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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