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HomeMy WebLinkAbout11/14/1990[ PLANNING COMMISSION MINUTES OF THE REGULAR MEETING TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD LOS ALTOS HILLS, CALIFORNIA WEDNESDAY, NOVEMBER 14TH, 1990 cc: Cassettes #19-90(1),19-90 (2) 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Chairman Jones and Commissioners Carico, Ellinger, Noel, Pahl, Stutz Absent: Commissioner Comiso Staff: Bill Ekern, Director of Public Works; Ann Jamison, Planning Director 2. PRESENTATIONS FROM THE FLOOR There were no presentations from the floor. 3. PUBLIC HEARINGS 3.0 PLANNING COMMISSION DISCLOSURES Commissioner Pahl noted he spoke with Ann Jamison approximately six months ago for about 30 minutes regarding LANDS OF MICKO and nothing was disclosed to him that was not included in the Staff Report. 3.1 LANDS OF MICKO, Kingsley Way: A request for lot consolidation Tentative Map, conditional exceptions and certification of a negative declaration. Ann Jamison introduced this item, referring to the Staff Report. She noted the letter from the City Attorney clarifying the Town's authority to act upon the application. Ms. Jamison emphasized there is a policy question in whether to provide for small lots to be compiled into larger lots even when the total would not result in 1.0 or more LUF. She noted the applicant's proposal to allow for a development area of 6900 square feet with 1000 square feet added to that for each additional substandard lot added in the future to the proposed assemblage. She clarified there were no significant environmental conditions and suggested kapproval of the Negative Environmental Declaration. PLANNING COMMISSION MINUTES Approved ` November 14th, 1990 Page 2 Commissioner Pahl referred to four adjacent lots that would combine to create .32 acres, and questioned whether an owner would be entitled to a house also. Ann Jamison noted that the Commission may want to set guidelines for lot assemblages. For example, if the lot still does not make a .5 LUF, or if the lot is inhibited by an earthquake fault or conservation easement, etc., so the practical developable area of the lot is so severely limited that it doesn't meet the needs of the community, these would be assemblages the Commission may wish to preclude from consideration. Allowing one assemblage does not make a statement that all assemblages have to be allowed. The Public Hearing was opened. Eric Micko, applicant, noted there was a Town statute that lots created before 1980 with a LUF of .5 or greater are acceptable. While the lots under discussion were created in 1913 he felt this was notable as it does provide one other way of looking at a lot assemblage of .77 LUF compared to .32 LUF. He noted a decision in favor of this subdivision could be written to provide for the uniqueness of this particular situation, as the remaining small lots could become part of the approved lot and bring it up to a 1.0 LUF, and these lots are not necessary to create any other one acre lot in the area so there would be no conflict. Commissioner Pahl asked how Mr. Micko would suggest creating incentive to attempt to purchase remaining lots as they become available. Mr. Micko outlined his suggestion to restrict the MDA to 6900 square feet and to add 1,000 square feet for each additional tenth of an acre. He explained he reached the 10,000 square foot figure this would result in, rather than the standard 15,000 square feet per acre, because the assembled parcel would not be 160 feet wide but approximately two-thirds of that. He reasoned this would address concerns that most of that space be kept open because a greater level of development could become an eyesore. He noted the present plans for the house are for 2900 square feet with a 600 square foot garage. He felt this proposal was the best that could be made at this time along the way of assembling all the lots, which is the goal of the project. He also noted the possibility of all the neighbors agreeing to sell is not great and this is an opportunity to simplify ownership of the lots. Aaron Fink, 26157 Altadena Drive, noted if the application is approved, the magnitude of the exceptions granted would gut the heart of the ordinances and Municipal Code. He wished to clarify the Commission had received correspondence from him and his neighbors and expressed concern the Micko's would be granted undue privilege by approval of the assemblage. Mr. Fink also noted Kingsley Way is not up to standard. PLANNING COMMISSION MINUTES Approved November 14th, 1990 Page 3 Chairman Jones asked for clarification that Mr. Micko only owns one lot. Commissioner Ellinger questioned whether any other lots were controlled by options to purchase. Ann Jamison noted the Mickos either own or have option to purchase all the lots under consideration. Hal Edmundsen, 14412 Kingsley Road, noted the Town's one acre minimum and noted the 160' building circle does not fit on this lot. He felt the code requirements should be maintained by all residents and upheld by the Planning Commission. When the applicant has an acre they should be allowed to develop the property, and he felt the Commission would be giving tantamount approval to building a house on this lot if they approved the request before them. Lincoln Westcott, 26140 Rancho Manuella Lane, wished to know if a second unit could be built on this lot. Ann Jamison responded that the second unit ordinance requires an LUF of 1.0. If an acre was assembled, the owner could submit an application, and if the Planning Commission through the Site Development process t felt it was appropriate, the owner could build a second unit. �r Bill Alhouse, 26173 Rancho Manuella Lane, noted his support of the three preceeding speakers, that development should be allowed only when a full acre is achieved. Carol Gottlieb, 24290 Summerhill Avenue, Pathways Representative, requested that Staff Recommended Condition 1 be included if approval is recommended for the project. In response to concerns regarding the 160' circle, Eric Micko referred to a site study with structure locations and photos of existing structures, noting 160' building circles can be placed around the existing residences in the area without overlap, which satisfies the intent that every property has a 160' building circle. Zelda Fink, 26157 Altadena Drive, noted there are one acre lots for sale in the area. The Public Hearing was closed. Commissioner Carico noted people who move to the Town want the protection of the one acre minimum. She noted she hoped the applicant could eventually get the lots together, but she could not make findings for undue hardship to recommend 4 approval of the subdivision. PLANNING COMMISSION MINUTES November 14th, 1990 Page 4 Approved Commissioner Noel felt the Commission was being asked to make a change and "create" a less than one acre lot, and noted he would be voting to recommend against approval of the subdivision. Commissioner Ellinger noted his interest in the issue of open space, noting that if you live next to open space it is difficult to let it go. He questioned whether there was anything the County or State could do that would compel the Town, in light of pressing public issues, to combine these lots and make them useable as a buildable site. Commissioner Carico noted attempts have been made to break the Town's zoning, but it has been upheld to the Supreme Court of the State of California because the Town has been consistent. Chairman Jones noted that if the three or four additional lots are added, the assembled lot will still violate the 160' and 350' circles and the 60' right-of-way. Also, while a substandard lot would be created, nine substandard lots would be eliminated if the Commission approved the application. Commissioner Ellinger noted there are other uses for land besides residences, and questioned if the various trades resulted in contiguous property that could be used for barns, horse corrals, etc., whether uses of that nature could be accomodated on substandard lots. Ann Jamison noted other uses could be provided for. Structures would encounter problems complying with setbacks. Commissioner Noel questioned whether denial of the Negative Environmental Declaration would end the issue. Ann Jamison responded it wouldn't address the policy issue of whether the community is interested in lot assemblages. Commissioner Pahl noted the commissioners may not agree with the policy issues, but he has to support Staff's conclusion that the assemblage will not constitute an adverse environmental impact. Chairman Jones noted his agreement with Commissioner Pahl, that there was no basis for denial of the negative declaration. PLANNING COMMISSION MINUTES November 14th, 1990 %; Page 5 Approved MOTION SECONDED AND FAILED: Motion by Noel, seconded by Carico to recommend the City Council deny the Negative Environmental Declaration. AYES: Commissioner Noel NOES: Chairman Jones and Commissioners Carico, Noel, Pahl, Stutz ABSENT: Commissioner Comiso Commissioner Pahl noted this was a troubling application because the Mickos are proposing to develop lots which have been utilized as open space. He noted with the Town's one acre minimum he has difficulty approving assemblage of less than a one acre lot. MOTION SECONDED AND PASSED: Motion by Jones, seconded by Pahl to recommend that the City Council approve the Negative Environmental Declaration. AYES: Chairman Jones and Commissioners Carico, Ettinger, Noel, Pahl, Stutz NOES: None ABSENT: Commissioner Comiso MOTION SECONDED AND PASSED: Motion by Noel, seconded by Carico to recommend that the City Council deny the conditional exceptions for lot consolidation subdivision. AYES: Chairman Jones and Commissioners Carico, Ellinger, Noel, Pahl, Stutz NOES: None ABSENT: Commissioner Comiso 4. NEW BUSINESS 4.1 Appointment of a General Plan Sub -committee and discussion of the General Plan process. Ann Jamison noted Staff would not be a key element in these committees. She further noted there is money in the budget for planning and they may want to make a proposal to the City Council for assistance. The Commission discussed student interns. Commissioner Ettinger noted he would like the Housing Subcommittee to look into the issue of conservation easements around creeks. He also noted he had received verbal requests from the County and Fire District level about emergency mitigation measures for fires, earthquakes, etc. PLANNING COMMISSION MINUTES Approved November 14th, 1990 4 Page 6 Ann Jamison noted the City Council was specific in the request for Housing and for Mineral Resource elements to be addressed prior to proceeding to other elements of the General Plan. She suggested a proposal be made to the City Council by the Safety Committee directly. Commissioners were appointed as follows: Mineral Resource Subcommittee: Ellinger, Comiso Housing Element Subcommittee: Stutz, Noel, Pahl Chairman Jones noted he hoped the subcommittees would circulate work produced to the other commissioners for comment. 4.2 Discussion of November 28th and December 12th Site Development meeting schedule. Ann Jamison noted the Site Development meeting agendas for November 28th and December 12th, 1990 were full. She further noted that there were no Public Hearing items for consideration at the meeting of November 28th, 1990. Ms. Jamison suggested the Commission consider cancelling the Regular Meeting of the Planning Commission and having the newly appointed subcommittees meet. The Commission discussed meeting times and by consensus elected to start Planning Commission Site Development at 6:00 p.m. and the subcommittee meetings at 8:00 p.m. MOTION SECONDED AND PASSED: Motion by Noel, seconded by Carico and passed by consensus to cancel the Planning Commission meeting of November 28, 1990. Commissioner Ellinger wished to clarify the subcommittee was to create a Mining Element. Bill Ekem clarified the Town sent a draft to the state two years ago which was acceptable to them. However, the City Council decided it did not wish to adopt the language and had requested time to address the issue. Commissioner Pahl requested Staff check with the City Council to see if the minutes from City Council meetings can be distributed to commissioners in the draft form with the understanding they are not approved and may be altered. Commissioner Pahl questioned whether it was possible for the Planning Commission Memo to Council to be reviewed by the Commission Chair. PLANNING COMMISSION MINUTES November 14th, 1990 Page 7 Approved Ann Jamison noted the memo is prepared the Thursday following the Planning Commission meeting for a Friday Council packet. Chairman Jones noted part of the function of the Planning Commission Representative to the City Council was to clarify anything that may be misunderstood. Commissioner Carico questioned mitigation for Lachenbruch on Page Mill Road. Bill Ekern noted they would be coming in for landscaping. Chairman Jones noted Bob Johnson's letter to Tom Frutchey regarding enforcement of site development conditions. Bill Ekern noted he enforces the conditions, and they have been enforced in this case. He further noted both he and the building inspector have been out a number of times. Commissioner Carico noted Los Altos Hills is the only city in the Bay Area that doesn't have a code enforcer that fully supports itself financially. 5. OLD BUSINESS There was no old business. 6. APPROVAL OF THE MINUTES OF OCTOBER 24TH, 1990 Commissioner Carico removed the minutes to clarify under New Business that she had quoted commissioners during the Public Hearing for Lands of Hau, not in her report as Planning Commission Representative to Council. MOTION: This item was continued by consensus to the Planning Commission Meeting of December 12,1990 to allow for referral to the tape of the meeting. 7. REPORT FROM THE CITY COUNCIL MEETING OF NOVEMBER 7TH, 1990 Commissioner Noel reported regarding LANDS OF HAU, the applicant brought in his attorney and the hearing was continued to the Council meeting of December 5, 1990. He noted Council discussed the Town's fee schedule. He also noted Council requested he inform the Planning Commission that Council does not appreciate receiving applications without recommendation and do not wish to see future applications come to them with no recommendation. V PLANNING COMMISSION MINUTES November 14th, 1990 Page 8 Approved 8. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETINGS OF OCTOBER 30TH, NOVEMBER 6TH AND 13TH October 30th, 1990: Ann Jamison reported two items were reviewed and approved: Woo - Landscaping, Walkways, Trellis, and Schubart - Landscape plantings, driveway modification: there were no significant issues of concern with either application. November 6th, 1990: Ann Jamison reported two items were reviewed and approved: Kam - Lap Pool and Landscaping. Planting of large trees was required. Owen - Sport Court: There were no significant issues of concern. November 13th, 1990: Bill Ekern reported one item was reviewed and approved: Shoff - Landscape Plantings. The Pathways Committee was adamant that a Type II -B pathway be constructed on site. Staff appraised the owner of bonding and pathway in -lieu provisions. Four trees were required to be planted at the corner of the house. 9. ADJOURNMENT The meeting was adjourned by consensus at 9:40 p.m. Respectfully submitted, Laura Johnson Planning Secretary kw