HomeMy WebLinkAbout03/23/1977VARIANCE AND PERMIT CUVPUSSION
Town of Los Altos Hills
26379 Frema t Road
Los Altos Hills, California
MINUTES OF A REGOLAR MEE=C
Wednesday, March 23, 1977
Reel 57, Side 1, Tr. 1, 694 to 824
Cor ssioner Hahn called the meeting of the Variance and Permit Cc m ssion to order
in the Council (handers of T17m Hall at 7:02 P.M..
ROLL CAIS,:
Present: Conmissicnexs Haim and Stewart. ()cuu&ssioner Rydell served as an
Alternate for Commissioner Schick who was absent from the meeting.
Absent: CcmTdasioner Schick
Also Present: Town Engineer Alexander Russell, Tbvm Planner/Mngineer John Markl,
Secretary Ethel Hopkins
APPROVAL CF MINUTES:
Comnissiener Hahn observed that since no notifications of corrections had been re -
4W ceived on the Minutes of January 26 from the Ocrm:issicners serving on the Ca!mission
at that time, it must be assumed that the minutes were correct as presented.
WrIQ9 SEC= AND CARRIED: It was moved by Ccurassioner Hahn, seconded by Ca!mission-
er Rydell and unanimously carried to accept the Minutes of. January 26.
PUBLIC HEARINGS:
1. LANDS OF CR7W, File #VAR. 7036-77, 12011 Hilltop Drive, Paul Nowack, Engineer,
Request or E� t1on of Approval on Variance Request.
Mr. Markl introduced the Lands of Crow variance by noting that the variance is for
an existing garage -living quarters oanbination. Discussion began imrediately with
Comissicner Stewart stating that it was his feeling that if a-subdivisim (in this
case landsof Crow, File #7M 2043-76) had been approved by the Planning Commission
and a variance was discussed, that in requesting a separate variance hearing, the
Omradssion was being redundant. He noted that a similar situation occurred in
the case of Lands of Sisson, TM 2051-76.
Discussion continued on the issue of granting a variance for Lands of C,mw with
Mi. Russell stating that while the garage structure under discussion was constructed
prior to the incorporation of the Town, the variance was being requested in order to
maintain proper records and to satisfy a requirement made indirectly by the City Council.
The public hearing was opened by Camdssioner Hahn. No one responded, and the
hearing was closed.
Before the vote was taken on the request, Commissioner Stewart stated that he wanted
to have some kind of ruling on whether variances were approved at the time of the
subdivision request.
VARIANCE AND PM41T C9441[SSICN MMMS - March 23, 1977
( Page two
fir+ PUBLIC 11EARIN6: (continued)
KMCN SIDED AND LMTIM-MLY APPIKTIED: It was moved by Cmmissioner Hahn
and seocnded by Crnmissioner Rydell ttqq reommend approval of the Variance request
for the Lands of Crow, File #VAR. 7031-77, as listed in the memorandum to the
Commission dated March 15.
There being no new or old business, Crnmissicner Hahn adjourned the meeting at
7:19 P.M..
Respectfully submitted,
Ethel Hopkins
Secretary
u
%W
PLAP G COMIMSSIrN
Town of Los Altar Hills
26379 Frment Road
Ios Altos Hills, California
Wednesday, March 23, 1977
reel 57, Side I, Tr. 1, 824 to End, Side II, Tr. 1, 001 to 843
Chairman Hahn called the meeting of the Planning CU ssion to order in the Council
Qnanbers of Toon Hall at 7:35 P.M..
PrLL CALL PND PI= DF ALLEGIMCE:
Present: Cc missioners Hahn, Young, Stewart, and Rydell. Commissioner Perkins
arrived at 7:40 P.M.
Absent: Camdssi.oners Carico and Schick
Also Present: Town Engineer Alexander Russell, Town Planner/Ragineer John Markl,
Secretary Ethel Hopkins
CCNSENr CALENDAR:
Both items on the Consent Calendar, the Minutes of February 17 and the Minutes of
Martin 9, were removed for corrections.
Corrections requested on the February 17 Minutes:
1. Delete paragraph at the bottom of page one and add in its place the following:
'Discussion continued on the matter of a budget request for preparing the
Seismic Safety Plan for the Town. Conmissioner Carico noted that several
other matters were pertinent in this discussion on the Seismic Safety
Plan for the Tbwn and were contained in a memo from the City Clerk dated
February 17. They Were the motions passed directing the Plannina Covnission
to produce a plan to carry out the six residential areas in the General Plan,
and to permit professional help to be hired to bring zoning ordinances into
conformance with the General Plan.'
2. 3rd paragraph, page two, add at the end of the paragraph: (This was in reference
to the February 17th metro from the City Clerk on actions of the City Council
for the meeting of February 16.)
3. Page 4, second paragraph, instead of "table or omanization", replace with
'a table of organizational responsibilities.'
M71ICN SECCNDED AND CAR=: It was moved by Cmuuissioner Hahn and seconded by
Coranissioner Stewart to approve the February 17th 'dinutes as amended, - N'otinq for approval
were Commissioners Rydell, Stewart and Hahn. Carmissicner Youma abstained because
he had been absent for the meeting.
Corrections requested on the minutes of March 9:
( 1.
Page
1 - (bottom paragraph) -
Item 2.1 should be Item 2 a(1).
V 2.
Page
2 - (seed paragraph) -
Item 2. 3. should be Item 2(a)3.
3,
Page
5 - after the end of the
first line add ' on either side of the fault.'
4.
Page
5 (bottom of the page -
first line) - staff report should be dated March 1
rather than March 2.
' PLANNING CMffSSION MSNUTTES - Mardi 23, 1977
[ Page two
CONSENT C%LENDAR: (continued)
Corrections requested on the minutes of March 9:
5. Page 6 - On the first motion, instead of. Condition 8, the amendment to the
condition should read Condition 8(a).
6. Page ten - under the item New Business, strike the last sentence and add instead:
He said the minutes should go to the Council with the tentative map within the
present time schedule.
anere was discussion initiated by Commissioner Stewart, and referred to at the end
of the meeting under New Business, that a ruling be sought from the City Attorney
on whether a separate action was needed to accomodate a non -conforming structure
with a variance when a tentative map was processed by the Planning Commission. The
question was 'could the Planning Commission act for the Variance and Permit Comission
and grant a variance at the time of the approval of the tentative map.' (Mr. Stewart
was referring to the action on the Lands of Sisson discussed in the Minutes of
March 9.) In light of a legal ruling on the matter sought from the City Attorney,
it was decided to defer approval of the minutes until such comments were received.
MOTION SECONDED AM CARRIED: It was moved by Commissioner Perkins and seconded
by Commissioner Young to defer approval of the Minutes until the City Attorney could
comment and approve the issue discussed. Voting for the motion were Commissioners
Perkins, Stewart, Young and Hahn. Commissioner Rydell voted against the motion.
PUBLIC HEAPIN(S:
1. LANDS OF CROW, File #CU 8020-77, 12011 Hilltop Skive, Paul Nowack, Engineer,
Request for Fecommen tion o Approval on Conditional Use Permit for Secondary
Dwelling.
Tann Planner/EStgineer Markl addressed the issue of the conditional use permit
application by referring the Comnissiomers to his March 15 mOforandmmm with attached
supplementary material.
Discussion among Commissioners began with Mr. Perkins noting that the secondary
dwelling, a portion of the garage structure, was less than the necessary area for
such a dwelling to have kitchen facilities. Commissioner Stewart observed that
one of the conditions of the tentative map was that the kitchen facilities be
removed. Commissioner Young inquired as to what provision was made if the structure
were destroyed by fire. Mr. Russell replied to Mr. Younq's question that if fifty
percent of the structure were destroyed by fire, it would have to be reruved.
Thereafter, Chairman Hahn opened the hearing to the public.
Paul Ncwack, Engineer for theApplicant, stated that he would certify that the
ortaioi
pe range woula Be re rovm�i =v— trie premises.
Chair an Hahn also called attention to the kitdmen pLmbinq to be removed and closed
the public hearing.
MOTION SECONDED AND NNANIhDUSLY CARRIED: It was moved by Commissioner Perkins and
seconded by Cammissioner Hahn to recommend approval of the Conditional Use Permit
subject to the conditions made by staff.
PIANNING OJM+IISSICN MINUTES - March 23, 1977
Page three
`. PUBLIC HEARINGS:
2. LALd6 OF CASSAPA, File #TM 2038-76, Voorhees Drive, Paul Nowack, Engineer,
Revaest for Reoasmn tron or Approval on Lot Line Change on Approved
Tentative Map.
Mr. Markl referred the Cardssicners to the infornation in his March 17 staff
report. 7tne Th:n Engineer, Mr. Russell noted that neither slope density calcula-
tions nor area had changed on the Subdivision. The matter at hand was a lot line
shift in order for the applicant, Mr. Cassara, to retain a vineyard he had re-
cently planted on one of his lots.
Discussion among Camissioners began with G.mnissicner Perkins stating that with
the lot line change, the Incerpi property would be too close to the property line.
Mr. Russell, however, answered this observation by stating that the matter of
the Inmrpi Property conforming to setbacks was to be worked out between the two
parties, and it was not the burden of Mr. Cassara's subdivision to assure the
Incerpi property cmformd to setbacks. Thereafter, the hearing was opened to
the public.
Paul Nowack, Engineer for the Applicant, stated that Mr. Cassara wanted to retain
YES vineyards and so initiated the request for the lot line change.
Discussion continued with Crnmissioner Stewartirc�uring about drainage facilities
that originally on Iot 1 and that new would be m Lot 2. Mr. Nomads, however,
noted that the Cassara property was a gently sloping p _ wi no serious
drainage problems. Discussion on the matter of drainage was concluded and the
public_ hearing closed. Thereafter, the following motions were passed;
MOTION SECONDED AND UNANIMOUSLY PASSED: It was moved by Cammissimer Stewart and
seconded by Camissioner Perkins that storm drainage facilities includinc piping
and structures, if found to be located an Lot 2, shall be totally removed and in-
stalled on Lot 1 in a location satisfactory to the City Finaineer.
MWICN SECONDED AND MAIANIADUSLY Pn4SFJ): It was moved by ComrLissimer Pvdell and
seconded by Carmissioner young that the lot line change for Lands of Cassara,
File #9M 2038-76, be recamrended for approval with the added condition on drainage.
3. LANDS OFAN[ERSQQ File #'1M 2052-77, Natoma and Altamont Road, Paul Nawack,
mgrneer, Request for Facormandation of Approval of Tentative Alan. (Continued
to the meeting of April 13 by request of Engineer Paul Nowack, letter dated
March 17.)
4. IANDS OF RICH, File #TM 2048-76, Stocnebrook Drive, North Cal Staking Services,
Engineers, Request Fo—r cc m dation of Approval for. Renewal of Conditional
Use Permit. (Continued to the meeting of April 13.)
5. LANDS OF DICKINSON, File #CU8011-76, 25720 Altamont Tbad, McCandless, Finaineers,
Request for Recamiendatiai of Approval for Renewal of. Conditional Use Permit.
Mr. Markl referred the Commissioners to his March 16 memorandum and said he had
no further cements.
Discussion began with Comm ssioners asking about the reccuumdation of the
Health Department to disapprove the use permit because of water quality for the
PLPNNLVG OMl 11SSION MrMrFS - March 23, 1977
Page four
PUBLIC HEARINGS:
5. LANDS OF DICKINSON, File #CU 8011-76: (continued)
premises and the suggestion of the Staff for a reccm`endaticn of approval. Mr. Markl
answered the Commissioners' question by stating that Lands of Dickinson would shortly
core up for subdivision, suggesting that the Planninq Commissioners could add
conditions requiring the applicant for the oerrut to ccrply with the Health Depart -
rent request if Commissiaaers so desired.
Mr. Fussell added the co ment that the applicant is not selling the water, they
fore, the Health Department did not have the jurisdiction to shut the stable
facility dam.
Chaianan Hahn opened the hearing to the public and when no one responded, closed it.
Discussion was concluded on the matter of the water supply and other conditions
on the use permit. The following motions were passed:
MYTICN SECUMED AND CARRIED: It was moved by Cumni.ssioner Perkins and seconded by
Cmmissioner Young to add as condition 17 that sixty days (60 days) from the date
of expiration of the current (1976) use permit, the present water systen will be
eliminated and service shall be obtained from the Purissima Hills Water District.
Voting for approval were Commissioners Perkins, Rydell, Young and Hahn. Cmmissioner
Stewart voted against the motion.
4/ MXTCN SB=MED AND UNANTI=Y APPRT/ED: It was moved by Commissioner Perkins
and seconded by Commissioner Young to modify Condition 12 to read: No shows shall
be permitted.
MYFION SECONDED AND UNANIMYJSLY APPROVED: It was moved by Commissioner Stewart
and seconded by Commissioner Hahn that Condition 18 should be added to the effect
that Mr. Daryl Fazekas' letter of March 16, last paragraph, be incorporated as
a condition. (The condition read as follows: Law spots in the corral areas shall
be filled with a suitable baserork, and drainage channels in the perimeter areas
of the stables shall be maintained.)
Cmmissioner Stewart asked why a use permit for the secondary-dwellinq oras approved
almost a year after the City Council's request, and Mr. Russell informed him that
because of the press of work and other circLre;tances, it had simply not been done.
M=CN SEC(NDED AND UNAMMSLY APPROVED: It was moved by Chairman Pahn and seconded
by Commissioner Rydell to recoruend approval of the renewal of the Conditional Use
Peunit for the Lands of Dickinson, File #CU 8011-76 as amended.
6. IRDS OF FRf KNT TMTS C0UPVWMJB, File #CU 6010-76, Viscaino Rnad, V. chahinian,
Engineer, Pequest for Feccmendaticn or Approval on the Rrneual of Co litional
Use Permit.
Mr. Markl referred the Ccnmissiaiers to his memorandum dated March 16. Conditions
in effect were on pages three and four of his report. Further staff remmendatiois
for conditions were made by Building Inspector Daryl Fazekas in his memorandum
dated March 18 (Appendix 5). He referred the Commissioners to Appendix 4, the
Pathway Committee rec¢mpndatiors and explained that since the Pathway Camiittee
reoanrendaticns had not been received at the time of the writing of the Staff
PINNING COMMIISSICN MEA= - March 23, 1977
Page five
PUBLIC HFARIUGS:
6. LANCE OF FRENIC HILLS COUNTRY CLUB, File OCU 8010-76: (continued)
report, Condition 11 had not been revised. He noted that confusion existed in
1976 and still exists.
Thereafter Mr. Markl reviewed his research an pathway requests. There were:
1. That on the Frenmt Hills side of Purissima adjacent to the creek, there
is no path.
2. on the opposite side of the road is a steep bank all the way down to the
Little League field.
3. That although Appendix 4 refers to a paved bicycle path connecting the
unpaved parking area off Purissima Road with the road, if there is a
paved bicycle path, it is contiquous with the roadway pavement itself.
He pointed out that if a bicycle rider were using the path travelling
an Purissima in the direction of Roble Iadera Road, they would have to
cut through privawe property. They can't go over the bridge.
4. He pointed cut that he was not sure the Town can require the Country
Club to allow the public to go wholesale through their Properly.
Mr. Russell, in a discussion with Cmmissimer Perkins, recollected that in 1969-
70 this matter was discussed by the Planning Camiissim, that a path did exist
across the creek on the Fremont Hills Country Club by way of an easement granted.,
and that a culvert had been constructed across the creek at the Town's expense.
He noted that the bridge across the creek was too narrow.
Discussion continued on the matter of the pathway requests and also on the
suggestions made by Mr. Fazekas and those made by Mr. Blair of the Health Depart-
Ment.
epartMent.
Mr. Hahn opened the Ming for public discussion, and Mrs. Betsy Fiksdal, Pathway
Cmmittee Chainkmet discussed the Pathway Committee recc muendations.
It became apparent that there were too many unclarified areas in the discussion
on pathways, and it was concluded that the level of the path on Purissima and other
issues on paths should be resolved by the Town, Fremont Hills Country Club and
the Traffic and Public Safety Cmmittee, and th t the issue be continued until
the next Planning Cmmissim meeting.
WrICN SBOa= AND CAPJ=: It was moved by Commissioner Perkins and seconded
by Camds6ioner Young that this matter be continued until the Planning Crnmissim
has adequate information regarding the path problems so as to be able to make
a responsible decision on the alternatives for a path on the Fremont Hills Country
Club. Voting for the motion were Coemissioners Perkins, Stewart, Young and Hahn.
Conmissioner Rydell abstained.
At 9:38 a recess was called. The meeting resumed at 9:57 P.M..
OLD BUSI14ES^u:
1. Discussion on Possible Ordinances on Motor Hoes, Motor Vehicles, and Boats.
Mr. Hahn noted that the purpose of this item on the agenda was to explore possible
PIMNING M44ISSION MIN[T1FS - March 23, 1977
Page six
WA BUSINESS: (continued)
1. Motor Hams, Motor Vehicles, and Boats: (continued)
ordinances or the need for them in relation to parking motor hares, vehicles and
boats. The City Engineer reviewed the research he had done on how other communities
dealt with the problem. Ile noted that several commi.ties such as Fremont had very
fine ordinances on the matter, but no staff to enforce it. He noted, in the case
of Los Altos Hills, that there were no regulations so long as the motor vehicle
was within the setback limits. He said that the Camdssicners could, if they
felt it desirable, if the vehicle was parked in the fruit or rear or side vara,
require the vehicle to be screened.
Commissioner Young pointed out that under the state taxation laws, trailer hares
were considered personal property rather than real property, and that therefore
they could not be classified as structures because of the distinction between
the to kinds of taxable property.
Conmissicner Stewart pointed to Section 9-5.220, page 284 and Section 9-5.703,
page 297 as provisions for house trailers in the Municipal Code. He noted that
these recreational vehicles were provided for in the Code, but boats were not.
Mr. Ibmsell again raised the issue that if an ordinance were passed, who would
enforce it, and also questioned if there were enough problems to warrant an
ordinance.
After it was concluded that the issue was raised in response to a request frau
hhs. Paring's single request, it was decided that unless a large number of calls
were received on campers and recreational vehicles in general, the issue would
be dropped for the time being.
2. Discussion fromJan 4th meeting on Subdivision Committee and Site Develop-
ment Camnttee pV2 .p.
There was further discussion on whether attendance was mandatory at the Subdivision
Onmmittee meetings as well as the Site Development Cartmittee meetings. It was
the consensus of opinion that since the Commissioners hold full time jobs, attendance
at the Subdivision Committee greeting was not so vital as attendance at Site Develop-
ment meetings. It was stated that the professional staff was for the purpose of
ironing out subdivision details, where Site Development was the time when the
actual building was to go on the land was decided upon. Therefore, the Site
Development Committee meeting was the most vital of the two meetings. Chairman
Halm said he would draft a letter to the City Council spelling out the feeling
of the Commissioners on these meetings. Copies would he sent to the Camissioners.
3. Estimate of Cost of Developing a Master Path Plan.
Mr. Russell stated that the City Manager would meet with the Pathway Committee
next Ycndav and would have information for the Commissioners soon.
4. Planning Commission Meeting:
Mr. Hahn said that the March 30th Planning Courtissim meeting had been pre -orated
by the City Council and v®s not,` eld.
WOAD
PIA4PIING aWTffSSION MOXVIES - March 23, 1977
` Page seven
�r OID &J.S=SS: (continued)
Mr. Imssell raised the issue of what the zoning for the Tum Hall and Water
District offices would enconpass, how it would be dealt with, and what it
would be called, and how big it would be. Carmissioner Perkins stated, however,
that before the discussion could take place, the options should be defined.
He emmerated the following for discussion and it was the consensus that
these should be explored by staff and possible solutions orcposed. These
options were as follows: . .
1. Establish a new zone.
2. Do away With the whole operation or move it out of Town. Mr. Russell
pointed out that the business of the Town rust he done in the Tam.
3. Ignore the issue and see what happens.
4. Issue a conditional use permit4ai
pl Expand'Athe code to include these administrative offices in4-> a6i
NEW BUSINESS:
CN"V' 41'"x(,1
Mx. Rydell, resigning Planning Commissioner, expressed his satisfaction at working
with the other cmmissioners over the past year.
chainnan Hahn adjourned the meeting at 11:07 P.M..
Respectfully submitted,
Ethel Hopkins
Secretary