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HomeMy WebLinkAbout12/12/1990APPROVED PLANNING COMMISSION MINUTES OF THE REGULAR MEETING TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD LOS ALTOS HILLS, CALIFORNIA WEDNESDAY, DECEMBER 12TH, 1990 Draft cc: Cassette #20-90 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Chairman Jones and Commissioners Carico, Comiso, Ellinger, Noel, Pahl, Stutz Absent: None Staff: Bill Ekern, Director of Public Works; Ann Jamison, Planning Director; Laura Johnson, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR There were no presentations from the floor. 3. PUBLIC HEARINGS Chairman Jones noted Item 3.2 Lands of Wong would be continued at the applicant's request to the Planning Commission meeting of January 23, 1991. 3.0 PLANNING COMMISSION DISCLOSURES There were no disclosures. 3.1 LANDS OF SCHUBART, 24624 Olive Tree Lane: A request to modify a Site Development Permit for a residence. Ann Jamison introduced this item, noting the applicant was requesting two modifications to a Site Development Permit: 1) Consideration of elimination of Condition 1 requiring dedication of 3 feet of additional right -of way, and noted eliminating the requirement entails a policy decision. Staff doesn't anticipate major problems as a result of removing the requirement. 2) Removal of Condition 4 requiring open graded asphalt, based on the paving contractors' assessments that it might not be the best solution for the driveway, and allowance of 3/4 -inch coarse asphalt. PLANNING COMMISSION MINUTES Approved December 12th, 1990 Page 2 Chairman Jones questioned why Staff couldn't have addresed the driveway modification. Bill Ekern noted the requirement was made by the Planning Commission as a part of a Site Development Permit and approval of a Variance. Commissioner Carico questioned whether the MacKenzie property next door had that 3 foot dedication. Bill Ekern responded they had not. The Public Hearing was opened. Peter Schubart, applicant, noted that at the time the project was proposed, an additional amount of dedication was requested of all applicants. He noted the access is off a private road which serves three houses. He explained there is a 50% grade, cut bank on his side and to widen the road would require removal of a cliff. Bill Ekern clarified that subsequent to Dr. Schubart's project, the City Council adopted a policy of not requiring additional right-of-way dedication on properties that were substandard and where it doesn't affect other properties. Commissioner Stutz questioned how much development area was left on the property. Bill Ekern responded that the lot was substandard and the current level of development L was allowed by virtue of a Variance Dr. Schubart noted he had spoken to contractors about the driveway which has a 20% grade and is restricted in width to 10 feet by the Site Development Permit. He was advised that the open graded asphalt, over a relatively short period of time, tends to break down and the 3/4 -inch asphalt is a much more stable substance. Commissioner Stutz questioned whether in the past the Commission had required driveways with a 20% grade to be constructed of concrete. Bill Ekern noted it has been required, however it is not required by ordinance. If the soils and construction contractors believe concrete is not suitable as it will not last then it is not an economically valid decision. Generally, a driveway of that steepness must provide traction for vehicles to gain access which allows applicants to look for alternate solutions that will provide that. The Public Hearing was closed. MOTION SECONDED AND PASSED: Motion by Ellinger, seconded by Comiso to approve both requests. AYES: Chairman Jones and Commissioners Carico, Comiso, Ellinger, Noel, Pahl, Stutz NOES: None (40 PLANNING COMMISSION MINUTES December 12th, 1990 Page 3 Approved 3.2 LANDS OF WONG, 11675 Dawson Drive: A request for a variance to the Maximum Development Area limitation of the Zoning Code. This item was continued at the request of the applicant. 3.3 LANDS OF ST. NICHOLAS CHURCH, 12816 El Monte Road: Review of an existing Conditional Use Permit and consideration of a modification to allow parking lot lighting. Ann Jamison introduced this item, referring to the Staff Report and noting there were nine existing conditions. Staff reviewed the existing conditions and recommends removal of Condition #9 to review the entrance. The City Council determined no modification of the entrance would be required. If the lighting is allowed, the time of use of the facilities should be limited to the same limitations that apply to night use at the site (Condition 1). She also noted Staff recommended placing a five year review period on the CUP, with the condition that if any violation of the conditions is noted the CUP can be addressed at any time. Commissioner Stutz felt lighting for after school activities would be appropriate to allow more than twelve nights per year, especially during the winter. Ms. Jamison ! concurred and suggested limiting use to 7:00 or 8:00 p.m. except for the twelve event nights, to reduce any impact on surrounding properties. Commissioner Comiso noted agreement with Commissioner Stutz and suggested lighting might be required for football and soccer games in the evening. Commissioner Noel questioned whether there would be any impact on the houses of the Clausen subdivision. He suggested a review period of every two years until the houses in the subdivision are constructed. Chairman Jones questioned how to guarantee the lighting is adjusted properly. Ann Jamison suggested Staff could check at night when the lights were installed, noting it was likely the Town's would be informed if the lighting was placed incorrectly. The Public Hearing was opened. Frank Barbara, 25960 Vinedo Lane, Member of St. Nicholas Parish Council, noted lighting earlier in the evening would be for parents picking up children and would be lit until 8:00 p.m. at the latest. Chairman Jones questioned whether Mr. Barbara would like the condition to be changed to allowing lighting up to 8:00 p.m. any night. PLANNING COMMISSION MINUTES Approved December 12th, 1990 Page 4 Stanley Rose, Principal of St. Nicholas School, expressed concerns with safety and liability regarding the lack of lighting on the grounds. He noted they do have basketball, soccer, and additional activities that go into the dark hours. He noted their concern is that kids are able to negotiate their way safely to their cars. Kevin Kannengeiser, Athletic Director St. Nicholas School noted he currently runs basketball practice to 8:00 p.m. Games, about a dozen a season, on Fridays, run until about 8:00 p.m. He expressed concerns about the children negotiating the parking lot with people and cars coming and going. He also noted lighting would help discourage people that do not belong at the school. Commissioner Noel questioned whether part of the lighting could be turned down. Mr. Barbara noted there are two control panels. Commissioner Ellinger questioned whether it was possible to adjust the lights so direct illumination is only on the property. Mr. Barbara clarified the light will shine at a controlled angle and none will protrude sideways. He noted fixtures had been chosen that only spread out so far. Commissioner Noel questioned whether the applicants had any objection to a two year review period. Mr. Barbara noted they don't wish to create a burden and the Town can review the CUP at any time. Commissioner Noel noted he had no problem with five year review periods after an initial one or two year review period. Mr. Barbara noted they had no objections. The Public Hearing was closed. Commissioner Pahl outlined modifications to Conditions 1, 7, and 9 of the Staff recommended conditions of approval. Commissioner Ellinger noted if measures are taken to ensure the lights aren't a nuisance through design, the lights can be left on 24 hours a day without impacting the neighbors. The Commission discussed modifications to Commissioner Pahl's conditions. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Noel to approve the continuation of this Conditional Use Permit with modification. AYES: Chairman Jones and Commissioners Carico, Comiso, Ellinger, Noel, Pahl, Stutz NOES: None PLANNING COMMISSION MINUTES December 12th, 1990 Page 5 Conditions of Approval: Approved 1. Evening events sponsored by the applicant shall be limited to a total of twelve (12) per calendar year and shall be concluded no later than the hour of 11:00 p.m. on weeknights and 12:00 midnight on Friday and Saturday evenings. 2. No parking shall be allowed on any surrounding neighborhood street or on the driveway entrance to the property. 3. The use of the public address system shall be limited to five (5) minutes each morning for the morning assembly. 4. Whenever students of the institution are present at the school, one faculty or staff member shall be present. S. All requirements of the Santa Clara County Environmental Health Department and the Los Altos Fire Department shall be complied with as a part of this permit. As per Stuart Farwell, Los Altos Fire Department, the trees on the property shall be trimmed and cleaned, any dead material under the trees is to be removed; any and ` all dead trees shall be removed from the property. 10 6. This use permit allows the school its present facilities. Any new buildings or structures will require an amendment to this use permit. 7. Parking lot lighting is permitted in conformance with the approval granted by the Planning Commission (12/12/90). All lighting shall be constructed and operated so as to eliminate any direct illumination toward any existing residence or building lot site. Such lighting shall be operated so as not to constitute a nuisance toward any adjacent property owner. The use of this lighting shall be limited to times when faculty or staff are present. S. The drainage of the parking lot is to be improved so as to reduce uncontrolled run- off into EI Monte Avenue; additionally a regular maintenance program for cleaning and clearing the drainage facilities must be implemented. Plans for the improvements and the maintenance plan must be submitted to the Town no later than June 1, 1991. 9. This use permit shall be reviewed in December 1992 and thereafter every five years in a duly noticed Public Hearing before the Planning Commission (or body designated at that time for use permit approval). This review is to insure compliance with the conditions of the permit and to determine if any addition, deletion or modification of conditions is required to insure compatibility of this use `,, with the neighborhood and community. The applicant should be aware that the PLANNING COMMISSION MINUTES December 12th, 1990 Page 6 Approved Planning Commission may call this permit up for review, and possible revocation, any time when violations of this permit are noted. It is the applicant's responsibility to pursue this five year review as a condition of this permit. 4. NEW BUSINESS 4.1 Consideration of scheduling a Planning Commission Site Development meeting for December 26 or 27, 1990. Ann Jamison clarified one applicant had requested to be scheduled for December 26, 1990. However, the application was not complete as the applicants needed to obtain County approval. Ms. Jamison noted if the Commission agreed, there was no reason to hold the anticipated Planning Commission Site Development meeting. Chairman Jones asked and the Planning Commission agreed by consensus to not hold the meeting. 5. OLD BUSINESS 5.1 Updates from the Housing and Mineral Resource Subcommittees. Housing: Commissioner Pahl reported on their intent to request Council consider their recommendation to use the Housing Element adopted by the City Council in February, 1988 addressing the April 1988 reply from the State through modification and update of data and utilizing seconday units to address low -moderate income housing concerns. They also wished to request Council direction on what type of project assistance was most appropriate. Mineral Resource: Commissioner Ellinger reported the committee had prepared a draft document of changes required by the state. They reviewed the issue of compatible use with residential use. He noted their principle addition was modification to how the document addresses open space. Commissioner Comiso noted Mayor Siegel expressed interest in attending to the next Mineral Resource Subcommittee meeting as he had information to impart. 6. APPROVAL OF THE MINUTES OF OCTOBER 24 AND NOVEMBER 14TH, 1990 MOTION SECONDED AND PASSED: Motion by Noel, seconded by Pahl, and passed by consensus, with Commissioner Stutz abstaining for October 24th and Commissioner Comiso abstaining for November 14th, to approve the minutes of October 24th and November 14th, 1990. PLANNING COMMISSION MINUTES December 12th, 1990 Page 7 Approved 7. REPORT FROM THE CITY COUNCIL MEETING OF DECEMBER 5TH. 1990 Commissioner Noel reported LANDS OF HAU request for a Site Development Permit was approved with conditions in addition to those the Planning Commission set by a vote of 4:1. He also reported on the LANDS OF LUKE, a request for variances to fence height/setback requirements, sent to the City Council without a recommendation by the Commission. He noted a variance to the setback requirements and allowance of a 4-1/2 foot fence were passed by the Council. Commissioner Ellinger questioned whether there was any guidance from the Council as to their review that the Commission should be aware of. Commissioner Noel responded there was no clear direction. 8. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETINGS OF DECEMBER 4TH AND 11TH, 1990 December 4,1990: Ann Jamison reported one item was reviewed and approved: TOD Properties - Landscape Plantings. Large trees were adequate to mitigate any impact. Existing Oak trees were well treated. December 11, 1990: Ann Jamison reported one item was reviewed and approved: Wong - Landscape Plantings, Minor Driveway Modification. Pathway shown on the plan didn't conform with the original suggested. The contractor will locate the best path and Staff will go to the site to see how much damage will be done to the existing plantings. Paint color proposed was too light, the applicant is to come back to Staff with a darker color to be approved in accordance with the Town approved color board. 9. ADJOURNMENT Additional Business: Commissioner Pahl requested Staff ask Council to allow the Commission to receive draft copies of City Council meeting minutes. Commissioner Stutz noted she thought the request should come from a commissioner rather than from Staff. Commissioner Comiso noted she would raise the issue at the upcoming City Council meeting. Commissioner Pahl expressed concern with Staff modification of Planning Commission approved conditions. He suggested that when a modification to a condition of approval PLANNING COMMISSION MINUTES Approved December 12th, 1990 Page 8 came to Staff's attention, Staff should contact the Planning Commission Chair to discuss the proposed modification and leave it in the authority of the Chair to agree with the modification or to bring it back to the Commission for review for all future minor modifications. The Commission discussed specific situations and general considerations where concerns have been raised in regard to fulfillment of conditions of approval, and the role of Staff in determining whether to handle matters practically or refer them to the Commission. Bill Ekern noted the goal of the Planning Commission is policy recommendation and the planning and building departments handle administrative decisions. If they are handled incorrectly, and concerns are raised channels exist to address the issue. He suggested it is best to leave administrative decisions at the administrative level, keeping the Planning Commission out of the loop and allowing it to act as an appeal body. Ann Jamison noted the Commission has ways to work with Staff if they don't like administrative decision making. She felt it would exacerbate an already cumbersome process in a Town based on minimal government. L Commissioner Pahl questioned how often Staff thought they would have to call the �+ Chair. Bill Ekern responded it would be daily, noting he felt it would be far more than a trivial intrusion on the Chair. Commissioner Ellinger noted the Town hired people with judgement and suggested anyone who didn't agree with an interpretation would come in to Town extremely quickly. Commissioner Carico questioned how to define what requires consideration and what does not. Chairman Jones noted he was not interested in being called all day long. He felt the cure may be worse than the problem. MOTION SECONDED AND WITHDRAWN: Motion by Pahl, seconded by Carico and withdrawn that when a minor deviation or more from the conditions of approval comes to Staff's attention, Staff should contact the Planning Commission Chair to discuss the proposed modification and leave it in the authority of the Chair to consider whether Staff's analysis and proposed resolution is adequate or if the issue should be brought back to the Planning Commission. Commissioner Pahl withdrew his motion because of the encumbrance it engendered for kw the Chair. He noted he hoped Staff sensed the concern and would utilize discretion. PLANNING COMMISSION MINUTES Approved December 12th, 1990 Page 9 Whether a condition is exact or not, concerns arise and he hoped Staff would obtain the opinion of the Chair if the need arose. Commissioner Stutz noted she often has concerns and usually goes to Staff to see who allowed something. She wondered if a running notation could be submitted to the Commission of changes made. Commissioner Noel felt administratively there were better ways to get a point across to Staff than to censure them at a meeting, noting the Commission does not hire/fire Staff and if commisioners have a complaint they should go to the City Manager. Commissioner Carico withdrew her second Commissioner Pahl noted the outside lighting at the Cross residence is still there. Commissioner Stutz requested Staff ask that Environmental Design review the plantings on Saddle Court as she recollected they were required to put in 24" or 48" box Oaks. Bill Ekern noted he would check. Commissioner Ellinger questioned whether there was a final report on seismic damage L in the Town. Bill Ekern responded there was an update to the County last month, but �/ not a written report. He further noted the County is pulling together documents to send to the State. In response to a question from Commissioner Comiso, Bill Ekern noted that the building inspectors are only obligated under code to inspect particular things. The Town cannot warranty other people's work. The burden is placed on the property owners for their structural and soils engineers to sign off on projects. MOTION SECONDED AND PASSED: Motion by Comiso, seconded by Carico to adjourn the meeting at 9:15 p.m. Respectfully submitted, Laura Johnson Planning Secretary kw