HomeMy WebLinkAbout06/28/1978PLANNING COMMISSION
Town of Los Altos Hilts
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, June 28, 1978
Reel 70, Side 2, Tr. 1, 300 to End; Side 1, Tr. 1, 001 to 694
Chairman Stewart called the meeting of the Planning Commission to order at 7:45 P.M.
in the Council Chambers of Town Hall.
ROLL CALL:
Present: Commissioners Carico, Lachenbruch, VanTamelen, Dochnahl, Kuranoff, Stewart
Commissioner Perkins arrived at 7:48 P.M..
Absent: None
Also Present: City Engineer Alexander Russell, City Planner/Engineer John Markl,
Secretary Ethel Hopkins
Chairman Stewart made the announcement that the "Proposed Abandonment of Saltamontes
Drive from the Northerly 300 Feet, Being Adjacent to Foothill Expressway", Item 4
under "Public Hearings', would not be heard. The matter was being continued until
the public utilities companies, whose facilities would be affected by the abandonment,
4W could be notified for their responses.
CONSENT CALENDAR:
MOTION SECONDED AND APPROVED UNANIMOUSLY: It was moved by Commissioner VanTamelen and
seconded by Commissioner Dochnahl thatthe-Minutes of June 14, 1978 be accepted as
submitted.
PUBLIC HEARINGS:
1. LANDS OF STAMSCHROR-SILVER, File MCU 8029-78, 25231 LaRena Lane, Request for
commen at on o pprova of concritionaluse Permit for Secondary Dwelling
Without Kitchen Facilities - Referred to the Planning Commission by the
City Council
Mr. Markt discussed the history of the above request. He noted that the new list
of proposed conditions in his June 2 staff report were compiled from previous con-
ditions suggested by the Planning Commission and from recent deliberations of the
City Council. He reviewed, by means of a transparency map, proposed modifications
in the structures under discussion.
Chairman Stewart explained that City Council action had determined that some of the
original thirteen conditions were not necessary, but stated that the suggested list
of conditions before the Commission could be further amended. Planning Commission
deliberations on the request were not meant to be a "rubber stamp" for City Council
conditions.
4 Commissioners began discussion with Commissioner Carico inquiring about the 220
electrical outlets still present in the dwelling, and noting that this outlet could
still accommodate laundry facilities that were not necessary for this type of
PLANNING COMMISSION MINUTES - June 28, 1978
Page two
`• PUBLIC HEARINGS: (continued)
1. LANDS OF STAMSCHROR-SILVER, File #CU 8029-78: (continued)
dwelling. Commissioner VanTamelen asked about the utility room that would be
converted into a porch and whether this area had been subtracted from the allowable
square footage for a secondary dwelling. Commissioner Kuranoff observed that no
conditions for the utility room conversion had been included. Chairman Stewart
asked about the access to be provided at the back of the dwelling, and noted that
the applicants objected to constructing a fence, proposing instead to post a bond
in lieu of a fence. Commissioner Carico questioned the effectiveness of posting
a bond for a fence, noting that this would not be effective in the event the property
were rented.
Chairman Stewart outlined the alternatives for dealing with the subject request.
The Commission could again deny the request without prejudice, or it could recommend
approval as suggested or include the fence over the applicant's objection. Commission-
er Perkins observed that it appeared the intent of the City Council that the Planning
Commission sould deal with the request within the Town ordinances. However, since
neither the applicants nor the City Attorney were present to guide the Planning
Commission, as suggested in the June 2 staff report, the natter was continued.
MOTION SECONDED AND UNANIMOUSLY APPROVED BY ROLL CALL VOTE: It was moved by
Commissioner Perkins and seconded by Commissioner Lachenbruch that Lands of
L Stamschror-Silver, File #CU 8029-78, be continued until the applicant or applicants
and the City Attorney are present for the discussion.
Mr. Russell asked that the record acknowledge a letter dated June 5 from neighbors
and a letter dated June 26 from the applicants on the matter of their agreement
on conditions except for the fence.
2. LANDS OF ASTRA ESTATES, File #TM 2081-78, LaPaloma Road, Siegfried Pfendt,
ng neer, eques or commen at on Or Approval of Negative Declaration and
Tentative Map
Mr. Markt discussed the background of the subject request, calling attention to
the revisions made in the re -submitted six lot subdivision as detailed in his
staff report of June 21. He noted that additional conditions were included in the
June 21 report, in addition to those proposed in his May 16 staff report.
Commissioners discussed to a considerable extent the matters of designation of
Lot 6 as "Not a Building Site" until a proper access is obtained, whether it was
good subdivision design to have a lot bisected by a road, and the lot line change
between Mr. Pfendt and Mr. Breyman (Condition 8). Thereafter, the meeting was
opened to the public.
Siegfried Pfendt En sneer, discussed with the Commission the alignment of Golden
AiTI uo� rt%ilojiv ng
0 contour and adhering to a 15% grade. Commissioners
expressed a desire to pull the road as far away from adjoining property as was
possible and retain good engineering practice, keeping grading to a mintmum.
Mr. Pfendt discussed with the Commission the possible shifting of the road southward,
but insisted on the need to maintain the prime building sites on the property. It
was suggested as a solution to the dilemma of the placement of the road, that the
improvement plans be submitted to the Planning Commission for their approval.
PLANNING COMMISSION MINUTES - June 28, 1978
r Page three
�r PUBLIC HEARINGS: (continued)
2, LANDS OF ASTRA ESTATES, File #TM 2081-78: (continued)
Commissioner Lachenbruch commended Mr. Pfendt on the re -design of his subdivision
and stated that a lot bisected by a road was not an unpleasing lot design. He
proposed that screening be provided to conceal the bend of..the road from adjoining
properties. Disposition of the "sliver" portion of Lot -2 -aa a site for a park
under joint tenancy for all the subdivision's homeowners, as a stable area for
Lots 1 and 2, and as an area to be protected by conservation easement received
considerable comment among Commissioners and staff. Commissioner Lachenbruch
concluded the discussion by noting that the disposition of the sliver area in such
a small subdivision should be left to the property owners and the developer. His
concern, he stated, was that the drainage area should be protected by a conservation
easement.
Commissioner Kuranoff called the attention of the Commission to Mr.Rudolph A. Alfin-
ito's letter of June 25 opposing the cutting of any trees on the property. He noted
that the proposed road does protect trees, but that as the road intersects LaPaloma,
it must come through the eucalyptus trees. He requested that the improvement plans
designate every existing tree on the property, and expressed the hope that as many
trees be saved as possible. A proposal by Mr. Russell to use paving to create an
island for the trees to be saved was thought to be most desirable by the Commissioners.
Mr. Michael Wi1lnnen 991 Elsinore Drive Palo Alto, spoke in behalf of Mrs. Walker,
an a o n ng proper y owner w o a een osp to zed. Mr. Willemsen spoke for the
proposed road alignment and said that he hoped that the road could be moved as far
as possible away from adjoining properties without changing the present design,
spoke for proposed screening, and expressed the hope that an easement could be
obtained from Golden Hills Court for driveway access to the Walker property since
the present access from Newbridge Court was long and very steep. He spoke for a
pathway between Lots 3 and 4 or Lots 2 and 3 and then following the road rather than
following the property line at the property's edge.
The public hearing was closed, and discussion returned to the Commissioners. It was
the feeling of the Commission that Mrs. Walker's request for an easement should not
be considered along with the subdivision map, but should be worked out Yseweawma( ec omnc,
eai#kem and then a requet brought before the City Council for the granting of the
easement. 1c* --k= 711*4111
MOTION PASSED BY UNANIMOUS ROLL CALL VOTE: It was moved by Commissioner Lachenbruch
and seconded by Commissioner Perkins that a Negative Declaration be recommended for
the Lands of Astra Estates, File #TM 2081-78, with the following added Mitigating
Measures: 1) Appropriate conservation easements to protect the existing natural
drainage channel; and 2) Appropriate conditions to minimize the impact of tree
removal.
Commissioner Kuranoff expressed frustration at having to deal with the Negative
Declaration before the conditions on a subdivision, and it was agreed that a
Lreading and interpretation on the State's regulations for dealing with Negative
fir' Declaration should be requested from City Attorney Gillio at the next Planning
Commission meeting.
PLANNING COMMISSION MINUTES - June 28, 1978
[ Page four
PUBLIC HEARINGS: (continued)
2. LANDS OF ASTRA ESTATES, File #TM 2081-78: (continued)
Commissioners began a review of the suggested conditions from lists dated June 21
to May 16, with the following amendments made:
Added,Condition: It was the consensus of the Commission that Condition 1 on the
June 21 list of conditions should be amended with the addition
of the following sentence after the first sentence of the
condition: Planting shall be of such a nature as to reduce
headlight glare. Condition 1, as amended was added to the list
of conditions.
Added Condition: It was the consensus of the Commission that Condition 2 on the
June 21 list first be amended by changing the notation "not a
building site" to 'not a building site until the owner provides
a proper access'. The amended condition should be added to the
list of conditions.
Added Condition: Considerable discussion occurred on whether Condition 3 on the
June 21 list of conditions should be included as a condition, the
concern expressed by Commissioners was that excessive grading
to accommodate a poolora tennis court be prevented, and that
`, by flagging this lot, amenities can be accommodated inthe -plan
early in the planning, without the need for variance requests.
MOTION SECONDED AND FAILED: It was moved by Commissioner Lachenbruch,
seconded by Commissioner Perkins and failed to delete Condition 3
on the June 21 list of conditions. (Condition 3 was added to the list.)
AYES: Commissioners Lachenbruch, Perkins and Kuranoff
NOES: Commissioners Stewart, Carico, VanTamelen, Dochnahl
ABSTAIN: None
Added Condition: MOTION PASSED UNANIMOUSLY BY ROLL CALL VOTE: It was moved by
Commissioner Kuranoff and seconded by Commissioner Stewart that
the following be added as a condition:
The final improvement plans shall be submitted to the Planning
Commission, prior to consideration by the City Council, for the
purpose of reviewing the placement of pavement within the right-of-
way and the removal of the trees along the roadway.
Added Condition: MOTION PASSED BY UNANIMOUS ROLL CALL VOTE: It was moved by
Commissioner Lachenbruch and seconded by Commissioner Perkins
that the following be added as a condition:
The following area shall be included in a Conservation Easement:
From the easterly side of LaPaloma as widened, to a point twenty
feet (20') easterly and parallel to the easterly bank of the creek,
L along the entire frontage of LaPaloma, excepting therefrom Golden
Hills Court.
At this point in the meeting, the public hearing was re -opened so that Mr. Roberts,
Newbridge Drive, might call the attention of the Commission to a dead euca yTp-Fu—stree
that was a hazard in the area.
PLANNING COMMISSION MINUTES - June 28, 1978
Page five
4W PUBLIC HEARIINGS: (continued)
2. LANDS OF ASTRA ESTATES, File #TM 2081-78: (continued)
Added Condition: MOTION PASSED BY UNANIMOUS ROLL CALL VOTE: It was moved by
Commissioner Stewart and seconded by Commissioner VanTamelen
that the following condition be added:
The subdivider shall remove the dead, standing eucalyptus tree
or trees before the filing of the final map.
Added Condition: PASSED BY CONSENSUS: It was moved by Commissioner VanTamelen
and seconded by Commissioner Stewart that the following be added
as a condition:
Preliminary development plans for each lot shall be presented
to the Site Development Committee prior to final house design.
This is for the purpose of determining guidelines for grading
and structural location. This initial review shall require the
full payment of the site development fee.
Condition 1: PASSED BY CONSENSUS: To amend Condition 1 on the May 16 list
of conditions by adding the following sentence to the end of
the condition: Recommendations of the soils engineer shall be
considered as minimum standards.
4W Condition 6(b): Change "660 feet" to '760 feet' as recommended on the June 21
staff report.
The attention of the Commission turned to the discussion on pathways. Carol Gott-
lieb, Palieb, Paittee, discussed possible routes and easement connect onor the
proposedd pat way a T ng the northerly property line. Mrs. Joan Lantz 26050 Hewbrid e,
spoke against the proposed pathway in the motion before a omn ss on, stating t e
path as proposed would be an invasion of privacy that would be difficult to screen out.
Condition 9: MOTION SECONDED AND FAILED: It was moved by Commissioner Carico,
seconded by Commissioner VanTamelen, and failed to recommend the
path following the extension of the red line from the Lands of
Hawley, as shown by the Pathway transparency (Appendix N10),
straight darn to connect to Golden Hills Court at the narrowest
point on Lot 2.
AYES: Commissioners Carico and VanTamelen
NOES: Commissioners Stewart, Lachenbruch, Perkins, Dochnahl, Kuranoff
ABSTAIN: None
Bets Fiksdal Pathwa Committee, noted that pathway recommendations
a een ma a on an ear er map, and that the Pathway Committee had
not looked at the new map for the subdivision received by them on
June 26.
MOTION SECONDED AND FAILED: It was moved by Commissioner Dochnahl,
`, seconded by Commissioner Carico, and failed that the following
condition be added to the list of conditions:
PLANNING COMMISSION MINUTES - June 28, 1978
ow Page six
PUBLIC HEARINGS: (continued)
2. LANDS OF ASTRA ESTATES, File #TM 208178: (continued)
Condition 9: MOTION SECONDED AND FAILED: (continued)
aeras Dedicate a horse and pedestrian easement along the northerly boundary
of Lot 3 to the common boundary of Lots 2 and 3, then southward to
the panhandle of Lot 3 and then continuing within the panhandle of
Lot 3 to Golden Hills Court. A horse and pedestrian path shall be
constructed within this easement and along Golden Hills Court to
LaPaloma Road. A horse barrier shall be provided at the northeast
corner of Lot 3 so that horsemen do not infringe on Mr. Hawley's
property.
AYES: Commissioners Stewart, Carico, Dochnahl
NOES: Commissioners Lachenbruch, Perkins, VanTamelen, Kuranoff
ABSTAIN: None
At 10:25 a short recess was called; the meetinq was resumed at 10:40.
Commissioner Lachenbruch announced that a compromise between the
Pathway Committee and Mrs. Lantz had been worked out during the
recess. Motions were adopted on pathways, and staff asked to re-
write Condition 9 accordingly.
MOTION SECONDED AND PASSED BY UNANIMOUS ROLL CALL VOTE: It was moved
by Commissioner Lachenbruch and seconded by Commissioner Kuranoff
`r that the following Condition 9 on Pathways requirements for the
Lands of Astra Estates be adopted.
MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner
Kuranoff and seconded by Commissioner Stewart that pathway construction
along the southwesterly property line from LaPaloma to the terminous
of Lot 6 shall be either by hand or by the use of a tractor with a
five foot blade.
9, Pathways:
A. Dedicate a ten foot (10') pedestrian easement and construct a Type IIA path,
five feet (5') wide as follows:
1. Along the northerly line of Lot 2 from the intersection of Lots 2 and 3
to the existing easement on the adjacent Lands of Lantz.
B. Dedicate a ten foot (10') pedestrian and equestrian easement and construct
a natural path, Type 1A, five feet (5') wide and by hand or by use of a tractor
with a five foot blade as follows:
1. Along the southwesterly property line from LaPaloma to the southernmost
terminus of Lot 6.
C. Dedicate a ten foot (10') pedestrian and equestrian easement and construct a
native path (Type IA) five foot (5') wide as follows:
1. Along the northerly property line of Lot 3 from the northeasterly corner
of the property on Lot 3, westward to the common boundary of Lots 2 and 3,
then southerly along that line to the panhandle of Lot 3, then westerly
along the northerly line of the panhandle to Golden Hills Court.
PLANNING COMMISSION MINUTES - June 28, 1978
` Page seven
PUBLIC HEARINGS: (continued)
2. LANDS OF ASTRA ESTATES, File #TM 2081-78: (continued)
(a) Easements along Common property lines shall be five feet (5') each side.
D. Construct aTyype IIA path, five feet wide (5') along the southerly side
of Golden Hilis Court from the panhandle of Lot 3 to
LaPaloma Road. The precise location of this path shall be based on engineering
feasibility to be determined at the time of improvement plans.
(a) Path shall be entirely within the forty foot right of way if
practicable.
E. Construct a suitable path stile (barricade for horses but permitting through
pedestrian traffic) at the intersection of the pedestrian and equestrian paths
at the common northerly corner of Lots 2 and 3.
F. All pathway dedications shall be made by the final map.
A re uest for a path access between Lots 4 and 5 for hilltop access was made by
MMrr 111 &on� n b h fq fp Mr Walker, but itt wae fe It th t the were enough p ths.
MOtI N S€C(lN�.S AN � �� d& Sl♦: was moved by Commssloner �uranofff and secon�ed �y
Commissioner VanTamelen that a pedestrian easement be granted to the Town on the
property line between Lots 4 and 5. No pathway construction, however, shall take
place.
AYES: Commissioners Carico, VanTamelen, and Kuranoff
NOES: Commissioners Stewart, Lachenbruch, Perkins and Dochnahl
ABSTAIN: None
MOTION SECONDED AND APPROVED BY UNANIMOUS ROLL CALL VOTE: It was moved by Com-
missioner Dochnahl and seconded by Commissioner Carico that the Lands of Astra
Estates, File #TM 2081-78 as amended be recommended for approval.
3. LANDS OF TRAFICANTI File #TM 2083-78, Voorhees Drive, Edwin H. Smith, Engineer,
quest or ecommen tion o pprova of Negative Declaration and Tentative Map
Chairman Stewart requested that each Planning Commissioner be provided with an
engineering and architectural scale to aid them in scaling maps under consideration.
John Markl discussed the above request as detailed in his staff report dated June 22.
He called particular attention to the complicated history of Voorhees Drive, the
lot design, lot lines as they affected septic tank drainfields and other general
aspects of the subdivision.
Discussion on the request by Commissioners centered on the inclusion of the private
road area to make up the 160 foot circle requirement inscribed on each lot, the
continuing conflict of whether Voorhees Drive should be a public or private road,
and the "contrived aspect" of the subdivision which seemed to take advantage of
everything that could be gained from ordinance requirements.
Al Traficanti A licant, stated that it was not his intent to violate Town ordinances.
ITnote tat a awne the property under consideration, but that it should be desig-
nated the Lands of Traficanti-Incerpi. Mr. Traficanti finally agreed to submit an
alternate proposal for his subdivision, but complained that it would create a great
number of problems to do this.
PLANNING COMMISSION MINUTES - June 28, 1978
Page eight
PUBLIC HEARINGS: (continued)
2. LANDS OF TRAFICANTI, File #TM 2083-78: (continued)
MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Lachenbruch
and seconded by Commissioner Perkins that the developer of Lands of Traficanti,
File #TM 2083-78, come back with an alternate map showing the road, Voorhees Drive,
re -located so that the 160 foot circle can be inscribed outside the private road.
Ted Dunbar Attorney for Mr. Cassara (an adjoining properU oownee raised the
Tssuei a t e ra cant map, as presente may represen at n impingement on easements
held by his client Mr. Cassara. He stated he was not objecting to the map; he was
merely raising the question so that the Commissioners would be aware of it.
Commissioner Perkins stated that the matters of Mr. Cassara's easements for access
to Voorhees Drive should be cleared up with the City Attorney at staff level before
the map ever comes back to the Planning Commission.
4. Pro osed Abandonment of Saltamontes Drive from the Northerl 300
Jacen 0 00 1 Expressway - on nue see ear er announc
OLD BUSINESS:
1. Solar Energy Structures and/or Appenda as: Mr. Markl showed slides of various
types o so ar structures. ter a presentation, the Commission thanked Mr.
Markl. Chairman Stewart suggested that Commissioners all study the information
presented, and by the next meeting three volunteers present themselves for further
study, or, if Commissioners have ideas, to write these ideas down and send them
in for distribution to the Commission.
2. Conservation Easements (Activities Allowed): Commissioner VanTarrelen reported
as Planning omm ss on represen a vi a {or the Lands of Arastra Limited Partner-
ship that the City Council had expressed concern that no determination had been
made on what could be done within conservation easement areas. It was noted by
Staff that the City Attorney still have the Planning Commission comments for
interpretation. Commissioner VanTamelen also apprised the Commission of the
new pathway Committee request being considered for the Arastra Subdivision.
3. Revision to Ordinance No. 239: Commissioner Lachenbruch gave a progress report
on a possible emergency or nance to revise Ordinance No. 239. He said that
he would be happy to have Commissioners' further ideas.
NEW BUSINESS:
I.
Path�w Construction: Commissioner Kuranoff raised the issue of excessive scarring
caused by pathway construction along the Koo subdivision. Ways to prevent this
scarring were discussed, but no fool -proof way was decided upon other than the
condition attached to the Lands of Astra Estates that path construction be done
` by hand or a small tractor was arrived at.
w' ADJOURNMENT:
There being no further new or old business, Chairman Stewart adjourned the meeting
at 12:22 A.M.. Resp ctful) submitted,
Ethe� Hopkiis
Secretary