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HomeMy WebLinkAbout04/27/1977 (2)4 PLANNINC (T"IISSION Town of Los Altos Hills 26379 Fmve nt Road Los Altos Hills, California MINUTES OF A REGULAR M=INC Wednesday, April 27, 1977 Reel 58, Side I, TY. 1, 271 to Ehd;Side II, Tr. 1, Onl to 676. Chaim Hahn called the meeting of the Planning Candssion to order at 7:50 P.M. in the Council Chm ld rs of Town Hall. �i„f1�3r��3�1�a�r�aT�;;17:a awed ,wr Present: Crnmissicnem Perkins, Stewart, Young, Schick, and Hahn. Absent: Cc missicner Carim Also Present: Town Engineer Alo,wn.lPr Russell, Town Planner/Fhgineer John Markl, Secretary Ethel Hopkins 0C NSEN f CALENDAR: 1. Minutes of April 13, 1977: This item on the consent calendar was rercved and requested to be continued to the meeting of May 11 for the reason that the secretary had not had enough tirue to transcribe them. MMICN SECONDED AND CARRIED: It was moved by Cormi.ssioner Schick and seconded by Commissioner Perkins to approve the mmainina item on the consent calendar, namely, acceptance for filing of tentative map application, Lands of Saddle Mountain Estates, File KM 2060-77, Arastradem road, J. Clegg, Engineer. PUBLIC HEARINGS: 1. LANDS OF RICH, File #14 2048-76, Stanbrook Drive, North Cal Staking Services, Inc., Engineers, Request for Recomendation of Approval on Tentative Map. Mr. Markl referred the Commissioners to his revised staff report of April 22 and drew particular attention to Appendix 13, the "Geologic and Seismic Hazards Investigation for Lands of Ries.” Considerable discussion occurred amnq Commissioners on the recd rendation of a ten foot setback fran the fault trace m Lands of Rich with Cammissicner Perkins asking about the adequacy of this recomendation and whether this was not the same fault trace that ran across the Wild Barley Hill Subdivision. Mr. Markl, however, cautioned against drawing the same kind of conclusions on Lands of Rich as an the Wild Barley Hill Subdivision since the latter subdivision was sore distance away and across the freeway fran the Lands of Rich. Mr. Russell added that a twenty-five foot setback fan a fault trace was Probably reasonable, and discussion on this matter was suamed up with Commiissioner Stewart moomendina that the applicant revise his map to show hw+ a hone could be constructed with an allowance for a twenty-five foot setback from the fault trace rmmnina across 1 the property � W Omrdssimer Perkins stated that before the Commissioners could approve the tentative amp, the serious problem of access on Stonebrodk Drive should be solved. Thereafter, PLANNING M*1ISSICN MLN[71'ES - April 27, 1977 Page two PUUZC HEARINGS: (continued) 1. LANDS OF RICA, File 0IT1 2048-76: (continued) the hearing was opened to the public. David Rich, 12400 Stonebroek Drive said he was "crushed" by the further delay on s subdivision request, iiZ=thee difficulties he has had getting in touch with neighboring property owners, and noted that the qeoloqists have proposed more than one alternative to dealing effectively with the fault trace on his property. Mr. Rich stated his opposition to the pathway request, saying that he would be required to give up a quarter of an acre of land to acammodate the request, that his property would be encircled on three sides with a path, and calling into question the safety of children on Stcnebrock Drive, and that the pathway rea est would necessitate the removal of sizeable trees in the area. He suggested that the pathway on Stauebrook should instead he located on the other side of Stonebmok Drive. Walter Strate, North Cal Stakin Services, 775 Iola Lara Mountain View discussed e soilangeological investigations at e p ace on the property. Betsy Fiksdal, Pathway Comnittee Chaircm-n spoke for the pathway request. She state�itt a Rech property was the key to a pathway that would go along the Highway 260 fence, along the Dawson property and down to ttagda7ena. 40 Chairman Hahn noted that the pathway request along Stcnehrook would necessitate accampdating a grade, renuval of trees and telephone poles, and expressed doubt that a goal path could be obtained. Air. Markl also noted that staff was opposed to the pathway request along Stonebreok because it would be dangerous. He too said that the path would be better on the other side of. Stonebrook Drive. Mrs. Fiksdal conceded that it was not a crucial matter on which side of the mad UE pa .fi was on, but that she was particularly concerned about the path along the freeway fence. Mr. Rich, applicant, noted that the panhandle area on his lot was a good place for a swvmung pool or tennis court, but the proposed equestrian pathway request would necessitate building a high fence that would interfere with the view. He objected again to the pathway request. Thereafter, the public hearing was closed. Discussion was concluded, and both the applicant Mr. Rich and Mr. Strate, his engineer, agreed to an extension of the fifty day time period for tentative maps so that unresolved problems on the application could be resolved. ?VTICN SEMOED AND CARRIED: It was moved by O mnissioner Stewart and seconded by Commissioner Schick that the lands of Rich, File (FTM 2048-76 be continued so that Mr. Rich can bring his plan back to the Camnission with the following items resolved: 1) The width of the fault along with a provision for a bcenty-five foot setback on each side of the fault, and a building envelope that will conform to this setback. ('The building envelope is to include any future pool, tennis court, v or other amenity to preclude future requests for variances.) 2) A proposed plan for improving the sight distance on the entry way; and 3) The resolution of the path issue. PLANNING CM41SSI(N MXMS - April 27, 1977 Page three PUBLIC BEARINGS: (continued) 1. LANUB OF RICH, File #TM 2048-76: (continued) All CmucLssioners voted for the approval of the motion on Lands of Rich. At 9:10 a recess was called. The meeting resumed at 9:21. 2. LANDS OF SUIDZINSKI, File #CU 8013-76, 27150 Moody Court, Paul F. Nowack & Associates, Engineers, Request for Reccmendation of Approval on Conditional Use Permit Penewal Review. (Continued from April 13.) Mr. Markl referred to his April 6 and April 18 staff reports to the Commission, and stated that he had no further comments to add on the use permit renewal. Discussion among Commissioners centered on the issues of whether or not the present conditional use permit was being complied with and whether the plmmbinq facilities in the larger of the two existing facilities would have to be removed. Mr. Markl answered the question on the removal of the kitchen facilities by statina that these facilities would have to he removed because Mr. Suidzinski's lot is not further subdividable,and under the code could have one primary dwelling and a quest house without kitchen facilities. Mr. Markl stated further that at the tire of the original discussion on the use 0*0 permit, the matter of evicting an elderly couple livinq in the smaller of the two existing dwellings was discussed. He suggested adding a condition to the use permit that would require kitchen facilities in that dwellina to be removed when the new residence is completed or when the elderly couple finds a new home as one way to handle the problem. Ccumissioer Young pointed out that the second, smaller dwelling on the property is not in cmpliance with the use peumit conditions and referred to the Planning Commission letter of. April 29, 1976 wherein the issue of a use permit for the lands of Suidzinski was discussed. This letter stated that two rental residences on a property would be a breach of Town ordinances and should not be allowed. The letter stated that the Crnmission's recd n ndation at that time was for a use permit for a single secondary dwelling without kitchen facilities. Commissioner Schick added to the discussion that the twenty-year limit on non -conforming structures had expired, and that the Town ordinances allowing a single residence on non-subdividable land should be upheld. Commissioner Perkins stated that the matter of the elderly couple living in the smaller of the two dwellings was outside the issue of whether the conditions of the use permit were being caoplied with. Mr. Suidzinski's request for an exception to the rules should instead be taken before the City Council. Various solutions on bringing about compliance on Town ordinances were proposed by Conmissioers Young and Schick, and thereafter the hearing was opened to the public. Joe Suidzinski, applicant, addressed the Cormissioners and stated that he will na�roiem cc p-Lyyunq with Condition 9 on his original BSA request and the conditions of the use permit as soon as his new dwelling is completed. He said he had already given notice to the people living in the lancer of the two dwellings. He requested that Planning Commission recommend to Council that the removal of PLANNING CCMHSSICN YMWIES - April 27, 1977 Page four ` PUBLIC BF=GS: (continued) 2. LANDS OF SUININMU, File $CU 8013-76: (continued) of kitchen facilities in both dwellings be delayed until his new residence is ccrpleted and final inspection is made estimating the time to be by July 1977 and adding that August 15 would be the "drop dead date." After Mr. Suidzinski's remarks the public hearing was closed. When motions were made to the effect that all conditions on the use permit would have to be complied with by August 15, Ccrmissimer Schick stated that she was opposed to "allowing two rentals on me property to go on one day longer." Conmissimer Stewart, however, asked that the Commissioners take a more compassionate view toward the applicant's request. fie spoke for allowing the elderly cmmle to remain as long as they wished since they had already lived in the dwelling for seventeen years. fie said that the smaller of the two dwellings could be brought into compliance at the time that the couple moved out of it or found another resi- dence. 'Thereafter, the following motions were passed: MMON SECCNrM AND UNANT6DUSLY CN=-. It was moved by Commissioner Perkins and seconded by Crnmissioner Schick to add as Condition 4 to the List of Conditions on the Conditional Use Permit the following: The larger of the two existing older units shall be converted to a guest house in compliance with Town ordinances, Section 9-5.214 at the time of final inspection, but not later than August 15, 1977. wriCN SEca= AND CARRIED: It was moved by Cammissioner Hahn and seconded by Cmmissioner Perkins to add the following condition to the Use Permit: All plumbing and plumbing fixtures, with the exception of a utility sink, a gas line for a kiln, and a hot water heater, shall be removed from the smaller wooden house prior to the final inspection of the new primary dwelling, but not later than August 15, 1977. Voting for the motion were Commissioners Perkins, voma and Hahn. Cctmissioners Stewart and Schick voted against it. After it was determined that the motion had passed, (omnissioner Schick said that she wanted to cp on record to say that the Omnissicners had voted for a sanctioning of the violation of the Town's zoning ordinances. MM7ICN SECO= AND UNANIMUSLY CAM=: It was moved by Ccmmissicner Schick and seconded by Chairman Hahn that Condition 2 be removed from the Use Permit because it was null and void. MYrIIN SEOCNDED AND CARRIFD: It was moved hyv Co Tnissioner Perkins and seeohaed by Chairman Hahn to recce end approval of the renewal of Lands of Suidzinski Conditional Use Permit with conditions as amended by the Planning Commission. Voting for the motion were Commissioners Perkins, Young and Hahn; against it were Commissioners Stewart and Schick. Commissioner Stewart noted that when he addressed the applicant's request, he had meant the applicant's letter dated April 18, 1977 requesti_na an exception to Town ordinances. Chairman Hahn ruled that this letter could be discussed under New Business. PLASV= CON aSSICN MMUTES - April 27, 1977 v Page five PUBLIc HEARINGS: (continued) 3. APRICOT TRIS CONDITIONAL USE PERMIT File OCU 8021-77, Fremont and Arastradero lbads, R. Murray,TaU tett, Request for Recamrtendation of Approval of Conditional Use Permit. Mr. Markl referred the Commissioners to his staff report dated April 25, and then demonstrated by means of a map transparency the applicant's plans to convert the residences to school uses. The Caonissionere discussed the use permit application: Commissioner Schick pointed out that with the school hours extending to 6:00 P.M., the school would be like a day care center. CamiLssioner Perkins inquired about adequate parking and traffic flaw provisions. Nr. Markl responded to cau is by noting that the proposed school is one of gradual development from the present kindemarten and first grade classes with later expansion planned up to the sixth grade, but that as the school expanded its grads the Planning Commission would have the opportunity to review the use permit and make appropriate reo=mendatio s. Thereafter, the hearing was opened to the public. and administrator of the school activities and atmosphere that Apricot Tree School would foster, the proposed development of the school through the sixth grade, parking and custodial provisions, 40 and emphasized that Apricot Tree School would not be a day care center. It would be a private school. Bary Willis, 26970 Arastxadro Road,a new resident of the Town, spoke against $s granting o r� ause pPsmit. He said that Los Altos Hills was an island of tranquility in what is and what will be a significant urban area. Joe Seiger, owner and tenant in carman with Dr. Simon of property at 27050 Old Trac Road, called attention to two issues to be clarified. They were: 1) the need for $i. school, and 2) was the property suitable for the use proposed. After reviewing facts he had gathered on the issues, he regtested that the Commissioners deny the request. VincentLiu, 275 Rodri Avenue, Mil utas, owner -to -be of property at 27241 West FreRMt Roa , reques t a letter read to the Cm ssioners stating his opposition to the granting of the use permit be made a part of the file record. 9 Laub, Arastradero and Fre=t Roads, noted that her husband had signed the pet tion = savor oft� t, ut that she was speaking against the use permit because it would be an invasion of her property. Mrs. Agnes Helc�esson, 26925 St. Francis Drive, stated her objection to the noise the moos s� a generate aneasKea that the Cammi.ssim deny the use permit. Mr. Joe Sisson, caner of Lands of Sisson on West Fremont ?mad, spoke against the granting of the use permit. Jack Simon, 27075 old Trace Lane, stated his strong opposition to the granting oTTKTuse permit, noting tnat it would be an invasion of privacy and would spoil the beauty of the hills, and that it was not needed. PIANNING CMIISSICN =IMS - April 27, 1977 Page six 40 PUBLIC HEAIa7GS: (continued) 3. APRTCI7T TREE CONDITIONAL USE PERMIT, File #CU 8021-77: (continued) Leslie Bel esson, 26925 Saint Francis Drive, noted that the area under discussion was to a rest tra area accoraing to the General Plan. He stated he was against the granting of the use permit, and stated that no environmental impact report had been made. Marilyn1� , LiddicoatCrcle, spoke for the approval of the use permit. She m mcamndea that the school ne seen before a judgement was made against it. Don Lang, Liddicoat Circle, spoke for the approval of the use permit. Cheryl Crisler, 27161 Fremont Iniad, spoke against the approval of the use permit. Ray Johnson, 11564 Arroyo Oaks, spoke for the approval of the use permit, noting that son was a student them for the past three years and that she had never experienced traffic problems with dropping off or picking up students. The public hearing was closed and the Camiissionem voiced the folluAnq concerns on the use permit request: Chairman Hahn said that this was not a good location for the school, and that no environmental impact study had been made. 040 Omnissioner Schick said that them were not enaxah children to keep Fremont School open, that Purissima School had been closed, and that there was no need for the school. She com ended the quality of the school, but she was still opposed to the granting of the use permit. Camnissicmr Perkins said he was sympathetic to the school's aims, but voiced concern with lack of conformance with the General Plan, the nu&er of other public facilities in the same general area, and the concerns expressed by neiqhborinq property owners. Canmissioner Young noted the quality of Apricot Tree School but mow ended the applicant seek an area with less congestion and less drastic impact on neighbors. OmT ssioner Stewart noted that after visitinq the school, he found noise a signifi- cant factor. He recd mended the applicant seek another location that would not interfere with the privacy of a rural envirornmnt. myriCN S]XSw= AND LNANI mmy PA45ID: It was moved by Omr ssioner Perkins and seconded by Comnissiorner Young that it be recomended that the Apricot Tree Conditional Use Permit, File fMB021-77, be denied for reasons related to traffic, noise, and invasion of privacy. NEW BUSIDIESS: Camdssianer Penicins raised the issue of W. Suidzinski's April 18 letter requesting relief fran Condition 9 on his BSA request to the effect that the Town would qrant permission to an elderly couple to continue living on his property. Mr. Russell suggested that possibly a conditional exception could be granted, but that it would have to be at a duly noticed public hearing. It was the concensus of opinion, however, PLANNING CUMIISSICN MINUTES - April 27, 1977 Page seven 4 NEW BUSINESS: that the City Council should review Mr. Sui.dzinski'a request. Commissioner Schick again stated that she was against any changes in the Town's zoning ordinances. Commissioner Young expressed the opinion that Mr. rUllio should be asked for his opinion on the granting of relief from Municipal Code requirements. In any case, the Planning Commission would await direction from the City Cotmcil. CIU BUSINESS: Commissioner Schick asked about the City Council's request that the Ccsmission make recommendations on zoning for the buildings on the Town Property at 26379 Fremont Fuad and also on the six residential areas of the General Plan. It was concluded, however, that special time wculd have to be set aside to discuss these issues. HrICN SDCSNDM AND Ui7iNDIDUSLY APPTVVFa: It was mored by Commissioner Schick and seconded by Cmudssicner Stewart that on I'bnday, May 2, the Planning Commission would meet at 7:00 P.M. to discuss "Zoning for Ton Hall". AnJOU1SII=- The hour being late, Chairman Hahn adjourned the April 27 meeting of the Planning Commission to Monday, May 2. Adjournment occurred at 12:17 P.M.. Respectfully submitted, Ethel Hopkins Secretary V