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HomeMy WebLinkAbout01/09/1980PLANNING COMMISSION Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, January 9, 1980 Reel 82, Side 2, Tr. 1, 001 to End; Reel 83, Side 1, Tr. 1, 001 to 165 Acting Chairman Dochnahl called the meeting of the Planning Commission to order in the Council Chambers of the Town Hall at 7:45 p.m. ROLL CALL: Present: Commissioners Carico, Rydell, Stewart, Dochnahl, Kuranoff Absent: Commissioners vanTamelen and Lachenbruch Also Present: City Enaineer/Planner John Carlson, Assistant Planner Pat Webb, Secretary Ethel Hopkins CONSENT CALENDAR: MOTION SECONDED AND CARRIED: It was moved by Commissioner Stewart and seconded by Commissioner Rydell that the Consent Calendar be approved, namely: 1. Minutes of the Adjourned Meetino of December 9, 1979 2. Minutes of the Regular Meeting of December 12, 1979 3. Public Hearings set for the Meeting of January 23, 1980: Variance and Permit Commission: Lands of Morley, File #VAR. 7065-79 Lands of Clifton, File #VAR. 7066-80 Planning Commission: D.R.Lull Request for Exemption from Noise Abatement Measures, Tract #6314, Unit #1, SanAntonio Rancho AYES: Commissioners Rydell, Stewart, Dochnahl, Kuranoff NOES: None ABSTAIN: Commissioner Carico (abstaining because of her absence from the above meetinas COMMENTS FROM THE CITY COUNCIL: Commissioner Dochnahl reported on the request from the City Council for guidelines on drainage control and asked that this matter be placed on the agenda as soon as possible for discussion. Commissioner Dochnahl also reported on the City Council's referral back to the Planninq Commission of the Tennis Court Policy report. Commissioner Stewart noted that he would be willing to discuss drainage at the Planning Commission level, but it was his feeling that dealinq with drainage was a staff or out- side engineering firm function. (Copies of the Minutes of the Council discussion were passed out to the Commissioners.) PUBLIC HEARINGS: 2. LANDS OF PHILBRICK, File #TM 2102-79, Westwind Way, John Riley, Engineer, Request for Recommendation of pproval of Tentative Map, 8 Lots: (This item was considered out of the order on the agenda.) Mr. Carlson discussed the resubmitted Tentative "lap by reviewing information in his January 4th staff report. tw 4W PLANNING COMMISSION MINUTES - January 9, 1980 Page two PUBLIC HEARINGS: (continued) 2. LANDS OF PHILBRICK, File #TM 2102-79: (continued) John Riley, Engineer for the A olicant, 66 Third Street, Los Altos, reviewed changes ma a 1n t e entative ap, i, t e c 4e in access to Street B, changes in lot lines, the location of the building site for Lot 3; noted the problems of excessive grading that would result from a LaPaloma access for the subdivision; and finally, discussed the location on the contour lines for Lots 1, 4 and 6. The hearing was opened for the public discussion, and speaking from the floor was Warren Thoits Attorney for the Applicant 525 University Avenue, Palo Alto, who discussed slope density requirements and changes in lot sizes in the resubmitted Tentative Map. The public hearing was closed, the conditions reviewed, and the following changes made in the conditions: Condition 10.D: At the request of the City Engineer, Condition 10.D was to be added: Building sites for Lots 5, 6 and 7 sha a ocate within the 160 foot diameter circle. Mr. Carlson stated that the intent of this condition was to retain the rural appearance of the area. Speaking against the motion was Wane Abraham 12630 Corte Madera who objected to a defined buildina site ecause any structure ui ton the proposed Lot 7 would restrictive to his view. VOTE ON THE MOTION: AYES: Commissioners Carico and Dochnahl NOES: Commissioners Rydell, Stewart, Kuranoff ABSTAIN: None The Motion to add Condition 10.D failed. Condition 8.C: MOTION SECONDED AND PASSED BY UNANIMOUS VOTE: It was moved by Commissioner Stewart and seconded by Commissioner Rydell to amend Condition 8.0 to read: Landscape screening, to be approved by the Town, shall e p ace on Lots 5, 6, and 7 to protect the off-site view from Concepcion. Condition 10.D: MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Stewart and seconded by Commissioner Rydell to add as Condition 10.D: Lot 8 shall be designated as "Not further subdividable" on the face of the Final Map. Covenants, conditions and restrictions for the sub- division shall include appropriate restriction limiting Lot 8 as a single parcel, and a separate agreement shall be recorded noting this restriction prior to the filing of the Final Map. MOTION SECONDED AND FAILED: It was moved by Commissioner Stewart and seconded by Commissioner Carico to recommend approval for the Tentative Map for the Lands of Philbrick, File #TM 2102-79, with conditions as amended. In discussion on the motion, Commissioner Kuranoff noted that as the proposed sub- division "flies in the face" of Section 9-4.604(7) Lot Size and Requirements of the Municipal Code, he could not support the approval of the tentative map since there were two of the lots in the subdivision that were substantially "less than" require- ments for slope density. Mr. Carlson added to the discussion that the imbalance in slope density that existed with the previously submitted map still existed with the re -submitted map. VOTE: AYES: Commissioners Stewart, Dochnahl; NOES: Commissioners Carico, Rydell, Sioaa*tq ABSTAIN: None /eem2w i12 -31 -IV% PLANNING COMMISSION MINUTES - January 9, 1980 Page three PUBLIC HEARINGS: (continued) 2. LANDS OF PHILBRICK, File NTM 2102-79: (continued MOTION SECONDED AND CARRIED: It was moved by Commissioner Kuranoff and seconded by Commissioner Rydell to deny without prejudice Tentative Map HTM 2102-79 for the Lands of Philbrick because the subdivision as currently submitted is too dense or too intense for the slope of the terrain; and additionally, two of the lots, Lots 1 and 2, are very steep and substandard from the slope density standpoint. These two lots are not in conformance with the intent of Section 9-4.604(7) of the Municipal Code. Speaking against the motion for denial without prejudice were John Riley Engineer for the Applicant and Warren Thoits Attorney for the Applicant. VOTE: AYES: Commissioners Carico, Rydell, Kuranoff NOES: Commissioners Stewart, Dochnahl ABSTAIN: None After the vote for denial without prejudice, Mr. Carlson noted that the applicant may resubmit the Tentative Map within a ninety day period, or he may appeal the Planning Commission's decision within ten days to the City Council. 1. LANDS OF RIGGEN, File #TM 2095-79, Moody Road at Chaparral Way, Dexter Ahlgren, Engineer, Request for Recommendation of Approval of Tentative Map, 2 Lots: Mr. Carlson discussed the revisions made on the Tentative Map as requested by the Planning Commission and as reviewed in his January 4th staff report to the Commission. He demonstrated on a Tentative Map transparency the emergency access easement to the Lands of Horton as this was not shown on the re -submitted Tentative Map. He informed the Commission of a call from Commissioner Lachenbruch expressing his concern for the safety of the driveway and asking that the applicant's engineer provide assurance that the driveway would provide a safe and adequate driveway for a two lot subdivision. Mr. Carlson discussed the virtues of t.".e alternatives oresented for the driveway access onto Chaparral, and advised that possibly the last hundred feet or so of the driveway could be roughened concrete to provide added safety for cars descending the driveway. Commissioners discussed with Mr. Carlson their concerns on the surfacing for the driveway, erosion problems in the area, the emergency access easement, and how Exhibits A and B related to the Tentative Map, and how a berm at the Chaparral end of the road would be an effective safety element. Thereafter, the hearing was opened to the public discussion. Dexter Ahlgren Engineer for the Applicant 20320 Highway 9 Boulder Creek, informed the Commission on how Exhibits A and B related to the Tentative P1ap, and requested that the Commission recommend approval of the Tentative Map. Fran Stevenson, Pathway Committee, discussed pathway requirements in order to meander around trees on the Lands of Ria_gen and how the pathway would connect to the one hundred foot wide pathway area required on the Lands of Horton. Further discussion on the driveway alternatives presented occurred with Commissioner Rydell noted that he too, along with Commissioner Lachenbruch, had concern on the safety of the driveway. Mr. Carlson responded to this request by noting that the two alternatie! presented explored what is reasonable for the existing driveway, and that any further recommendations would change the driveway drastically, that the Town had approved this driveway in the past for one lot, and the Commission's task was to determine whether the road is safe for one more lot. He noted again his reasons for selecting the straight L kw PLANNING COMMISSION MINUTES - January 9, 1980 Paae four PUBLIC HEARINGS: (continued) 1. LANDS OF RIGGEN, File #TM 2095-79: (continued) line approach, and noted that it was the task of the applicant's engineer to assure the Town of the safety of the road. Commissioners continued with a short discussion on the alternatives available to them on the roadway. commissioner Stewart summed up the discussion, however, by noting that the driveway had been built, but not according to the plan approved by the City Council. It was for the Plannina Commission to decide whether to leave the driveway as it existed, or to approve the subdivision for two lots and have an improved driveway with a safer condition on the road. Thereafter, the public hearina was closed, the conditions reviewed. and the followina changes made: Condition 1.A.2.: PASSED BY CONSENSUS: To amend Condition 7.A.2. to read: A one hun- dred foot (1001) easement haparral Way along the northeast boundary at approxiryately that 535 foot contour line. This easement shall not be used until a trail to prevent erosion is engineered and installed by the Town. /A.3/8° )0Cht,?, J Condition 1.B: PASSED BY CONSENSUS: To amend the Condition 1.B to read: The owner shall dedicate conservation easements as shown on the Tentative Map dated "Revised January 1, 1980". (All other items in Condition 1.3 were deleted.) Condition 1.C.: PASSED BY CONSENSUS: To add as Condition 1.0 the following: The owner shall dedicate an emergency access easement fifteen feet in width (15') over Lot 1 from the common driveway access easement at Lot 2ttoethe northeasterly property line of Lot 1 to the most northerly property rp y corner of Lot I. Condition 8.C: PASSED BY CONSENSUS: To add as Condition B.C. the followina: The drive- way shall be concrete. Condition 8.D: PASSED BY CONSENSUS: On the motion of Commissioner Dochnahl the following was added as Condition 8.D: The driveway shall be improved as provided by Exhibit A, Alternate II, with the barrier installed across Chaparral Way as indicated in Section B of that exhibit. Condition 8.E: PASSED BY CONSENSUS: It was moved by Commissioner Stewart to add as Condition 8.E: A four foot (4') berm shall be installed at Chaparral Way from the westerly side of the driveway to the property line. The design of this berm will be reviewed at the time that slope planting and land- scaping plans are reviewed by the Planning Commission. MOTION SECONDED AND PASSED BY UNANIMOUS ROLL CALL VOTE: It was moved by Commissioner Carico and seconded by Commissioner Stewart to recommend approval of the Lands of Riggen, File #TM 2095-79, with conditions as amended. A short recess was called at 9:55 p.m.; the meeting resumed at 10:05 p.m. 3. LANDS OF CLOSS, File #SA 6101-77 and #SA 6102-77, Ravensbury Avenue, Paul Nowack and Associates, Engineers, Request for Recommendation of Approval of Site Approval for Two Lots: Mr. Carlson reviewed the background of the above requests, noting that with the present application the applicant is dedicating one of the lots to open space and combining two lots into one. The request is for site approval for two lots. PLANNING COMMISSION MINUTES - January 9, 1980 Page five PUBLIC HEARINGS: (continued) 3. LANDS OF CLOSS, File #SA 6101-77 and #SA 6102-77: (continued) Paul Nowack, Engineer for the A licant, 127 State Street, Los Altos, discussed the past istory of t e subdivision and noted t at t e app scant wise to re-enstate site approval. She did not wish to sell the lots or develop them at this time. He reviewed the reasons for the dedication of open space and expressed concern that the road not be improved and that Geological or soils reports be delayed until the time of site develop- ment. He inquired as to the location of the proposed pathway. The public hearing was opened and closed with no one speaking on the request. There- after, the conditions were reviewed and the following changes made: Condition 1.A: PASSED BY CONSENSUS: To add to the end of the condition the following: 'dated Revised November 13, 1978.' Commissioner Stewart stated that he wanted to assure that the Town not by charged with the cost of improving the road on the property when it is improved, since the road would not be required to be improved with the present application. Condition 2.A: PASSED BY CONSENSUS: To amend Condition 2.A by deleting "Site Approval" at the end of the first sentence and adding instead 'Site Development'. Condition 2.B: PASSED BY CONSENSUS: To amend Condition 2.A by deleting the phrase ..the City Clerk shall deny the Final Site Approval."... and adding instead '...Site Development shall be be denied.' The remainder of the C condition shall be stricken. Condition 5.B: PASSED BY CONSENSUS: To add to end of Condition 5.B the following: ...prior to Site Development issuance of a building permit.' Condition 6.A: Fran Stevenson Pathway Committee, requested that the condition be changed To an easement since the road would remain for the present a dirt road. She suggested also that the location of the pathway should be negotiated with the Mid -Peninsula Park District. PASSED BY CONSENSUS: To delete Condition 6.A and to add instead: A path easement shall be required within the sixty foot right-of-way. Condition 7.A: PASSED BY CONSENSUS: To delete Condition 7.A and add instead: To preserv( the rural environment, the road within the sixty foot right-of-way shall be left in its present condition. Therefore, a conditional exception to Section 9-4.1111(a) of the Municipal Code is recommended. Paul Nowack, Engineer, requested that the files be researched on the su division creating these parcels to see if funds were available for road improvements, and requested that the road -in -lieu fees be waived. Commissioner Stewart noted that Road -in -lieu fees be waived because they had been paid at the time of tract development. Commissioner Kuranof noted that in light of the dedication of land, Path -in -lieu fees should be waived. Commissioners requested Mr. Carlson to research the tract [ files to see of the charging of Storm Drainage and Parks and Recreation in -lieu fees were appropriate, but no changes were made in the fees charged as recommended in the staff report. Condition 8.B: PASSED BY CONSENSUS: To add as Condition 8.B: A parcel map shall be filed to eliminate the lot line between Lots APN 351-08-021 and 351-08-022 PLANNING COMMISSION MINUTES - January 9, 1980 Page six PUBLIC HEARINGS: (continued) 3. LANDS OF CLOSS, File #SA 6101-77 and #SA 6102-77: (continued) MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Kuranoff and seconded by Commissioner Stewart to recommend approval of the Lands of Closs, File #SA 6101-77 and #SA 6102-77 with conditions as amended. Conditions on Lands of Closs, File #SA 6102-77 were amended as Lands of Closs, File #SA 6101-77, with the exception of Condition B.B which was amended to read: A parcel map shall be filed to dedicate road richt-of-way and easements. MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Stewart and seconded by Commissioner Rydell to recommend approval of Lands of Closs, File #SA 6102-77, with conditions as amended. 4. 12900 ATHERTON COURT LOT #2, TRACT #5624, FENSOM SUBDIVISION), Paul Nowack and ssociates, Request for Recommendation of Approval of A andonment of Conseravation Easement: Mr. Carlson discussed the request, noting that until storm drainage improvements were installed the lot had a creek running through it. When the storm drainage improvements were installed, there was no further need to have the land in this type of easement. Ken Pastrof, Paul Nowack and Associates, 127 Second Street, Los Altos, reviewed the reasons for the request for a andonment of the conservation easement area. Instead, he proposed that the area be placed in a storm drainage easement and that a portion of the area still remain in a conservation easement. He noted that the area being abandoned could not be used for a tennis court area because it was area set aside for expansion of septic drainfield, and impervious surfaces cannot be placed on drainfield areas. The City Engineer added that tennis courts could not be built on storm drainage easements either. MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Carico and seconded by Commissioner Kuranoff to recommend the granting of the request for the modification of the conservation easement area and the granting of a storm drainage easement, as shown on the Grading and Drainage Plan for Lot 2, Tract #5624, Femsom Subdivision, dated June 28, 1979. 5. LANDS OF WESTWIND DEVELOPMENT, File #TM 2103-79, Page Mill and Arastradero Roads, Paul Nowack and ssocia tes, Request for Recommendation of Approval of Negative Declaration and Tentative Map, 10 Lots: Mr. Carlson discussed the request and recommended that the Negative Declaration be considered. Commissioner Dochnahl opened the hearing for the discussion, and then noted that he had been informed by the former Town Historian, Florence Fava, that the Matadero Creek area had been an old Indian hunting and fishing grounds. He recommended that an archeo- logical investigation be performed to determine whether important artifacts might be buried on the property. A motion to this effect, made by Commissioner Stewart, died for lack of a second. However, it was the opinion of the City Engineer that an archeo- logical report should be required, since it was a legitimate area for concern in recommen- ding the Negative Declaration. Al Woolworth Woolworth Construction 740 Camden Avenue, Campbell, Developer, responded to questions on the Negative Declaration and ten agrees w PbOVI vhe „�,..,eological information requested. FW PLANNING COMMISSION MINUTES - January 9, 1980 Paae seven PUBLIC HEARINGS: (continued) 5. LANDS OF WESTWIND DEVELOPMENT, File #TM 2103-79: (continued) Lands of Westwind Development, File #TM 2103-79, was continued until the archeological information would be available. 6. LANDS OF MANUEL, File #TM 2101-79, Elena Road, Paul Nowack and Associates, Engineers, Request for Recommendation of Approval of Negative Declaration and Tentative Map: (This matter was continued at the request of the Applicant's Engineer because maps were not sufficiently revised.) OLD BUSINESS: 1. Tennis Court Policy Review Committee Report: Commissioner Rydell discussed his understanding that as of November 14 and December 12, the Plannino Commission had reviewed and given the go-ahead on the report to the City Council on Tennis Court Policy. However, in linht of City Council rejection of this report at their last meeting, he asked for Planning Commission guidance on the report. Commissioner Dochnahl noted that the Council had wanted more specific recommendations than they nad received. Thereafter, Commissioners discussed the report. Commissioner Kuranoff stated he felt the report could be more specific. Commissioner Carico stated that she was concerned on Item B.2 of the report on the variance process being used over and over again for the granting of tennis court variances. Commissioner Dochnahl noted on Item B.2 that rather than a variance, he felt that what was being suggested was that the rules for the granting tennis court permits should be liberalized some- what. (&42 ,L IA3110/'_ r,,,� Discussion was concluded, and i agreed that they would send the report to the City Council again, with a cover letter asking that the City Council give direction to the Commission on what avenue they wished them to follow, whether it be a policy statement or a new ordinance. A MOTION to send the Tennis Court Policy Review Committee Report to the City Council with a cover letter asking for furth-�r direction from them was proposed by Commission- er Stewart and seconded by Cormissioner Kuranoff. All present voted infavorof the motion. 2. �Drainage: Commissioner Carico ae oa--bath-H�le mN-Adobe-f' v n naa�akeas Shp ask dru r M,�arr-pre�.ide-- wh&taver--i-oferma-tienr+,e-itad-en-these;-.are-_a h=.. *h-="-te�o€-6ra�rtacte-is-dk;sussed by-She_Planning--Gemmiss-imr: O:�ri.F p}<c� oma/ te.4 c�-so%Ci�.,l ehrvrice .cam a-G�LZea¢✓,..)G'. /�jb.Faff(e.✓ NEW BUSSIIN' S ��sa-.la�.cw G1�-7u�✓ (�� '/ss/a PO yky-J 1. LANDS "LYNCH, File #A 443II, 25701 Lomita Linda, Request for Reconsideration of Reue qst to Build a Tennis Court: PASSED BY CONSENSUS: To reconsider the request of Thomas A. Lynch for a Permit to build a tennis (this request having been denied without prejudice at a previous meeting). The matter would be placed on the agenda for the meeting of January 23. ADOURNMENT: There being no further new or old business, the meeting of the Planning Commission was adjourned on the motion of Commissioner Stewart, seconded by Commissioner Kuranoff. Adjournment was at 11:40 p.m. Respectfully submitted, Ethel Hopkins Secretary