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HomeMy WebLinkAbout02/27/1991APPROVED PLANNING COMMISSION `. MINUTES OF THE REGULAR MEETING TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD LOS ALTOS HILLS, CALIFORNIA WEDNESDAY, FEBRUARY 27TH, 1991 cc: Cassettes #3-91(1), 3-91(2) 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Chairman Jones and Commissioners Ellinger, Noel, Pahl Absent: Commissioners Carico, Comiso, Stutz Staff: Bill Ekern, Director of Public Works; Margaret Netto, Planning Consultant; Laura Johnson, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR There were no presentations from the floor. `, 3. PUBLIC HEARINGS 3.0 PLANNING COMMISSION DISCLOSURES Commissioner Pahl noted he had an extensive conversation on two occasions with Mr. Nissley regarding LANDS OF SUN. Commissioner Noel noted he received an invitation from Mr. Nissley to drive the site. Commissioner Ellinger noted he also received the invitation from Mr. Nissley and he had a brief telephone conversation with Mr. Hayes regarding LANDS OF WHEATLEY. Chairman Jones noted he received a telephone call, as well as the invitation, from Mr. Nissley. 3.1 LANDS OF WHEATLEY, 26644 Purissima Road: A request for a variance to allow a secondary unit to exceed the 1000 square foot limitation of the Zoning Code. Margaret Netto introduced this item, noting that Staff had not proposed findings as the structure is in a visually prominent location and will impact traffic flow and safety. The Public Hearing was opened. Timothy Tang, 26638 Purissima Road, noted concerns not only with the size of the �, structure but with its location two feet from his property line. He also noted the PLANNING COMMISSION MINUTES APPROVED February 27, 1991 Page 2 visual prominence, the potential for flooding in heavy rain, and the limited capacity of the private road accessing his and three other properties. Bill Avellino, 26640 Purissima Road, referred to his letter to the Commission, noting the most significant issue was the roadway. He referred to Section 10-1.402 of the Zoning Code, noting conversion of a barn to a living unit was a change in use. Margaret Netto noted it was Staff's opinion that the nonconformity of the structure was pertinent, and nonconforming use was not, as both barns and second units are uses allowed in the Town. Larick Hill, project architect, noted he didn't see human use as less compatible than barn use. He noted he understood the Town ordinances allowed changes among conforming uses. He noted the closest neighboring residence was 140 feet away. Commissioner Pahl noted that if the Tangs rebuilt their home, they could build 30 feet from the Wheatley property. Mr. Hill stated that due to the shape of the lot, the neighboring area is unbuildable. Mr. Hill also noted a new unit could be built where it conforms and it would still be visually prominent, as well as impacting the natural swale on the property. He noted the applicants' willingness to mitigate visual impact on the access easement and to comply with any conditions the Commission had. In response to a request from Chairman Jones, Mr. Hill clarified the foundation of the existing barn was solid, the footing went 2 feet down, and the framing wasn't rotted. Robert Wheatley, applicant, noted the Town's objective to preserve the rural nature of the Town and encouragement of secondary dwelling units. He explained that he and his family wished to live in the unit while construction of the main residence was underway. He noted that if they were required to remove 100 feet of the structure, he would be interested in hearing any conditions of approval. Chairman Jones questioned whether the Wheatleys had given consideration to moving the barn to a conforming location. Mr. Wheatley responded he had not investigated it but expected the costs to be much higher. In response to a question from Commissioner Ellinger, Mr. Wheatley clarified the second unit would be a permanent structure. Also, he noted he had spoken with the Taaffes, 26645 Purissima Road, who had no objections as long as the structure met the other requirements of the Town, and noted a letter from Jim Ginella, 12291 Concepcion Road in support of the proposal. PLANNING COMMISSION MINUTES APPROVED February 27,1991 Page 3 Dan Seidel, 26645 Purissima Road, noted flooding problems on the common access road, with waters extending across the Wheatley property to the Hayes property. He also noted the structural condition of the barn was questionable. Ed Hayes, 26656 Purissima Road, referred to his letter to the Commission. He noted his agreement with concerns presented by the other neighbors. Lisa Douglas, 12469 Robleda Road, noted she would be happy to have a neighbor like Mr. Wheatley who came to the Town for approval of a guest house. Wally Cuneen, 26666 Laurel Lane, noted he believed the Town's primary intent was continuing the preservation of rural and historic nature of the area. He noted the barn was indigenous to the landscape and noted support of the trend of encouraging secondary housing. Mrs. Tang, 26638 Purissima Road, noted that if the Wheatleys wished to preserve, they should preserve the barn as a barn. She noted the location might be ideal for the Wheatleys but was not for the neighbors. Mr. Tang noted his objection to Mr. Hill's characterization of his property. And, he felt that if the Town was concerned with low cost housing, it should allow further subdivision of existing acres Chairman Jones explained the State requirements for the Town to promote low income housing. Mrs. Hayes noted the Wheatleys would be grateful when it does rain that they don't live in the location of the barn. The Public Hearing was closed. Commissioner Pahl noted the comments regarding drainage and location, and questioned whether the barn is so unique the Commission can violate the ordinances to allow it. He noted he could not support a variance in this case. Chairman Jones asked for clarification that the variance requested was for square footage, and that no setback variance for the structure is required. Ms. Netto responded that was correct. Commissioner Ellinger suggested that approval of an 1100 square foot building would make it the primary unit and the main residence could be limited to 1000 square feet. He noted he could see it differently if the Wheatleys requested a Conditional Use Permit, to live in the unit while the main structure was under #4W construction and then have it revert to a barn. PLANNING COMMISSION MINUTES APPROVED February 27,1991 Page 4 Commissioner Noel noted he didn't think there was a house anywhere in Town two feet from the property line, and he couldn't make findings for a variance. Chairman Jones questioned whether the applicants could build a second unit of 1000 square feet if the requested variance was denied. Bill Ekern responded that it would go to the Planning Commission Site Development Committee as a request for a second unit. MOTION SECONDED AND PASSED: Motion by Noel, seconded by Ellinger to deny the request for a variance. AYES: Chairman Jones and Commissioners Ellinger, Noel, Pahl NOES: None ABSENT: Commissioners Carico, Comiso, Stutz 3.2 LANDS OF SUN, 12444 Robleda Road: Appeal of the Site Development Committee's approval of a driveway. Bill Ekern introduced this item, noting the project had been under consideration for three years. He noted it was recently addressed and approved at a Site Development Committee meeting, allowing a 24 foot turning radius. Commissioner Noel requested Staff explain the Superior Court ruling and what the Court requested of the Planning Commission. Bill Ekern responded that nothing was requested of the Commission and that the Town was not party to the proceedings. Only the present application to the Town was under consideration, to see if the proposal meets the Town ordinances and is safe; it was the Site Development Committee's opinion that it met Town requirements and was safe. The Public Hearing was opened. Hal Nissley, 12422 Robleda Road, requested the Commission appoint a committee to review the driveway situation. Jerry Clements, project engineer, handed out drawings showing the Suns proposed outline of pavement and what the Nissleys would like changed. He noted standards in Los Altos requiring 30 foot right turn radius and the American Association of State Highways suggesting revision to 26 foot right turn radius. The Commission discussed the proposal. Robert Booth, attorney for the Nissleys, noted that at least the proposed berms should be eliminated, as they may impede water flow and can be hazardous to kar motorists. PLANNING COMMISSION MINUTES APPROVED February 27,1991 Page 5 Max Gleisch, previous owner, noted he put the driveway where it is and is familiar with ingress and egress to the property. He noted he never had any problems going in or out of the drive, even though with palm trees (since removed) the view was more obstructed. He noted that if it was supposed to be a criterion that cars can be turned around, most driveways in Town would have to be eliminated. Bob Johansen, 25915 Elena Road, noted he drove with Mr. Sun and they had no problem negotiating the turn. He also noted there was no apparent safety problem. Ray Pao, 26131 Elena Road, noted he drove the turn with Mr. Sun with 9 feet of clearance and in his own car with 8 1/2 feet of clearance. Bill Sun, 12444 Robleda Road, noted the basic tenet is whether the Suns wish to transfer rights in a recorded easement. He felt the Town should not be burdened with this dispute between neighbors. Mr. Sun noted the reason the Nissley's visitors have to back out is the Nissley's gate is in the Sun's setback, and there is room on Mr. Nissley's property for turnaround. Commissioner Ellinger asked if the Suns would be willing to modify the driveway, specifically the berm, if it was later determined that it couldn't be negotiated. Mr. Sun responded that they would be willing to, but it had to be a need, not a demand. In response to a question from Commissioner Pahl, Bill Ekern noted the Maximum Development Area on the Sun property was 11,550 square feet, with 9700 square feet existing and an additional 1700 square feet proposed. Commissioner Pahl noted that with the driveway, the development area allowed would be close to its maximum. Phil Nissley, 12422 Robleda Road, noted the problem with the driveway is the steepness of the hill and seeing oncoming traffic. He noted a berm would add to the difficulty of backing out of the easement. Commissioner Ellinger questioned why visitors couldn't turn around on the Nissley property. Phil Nissley responded the gate is usually closed. Mr. Tsai, 26510 Purissima, noted he also drove the property, at the request of Mr. Sun and access was very easy. He noted the Commission should base their decision on existing ordinances of the Town. Paul Nowack, engineer for Mr. Sun, stated he was happy to answer any technical question the Commission might have. Fabian Garces, Elena Road, noted it was not fair to demand access to a neighbors c property when your own property can be more fully utilized, and it was not proper to force someone to give you more property for your convenience. PLANNING COMMISSION MINUTES APPROVED February 27, 1991 Page 6 Rosalie Pao, 16133 Elena Road, noted it was important to take safety and convenience into account, but a neighbor should not get every convenience at the detriment of the property owner. Tim Hopkins, attorney for Mr. Sun, requested the Commission not appoint a committee to review the driveway. The Public Hearing was closed. The Commission discussed the drawing presented by Mr. Clements, including issues of easement width, turning area, and safety. Commissioner Pahl noted he was able to make the turn at 29 feet. He also noted he couldn't support a Site Development permit that creates safety problems. Commissioner Ellinger noted that a car could be turned around on the property, and while he could think of a number of ways to redesign the driveway, the real question before the Commission was what to do to ensure successful turning on the property. Commissioner Noel suggested denial of the appeal with the condition that the turning radius be slightly larger. Bill Ekern responded that it is Staff's opinion and that of the Town Engineer that a 24 foot radius is a reasonable and appropriate design criterion. Commissioner Pahl suggested denying the appeal as to all aspects except the paving area and berms on the basis that the safety concerns had not been fully addressed. Chairman Jones noted Staff indicated safety had been addressed, and that he opposed requiring pavement outside of an easement. MOTION SECONDED AND PASSED: Motion by Ellinger, seconded by Jones to deny the appeal. AYES: Chairman Jones and Commissioners Ellinger, Noel NOES: Commissioner Pahl ABSENT: Commissioners Carico, Comiso, Stutz PLANNING COMMISSION MINUTES APPROVED February 27, 1991 Page 7 4. NEW BUSINESS 4.1 Formation of a subcommittee to address Council identified issues on rebuilding and building out. Bill Ekern noted the City Council reviewed the report from the subcommittee on Rebuilding and Building Out and requested further consideration of what specifically constitutes development area. Commissioner Pahl recommended the subcommittee already appointed reconvene and address items 6A and 6B. Mr. Ekern noted he would carry the proposal to the City Council. 4.2 Appointment of two commissioners to attend a Subdivision Committee meeting on March 12, 1991. Chairman Jones and Commissioner Noel volunteered and were appointed to serve 5. OLD BUSINESS 5.1 Schedule of Planning Commission tour of selected hilltop development. This item was continued to the next Planning Commission meeting. 5.2 Update on the activities of the General Plan Housing and Mineral Resource subcommittees. Mineral Resource: Commissioner Ellinger reported that subsequent to drafting the document implementing the suggestions of the City Attorney, the subcommittee met with the mayor and revised the document incorporating the mayor's stronger position to disallow mining as there are no mineral resources in the Town. He noted the revised document allows for consideration of mining if resources are identified and if mining is identified as compatible with existing use. 6. APPROVAL OF THE MINUTES OF FEBRUARY 13TH 1991 MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Noel, and passed by consensus to approve the minutes of February 13th, 1991. 7. REPORT FROM THE CITY COUNCIL MEETING OF FEBRUARY 20TH, 1991 Commissioner Pahl reported the City Council agreed with the Planning Commission Site Development Committee decision that the residence proposed for LANDS OF LIU did not constitute Prairie Style architecture. LANDS OF ESHNER 46• was continued. PLANNING COMMISSION MINUTES APPROVED February 27, 1991 Page 8 8. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETING OF FEBRUARY 20TH. 1991 - February 20th, 1991: Bill Ekem reported one item was reviewed and approved: Earnest - Landscape plantings. No additional plantings were required. 9. ADJOURNMENT The meeting was adjourned by consensus at 10:50 p.m. Respectfully submitted, Laura Johnson Planning Secretary 4