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HomeMy WebLinkAbout06/08/1970PLANNING COMMISSION TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR MEETING June 8, 1970 Chairman Priscilla Weisbart called the Regular Meeting of the Planning Commission of the Town of Los Altos Hills to order at 7:48 P. M. at the Town Hall, 26379 Fremont Road, Los Altos Hills, California. The following members answered roll call: Present: Commissioners Corbett, Hibner, Lachenbruch, Perkins, Spencer and Chairman Weisbart. Commissioner McReynolds arrived at 8:00 P. M. COUNCIL REPRESENTATIVE: Mayor Walter A. Benson APPROVAL OF MINUTES: May 25, 1970. Commissioner Perkins moved, seconded by Spencer and carried unanimously, that the Minutes of May 25, 1970 be approved, with corrections on Page 3, to add Commissioners Lachenbruch and Hibner to the Private Road and General Plan Committee. The latter was named Chairman of the Committee. COMMUNICATIONS• 1. Referral from the Council re: single -zoned towns. A recent Pennsylvania Supreme Court overruled a town's ordinance which prevented multiple -dwelling units. Commissioner Perkins requested Staff to obtain the Town Attorney's reading. 2. Letter from Mr. J. B. Scurry, Jr. suggesting procedural changes, which he felt would speed up processing of applications before the Commission. Staff was requested to reply to Mr. Scurry. 3. Registrar of Voters advised any candidate so desiring may get back their Declaration of Assets statement, if he filed prior to the Court declaring them unconstitutional. 4. City Manager reported that the Official Guidelines of the Local Agency Formation Commission had been received. The guidelines were prepared to assist in the future development of Santa Clara County. COMMITTEE REPORTS: Mr. A. M. Laws reported on the LAFCO meeting and stated the acreage annexed by Cupertino straddled Stevens Creek Boulevard and was outside the Westridge Shopping Area and our Sphere of Influence. NEW BUSINESS: 1. PERMIT TO MOVE A BUILDING INTO LOS ALTOS HILLS - Application of Mrs. M. G. Steers (UP -344-70) to replace existing barn, 18' x 36' at 26989 Beaver Lane. Staff reviewed the application of Mrs. Mary G. Steers for a permit to move a building into the Town to replace an existing barn of comparable size. The ( building proposed to be moved is located at 4100 E1 Camino Real and was `' formerly a warehouse belonging to Ming's Restaurant. The City Manager illustrated with slides and transparencies the layout of the Steers lot and NEW BUSINESS: Steers cont'd.: surrounding area; the existing barn; and the one proposed to replace it. Staff suggested the Commission condition a favorable recommendation based on the existing barn being razed and the rubble removed; that the new building be placed in the same location, and that it be repainted to conform with the character of the environment. Chairman Weisbart opened the discussion to the Floor and Mrs. D. Miller, 13076 Vista del Valle Court, voiced the only objection. Mrs. Steers stated she wanted the building moved into the Town because she felt it attractive and its use would be for a barn. There being no further comments, the Floor discussion was closed at 8:10 P. M. Discussion of the Commission ensued as to whether to grant this permit would be in the applicant's and Townts best interests, as well as create no un- reasonable risk to the health, safety and welfare of the Town's residents. Commissioner Spencer felt no special circumstances existed, necessitating the permit be granted. Commissioner Perkins noted the applicant could reconstruct a similar building if she desired and paint it any color. Commissioner Spencer moved denial, but the Motion died for lack of a Second. MOTION, SECONDED AND CARRIED: Commissioner Hibner moved, seconded by Perkins, that the Planning Commission recommend to the City Council that the permit be granted to Mrs. Mary G. Steers to move a building into Los Altos Hills to replace an existing barn, with the conditions that the move be under jurisdiction of the Staff; no trees be cut; and the applicant to assume all risks, was carried by majority voice vote, with Commissioner Spencer voting No. Motion per criteria of Section 13:60 of Ord. #78 as amended, VARIANCES: 1. MUNOZ, ROBERT M. (V-343-70) - Request for reduction of front setback from 401 to 16161' for garage addition at 13460 Robleda Road, City Manager reviewed this application and illustrated the site with slides and transparencies. Staff comments were presented regarding the six criteria for variances required by Section 13:60(A) of Zoning Ordinance No.78. Protest letters submitted by a majority of the neighbors opposing the setback reduction were submitted, three letters representing seven property owners. Discussion was opened to the Floor at 8:55 P. M. Speaking against the setback request were: Mrs. Joseph Holly, 13454 Robleda Road; Mr. and Mrs. Alexander E. McDonald, 25621 Burke Lane; Mrs, Donald L. Everingham, 25620 Burke Lane; and Mrs. William H. Williams, 25611 Burke Lane. Speaking in his own behalf, was Mr. Munoz. Discussion centered around the road easement which is currently in litigation. Consensus was, until the Court resolves the status of the road easement, that the variance request of Mr. Munoz best be tabled. MOTION, SECONDED AND CARRIED: Commissioner Spencer moved, seconded by Hibner, that the variance request of Robert M. Munoz (V-343-70) for reduction of front setback from 401 to 161611 for a garage addition at 13460 Robleda Road be tabled until such time as the litigation resolves the status of the easement and/or the neighbors are in agreement as to the easement. Motion was carried by majority voice vote, Commissioner Perkins voting No. -2- VARIANCES: Munoz cont'd.: 40 MOTION, SECONDED AND CARRIED: Commissioner McReynolds moved, seconded by Hibner and carried by unanimous voice vote, that the Munoz variance request (V-343-70) be rescheduled for further consideration within six months. OLD BUSINESS: 1. MT. HELEN, DAUGHTERS OF CHARITY, ALTAMONT ROAD. (a) Use Permit (UP -340-70) - Request for Convent, School and Rectory, (b) Tentative Map (366-69) 2 lots, 45.30 acres. (a) Daughters of Charity Use Permit (UP -340-70): City Manager advised the Commission that the second reading of the amendment to the Zoning Ordinance,which would permit convents as Conditional Uses, was adopted at the June 1, 1970 Council meeting. Staff advised that Section 13:60(B)(1) of the Zoning Ordinance, No. 78, specifies that Conditional Use Permits may be granted only when it is found that: (a) The proposed use is properly located in relation to the community as a whole, land uses, transportation and service facilities in the vicinity. (b) The proposed site is adequate to accommodate the proposed use and it is reasonably compatible with land uses normally permitted, in the surrounding area. 60 (c) The roads serving the proposed site are adequate to carry the quantity and kind of traffic generated by the proposed use. (d) The proposed use will not adversely affect the abutting property or the permitted use thereof. Staff evaluated the criteria ((a) through (d) above) as follows: (a) The law building coverage, large open spaces around the proposed convent and low traffic generation seem to support this as a proper use in this low-density hillside portion of Los Altos Hills. (b) The site is quite ample in size and allows minimum setbacks of approximately 300 feet from all property lines except the line in common with the adjoining girls home also run by the Catholic Church. (c) The main entrance to the convent will be from Altamont Road which is deemed adequate for residential density traffic and the applicant has indicated that traffic to and from the convent will not exceed the intensity generated by residential development for an equivalent acreage. (The applicant has been asked to submit supporting material regarding traffic generation.) (d) The low intensity nature of the use and the adequate setbacks would seem to indicate that it would not adversely affect the abutting properties. City Manager presented Staff report recommending nine points be conditional upon granting this Use Permit. Commission discussion ensued regarding Staff recommendations, specifically point #4, which proposed "that the applicant shall dedicate an open space -3- OLD BUSINESS: Daughter's of Charity Use Permit cont'd.: �. easement to the Town over the portion of the site not required for the convent and its accessory structures and this dedication shall be recorded prior to the issuance of the building permit for the convent." The intent was to preserve open space. Speaking from the Floor, Mr, Gerald Ferrari, Counsel for the applicant, objected in that the dedication in perpetuity would outlive the Use Permit. MOTION, SECONDED AND CARRIED: Commissioner Spencer moved, seconded by Hibner and carried by majority voice vote, Commissioner McReynolds abstaining, that the Daughters of Charity Use Permit (UP -340-70) be recommended for approval by the City Council in accordance with Section 13:60(B)(1) of Ordinance No. 78; that further it be subject to Paragraphs #3 and #4 0£ the Fire Marshal's letter dated February 242 1970; and to also incorporate the following nine conditions: 1. The plot plan dated February 13, 1970, received March 6, 1970, and entitled "Proposed Residence for the Daughters of Charity, Los Altos Hills, California" is approved as part of this permit. The plot plan is deemed to be schematic. The final building plans and site develop- ment plans when reviewed by the Planning Commission will need to be found to be in substantial compliance with the approved plot plan. 2. The use of the property is restricted to a convent. There shall at no time be more than 70 persons residing on the parcel devoted to this use. Religious services at the convent shall not be open to the public. s Administrative headquarters for the west province of the Daughters of Charity are deemed an accessory use to the convent and limited to a resident staff of ten (10) persons. (Slope calculations supporting the proposed maximum of 70 persons will be submitted separately.) 3. The final building design for the convent and site development plan shall be subject to the review and approval of the Planning Commission. The purpose of this review shall be to ensure the compatibility of the proposed development with the quality and character of the surrounding properties. 4. Any additional building will require the applicant to obtain a new Use Permit. S. All conditions set forth in the letter from J. S. Farwell, Fire Marshal, dated February 24, 1970, shall be complied with as a part of the Use Permit. 6. This Use Permit shall not become effective until the Zoning ordinance of the Town has been amended to permit convents as conditionally permitted uses. 7. A soils and geologic report shall be submitted and found satisfactory by the Town Engineer prior to the issuance of a building permit for the convent. 8. The Use Permit shall not become effective until all conditions imposed on subdivision application separating the subject parcel from the larger parcel have been complied with. 9. The applicant shall submit an application for an amendment to Use Permit #264-66 limiting the uses approved as a part of that permit to Parcel A, as set forth in the plot plan referred to in Condition #1 above. OLD BUSINESS: Cont'd.: (b) Mt. Helen, Tentative Man (366-69) 2 lots, 45.30 acres. The Staff report presented to the Commission indicated the site would be split into two lots. 1. Parcel A will contain 13.99 gross acres and house the existing facilities for the Roman Catholic Orphanage Asylum of San Francisco. 2. Parcel E will contain 31.31 gross acres and is proposed as the location for the convent. A tentative Check List dated June 8, 1970 was submitted for review. Commission discussion evolved around the road in -lieu payment for Altamont Road and Moody Road. Staff had recommended that the road in -lieu payment be established at 30% of the amount normally required, since traffic generated would be substantially less than that from a residential develop- ment. It was noted that the full periphery of Parcels A and B was about 2100 feet. Thus at $11.00 a foot, 10056 payment would be $23,000 while 30% would be $69900. Speaking in response to a Commissioner's suggestion that payment be 100% road in -lieu, Mr. Ferrari stated it was an unfair burden to subdividers with frontages on two or more public roads to pay 100%. Several Motions by the Commission to establish a reasonable percentage failed for a majority vote. MOTION, SECONDED AND CARRIED: Commissioner Hibner moved, seconded by Perki.,;,^ and carried by majority voice vote, Commissioner McReynolds absta:n-ng, that Item 2 of the Check List specififying the amount to be paid Z,,r road in -lieu be left for the Council to determine and that the Plann'.ng Commission was recommending between 50 - 100%, but unable to arrive at an agreed percentage. Further discussion centered around the 20' wide easement along the frontage of Moody Road and the proper location for the horse path. MOTION, SECONDED AND CARRIED: Commissioner Perkins moved, seconded by Lachenbruch and carried unanimously, that the recommendations for the Tentative Check List be continued to resolve questions relative to the paths and other items #7 through #9. 2. PARKSIDE UNITS #2 and #3 (351-68) Tentative Maps. Bngr. Sandis & Assoc. Commission concurred to postpone discussion until the June 22nd meeting, as recommended by Staff and applicant. OTHER BUSINESS BY PLANNING COMMISSIONERS: 1. Because of the pressing work load, the Planning Commission agreed to hold a Special Meeting on Tuesday, June 16, 1970 at 7:45 P. M. at Town Hall. ADJOURNMENT: There being no further business, Chairman Weisbart adjourned the meeting at 12:01 A. M. TO: SPECIAL MEETING: Tuesday, June 16, 1970. NEXT REGULAR MEETING: Monday, June 22, 1970. 4 Reectfu�lllly submitted, TEV DI�ICL[J'L City Clerk TJK/mam- 6/8/70 -5- Town of Los Altos Hills