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HomeMy WebLinkAbout07/24/1974VARIANCE AND PERMIT COMMISSIOti Town of Los Altos Hills 26379 Fremont Avenue (`r Los Altos Hills, California Minutes of July 24, 1974 Reel 27, Side 2, Tract 2 - 000 to 676 Commissioner Young called the meeting of the Variance and Permit Commission to order in Room 13, of Fremont Elementary School, 268n0 Ortega Drive, Los Altos Hills, at 6:54 P.M. ROLL CALL Present: Commissioners PERKINS, YOUNG. Absent: Commissioner CARICO. STAFF City Manager Lawson, City Engineer Russell, Assistant Planning Consultant Vlasic, Town Geologist Cotton, Secretary Huffstetter. MINUTES Motion was made by Commissioner PERKINS, seconded by Commissioner YOUNG, the Minutes of July 10, 1974, be approved as submitted. 1lotion was unani- mously approved. %W ALTOS HILLS s stant Planning Consultant Vlasic stated the property is located on the north side of Hilltop Drive and consists of 1.00 acres, and briefly reviewed the staff memo of July 16, 1974. The staff is recommending anprovai of the building site approval request, subject to the conditions listed in the July 16 memo. It is also recommended the Commission declare a negative EIR for this property. City Engineer Russell reviewed Condition 1 of the recommended conditions. He recommended an asphaltic berm be constructed along the full length of Hilltop Drive, and along the full lenoth of his private driveway. Also, where the driveway intersects Hilltop Drive, the applicant should install catch basins. He reviewed the recommendation of the Pathway Committee for a 10 -foot wide pathway easement along Hilltop Drive, stating he would recom- mend against this request as the easement would encroach into a drainage swale. Jack Fry, representing the applicant, stated it was his belief the Pathway Committee wanted the pathway along side the swale. During the following discussion, City Engineer Russell stated he would agree to a pathway along Hilltop 'Drive, if it was away from the property line. Mr. Fry stated the pathway easement would be agreeable if it did not affect the set -backs for the proposed residence. City Manager Lawson reviewed a letter which had been received from O. Sande-, objecting to the building permit, as it would obstruct his view. City Mana- ger Lawson stated as long as Mr. Owen did not encroach into the set -back VARIANCE AND PERMIT COMMISSION - July 24, 1974 easements or build over 30 -feet in height, the Town had no control over Mr. %W Sander's view. Motion was made by Comnissioner PER01S, seconded by Commissioner YOUNG, the Commission approve the Building Site Approval request for the Lands of Owens, subject to the conditions listed in the July 16, 1974, staff memo and the conditions requested by the City Engineer, and that the details of the path- way alignment be worked out. Motion was unanimously approved. Assistant Planning 5nsutan-9 t Vlasic stated tha staff hadrot completed its review of the Building Site Approval request for the Lands of Saladin. How- ever, the applicant had requested this parcel be exempted from the geology requirements requested by the Town Geologist, in his report, dated June 22, 1974. He reviewed two letters submitted by the applicant, one from himself and one from his attorney, responding to the requests of the Town Geologist. He reviewed sections of the General Plan and the Municipal Code that refer to the Town's authority for requesting geologic information on parcels of land. Town Geologist Cotton reviewed Mr. Saladino's property, stating there is def- inite evidence the Black Mountain -Monte Bello Ridge Fault System runs through thr pr,..erty. He reviewed his work on the property, the maps and other refer- ences he used in his review of the property and his recommendations concern- ing the possible hazards on the property. General discussion followed concerning drainage, faults and possible hazards on the property. Mr. Anthony Saladino, applicant, reviewed the findings of the Town Geologist and gave a dissertation on the information he had gathered and the geologists he had talked to concerning his property, including the leck of faults and hazards on the property. A discussion followed between the Commissioners, staff and the applicant con- cerning the geology and earth.—fake possibilities on his property. Commissioner Perkins stated there were two questions to be considered (1) woui(' any action taken by Mr. Saladino affect only his property or would it also affect the Town and (2)could the Town be sued if a disaster occurred on the property? Bccausa of the implications of these questions, he agreed with the staff recommendation for the geology investigations. During the following discussion, City "tanager Lawson reviewed the actions the Variance and Permit Commission could take and the appeal procedure the applicant could follow. 'lotion was made by Commissioner PERKINS, seconded by Commissioner YOUNG, the recommendations of the staff for the geologic investigations be approved. Motion was unanimoulsy approved. Commissioner Perkins stated the question on geology is a policy matter that �Wr• should be decided by the City Council. - 2 - VARIANCE AND PEFC4IT COMMISSION - July 24, 1974 r/s stint- inn ng- onsu tint- as c stayed the staff had not completed its review of the Building Site Approval request for the Lands of Happ. However, the applicant had requested this parcel be exempted from the geology require- ments requested by the Town Geologist, in his report dated June 22, 1974. The applicant initially retained an engineering geologist to complete the re- quested investigations, but t:r­i decided not to completed the investigations. Town Geologist Cotton stated this property is very similiar to the Saladino property in that it is along the same Black Mountain -Monte Bello Ridge Fault System, and reviewed briefly the geologic problems involved on this parcel. Mr. William Happ, applicant, stated he was requesting the geologic investi- gations requested by the Town Geologist be waived as this parcel was created many years before the geologic requirements of the Torn were established. He distributed copies of the "Covenant and Agreement in Lieu of Geologic Report", dated May 1, 1974, which Santa Clara County is currently using, and which states the County will not be held li,ble for any damage which may re- sult due to earth^,cake faults, landsliding or other unstable rock or soil conditions, when a building permit is issued and no geologic investigations have been conducted on -.�gerty that is subject to geologic hazards. Discussion followed b_tween the Commissioners, staff and the applicant concern- ing his re_sons for requesting exception to the geologic investigations, and the County form he had distributed. Assistant Planning Consultant Vlasic reviewed the sections of the General Plan and the Municipal Code that refer to the Town's authority for requesting geo- logic information on parcels of land. During further discussion, Commissioner Perkins stated the same questions raised concerning the property hazards and the Town's liability on the Sala - dine property were•.%rti i�rnt to Mr. Happ's property, ar:d this was still a policy decision which should be made by the City Council. Motion was made by Commissioner PERKINS, seconded by Commissioner YOUNr,, the recommendation of the staff for the geologic investigations be approved, and this be referred to the City Council for a policy decision. Motion was unani- mously approved. IN THE APPROVED "CHECK of Fremont and 'tiranda, and received Puilding Site Approval from the City Council on March 4, 1968, subject to the conditions listed in the "Check List". The applicant is requesting a mofification of items I thru 3, under "Addition- al Conditions" of the "Check List". He reviewed Conditions 1 thru 3, whir:h refer to road improvements, dedication of roadway for the widening of Fremont Road and Miranda Avenue and the removal of the pillar and fence along Fremont Road. He reviewed the six conditions staff was recommending if the Commission modified the original conditions. Mr. Edward Schaner, applicant, spoke on his reasons for requesting the modif- ications of the original conditions, including leaving the acacia trees until - 3 - VARIANCE AND PERMIT COMMISSION - July 24, 1974 Miranda Avenue was widened, and also using the driveway on Fremont Road for ingress only, with a driveway on Miranda for egress. During the following discussion on the driveway, the iron gates, stone Dillar: and the acacia trees, Commissioner Perkins stated he would like to have the acacia trees remain, but the Environmental Design Committee should make a recommendation on this item. Motion was made by Cormissioner PERKINS, seconded by Commissioner YOUNG, this matter be continued until August 14, 1971, sr the Commission would have more time to study and review this request. Motion was unanimously approved. SSEU IHt MLLI lnb UAi ARU lir¢ run IDc .�- - - ofmnssioner ete e r ins stae t was a very a t me or holding a meeting as it created a hardship on those who worked out of the immediate area and did not leave work until after 5:00 P.M. He would like to suggest to the Planning Commission Chairman the time be changed to a later hour and possibly to a different day, so all applications could be heard in full, and there would be no pressure to complete the Variance and Permit Commission Meeting by a particular time, so the Planning Commission 'Ieeting could begin. Discussion ensued onthis matter, and Commissioner Young stated he concurred with Commissioner Perkins' suggestion. He also felt 6:45 P.N. did cause a hardship on some people. ADJOURNMENT Commissioner Young adjourned the meeting at 6:45 P.M. Respectfully submitted, Virginia A. Huffstetter Secretary - 4 -