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HomeMy WebLinkAbout09/12/1990i PLANNING MINUTES OF THE REGULAR MEETING TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD LOS ALTOS HILLS, CALIFORNIA WEDNESDAY, SEPTEMBER 12TH, 1990 cc: Cassettes #15-90(1),15-90 (2) 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Chairman Jones and Commissioners Comiso, Ellinger, Noel, Pahl, Stutz Absent: Commissioner Carico Staff: Bill Ekern, Director of Public Works; Ann Jamison, Planning Director 2. PRESENTATIONS FROM THE FLOOR There were no presentations from the floor. 4 3. PUBLIC HEARINGS 3.1 LANDS OF GREWAL, 14520 Miranda Road: A request for a variance to the 30 foot yard setback requirement and a site development permit for an addition to an existing residence. Ann Jamison introduced this item referring to the Staff Report and noted the greatest encroachment into the setback is 2.5'. She clarified the addition involved continuing the existing line of the rear wall of the house 17' and adding a garden trellis of T making the 24' noted in the Staff Report. The Public Hearing was opened. No one wishing to speak, the Public Hearing was closed. MOTION SECONDED AND PASSED: Motion by Comiso, seconded by Noel to approve the variance noting Staff's recommended findings 1 - 4 and conditions 1 - 5. AYES: Chairman Jones and Commissioners Comiso, Ellinger, Noel, Pahl, Stutz NOES: None ABSENT: Commissioner Carico PLANNING COMMISSION MINUTES September 12th, 1990 Page 2 Approved 3.2 LANDS OF HAU,13901 West Edith: A request for a site development permit for a new primary dwelling and second unit. Commissioner Comiso noted she had received revisions to Dr. Hau's plans. Ann Jamison clarified that Staff had not received nor reviewed any additional drawings for the project. Commissioner Ellinger noted that he had not received the drawings. Ann Jamison introduced this item, referring to the Staff Report. She also noted several letters were received early that week from residents regarding the proposal and were placed at each commissioner's seat for their review. The Public Hearing was opened. Betsy Leight, 14200 Sholes Court, conveyed a message from her neighbors, Alex and Jane Berger, who were unable to speak at the meeting but have been residents of the Town for 40 years and have submitted a letter to the Commission outlining �. concerns with the proposal. Mrs. Leight read her letter to the Commission expressing concerns that building of the concert hall invites use, specifically, commercial use, there is no guarantee the hall will only be used for family and friends and on an infrequent basis, or that a future owner would use it in that way. She expressed concern with the size of the house at the minimum setbacks, and felt the concert hall and seven bathrooms were inappropriate for the neighborhood and the Town, as was a 2000 square foot second unit, and had concerns with parking facilities for the house and facilities. Mrs. Leight suggested Dr. Hau build an auditorium at Bullis School for the use of the entire community, which is compatible with the existing use on the property and can accomodate large gatherings. Thomas Mandel, 25435 Fremont Road, requested attention to existing constriction of Adobe Creek, to prevent flooding to surrounding properties when it rains. Rudolph and Bernice Moos, 25661 Fremont Road, referred to their letter noting they wished to state some of the sames concerns already expressed. Mr. Moos expressed particular concern with the auditorium noting there are no clear and enforceable safeguards to prevent regular use and enforcement of minumum use would fall to the neighbors. He also expressed concern that a Conditional Use Permit (CUP) for more expanded use could be requested presently. PLANNING COMMISSION MINUTES Approved September 12th, 1990 Page 3 In response to a question from Chairman Jones, Ann Jamison noted the Town does not have a full-time code enforcement person but would follow up on neighbor complaints as effectively as possible. The Commission took a moment to read the letters submitted by residents. Jan Schroeder, 14 Middlebury Lane, Los Altos, felt it was an insult to her intelligence that anyone would even consider putting the concert hall/recreation hall/ballroom in a residential neighborhood, noting her agreement with Mrs. Leight's presentation of concerns. Jack Maloney, Edith Avenue, noted Mrs. Leight was very thorough in describing neighborhood reaction. He wished to emphasize the neighbors had concerns they would appreciate real responses to, noting concerns associated with a concert hall are not resolved by calling it a recreation room or a ballroom. Commissioner Pahl noted several idiosyncratic residences in Town, including one with a 40 car garage, and another with two racquetball courts. He questioned where anyone has the power to put their desires for neighbors onto the neighbors, providing a project fits our regulations, and discussed hypothetical uses in terms of allowability with Mr. Maloney. Mr. Maloney complimented Staff for their objectivity and professionalism. He felt they were protective of the Hills and sensitive to residents' concerns. He noted his appreciation of the Commission's receptivity to residents concerns, and felt they would decide what is right and fair. Commissioner Noel noted the proposal meets Town requirements and questioned how the Commission could turn it down. Mr. Maloney responded that allowing an exception for a use so divergent from residential use may be opening a Pandora's box Vince Vargas, 7 Cypress Court, Los Altos, referred to his letter to Ann Jamison and outlined past problems with Adobe Creek, specifically in the early 1980's when floodwaters destroyed retaining walls and trees, and caused extensive damage. He noted the Santa Clara Valley Water District (SCVWD) indicated an easement must be granted for work to be done on the embankments. He also noted use of the property as a dump site in past years. And he noted recent removal of trees that acted as a screen to Fremont Road have resulted in increased noise. He noted agreement with the concerns expressed by other residents and questioned control of PLANNING COMMISSION MINUTES September 12th, 1990 tv Page 4 Approved use of the auditorium by current and future owners. He also noted concerns with overflow of cars onto surrounding streets. Lisa Paly, 420 Cypress Drive, Los Altos, expressed concerns with potential parking on Cypress Drive, bars in the proposal, and drinking and driving, especially in regard to the safety of young children and animals in the area. She also noted noise from cars has increased due to removal of trees underway. Steve Jamison, 384 W. Edith, Los Altos, outlined concerns with access to and from Edith and his home, noting it is already a dangerous curve due to widening a few years ago. Pauline Malar, 400 Cypress Drive, noted her appreciation for informing Los Altos residents of the proposal. She expressed concern with the potential commercial aspect of the development and monitoring use. She related concerns with the volume of people accessing the house and facilities and second unit. She requested environmental analysis be a part of the report, noting past problems with flooding. In response to a question from Chairman Jones, Ann Jamison noted residences are categorically exempt from Environmental Impact Reports; however, a CUP would require environmental analysis. Wesley Schroeder, 14 Middlebury Lane, noted the types of extraordinary structures Commissioner Pahl outlined were more oriented toward private activities. He noted the lack of enforcement capacity in practical reality and felt applications should be reviewed on a case by case basis. Commissioner Pahl and Mr. Schroeder discussed at what point it is unfair to tell an applicant what to do with his property. Ed Dobbs, 13815 Barton Court, Los Altos Hills, noting he was also speaking for Jerry and Mary Kopick, expressed concern with flood problems. He noted requirement of anything needed to keep the creek clear would be appreciated. Susan Berger Erickson, speaking for her parents and uncle at 26345 Alexander Place, outlined floor area maximums allowed in surrounding communities, and questioned why Los Altos Hills would consider allowing this scale of development. Commissioner Comiso noted other cities can limit size of development as it is stated in their ordinances. The Town's limits are tied to acreage, with no maximum building size restriction in addition to that allowed by the slope density formula. ( Commissioner Pahl noted the residents accord with the General Plan reflected in the Town Survey. He noted it is the Commission's job to interpret the ordinances. PLANNING COMMISSION MINUTES September 12th, 1990 Page 5 Approved Dick Lynch, 9 Cypress Court, noted other speakers had related most of his concerns but questioned whether if sold, a new owner has to abide by Dr. Hau's intent. Bill Ekem noted the Ford property has a private residence built at the turn of the century and a CUP to operate as a school. If a CUP is required, it will run with the land. If no CUP is required, the presumption is all uses within the structure are allowed by the Town and no uses would be regulated per se. If there is no contract between the property owner and the Town, the new owner would have to abide by Town ordinances but any promises would not carry on. Ann Jamison suggested the Commission require deed restrictions be recorded with the property. She noted the 40 car garage and Ford Country Day School have CUP's. Due to the volume of Zoning and Site Development permits, approximately 400 per year, Site Development conditions as such would be very difficult to track in a few years time. Dr. Hau, 980 Oxford Drive, Los Altos, noted he trys to be a good neighbor. He noted he would like a place for his children to share their musical talent with family but his primary purpose is to build a beautiful home. He also noted he does not wish to cut trees on the property, but the Department of Forestry demanded they be cut. He noted he intends to use the concert hall in a manner acceptable to neighbors. Commissioner Pahl and Dr. Hau discussed addressing neighbors concerns that the house and recreation area not be misused. Dr. Hau noted he could not control any future owner, and could only make sure the place is recorded in some way as an entirely residential use. Commissioner Pahl suggested it become a part of the deed, to declare it is an entirely residential property and won't be used for any commercial uses benefitting the Haus. Dr. Hau noted his willingness to follow any requirements imposed on the general citizenry relative to conditions of approval. Ann Jamison noted the Fire Department added a Condition 14, requiring fire sprinklers throughout the structure related to its size. Wendell Roscoe, Tepa Way, designer, responded to Commissioner Pahl's request for clarification of any concerns with the fourteen Staff recommended conditions. He noted he objected to the sprinkler requirement, except perhaps in the garage. In response to a question from Commissioner Noel about changes to Adobe Creek , Mr. Roscoe noted anticipated outfall and drop structures downstream from the `r bridge. Mr. Roscoe also noted there will be no built-in seats in the recreation room. PLANNING COMMISSION MINUTES Approved t� September 12th, 1990 Page 6 Bill Ekern noted Staff's recommended Condition 13 could be stricken, as it was the result of a miscommunication between Staff, as long as the driveway coming off the bridge is removed. Commissioner Noel noted the revised drawings submitted to most of the commissioners and noted he would like Staff and the absent Commissioner Carico's input on the critical issue of the second unit. Chairman Jones wished to clarify Mr. Roscoe's response to Staff's recommended conditions. Wendell Roscoe noted they had no problem with Conditions 1 - 12,13 was deleted, and referred to his earlier response to the added Condition 14. In response to a request from Chairman Jones, Mr. Roscoe expressed his concerns with proposed use limitations 1 - 4 in the Staff Report. He felt Limitation 1 was unnecessary as the use is non-commercial so no CUP is required. He noted it was acceptable except for the following line: 'Gatherings of over 50 people shall not exceed six annually and at no time will the number of people present exceed 100. He noted his objection to Limitation 2. He also noted objection to Limitation 3 as nothing precludes parking on Edith Road or Fremont Road. Dr. Hau noted his agreement to Limitation 4. Commissioner Pahl suggested the following wording for Limitation 2: This permit is subject to reasonable limits relating to the reasonable rehabilitation and maintenance of Adobe Creek which shall be approved by Staff and the SCVWD. Mr. Roscoe noted he has no problem with the requirement because flood control has raised the question before and it is to Dr. Hau's benefit to address the concerns. Commissioner Pahl noted that until the Town and SCVWD approve, none of the permit works. Wendell Roscoe noted his willingness to speak to anyone with concerns regarding trees and the preservation of trees onsight Andrew Maloney, son of Jack Maloney, Edith Avenue, noted he is a registered architect and as such is aware the Fire Department has the jurisdiction to require sprinklers in buildings. Dot Schreiner, 14301 Saddle Mountain Road, Pathways Committee Chair, requested the Commission consider asking Dr. Hau to dedicate a Type II -B pathway along Fremont Road and Edith Road. She noted the best placement of the path along Edith is behind the existing white fence. Mrs. Schreiner noted the large number of 4,W walkers and their use of the bike path. PLANNING COMMISSION MINUTES September 12th, 1990 4 Page 7 Approved Mr. Vargas expressed concern with the problems of Adobe Creek waiting two years Commissioner Pahl noted the condition doesn't require work be performed before the project is started, if it is approved. He noted it is up to Staff to ensure work is performed when it's ready to be performed, possibly through a bond. The Public Hearing was closed. MOTION SECONDED AND PASSED: Motion by Noel, seconded by Pahl to continue the hearing at the applicant's request to the Planning Commission meeting of September 26, 1990. AYES: Chairman Jones and Commissioners Comiso, Ellinger, Noel, Pahl, Stutz NOES: None ABSENT: Commissioner Carico Chairman Jones noted his intention to re -open the Public Hearing at the next meeting at the Commission's discretion. `, 3.3 LANDS OF FOWLER, 25810 Vinedo Lane: A request for approval of a tentative map and conditional exception for a two -lot subdivision. Bill Ekern introduced this item, noting the applicant submitted two alternatives for addressing access issues of the subdivision. These did not address Staff's recommendations to widen the access to 16' and improve a pathway within the adjoining 10' dedicated easement to Type II -B standards. He also noted Staff continued to disagree with the internal lot lines of the subdivision and contend it is not the best design and land use. The Public Hearing was opened. Graeme Fowler, 25810 Vinedo Lane, applicant, requested the Commission choose an access plan so the tentative map can move to the City Council. He explained his considerations leading to preference for Alternate B, noting Vinedo Lane is a straight, dead-end drive with no obstructions to visibility and has an exceptionally light volume of traffic. He explained calculations that indicated 24 minutes per day of automobile use. He also noted his professional background in traffic analysis and noted traffic studies have found that the wider a road, the faster vehicles will travel as the wider the road, the slower the estimated speed of travel. Mr. Fowler felt the equestrian/pedestrian use would not be great, and peak pedestrian traffic would occur when vehicle traffic is at a minimum. He noted the least impact possible on 4 the adjoining properties and vegetation was desirable. PLANNING COMMISSION MINUTES September 12th, 1990 4 Page 8 Approved Mr. Fowler noted the proposed access will widen where it intesects Vinedo Lane, there will be a 10' by 20' turnout and the pathway will be improved to a Type II -B path. He also noted Mr. Ruben and Mr. Gaultieri are in accord with Alternate B. Commissioner Ellinger questioned whether the proposal would entail removal of utility poles. Mr. Fowler explained that moving one post of the Gaultieris' fence for access around the pole would make moving the poles unncessary. Bill Kull, Giuliani and Kull, project engineer, noted the easement for ingress/egress runs along the west edge of the pavement. He clarified in widening, there will only be ingress/egress easement to the east so pavement widening can't be done to the west. In response to a question from Commissioner Comiso, Bill Ekern noted access width for the subdivision was discussed at a past meeting. Staff noted the ordinance requires a 60' right -of -way. The applicant demonstrated a 37.5' combination utility/ingress/egress available. Staff recommended a conditional exception allowing 27of ingress/egress with the understanding there is 10' pathway easement available for use. 4 Dot Schreiner, Pathways Committee Chair, expressed the Committee's agreement with Staff's requiring the pathway inside the fence. Constructed paths on narrow roads get a lot of damage from cars. Gene Mandel, 25802 Vinedo Lane, noted it would be a shame to remove trees Mr. Fowler noted the bottom line is few cars use the access way, so if there is separation of road and pathway, it doesn't need to be a big one to impact the Gaultieris' property. At Mr. Kull's request, the Commission discussed separating the road from the pathway with a curb. The Public Hearing was closed. Commissioner Ellinger noted the fence would need to be removed for equestrians Commissioner Pahl noted it is an easement. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Noel to approve a 16' roadway from the Fowlers' residence to Vinedo Lane, the entire roadway is to be on the west side of the existing fence, that aType II -B path would be to the east of 4 where the drawing shows the existing fence is today, notwithstanding the fence may PLANNING COMMISSION MINUTES Approved September 12th, 1990 Page 9 move, the actual location of the path to be determined by the Fowlers and Gaultieris as they may wish it to meander, including separation except at the Fowlers property, and there is no curbing, and the pathway crossing at the driveway must be roughened. AYES: Chairman Jones and Commissioners Comiso, Ettinger, Noel, Pahl, Stutz NOES: None ABSENT: Commissioner Carico At Commissioner Pahl's request, Mr. Kull clarified they would like the conservation easement addressed in Condition 19 to allow grazing of animals, and sewer and storm drainage connection to Altamont Road. Bill Ekern noted a mitigation plan for erosion on the banks that includes the grazing of animals would be acceptable. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Stutz to recommend adoption 1 - 24 with modifications to Condition 2 and 19. 6 2. The roadway surface accessing from Vinedo Lane shall be improved to a width of 16 feet, the final surface treatment shall be double chip seal. 19. All slope areas of 30%+ shall be dedicated as Conservation Easement on the Final Map. No grading, removal of native vegetation, or structures, (including drainage structures but excluding sewer and storm drainage) (and further including grazing animals and providing for mitigation of erosion therefrom) shall be allowed in the Conservation Easement. The offer of this dedication shall be reflected on the Final Map. AYES: Chairman Jones and Commissioners Comiso, Ellinger, Noel, Pahl, Stutz NOES: None ABSENT: Commissioner Carico 3.4 Consideration of a proposed zoning code amendment expanding the property conditions requiring a conditional development permit. Ann Jamison noted the City Council would like a formal recommendation on this subject. The Public Hearing was opened. No one wishing to speak, the Public Hearing was 4 closed. PLANNING COMMISSION MINUTES L September 12th, 1990 `, Page 10 Approved Commissioner Stutz noted the term 'significantly constrained' in Section la should be more specific. Commissioner Pahl agreed and requested clarification of 'at the discretion of the zoning administrator.' Ann Jamison responded the intent was to protect property owners, as in if the human habitation setback crosses only a comer of a property and doesn't significantly impact the property, the Planning Director is allowed to say it doesn't require a CDP. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Ellinger to recommend certification of the negative declaration and adoption of the ordinance with the following change to la.: Due to the difficulty of accomodating development on substandard lot which meet the objectives and standards of the town, any lot which has a Lot Unit Factor of .50 or less shall require a conditional development permit from the Planning Commission. In addition, any lot constrained by a human habitation setback or non -human habitation zone shall go through the conditional development permit process, unless in the discretion of the Zoning Administration it is determined that one is not necessary. Prior to the 4 granting of any permit, the Planning Commission must find that:... AYES: Chairman Jones and Commissioners Comiso, Ellinger, Noel, Pahl, Stutz NOES: None ABSENT: Commissioner Carico 4. NEW BUSINESS 4.1 Discussion of the disclosure policy Ann Jamison noted the Council requested any input on whether the Commission needs to continue the disclosure policy. Chairman Jones noted the Council felt the disclosures as practiced served no purpose except to pit one Commissioner against another. The Commission discussed the disclosure policy. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso, and passed by consensus to have de facto disclosures, whereby the Chair asks for any disclosures. C19 PLANNING COMMISSION MINUTES September 12th, 1990 6 Page 11 Approved Chairman Jones requested Staff convey to the Council that the Commission will continue to disclose that which should be disclosed. He also requested the Staff include Disclosures' at the beginning of the Public Hearings item on the agenda. 5. OLD BUSINESS 5.1 Selection of a Vice -chair for 1990/91 Commissioner Stutz noted she did not wish to be considered for the position of Vice -chair. Chairman Jones noted Commissioner Noel was next in line for the position. MOTION SECONDED AND PASSED: Motion by Stutz, seconded by Jones, and passed by consensus to select Commissioner Noel as Vice -chair. 5.2 Report on Recycling 6 Bill Ekern noted the Yard Waste Recycling Center has been open and active since July 1, 1990, with about seven residents or gardners per day. No new sites are currently being considered. 6. APPROVAL OF THE MINUTES OF TULY 25TH, 1990 MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso, and passed by consensus, with Commissioners Ellinger and Stutz abstaining, to approve the minutes of July 25th, 1990. 7. REPORT FROM THE CITY COUNCIL MEETING OF SEPTEMBER 5TH, 1990 Chairman Jones reported the Council will be meeting from 6:00 - 7:00 p.m. on the Council's and Commissioner's priorities. September 19th: Site Development; October 3rd: planning process; October 17th: architectural review; November 7th: ridgelines and small lots. Ann Jamison noted that Quarry Hills request for an extension would be on the Council agenda for September 19th, 1990. 4 PLANNING COMMISSION MINUTES September 12th, 1990 t Page 12 Approved 8. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETINGS OF JULY 31ST, AUGUST 21ST, AND SEPTEMBER 4TH AND 11TH July 31st, 1990: Ann Jamison reported one item was reviewed and approved: Mocelin - Landscaping. No additional landscaping was required. August 21st, 1990: Ann Jamison reported two items were reviewed and approved: Wang - Landscaping, paint color. Some additional landscaping was required. Palmisano - approved with standard conditions including mitigation at border of the property. September 4th, 1990: Ann Jamison reported two items were reviewed and approved: Ghafouri - paint color: proposed color was not approved; three approved colors were suggested by the committee. Zatparvar - landscaping. Landscaping was conditioned for the front of the property. September 11th, 1990: Ann Jamison noted two items were reviewed and approved: Nakao - swimming pool, landscaping. Swimming pool, which entailed a 10 foot retaining wall and was to be built on fill, was denied. 9. ADTOURNMENT Commissioner Stutz suggested that with reports from the City Council and Committees any information on projects that have been appealed be presented to the Commission. She also suggested there be a place on the agenda to bring up things to be done. And, she noted there was a path on Elena Road torn up by Purissima Hills Water District to which Bill Ekern responded that work was still underway. Commissioner Pahl questioned whether the lights at the Cross residence will be resolved soon. Bill Ekern noted his concern had been logged. MOTION SECONDED AND PASSED: Motion by Comiso, seconded by Ellinger, and passed by consensus to adjourn the meeting at 11:25 p.m. Respectfully submitted, Laura Johnson 4 Planning Secretary