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HomeMy WebLinkAbout11/12/1980PLANNING COMMISSION Town of Los Altos Hills A. 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, November 12, 1980 Reel 90, Side I, Tract I, 000 -End; Side II, Tract I 000-275 The meeting of the Planning Commission was called to order by Chairman vanTamelen at 7:50 n.m. in the Council Chambers of the Town Hall. ROLL CALL: Present: Commissioners Carico, Dochnahl, Kuranoff, Lachenbruch, Rvdell, Stewart, vanTamelen Absent: None Also Present: City Engineer/Planner Sohn A. Carlson, Assistant Planner Pat Webb, Secretary Leslie Penfold CONSENT CALENDAR: The following items were removed from the Consent Calendar: 1) Minutes of October 22, 1980 The minutes of October 22, 1980 were amended as follows: 1) on Page two, last Paragraph, second sentence, Commissioner Kuranoff requested that this be revised to read as follows: ..this offer shall be accepted, if an alternate connecting, pathway between Via Felix and Byrd Lane is obtained, this offer shall not be accepted by the Town." 2) on page two sixth naragraph, to be revised as follows ...condition it not be accented, until such a time as a connector path is established." It was Passed by consensus to approve the minutes as amended. MOTION SECONDED AND PASSED BY CONSENSUS: It was moved by Commissioner Lachenbruch and seconded by Commissioner Dochnahl that the remainder of the Consent Calendar be approved. REPORT FROM CITY COUNCIL MEETING OF OCTOBER 30, 1980: Commissioner vanTamelen discussed the City Council actions on the Lands of Lee and the proposed Fire Protection. MEMO FROM CITY ATTORNEY; RE CARDING THE LANDS OF KANE: The City Attorney's memo indicated that deferment of improvements requires a subdivision Agreement and Bond. Commissioners discussed the possibility of staff looking into any exceptions that might have been madetothis requirement by the Town and cities similar to Los Altos Hills. Mr. Carlson noted that staff womld look into this request and re- turn with an answer as soon as Possible; he further noted that it would be to the advantage of the property owner to improve his property at this time. �. PUBLIC HEAFINGS: 1) Lands of Elibu Abrahams, File i1SA 3-80, 28065 Natoma Road, Dexter D. Ahlgren, Engineer, Request for Recommendation of Approval for Site Approval. PLANNING COMMISSION MINUTES OF NOVEMBER 12, 1980 PAGE TWO Lands of Elihu Abrahams, (continued) Mr. Carlson referred to his staff report dated November 6, 1980, indicating that staff was not recommending the applicant install improvements. However, the Pathway Committee is requesting a Type IIB Pathway be installed. Mr. Carlson reviewed the Conditions of Approval as written in his staff report dated November 6, 1980. The Public Hearing was opened and closed with no one speaking for or against this item. Commissioners discussed the subject Site Approval and began a review of the Conditions of Approval. Condition 1.A: It was passed by consensus to accept Condition I.A. as amended, to read as follows: The owner shall dedicate a thirty foot (30') road right-of-way, measured from centerline, along Natoma Road and provide a thirty foot (30') private road easement, measured from centerline, along the private road. The radius of the bulb shall be fifty feet (50'). VOTE: Ayes: Commissioners Carico, Dochnahl, Kuranoff, Lachenbruch, Rydell, vanTamelen Noes: Commissioner Stewart Abstain: None Commissioner Stewart noted that he voted no because requiring the dedication of land in Condition 1.A. would make this lot substandard. The required dedication could be obtained from the property on the opposite side of the private road without any detri- mental effect on that property. Condition 2.A: It was passed by consensus to omit Condition 2.A. Mr. Dexter D. Ahlgren, engineer, informed the Commissioners that he had already sub- mitted a soils report. Conditions 3.A. and 4.A: It was passed by consensus to approve Conditions 3.A. and 4.A. Condition 5.A: It was passed by consensus to amend Condition 5.A., as follows: A Type II B Path shall be constructed along Natoma Road. Condition 6.A: It was passed by consensus to approve Condition 6.A. Condition 7.A: MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Carico and seconded by Commissioner Rydell to add Condition 7.A, to read as follows: The existing residence on this lot shall be removed prior to Final Inspection of any new residence. Condition 8.A: MOTION SECONDED AND PASSED BY CONSENSUS: It was moved by Commissioner Lachenbruch and seconded by Commissioner Rydell to add Condition S.A. to read as follows: The forty foot (40') front yard setback shall be applied to Norma Road, irrespective of Placement of house and driveway. Condition 9.A: It was passed by consensus to add Condition 9.A. to read as follows: This Parcel will enter into a Private Road Maintenance Agreement at such time as one becomes available on the Private Road. MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Carico and seconded ` by Commissioner Lachenbruch to approve the Lands of Elihu Abrahams, File CSA 3-80 as amended. 2) Lands of Peterson, File CSA 4-80, Natoma Road, Dexter D. Ahlgren, Engineer, Request for Recommendation of Approval for Site Approval. PLANNING COMMISSION MINUTES OF NOVEMBER 12, 1980 PACE THREE Lands of Peterson, (continued) Mr. Carlson referred to his staff report dated November 6, 1980, indicating this Site Approval is very similar to the Lands of Abrahams. The Public Hearing was opened and closed with no one speaking for or against this item. Commissioners discussed the Site Approval and began review of the Conditions of Approval. Condition 1.A: It was passed by consensus to accept Condition I.A. Condition 2.A: It was passed by consensus to omit Condition 2.A. Mr. Dexter Ahlgren, Engineer, indicated that he had already submitted the soils report. Condition 5.A: It was passed by consensus to add Condition 5.A. to read as follows: This Parcel will enter into a Private Road Maintenance Agreement at such time as one becomes available on the Private Road. Condition 5: To be re -numbered as Condition 6. MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Carico and seconded by Commissioner Lachenbruch to amend Condition 6.(c) as follows: (c) Path -in -lieu Fee: $300.00 MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Carico and seconded by Commissioner Lachenbruch to approve the Lands of Peterson, File (RSA 4-80, as amended. 3) Lands of Westwind Farms, File #CUP 8022-77, 27210 Altamont Road, Request for Recommendation of Approval for Annual Review. Ms. Webb referred to her staff report dated November 6, 1980 indicating that the requirements addressed by the Health Department have been taken care of by Westwind Farms. She indicated that the Board of Directors are currently preparing a long range plan for future review by the Planning Commission. Commissioners discussed this request for annual review briefly, feeling that the conditions were complied with. MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Lachenbruch and seconded by Commissioner Dochnahl to approve the Annual Review of the Conditional Use Permit for the Lands of Westwind Farms, File #CUP 8022-77. 4) Lands of Bellucci, File #CUP and #Vl8 AR12-0, Paul Nowack Associates,Permit and Engineers, Request for Recommendation of App Mr. Carlson reviewed his staff report dated November 7, 1980, indicating that the Plan- ning Commission should consider first the Conditional Use Permit to approve or not approve the use of the Secondary Dwelling and then consider the Variance, which is for: 1) retaining the existing kitchen facilities; 2) the existing dwelling is 1,400 square feet living space, where the Code only allows 1,000 square feet; 3) have a permanent resident live in the secondary dwelling (as requested by Mr. Bellucci at the meeting). The Public Hearing was opened for discussion. Mr. Bellucci, owner, presented pictures of the existing secondary dwelling and kitchen facilities, noting that the residence is of historical significance to the Town. Mr. Laws, 11210 Hooper Lane, spoke in favor of the Planning Commission approving the Conditional Use Permit and Variance for the Lands of Bellucci. PLANNING COMMISSION MINUTES OF NOVEMBER 12, 1980 PAGE FOUR Mr. Jon Lynch, Engineer, wanted to add that one of the reasons for requesting the variance was to allow 1,400 square feet and by modifying the residence to 1,000 square feet may adversly effect the structure. Commissioners discussed the Conditional Use Permit as it relates to the four findings of fact for granting a Conditional Use Permit, Section q-5.1107 of the Municipal Cade. Commissioners also discussed the historical significance of the residence. MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Rydell and seconded by Commissioner Stewart to approve the Conditional Use Permit for the Lands of Bellucci, File #CUP 3-80, as amended. The following findings of fact satisfy the four conditions for a Conditional Use Permit in Section 9-5.1107 of the Municipal Code. 1) the proposed facility is properly located in the community as a whole; 2) the site is adequate for the use; 3) the site is adequately served by streets that will accept the traffic generated by the use, and; 4) the proposed use will not adversely effect the abutting property. Lands of Bellucci, Variance #12-80 Mr. Carlson noted that the applicant was applying for the variance to allow, 1) the existing residence to stand at 1,400 square feet; 2) keep the existing kitchen facilities; 3) allow a permanent resident. Noting that if the Planning Commission wished to approve the Variance they must justify the six finding of fact for a Variance, as required in Section 9-5.1107 of the Municipal Code. Commissioners began discussion on the Variance. The Variance was reviewed in three steps: 1) Allow 1,400 square feet of living space MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Lachenbruch and seconded by Commissioner vanTamelen to allow 1,400 square feet of living space for the following reasons: As required in Section 9-5.1107 of the Muncipal Code 1. The historical significance of the dwelling provides an exceptional circumstance which does not apply generally to other properties in the vicinity. 2. Literal enforcement would require removal of a portion of the structure which would effect its historical significance and architecture. 3. The strict application of the Code would deprive the property owner privileges en- joyed by others. 4. This variance will continue the enhancement to the public welfare due to its his- torical significance. 5. The variance will not authorize an illegal activity. 6. Retaining the residence in its entirety is in harmony with the General Plan. 2) Allow existing kitchen facilities to remain MOTION SECONDED AND FAILED: It was moved by Commissioner Carico and seconded by Commissioner Stewart to allow the kitchen facilities to remain, based upon the his- torical significance of the residence. ` VOTE: Ayes: Commissioner Carico and Commissioner Stewart Noes: Commissioner Dochnahl, Kuranoff, Lachenbruch, Rydell, vanTamelen Abstain: None PLANNING COMMISSION MINUTES OF NOVEMBER 12, 1980 PAGE FIVE Lands of Bellucci, File #VAR 12-80 (continued) The Commissioners could not find that the request to retain the kitchen facilities t met #1 of the variance requirements, since there were no exceptional or extraordinary circumstances that applied to this property. Commissioners felt items 3 and 5 of thelev ,,II variance requirements also were not met, and requested staff to prepare a letter to C the Ctiy Council indicating: they did feel the kitchen facilities should remain Uy1En .$� until the lot is sold or further developed, but could not find justification for (10'& this. 3) Allow a Permanent Resident MOTION SECONDED AND FAILED: It was moved by Commissioner Carico and seconded by Commissioner Kuranoff to allow a Variance for a permanent resident to live in the secondary dwelling. VOTE: Ayes: Commissioner Carico, Kuranoff, Stewart Noes: Commissioners Dochnahl, Lachenbruch, Rydell, vanTamelen Abstain: None Commissioners after recommending approval of the one variance, re -consider the Conditional Use Permit. The following conditions were applied to the Conditional Use Permit #3-80, for the Lands of Bellucci: It was passed by consensus to add the following: Condition 2. There will be no additional living space incorporated in the secondary dwelling. Condition 3. If the primary dwelling is dismantled or re -built the Conditional Use Permit shall be reviewed. OLD BUSINESS: Commissioners discussed briefly the status of the Development Intensity Limitation Ordinance, indicating that Mr. George Mader of William Spangle & Associates is to prepare a purpose statement. A meeting with Mr. Mader and the Development Intensity Committee will be scheduled as soon as possible to discuss this item. There being no further new or old business, the meeting was adjourned at 12:10 a.m. Respectfully submitted, Leslie Penfold Engineering/Planning Secretary