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HomeMy WebLinkAboutItem 3.1- � I TOWN OF LOS ALTOS HILLS January 27, 2005 Staff Report to the Planning Commission RE: REVIEW AND AMENDMENT OF THE CONDITIONAL USE PERMIT AT 27210 ALTAMONT ROAD (APN 182-28-039); LANDS OF LOS ALTOS HILLS (WESTWIND BARN); CUP #39-02. FROM: BrianFroelich, Assistant Planner APPROVED BY: Carl Cahill, Planning Director RECOMMENDATION That the Planning Commission Forward a recommendation to the City Council that the Conditional Use Permit be approved with the revised Conditions of Approval contained herein[. ALTERNATIVE The Commission may choose to deny the deletion of these conditions or continue consideration of this item to a subsequent meeting. SUMMARY The Westwind Barn is located on a Town owned 14.96 -acre site located at 27210 Altamont Road. The commercial stable has been operating under a Conditional Use Permit since 1977 (CUP #8022-77). A condition of approval requires the Planning Commission to review the Use Permit and conditions in conjunction with the lease extension and forward a recommendation to the City Council. Following the last review of the CUP by the City Council (October 2, 2003) a new condition (number two) was added to mitigate erosion on the upper hillside portion of the feeding pasture. This condition included fencing and restoring vegetation on the upper hillside area with a deadline of spring 2004. DISCUSSION Recently it was reported by Dan Alexander, President, Westwind Community Barn that there has been limited success in replanting this area over the past two years. Bam staff has fenced the area to keep horses out and seeded the area periodically. Currently the area in question is showing some signs of improvement with sparse, low growing vegetation. Mr. Alexander has thereby requested the Planning Commission rescind condition number two (see attached conditions October 16, 2003). Staff recently visited the area and 1 Please note: This recommendation is made in advance of public testimony or Commission discussion of the item. At the public bearing, these two factors, in conjunction with the staff analysis, will be considered by the Commission in their recommendation to the City Council. Planning Commission Lands of Los Alms Hills 27210 Altamont Road January 27, 2005 Page 2 of 3 concurs with Mr. Alexander. If the area remains fenced and animals are kept off the hillside, further erosion should be negligible and the area should continue to improve. The latest lease negotiations between the Town of Los Altos Hills and the Westwind Community Bam have enabled the Town's Parks and Recreation Department to build paddocks and house up to four horses onsite. The current Use Permit (condition number six) limits the number of horses to a maximum of 50. In effect, this would limit the commercial barn's capacity to 46. It is recommended that condition number six (see attached) be revised to allow 54 horses as a result of the lease negotiations. CURRENT CONDITIONS 2. The perimeter of the upper hillside portion of the feeding pasture shall be fenced. (CUP #24-02, amended September 12, 2002) The applicant shall initiate measures to control erosion on the upper hillside portion of the feeding pasture this winter and then return to the Planning Commission in the spring for a progress report. The pasture must be fully restored and revegetated not later than spring of 2004. (CUP#24-02, amended September 12, 2002) 6. The number of horses to be kept or maintained at this facility shall not exceed 50. (CUP #8022-77) It is recommended that the conditions be revised as follows: REVISED CONDITIONS 2. The perimeter of the upper hillside portion of the feeding pasture shall be permanently fenced and animals shall have no access to this area. 6. The number of horses to be kept or maintained at this facility shall not exceed 54. CONCLUSION It is recommended that current conditions two and six of CUP #24-02 and CUP #8022-77 respectively be deleted with the addition of revised conditions two and six above. Staff notes that future amendments to this CUP would be subject to Planning Commission review. ENVIRONMENTAL CLEARANCE (CEOA) The proposed amendments to the Conditional Use Permit are categorically exempt from the California Environmental Quality Act by provision of Section 15301, Class 1. Planning Commission Lands of Los Altos Hills 27210 Altamont Road January 27, 2005 Page 3 of 3 ATTACHMENTS I. Current Conditions of Approval H. Revised (DRAFT) Conditions of Approval III. Westwind Barn Site Map IV. Exhibit "A" Aerial Photo of the Upper Hillside Area V. Applicant's letter to request CUP renewal and deletion of conditions L:\USM%foehchN jmts - Cm t\5 -Phoning Commisioo\I-Staff Reports\Variances,CDPs, CUPS, FM Amend\Conditional Use Permit\Westwind B. CUP Iremonl Road 27210-SR(Jan-2005renewaq.doc Westwind Barn CUP Conditions of Approval ATI'ACHM October 2, 2003 ENT l -1- 2003 Westwind Barn Use Permit Conditions of Approval Master List A. PLANNING DEPARTMENT 1. All conditions of the Westwind Barn Conditional Use Permit approved by the City Council on April 20,1977 and as amended by the Planning Commission on January 9, 1985, April 26th, 1995 and September 12`h, 2002 shall be conditions of this approval. 2. The perimeter of the upper hillside portion of the feeding pasture shall be fenced. (CUP 24-02, amended September 12, 2002) The applicant shall initiate measures to control erosion on the upper hillside portion of the feeding pasture this winter and then return to the Planning Commission in the spring for a progress report. The pasture must be fully restored and revegetated not later than spring of 2004. (CUP #24-02, amended September 12, 2002) 3. In the event that any of the conditions of this permit are not satisfied, the Planning Department may cause a noticed public hearing to be sent to review whether the permit should be continued; and upon a showing of compelling public necessity demonstrated at the noticed public hearing, the Town may add, amend, or delete conditions and regulations contained in this permit. (CUP #11-95) 4. This permit does not authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. (CUP #11-95) 5. This Use Permit shall be issued in the name above and the life of this Permit shall run with the life of the ownership of the property or until it is amended or cancelled. (Property designated as parcel # A&4, 14.96 acres.) (CUP #8022-77) 6. The number of horses to be kept or maintained at this facility shall not exceed 50. (CUP #8022-77) 7. Any proposed new buildings or structures shall require an amendment to this Use Permit. (CUP #8022-77) 8. There shall be twenty-four (24) hour supervision of said premises by a competent attendant who is knowledgeable about horse care and authorized to see that the conditions of this Use Permit are met. (CUP #8022-77) 9. A business License shall be required and shall be renewed annually on January 1", as long as all conditions of this Use Permit have been met. (Amount of fee is specified by Section 3-1.209 of LAH Municipal Code.) (CUP #8022-77) 10. Staff, Planning Commission and City Council shall conduct an annual review of this Permit to assure compliance with conditions and all conditions shall be subject to amendments and/or additional conditions as deemed necessary by the City Council. (CUP #8022-77) Westwind Barn CUT Conditions of Approval October 2, 2003 -2- 11. All requirements of the Santa Clara County Health Dept. shall be met: a. Drainage from stables, corrals, pens, barns, etc... must not enter a natural watercourse. b. Animal quarters must be swept clean, sprayed and otherwise kept in a sanitary manner so as to prevent unnecessary odor, fly breeding and rodent attraction. 12. Manure shall be disposed of regularly by spreading, collection in an appropriate bin or removal from site. (CUP #8022-77) 13. All requirements of the Los Altos Fire Department shall be met as designated by the office inspecting the facility. (CUP #8022-77) 14. There shall be no external lighting, other than that needed for safety and security. All fixtures should be adequately shielded to prevent any nuisance to adjoining property owners. (CUP #8022-77) 15. All driveways, parking areas, and horse riding areas shall be maintained in a manner sufficient to control dust to a level compatible with adjoining uses. Except as otherwise permitted by this use permit liFe, -.�.fien B-.2-1 the cars of guests and visitors shall at all times be parked on the property. (CUP #8022-77) 16. Public riding instructions may be given. This shall be under the supervision of qualified instructors. (CUP #8022-77) 17. Parking of horse trailers limited to twenty-four (24) hours except for horse trailers not exceeding six (6) at any time, belonging to lessee or its management. Parking of the horse trailers shall be restricted to Lot 4. (CUP #8022-77) 18. Any horse breeding operations are to be conducted in an enclosed, discreetly located area during normal working hours and in a safe manner. (CUP #8022-77) 19. The applicant shall maintain existing trees and shrubs for landscaping to mitigate the visual impact from offsite. Such landscaping shall not interfere with buildings or the program at the site. The condition of the trees and shrubs shall be evaluated every spring and the replacement, as needed, to maintain the mitigation of off site view, shall occur by June 1 of each year. (Amended by Planning Commission January 9th, 1985) 20. All equipment necessary for the operation of the stable shall be kept in good repair. Equipment generating noise shall be subject to the Town's noise ordinance and a time schedule approved by the town. (Amended by Planning Commission January 9th, 1985) Westwind Bam C.U.P Conditions of Approval October 2, 2003 -3- 21. There shall be no more than five (5) horse shows per year, to be held between 9:00 A.M. and 5:00 P.M. A schedule of these shows and other scheduled events must be filed with the Town, in writing, at least seventy-two (72) hours prior to an event. Street and/or driveway parking will be allowed at the discretion of Town staff. When there is parking in the streets or driveway, parking attendants as requested by Staff will be present. (Amended by Planning Commission January 9`n, 1985) 22. Use of a public address system shall be limited to the permitted horse shows and for other special events with prior City Council approval, and used in such a manner as not to be a nuisance to the adjacent property owners. (Amended by Planning Commission January 91, 1985) ENGINEERING: 23. Any, and all, changes to the existing grading and drainage plan shall first be approved by the Engineering Department. No grading shall take place during the grading moratorium between November I and April 1 except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line. (CUP #11-95) (DRAFF) Westwind Barn C.UP Conditions of Approval January 27, 2005 1_ ATTACHMENT (DRAFT) 2003 Westwind Barn Use Permit Conditions of Approval Master List A. PLANNING DEPARTMENT 1. All conditions of the Westwind Bam Conditional Use Permit approved by the City Council on April 20,1977 and as amended by the Planning Commission on January 9, 1985, April 26th, 1995 and September 12th, 2002 shall be conditions of this approval. 2. The perimeter of the upper hillside portion of the feeding pasture shall be permanently fenced and animals shall have no access to this area. 3. In the event that any of the conditions of this permit are not satisfied, the Planning Department may cause a noticed public hearing to be sent to review whether the permit should be continued; and upon a showing of compelling public necessity demonstrated at the noticed public hearing, the Town may add, amend, or delete conditions and regulations contained in this permit. (CUP #11-95) 4. This permit does not authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. (CUP #11-95) 5. This Use Permit shall be issued in the name above and the life of this Permit shall ran with the life of the ownership of the property or until it is amended or cancelled. (Property designated as parcel # A&4, 14.96 acres.) (CUP #8022-77) 6. The number of horses to be kept or maintained at this facility shall not exceed 54. 7. Any proposed new buildings or structures shall require an amendment to this Use Permit. (CUP #8022-77) S. There shall be twenty-four (24) hour supervision of said premises by a competent attendant who is knowledgeable about horse care and authorized to see that the conditions of this Use Permit are met. (CUP #8022-77) 9. A business License shall be required and shall be renewed annually on January 1", as long as all conditions of this Use Permit have been met. (Amount of fee is specified by Section 3-1.209 of LAE Municipal Code.) (CUP #8022-77) 10. Staff, Planning Commission and City Council shall conduct an annual review of this Permit to assure compliance with conditions and all conditions shall be subject to amendments and/or additional conditions as deemed necessary by the City Council. (CUP #8022-77) 11. All requirements of the Santa Clara County Health Dept. shall be met: (DRAFr) Westwind Baru C.U.P Conditions of Approval January 27, 2005 -2- a. Drainage from stables, corrals, pens, hams, etc... must not enter a natural watercourse. b. Animal quarters must be swept clean, sprayed and otherwise kept in a sanitary manner so as to prevent unnecessary odor, fly breeding and rodent attraction. 12. Manure shall be disposed of regularly by spreading, collection in an appropriate bin or removal from site. (CUP #8022-77) 13. All requirements of the Los Altos Fire Department shall be met as designated by the office inspecting the facility. (CUP #8022-77) 14. There shall be no external lighting, other than that needed for safety and security. All fixtures should be adequately shielded to prevent any nuisance to adjoining property owners. (CUP #8022-77) 15. All driveways, parking areas, and horse riding areas shall be maintained in a manner sufficient to control dust to a level compatible with adjoining uses. Except as otherwise permitted by this use permit przovided in Genditien B.2, the cars of guests and visitors shall at all times be parked on the property. (CUP #8022-77) 16. Public riding instructions may be given. This shall be under the supervision of qualified instructors. (CUP #8022-77) 17. Parking of horse trailers limited to twenty-four (24) hours except for horse trailers not exceeding six (6) at any time, belonging to lessee or its management. Parking of the horse trailers shall be restricted to Lot 4. (CUP #8022-77) 18. Any horse breeding operations are to be conducted in an enclosed, discreetly located area during normal working hours and in a safe manner. (CUP #8022-77) 19. The applicant shall maintain existing trees and shrubs for landscaping to mitigate the visual impact from offsite. Such landscaping shall not interfere with buildings or the program at the site. The condition of the trees and shrubs shall be evaluated every spring and the replacement, as needed, to maintain the mitigation of off site view, shall occur by June 1 of each year. (Amended by Planning Commission January 9th, 1985) 20. All equipment necessary for the operation of the stable shall be kept in good repair. Equipment generating noise shall be subject to the Town's noise ordinance and a time schedule approved by the town. (Amended by Planning Commission January 9`h, 1985) 21. There shall be no more than five (5) horse shows per year, to be held between 9:00 A.M. and 5:00 P.M. A schedule of these shows and other scheduled events must be filed with the Town, in writing, at least seventy-two (72) hours prior to an event. Street and/or (DRAFT) Westwind Bun C.U.P Conditions of Approval January 27, 2005 -3- driveway parking will be allowed at the discretion of Town staff. When there is parking in the streets or driveway, parking attendants as requested by Staff will he present. (Amended by Planning Commission January 9t", 1985) 22. Use of a public address system shall be limited to the permitted horse shows and for other special events with prior City Council approval, and used in such a manner as not to be a nuisance to the adjacent property owners. (Amended by Planning Commission January 9t°, 1985) ENGINEERING: 23. Any, and all, changes to the existing grading and drainage plan shall first be approved by the Engineering Department. No grading shall take place during the grading moratorium between November 1 and April 1 except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line. (CUP #11-95) Attachment III SITE MAP Lands of Los Altos Hills (Westwind Barn) 27210 Altamont Road •w•^^ •^INMJ1 No. 4190 irrw mw w,,n P.M.44O-M-2 pVrcl�� a �� mxse \ R.O.S. 75/47 pLT NM011S .sruo- , i 34 6• 11.0 AC PCL2 I" = 200 PC41 ,'1 LIO AC NET !4PCL B Westwind �.' \i102 AC ;yI .rnao- fa 'a, I.01 ACA ?` Barn A .4 aY ° ,p P-_n_�.??_._.Y' site^ 1.91 AO NET PCL 3 PCL C{ C \ 1.99ACNET, •/,� 1129 AC NET) uirc�nxe Zj\ �p�' Upper Hillside Area Q1 43 `.r ' of the Feeding Pasture 1.90 AC 37 39 6 +A6 er IMA =NE TOWN OF LOS ALTOS HILLS PCLb PCL. A N. (1327 AC NET) 23 � � 9 2.40 AC P.M.361•M•51 \ e � e r., F, yi p � a ATTACHMENT \/ WESTWIND COMMUNITY BARN 27210 Altamont Road, Los Altos, California 94022 Telephone(650) 941-6113 wwwwcstwlndbam rom November 26, 2004 City Of Los Altos Hills 26379 Fremont Road Los Altos Hills CA 94022 Attention: Mr. Carl Cahill, Planning Director RE: File #39 -02 -CUP 27210 Altamont Road Conditional Use Permit Renewal Dear Mr. Cahill, . This is to request renewal of the above CUP. As far as we know, we are in compliance with all of the requirements of the CUP except as follows: # 2. We have fenced the referenced area so that the horses can no longer go there, as required. However, although we have made a sincere effort for the last two years to make grass and/or wildflowers grow there, our work has resulted in growing only an occasional California Poppy . The reason is, the ground is so bud that the seeds cannot put down roots. If the ground is that hard, we do not believe there will be any further erosion as long as we keep the horses off of it. This is to request that provision #2 of our use permit be dropped. 46 In Accordance with our Lease Renewal this year, the Town's Parks and Recreation Dept is allowed to build paddocks for and maintain four horses at Westwind Barn. Thus the number of horses allowed at Westwind needs to be raised to 54. We appreciate the help and cooperation of the planning department, the engineering department, and the maintenance departments of the City of Los Altos Hills without whose cooperation it would be much more difficult to run a successful operation at Westwind Bam. Sincerely, Dan Alexander President