HomeMy WebLinkAbout05/09/1973PLANNING COMMISSION
TOWN OF LOS ALTOS HILLS
MINUTES OF A REGULAR MEETING
Preceded by a Study Session
May 9, 1973
Study Session
Reel PC 15; Side 2; Track 1 000-298
The Study Session of the Planning Commission of the Town of Los Altos Hills
met at 8:00 p.m., with Vice -Chairman Mueller presiding.
A. ITEMS FOR DISCUSSION
I. Review of Section 9-5.504 (b)(2) of the Municipal Code relating to
setback lines.
As a result of the request for building permit made by Mr. and Mrs. Robert
Robson, Item 2 under New Business In the minutes of April 25 Commission
Meeting, the Commission requested that Mr. Lawson and Mr. Mader take
necessary steps to amend Section 9-5.504 (b)(2) of the Municipal regarding
setback lines, to Include all right-of-way easements, as well as property
616 lines, with respect to setback requirements.
Mr. Lawson Informed the Commission that during the week he had talked
to the City Attorney, Robin Falsant, and that he felt that the Ta -,-n would
have to grant the building permit to Mr. and Mrs. Robson because of the
ambiguity of the wording in the Ordinance.
Mr. Lawson reviewed the proposed change to the Ordinance. He Informed
the Comm!ssion that the City Attorney said that the wording used In the
ama,idod Ordinance could be anything that the Commission chose.
Mr. Lawson informed the Commisslon that the normal procedures followed
for an amendment to the Zoning Ordinance would be to schedule It for
public hearing. He also pointed out that in special emergency situations,
the Commission could recommend to the City Council that an Urgency
Ordinance be adopted and that they take Immediate action on the Item.
Mr. Lawson felt that since this Ordinance has been in existence for such
a long time, it may not qualify as an Urgency matter and he would consult
the City Attorney during the week and take the necessary steps to insure
that the matter did cone before Council at Its next meeting.
After reviewing the proposed amendment, the Commission approved the
fol lowinc changes in the wording and instruc+ad Mr. Lawson to forward
the nronosed a.rdment on to the Council for adoption as an Urgency
Ordinance.
Lime
Sec. 9-5.504. SETBACK LINES
(b) The setback fine for any structure shall be:
(1) Forty (40') feet from the nearest line of any public or
private street, right-of-way easement for vehicular access or official
plan line. Where a lot abuts on more than one such street, of easement
or official plan line, the forty (401) foot setback line shall be required
from only one such preper4y-+4eel street easement or official plan line.
In such instances, the property owner may select the 40' setback preperfy
line provided such choice, in the opinion of the City Manager or his
authorized representative, will not be Injurious to adjacent properties
or the public Interest; and
(2) Thirty (30') feet from the nearest of the property lines,
any blit or private streets right- Sway easements for vehicular acces!
or official plan lines In all other Instances.
2. Report from Town Planner, George Mader, on cost and services
available from private fl rms In regard to the Geological Hazard
Study Program portion of the Budget.
Tom Vlasic, George Mader's assistant, Informed the Commission that,
because of the unavailability of one of the parties Involved with the
Geological Hazard Study Program, Mr. Mader would be unable to present
the necessary information before the Commisslon at this time, but that
It would be scheduled as an Item for Discussion on the Commission Agenda
for the Regular Meeting of May 23, 1973.
Mr. Lawson pointed out that since May 16 would be the first time that
the Council will review the proposed budget In a public hearing, It would
not hurt their time schedule to postpone the discussion on the Geological
Hazard Study Program.
3. Request from County of Santa Clara to review the proposed Use Perm!',
application of Alta F. Wilder, County File No. 4P73.3 (within
Los Altos Hills sphere of Influence)
Tom Vlasic advised the Commission that we had received a request from the
Country of Santa Clara to review and comment on the Use Permit application
of Alta F. Wildo-.
The property is Ironed In the County off Magdalena and Ravensbury on
Crastriage Drive. There are three parcels on the Assessor's books under
one --sncrshlp.
Mrs. Wilder Is asking for essentially a revision to acreage, however,
undr.r the Mronte Bello Ridge Interim Zoning Ordinance a five -acre minimum,
or through a Use Permit parcels no less than 40,000 square feet, are
required. She Is asking for a Use Permit, therefore, for two parcels of
approximately one acre each in size.
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Tom Vlasic said that the configuration of the proposed parcels Is very
poor and that the Town should make some comments In regard to this
lk configuration.
fir' After discussion, the Commission Instructed Mr. Vlasic to have George
Mader prepare a strong letter to the Santa Clara County Planning Commission,
stating that we do not feel that the configuration Is acceptable in this
request and would only lead to problems with future owners of the property.
The Commission Instructed Mr. Vlasic to have George Mader sign the letter,
but to state in It that it was based on their review of the referral.
4. Discussion of proposed City Charter and the Inclusion of the Town's
basic zoning philosophy In such a charter.
Commissioner Perkins gave an In-depth explanation of the background
of the City Charter versus the General Law form of City Government. He
pointed out that there are positive and negative aspects to each approach,
but that the Charter approach Is not as desirable as It once was. He
further stated that he would rather maintain Los Altos Hills as a General
Law City and ensure the permanent establishment of residents wishes on
zoning through the Initiative Ordinance procedure.
The Initiative Ordinance would Involve circulating a petition stating
what the people would like to see In an Ordinance. When the correct
number of signatures are obtained and certified, the matter would be
brought before Council and the Council can take action one of two ways.
The Council can act favorably and adopt the provisions desired by the
slgnators or they can act negatively, In which case the proposal would
then go to a special election. If the Ordinance Is approved by the voters,
the Council can make no changes In It. A4.r,2'j!� �2,f
K% Falsant advised Commissioner Perkins, during their discussion
that a General Law City could not use the
10'..iative Ordinance measure. Mr. Falsant said that their next choice
wou'I be to go Charter.
Comm!ssloner Perkins said that our position now is that It must be reviewed
by Council and that the Council has asked for a staff report. Two staff
reports have been filed, based primarily on two documents: (1) A report
prepared by Mrs. Reid, staff attorney for the League of California Cities
en.;; (2) the City Charter of the City of Del Mar which Is a single-.;urposa
Chc ar.
Commissioner Perk:!,3 said that he talked Ir length with the Del Me," City
Trea:::,rer, Mrs. Cc:-:' ebcuT the pros an cons of going Charter.
Mrs. Currie pointed _u' that their charter works very well.
Commissioner Perkins felt that the Town could go through the Charter
pros^ss, putting t..a zoning matter In the C`larter framework in appropriate
terms and puttin, :l othar matters, outside of zoning, under General Law,
Sim! lar to the Doi i4ar approach.
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Commissioner Perkins Indicated that only through long and careful study can
4 the Commission make a recommendation to forward to the Council.
Commissioner Magruder pointed out that In over 400 cities in California,
only 75 over the last 75 years have adopted a Charter. Most of those
were adopted around 50 years ago. Commissioner Magruder felt that It
would be a good Idea to not only talk to those cities who have adopted
the Charter approach and are satisfied with it, but to talk with cities
like outselves who have considered the Charter Issue and turned it down.
An example of such a City would be the City of Los Altos.
After discussion, the Commission agreed that the City Attorney should
look further into the possibilities of Charter City versus General Law
and that this Item should be scheduled for further discussion at the
Commission's next Regular Meeting of May 23, 1973.
Planning Commission
Reel PC 15: Side 2; Track I; 299-999
Vice -Chairman Mueller called the regular meeting of the Planning Commission
of the Town of Los Altos Hills to order at 9:00 p.m. In the Council Chambers
of Town Hall, 26379 Fremont Road, Los Altos Hills, California.
A. ROLL CALL
Present: Commissioners Lachenbruch, Magruder, Mueller, Perkins, Spencer
and Welsbart
Ab�ant: Commissioner McReynolds
B. Cvit:C^IT CALENDAR
L.-PPROVAL OF MINUTES: April 25, 1973
imissioner Spencer requested that his name be removed as the
�_c•mmissloner opposing denial of the application for variance of
'ale W. Junta and that Commissioner Magruder's name appear on tho
"'.! :'.utes.
Commission was in agreement that "Continuing Business" Item I,
paragraph 3, with regard to the application for variance, read:
°S.fter discussion, It was agreed by the Commission that Mr. Jun Yo's
•,.;licatlon did not meet eny all of the six requirements to grant
a variance."
MOTION, SECONDED AND CARRIED: Moved by Commissioner Spencer,
econded by Commissioner ':'uisbart and unanimously carried that
;:ie minutes o: ;,prll 25, 1973, be approved as amended.
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C. CONTINUING BUSINESS
I. APPLICATION FOR BUILDING SITE APPROVAL: Lot 5, Tract 2003 on a
private road off La Loma Drive, by F. Paul Monaco (566 Van Buren,
Los Altos, California). Application received March W, 1973 and carried
over from staff meeting of March 28, 1973. (File No. BSA 96-73)
Engineer: Paul E. Nowack, 477 Lassen Street, Los Altos, California.
Mr. Mader illustrated the request of Mr. Monaco, pointing out that in
1961 a variance was granted changing the setback to 15 feet from the
easement line to the residence and the house not to extend over 17 feet
In height. The variance is still In effect since there was no time
limitations set onit.
He pointed out that there was little room for parking and that there
was ample offstreet parking provided In the plans.
Speaking from the floor, Mr. Garfinkle, the architect, pointed out that
the variance was critical because of the steep slope of the property.
At the time the staff report was prepared, there were no recommendations
from the Fire Department or the Pathways Committee. Staff recommends
to the Commission that the Building Site Approval be granted with the
following conditions:
1. Recommendations of the Pathways Committee.
2. Recommendations of the Fire Department.
The following recommendations of the Health Officer.
a. Soil percolation tests shall be required to determine adequacy
of the proposed building site for development as required by
Town of Los Altos Hills Municipal Code Title 6, Chapter 4.
Obtain water for domestic purposes from the Purisslma Hills
County Water District.
Because of the ground water conditions, a sub -surface drain -^e
structure shall be Installed prior to final septic tank apo -_,al.
The house shall be located at the highest possible elevation.
Prior to any excavation on the property, contact the Heal'
Department regarding placement of fill. All excavation shall
be supervised by a licensed engineer.
4. -ark in-Ileu fees per municipal code.
5. -')rainage feer Der municipal code.
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6. The name of the road serving this and adjoining properties off
La Loma Drive shall be renamed La Loma Place.
7. A standard town street name sign shall be placed at the Intersection
of La Loma Drive and Le Loma Place.
8. The road shall be crack sealed from the Intersection with La Loma
Drive to the eastern boundary of the subject parcel.
Mr. Mader stated that Inasmuch as the building site approval Is made
within tightly defined limits and also that the approval does not result
In a modification of theterrain, this should be considered a ministerial
project and therefore exempt from the provisions of the EIR. Mr. Mader
felt that since we have not had much experience In utilizing this provision
of the State law, the City Attorney should review the matter.
MOTION, SECONDED AND CARRIED: Commissioner Weisbart moved, seconded by
Commissioner Spencer and carried by majority vote with Commissioner Mueller
abstaining, that the Request for Building Site Approval of F. Paul Monaco
be approved with conditions as recommended by the staff.
2. APPLICATION FOR BUILDING SITE APPROVAL: Lot 20, Tract 1707
La Rena Drive by Charles S. McCandless & Co., for Ms. Jill Barnett
(22269 Haven Hurst Drive, Los Altos, California) Application
received March 26, 1973 (File No. BSA 97-73)
Mr. Mader Illustrated the Application for Building Site Approval for
Ms. Barnett. Because of the steepterrdn of the cul-de-sac, several
meetings were held with the Torun Engineer and a representative of Ms.
Barnett, with special attention to the problem of the driveway and access
to the land. Mr. Mader felt that the revised driveway configuration
was acceptable, however, a site development permit would be needed to
review the grading. At the time of the Staff recommendations, reports
from the Fire Department and Pathways Committee were not ready. The
Staff recommended that the Building Site approval be approved with the
following conditions:
1. Recommendations of the Pathways Committee.
2. Recommendations of the Fire Department.
3. The following recommendations of the Health Officer:
a. Soil percolation tests shall be required to determine adequacy
of the proposed building site for development as required by
Town of Los Altos Hills Municipal Code, Title 6, Chapter 4.
b. Obtain water for domestic purposes from the California Water
Service Company.
c. Prior to any excavation on property contact the Health Department
regarding placement of fill.
llilIw d. The Health Department reserves the right to restrict the location
and size of structures on this lot.
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4. Park in -lieu fees per municipal code.
5. Drainage fees per municipal code.
Following presentations from citizens, the Commission moved as follows:
MOTION, SECONDED AND CARRIED: Commissioner Perkins moved, seconded
by Commissioner Lachenbruch and carried with a majority vote, with
Commissioner Welsbart voting no, that the Application for Building Site
Approval for Ms. Jill Barnett be approved with special Instructions
to the Site Development Committee to payierticular attention to the
grading, landscaping and drainage problems effecting this lot.
3. REQUEST FOR USE PERMIT: Applicant, Los Altos Hl l is Horseman's
Association. (File No. UP 388-73) Located on Purissima by the
Little League Bail Park. Use Permit request for Public Riding Ring.
Mr. Lawson informed the Commission that this would be a Public Hearing
on a Use Permit to construct a Public Riding Ring at the Purissima School
site that is owned by the Town of Los Altos Hills. Mr. Lawson stated that
the Town Is a party to the Use Permit because once the Ring is constructed
it will be given to the Town.
Speaking from the floor, Mr. Cal Strobele gave a brief summary of the
status of the request to construct a Riding Ring. He stated that
beginning October 12, 1971, the Council and Commission approved drawings
that were accepted by Jerry Crabtree, then City Engineer. Later the Path-
ways Committee requested a drawing from Mr. Crabtree which would show
more detail. The Horseman's Association protested because it was not
satisfactory to have trees In the center ring, and were Instructed to
draw the plans on their own.
Mr. Strobels stated that after several meetings with the Pathways Committee,
City Council and one previous meeting with the Commission, they are returning
now to the Commission with the revised drawings.
He further informed the Commission that the ring has been reduced In size
from its original 120' x 240' to 90' x 180'. This would provide a 20
foot setback from the road and no trees are going to be removed. It Is
approximately 20' from the Little League Ball Park. This would allow
vehicular traffic for service and grass cutting.
Mr. Strobele felt that the only service to be provided by the Town staff
would amount to three or four rakings per year and the ring would be
dosed during the winter.
Since the ring would be for children to come and train their horses,
Mr. Strobele stated that there would be no offstreet parking provided.
The location for the ring was chosen because of Its central location in
the community. He further stated that the only cost to be borne by the
Town would be In the area of maintenance and insurance.
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After discussion by the Commission, It was decided that the matter of the
Use Permit for the Los Altos Hills Horseman's Association be continued
to the next meeting with the following Information to be provided:
1. Recommendations from the Staff
2. A timetable for construction of the Improvements.
3. The Town's responsibility with respect to this particular Use Permit.
4. Statement on the costs involved and responsibility.
5. Brief summary of the past history of this Use Permit.
6. Maintenance responsibility and the costslnvoived.
7. Parking and traffic problems
8. Provisions for sanitary facilities.
9. What Improvement will be associated with the Use Permit.
p. Anticipated use of the riding ring, with particular attention paid
to the type of problems that might be associated wih a public riding
ring Insofar as neighbors would be concerned.
II. Copies of maps and plans.
MOTION, SECONDED AND CARRIED: Commissioner Perkins moved, seconded
by Commissloner Welsbart and unanimously carried that the request for
Use Permit be continued to the Commission Meeting of May 23, with the
above information to be provided by Staff and the Los Altos Hills
Horseman's Association.
D. NEW BUSINESS:
I. APPLICATION FOR USE PERMIT: Mr. David Bellucci, Applicant.
Request for Use Permit for a non-profit recreational facility,
to be located on Moody Road.
Mr. Lawson advised the Commission that in the matter of a Use Permit
for Mr. Bellucci, the necessary procedures to bring the matter before
the Commission as a public hearing had not been taken and this was
before the Commission now, at Mr. Bellucci's request, Just as a way for
the Commission to ask questions and gather Information prior to the
public hearing. At the time of the next Commission meeting, the
Commissioners would be provided with the information necessary to properly
review and evaluate the Request for Use Permit.
Mr. Mader stated that since this Is prior to the public hearing, the
Commission is acting informally and Individually. The Commission need
not take a position or action on this matter. This Is Just an opportunity
for the Commission to raise questions to the applicant for his response.
There has been one informal Staff meeting with Mr. Bellucci.
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Speaking from the floor, Mr. Belluccl gave a brief explanation of the
reasons behind bringing this matter before the Commission In this manner.
4. He stated there are strict time limitations on this matter as the Tennis
Patrons of Northern California are looking for a place to hold their
Pacific Coast Invitational Championship Tournament, and they must have
an area by September 22, 1973.
Mr. Belluccl pointed out that this Is an application for Use Permit for
establishment of a private non-profit tennis club. This request does
comply with the Zoning Ordinance with respect to establishment of a
non-profit club. Mr. Bellucci expressed that it was his desire to
receive Input from the Commission on how he should proceed and what
Information the Commission will desire.
He further pointed out that establishment of the club will put two-thirds
of the existing land Into conforming use. The Tennis Club would, In time,
be Identical with the Fremont Hills Country Club with the exception of
the horse stables. The only two non -conforming uses would be the dinner
club and the Tally Ho Restaurant and the additional one-third portion of
the area would be the picnic grounds. These non -conforming uses will
remain in effect until 1976, at which time the necessary adjustments will
be made to bring these areas Into conforming use. This will eliminate
the two existing problems, the stable and the De La Raza option.
Mr. Bellucci stated that the two-thirds portion will be leased to the
Los Altos Hills Racquet Club, a non-profit club, who will In turn
enter Into a lease agreement with the Tennis Patrons of Northern California.
Mr. Belluccl stated that he will be responsible for the construction
of the tennis courts.
After discussion by the Commission, It was decided that the Commission
hold a special meeting on Sunday, May 20 at 3:00 p.m. at the Offlce of
Mr. Bellucci, to review his application for a Use Permit by means of
a field trip.
The Commission Instructed Staff and Mr. Bellucci to have complete packets
to them by the time of the Special Meeting. The follow Ing questions
were raised by the Commission and should be answered in the packet:
I. The expected size of the membership and disposition of the existing
membership.
2. Parking facilities for the tennis courts.
3. Provision for facilities to be provided.
4. Installation of court lighting and sound equipment.
5. Number of spectators expected.
6. Number of competition games involved.
7. Complete Information on the use of the land.
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The Commission further Instructed Staff to prepare a report by the time
4 of the special meeting.
Speaking from the floor, Mr. Harry Likis of the Tennis Patrons of
Northern California described some of the areas of the competition
to be held at the club. He stated that all money is given to young
tennis talent and that the sponsor of the tournament will provide a $50,000
prize for the winner. The event will be covered on national television.
There will be approximately three events each year and eventually a school
will be constructed. Mr. Likls stated that, as yet, they have not decided
whether It will be a day teaching school or a camp -style school. All
tournaments will be annual events and on the last day an attendance
to three to six thousand people will be expected.
E. ADDITIONAL BUSINESS:
I. MOTION SECONDED AND CARRIED: Commissioner Spencer moved, seconded
by Commissioner Weisbart and unanimously carried that the proposed
amendment to Section 9-5.504 (b)(2) of the Municipal Code be forwarded
b the Council at Its next meeting for adoption as an Urgency Ordinance.
If Council does not take action at Its next meeting, the Issue is to
be brought before public hearing.
2. The Commission requested that the Staff no longer agenda items for
the Commission Meetings until a complete packet has been given to
the Commissioners for their review prior to the meeting.
6 F. ADJOURNMENT: 11:30 p.m.
MOTION, SECONDED AND CARRIED: Commissioner Perkins moved, seconded by
Commissioner Welsbart and unanimously carried that the meeting be
adjourned to Sunday, May 20, 3:00 p.m. at the Adobe Creek Lodge.
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