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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