HomeMy WebLinkAbout04/12/1978PLANNING COMMISSION
44V Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, April 12, 1978
Reel 68, Side 2, Tr. 1, 451 to End; Side 1, Tr. 2, 001 to 590
Chairman Stewart called the meeting of the Planning Commission to order at
7:47 P.M. in the Council Chambers of Town Hall.
ROLL CALL:
Present: Commissioners Kuranoff, Dochnahl, VanTamelen, Perkins, Carico, Stewart
Absent: Commissioner Lachenbruch
Also Present: Town Engineer Alexander Russell, Tann Planner/Engineer John Markl
Secretary Ethel Hopkins
CONSENT CALENDAR:
MOTION SECONDED AND CARRIED: It was moved by Commissioner VanTamelen, seconded
by Commissioner Dochnahl, and carried that the Consent Calendar be approved as
submitted, specifically:
1. Minutes of March 22, 1978
2. Acceptance for Filing of Tentative Maps:
(a) LANDS OF CLAUDE, File #TM 2085-78, Summerhill and Amigos Court,
John Riley, Engineer
(b) LANDS OF HOM, File #TM 2084-78, Elena and Robleda Road, John Riley,
Engineer
(c) LANDS OF TRAFICANTI, File #TM 2083-78, Voorhees Drive, Edwin H. Smith,
Engineer
AYES: Commissioners Stewart, VanTamelen, Dochnahl, Kuranoff
NOES: None
ABSTAIN: Commissioners Carica and Perkins abstained on voting for the approval
of the Minutes because they had been absent for the meeting of March 22.
PUBLIC HEARINGS:
1. LANDS OF CASTERSON File #TM 2075-77, Elena Road (near Dawn Lane), Brian,
an gas an ou ngineers, Request. for Recommendations of Approval of
Negative Declaration and Tentative Map
Mr. Markl discussed the subject request as detailed in his staff report dated
April 7, 1978. Items covered were the unique shape of the lots in the subdivision,
the location of the existing and future leach fields, and the several conditional
exceptions to the ordinance that would be required.
PLANNING COMMISSION MINUTES - April 12, 1978
Page two
PUBLIC HEARINGS: (continued) Caw"' `NGI1�
1. LANDS OF CASTERSON, File #TM 2075-77: (continued) �tia fu
4n& 'Kf t J Was an faer14.�
Commissioners voiced concerns on the following matters: Commissioner Perkins
objected to the scale of the ma questioned the accuracy of some of the
dimensions on the map. He also asked whether the path requested could accoirmo-
date both equestrian and pedestrian traffic. Commissioner Kuranoff asked about
preserving the oak trees on the property and whether Lot 1 could be developed on
the westerly side without a change in lot lines. Thereafter, the hearing was
opened to the public.
W. E. Casterson A licant, stated that a horse trail could be accommodated along
e eastern s e o arce 7, and that Lot 1 could be developed without the loss
of the beautiful oak trees. He also stated that the private right-of-way could
serve the families using it, and that through the fifteen years he has lived on
the parcel, there had been no problem with traffic.
The public hearing was closed, and discussion returned to the Commission. Con-
cern was expressed by Commissioner Kuranoff on whether oak trees would be affected
by their proximity to the septic drainfield to be located on Lot 1.
Mr. Casterson noted that the water company in installing a new water main had come
3f wT5-5 o r feet of the main oak tree, and the tree had not been damaged. Also,
the tree's proximity to the septic tank drainfield had not affected it at all - the
owr tree flourishes.
MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Perkins,
seconded by Commissioner Kuranoff, and passed unanimously that the map for the
Lands of Casterson, File NTM 2075-77, be returned to the engineer for re -submittal
as a detailed subdivision map rather than a map superimposed on a aerial photograph.
The re -submitted map shall be the standard V-40'scale map. The following shall
also be included: a) An exhibit of a home and drainfield with a 100% expansion
area located on Lot 1; b) The proposed driveway shall be shown routed around the
oak trees; and c) The resubmitted map shall show the 30 foot private right-of-way,
while an accompanying exhibit shall show the varying 40 and 35 foot right-of-way.
Commissioners discussed the possibilities of re -locating the pool equipment or
changing the property lines to adequately encompass this equipment within the
required setbacks. It was the consensus that the best method of handling the
situation was to request a variance and enclose the pool equipment to lessen its
noise impact.
Commissioners also requested that they be provided clarification on where exiting
overhead power lines convey service and what would be entailed in undergroundrng.
It was noted that two conditional exceptions would remain on this tentative map
request, one for the driveway and the other the variance for the pool equipment.
The Lands of Casterson would be heard again when the information requested by the
Commission was available.
`' 2. LANDS OFNOLLER, File NTM 2080-78, LaPaloma and Alta Tierra Roads, Paul Nowack
an ssocra es, ng neers, Kequest for Recommendations of Approval of Negative
Declaration and Tentative Map
PLANNING COMMISSION MINUTES - April 12, 1978
Page three
�r PUBLIC HEARINGS: (continued)
2. LANDS OF HOLLER, File #TM 2080-78: (continued)
Mr. Markt reviewed for the Commissioners the design of the subdivision, driveway
access, and the request of the Pathway Committee as detailed In his staff report
of April 7. There was no further discussion, and the hearing was opened to the
public.
Jerr Bisho 13031 Alta Tierra Road, requested that Conditions 2 and 3 be modified
require a e wor a accomp fished prior to the issuance of building permits
rather than "prior to the filing of the final map." He also discussed reasons for
requesting that Lot 2 be served by the e�js fig driveway until such time as the
Nollers decide to sell both their own lo*9 Lot 1. Another request was made
that the shoulder along Alta Tierra be filled and the pathway placed adjacent or
within the existing right-of-way. Finally, he asked for an adjustment in road -in -
lieu fees to a common fee rather than separate charges for each of the roads.
Mr. Russell noted that the Town should have a copy of the agreement between the
subdivider and PG&E before the final map is filed if utilities are permitted to
be undergrounded before the building permits are issued,as requested by Mr.Bishop.
He also called attention to Mr. Holler's letter of April 10 relative to Condition 4,
but noted that if Mr. Holler's request was honored the lot line between Lots 1 and
2 should be deleted.
Carl Noller, A lip t, explained his request to retain the present driveway access
irougi of an proposed that Lot 1 be designated as "Not a Building Site", but.
that when the lot is sold for abuilding site, the driveway through the lot will
be removed and a separate driveway constructed for access to Lot 2. He noted also
that Lots 1 and 2 together would be an attractive piece of property, but inorder
to avoid the need for further subdivision he wished the properties designated by
map as separate pieces of land.
Bud Cho r Paul Nowack and Associates En ineer clarified that the driveway across
Lot was sU trdc a rom of s Ze Ca CU atlon5.
The public hearing was closed, and Commissioner Dochnahl noted that the policy of
the Pathway Committee was to have paths separate from the road right-of-way where -
ever possible. He questioned that if the pathway were put along the road, would
there be enough room to maintain the safety of path users. Chairman Stewart felt
that this would not be the safest place for the path. The discussion moved to
the Negative Declaration and a review of the conditions.
MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Stewart,
seconded by Commissioner Carico, and passed unanimously that a Negative Declaration
be filed for the Lands of Noller, File #TM 2080-78.
Conditions 2 and 3: It was moved by Commissioner Stewart and the consensus of the
Commission that Conditions 2 and 3 be amended by deleting
"...prior to the filing of the final map.", and substituting
'...prior to the issuance of any building permit.'
PLANNING COMMISSION MINUTES - April 12, 1978
Page four
PUBLIC HEARINGS: (continued)
2. LANDS OF NOLLER. File #TM 2080-78: (continued)
Condition 4: MOTION SECONDED AND UNANIMOUSLY PASSED: It was moved by Commission-
er Carico, seconded by Commissioner Perkins, and passed unanimously
that Condition 4 be deleted and the following substituted: Lot 1
shall not be considered a building site unless the driveway to
Lot 2 across Lot 1 is removed. (a) A conditional exception to
Section 9-4.604(a) shall be granted to permit the creation of a lot
less than one (1) net acre until such time as the existinq driveway
serving Lot 2 is abandoned. (b) The final map shall bear the note
that Lot 1 is "Not a Building Site" until such time as this re-
striction is lifted by the City Council.
Considerable discussion followed on the mechanics of making future
buyers of Lot 1 aware of the restriction on Lot 1, and it was the
consensus of the Commission that Staff should clarify this matter
with the City Attorney.
Condition 5: It was the consensus that Condition 5 should be amended with the
following:
'Connect existing and proposed residences to sanitary sewers,
` and locate, pump and fill the existing septic tank on Lot 2
according to Environmental Health Department Standards. (The
rest of the condition remains as written.)
Condition 7: It was the consensus that Condition 7 be amended with the addition
of subsection (a) The applicant shall pay all necessary fees.
Condition 8: MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner
Stewart, seconded by Commissioner Carico and passed unanimously that
Condition 8 shall read: The final map shall prohibit access to Lot 3
from (a) Alta Tierra Road, and (b) that portion of LaPaloma Road a
distance of 100 feet from the point of return.
Condition 9(b): Condition 9(b) was not amended, but concern was expressed on the
gully along Alta Tierra. It was the consensus that the path should
not go up on the road shoulder and the Commission requested that
at the next meeting of the Planning Commission they be presented
with a cross-section on the Alta Tierra Road area under discussion.
Added Condition: The City Engineer suggested that the Planning Commission recommend
that a berm be constructed along LaPaloma and Alta Tierra to con-
fine loose material from going out into the street, noting that
such a berm existed south of the subdivision, but there was no
berm in the area under discussion. When he was asked if there
would be a separation between the path and the berm, Mr. Russell
said there would not be.
Concern was expressed. by Commissioner.Kuranoff for the safety
of bicycle riders if the berm were in place hecausethey would
PLANNING COMMISSION MINUTES - April 12, 1978
Page five
PUBLIC HEARINGS: (continued)
2. LANDS OF MOLLER, File #TM 2080-78: (continued)
have no place to escape traffic.
MOTION SECONDED AND FAILED: It was moved by Commissioner Stewart,
seconded by Commissioner Carico and failed that the following
condition be added: The AC berm shall continue from the most
southerly point up to the intersection of LaPaloma and around
the corner of Alta Tierra if necessary.
AYES: Commissioners Stewart, Carico, and Dochnahl
NOES: Commissioners Perkins, VanTamelen, and Kuranoff
ABSTAIN: None
Condition 10(b): Considerable discussion followed on the fees charged for road -
in -lieu fees, and whether the varying fees charged were fair to
the applicants. Mr. Russell pointed up the problem of main-
taining Alta Tierra since the road has not held up under wear.
He added that if the Commission felt that the fees were not in
order, they should make a "no recommendation" to the Council.
MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commission-
er Carico, seconded by Commissioner Perkins, and passed unanimously
that the Planning Commission makes no recommendation on the road -
in -lieu fees.
At 9:42, a recess was called. The meeting resumed at 9:50.
Mr. Noller, Applicant, cited automobiles cutting across the corner of Alta Tierra
T
a reason or a rapid decline of the road and noted that he had requested
that a barrier be placed at the corner to prevent this road deterioration.
When Commissioner Stewart inquired from Staff why this had not been done, he was
told by Mr. Russell that the Town was waiting until the area came before the Town
for further subdivision and the road improvements would be requested at that time.
MOTION SECONDED AND UNANIMOUSLY PASSED: It was moved by Commissioner Carico,
seconded by Commissioner Perkins, and passed unanimously that the Lands of Moller,
File #TM 2080-78, be recommended for approval with conditions as amended.
OLD BUSINESS:
1. Tentative Ordinance on Fencinq (for Discussion Only): In a short discussion
on Ile proppose or finance, subsection a on page one was deleted, and sub-
section (d) on the same page was amended by changing the first line to read
"That fences and wall proposed to be constructed are interior to the side...
(the rest remains as written). Commissioner Carico expres�ncern of the
wording "or any portion of lot or parcel of land thereof..." on page two,
asking if this would prohibit her building an entry gate with lights at the
entrance of her property. Mr. Russell commented that it was not the intent
of this ordinance to prevent these kinds of construction by the individual
home owner. He noted further that the subdivider could build a fence only
if the fence were recommended and.the rity Council granted permission.
PLANNING COMMISSION MINUTES - April 12, 1978
Page six
OLD BUSINESS: (continued)
1. Tentative Ordinance on Fencing (for Discussion Only): (continued)
It was noted that the intent of the proposed ordinance was to prevent small
and large subdivisions from being walled -in cities. The discussion was
concluded and the item continued to the next meeting of the Planning Commission.
Planning Commissioners were instructed to make written suggestions and deliver
them to the Planning Commission Secretary for distribution with the next meeting's
packet material.
2. Uses Within Conservation Easements: A short discussion occurred on this item,
but there -were no actual changes recommended in the document submitted. There
were some questions on the legal grounds for a conservation easement and on
what might be added to the list of prohibited uses. An alternate approach
was suggested, that emphasis might be placed on what was permitted in these
areas.
Again, it was the decision of the Commission that Commissioners should submit
written comments on amendments or changes to the original proposal. These
would be distributed for the Commission's review, and the item rescheduled
for discussion at the next meeting. When the Commission had compiled a summary
of thoughts and recommendations on the matter, they could be submitted to
Mr. Gillio for his review.
�► 3. Lands of Borello Conditional Use Permit: Mr. Markt informed the Commission that
Lands of Borello ormer y English Meaffows) would be before the Commission at
the next meeting for a conditional use permit review.
4. Road -in -lieu Fees: It was the consensus of the Commission that the road -in -lieu
ees s_iouTFFe a flat fee charged equally to every applicant, and it was pointed
out that the Lands of Noller before the Commission was a good example of con-
flicting charges on road fees. Still, the Planning Commission did not feel it
was their job to set fees. Instead, it was agreed that a Committee of two
Commissioners (Commissioners Stewart and VanTamelen) would look Into the history
of road -in -lieu *ees and talk with the City Manager in order to arrive at a more
satisfactory figure to charge applicants or some other solution to the problem.
5. Scenic Hi hwa s Element: Commissioner VanTamelen stated that a new draft of the
conic iq ways ement was being considered by the Roads Study Committee, but
that it was still not ready for Planning Commission review.
6. Model CoNoise Ordinance: The Planning Commission Committee appointed to
wor wit mmunit a oise atement Committee noted that they had reviewed their recommen-
dations with that Committee, but nothing further had been done.
7. Appendix A - Hillside General Plan - City of Cu ertino: Mr. Perkins advised
oZr7miiioners t a neons s encies were�ou�i umbers of the summaries
of the above document, and that the truth lay in the computer run -out. Mr. Perkins
agreed thereafter to discuss the matter of slope density calculations for newer
members, and Chairman Stewart agreed to set this discussion up for any interested
members If they would contact him on it. The discussion would be a study session
for those interested members.
PLANNING COMMISSION MINUTES - April 12, 1978
Page seven
NEW BUSINESS:
Mr. Russell advised the Commission that there would be no City Council meeting
after April 19 until May 17.
A short discussio cur ed on the grading to be taking place on the Lands of
Country Way Sub vision Dy the Woolwortb.Geastruction Company in order to survey
the property. Since the construction company was not doing its work in defiance
of any ordinance, Mr. Russell suggested that the Commissioners contact the City
Manager with their complaints on this matter. (The concern expressed by the
Commissioners was that thegrading was being done in an environmentally sensitive
Conservation Easement area.)
There being no further new or old business, the meeting was adjourned by Chairman
Stewart at 11:32 P.M..
Respectfully submitted,
Ethel Hopkins
Secretary