HomeMy WebLinkAbout04/13/1977 (2)PLANNING 03V1MISSICN
Town of Los Altos Hills
26379 Fremont road
Los Altos Hills, California
NIIA37TES OF A REGULAR T'13=
Wednesday, April 13, 1977
Reel 57, Side I, Tr. 2, 149 to End, Side 2, Tr. 2, 001 to 459.
Chairman Halm called the meeting of the Planning Cmmnission to order at 9:00 p.m.
in the Council Chambers of Town Hall.
617F1iY:\ilii: 13T�Ytliei e
Present: Commissioners Carico, Perkins, Stewart, Youna, Schick and Hahn
Absent: None
Also Present: City Manager Pobert Crewe, City Engineer Alexander Russell, Town
Planner/fhgineer Sohn Markl, and Secretary Fthel Hopkins
Mr. Crowe stated that one of the applicants, Lands of Rich, File #T'M 2048-76,
had, prior to the meeting, formally requested to be removed from the public hearing
agenda for the meeting. The applicant wished to be placed on the April 27th
agenda because he was submitting a revision an his tentative map application.
OCNSENT CAIAIDAR:
It was requested that the Minutes of Marcia 9 and March 23 (Item 1 on the Consent
Calendar be removed.
Canmissioner Stewart referred to his request of March 23 relative to the Minutes
of the March 9th meeting. He noted that a reply had been received frcm City
Attorney Gillio on the matter of variances for non -conforming structures. There-
after, Chairman Hahn noted that it could be discussed under Old Business.
Corrections to the March 23rd Minutes:
1. Caumissioner Perkins stated that items 4 and 5 on page seven of the
Minutes should be canbired to read: Issue a conditional use neimit
after expanding the code to include these administrative offices
into a single use.
2. Chairman Hahn asked that the last line of page six be changed from
"was not held" to 'would not be held.'
M71'ICN SECCNDED AND UNANT—�rXSLY PASSED: It was moved by Crnmissioner C=cm,
seconded by Cc missicner Schick, and unanimously passed that the remaining items
2 throw 6 an the Consent Calendar be approved. They are listed below.
Acceptance for Filing of Tentative Map Application for the following
Parcels:
LANDS OF TRAFICANTI-VMRHFES, File #TM 2055-77
LANDS CF BERfE;R, File #TM 2058-77
LANDS OF ROLLING HILLS SUBDIVISI(V, File #TM 2057-77
L LANDS OF GIGLI, File #'MO59-77
v LANDS OF GERAIA HCUES, INC., File #TM 2061-77
PLANNING OWI SSION KMITFr - April 13, 1977
Page two
4W CCNSENr CALENDAR: (continued)
MOTION SE00DIDED AND UNANDCUSLY PASSED: It was moved by Commissioner Stewart
and seconded by Commissioner Carim that the Minutes of. March 9th be approved.
MOTION SECC= AND CARRIED: It was moved by Camissioner Perkins and seconded
by Cam:issioner Young that the Minutes of March 23 be approved. All Commissioners
present voted for the motion with the exception of Commissioners Carim and Schick
who abstained because they had been absent on March 23.
PUELIC HEARINGS:
1. LAND6 OF ANDERSON, File #7M 2052-77, Natana and Altamont Roads, Paul E. Nogack,
Nhguwer, Request or R-commanciation of Approval of Tentative Map.
'town Planner/Engineer referred Commissioners to his staff report dated April 11
and called attention to the need to limit access in the proposed island area.
Thereafter, discussion among Commissioners began.
acemissioner Perkins asked for clarification on the drainaqe problem referred to
on page two, items 1 and 2, of the staff report. He felt that Staffwaswronc
to place ..time burdsh=W such-a-bighly-tadvmical question such as the drainage over
this property on the Planning Commission's shoulders. Both Mr. Russell and Mr. Crane
offered statements to try to clarify the issue of drainage from one property to
another. Mr. Crowe stated that the downstream properties must accept water from
the upstream properties as long as the water course had not been substantially
changed, even if the drainage is conveyed by a pipe rather than by surface drainage.
Commissioner Perkins, however, felt that legal advice was necessary to clarify
the issue, and the following motion was passed on the matter.
Di7TION SECONDED AND CARRIED: It was moved by Commissioner Perkins and seconded
by Coumissioner Young that the Tone attorney be asked to render an opinion as to
what the present legislation is on off tract drainage when there is a modification
to the drainage as a result of subdivision; i.e., where does the responsibility
for the drainage lie; haw much of a change can you have;and if the flaw is doubled,
who has the responsibility for the resulting increase in drainage flow?
Voting for the motion were Ccff issioners Carim, Perkins, Stewart and Young. Com-
missioners Schick and Hahn voted against the motion.
Them was further comment on whether it was the Planning Commissioners' resoonsibility
to determine matters of drainage in subdivisions with Commissioner Caricc stating
that legal clarification was needed to find out if Council should be Petitioned
to chane: the ordinances, and to eliminate large expenditures of Commissioners'
time only to have a subdivision application denied by Council. Thereafter, Chair-
men Hahn opened the hearing to the public.
Tan Conlon12900Tri li Court acmm nded Dor. Markl on his staff report, and also
mn
oartComnussroners effort in seeking legal advice on the drainage matter.
'hereafter the public hearing was closed, and the following motions passed:
MOTION SECCN= AND UNANIMMY PASSED: It was mored by Commissioner Young and
seconded by Commissioner Schick to amend Condition 7 to read: 'The subdrains recommen-
ded by the United Soil Engineers shall be installed prior to the issuance of building
permits and protected by a ten foot (10') public utility easement to be dedicated
to the Tuan.'
PIANNING COM•IISSI(N MLN= - April 13, 1977
Page three
4 PUBLIC HEARINGS:
1. IROS OF ANDERSON, File #7M 2052-77: (continued)
Paul Nowack, Engineer for the Applicant, requested that the well referred to in
Comdrtton 5�eretarrned.
M)1'ICN SEOfNDED AND CAHPIID: It was moved by Commissioner Perkins and seconded
by Commissioner Schick that Condition 5 be changed to read: The existing well located
on Parcel 1, if abandoned, shall be filled according to Santa Clara Water District
Standards prior to the issuance of building permits, or may be retained for non -
potable use in accordance with Santa Clang County Health Department requirerents.
Also in the motion was a request to change Condition 11 by changing the words
"tentative map" to 'final "Pl.
the motion was approved by the u na,,;,mcu, consent of the Commissioners.
Commissioner Young raised the issue of Condition 9 on the Suggested Condition List.
He questioned who would be responsible for maintenance of the island that was to
be dedicated to the Tbwn and suggested instead parcelling out ownership to the
subdivision lots to ensure upkeep.
Mr. Conlon, Tri oli Court, however, noted that Natant and Altamont was a dangerous
comer. He saz anyone in the area would contribute to the maintenance of the
island, but who would haul away the debris from cars losing control at the comer.
6W After Paul Naoadr's and Mr. Crowe's statement on the troublesome problems that
would result from Mr. Young's proposed condominium ownership of the island, he
withdrew his motion to that effect.
M71SON SECCNEW AND CARRIED: It was moved by Commissioner Schick and seconded by
Commissioner Carico to recommend approval of Lands of Anderson, File " 2052-77
with conditions as amended by the Planning Commission.
Voting for the motion were Commissioners Carico, Stewart, Yong, Schick and Hahn.
Conmissioner Perkins voted against it.
m rim smamm AND UNANIhDUSLY Cn, =: It was moved by Commissioner Schick and
seocnded by Commissioner Carioo that a negative declaration be filed for the Lands
of Anderson, File #TM 2052-77. The motion passed by unanimous consent.
2. EANIIS OF RICH File #TM 2098-76, Stonebrook Drive, North Cal Staking Services,
Inc., Engineers, Request r Recaarendation of Approval of Tentative Map.
Continued to the Meeting of April 27.
3. IRM OF FIAT HILLS COURM CLUB, File #CU 8010-76, 12889 Viscaino Place,
Vaughn Shahinian & Associates, Inc., Eng., Request for I�ecosmendation of
Approval on Conditional Use Permit Review. (Continued from March 23 meeting)
Chairman Icahn called attention to the April 5th supplemental report on Fremont
Hills Country Club. He naid particular attention to the clarifications on health
` recammndaticns contained in Item A of the staff report.
Cour .ssioner Perkins, however, noted that the reason the subject application was
continued from the previous meeting was that a white picket fence along Purissima
PLANNING COM4ISSION MIN[R'FS - April 13, 1977
C Page four
v PUBLIC FEARING;: (continued)
3. LAtIDS OF FEEMONT HILLS COUNTRY CLUB, File RCU 8010-76: (continued)
was required to be moved to accomodate a wider path area, but that the ownership
of the land where the fence was located was in doubt. Discussion followed among
Staff and Camd.ssicners concerning the location and destination of the whole
path along Freinont Hills Country Club, and thereafter the hearing was opened
to the public by the Chairman of the Commission.
Mrs. Fiksdal, Pa Crnmittee Chairwoman, noted that moving the fence would be
*gFeasiest '0
utron to providing a s e path along Purissima, and suggested that
three feet would be needed for an adequate path.
Mr. Russell recommended that if a surveyor were hired to determine the location of
the property line, that the expense incurred cure out of the Pathway Fund.
MYriCN SECDfIDID AND CARRIED: It was moved by Camdssioner Stewart and seed by
Casnissioner Young that the City hire a professional surveyor to establish the
northeasterly right of -way line in the vicinity of the 9linorca Court-Purissima Road
intersection.
Voting for the notion were Conmissioners Perkins, Stewart, Young, Schick and Hahn.
Commissioner Carico voted against it.
MYFICN SEONDED AND UNANIGDUSLY CARRIED: It was moved by Commissioner Perkins,
4 seconded by Commissioner Carico and passed unanimously to acid as a condition
that within ninety (90) days after approval of the use permit review, the fences
shall be reproved at the Club's expense and if replaced they are to be no closer
than three (3) feet from their present location, and that an easement be granted
from the Club if it proves necessary after the survey is made.
MOT'ICN SFX,L' = AND CAT(PJM UNANIMASLY: It was moved by OmTnissiener Carico and
seconded by Conmissioner Stewart to recon end approval of the Lands of Fremont
Hills Country Club Conditional Use Permit Review (File ACU 8010-76) subject to
the conditions as amended by the Planning Casnission. The motion passed by the
unanimous consent of the Commissioners.
At 9:30 a recess was called. The meeting resumed at 9:45.
4. LANDS OF SUIDZINSEI File NCU 8013-76, 27150 Moody Court, Paul E. Nowack,
IIngrrneer, Fequest tor FeZRFre dation of Approval. of Conditional Use Permit Review.
Mr. Markl referred the Crnmissicners to his staff report of April 6 and stated
that he had no further moments.
Discussion began with Chairman Hahn noting that at present there were two houses
on the subject property, but that eventually there would be three. Mr. Crowe
clarified the issues on the conditional use pemit by statina that the present
action before the Commissioners was to review the conditions of the permit to
see if the conditional use permit was in order. He noted that when the new residence
under construction is completed, the larger wooden house will be converted into
a guest house, and the smaller duelling into a workshop.
PIANMVING CagIESSICN MDMTES - April 13, 1977
E Pace five
`fI PuBuc H6A=Gs: (continued)
4. IANDS CF 5=1NSKI, File #CU 8013-76: (continued)
When both Commissioner Schick and Perkins raised the issue of the intact kitchen
facilities in two dwellings with a third under construction on a non-subdividable
lot and the Inflict this represented with loon ordinances, Mr. Crowe responded
with the statement that this condition would he permitted to exist until the
new residence was completed. Thereafter, Chairmen Hahn opened the hearing to the
public.
Joe Suidzinski, Applicant, eanrended Mr. Markl on his staff report. He acknowledged
ME at present were two couples living in the existing dwellings, but noted
that as a result of his purchase of the property under discussion, and with the
construction of a new dwelling, he had been cast in the role of villain. He was
being forced by Toum ordinances to evict a retired couple who had been living in the
smaller of the two dwellings for a period of seventeen years. He petitioned the
Conmission to permit the older couple to go on livina where they were, and pointed
out that at any time that they decided to move out the house could be converted
into the workshop it was intended to be.
Cmmissicner Carico pointed out, however, that Mr. huidzinski Is request was really
for the City Council to decide on. Comd.ssimer Schick too stated that the request
was an issue that was separate from the use permit under consideration. Mr. CYONe
recarmended that Mr. Suidzinski submit his reouest by letter to the City Council,
specifying his reasons for the request. C]rmissioner Stewart comerided Mr. Suidzin-
ski's desire to conform with the Town Ordinances and noted that the Town should
take a compassionate attitude to this request.
Mr. Crowe stated to the Planning Camnission that Mr. Suidzinski was in compliance
at present with the co nditicns on the use permit. He noted that Condition 9 of
the BSA granted Mr. Suidzinski required that the kitchen facilities be removed
upon completion of the new, dwelling.
M71'ICN SECONDED AND FA=: It was rowed by Commissioner Carico and seconded by
CmTnissimer Perkins that the Planning Cm nission had reviewed CU#8013-76 for
Sands of Suidzinski, and based on the report of the City Manager, had found this
use permit to be in carpliance with the use permit with the conditions imposed in
1976. Voting for the motion were Camdssiohers Carico and Perkins. Voting against
the motion were Commissioners Stewart, Young, Schick, and Hahn.
Chairman Hahn noted that the BSA and Variance applications were a part of the
the Conditional Use Penit, as specified by Council on May 6, 1976, and quoted
Mr. Markl's statement to that effect from page two of his staff report. To that
and, the following motion was passed:
MMCV SEC%VDED AND CARRIM: It was mored by Comnissiouer Hahn and seconded by
Cmaissioner Schick that lands of Suidzinski, File #CU 8013-76 be deferred to the
next meeting so that staff can present further information on this request that
will enable the Planning omrdssim to take quick action on it.
Voting for the motion were Commissioners Young, Schick and Hahn. votina against
L. it were CrnmissionerrCarico and Perkins. Cmmissioner Stewart abstained frau voting.
PLANNING ca*mssim mm= - April 13, 1977
4 Page six
PUBLIC HEARINGS: (continued)
5. lam OF WPSTWIND FABS, File ACU 8022-77, Altamont Iniad, Friends of Westwind Co-op,
Request for Feconrendation ot on Conditional Use Permit.
Mr. Markl referred the Commissioners to his Staff report of April 7 and stated that
he had no further remarks. Discussion began thereafter with Commissioner Hahn asking
about living quarters at the barn, and Ccnmissioner Schick inquiring about the
number of parking places and the number of horses that would he accomrodated at the
proposed facility. Commissioner Perkins asked about whether the submitted map was
complete with respect to marked off accesses to the property.
Mr. Crowe noted that technically the map was incomplete, but he pointed out the
expense involved when a non-profit corporation such as Friends of Atesty nd Co-opj
which had limited funds to comply with technical requirements designed for sub-
division maps. He said that access may be obtained on the Town's mad across
Byrne Preserve through permission granted by Nature Conservancy.
Various Commissioners voiced concerns on the need to clarify certain of the
conditions of the proposed permit, and the need to adequately protect the Tose,
citizens, and even the applicants. Commissioner Stewart, however, objected to the
proposed belaying of a decision to the next Planning Commission meeting. Thereafter,
the hearing was opened to the public.
Peter Davis, 26999 Orchard Hill Lane President of Westwind Co-op, addressed the
Oartmassroners with concrete information on the makeup of the Committee, and with
specific answers to their questions on the various conditions. He spoke against
delaying action on this natter, and requested action to be taken that evening.
As a result of Mr. Davis's persuasive remarks, the Commission deciders to act on
the use permit, and in reviewing the conditions, made the following changes:
Condition 4 was amended to read: 'Manure shall be removed weekly from the
barn area!,rather than "Manure shall be removed weekly from the
stalls, stable and immediate area...".
Condition 6 was deleted.
Condition 9 was amended with the insertion of the phrase'cnly during the
six (6) horse shows per year' after the first part of the
sentence reading"Any public address system installed shall be
used...".
Condition 12 was amended to read:. Parking shall be limited to fifty (50)
vehicles on the premises only, with no street or driveway parking
allowed. Parking area adjacent to driveway not to be surfaced.
Condition 13 was amended to read: Parking of horse trailers limited to twenty-
four (24) hours except for horse trailers, not exceeding two (2)
at any time, belonging to lessee or its management. Parking of
` the horse trailers shall be restricted to Lot 4.
�
r Condition 14 was emended by adding the word 'horse' into the phrase "Any
breeding operations..."
6W
141
PLANNING CDMHISSION MEN= - April 13, 1977
Page seven
PUBLIC HF=GS: (continued)
5. LANDS OF WESI44IE7D FATES, File #W 8022-77: (continued)
Condition 16 was amended to read:
(Lot 4 and Parcel A as
of Maps at Page 51).
Condition 17 was deleted.
This Use Pennit is to cover 15.0 acres
shown on Parcel Map recorded in Book 361
Condition 18 was amended by the addition of the phrase 'in writing, at least
seventy-two (72) hours prior to an event.' after the first part
of the sentence beginning "A schedule of these shows must be filed
with the Tuan...".
Condition 19 was amended by the deletion, at the end of the fourth line, of the
words "Ordinance No. 78 and No. 179 as amended." and insertion
instead of 'Town of Los Altos Hills Amicioal Code.'
Amenclamts were completed, and final action recamimxiing approval of this use perdt
was taken by the following motions:
MOTION SEOCNEW AND WANIMBLY CARRIED: It was roved by Chairman Hahn, seconded
by Commissioner Stewart, and unanimously carried that the Planning Commission recommend
approval of the lands of Westwind Farms, File #CU 8022-77 with conditions as amended.
MYITCN SECUEM AND UNNTn4XTSLY CARRIED: It was moved by Chairman Hahn and seconded
by Commissioner Young that a notice of a categorical exenption he filed for Lands
of Westwind Farms, File #CU 8022-77. The motion passed by unanimous consent.
AIUOURZIM:
There was not further business discussed due to the lateness of the hour, and
at 12:17 A.M. Chairman Hahn adjourned the meeting of the Planning Crnmission for
April 13.
Ptspectfully sukanitted,
Ethel Hopkins
Secretary