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HomeMy WebLinkAbout08/09/1978[ PLANNING COMMISSION hwl Tann of Los Altos Hills 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, August 9, 1978 Reel 71, Side I, Tr. 2 001 to End; Side II, Tr. 2, 001 to 268 Chairman Stewart called the meeting of the Planning Commission to order at 6:40 P.M. in the Council Chambers of Town Hall. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Stewart, Carico, Lachenbruch, VanTamelen, Dochnahl Absent: Commissioners Reeves and Kuranoff Also Present: Assistant City Engineer/Planner John Markl,Secretary Ethel Hopkins CONSENT CALENDAR: Commissioner Carico requested that the Consent Calendar item, the Minutes of July 26,be corrected as follows: On page five, after the first sentence of para- graph seven, add, "Commissioner Carico askedthat the record reflect that it was `, her feeling that the Planning Commission should not get involved in discussing annexation or de -annexation with the Town of Los Altos." MOTION SECONDED AND CARRIED: It was moved by Commissioner VanTamalen and seconded by Commissioner Carico that the Minutes of July 26 be approved as amended. AYES: Commissioners Stewart, Carico, and VanTamelen ABSTAIN: Commissioners Lachenbruch and Dochnahl STUDY SESSION: Planning Commissioners enumerated the items they wished to be discussed. They were: Commissioner Carico: (1) Confining meeting hours to an 11:3n P.M. adjournment time, (2) Setting a date for a joint Study Session with the City Council, (3) Finish the Scenic Highways Element, and (4) Committee inputs. Commissioner VanTamelen: (1) Scenic Highways Element, (2) Committee inputs - Planning Commission relationship to the City Council and Committees, (3) Conserva- tion Easement Guidelines, and (4) Slope density and chanoes to the ordinances - ordinance control of marginal lots. Commissioner Dochnahl: (1) Scenic Highways Element, (2) Fence ordinance, (3) Con- servation easements, (4) More than one Planning Commissioner at Site Development and Subdivision Committee meetings. Commissioner Lachenbruch: (1) The over-riding problem of the need for and method �w` of obtaining continuingsupport from a professional planner, (2) Pathway Committee - support for the Pathway Committee and the whole way paths are handled, (3) Environ- mental Design Committee - what can it do and how can it contribute to planning efficiency, and (4) Obtaining needed support for the Planning Commission and par- ticipating in the selection of the new City Engineer. PLANNING COMMISSION MINUTES - August 9, 1978 Page two STUDY SESSION: (continued) Commissioners began discussion on the items enumerated. Followino are some of the conclusions reached and actions taken: Artemis Ginzton, Environmental Design Committee, discussed the functions of the nvironmen a 5 gn ommittee as delineated in Ordinance 269. She presented the Planning Commission with copies of the 1966 Master Pathway Plan and a copy of the "First Report of the Tree Committee." Trudy Sherlock Environmental Desi n Committee, expressed the willingness of the ommit ee to wor wi t e ommiss on on environmental projects to enhance the appearance of the Town's streets and roads. It was decided that the Scenic Highways Element should be reviewed by the Environmental Design Committee at a joint meetinq with the Roads Committee to be held in the Committee Room at 7:30 P.M. on Tuesday, August 15, and there- after by the full Planning Commission. Recommendations were made that the relationship between the Town Committees and the Planning Commission be clarified, that a special meeting be arranged so that Committees and the Planning Commission could discuss ways of relating effectively on mutual tasks, that the City Council be asked to clarify the relationship of the Planning Commission to Committees and Staff relationship to Committees. `. Commissioner Carico urged that a date for a joint meeting with the City Council be arranged (after first having met with Committees). Commissioner Dochnahl requested that a decision be made on a fence ordinance for the Town and asked that all previously considered material be distributed to the Commissioners. Commissioner Lachenbruch emphasized the need for professional planning support on the matters of the Scenic Highways Element, hillside plannino and development, staff reports and related research matters. He stated that strong staff support was needed for the principles that the Planning Commission represents in the Town. Commissioner Lachenbruch went on to suggest criteria to be considered when selecting the new City Engineer for the Town, and it was the consensus that these criteria be sent in a letter to the City Council. He stated that in addition to havino appropriate experience and competence in engineering, the new staff member should, by his understanding and philosophical conviction,be attuned to the principles for which the Town was incorporated. The new Staff Engineer must have a clear understanding of the important distinction between the collective interests and objectives of the Town (as set forth in the General Plan and Municipal Code and as established by precedent in Council and Planning Commission actions) and the interests and objectives of individual applicants. He must understand that interests and objectives of the two parties do not qenerally coincide, that a forthright adversary relationship is generally appropriate, and that he is on the side of the Town. The new staff member should understand the Town's philosophy in sufficient depth that this attitude can be conveyed spontaneously and con- sistently in the day-to-day contacts at the front desk of the Town Hall. The study session was concluded, with the intention of returning to the discussion if regular business was concluded early enough. PLANNING COMMISSION MINUTES - August 9, 1978 Page three kW PUBLIC HEARINGS: LANDS OFHIGHTt R File #TM 2089-78, O'Keefe Lane, Paul Nowack and Associates, ng., equest or econmen at on of Approval of Negative Declaration and Tentative Map Mr. Markl reviewed the background of the subject subdivision request as detailed in his staff report dated July 28. Particular attention was given to the location of the road, noise impact, and pathway requests. Discussion among Commissioners centered on the difficulty of reading the detailed tentative map, the location of existing trees on the tentative map and concern for saving as many of these trees as possible when constructina the subdivision road, and whether O'Keefe Lane should be a sixty foot right-of-way collector road. Commissioner Carico noted that O'Keefe Lane was a rural road that carried a lot of children and horse traffic and said that she would hate to have a sixty foot right of -way that would encourage fast traffic. The hearing was then opened to the public. Bob Naecele_ Pant Nnwa r4 and A--4,._ of the road was essentially the only possible location for it, and that all trees would be properly designated on the final map. Dennis Hill Galli/Heritage 353 Sacramento Street San Francisco, commented on t e exce ent qua ity of t e sta f report on the subdivision; stated that a land- `, scape architect had been hired to mark specimen trees; that houses in the sub- division would be designed by an architect, custom built, and would be in the area of 3,000 square feet or more. Carol Gottlieb PathwaCommittee stated her concurrence with pathway suggestions TO e s a repor , u sugges a that header boards he used to designate the pathway area. She stated also that Mrs. Dean was very eager to have the proposed pathway connection for horses and children going to St. Nicholas School. She noted that a path was in existence on Brendel Drive, that it had been dedicated, but that it had yet to be picked up by the Town. Mr. Gerard Currie 25545 O'Keefe Lane noted that eight years ago he had given the Town an easement on s property w is connected with the path easement on the Hightower subdivision, had made the in -lieu path payments, but that no path had been constructed by the Town. He added that people have been trespassing on his property, and that he is now being sued by people who have trespassed on his property. He warned that if there was no further action on the part of the Town to construct the path, that he would fence off his property from intruders. He noted that it was senseless for the Planning Commission to recommend a connecting path along O'Keefe and Dori Lane and have no path constructed there; he asked that the Planning Commission request that the path along his property be installed. Mrs. Jo ce Barker resident on the Lands of Hi htower urged that the path connection Fe een a an s o 1g tower an an s o ,urrie a comRleted, and stated that O'Keefe Lane should be wide enough for two cars to pass comfortably or that a turn- ` around be provided at Mr. Currie's property. Mr. Currie stated that he was not in favor of a turn -around and he did not intend to eve op his property. He stated that he wanted O'Keefe to dead-end at his pro- perty. PLANNING COMMISSION MINUTES - August 9, 1978 Page four PUBLIC HEARINGS: (continued) 1. LANDS OF HIGHTOWER, File #TM 2089-78: (continued) The public hearing was closed, and discussion returned to the Commissioners and Staff. Commissioner Stewart referred to Mr. Farwell's letter of June 27, 1978, Appendix #7 relating to a proposed turn -around. Mr. Markl, however, stated that neither the applicant nor the engineer wished to propose any street improvements on O'Keefe Lane and that the road -in -lieu fee was being charged instead of con- struction of the turn -around. Commissioner Stewart also inquired about the $420 hydrant standby charge (Appendix #7). (See Mr. Markl's August 11 memo for an ex- planation of these hydrant charges.) Other discussion centered on the path on the northerly boundary of Lot 4. The following motions were passed: MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Dochnahl and seconded by Commissioner Carico that a Negative Declaration be recommended for the Lands of Hightower, File #TM 2089-78. Condition 1(a): PASSED BY CONSENSUS:To amend Condition 1(a) statement to read: Review and approve the roadway grading plans, roadway pavement desion and drainage improvement plans, including piping if required, on site and along O'Keefe Lane as approved by the City Engineer. Condition 11(b): PASSED BY CONSENSUS: To amend Condition 11(b) to read: The [ The applicant shall submit a landscape plan prepared by a pro- fessional 4br landscape architect for all acoustical plantings on Lots 1, 2, 6, 7 and 8 in conjunction with subdivision improve- ment plans. The recommendations as contained within the Pack report shall be considered as minimum standards. Commissioner Dochnahl recommended that the Environmental Design Committee get involved with the tree planting on the noise miti- gation measures. Added Condition: q n PASSED eBoYveieNntNplansTshallhbefreviewed bynthe��lanningdcortmission prior to the final mao to determine what trees will be removed and what trees will remain on the property. A copy of the improvement plans shall also be sent to the Environmental Design Committee for review. Condition 15(a): PASSED BY CONSENSUS: To amend Condition 15(a) to read: Dedicate a ten foot (10') equestrian trail and pedestrian easement by final map (Ordinance No. 232, Section 9-4.1206(e)) along the easterly boundary of Lot 5 and along the northerly property line of Lot 4 from Lot 5 to the Lands of Dippel. Condition 15(b): PASSED BY CONSENSUS: To amend Condition 15(b) by adding the sentence at the end: Portions of this pathway with the right-of- way shall be separated from the pavement a minimum of five feet (5') from the pavement. Added Condition: PASSED BY CONSENSUS: It was the .consensus of the Commission that the following he added as a condition: Dedicate a ten foot (10') strip along the southerl boundary f the suyyd'vi ion to increase the uublic right-of-way yfrom fifty ofeet to six�y eet for a more adequate pathway. PLANNING COMMISSION MINUTES - August 9, 1978 Page five rr PUBLIC HEARINGS: (continued) 1. LANDS OF HIGHTOWER, File RTM 2_089-78: (continued) Commissioner VanTamelen recommended that a letter be written to Mr. Crowe requesting that the path be constructed along Mr. Currie's property. Commissioner Carico recommended that the Environmental Design Committee be invited to attend the Site Development Committee meetings for the Lands of Hightower and that they review a copy of the improvement plans. Commissioner VanTamelen- commented -again on�the-.difficulty of reading the tentative map and suggested that a system of shading be used to designate the areas of increas- ing slope on the slope density map. Commissioner Lachenbruch noted that the subdivision was an interesting subdivision for applying the test for marginal lots. He pointed outthe larger area for Lot 1 and the need for adequate screening from noise impact, pointing out that the house pad could be moved away from the sound source. MOTION SECONDED AND APPROVED UNANIMOUSLY: It was moved by Commissioner Dochnahl and seconded by Commissioner Carico that the Lands of Hightower, File HTM 2089-78, be recommended for approval with conditions as amended. At 9:40 the meeting was recessed; the meeting was resumed at 9:55 P.M. A short discussion followed on whether the path to the Currie property should be on the northerly or southerly side of O'Keefe Lane. Commissioners decided that the pathway decisions already made for the Lands.of:Hightower-should remain. 2. LANDS OF AVENI, File RVAR.7051-78, 24183 Hillview Drive, Paul Nowack and lares, Engineer, equest or Recommendation of Approval of Variance for Existing Tennis Court (Referred to the Planning Commission by the Variance and Permit Commission) Mr. Markl addressed the Commission with background material on the above request as detailed in his staff report of July 18, noting that the request had been for- warded to the Planning Commission by the Variance and Permit Commission. He stated that the applicant had complied with responses on the six findings for the granting of a variance, and that neighbors Mr. and Mrs. Waggoner, 24202 Hillview Drive, had sent a letter recommending approval of the variance. Commissioners discussed various means of dealing with Mr. Aveni's violations of Mdnicipal Code and Mr. Syed's property rights. Proposals discussed were outright denial of the request, leaving the court intact and trying to find an equitable solution to the non -conforming structure, urging Mr. Aveni to Purchase needed land from Mr. Syed, and possible fines for disregard of Town regulations. Commission- er Lachenbruch questioned the validity of some of the responses to the six reasons for granting the variance. The hearing was opened to the public discussion. c�,.<ia�eu way ure yraUing ana paa Tor the Tennis court were in existent Mr. Aveni bought the property and urged that the request for the variance recommended for approval. PLANNING COMMISSION MINUTES - August 9, 1978 Page six PUBLIC HEARINGS: (continued) 2. LANDS OF AVENI. File #VAR. 7051-78: (continued) Nasrullah Sed 24182 Summerhill Avenue stated he was against rewarding Mr. Aveni or is evious a or s, it e wanted an equitable application of the law, and that the City Attorney should get in touch with Mr. Syed's attorney to solve the problem in a legal manner. The public hearing was closed, and the disposition of the request considered fur- ther. All agreed that under the usual variance request circumstances they would not approve the variance. Penalties for ordinance violations were considered, but the consensus was that this was the responsibility for the staff. MOTION SECONDED AND APPROVED UNANIMOUSLY: It was moved by Commissioner Carico and seconded by Commissioner Lachenbruch that the recommendation to the City Council should be that the variance be denied, the basis for denial being that the six conditions required by ordinance could not in the past or in the present be, met. Commissioner Carico noted for the record that there were violations of two set- back lines with the Aveni tennis court in addition to violations of the Town's Municipal Code. OLD BUSINESS: Election of Officers: Commissioner Stewart asked if Planning Commissioners were still in agreement with the motion passed on July 26 on the election of officers for the Commission. It was the consensus that all Planning Commissioners should be present for the election of officers. Commissioner Stewart also opened for discussion a proposal that the chairmanship of the Planning Commission be on a rotating basis so that the work- load could be lessened for the chairman. Commissioners questioned who would be responsible for signing recommended actions of the Commission and expressed various feelings of approval or disapproval of the proposal. Nothing definite, however, was concluded. Lands of Taylor, File #TM 2077-78, De -annexation: Commissioner VanTamelen reported that she and Commissioner Reeves had discussed the matter of de -annexation for a portion of the Lands of Taylor with City Manager Croweand had concluded that it was not the Town's business to pursue de -annexation. She stated that her concern was that the communities had not been working together, but apparently they had been. Commissioner VanTamalen also stated that it was a misunderstanding that she was willing to meet with Los Altos Council members on this matter. She stated that the had not proposed this. NEW BUSINESS: Chairman Stewart informed the Commission of the City Council's pre-emptinq of the regular August 23 meeting date, and it was the consensus of the Commission that the Planning Commission meet in an adjourned study session on August 16 at 7:45 P.M.. PLANNING COMMISSION MINUTES - August 9, 1978 Page seven 4W ADJOURNMENT: There being no further new or old business, the meeting was adjourned at 11:05 P.M. to the meeting of August 16. Respectfully submitted, Ethel Hopkins Secretary