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Staff: Applicant’s added JADU may remove open-space dedication trigger in Maria Laney appeal
Summary
Planning staff told the open-space committee that the Maria Laney applicant added a JADU that reduces the discretionary garage below the 900-square-foot threshold that would have triggered an open-space dedication request; staff said permits will not be issued while the appeal is active and that staff expects the applicant may drop the appeal.
Jay, a planning presenter, told the Los Altos Hills Open Space Committee that an applicant for the Maria Laney project has amended its plans to add a JADU (junior accessory dwelling unit), shrinking the discretionary garage component below the 900-square-foot threshold that would have triggered the committee’s request for an open-space easement.
"What they've done in the interim, though, is they've submitted for building permits, and they want those building permits issued to be able to not have the appeal," Jay said. He added that staff will not issue permits while the appeal remains outstanding: "You either pick a pathway and you go down it, or we're not doing anything... until you come to a conclusion in your appeal process."
Jay said staff revised conditions of approval to reflect the changed design and will continue discussions with the applicant. He said the committee’s original request for dedication of open space was tied to the garage’s discretionary size; with the garage now below the threshold, the committee’s open-space ask would not be required if the applicant accepts the JADU/ADU configuration and drops the appeal.
Committee members asked whether adjacent conservation easements or steep slopes would affect the outcome. Jay said portions of the parcel abut a conservation/open-space area near the creek and that some slopes on the site are steep, but he recommended staff confirm those details through planning and engineering review before finalizing any easement request.
Why it matters: The design change could remove a locally negotiated condition (an open-space dedication) that the committee had sought from the applicant. Staff said it will continue to press the applicant for a clear decision on whether to pursue the appeal or accept the ministerial ADU/JADU approval plus the discretionary garage approval and the committee’s conditions.
Next steps: Jay said staff will continue conversations with the applicant and expected to return to the committee with an update at the next meeting; if the applicant drops the appeal, the project would move forward under the adjusted ADU/JADU configuration and the open-space dedication would not be required, per Jay’s explanation.
