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HomeMy WebLinkAbout05/10/1978 (2)PLANNING COMMISSION Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, May 10, 1978 Tape 69, Side I, Tr. 1, 153 to End; Side II, Tr. 1, 001 to 447 Chairman Stewart called the meeting of the Planning Commission to order at 7:50 P.M. in the Council Chambers of the Town Hall. ROLL CALL: Present: Commissioners Stewart, Carico, Lachenbruch, Perkins, VanTamelen, Dochnahl, Kuranoff Absent: None Also Present: Town Engineer Alexander Russell, Town Planner/Engineer John Markl, Secretary Ethel Hopkins CONSENT CALENDAR: Commissioner Lachenbruch requested that. the Minutes. of April 26 be removed from `, the Consent Calendar for correction. MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Carico, seconded by Commissioner Perkins and passed by unanimous roll call vote that the remaining items on the Consent Calendar be approved, namely, the acceptance for filing of the following Tentative Maps: (a) LANDS OF STEERS, File HTM 2087-78, Central Drive and Buena Vista, V. Shahinian, Engineer (b) LANDS OF BERRY HILL FARMS, File HTM 2086-78, Page Mill and Arastradero Road, Dexter Ahlgren, Engineer Commissioner Lachenbruch asked that the last paragraph, second line on Page two be corrected to read: "...because one of the lots being created was of minimal size,..." (the rest of the line remains as written). MOTION SECONDED AND CARRIED: It was moved by Commissioner Dochnahl, seconded by Commissioner Perkins, and carried to approve the Minutes of April 26 as amended. AYES: Commissioners Stewart, Perkins, Dochnahl, Lachenbruch NOES: None ABSTAIN: Commissioners Kuranoff, VanTamelen, Carico PUBLIC HEARINGS: LANDS OF ARASTRA LTD. PARTNERSHIP, File NTM 2065-77, Page Mill Road, Paul Nowack and Associates, Inc., Engineers, Kequest tor Recommendation of Approval of Negative Declaration and Tentative Map - Continued to the Meeting of May 24 - Maps were not received from the engineer to include this item in the discussion for May 10. PLANNING COMMISSION MINUTES - May 10, 1978 Page two PUBLIC HEARINGS: (continued) 2. LANDS OF STAMSCHROR-SILVER File #CU 8029-78 25231 LaRena, Request for Recom- men ation o pprova of Con itrona Use Permit for Secondary Dwelling Without Kitchen Facilities Mr. Markl discussed the above request as detailed in his staff report dated May 4. He called particular attention to the wet bar, kitchen cabinets and sink, and noted that a strong potential existed for kitchen facilities in this secondary dwelling. Commissioners began discussion with Commissioner Carico asking about the connection for the 220 wiring in the cottage, and Commissioner Perkins asking about land con- tours that were missing from the map submitted to the Commission. Commissioner Lachenbruch also noted the need for topographic information and asked for slope density information. Commissioner Kuranoff noted that his concern was to avoid creating a rental unit and pointed to the separate entrance from O'Keefe and the lack of access to the cottage from the main house that re -enforced the idea of a possible rental unit rather than a guest cottage. Chairman Stewart discussed the long and troublesome history of the property, and noted that the applicants had purchased the property when the cottage was vacant. He pointed out, however, that a wet bar area could be easily be converted to a kitchen area, and the cottage could then be a primary rather than a secondary dwelling. L Mr. Markl discussed with Commissioners some of the concerns stated, statinq that the building permit had already been issued and then the applicants informed that a conditional use permit would be required. The applicants had been informed that a sketch would be sufficient for the request. He pointed out to Commissioner Lachen- bruch that no change was being made to the terrain, and that since the parcel was only a little more than an acre and therefore not subdividable, no slope density calculations were necessary. The request before the Commission was to legitimize what was already in existence. Thereafter, the hearing was opened to the public. Mr. C.C. Stamschror, 686 Oran a Avenue, Los Altos, spoke for the applicant, for the retention o t e riveway access to t e cottage, and stated that he and his partner had no intention of having a rental unit from the cottage. He told the Commission that a walkway from the cottage to the main dwelling was being built, cited the distance from the main house and the need for a washing facility as the reason for having 220 wiring, and noted the improvements made by he and Mr. Silver since buying the property and the signatures of neighbors agreeing to the proposed use. Anthon Chan, 25251 LaRena discussed the long history of the property, questioned t e set aces ort a swimming pool on the property, whether the shed met code require- ments, his concern on the newly installed septic tank drainfield, and his concern that the cottage would become a rental unit. Mrs. Vera Russell 25322 LaRena, stated her fears that the granting of this request wou e t e eg nn ng of two homes on a single acre and a change in the rural atmos- phere of Los Altos Hills. She said she was against granting this request, and had the concurrence of her neighbors in this. She stated, however, in response to t Commissioner Perkins that she was not against a secondary dwelling without kitchen �r facilities for non-paying guests. The public hearing was closed, and discussion returned to the Commission. Commissioners PLANNING COMMISSION MINUTES - May 10, 1978 Page three PUBLIC HEARINGS: (continued) 2. LANDS OF STAMSCHROR-SILVER, File #CU 8029-78: (continued) expressed their concerns: Commissioner Kuranoff commended the applicants on their excellent remodeling job but noted that the work done pointed to the use of the cottage as a rental, whatever the applicants' intention; Commissioner Stewart expressed dismay at the issuance of a building permit before a conditional use permit, notino that the City Manager should have been present at the discussion. He drew up a list of information to be supplied to the Commission, and the following motion was passed: MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Perkins, seconded by Commissioner Dochnahl, and passed by unanimous roll call vote that the request be returned to the applicant with the requirement that the following information be supplied and proper conditions worked out by staff for the use permit. Requirements to be met were: 1. Record the Conditional Use Permit. 2. Leave the electrical meters, one on each house with only a 110 volt drop to the secondary dwelling. 3. Water heater is to be on 110 volt or gas. 4. Wet bar sink and drainboard is to be removed and a new wet bar sink shall be installed of the dimensions ll� by 13 inches. 5. Remove the driveway off O'Keefe, fence the property on O'Keefe, and provide a walkway and stairs through a gate to O'Keefe. L 6. Provide stairs with proper safety lighting from the upper residence to secondary `r dwelling. 7. Remove 220 wiring in secondary dwelling. 8. Remove the venting fan in the wet bar area. 9. Land survey the western boundary and locate the pool and all structures in relationship to the western boundary line. 10. Provide a proper map with pad elevations for the primary and subject secondary dwellings. 11. Provide the statement on the deed in reference to the trees Mr. Chan is supposed to maintain. 12. Holes in the floor -pipes are to be grouted and sealed. 13. Remove the shed. It was determined that the Lands of Stamschror-Silver, File #CU 8029-78, would be re -scheduled for discussion as the first item of business at the May 24th meeting. Commissioner Perkins pointed to the need for the City Manager to be present. At 9:18 a recess was called. The meeting was resumed at 9:30 P.M.. 2. LANDS OF RICH File #CU 8031-78, 12400 Stonebrook Drive, North Cal Staking, Engineer, equest for Recommendation of Approval of Review of Conditional Use Permit Mr. Markl discussed the subject request for the Commission as detailed in his staff report of May 4. He noted that Parcel 8 of the Lands of Rich was further subdividable and could support the primary residence plus a secondary structure with kitchen facili- ties. Discussion among Commissioners centered on the deletion of the restriction on kitchen facilities and non-paying guests if the Planning Commission thought it advisable that PLANNING COMMISSION MINUTES - May 10, 1978 Page four PUBLIC HEARINGS: (continued) 2. LANDS OF RICH, File #CU 8031-78: (continued) this be the case. Thereafter, the hearing was opened to the public. Dave Rich, 12400 StonebrookRoad A licant requested that the sewer connection requested n on itron a require at t e time of the final map for the Lands of Rich Subdivision, asked relief from getting a landscape plan in thirty days but noted he will cooperate with the Town, and questioned the necessity of posting a bond to guarantee landscaping. He stated, that if the Commission had no objection, he would like to use the cottage as a secondary dwelling available as a rental and pointed out that those neighbors who signed the use permit application had known that the guest cottagehad been rented out in the past, and that no problems had been incurred. Discussion among Commissioners and Staff centered on the time the landscape plan be made available, with Mr. Russell stating that the plan should be made available by the time of the final map, that the landscape plan be only for the screening of the secondary dwelling, and that the bond, if excessive, could be negotiated between Mr. Rich and Mr. Russell. Concern was expressed by Commissioners Perkins, Carico, and Kuranoff on effective enforcement of Town provisions if a rental with kitchen facilities were to be permitted on this Conditional Use Permit. The following motions were passed: `, MOTION SECONDED AND UNANIMOUSLY CARRIED: It was moved by Commissioner Perkins, seconded by Commissioner Dochnahl, and carried by unanimous roll call vote that Condition 2 of the recommended conditions be amended to read as follows: A landscape plan for the area between the subject secondary dwelling and Parcel 'A' shall be submitted by the applicant prior to final map approval. At that time the City Engineer shall determine the amount of a bond to guarantee the installation and maintenance of the landscaping through two successive summers and terminating at the end of the second year. The planting shall be accomplished by the end of 1978. MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Perkins, seconded by Commissioner Lachenbruch, and passed by unanimous roll call vote to add as Condition 4: Kitchen facilities may be included. MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Perkins, seconded by Commissioner Lachenbruch and carried by unanimous roll call vote that the following be added as a condition: Condition 5. The restrictions on non-paying guests as per Section 9-5.703(k) shall be removed, subject to annual review by the Planning Commission. Also to be added as "Comments from the Commission" was the following: Conditions 4 and 5 have been added because: (1) All neighbors within 300 feet were contacted and concur with the guest house's present and proposed use; and (2) The guest house is isolated and/or screened from adjacent property and is located close enough to the primary dwelling to permit adequate supervision of its use. MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Dochnahl, 16, seconded by Commissioner Carico and passed by unanimous roll call vote that the Lands.. of Rich, File #CU 8031-78, be recommended for approval with conditions as amended. PLANNING COMMISSION MINUTES - May 10, 1978 Page five PUBLIC HEARINGS: (continued) At 10:25 P.M. a recess was called. The meeting resumed at 10:35 P.M.. 3. LANDS OF FREMONT HILLS COUNTRY CLUB file #CU 8010-76, Viscaino Road, V.Shahinian, Engineer, Request or ecoiRnF a ion o pprova of Review of Conditional Use Permit Mr. Markl reviewed for the Commissioners pertinent information on the above request as detailed in his staff report dated April 26. He noted that the earth material had been removed on the recommended condition, and that the rotted foundations would have to be replaced. He noted that a concrete ditch may be provided along the barn to divert drainage away from the foundation areas of the barn. Commissioner Carico asked about the number of horses permitted and suggested that if more than 30 horses were maintained at the facilities, the applicant should apply for a permit to keepthem. She questioned if periodic Health Department checks were made at the facilities and was assured that this was the case. The public hearing was opened and closed, with no one speaking on the request. Thereafter, the follow- ing motion was passed: MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Carico, seconded by Commissioner VanTamelen, and carried by unanimous roll call vote that the conditional use permit review for the Fremont Hills Country Club, File #CU 8010-76, be recommended for approval, subject to the recommended changes and amendments on the staff report far dated April 26, 1978. OLD BUSINESS: 1. Tentative Ordinance on Fencing (for Discussion Only): 2. Uses Within Conservation Easements: Chairman Stewart noted that each Commissioner had been requested to submit his comments on the above issues, and that after discussion remarks would he summed up and sent to Mr. Gillio for consideration and further comment. Both Commissioners Lachenbruch and Perkins, however, felt that the Commission should first have current information on the State law regarding conservation easements before they proposed a checklist for the Town's conservation easement areas. Commissioner Perkins proposed that Staff write a letter to Mr. Gillio and request him to supply information on sections of the state code that address conservation easements, and how these affect what the Town might legislate under Section 9-4.604(d), page 275, of the Municipal Code and Ordinance No. 232, Section 9-4.1406. He asked that the letter contain the first paragraph of his "Comments", and that Mr. Gillio be requested to supply this information by the meeting of June 14. Discussion moved to the matter of the proposed fencing ordinance. Commissioner Carico stated that she did not submit further comments on this because it was her feeling that the first paragraph of Commissioner Dochnahl's comments on fencing adequately summed up her feelings on the matter. Commissioners discussed what they generally hoped to avoid in a fencing ordinance: (1)the kind of masonry kaw entryway that was constructed at Shady Oaks Courtby the subdivider there, and (2) any kind of fencing that completely encircles and makes a single development an area exclusive of other areas in the Town. Commissioner Kuranoff noted that even masonry walls could be attractive.. PLANNING COMMISSION MINUTES - May 10, 1978 Page six or OLD BUSINESS: (continued) Tentative Ordinance on Fencing (for Discussion Only): (continued) Uses Within Conservation Easements: (continued) Chairman Stewart proposed,with the consensus of the Planning Commissioners, that Mr. Markl draft an ordinance stating that the Planning Commission and City Council shall approve fencing for subdivisions. He requested that Mr. Markl also submit a list of guidelines on fencing, and that the matter be re -submitted to the Planning Commission for discussed in four weeks (or the meeting of June 14). NEW BUSINESS: 1. LANDS OF ASTRA ESTATES, File NTM 2081-78, LaPaloma Road, Siegfried Pfendt, Engineer, Recomren anon or toy and Uons1deration of a Field Trip Mr. Siegfried Pfendt, Engineer for the Lands of. Astra Estates, proposed, in orcer to peal more ettectively with the design of the proposed subdivision, that the advice and consideration of the Planning Commission would be invaluable in developing an acceptable plan. He,therefore, proposed that a field trip to the subdivision site be taken on Saturday, May 13. This date was later changed to Friday, May 12, at 4:30 P.M.. Commissioners and Staff were to meet with Mr. Pfendt at LaPaloma and Westwind Way. 2. Preliminary Grading Plans for Homes - Site Development Meeting ReW cement: Mr. Russell noted that he had addressed the Variance and Permit Commission meeting earlier in the evening with the proposal that rather than have site development requests addressed by a full and complete set of plans from the applicant, that the applicant instead be requested to submit first a pre- liminary grading plan with an exterior view of the house. Too frequently the house is designed by an architect and then submitted to an engineer who must make the grading fit the house design. The grading and house design should instead fit the kind of terrain involved, and the requirement to sub- mit preliminary plans first could result in substantial savings to the applicant. It was the consensus ofthe-Comoissionthat this procedure be adopted for both subdivisions and building site approval requests. 3. Building Permits for Non -Conforming Structures: It was proposed by Commissioner Lachenbruch that the Chairman discuss with Mr. Crowe Town procedures on the issuance of building permits for non -conforming structures prior to the approval of conditional use permits or variances. (This proposal was in reference to the earlier discussion on Stamschror and Silver, File HCU 8029-78.) Chairman Stewart proposed that Commissioner Lachenbruch accompany him at the time of the discussion with Mr. Crowe, and Commissioner Carico also added that the Building Official Daryl Fazekas�be present at the discussion. 4. Letter from Commissioner Lachenbruch on Proposed Amendments to Ordinance 239: Discussion on the April 28 letter from Commissioner Lachenbruch relative to Ordinance 239 was delayed until the meeting of May 24. It was proposed that PLANNING COMMISSION MINUTES - May 10, 1978 Page seven tw NEW BUSINESS: (continued) 4. Letter from Commissioner Lachenbruch on P esod Amendments to Ordinance 239: continue discussion take place in a study session for one-half hour to take place after the roll call. 5. Clarification of Section 9-5.503. Height (Municipal Code): Mr. Russell asked the Commission to determine whether the thirty foot height for structures should be measured from the fill on a lot, the cut on the lot, or from the natural grade. Commissioners discussed the matter and determined that the height of a structure should be measured from the natural grade. Commissioner Lachenbruch pointed out that measuring from the natural grade would discourage large amounts of fill and encourage stepping houses down the hillsides, and so very tall structures would be excluded or discouraged. The consensus was that the ordinance should be amended to note that the height of structures should be measured from the natural grade. 6. Geologic Map: Commissioner Lachenbruch asked that Mr. Cotton's presentation of his geologic ` map and report be delayed until the meeting of June 14. ADJOURNMENT: There being no further new or old business, Chairman Stewart adjourned the meeting of the Planning Commission at 12:10 A.M.. Respectfully submitted, Ethel Hopkins Secretary