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HomeMy WebLinkAbout07/10/1974 (2)PLA1W.'!G CP" 1r)S1V Tann of Los Altos Hilts 23.'79 Frer•rrt Arerue %W Los Altos Hips, cal,fornia Minutes of July 19, 1974 Reel 27, Side 2, Tract 1 - 009 to 1246 Chairman Spencer called the meeting of the Planning Commission to order in the Auditorium of Fremont Elementary School, 26300 Ortega Drive, Los (•.Itos Hills, at 7:40 P.M. ROLL CALL Present: Commissioners SCHICK, LACHENBRUCH, YOUNG, CARICO, PERKINS, SPENCER. W6nt: Crmnissioner PHILLIPS. STAFF City Manager Lawson, City Enginee- Russell, Planning Consultant Mader, Assist art Planning Consultant Vlasic, Secretary Huffstetter. MINUTES C'aiman Spencer stated on the Minutes, Page 1, paragraph 2, under Lands of Lang, line 6, after "apricot orchard", should be added "also the drying trays for the apricnts are within 10 -feet of the westerly side property line". Chairman Soarrer stated the Minutes of June 26, 1974, would stand apnrovsd as corrected. _DISCUSSED THE AD09Z C"FE!: LODGE SL'B-COIIMITTE'_ REPORT CommissionerPerkins revfered th Ado'oe Creek Lodge Sub -Committee Report, dated July 5, 1974, stating the report was essentially the same as the pre- liminary report. He rev -wed the report in creat detail and stated all the references listad in the report are at Toon Hall, and urged all CoIT.th SSi0ners to review the references. Commissioner Schick stated she had talked with the Mayor rePr.rding the list sentence in the second paragraph on Page 64 of the General Plan, concerning the Adobe Creek Lodge, and she read the following statement the Mayor made after talking with the City Attorney on this matter. "The written word pre- vails over any maps, diagrams, pictures, visual aids, etc. State law states there must be consistency between texts, mans, diagrams, etc. Hhen the Coun- cil took legislative action in charging the text in consideration of R-1 Zoning, they assLmed the staff would change the diagram to conform with the text. liken the entire General Plan collas up for final acproval, all diagrams pictures, sketches muat conform with all changes made in thn text. There- fore, the sentence stating that the General Plan designates the fiat portion or Adobe Creek Lodge for private recreation use is no so". During the following discussion, Chairman Spencer suggested the City Attorney submit the above opinion in writing to the Commission and the City Council, and then the Council submit to the Commission their opinion after reviewing the City Attorney's statement. kw Planning Consultant Mader requested the secretary listen to the boon of the meeting where the c'sanga was made inthe sritance on Paqe 64, and find out who made the change and what the intent wi; in making the change. -i- PLANNING COMMISSION - July 10, 1974 Commissioner Carico reviewed the Country Clubs she had contacted concerning how they were run, the type of facilities provided, their membership, etc. Discussion followed on the question of what was meant by "public use" for recreation facilities. Chairman Spencer requested the staff check into what actually transpired when the General Pian was written, and with this background, prepare a letter for his signature, addressed to the City Council, requesting the Council obtain the City Attorney's opinion on this matter, in writing, and then, in writing submit to the Planning Commission, the Council's opinion of the City Attor- ney's opinion. RECESS Chairman Spencer declared a short recess at 8:27 P.M. and reconvened the meet Ing at 8:38 P.M. APPROVED LOT LINE C:+^M E BETWEEN LOTS 2 AID 3 Ott TiE LANDS OF BARTO'7 SURnIVISIO_l, 'fWr 5470,�}i�.'', TTiiSL 17M-Tri,IS d L_ _--- -.. ——ihairmaapS encer opened the public hearing. Assistant Piaaning Consultant Vlasic s':ated the applicant 1s requesting a cf+anne in tha lot line ' r lots 2 and 3 of Tract 5470, for the F+Irlose of having the lot line follow the natural slope line and to protect the 'land - seeping associatad with the residence on lot 2. The lot 'line change rcauested would not change the net acreage of either lot 2 or 3. The staff is recom- mending, in the memo dated July 2, 1S74, the Commission deny the requested let line charge since the applicant, who owns both o? ;r^e lots,could obtain an easement en lot 3 for the protection of the landscaping. Also, it is felt the buildiag envelop on lot 3 woo d he reduced, and the lot would be in- f;:rsor to the standards established by ti.e Town. The applicant has also in- gcired a4out the "no accass" noted on the final tract map, along Fremont Read, a:,king if this appiies to pedestrian as well as vehicular traffic. A le aer has been received 'rem the City Attorney, stating the "no access" statement on the final map covers vehicular and other access to Fremont Road. Discussion followed on the question of the "no access". Tom Barton, applicant, stated the "no access" should only refer to vehicular traffic. Paul Newack, engineer for the applicant, stated the "no access" should cover only vehicular traffic, and that was the reason a cul-de-sac road was include: in the subdivision. During the following discussion, Commissioner Young stated he felt the restrir tion should only apoly to vehicles, not to pedestrians, and asked about house plans for lot 3 and how the house would ce fitted to the lot. Tom Barton described the proposed house plans for lot 3, also stating there arc plans for a swimming pool and stahies, and pointed nut where they are proposed to be built. He reviewed his reasons for requesting the let line charge, stating besides preserving the landscaping, he also pian; to build a swimming pool, fountain and patio, ano showed where these are proposed to be built. -2- PLANNING COMMISSION - July 10, 1974 During the discussion which followed, Commissioner Perkins inquired if a var- iance would be needed in order that ail the proposed structures for lot 3 could be built, and fir. Barton stated no variance would be needed. In reply to Commissioner Perkins' inquiry on why the staff is recommending denial of the requested lot line change, Assistant Planning Consultant Vlasic stated if approved, the lot line change would constrict the lot and variances might be needed for complete development of the lot. Also, an easement could be placed on lot 3, which would protect the landscaping. Chairman Spencer closed the public hearing. Motion was made by Commissioner SCHICK, seconded by Commissioner SPENCER, the lot line change between lots 2 and 3, Tract 5470, be approved as reeuestad. AYES: Commissioners SCHICK, YOUNG, PERKINS, SPENCER. NOES: Comnissioners LACHENBRUCH, CARICO. ASSENT: Corsnissioner PHILLIPS. Planning Consultant Mader stated on the question of the "no access" statement on the final tract map, if the applicant wishes this changed, ?re should formal- ly rarest abandonment of this. During discussion, City Manager Lawson stated a ruling on how this s"ould be handled should ba obtained from the City Attorney. Motion was mad= by Commissioner lkw word1ng on the final tract map "no vehicular access" for lots change be made in accordance 'to unanimiousiy approved. CARICC, seconded by Cnmmissiapa- rrYi";,, the for Tract 5470 be chenq_ed from "ro a cess" to 2 and 3, along Fronrrt Road, and that this Via ruling by the City Attorney. Mut': on was TRACT 3287 City Engineer Russell stated on Decem'oer 3, 1962, the City Council ar;3roved a tentative 4 -lot subdivision map for Tract No. 32L7, on Ravensbury Avenue, Los Altos Hills, Hilier C. Nelson Owner -Developer, subject to certain conditions which included repaving and grading cF the tract and the filing of a covenant for the maintenance of the private mad abutting lots 1 and 2. The final 4 -lot subdivision map was accepted by t`e 'ouncil on Aucust 17, 19:4. On July 1, 1964, the Town recaiv.d a $1,000 bond from Firemens Fund Ltsurance Company for the repaving and grading of the Tract. Also, a bank draft has been re- ceived for Condition 3, as imposed by the Los Altos Fire District. To date the repaving and grading i :'; have not been comple-d. ?: April 21, 1974, Mr. Nelson notified the Town he had sold the property and requested the Town release him from the re;•::ired paving and grading conditions on the subdivision. On July 9, 1974, another lecter was received frnr, Mr. Nelson, again requesting rele?se from the repaving and gr -ding conditions. Mr. Russell stated it was his opinion the only way "•r. Faison cou1'1 be released from the requirement of the improvements vould be to let the land revert back to acr,)age, or Mr. Nelson could requost "!)o Council, oo the recc! endation of the Planning Commission, delete .ass conditian from the "Cit:>.ck !.ist". `r' During the discussion that followed on i'r. Nelson'; requ^st aad carat action the Commission could take, Ccrmissiorer Carico stated this re.uest should be referred to the City Attorney and the City Council for a decision. - 3 - PLANNING COMMISSION - July 10, 1974 Following further discussion, Commissioner Perkins stated he did not feel the Planning Commission should spend its time discussing this matter. City Manager Lawson stated the staff will do further research on this matter. DISCUSSED THE MOODY CANYON PROPERTY SOUTHWEST AND ADJACENT TO MOODY ROAD AND THE TOWN'S CITY LIMITS City Manager Lawson stated he had attended the Meeting of the Board of County Supervisors earlier today on the matter of rezoning approximately 40 -acres of oroperty to the southwest of the Town of Los Altos Hills, adjacent to iio:4 Road. The property is outside of the Town's limits, but a portion of it is in the Town's Sphere of Influence. It is being requested the proper- ties involved be rezoned to RHS, for the development of residences. It is presently zoned for agricultural uses. The property is eaually divided be- tween Palo Alto's Sphere of Influence and Los Altos Hills' Sphere of Influence Palo Alto has stated it has no objection to the rezoning. The Board of Supervisors, at the Los Altos Hills' City Council's request, has continued the matter for two weeks, until July 24, 1974, at which time a decision will be made on the rezoning request. It is requested the Planning Commission make a recommendation to the City Council, which will meet cn July ii, e!i whether this change in zone is compatabie with the Tri -:."s zoning requirements, as this is the zoning which will have to be accepted if the Town ever annexes this property. Mr. Lawson stited the Covaty is not required, by in, to notify the Town of any proposed zoning changes, prior to a zoning chance in the County property, within the Town's Sphere of Influence. However, usually the County does this as a matter of courtesy. It has not been determincd if this was done this time. A discussion followed on the proposed zoning change, its impact on the Trvrn, and what is meant by "Sp' -.ere of Influence" and how it affects the Town both inside and outside the Town's limits. Commissioner Perkins stated there are more lots in this area titan wsuid be alloyed by the proposed zoning change. The average percent of slope is 55 percent, and this means the average size of lot should be about 10 a%res, but there are lots in the area that are less than 4 acres in si>.e. During the discussion on this matter, City Manager Lawson stat?d °hat if the Town foals the proposed zoning change is not compatible with the Toam and its zoning in this area, the Town should take action to oppos:; the proposed zoning change, as far as the Town's Sohzr_ of Influence is concerned. After further discussion, Chairman Spencer stated he would attend the Council Meeting on July 17, and report to the Council the Commission's feelings on this matter. NOTED SITE DEVELOPMENT COMMITTEE MEETINGS CHAPCED TO TU ESDAI'S 4•t.'�i'._1, City Engineer Russell state be a sFc,--hedulirg prebens, eeeting day for the Site Development Committee has been changed to Tuesdays, at n:GO P.M. at t{:e Town Hall. C tEngineer Russell stated there vn'i1 ::e a r�eeing on F rs�-7,Jal�11, 1974, at 7:30 P.M., in the Auditorlu: of 17rer"c E1e:mertary School, of the Adobe Creek Study Group, to discuss iidobo Creek, betaeen the Exnressway and Is 230. 4 _ PLANNING C01,14ISSION - July 10, 1974 ---- Cha% Spencer stated Ilayor Gra owsk) ha notified him there would oe an man session of the City Council, prior to the regular meeting on August 1974, which all Chai men of Committees and Commissions have been asked to attend. REQUESTED ITEt15 FCR STUDY SESSIOA MEETINGS Chipencer requeste all members of the Commission submit, at the next meeting on July 2�, items which they feel the Commission should study and review during their study session meetings. Chairman Spencer stated he had atten edt eu get Hearing o the City Counci on June 28, and spoke to the Council on the Planning Budge: requested for FY 74-7j. The Council inquired about priorities, and subsequently, he sent a letter to the Council listing priorities as he believed them to be, whit') were (1) studies on revisions to the Subdivision Ordinance end the Town Standards for Subdivisions, (2) geologic studies, and (3) areas in the Gen- eral Plan that are not backed -up by proper documentation and areas that need to be documented. DISCUSSED MORATORIUM; RESOLUTIO1 APPROVED BY THE CITY COUT'CII. JULY i, 1Y "i Chai manpencer slate e ) y Dune on�ufy :i;�T3 , approved a mora- torium on subdivisions for four months. The Commission si;ocld begin work on studying and making suggestions for revisions to the Ten's Sutdivision Oral, ante anJ the Town's Standard for Subdivisions. `, Planning Consultant Stader reviewed the memo dated May 22, 1974, which listed suggested order and studies to be done in reviewing, studr••ing and revising the Subdivision Ordinance, and requested the Commission give direction cn how they wanted to proceed. During the following discussion, Commissioner Perkins reviewed the moratoriur resolution, and the three items specifically nr_ntioned for review and re- vision. City Manager Lawson stated the Council essentially approved tie May 22, 197t. memo from Mr. Mader, when they approwd•the moratorium resolutlon. r, con- tract needs t, be prepared by the City Attorney, approved .,y rho Council and signed by William Spangle's office. However, praliminary •:•li c.�:l9 cein- _,nc-_ oil the study. During the following discussion, Chai man Spencer reviewed some of the items mentioned by Councilwoman Miller, to the Commissioners, as areas that needed to be looked into. Commissioner Carico stated she would like to see a noise study included in the study. City Manager Lawson requested the req::',rement for geologic _tu` es be stated also. At the present time, the Code refers to tl:cse stc"les as "Diner infor- mation" that may be required. After Cormissioner Perkins stated hr, would like the t: L•a^_in with Item "C" from the May 22, 1974 maro, and the rest of 0o Co-miss,ior.ers con- curred, Planning Consultant Mader reviewed the types cf items ci)at should be included in the studies. PLANNING COMMISSION - July 10, 1974 General discussion followed on the tyre of stadies to conduct and how to proceed. DECLARED A NEGATIVE EIR FOR THE LANDS OF B.ARTo' SUBDIVISIOil LOT LINE CHANGE Assistant ann ng Consu tent asic state t e sta f naU ne9leLluu to re- quest the Commission declare a negative EIR for the Lands of Barton Subdi- vision lot line change, and requested the Commission make such a finding. Notion was made by Commissioner PERKINS, seconded by Commissioner LACHENBRUCH a negative declaration be filed for the Lands of Barton Subdivision Lot Line Change. !lotion was unanimously approved. TED FOR FILING A REVISED TENTATIVE SUBUIVIMUN rwr rik uw', ,..u.� City Engineer Russell stated a revised tentative subdivision map for Dawn Ridge Estates had been submitted, showing three lots, irstead of four lots. The tot line between lots 3 and 4 had been eliminated, and it is recommended the Commission accept this revised map for Dawn Ridge Estates for filing. Commissioner Perkins stated the previous Tentative Subdivision liao for Dawn Ridge Estates was denied without prejudice, and at that time, the Commission noted it would consider a subdivision for three lots. Motion was made by Commissioner LPCa=JBRUCH, seconded by Comissioner CARIJO. the Commission accept the three -lot tentative subdivision map for Dawn Ride Estates, for filing. Motion was unanimously approved. `+ DISCUSSEDTHE MORATORIUM RESOLUTION APPROVED BY THE CITY COUNCIL, JULY 3, iso'; City Manager Lawson stated on my , 1974, the City Council approved a msre torium resolution, effective for four months, and requested direction on how the Commission wanted the staff to handle subdivisions brought into the of- fice since that date. Chairman Spencer stated he felt the staff should decide if a subdivision comes under the moratorium resolution. If it is not covered, then It should be Irocessed as usual. Commissioner Young stated he disagreed with this, and he felt al' subdivision whether covered or not should be brov,'it to the Planning Coom"-,sion. Discussion followed on how the Commission wanted the staff to p.ocess all suk divisions submitted since July 3, 1974. City Manager Lawson stated the staff will review all subdivisions received and submit a staff report to the Commission, along with a recommended action to take. During further discussion, Commissioner Le-4enbruch stated he '.`cat the staff should screen all subdivisions submitted. Subdivisions with any prof. ".ems that are listed in the moratorium resolution should be re`c<_ed, arJ any sub- divisions that do not have any of the problems listed in t:'�e rasoiution shod be accepted and processed, i.e. lot line changes, etc. kw Planning Consultant Mader reviewed the moratorium resolution, and read each of the three soecific areas the rs,)lution ccvers. stating that any subdi- vision that has one or more of the items in it, comes under the restrictions - 6 - PLANNING COMMISSION - July 10, 1974 of the moratorium. ADJOURNMENT Motion was made by Commissioner PERKINS, seconded by Commissioner CARICO, the meeting be adjourned. The meeting was adjourned at 10:47 P.M. Respectfully submitted, Virginia A. Huffstetter Secretary - 7 -