as a new application. Ms. Scott indicated Staff could not
support a secondary dwelling unit of this size and in this location on a
property with an existing non-confom, g secondary dwelling unit.
T, Public Hearing was than opened.
mrs. Handley, 13818 Page Mill Road, informed covmission the unit above the
garage is 720 sq. ft. , informing Coamission of the need for the additional
structure for Art Collection and for our guests and children's use, noting
the unit over the garage is for the caretaker and his wife. Mrs. Handley
indicated she does not feel she can get the structure under 1,000 sq -ft.
as there is a need for garage, noting it is in the best location, good access
and views.
planning C,,,,ssion Minutes - August 13, 1986
Page Five
D. PUBLIC HEARINGS:
5.6.&7. LANDS OF HANDLEY: (continued)
Mr. Eric Bredo, 13820 Page Mill Road, informed Cormiission he is the immediate
neighbor and most affected, noting there is quite a bit of difference between
the approval granted in 1981 and the proposal before Ccumission this evening,
asking Commission not to allow secondary dwelling unit so large and so close
to the adjoining property lines. Mr. Bredo expressed concern over the need
for garage, (why not use carport?), driveway location, traffic and noise and
the necessity for a two story structure.
Mrs. Handley, 13818 Page Mill Road, informed Commussion they have reduced and
lowered and moved the structure based upon objections raised by Mr. Bredo at
the Slubcanmittee meeting, noting traffic will be rminiral, and roadway is no
closer than it is already.
The Public Hearing was then closed.
Co mh-ssioner Kaufman expressed concern over the Agre nt prepared by the City
Attorney for the Use Permit issued in 1981, noting we cannot allow these permits
to have indefinite time limits, noting he did not feel they could allow continuance
of this Use Permit. Kaufman further indicated there is already an existing secondary
dwelling unit above the garage which exceeds the allowed square footage for
attached units. Kaufman noted if the Site Develornent Permit is approved, we
should require the applicant to bring inprovements up to Town Subdivision Standards.
MOTION SECCNIDED AND CARRIED: Moved by Lachenbruch, seconded by wiling and passed
unanimously to Deny Without Prejudice, Lands of Handley, File #CUP 1-81, 13818
Page hull Road, on the basis of findings given in the August 7, 1986 Staff Report.
MOTION SECONDED AND CARRIED: Moved by Lachenbruch, seconded by L]nling and passed
unanimously to Deny Without Prejudice, Lands of Handley, File #VAR 1-86, 13818
Page Mill Road, on basis of action taken on Conditional Use Permit, File #CUP 1-81.
Commissioner Lachenbruch pointed out there are similarities between Handley and
Scarff applications and problems arised from each, however, these are very
significant differences between the two applications in the way of location and
topography.
MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Lachenbruch and passed
unanimously to Deny Without Prejudice the Site Development Permit for the Lands
of Handley, 13818 Page Mill Road for Secondary Dwelling Unit.
8. Proposed Changes and Aondments to the Text of Chapter 1 of Title 10 of
the Los Altos Hills Municipal Code entitled "Zoning Law of time Town of Los
Altos Hills"
Ms. Scott and Ms. Lytle gave Commission and public a visual summary of the proposed
Zoning Ordinance Amendments, with use of graphs and charts wihich show Development
Area, Building Coverage, Floor Area, and Height Limitations, etc.
The Public Hearing was then opened.
Mr. Vincent Wong, 13456 Mandoli Drive, questioned how his lot on Rhoda Drive would
be treated under the new proposal? Informing commission of difficulty on obtaining
approval for this lot because of the steepness and drastic reductions in the
Development Area and Building Coverage Limitations. Mr. Wong noted he does have
an application at Tuan Hall which was continued by the Site Development Ccmn ittee
for Health Department Approval and to reduce Development Area and Building Coverage
Allowed, asking which Ordinance would he now be considered under?
planning Camdssion Minutes - August 13, 1986
Page Six
D. PUBLIC HEARINGS:
8. Zoning Ordinance AmerAh ents: (continued)
Chairman Siegel informed Mr. Wong that staff will get back to him on
which ordinance his application would fall under.
Mr. Wade Schroeder, 26991 Taaffe Road, questioned what L.U.F. stood for
and how it is calculated, and if there would be a grandfather clause.
Mr. David Cooper, 28610 Matadero Creek Lane, questioned CCammussion if the
new ordinance would also affect Matadero Creek Subdivision, informing
CawdSSicn the CC&R's and Conditions of Approval of the Tentative Map
have their own formxlas for Development Area, noting he is representing
the here owners at Matadero Creek. Mr. Davis noted they are intending
to petition the City Council to be treated in the sane manner as the
rest of the City.
Ms. Lytle inforred Camdssion the City Council has directed Staff to
look at modifying the Conditions for Matadero Creek with regard to the
Proposed Ordinance Amendnents.
Cannissioner Lachenbruch indicated the restrictions imposed by the City
on Matadero Creek were for siting, ridgeline protection, noting if the
Conditions are modified to be treated under the Zoning ordinance, the
Easements (Conservation, landscape, and open Space) would remain.
Commissioner Kaufman questioned the Town's enforcement of CC&R's.
Ms. Lytle informed ccc issioners the Matadero Creek CC&R's are upheld by
the property Owners and the Conditions of Approval of the Tentative Map
which are basically the same, are enforced by the Town.
The Public Hearing was then closed.
Commissioner Kaufman informed Commission and Staff that the Proposed Draft
Ordinance is inccnplete and has some problems, referring to memos of August
10th and August 13th, suggesting modifications and amendments to the Draft.
Commissioners and Staff began a review of the Proposeu uratz uruuunue -
Page by Page, making modifications and corrections wtr e necessary.
MMILN SBC LADED AND CARRIED: Moved by Lachenbruch, seconded by CaricO
and passed unanimously to recmmend to the City Council the filing of
Negative Declaration with the Santa Clara County Clerk.
MOPICN SoXbDED AND CARRIED: Moved by Lachenbruch, seconded by Kaufman
and passed unanimously to reconmend approval to the City Council of the
Proposed Changes and Amerurents to the Text of Chapter 1 of Title 10 of the
Los Altos Hills Municipal Code entitled "Zoning Law of the Town of Los
Altos Hills".
kw
Planning CmFnissiOR Minutes - August 13, 1986
Page Seven
D. PUBLIC HEARINGS:
[ 9. Proposed Changes and kv ndmnts to the Text of Chapter 1 of Title 9
of the Town of Ins Altos Hills Municipal Code entitled "Subdivisions",
Section 9-1.604.
Ms. Scott referred to Staff Report dated August 7, 1986, recamending that
Planning Cmmission adopt a motion recmmending the City Council adopt the
proposed amendment to Section 9-1.604 of Chapter 1 of Title 9 of the Ins
Altos Hills Municipal Code, as shown on the Draft attached to the Staff Report.
The Public Hearing was opened and closed with no one speaking for or
against this item.
MOTION SECONDED AND CARRIED: Moved by Lachenbruch, seconded by Carico and
passed unanimously to recmmend to the City Council the filing of Negative
Declaration with the Santa Clara County Clerk.
MOTION SECONDED AND CARRIED: Moved by Lachenbruch, seconded by Carico and
passed unanimously to recmnend to the City Council approval of Proposed
Changes and Amendments to the Text of Chapter 1 of Title 9 of the Town of
Los Altos Hills Municipal Code entitled "Subdivisions", Section 9-1.604.
10. Proposed Ganges and Amendments to the Tent of Chapter 2 of Title 10
of the Los Altos Hills Municipal Code entitled "Site Development"
Ms. Scott referred to Staff Report dated August 7, 1986, recohmending that
the Planning Commission adopt a motion recce[rending the City Council adopt
the proposed amendment to Chapter 2 of Title 10, Site Developnent,
The Public Hearing was then opened and closed with no one speaking for or
against this item.
MOTION SECONDED AND CARRIED: Moved by Lachenbruch, seconded by Carico and
passed unanimously to recommend to the City Council the filing of Negative
Declaration with the Santa Clara County Clerk,
MOTION SExQVDED AND CARRIED: Moved by Lachenbruch, seconded by Carico and
passed unanimously to reccurend to the City Council approval of Proposed
Changes and Amendments to the Text of Chapter 2 of Title 10 of the Ins Altos
Hills Municipal Code entitled "Site Developnent".
E. NEW BUSINESS:
1. Planning Csnmission Representative to City Council Meeting of August 20,
1986 - Cahmissioner Lachenbruch volunteered.
F. OLD BUSINESS:
1. Comnissioner Dnling questioned the height of the residence under construction
on Moody Springs Court for Shockley.
Mr. Enright inforned Cammission the residence is less than 23' overall,
most of the residence is 19', noting visually it looks larger.
�y 2. Cannissioner Emling questioned staff on a log jam on neighbors property on
Moody Road.
Planning Cacmission Minutes - August 13, 1986
Page Eight
F. OID BUSINESS: (continued)
2. Mr. Enright informed C=Tdssion the Town has a drainage easement
over the subject property and is responsible for that portion of
maintenance, other portions are maintained by the property owners.
G. ADJOUR�:
There being no further new or old business, the meeting was adjourned
at 11:00 P.M.
Respectfully submitted,
Leslie Mullins
Engineering/Planning
4
`r