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HomeMy WebLinkAbout02/11/1987PLANNING COMMISSION �M TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday, February 11, 1987 Reel 126, Side II, Tract I, 269 -End; Side I, Tract II, 000-455 Chairman Struthers called the meeting of the Planning Commission to order in the Town Hall Council Chambers at 7:37 p.m. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Carico, Emling, Kaufman, Patmore, Stutz, Yanez, and Chairman Struthers Absent: None Staff: Michael W. Enright, City Engineer; Nancy Lytle, Town Planner; Leslie Mullins, Secretary City Council Representative: Councilman William Siegel Chairman Struthers expressed the condolences of the Commission with regard to the passing of Terrence Cullinan, City Council Member in Los Altos. B. CONSENT CALENDAR: Item Removed - (Patmore) B.2 Commissioner Patmore questioned the Lands of Currie item being scheduled for public hearing for the February 25, 1987 Agenda, noting she thought this type of improvement would not be until after further noise readings were conducted on each individual lot. Mr. Enright informed Commission that this is the Site Development Permit application for fences, wall, earth berms and landscaping for the proposed subdivision, noting it is before Commission because the amount of grading exceeds the level of approval for the site development committee. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Stutz and passed unanimously to approve the Consent Calendar, specifically: 1. Approval of Minutes - January 28, 1987; Planning Commission Minutes of February 11, 1987 Paget 46, 2. Acceptance for Filing: a) Lands of Del Monte Developers, File #IN 5-86, Three Forks Lane - proposed five lot subdivision b) Lands of Miller, File BPM 6-86, 11920 Rhus Ridge Road - Parcel Map for Lot Line Adjustment 3. Setting Public Hearings for February 25, 1987: a) Lands of Currie, O"Keefe Lane, Proposed fences, earth berms and landscape plan for subdivision b) Lands of Del Monte Developers, File BTM 5-86, Three Forks Lane, tentative map and negative declaration for five lot subdivision c) Lands of Miller, File BPM 6-86, and VAR 17-86, 11920 Rhus Ridge Road, Parcel Map for Lot Line Adjustment and Variance to allow for existing structures to remain in setback area. d) Resolution 63-87 - proposed changes and amendments to the text of Chapter 1 of title 10 of the Los Altos Hills Municipal Code entitled "Zoning Lae of the Town of Los Altos Hills" to eliminate the referral back to the Planning Commission of matters appealed to the City Council prior to modification or reversal of the Planning Commission decision, and recommendation concerning a proposed negative declaration C. REPORT FROM CITY COUNCIL MEETING OF FEBRUARY 4, 1987: Commissioner Yanez reported the City Council directed staff to draft a Town Land Use Voting Policy Statement for consideration of approval at a later meeting. D. REPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF FEBRUARY 3RD, AND FEBRUARY 10TH, 1987: Commissioner Emling reported the Site Development Committee on February 3rd approved swimming pool for Lyman on Wildflower Lane; addition for Bentley on Willow Pond Lane; and preliminary review of Yee property on East Sunset Drive regarding right-of-way dedication. The Committee also reviewed two proposed subdivisions: 1) Ploeg/Schroeder on Manuella/Scarff area for three lot subdivision; and 2) Del Monte Developers on Three Forks Lane for five lot subdivision. Ms. Lytle explained that the two subdivisions were not on Site Development but Subdivision Planning Commission Minutes of February 11, 1987 Page3 Committee for a preliminary review of the proposed subdivisions, noting the Committee reviews the proposed tentative map, comments from reviewing agencies and committees, and makes a recommendation to forward the map on to the full Planning Commission for their review and approval or to send back to applicant for modification based on the outcome of the subdivision committee meeting. Commissioner Carico reported the Site Development Committee on February 10th approved an addition for Watters on Adonna Court; landscape plan, spa and driveway for Kennan on Saddle Court; swimming pool for Menard on Toyonita Road; garage addition for Seufferlein on Magdalena; and Subdivision Committee reviewed a Lot Line Adjustment for Miller on Rhus Ridge, recommending it be forwarded to the full Planning Commission for review. E. PRESENTATIONS FROM THE FLOOR: F. PUBLIC HEARINGS: 1. LANDS OF SERVENTI, 26884 DeZahara Way, Appeal of Site Development Committee decision regarding Right -of -Way Dedication Mr. Enright referred to Staff Report dated February 5, 1987, informing Commission on June 25, 1986, the Planning Commision enacted a policy decision regarding right-of-way for lots created prior to 1973 and having an increase in floor ara of greater than 25%, providing an alternative to right-of-way dedication if the existing road is fully improved and there is room for pathways and other uses within the existing right-of-way, the alternative is to require that any new structure must be at least seventy feet (70") from the centerline of the right-of-way. Mr. Enright indicated that the Servent"s would also want relief from the 70' from centerline policy, as they are in the process of requesting permission to construct an addition to their garage. Mr. Enright referred to action taken on Detrick property at 14227 Amherst Court, and additional supplemental information provided by Serventi's dated February 2, 1987. Mr. Enright recommended that the Planning Commission grant the appeal of the Serventi's and delete the condition to require dedication of five feet (5') of right-of-way from the conditions of approval for the site development permit. Commissioner Kaufman reported on behalf of the Site Development Committee meeting of January 6, 1987, that the additional road right-of-way dedication was required because of the Planning Commission policy enacted in June 1986, noting he did not feel it appropriate for the Site Development Committee to grant relief to the policy and that it was action that should be taken by the full Planning Commission. Planning Commission Minutes of February 11, 1987 Page4 The Public Hearing was then opened. Mr. Serventi, 26884 DeZahara Way, asked commission to grant his appeal of the additional road right-of-way dedication, informing commission he has presented his development plans to all his neighbors who have signed a letter dated February 8, 1987 (passed out to all commission and staff) noting they are all in favor of this proposal and object to the dedication of additional road right-of-way. The Public Hearing was then closed. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Yanez and passed by the following roll call vote to grant the appeal for dedication of additional road right-of-way for the Serventi's at 26884 DeZahara Way, as based on presentation from City Engineer's Staff Report of February 5, 1987. ROLL CALL: AYES: Commissioners Carico, Emling, Kaufman, Farmers, Yanez and Chairman Struthers NOES: Commissioner Stutz ABSTAIN: None MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Yanez and passed by the following roll call vote to establish the setback for the Serventi's, 26884 DeZahara Way at sixty-five feet (65') for the garage addition. ROLL CALL: AYES: Commissioners Carico, Emling, Kaufman, Patmore, Yanez and Chairman Struthers NOES: Commissioner Stutz ABSTAIN: None 2. LANDS OF BELLUCCI, FILE #CUP 3-84, 26220 Moody Road, Conditional Use Permit for operation of a non-profit recreation facility on the Adobe Creek Lodge Property, 1,750 family licensee members Ms. Lytle referred to Staff Report dated February 5, 1987, informed Commission the project is located at 26220 Moody Road on the majority of two parcels measuring approximately 60 acres in size, the map entitled "Use Permit Application", prepared by Nowack & Associates describes the topography of the property and the location of existing structures and improvements, surrounding property owners, etc. Ms. Lytle indicated the proposed use of the property is a private non-profit recreational facility with 1,750 family memberships, noting the proposal is for day use only with activities including, e.g., swimming, tennis, basketball, IVvolleyball, tetherball, ping pong, horseshoes, picnicing, hiking Planning Commission Minutes of February 11, 1987 Page5 and indoor recreational activities, there are no large or special events proposed, and food and beverage service will not be provided on the site. Ms. Lytle informed Commission that on the basis of information presented in the Final EIR, staff recommends that the required findings of Section 10-1.1107 (a) can not be made, referring to summary detailed in the February 5, 1987 Staff Report, noting while this summary does not include all impacts identified in the Final EIR, it does include some of those which staff finds most significant. Ms. Lyte indicated Staff recommends that: 1) the Planning Commission adopt a motion recommending denial of the Conditional Use Permit, based on an inability to make the necessary findings of Section 10-1.1107 (a), as documented in February 5, 1987 Staff Report; and 2) the Planning Commission not formally consider "reduced project alternatives" until information and analysis supporting these alternatives has been presented to the Town, as stated in the Executive Summary, Final EIR addendum. Ms. Lytle informed Commission the City Attorney has advised that the Committee act as a recommending body to the City Council on this item. Ms. Lytle informed Commission, that with regard to Mr. Gaither"s request of February 9, 1987 to continue considerartion, that the decision should be made by the City Council with the presence of the City Attorney. The Public Hearing was then opened Mr. Stephen Gaither, 140 Golden Oak Drive Tortola Valley, informed Commission he felt that Mr. Bellucci received a disservice by the quality of the EIR which was prepared, noting there were no mitigation measures which flowed from the document and that an appropriate membership level was not forthcoming. Mr. Gaither informed he is requesting continuance of the application so that we may provide further necessary data, noting he has asked an independent acoustical engineer to review the Final EIR and the Town's General Plan, asking for continuance of the Use Permit application and request a Study Session, as he felt a negative vote on may have negative impact on future applications. Mr. Gaither questioned if there is a Land Use Issue in regard to this property, does the Town want Recreation or Subdivision? Commission questioned who is authorized to act on this application, Mr. Gaither or Mr. Bellucci? Ms. Lytle informed Commission the City Attorney and City Manager have granted approval to a request by Mr. Bellucci to allow Mr. Gaither to act on this application. Ms. Lytle informed Commission of alternatives available: 1) Withdraw application on file; 2) receive denial without prejudice on application; recommending that the Commission dispose of this Use Permit and move along in order to clear up confusion related to proposed applications on file. Planning Commission Minutes of February 11, 1987 Page6 Commissioner Kaufman indicated there seems to be a general agreement on the insufficiency of the Final EIR prepared, noting that neither Bellucci or Gaither have brought up issues during the EIR process, noting the EIR does address the 1,750 membership and no other uses. Ms. Lytle informed Commission that the EIR has been certified, indicating the Planning Commission should not go on record to say it is inadequate, noting the document meets the CEQA requirements. Commissioner Patmore noted the EIR is adequate to show that the 1,750 membership proposed is too much. Commissioner Carico indicated she has reviewed Mr. Gaithers request for continuance, but feels concern over who is authorized to request this; noting the EIR is inadequate, although it has given applicant sufficient information to come in with a realistic application, and show the Town how it will be mitigated.. Chairman Struthers indicated there is a concern of creek restoration. Mr. David Bellucci, 26220 Moody Road, informed Commission he is the owner and applicant, noting he applied for Use Permit in June of 1984, put application on hold in April 1985 and reactivated in December 1985. Mr. Bellucci clarified that he did not hire Earth Metrics, the Town was the controlling agency and the lead agency in the EIR process, noting there is some good information that came out of the EIR, some illogical. Mr. Bellucci informed Commission Mr. Gaither is a bonafide buyer and hopefully he will be able to receive a Conditional Use Permit for the property, noting we realize that 1,750 membership might not work, but we should be able to arrive at a number for these facilities, noting he requests a Study Session with the Commission to arrive at an appropriate number of membership which would be viable, and if appropriate use for property is club or subdivision. Mrs. tells Carstan, 13761 La Paloma Road, questioned Commission on how does the applicant arrive at an appropriate number for a Club on 60 acres, if there are no guidelines set up for Country Clubs, asking for some sort of compromise and guidance. Commissioner Kaufman indicated he felt recreational use of this property is appropriate, 1,750 memberships is inappropriate, noting all of the 60 acres is not usable land, suggest that the applicant review the Final EIR and addendum for appropriate numbers, noting displeasure that applicant did not make any changes or modifications to the numbers applied for with this application. 4 Planning Commission Minutes of February 11, 1987 Page7 Mr. Gaither informed Commission that he has indicated to staff of his intention to withdraw or continue this application, noting he is not asking for negotiation on the proposed membership this evening. Commissioner Carico questioned if the Commission should recommend that the City Council make the decision of the application because Mr. Gaither is now acting as the Agent. Ms. Lytle noted this is an option, but indicated that Council would prefer a recommendation from the Commission. Commissioner Kaufman referred to Muncipal Code Section regarding approving body on Conditional Use Permits is the Commission. Ms. Lytle informed Commission again that the City Attorney has recommended that on this particular item, the Commission be only a recommending body to the City Council. Commissioner Carico indicated that she just received this information tonight that Mr. Gaither can act as an Agent, can he ask for continuance? Questioning if the City Attorney would allow us to continue based on information provided? Mr. Enright indicated the public hearing was still in process, and would suggest the Commission hold off on their comments and questions until everyone from the public has had a chance to ( speak. SII Mrs. Emling, 11853 Marietta Lane, informed Commission she knows of no change of the property ownership, and no power of attorney, noting she feels it important that Commission vote on this application tonight and make a recommendation to the City Council. Mrs. Carol Phy, 25616 Moody Road, referred to the past use of the club and the annoyance of both noise and traffic. With regard to previous statement by Mr. Gaither related to Land Use, Mrs. Phy indicated there is a definite issue; and encouraged the Planning Commission to uphold the recommendation by Staff in the February 5, 1987 Staff Report. Mrs. Maydan, 12000 Murietta Lane, informed Commission much time and money has been spent on this application and issues related to land use must be settled, asking Commission to deny the use of the property as a club, and expressed favor of a subdivision. Mr. David Proft, 26271 Moody Road, indicated the Planning Commission has a responsibility to address the issues, asking Commission to please make a recommendation to the City Council as staff has done an excellent job for recommendation of denial for the Use Permit for 1,750 memberships. Planning Commission Minutes of February 11, 1987 Page8 Mrs. Cindy Candau, 25777 Carado Court, referred to previous election with regard to the use of this property, asking if the Town wants a club or subdivision for this property, noting that if there are 1,750 member families, there could be 4 per family that is approximately 7,000 people; if Mr. Gaither has a purchase agreement he should have done is homework, noting he must know what the bottom line is for numbers in order to make a club work. Chairman Struthers noted the election was only to decide whether the Town would require a Conditional Use Permit for a Club, not whether to allow the club or not. Mr. Fred Pilster, 12002 Old Snakey Road, indicated this a beautiful rural area, quiet, traffic is limited, we have as a community expressed to Commission and Council we do not want commercial in our Town, indicating he would love to see the property left in open space, but it'd be far more open space if subdivided with landscaping, than with a club operation, asking Commission to reject the Conditional Use Permit application and review the General Plan for Land Use. Mr. Gay Pang, 12005 Moody Springs Court, report from the City Council made earlier by Commissioner Yanez did not include the action taken with regard to the certification of the Final EIR for the Adobe Creek Lodge and Country Club, noting the City Council unanimously approved and certified the Final EIR with modification to the Executive Summary stated in the Town Planner's Staff Report dated January 28, 1987, also referring to the time change of the City Council meetings, noting the notice of public hearing said 7:30 p.m. but the meeting started at 7:00 p.m. unfortunately residents arrived too late for the hearing. Mr. Pang referred to several documents which he prepared and supplied for use during the EIR process, noting not all of his questions have been answered, also referred to Mrs. Patmore's critque of the EIR on behalf of the Environmental Design Committee with regard to noise and traffic. Mr. Pang requested that the Commission follow through on Staff's recommendation as presented in the Staff Report dated February 5, 1987, and asked that the Commission address the land use issue, noting it should be determined if it should be open space or developed as subdivision. Mrs. Judith Zurbriggen, 11800 Murietta Lane, urged Commission to deny the subject Conditional Use Permit, and let the new owner apply for his application. The Public Hearing then closed. Ms. Lytle informed Commission the Land Use/Circulation Element of the General Plan is scheduled for our 2nd year program, which would be a minimum of one year from now, noting the zoning ordinance allows a recreation use on any property in the Town with a Conditional Use Permit. Planning Commission Minutes of February 11, 1987 Page9 MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Patmore and passed by the following roll call vote to recommend denial of the Conditional Use Permit for the Lands of Bellucci, File #CUP 3- 86 for the operation of a non-profit recreation facility on the Adobe Creek Lodge Property, 1,750 family licensee members to the City Council. ROLL CALL: AYES: Commissioners Emling, Kaufman, Patmore, and Chairman Struthers NOES: Commissioners Carico and Stutz ABSTAIN: Commissioner Yanez The decision of whether this application be with or without prejudice should be a determination made by the City Council. Commissioners Carico and Stutz both indicated their no votes was based upon their preferral to deny this application without prejudice. 3. Recommended revisions to Article 10, Chapter 1 of the Municipal Code, as made in the January 2, 1987 memo from the Zoning Review Committee `, Ms. Lytle referred to Staff Report dated February 5, 1987 and Update of February 11, 1987, informing Commission the City Council has referred the recommendation of the Zoning Review Committee to the Planning Commission for consideration and recommendation. Ms. Lytle noted staff has a few concerns related to the format or wording of the recommendations, and some comments about administration of the proposed changes, referring to the February 5, 1987 outline. Ms. Lytle informed Commission staff suggests that the Planning Commission discuss the merits of the proposals, make any further recommended modifications, and direct staff to prepare a draft ordinance and negative declaration to be agendized for public hearing. The Public Hearing was then opened. Mr. Lew Throop, 27272 Byrne Park Lane, encouraged Commission to consider portion of proposal which addresses overhangs, referring to his current application on file with the Town and necessity for a variance for a 95 sq.ft. deck due to newly adopted ordinance. Mr. Bob Stutz, 25311 Elena Road, with regard to Neary fines counting towards development area for pathways on private lots, what about someone who uses neary fines for parking area? Does development area count if person uses wood chips? Ms. Lytle informed Commission and Mr. Stutz that the use of Neary fines for parking area would count towards MDA, and the use of wood chips 41W Planning Commission Minutes of February 11, 1987 Page10 `. could be included in the list of exceptions for materials used for pathways. The Public Hearing was then closed. Commission and Staff reviewed and discussed the February 5, 1987 staff report, and January 2, 1987 zoning review committee report. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Stutz and passed by the following roll call vote that all overhang unsupported from the ground be excluded in the definition of development area. ROLL CALL: AYES: Commissioners Emling, Kaufman, Stutz, Yanez and Chairman Struthers NOES: Commissioners Carico and Patmore ABSTAIN: None Commissioner Carico noted she goes along with the Committee's original recommendation. MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Yanez and passed unanimously that walkways which shall be excluded from development area are specific non -building materials, i.e., ( tan bark; pea gravel and wood chips. MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Carico and passed by the following roll call vote that when turf block material is used for vehicular use it shall be counted 100%, includes parking area. ROLL CALL: AYES: Commissioners Carico, Emling, Patmore, Stutz and Chairman Struthers NOES: Commissioners Kaufman and Yanez ABSTAIN: None MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Emling and passed by the following roll call vote that a specific date for the Grandfather Clause be deleted. ROLL CALL: AYES: Commissioners Emling, Kaufman, Patmore, Stutz and Yanez NOES: Commissioner Carico ABSTAIN: Chairman Struthers Planning Commission Minutes of February 11, 1987 Pagell ` MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Patmore and passed by the following roll call vote to stay with current Minimum Development Area as set in Ordinance #305. ROLL CALL: AYES: Commissioners Emling, Kaufman, Patmore, Stutz, Yanez and Chairman Struthers NOES: Commissioner Carico ABSTAIN: None Ms. Lytle informed Commission staff will prepare a Draft Ordinance with recommendations and comments received this evening and return at a later date for review. G. NEW BUSINESS: 1. Request from Andrew Kjos, dated January 30, 1987, 14710 Manuella Road Ms. Lytle referred to Staff Report dated February 5, 1987 informing Commission Mr. Kjos is proposing a spa and deck addition, but his lot has a Lot Unit Factor below .5, noting he is proposing to remove an equivalent amount of development area to what is being added, as the ordinance requires a Conditional Development Permit for development projects on lots with LUF's below .5. Staff recommends that the Commission make a motion determining that this project is not subject to the CDP requirements of the Ordinance, noting the application is administrative level site development permit, and no additional development area or floor area is being proposed beyond the current non -conforming level. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Yanez and passed unanimously that the Lands of Kjos, 14710 Manuella Road property not require a Conditional Development Permit for application currently on file for spa and deck. 2. Commissioner Carico expressed concern over voting members of the Commission being chastised by other members of the Commission when making a motion, noting his or her vote is appropriate unless otherwise specified by the City Attorney. H. OLD BUSINESS: 1. Commissioner Yanez reported the City Council was receptive and willing to send two commissioners to the Planning Commission Institute, noting who ever is interested contact staff and arrangements will be made for one or two commissioners to attend. L Planning Commission Minutes of February 11, 1987 �Page12 I. ADJOURNMENT: There being no further new or old business, the meeting was adjourned at 11:35 p.m. Respectfully submitted, Leslie Mullins Planning Technician