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HomeMy WebLinkAbout06/26/1972PLANNING COMMISSION TOWN OF LOS ALTOS HILLS ( MINUTES OF A REGULAR MEETING �/ June 26, 1972 REEL PC -8: SIDE I, TRACK 2 - FOOTAGE 665 - END REEL PC -8: SIDE 2, TRACK 2 - FOOTAGE 00 - 1001 Vice -Chairman James Mueller called the Regular Meeting of the Planning Commission of the Town of Los Altos Hills to order at 7:50 P. M. at the Town Hall, 26379 Fremont Road, Los Altos Hills, California. The following members answered roll call: Commissioners Lachenbruch, Perkins, Spencer, Welsbart, and Vice -Chairman Mueller. Absent: Commissioner Magruder and Chairman McReynolds. CITY COUNCIL REPRESENTATIVE: Councilman Stan Grabowski APPROVAL OF MINUTES: June 12. 1972. Commissioner Spencer moved, seconded by Perkins and carried unanimously, that the Minutes of June 12, 1972 be approved as submitted. COMMUNICATIONS: None. ANNOUNCEMENTS: None. COMMITTEE REPORTS: 1. Commissioner Spencer reported he had attended the June 22nd Planning Policy Committee meeting, noting the PPC received two awards for excellency In planning from the American Institute of Planners, and that the Countywide Baylands Plan was discussed and continued to the next meeting. 2. Commissioner Spencer further reported his attendance at the PPC Hillside Study Session, at which time the plans and goals for hillside development were dlscusse, and the subject matter reorganized for a more orderly presentation at the next meeting. 3. Commissioner Welsbart reported that, as Planning Commission representative to the June 19th Council meeting, she was requested to relay to the Commission a complaint of the length of Its recent meetings and the fact the Study Sessions were at the beginning of the meeting. Commission concurred that It was extremely Important to have at least one hour per meeting for a Study Session for environmental discussion and that t h e reorganization of the Planning Comm lssion was a step In the right direction and would possibly dictate when the Study Sessions will occur. 4. Commissioner Lachenbruch questioned the status of the revisions to the Zoning Ordinance, noting a great deal of study had gone Into the revisions, Including Council adoption of the Interim Ordinance No. 194 relating to slope density. He felt that these refinements were of sufficient completeness to enact Into a permanent ordinance for regulation of the Town and Its environmental protection. MOTION, SECONDED AND CARRIED: Commissioner Lachenbruch moved, seconded by Spencer and carried unanimously, that the Planning Commission request the City Council to proceed with hearings on the proposed revised Zoning Ordinance by ` Instructing the City Attorney to review the draft and ordering Public Hearings held before the Planning Commission, with recommendations to the City Council. ADJOURN TO STUDY SESSION: REEL PC -8: SIDE I, TRACK 2 - FOOTAGE 799 to 955. I. REVIEW LETTER BY GEORGE G. MADER, TOWN PLANNER, TO SCAPPO RE: DRAFT 5 - JOINT CITIES/COUNTY HOUSING ELEMENT PROGRAM Discussion was held on Town Planner's draft letter to The Housing Advisory Committee dated June 22, 1972, previously sent to the Commissioners. Commission concurred that this letter expressed the philosophy as discussed at their June 12th meeting, but questioned whether the letter should be sent by the Planning Commission or recommend submittal by the City Council. Counsel was requested from Councilman Miller, who was in attendance, and she was of the opinion that it should be sent by the Commission. Therefore, the Planning Commission directed Staff to prepare in final form an exact wording of Mr. Mader's draft letter and send to The Housing Advisory Committee, a Subcommittee of the Planning Policy Committee of Santa Clara County and signed by the Vice -Chairman of the Planning Commission, with a copy to the City Council. 2. REVIEW BIKE ROUTE SYSTEM, PROGRESS REPORT 111. Commission concurred that a presentation from Mrs. M. Saviano, Chairman of the Pathway Committee, would be In order before discussing this Item; however, Mrs. Saviano was not present at this order of business and the matter was deferred to the end of the meeting. 3. DISCUSSION ON PROPOSED SETBACK REQUIREMENTS FOR SWIMMING POOLS AND TENNIS COURTS. Since the review of the Bike Route System was postponed, discussion on this Item was taken during the remaining Study Session period. As a result of discussion regarding variances for tennis courts at the June 12th Planning Commission meeting, Town Planner George G. Mader submitted a memo dated June 22, 1972, suggesting several means of Introducing some flexibility Into the Zoning Ordinance to permit swimming pools, tennis courts and similar unroofed structures to come no closer than 15 feet to property lines, other than along streets, subject to (a) no structure shall occupy more than 5% of the total area between the required 30' setback line and property lines on any one parcel, (b) Planning Commission has right to levy conditions on such deviations, such as, landscaping, lighting limitations, etc., (c) notice to adjacent owners, and (d) Commission must find that the proposed deviation will not adversely affect adjoining or nearby properties. Mr. Mader explained that this procedure would still require fees and public hearings, but would aid In the location of accessory buildings, reduce the notices to owners within 300' to four or five adjacent owners, require only one finding (d) as opposed to the six findings required by the variance procedure, allow a good screening by landscaping within the 15' setback line, and still allow the Comm lssion to set limitations. It was also proposed that accessory buildings that do not require much grading could be placed In this 15' setback and also the thought that if a neighbor requested a variance, an agreement could be reached with the adjacent neighbor to retain the 60' separation by not building within this self -Imposed setback line. Commission discussion ensued, the consensus being that the suggestions were worthy of discussion, but at present a change in the ordinances would be premature. The Commission concurred that this matter should be considered In detail by either a subcommittee of the Planning Commission or held In abeyance until the reorganization Albw of the Planning Commission. -2- RECESS: 9:00 - 9:10 P. M. RECONVENE TO REGULAR SESSION: 1160 I. TENTATIVE MAP FOR JOSEPH SZABO (340-68) 2 lots Alta Lane South. SI, T2-956 Staff reported that this Item was continued from the June 12th meeting to allow the applicant time to resolve the dralnfield problems with the Health Department. In a letter dated June 22, 1972, the Santa Clara County Health Department acknowledged there Is sufficient dratnfleld area for the required 600' plus 100% expansion on Lot #2, and that the septic tank for Lot #1 is also satisfactory. Further, Mr. Szabo has been able to acquire one-third of an acre, Increasing the total gross acreage to 2.94 acres. The new net acreage Is 2.65, and the required acreage for two sites under the present slope density ordinance Is 2.78 acres. Therefore the only exception requested to slope density is very minor - .13 acre. City Manager Pro Tem, Jerry H. Crabtree, stated there was an alternate proposal which would meet slope density requirements but was not feasible, i.e., a dog leg easement over Lot #1 to serve Lot #2. Using the proposed driveway easement to Lot #2 Is the best soluflon, even though shy of acreage. Following discussion, Commission concurred with the City Manager Pro Tem that the better design Is more desirable, and that the applicant has demonstrated to the best of his ability, by acquiring the 1/3 acre, reasonable compliance with slope density requirements and that dental would result In an unnecessary hardship. MOTION, SECONDED AND CARRIED: Commissioner Welsbart moved, seconded by Spencer and carried unanimously, to prepare the Check List. Check List was prepared, and In addition to the normal requirements, the following conditions were included: reservation of a 15' wide easement along the west property boundary for Alta Lane South and Improve Alta Lane adjacent to the subdivision to Town Standards for a cul-de-sac to the satisfaction of the Town Engineer; no paths were required; Install fire hydrant and pay fire hydrant fee per Fire Department letter of May II, 1972; and Conditional Exception permitting the lots on the proposed right of way rather than the required 40' right of way for cul-de-sac. MOTION, SECONDED AND CARRIED: Commissioner Spencer moved, seconded by Lachenbruch and carried unanimously, that the Commission recommend to the City Council that the variance request of Joseph Szabo (V-370-72) for reducing the slope density require- ments by .13 acre be approved, In accordance with the six criteria of the Town's Municipal Code, Section 9-5.905(b). MOTION, SECONDED AND CARRIED: Comm issloner Spencer moved, seconded by Lachenbruch and carried unanimously, that the Comm iss)on recommend to the City Council that the Tentative Map of Joseph Szabo (340-68), 2 lots, Alta Lane South, be approved in accordance with the conditions of the Check List. 2. TENTATIVE MAP FOR PAUL I. MYERS, JR. (387-72), 5 lots, Julietta Lane. Engr. P. Nowak. COUNCIL REFERRAL. Sl. T2 - 995 _..._ At their June 19th meeting, the City Council returned Mr, Myer's application to the Planning Commission for more explicit objections as to why the emergency fire road from Juliette Lane should not be used for access to Lot #5 and to have the Commission reconsider alternate requirements for Lot #5 to participate In future road Improve- ments rather than deny building site approval at this time. Commission discussion ensued, clarifying Council's request as follows: -3- WERS TENTATIVE MAP -COUNCIL REFERRAL cont'd.: Support for access from Chaparral Way to lot #5: 6r I. From a planning standpoint, the overall development of this particular part of Town will be dependent on Chaparral Way and will be Improved In the future. 2. A deed restriction running with the land can be Imposed on Lot #5 to bind the owner to participate In a future Improvement district. 3. The building site portion of Lot #5 Is very accessible to Chaparral Way and Is the logical access. 4. Access from Juliette Lane via the emergency fire road would destroy the peaceful, rural atmosphere by a through paved road and the use would change by generating dally traffic. The fire road should remain Inconspicuous as possible. 5. Path easements are over the emergency fire road. Opposition to access from Chaparral Way to Lot #5: 1. Chaparral Way Is difficult and dangerous, not likely to be improved in the near future. 2. There Is no difference In driving time between the access from Juliette Lane via Altamont Road and from Moody Road via Chaparral Way to Lot #5. The applicant, Mr. Paul I. Myers, Indicated preference for access from Juliette Lane, but with a deed restriction that the future owner of Lot #5 would be willing to vote for an assessment district for Chaparral Way when proposed and pay his proportionate share. MOTION AND SECOND: Commissioner Spencer moved, seconded by Perkins, that Lot #5 shall be a building site and that access be from Juliette Lane until such time as Chaparral Way Is improved to Increase Its safety, with a deed restriction Indicating the owner of Lot #5 will participate in such development of Chaparral Way. VOTE: AYES: Commissioner Spencer and Vice -Chairman Mueller. NOES: Commissioners Lachenbruch, Perkins, and Welsbart. ABSENT: Commissioner Magruder and Chairman McReynolds. MOTION WAS REJECTED BY A 3 TO 2 VOTE. MOTION, SECONDED AND CARRIED: Commissioner Perkins moved, seconded by Welsbart, the Commission recommend to the City Council that the Approved Check List dated June 12, 1972 for the Tentative Map of Paul I. Myers, Jr. (387-72) be amended as follows: "ADDITIONAL CONDITIONS: D. Lot #5 shall be a building site and Chaparral Way shall be the access to Lot #5, but have a deed restriction running with said lot that the owner shall participate in the development of Chaparral Way at such time an assessment district Is formed."; all other conditions of the June 12, 1972 Check List shall apply, was carried by the following roll call vote: AYES: Comm issloners Lachenbruch, Perkins, Welsbart, Vice -Chairman Mueller; NOES: Commissioner Spencer; ABSENT: Commissioner Magruder and Chairman McReynolds. Commissioners were of the unanimous opinion that the emergency fire road across Lots #3 and #5 should be constructed so as to be as Inconspicuous as possible (gravel and that the "accidental" paving of the fire road from Julietta Lane across Lot #4 (formerly a part of Tract #4897) should be resurfaced to be consistent with the entire length of this emergency fire access road. Pathway Committee Chairman, Mrs. M. Savlano, questioned whether the chaining of the fire road would affect the equestrian and pedestrian easement. Commission directed Town Engineer to work out Its location In connection with the Improvement plans. -4- 3. REQUEST FOR VARIANCE IN SIDE AND REAR YARD SETBACKS (V-371-72) FOR TENNIS COURT AT 26756 PALO HILLS DRIVE. APPLICANT: LEE J. KUBBY (continued from June f2th meeting.) S2 T2-423 - City Manager Pro Tem read letter submitted by the applicant dated June 20, 1972 (received at Town Hall June 26) and Indicated a map overlay showing three alterna- tives to the original request had also been received this date. MOTION, SECONDED AND CARRIED: Comm issloner Perkins moved, seconded by Spencer, that this matter be continued to the July 17th meeting, with individual maps of the alternatives suggested be provided to the Commissioners In sufficient time for proper review. Commission discussion ensued as to the new arguments presented by the applicant, with Floor participation by Mr. Lee J. Kubby speaking In support of his variance request; Dr. Beryl Mell, 26875 Ortega Drive, who spoke in opposition to the variance; and Mrs. M. Saviano, who spoke of the need for study on tennis court and swim Ing pool variances as not being the usual variance and should be considered In the spirit of the ordinance and not to the letter of the law. VOTE: Motion to defer to July 17th meeting waspassed unanimously. 4. REQUEST OF JOHN I. QUIMBY FOR REVIEW OF DECISION OF THE SITE DEVELOPMENT COMMITTEE RE: DRIVEWAY GRADING AT NEW RESIDENCE AT 12797 LA CRESTA DRIVE. S2 T2-558 City Manager Pro Tem reported this Item was continued from the May 8th Planning Commission meeting pending a reading from the City Attorney. Letter dated May 15 from the City Attorney was read, which advised It was his opinion that Section 9- 3.406 of the Los Altos Hills Municipal Code Is to be Interpreted exactly as written, that Is, that driveway grading may be accomplished within 10 feet of the property line at any point or points and for any distance approved by the Site Development Committee. Due to the lapse of time between the first hearing and this date, the Commission did not have the complete file before them and discussion ensued as to whether this matter would be more appropriately heard before the Council for their action; how- ever, Mr. Quimby stated he preferred a recommendation from the Planning Commission as to whether a violation existed. Therefore, Staff was directed to resubmit the entire file to each Commissioner and continue this matter to the July 17th meeting. 5. REQUEST FOR VARIANCE IN SIDE YARD SETBACK (V-373-72) FROM 30' to 26' FOR CABANA AND FROM 30' TO 12' AND 18' FOR TENNIS COURT AND TO PERMIT 10' HIGH FENCE WITHIN SETBACKS AT 10520 SUNDOWN CANYON WAY APPLICANT: RALPH PELLIGRA. S2.T2-680 Town Planner, George G. Mader, reviewed his memo dated June 20, 1972, stating the variance appears Justifiable, but if approved, the approval should be conditioned upon certain requirements for grading, utility and storm drainage easements, the natural drainage channel, landscaping, and lighting. City Manager Pro Tem Jerry H. Crabtree read letter of objection from Dr. and Mrs. M. James Whitelaw, 10475 Albertsworth Lane, dated June 21, 1972, noting that Dr. Whiteiaw was on the border of the 300' Notice of Hearing requirement and that signatures of approval had been obtained by the applicant from the adjacent property owners. `r Mr. Crabtree also noted that should the variance be granted a storm drainage ease- ment should be moved outside of the north corner of the tennis court, that a -5- IDELLIGRA VARIANCE cont'd.: retaining wall on the west side of the court should be built to prevent damage to future dralnlines and have the approval of the Santa Clara County Health Department, and that the cabana should be moved out of the public utilities easement where overhead wires exist. Dr. Pelligra stated he Intended to rotate the tennis court as much to the north as possible thereby reducing the variance by about 101 and will put In a retaining wall. He did, however, request that the storm drainage easement remain, and, if any drainage problem resulted, he would take up the tennis court as he would be the only one affected by any drainage problem. MOTION, SECONDED AND CARRIED: Commissioner Perkins moved, seconded by Spencer and carried unanimously, that Dr. Ralph Pelligra's variance request (V-373-72) be continued to the July 17th meeting and that new maps be submitted showing the least amount of variance needed and that the location of the easements be resolved and then clearly delineated on the map. 6. REQUEST FOR VARIANCE (V-366-72) TO ENCROACH 30' INTO REQUIRED 301 SETBACK FOR TENNIS COURT AT 25698 ELENA ROAD. APPLICANT: HOWARD W. STOKES. (Continued from June 12th meeting) S2 T2-950 The applicant has requested continuance to the July 17th meeting. Commission concurred. 7. APPROVE RESPONSE TO SCAPPO RE: DRAFT 5 - JOINT CITIES/HOUSING ELEMENT PROGRAM. S2 T2-952 Refer to Study Session on this Item, Page 2. 8. DISCUSSION AND ACTION ON PROPOSED SETBACK REQUIREMENTS FOR SWIMMING POOLS AND TENNIS COURTS. S2. T2-952 _ This Item was taken as a Study Session Item. See Page 2. 9. DISCUSSION AND ACTION ON COUNTY BIKE ROUTE - REPORT ill. S2, T2-952 Mrs. M. Savlano, Chairman of the Pathway Committee, reported that while supporting the concept, the map delineating the major route was not clear and a clarification Is being requested from the County. ADJOURNMENT: S2, T2 - 1001 There being no further business, the meeting was adjourned at 12:01 A. M. to: NEXT REGULAR ADJOURNED MEETING: Monday, July 17, 1972, 7:45 P. M., at Town Hall. Respectfully submitted, ��- JERRY H. CRABTREE City Manager Pro Tem mam-6/26/72 Town of Los Altos Hills -6-