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HomeMy WebLinkAbout06/08/1977 (2)PIZRMG CORMSSION Town of Los Altos Hills 26379 Fremont Iniad IQs Altos Hills, California Mff TES OF A PECIHAR METING Wednesday, June 8, 1977 Feel 59, Side II, Tr. 1, 083 to End, Side I, Tr. 2 001 to 543 ChainTen Hahn called the meeting of the Planning Commission to order at 7:48 P.M. in the Council Chambers of Town Hall. Present: Commissioners Hahn, Schick, Stewart, Perkins, Young Absent: Commissioner Carico Also Present: City Manager Imbert Crowe, Tcun Engineer Alexander Fussell, Tuan Planner/ Engineer John Markl, Secretary Ethel Hopkins MMUCN SECONDED AND LNANIn)USLY APPIrVED: It was moved by Chairman Hahn and seconded by Caumissioner Schick that Items 3(b) and 3(c) on the Consent Calendar be scheduled for formal public hearings on June 29 at 7:30 P.M. and that at that same public meeting the matter of an amendment to Ordinance 232, Section 9-4.1105 "TIndergrvhnd Utility Improvements" also be discussed. It was the consensus of the Planning Caumissicn that the Minutes of May 11 and May 25 be removed from the Consent Calendar. MYPICN SECONDED MD CARRIED UNANIMMY: It was [roved by Chairman Hahn and seconded by Conmissioner Schick that the remaining items on the Consent Calendar be approved, namely: 2. Acceptance for Filing of Tentative Map Applications: (a) LANDS OF H[TPQUNS, File OM 2053-77, Altamont Iniad, Fhward Baca, Engineer (b) IRMS OF Hn=, File #TM 2064-77, Wildcrest Drive, Paul Nowack, Engineer (c) IRMS OF FEISTII, File #TM 2063-77, Elena and Imbleda Road, Paul Nowadk, Engineer 3. Resolutions setting June 29, 1977 as the date for Public Hearings: (b) Resolution No. 1 Setting June 29, 1977 as the Public Hearing Date to Consider Amending the Los Altos Hills General Plan to include a "Soenic HighWays Element." (c) Resolution No. 2 Setting Juane 29, 1977 as the Public Hearing Date to Consider Amending the Los Altos Hills Municipal Code, Chapter 5 of Title 9, Titled "Zoning of the loan of Los Altos Hills." NEW BUSINESS: Ch Tram Hahn reviewed with the Camdssion various items budgeted for the Planning PLANNING OW-ffSSION MINUTES - June 8, 1977 Page two ow NEN BUSINESS: Oommission for the year 1977-78, as well as item previously budgeted in the year 1976-77 but not yet completed. A short discussion followed among Ca=Lssioners and the City Manager on these budget items. PUBLIC HEARINGS: 1. LANDS OF MIMING M -T SUBDIVISION File #TM 2057-77, Fremont and Old Trace Lane, R Whaley, Engineer, Request for Fe tion or Approval of Tentative Map. (Continued from Meeting of May 25) Chairman Hahn informed the O mmissioners of the Variance and Permit Coarission action earlier that evening approving a variance to ac=rndate an existing barn. He noted that a further variance would need to be applied for to accomodate a swimming pool in existence on the proposed loot 1 of the subdivision. This pool had originally been granted a variance, but what was actually constructed was not in keeping with the originally granted variance in the setback requirements. Mr. Markl apprised the Commissioners of the list of three amended conditions to the list of suggested conditions for Rolling Hills Subdivision. This was in addition to his June 2 staff report. Discussion began among Commissioners with Comrdssioner Perkins asking whether with the nunber of dedications required on Condition 7, the Town would be creating a need for further variance requests. Mr. Markl stated that the applicants intended to use the area between the creek and the road, referred to in the easement dedication on Condition 7, for grazing purposes rather than for structures. Commissioner Young asked about the wooden bridge on Lot 9 and about slope density calculations. There was considerable discussion on the Santa Clara Valley Water District easement request. Mr. Russell noted that 35 feet on each side of the creek would be needed for the subject subdivision. There was a question on who would retain the easement, the Tann or the Water District. Mr. Russell stated that it depended on what the Planning Commission decided as to who would control the easement. Mr. Russell discussed at some length the various methods that might be used to control erosion along the creek bank. He suggested further that the applicant might want to re-route the creek to permit man for tennis courts on his property. 'thereafter the hearing was opened to the public. J Sieger, applicant, stated that he was speaking for himself and his co -applicant F%s. Slnion, He addressed Condition 5, asking that this condition be modified to have the guest cottage removed within 5 days of the issuance of the building permit rather than prior to it. He protested Condition 15(b), stating that it was unfair and burdensome to have to pay this fee at the time of the Final Map filing. He asked that through a covenant roving with the land that the fee be paid when Old Trace Lane is made a public road. Yx. Markl referred Commissioners to Item 1 of his June 2 staff report for a discussion on the road situation on Old Trace Ione. He noted that it would be more convenient ,( to collect the road fee now than in the future. Commissioner Schick, however, said �r that the Tam has not charged road -in -lieu fees on private roads. She expressed her desire to have the condition changed so that the road fees would be collected in the future when the road actually beeares a public mad. PLANNING NM•HSSICN MINUTES - June 8, 1977 Page three 4 PUHLIC HEARINGS: (continued) 1. LANDS OF R •TL• M HILLS SUBDIVISION, File "M 2057-77: (continued) Richard Whal , En rower stated that there was no restriction to alloainq the City o Pa Wit use O Trace Lane. (item 1 - staff report discusses this.) He noted, however, that the road easement is owned in fee by his clients Messrs. Sieger and Simon, and stated that if an error was made in stating this on the title report, the title crnpany would be held responsible. Mr. Russell discussed with Commissioners the matter of traffic circulation in the area, warning against restricting it at present unless it was the specific desire of the Commission. Circulation was one of the elements of the General Plan, howeverl and he advised the Cmmdssion to make sere detenunation on whether there should be a dead end road on Old Trace Lane or some circulation into Palo Alto to provide for the future. There was further discussion on Condition 7 (c) and 15 (b) on whether the road -in -lieu fees would be collected now or how it could be collected at a later date, and on what properties would grant the easements for bringing Old Trace Lane up to public road standards. Mr. Russell advised asking the City Attorney's opinion on whether a covenant running with the land would be used to collect road -in -lieu fees at a later date. Mr. Si stated that if the City Attorney could not be satisfied with the appropriate recnanism for collectin4 the road fees, he and his partner would L pay the road -in -lieu fees as charged. Thereafter the public hearing was closed. Mr. Perkins stated that he felt the Rolling Hills Subdivision was an unfortunate subdivision creating four lots on a property traversed by Barron Creek with a further encumbrance for 70 or even 35 feet for the creek. He stated he felt that this was not a good subdivision and that the subdivision should be kept to three lots rather than four. It was his further consideration that if the subdivider desired four lots, the creek should be brought down to the roadway. Mr. Young said that he concurred with Mr. Perkins, also reccmmnding that the sit, divider erne up with another plan with three lots rather than four. KMIIN SB03fIDID AND CARR=- It was moved by CanTd-ssioner Young and seconded by Covassioner Perkins that the application for the Lands of Rolling Hills Subdivision, File KM 2057-77 be reconvended to be denied without prejudice for the reason that there were too many lots for the terrain in the subdivision. AYES: Commissioners Young, Stewart and Perkins NOES: Commissioners Schick and Hahn ABSTAIN: None Cmmissioner Yong advised the applicant that he would be able to resubmit his subdivision with three lots instead of four, or he could re-route Barron Creek to cut down the need for variances and provide for swimming pools, tennis courts and stables. He observed that there was no provision for these amenities on the nap before the Commission. Another alternative would be to appeal to the City Council on the Planning Ornmdssion action. At 9:30 a recess was called; the meeting resuTed at 9:40 P.M.. PLANNING CWKISSICN MINUTES - June 6, 1977 VPage four PUBLIC HEARINGS: (continued) At this point in the evening, because of the size of the agenda and the lateness of the hour, a concensus was that an adjourned meeting should take place on June 13 at 7:30 P.M. for the purpose of holding a public hearing for the EYnvironttuental Inpact Report and Subdivision Request for the Lands of Saddle Mountain Estates, File KM 2060-770 items 4 and 5 on the agenda. 2. LANDS OF TRAFICANTI (fornerly Lands of Traficanti-Voorhees), File A'I1a 2055-77, Voorhees Drive, s r on 0 Approval of Tentative Map. (Continued fran May 25 meeting) Mr. Markl referred Commissioners to his amended staff report of May 19, noting that this subdivision request was for the lands of Traficanti only. Discussion began with Om missioner Stewart asking in the installation of a fire hydrant and a six inch water main had not already been accnplished with the Lands of Cassara sub- division. It was noted, however, that Mr. Cassara has until the filing of his final map to oauplete these requirements andpost a bond with the water company: and thus far neither of these events has occurred. The hearing was opened to the public. Mr. Al Traficanti, Applicant stated he resided on Lot 2 of the proposed subdivision. He discussed the proposed conditions on his subdivision, requesting deletion of condi- tion 5 (ammdod). He was against extending the water line because his subdivision L has adequate water and fire protection. He asked also that the Planning Caumission �r request a conditional exoeption to the limitation of five homes on a private road. Regarding the pathway request, he stated that both he and his neighbors were against any public access on the upper portion of Voorhees Drive. In further discussion on the water line installation requ.remsats, Mr. Russell stated that this condition was applied to Mr. Traficanti 's subdivision to provide against the possibility that Mr. Cassara may never actually subdivide. Orn the Eire Department request to have a water line on Voorhees Drive connect to Sum hill to form a circular supply system, Mr. Markl referred to Item 6 of the staff report. Camni.ssioner Young inquired if Mr. Cassara and Mr. Traficanti had tried to cooperate on the matter of the fire hydrant and water, but Mr. Traficanti stated that since the four lot subdivision was abandonded, he olid not feel the need to bring the water line further. MYTIIN SECamm AND CAFU=: It was moved by Camni.ssioner Perkins and seconded by Commissioner Schick that Condition 5 on the list of amended conditions be deleted. AYES: Camdssic hers Schick, Perkins, and Hahn NOES: Commissioners Young and Stewart ABSTAIN: None Mr.Steaart stated in voting no that he felt the water line correction should be obtained with this subdivision because of further subdivision potential in the surrounding area, and also the need to construct the loop connecting with Wild Barley Hill. MYTIIN SE02MM AND FAILED: It was moved by Comuissioner Perkins and seconded by Commissioner Hahn that a conditional exception be granted to Section 9-4.712 of PLANNING CM41SSICN DIMMS - June 8, 1977 Page five PUBLIC HEARINGS: (continued) 2. LANDS OF TRAFICANTI, File #TM 2055-77: (continued) (Ordinance No. 232 for the Lands of Traficanti, Condition 6 m the staff report. AYES: Comd.ssionere Perkins and Hahn NCFS: Cou ni.ssimers Schick, Young, Stewart ABSTAIN: None Canmissicner Schick stated that she wanted it in the record that she felt it was time the Planning Commission and the City Council dealt with the issue of the comber of hones that are allowable on a private road. When Mr. Traficanti wild his objection to becaning a football betmen the Plantung CMmsslon and the City Council, Mr. Russell stated that he had the right to appeal this decision to the Council. Mr. Russell stated that the total applica- tim would go to the City Council with the notation that the Planning Co missian had rejected arended Condition 5 and Condition 6. Cammissioner Stewart asked about pathway recd mendatioos, and Mr. Russell stated that Mr. Traficanti has no right, title or interest on Voorhees Drive and cannot grant an easement over the mad. 3. LANDS OF RICH, FileinM 2046-76, Stmebmok Drive, North Cal Staking Services, Inc., Engineers, loquest or Recrnrtrendatim of Approval on Tentative Map. (continued from April 27) Mr. Markl apprised the Ccmdssionere of two ptassililities for a sucgested (bndition 13 and referred them to his revised staff report of April 22 for information on the subdivision request. The 0onrtB.ssioners discussed whether the fault zone on the southerly end of the property was clearly delineated, the design of house that Parcel A could accamodate, and whether a tennis court could be fitted into the area available m Parcel A. Thereafter the public hearing was opened. Dave Riau, Applicant Stated that Parcel A could accotamdate a tennis court. He SEELZ tftat fte MCI his wife objected to Item 12 Pathway requziremsuts. He said his property would be surrounded with paths on three sides if all the paths requested were granted. He thought that the ingnrow ments on the line of siqht on Stonebrook Drive (Condition 13) should be worked out between the Town and Mr. Manugian rather than by himself and Mr. Manugiarn. John Hettinger, 12372 Priscilla Lane spoke in favor of retaining pathway requirements. Walter Gregorwi.ch,12370 Priscilla Lane spoke in favor of the pathway requirements. Betsy Fiksdal, Pathway Committee Chairwomen also spoke for pathway requirements. W. Strate, North Cal Stoking Services, Inc. spoke fon more thoxoughcoinq planning `, a orhs ra r an pieoeure—T sition of pathway links as wag being requested on the Lands of Rich. The public hearing was closed. PIAMINC Q)hMIS.SIIN MINUTES - June 8, 1977 jPage six PUBIJC HEARINGS: (continued) 3. LANDS OF RICH, File #'1M 2048-76: (continued) Because the hour was approaching the 11:30 P.M. adjournment time, it was moved by Camdssiaher Hahn and seconded by Cormissicner Stewart to continue with the Lands of Rich and canplete action on the Conditional Use Pennit request before ending the meeting. All voted in favor of the motion. There was discussion among Caanissieners on the need for the two pathway requests. Chainman Hahn said that he understood the rationale for the path along I.S.280 dawn to the intersection, but that the safe way to go on Sto bxoek Drive was to the opposite side of the road rather than cutting the euban3mmt on the Rich side to put a path up Stonebrock. She noted the problem of safety with the pathway proposal on Stonebrock Drive. Mr. Russell stated that the path on 9toanebroek Drive should be on the Menugian side and that there should be saw sharing in the expense of constructing it. Dave Rich,Applicant stated that he and his wife have offered to participate in the 791cpurg o t e banK on the Menugian side. nYrICN SSCCNIED AND UNPNMSLY PASSED IN A SDLL CALL WIE: It was roved by Chair- nm hairnen Hahn and seomded by Catmissio :er Schick to delete Condition 12(b) frau the list of suggested conditims on the Lands of Ride. OW M=CN SECC= AND UNANIKYUSLY PASSED: It was moved by Chainian Hahn and wended by Oamnissioner Perkins that Alternate Condition 13 of Mr. Maxkl's list of amended conditions dated June 8 be added as a condition for the Lands of Ride. The applicant shall obtain a written agxeamnt for the required encroach- ment into Parcel APN #336-29-002 from Antranig S. 6 Alice M. Mamigian. He shall o rplete the Stahebroek Drive slope construction and irpmvehent of the sight distanoe to the satisfaction of the City Engineer before the recordation of the Final Map. (Condition 13) NWICN SHOCIEM AND PASSED UNANINXISLY: It was moved by Crnmissic ner Yang and seconded by Chairman Hahn that Vm structural setback should be changed from 10 feet to 25 feet on Condition 1 j,, MYTICN SECCNDED ARID CART: It was moved by Chairman Hahn and seconded by Omnissic - er Stewart to reamnend approval of the Lands of Rich, File #Ts 2048-76 with conditions as amended by the Planning Commission. AYES: Commissioners Schick, Stewart, Perkins, and Hahn NCNS: Commissioner Young ABSTAIN: Nape MOTION SE(MED AND PASSED BY CYNMOS: It was moved by Commissioner Schick and seconded by Chairnan Hahn that a negative declaration be filed for the Lands of Rich, File #T4 2048-76. LMrs. Fiksdal asked that the Planning Okamdssim request at the budget planning on t the Tann grant funds for a path on the opposite side of Stanbrook Drive. PI.AD MG CaNMSSION MIIN[117:SS - June 8, 1977 Page seven PUBLIC HEARINGS: (continued) 4. LANDS OF SADDIE MDNIAIN FBfATES File#TM 2060-77, Environmental Fact Report prepared by Earth Metrics, Inc. Continued to an adjourned meeting on JUne 13) 5. LANDS OF SADDLE M UMM ESTATES, File " 2060-77, request for Recommendation of Approval of Tentative Map. tuantinued to an loumed meeting on June 13) 6. LANDS OF NIInTHIA.SON, File #M 8025-77, 13850 Paseo Del Fbhle, Ecb Owen Hares, Paul E. Nowack, Engireer, request for Pecamendation of Approval of (c nditic nal Use Permit for Secondary Dwellinq. Mr. Russell referred the Commission to his June 3 memorandum on the subject use permit. Comd.ssioners asked questions concerning the ownership of the lot and the kind of dwelling that would be constructed on the rather steep property. Mr. Ken Pastrof, Bob Owen Hames, stated that his company was constructing the hare, but t the property was ameo by Mr. Mathimcn. Crnmissioner Stewart pointed out that the request being considered was in conflict with YAmricipal Code Section 9-5.703(k). Mat was being requested was a residence for an employee rather than a temporary rAr-paymq quest. Comdssioner Schick suggested that the owner purchase another hone that would be L more suitable to his needs. Camissioner Perkins, however, reminded the Com"sion 4r that this request was to accommodate an attendant to provide medical assistance. The hearing, thereafter, was opened to the public. Ken Pt was Bob Owen Hones, requested approval of the use permit. He stated that the permit was th a tea carpanion for the propose of providing medical assistance to Mrs. Mathiason. This person would be in -lieu of a non-paying quest. Cmrdssic ner Schick stated that the secondary dwelling would not meet the six criteria for a variance request and was against the granting of this use permit. Cant' Mathiason, Applicant, stated that he and his vrife had signed the contract to uy Paseo Ik , and while they were in the process of building it his wife was diagnosed as having multiple sclerosis. He said that his job required his being away from here a great deal of the time, and the request for the use permit was a mechanism for dealing with the need for medical assistance and privacy. The public hearing was closed and the following motions passed: MOTION SECONDED AND UNANIbDUSLY PASSED: It was moved by Ccumissioner Schick and seconded by Commissioner Perkins that Iters 4, 5, and C of the Evaluation Section of the Staff report of Jame 3 be removed. MOTION SECONDED AND CARRSED: It moved by Commissioner Schick and seconded by Chair- man Hahn to recammend denial of this Conditional Use Permit for a Secondary Dwelling because it wase ntrary to Section 9-5.703(k) of the Municipal code. AYES: Camdssioners Schick, Hahn and Stewart NOES: Camdssicn r Perkins and Young ABSRIIN: None After the vote, Commissioner Yong made the following statement: PIMTING CDT*USSI(N MINUTES - June 8, 1977 Page eight 4w PUBLIC HEARINGS: (continued) 6. IANDS OF MATHlA.SON, File OCU 8025-77: (continued) "This is a secondary dwelling and may be used occasionally by a Person who is in the employ of the applicant. There is no suggestion that they are paying rent for it. It is for the convenience of the applicant. I think the sarEftt trivial application of the law in this case should be tenpered with a certain amotmt of mercy and concern for the people concerned. The application was made in good faith and ample reasons given for the Conditional Use Pernit with the recammndation that the applicant not use the secondary dwelling for a rental." AEUOURRENT: There being no further new or old business, the meeting was adjourned at 12:35 P.M. to Monday, June 13, 1977. Respectfully submitted, Ethel Hopkins Secretary `J 4w