HomeMy WebLinkAbout06/22/1977 (2)PLANNING CDM AISSION
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, California
Wednesday, June 22, 1977
Reel 60, Side II, Tr. 1, 650 to End; Side I, Tr. 2. 001 to 387
Vice -Chairman Carico called the meeting to order at 7:50 P.M. in the Town Hall
Council Chambers.
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Present: Cmuissioners Carico, Perkins, Stewart and Young
Absent Commissioner Schick
Also Present: Town Engineer Alexander Russell, Tom Planner/Engineer John Markl,
Secretary Ethel Hopkins
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It was requested by the Secretary that the Minutes of June be removed f= the Consent
Calendar because they were not oaupleted.
`, MOTION SECCNEED AMID LUMIM JSLY PASSED: It was meed by Com assicaer Stewart and
seconded by Cmrtdssioner Perkins that Tentative Map Application for Lands of Arastra,
Ltd. Partnership, File #TM 2065-77, Page Mill Hoar, Paul Nowack, Engineer, be accepted
for filing.
1. LANDS OF HDLLING Hrr.TR SUBDIVISION, File #TM 2057-77, Frenbnt and Old Trace Lane,
R. Whaley, Engineer, Request for Recommendation of Approval of Tentative Map.
Mr. Markl stated that the revised submittal of the Rolling Hills Sffidivision map
allowed a larger area for the hcm and swimang pool on Lot 4. He rewewed new
information, noting that the property line between Lots 1 and 3 had been realigned to
allow a 30 foot setback fran the property line for the tennis court; that the Santa
Clara Valley Water District had sent a new letter dated June 16 stating their requests
for dealing with Barron Creek; and finally, he informed the. Comiissioners that a
variance had been granted to legalize the setback for an existing swimming pool. He
stated that all other information ren ined correct as submitted on the meeting of June 8.
Camdssioner Perkins enumrated the issues with this subdivision; would this subdivision
be a three lot subdivision or a four lot subdivision, and with the large setback required
to accomodate the creek, lots were being created with many enambrances on them.
The hearing was opened to the public.
Joe Sieger, Applicant reviewed the June 16 letter fron the Santa Clara Valley Water
District. He referred to City Council Resolution 694 which discussed how lots in the
Town could acmimndate tennis courts, and noted that his new Rep covered the possibilities
available to him. He stated in talking with the Commissioners,they had expressed regret
PLANNING CUIUSSION MIN= - June 22, 1977
Page two
t PUBLIC HEARINGS: (continued)
1. LANDS OF ROLLING HILLS SUBDIVISION, File MTat 2057-77: (continued)
at the possibility that the creek Right be undergrommded. He discussed alternatives
to this. His final request was that he be permitted to work with the City Attorney
on the matter of roads.
The public hearing was closed.
Discussion followed on whether the loan or the Santa Clara Valley Water District should
have control of the easement bordering the creek, and haw to prevent the requesting
of further variances. The public hearing was re-cpened to allow the applicant to
propose a solution to the question of further variances.
Jce Sieger, Applicant, suggested that a condition be made a part of the the sub-
division requirements that no further development could take place on Lots 2 and
4 that would require variances, to be amended only at the express consent of the Tuan.
Mr. Russell suggested that to prevent the Tbnm's having the burden to enforce such a
condition, that it be put on the owner's certificate or. the final mzp. This suggestion
was acceptable to both Mr. Sieger and Mt. Simon. The public hearing was closed.
Mr. Markl noted that a variance had been requested an the barn on Lot 3. Mr. Russell
noted, however, that until the final map for the subdivision is in the recorder's
office, a variance cannot be granted. It is a contingent variance until that time.
Discussion was concluded and the following motions passed:
MOTION SECONDED AND UNANIMUSLY PASSED: It was proved by Commissioner Perkins and
seconded by Camdssioner Stewart that as Condition 16 the following be added: The
action of the Variance and Pexmit Commission to grant a variance on the barn on Lot 3
is a contingency action and is valid only to the extent that the map on which the
variance is granted is finally approved.
MOTION SECONDED AND iNPNIM USLY PASSED: It was proved by Commissioner Perkins and
seconded by Camdssioner Young that as Condition 17 the following be added: The
owner shall certify on the final map that there shall be no variances of any kind
granted on either lots 1, 2, 3, and 4 in this subdivision for any purpose at any
time in the future. The terns of this condition are subject to the approval by the
City Attorney.
After these additional conditions were passed, the conditions were reviewed consecu-
tively, Motions were passed to amend or insert the following:
MJTION SECONDED AND [NPNIMIUSLY PASSED: It was moved by Commissioner Young and seconded
by Conissioner Carico that Condition 5 on the June 8 list of amended conditions, be
further amended by inserting after "off site" 'five days'prior to the issuance of
any type of plumbing, electrical or building permits.
It was stated by Mr. Markl that the private read, Old Trace Lane, was maintained by
`, Mr. Fcwle with an annual bill sent to the users of the road.
MYTTCN SECONDED AND UNANIMUSLY PASSED: It was moved by Carmissioner Perkins and
seconded by Commissioner Young Condition 9 should be amended by adding the following
PLANNING COMHffSSION MINUTES - June 22, 1977
Page three
PUBLIC HEARINGS: (contmued)
1. LANDS OF POLLING HTT•TS SUBDIVISION, File #TM 2057-77: (continued)
sentence: The subdividers and successors in interest will participate in existing
maintenance agreements regarding Old Trace Lane.
MOTICN SECONDED AND UNANIMOUSLY PASSED: It was moved by Cannissioner Stewart and
seconded by Commissioner Carico to insert Condition 11 of the list of amended staff
conditions dated June 8 as submitted at the meeting of June 8.
MOTION SECONDED AND UNANIMOUSLY PASSED: It was proved by Commissioner Stewart
and seconded by Con dssioner Carico to insert the amended Condition 12 frau the
June 8 list of amended conditions in place of the originally submitted Condition 12.
MOTION SECONDED AND UNANIMOUSLY PASSED: It was moved by Coamissimer Stewart and
seconded by Commissioner Carica to. delete Condition 13.
-MMON SF ONDED AND UNANIMOUSLY PASSED: It was acved by CommissionerStrwart and
seconded by Camnissioner 'Carico to amend Condition 14 by inserting after "be limited
to ... 'pedestrian, equestrian or garden equipment use'." Delete "horse grazing only.
At 9:05 P.M. a recess was called. The meeting resumed at 9:17 P.M..
Mr. Markl responded to Connissioner Stewart's question on why no pathway was 1�einq
required. He said it had been considered, but it was deemed inappropriate since -
them is an existing path on Fremont on the road shoulder.
MYTICN SECONDED AND UNANIMOUSLY PASSED: It was raved by Caw ssioner Stewart and
seconded by Commissioner Carico that. the Lands Of lolling Hills Subdivision, File
#TM 2057-77, be recommended for approval wi_th-. conditions as amended by the Planning
:. Commission.
MOTION SECONDED AND UNANIM ]SLY PASSED: It was proved by Commissioner Carico and
seconded by Coamdssioner Stewart that a negative declaration be filed for the
Lands of Rolling Hills Subdivision, File #TM 2057-77.
2. LANDS OF DIC , File *21 2056-77, 25720 Altamnt road, John raley, Engineer,
Eoquest or camiendatim of Annmval of T n+nti, s M4
Comnissioier Young stated he would absent himself from discussion and votinq on the
subject application because of a possible conflict of interest. Nr. Russell stated
that whatever the majority vote on this application, Comdssioner Vounq's vote would
automatically be caroted as a part of the rajority vote. _
Mx'. Markl began with a transparency demonstrating the relationship of Lands of
Dickinson with surrounding areas up for subdivision. He referred Commissioners to
his staff report of June 17 for thorough background information. CoTwdssim,r Perkins
( stated that he had questions on the net acreage on Lot 1.
v The public hearing was opened and closed with no one speaking from the floor.
Ccnmissioners Perkins and Stewart raised questions on whether the slope density
requirerents were being met on several of the lots, with Commissioner Perkins asking
pLAT IING conaSSION MIIVMS - June 22, 1977
Page four
PU MIC BEARINGS: (continued)
2. IMM OF DICKINSCN, File $TTS 2056-77: (continued)
if there were provisions for changing the number of lots on the subdivision if slope
density calculations show that the map is not in conformance with Town ordinance re-
quirements. Mr. Russell stated that the final map wouldn't be accepted for filing
in that case.
Commissioner Stewart concluded that lots 3 and 4 were not in conformance with the
ordinances as drawn.
John Ri]e , Engineer. stated that at the last minute he had decided to attempt to
oral exceptions frm his subdivision map, and that he felt that
there was adequate acreage for the one acre minuman regui.rements for lots. He asked
for CQlmission direction in avoiding the shifting of the 160 foot circle to the
wale area, and stated he would prefer to have the map accepted as it is.
Commissioner Perkins asked that Lot 2 be modified to accomodate Lots 3 and 4 so
that they could be given more area and so that the 160 foot circles on the lots
could be brought out of the swale area.
M71'ICN SECCNIDID AND C 9: It was moved by Commissioner Perkins and seceded by
Commissioner Stewart that the matter of the Lands of Dickinson, File $TM 2056-77,
be continued so that the conflicting issues on lot area and slope density calculations
could be thrashed out.
Voting for the motion were Commissioners Cari.co, Perkins and Stewart.
Commissioner Young abstained from. voting.
Permission was requested frau the engineer, John _P�illy, to continue the subdivision.
He stated he had no objection to holding the s95=- sion over for twro weeks and felt
he could work matters out with staff.
3. IMMS OF LMD RESWRCES, File #TM 2054-77, Arastradero Pnad, Paul Nowack, Engineer,
Request for Recamen tion or—App—r—Ov—= Tentative map.
Mr. Markl noted that the four lot tentative subdivision is intersected by Arastradem
(reek and two zones of seismic hazard. All other remarks were in the staff report
dated June 15. After a question from Commissioner Stewart on whether Mr. Cotton's,
the Town Geologist, remarks were incorporated into the staff report was answered
affirmatively, the hearing was opened to the public.
Paul Novaok,Engineer, noted that the subdivision request was for four lots on a
potenti yailIot subdivision. He acknowledged that the 160 foot diameter building
site circle could be moved out of the hazard area with no cromiing on the lots at all.
iLarxy Dawson, 13875 Mir Mirou Drive, noted the generosity of the applicant in reducing
tAh mme or lots from live to our, but waived the r ormd.ssion to be cautious with
the subdivider. He stated that the subdivider had violated his legal rights on access.
Cocmissioner Perkins stated that Lot 1 was heavily encumbered and questioned if it
�. could be alleviated. Mr. Russell suggested modifying the lot line. Connissioner Perkins
stated that by avoiding enambrances, the need for variances would be reduced.
Mr. Russell observed that in moving the lot line, care must be exercised on a sewer
easement owned by the City of Palo Alto. He doubted, for instance, if a tennis court
PLANNING CW IISSICN MINUIFS - June 22, 1977
Page five
PUBLIC HEARIN(5: (continued)
3. IANDS OF LAND RESOURCES, File KM 2054-77: (continued)
could be put over the sewer easement.
Mrs. Diana Miller Vista Del Valle, recamended against accepting the subdivision map
mt1l it was correctly designed and ready for the Camuission review. She said planning
on lot line changes was more appropriate at the subdivision oamuittee level.
Mr. Markl observed that the map had had considerable effort spent on it, and what
was being discussed were alternate ways of accarmlishing the same thing.
Com:issioner Young noted that the driveway to the present building site was very
steep and would necessitate a severe cut. He requested a profile to show the ammnt
of cut and fill, particularly where the driveway crossed the 325 to 350 foot level.
Mr. Russell noted that the Santa Clara Valley Water District wanted a 70 foot right-of-
way on Lots 1 and 2. Lot 3 was something of a problem because of the flow of the creek.
to the easterly end of the lot. He asked if the Ccnmission desired to add other
requirevents to the Water District's request. He said he thought a70 foot right-of-
way should be required, because iE less were required,the Plater District might not be
willing to perform any maintenance on the right-of-way easerent.
PDPICN SECQV® ASID CARRIED: It was moved by Conissioner Stewart and seconded by
Commissioner Young that the lands of Land Resources, File #TM 2054-77 be postponed
until the next regular Planning Ommission meeting when hopefully the engineer will
revise Lot 1 and Trac Court and supply cross-sections of the proposed driveww.
The Camdssion rested that a copy of the sewer easement be provided. Co missianer
Yang added the further camient that he wanted to know the zoning on the Palo Alto
side of this property and what provisions were being made to develop that side of
the property.
The motion had unaniumus approval.
Paul Ncvaek, En ineer agreed to the continuance, but said that map had been revised
many, many tomes an that he hoped they would he able to erre up with a new plan.
4. LANDS OF GERARD EDNffS INC. File #TSS 2061-77, Moody Road, Paul Newark, Engineer,
request or leammn frau o Approve
of Tentative Map.
MITICN SECONDED AND PASSED UMWINDUSLY: It was moved by Co missioner Young and
seconded by Conmissioner Carioo that the Lands of Gerard Hones, Inc., File #TM 2061-77,
be continued until July 13.
5. DAUGHTERS OF CEHARITY OF SAINT VINCENT DE PAUL,File #COP #340-7g, Peauest for
Revision o Conton o Use Permit, Request or Re tion of Auhroval.
Nuc, russell reviewed background information on the subject request. He referred
to his letter to the Commission of June 17 for further information. He noted that
the new proposed structure was markedly different fran the originally proposed
` structure, and added that the new dwelling must meet setback requirements.
The public hearing was opened and closed with no one responding for or against the
application.
PIPNNING a-pMffSSICN Ma TTE.S - June 22, 1977
Page six
PUBLIC BEAPJNGS:(continued)
S. DAl] iR TMIS OF C14ARTT7 OF SAINT VINCENT DE PAUL, File #CIIP #340-70: (continued)
MTTICN SECON= AND UNANIMDUSLY APPROVED: It was moved by Camnissioner Perkins
and seconded by Cmmissioner Stewart to recomend approval of the Daughters of
Charity of Saint Vincent DePaul request for revision of Crndition No. 1 of Use
Permit #340-70 as presented by Staff with the June 22 date inserted as the
revised approval date.
OLD BUSINESS: None
NEW BUSINESS:
Commissioner Carico requested that the first order of business after the July 13
swearing in of new Planning Camdssion morbers be election of officers. It was the
consensus that this should be done.
Mrs. Fiksdal, Pathway Committee, asked about further Planning Camnission meetings
rn Snawe an was rn o - - - _ June 29 adjourned meeting.
AWOUR OUNT:
There being no further new or old business, the Planning Ccnmission was adjourned by
[ a motion made by Catmissicner Stewart and seconded by Camiissicner Young. Adiournment
�r occurred at 10:29 P.M. to the adjourned nesting of July 29.
Respectfully submitted,
Ethel Hopkins
Secretary