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HomeMy WebLinkAbout02/13/1980 (2)AMENDED MINUTES PLANNING COMMISSION Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, February 13, 1980 Reel 83, Side 1, Tr. 2, 138 to End; Side 2, Tr. 2, 001 to 639 The meeting of the Planning Commission was called to order by Acting Chairman Dochnahl at 7:48 p.m. in the Council Chambers of the Town Hall. ROLL CALL: Present: Commissioners Carico, Lachenbruch, Stewart, Dochnahl, Kuranoff Absent: Commissioners Rydell, vanTamelen Also Present: City Engineer/Planner John Carlson, Assistant Planner Pat Webb, Secretary Pat Webb CONSENT CALENDAR The Minutes of the January 23 and Item 2.(b) were removed from the Consent Calendar for separate consideration. MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Stewart and seconded by Commissioner Carico to approve the remainder of the Consent Calendar, namely: The Minutes of the Adjourned Meeting for January 26, 1980 and the Setting of the Date of the Public Hearing for February 27 (Variance and Permit Commission) for the Lands of Clark, File #SA 6115-80. The Minutes of January 23, 1980 were amended as follows: On page five, third para- graph, the fourth line should read: "...and whether road right-of-ways should be widened to sixty feet to increase the openness of the..."; and the addition to Condition 1.B on page 5 should read: "Structures for non -human habitation will be allowed in the storm drainage easement." MOTION SECONDED AND UNANIMOUSLY APPROVED: It was moved by Commissioner Stewart and seconded by Commissioner Lachenbruch that the Minutes of January 23, 1980 (Regular Meeting) be approved as amended. Items 2.(b), (1), (2), and (3): Mr. Carlson stated that the City Attorney was reviewing the proposed ordinances and advised that the public hearings for these items be set for the meeting of March 12. MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Stewart and seconded by Commissioner Kuranoff to set the date of the public hearings for the above items for March 12. Item 2.(b), (4): Pre -zoning Public Hearing: After a brief explanation by Mr. Carlson on the meaning of a pre -zoning hearing, it was the consensus that this item be placed on the agenda for the Planning Commission meeting of February 27. COMMENTS FROM THE VARIANCE AND PERMIT COMMISSION: Commissioner Carico reviewed the reasons for the recommendation of denial without prejudice for the Lands of Morley, File #VAR. 7065-79. 4W PLANNING COMMISSION MINUTES - February 13, 1980 Page two COMMENTS FROM THE CITY COUNCIL: Commissioner Carico reviewed actions taken by the City Council at their meeting of February 6, i.e., the approval of Final Maps for the Lands of Hom and Lands of Bahr, the referral back to the Planning Commission for the Lands of Riggen, the Council's affirmation of the recommendation of denial without prejudice for the Lands of Phil - brick, and the denial of the tennis court variance for the Lands of Binder. Commissioners discussed the Lands of Riqgen at some length with Commissioner Carica relating that the Council was not happy with the grading, cut and fill, the alignment of the road, and the Council had requested that the applicant supply proof that the road is. safe. Commissioner Lachenbruch emphasized the need for a traffic safety engineer the certify the safety of the road. PUBLIC HEARINGS: 1. LANDS OF WESTWIND DEVELOPMENT, File HTM 2103-79, Page Mill and Arastradero Roads, Paul Nowack and Associates, Request for Recommendation of Approval of Negative Declaration and Tentative Map: (Continued from January 23rd meeting) Mr. Carlson discussed the field trip on January 26 where the Planning Commission met and reviewed pathway and other easements along the creek area for the Lands of Westwind Development and then discussed easements provided by the revised Tentative Map before the Commissioners. Also discussed was the location of bridges to be constructed either by the applicant or by the Town and the improvement of the pathway down to Paseo Del Roble. Thereafter, the hearing was opened to the public discussion. Al Woolworth Developer Westwind Development Company, 740 Camden Avenue, Campbell, spoke against a conservation -open space easement area alonn t e PE spoke property owners would be prevented from upgrading the area by planting trees in the conservation easement. He was not anainst the easement per se, but retaining it in a conservation easement would prevent the planting of trees and much needed upgrading in the area. He spoke for wire-type fencing in the area to protect the property owners. The public hearing was closed and a review of conditions begun. The following changes were made: Condition 1.B: PASSED BY CONSENSUS: It was moved by Commissioner Carico and the consensus of the Commission that the open space easement along Matadero Creek be called an open space -conservation easement. PASSED BY CONSENSUS: To amend Condition I.B. to read: The owner shall dedicate a storm drainage easement an open space -conservation easement to the Town along Matadero Creek as shown on the Tentative Map for English Meadows Subdivision dated "Received February 12, 1980". The owner shall also indicate a human habitation line as shown on the typical section for Matadero Creek on that same map. Condition 1.B.(a): MOTION SECONDED AND FAILED: To add as a condition for uses within the open space -conservation easement: Horses shall be excluded from the conservation easement area except for pathway use. VOTE: AYES: Commissioners Lachenbruch and Stewart; NOES: Commission- ers Carica, Dochnahl and Kuranoff; ABSTAIN: None MOTION SECONDED AND PASSED Lachenbruch and seconded by ing in uses within the open fence shall be permitted in on Lots 8 and 9 where there UNANIMOUSLY: It was moved by Commissioner Commissioner Carico to include the follow - space -conservation easement area: A wire the open apace -conservation easement area is a public pathway. PLANNING COMMISSION MINUTES - February 13, 1980 Pace three L PUBLIC HEARINGS: 1. LANDS OF WESTWIND DEVELOPMENT, File #TM 2103-79: (continued) Condition 1B.a.: MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Lachenbruch and seconded by Commissioner Kuranoff to add as Condition l.B.a.: Within the open space -conservation easement area there will Fe allowed the clearino of brush for fire hazard and the planting of trees and shrubs that will blend with the natural setting. These trees and shrubs are to be selected from a list provided by the Environmental Desion Committee. Hoofed animals will be excluded except for occasional limited grazing. A wire fence shall be permitted in the open space -conservation easement area on Lots 8 and 9 where there is a public pathway. Condition l.C.a.: MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Carico and seconded by Commissioner Stewart to approve as Condition 1.C.a. : along the northeast property line within the sanitary sewer easement required in Condition I.C. The path easement shall be for pedestrians purposes only. Condition 1.C.c.: PASSED BY CONSENSUS: To amend Condition 1.C.c. to read: c. along the east side of Matadero Creek within the open space conservation easement required in Condition 1.B and shown on the Tentative Map dated "Received February 12, 1980" for English Meadows Subdivision. Condition 4.C: PASSED BY CONSENSUS: To add as Condition 4.C.: If the well on Lot 3 `, is abandoned, it is to be capped accordina to Santa Clara Valley Water District Standards. Condition 6.A.: PASSED BY CONSENSUS: To amend Condition 6.A to read: A Type lA native path shall be installed within the pedestrian and equestrian easement on Lots 8 and 9. (Amended by PC on 2/27/80) Condition 6.B: Pedestrian and equestrian bridges shall be constructed across Matadero Creek at the south end of Lot 8 and north of the roadway bridge on Lot 9. These bridges shall be constructed at Town expense and shall be installed at the same time that the subdivision improvements are installed. Condition 6.C.: Fran Stevenson, Pathway Committee, discussed the problems attendant to having ikes and horses using the same pathway area. o6 h PASSED BY CONSENSUS: To delete Condition 6.0 because it was not relevant to the subdivision and t e area eing requested was not on the applicant's property. Condition 6.D.: Al 4loolworth, Developer, inquired as to the kind of path to be installed and stated that t ere would be no horses on the subdivision. PASSED BY CONSESNUS: To amend Condition 6.D. to read: A Type IIB path shall be installed along one side ofde ofteproposed street within the street richt-of-way. The path shall run from Arastradero Road down the leg of the cul-de-sac and shall terminate at each end of the cul-de-sac "T" Condition 7.A.: PASSED BY CONSENSUS: To delete Condition 7.A. because it was unnecessary Condition 8.A.: PASSED BY CONSENSUS: To amend Condition S.A. to read: Landscaping in the open space -conservation easement Condition l.B.a.) shall be PLANNING COMMISSION MINUTES - February 13, 1980 Page four Condition 10.A: Commissioner Lachenbruch suggested that the appli- cant might consider naming the street in honor of Mr. Molinari 4W PUBLIC HEARINGS: who lived on the property for many years and who died just this 1. LANDS OF WESTWIND DEVELOPMENT, File #TM 2103-79: (continued) month. (Amended at PC Mtg. 2/27/80) Condition 8.A: (continued) included as part of the CC&Rs for the properties along Matadero Creek, and planting shall be required as part of the Site Development of the properties. The landscaping shall be insured by a two year maintenance bond. Condition 9.B.: PASSED BY CONSENSUS: To amend Condition 9.B. by deleting the phrase "...an 8 foot bike way...fro—" m tFe condition. Condition 10.A.: No amendments were made to the condition, but the subdivider was requested to contact the Historical Society for a more suitable name that the "English Meadows" designation for the street. Condition 10.C.: PASSED BY CONSENSUS: To add as Condition 10.C.: All construction personnel shall be alerted to be on tie lookout for any suspicious material (bone, stone artifacts, shell material). If anything is uncovered, all work shall be halted in the area of the find until the Town and a qualified archeologist has had the opportunity to assess the find and arrange for its eventual preservation and/or unavoidable removal. MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Carico and seconded by Commissioner Stewart to recommend approval of the LANDS OF ENGLISH MEADOWS (formerly Lands of Westwind Development), File #TM 2103-79, with conditions as amended. 6W At 10:02 a short recess was called. The meeting resumed at 10:15 p.m. 2. RANCHO SAP! ANTONIO, Tract #6314, Recommend Amendment to Condition #18 of the Final Revised Checklist of Conditions (includes request of D.R. Lull): Mr. Carlson reviewed pertinent information on the above request, includinq the reasons for consideration of noise abatement measures for the whole subdivision, noise abatement measures proposed in his memorandum dated February 18, and proposals for additional noise abatement measures on the Lands of Semas, the adjacent property to Rancho San Antonio. Paul Nowack, Paul Nowack & Associates, 127 Second Street, Los Altos, representative for Damavandi Enterprises, deve oper of the Ranc o San ntonio Su ivision, stated that the developer wished to cooperate with revised noise abatement measures that might be proposed so long as there was no increase in the cost involved. After a brief discussion between staff and the Commissioners, the hearing was opened to the public discussion. Luis Yanez 26879 Moody Road, Los Altos Hills, owner of Lots 2 and 3, suggested that a noise barrier be built along the whole length of the subdivision where it abuts the freeway and that the cost be shared between property owners and the developer. He also asked who would water and maintain trees planted for noise abatement and what the time table would be for the planting of the trees. Donald Lull, 11623 Rebecca Lane, requested that the Commission recommend approval of the noise abatement measures included with the February 18th memo and also that if trees are planted on the Semas property that they be planted closer to the freeway side of the property rather than on the knoll area of the property. Mr. Carlson informed the Commission that he concurred with Mr. Lull's recommendation on trees planted on the Senas property, discussed how and when the additional noise PLANNING COMMISSION MINUTES - February 13, 1980 Page five v PUBLIC HEARINGS 2, RANCHO SAN ANTONIO, Tract #6314: (continued) abatement measures on the Lands of Semas could be installed. He noted that the only problem with this latter proposal was who would pay for the trees to be planted. The public hearing was closed, and the following motion passed. MOTION SECONDED AND PASSED UNANIMOUSLY: On the motion of Commissioner Lachenbruch, seconded by Commissioner Kuranoff, it was recommended that Condition #18 of the Revised Conditions for Rancho San Antonio, Tract #6314, be revised as proposed by the City Engineer in his memorandum dated February 18 with attached exhibits. This recommendation was given with the approval of the subdivider and the property owners in the subdivision. 3. LANDS OF MANUEL, File #TM 2101-79, Elena Road, Paul Nowack and Associates, Recommen- dation of Denial for Negative Declaration and Tentative Map, 5 Lots: Mr. Carlson discussed the above request as detailed in his February 8th staff report. Thereafter, Commissioners discussed with him the recommendations on requiring an EIR report, the slope density requirements for the subdivision, General Plan requirements for the area, noise problems on the proposed development and recommendations to limit development in the area as a result. Thereafter the hearing was opened to the public discussion. Jeffre Barrow, Crist and Griffiths Law Firm, Palo Alto, representative for the L.. eve opers o t e an s of anue , spoke against t e ity Engineer's recommendation �+ of denial without prejudice and against requiring either an LIR or a limitation on the amount of lots for the subdivision. Commissioner Kuranoff spoke as a representative of the Subdivision Committee, noting that the Committee felt that a five lot subdivision was too intense a development for the area and had made the suggestion that development be limited to four lots. That suggestion was ignored by the applicant. Paul Nowa ck, Paul Nowack & Associates, 127 Second Street, Los Altos, stated that the proposed su division met all t e requirements of t e ordinances of the Town, that the subdivision was good for six lots and the applicant was requesting only five. He re- quested that the Commission consider recommending a negative declaration on the Lands of Manuel and that they proceed with a review of the proposed subdivision. He noted that dropping to four lots in the subdivision would create a serious problem. Ernest Solomon, 27500 Elena Road, noted that his view would be affected by the develop- ment, questioned t e safety of the access to the development, and noted that another branch of the Monte Vista fault existing in the area had not been shown on the Tenative Map. Commissioner Lachenbruch informed Mr. Soloman that an obstruction of someone's view was not a valid reason for recommending denial of a subdivision, pointing out that Lot 1, which was adjacent to Mr. Solomon's property, did meet all Town requirements. 4 The time being 11:30 p.m. and the stated time for adjournment, it was moved by Commission er Kuranoff, seconded by Commissioner Stewart, and the consensus, that the meeting be continue until the business on the agenda be completed. Thereafter the public hearing was closed and discussion returned to the Commission. PLANNING COMMISSION MINUTES - February 13, 1980 Page six 4%W PUBLIC HEARINGS: (continued) 3. LANDS OF MANUEL, File #TM 2101-79: (continued) Commissioners discussed the disposition of the request, but before doing so requested the following information: 1. Commissioner Lachenbruch wanted a copy of the noise report for the Lands of Manuel, and that noise contours be placed on the tentative map. He requested similar information for neighboring tracts, especially noise, topographic and slope density calculations for the Delson Court and Gigli subdivisions, noting that he wished to compare this information and develop- ment along the freeway and the Lands of Manuel. 2. Commissioner Carico requested the noise contour map for the Rancho San Antonio Subdivision. 3. Commissioner Stewart also requested that noise contours be placed on the tentative map. 4. Commissioner Kuranoff requested that the outline of the conservation ease- ment be placed on the map for the Lands of Manuel, noting that this might be difficult to extract from the General Plan map and apply to this specific subdivision. MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Carico and seconded by Commissioner Stewart to continue the Lands of Manuel, File #TM 2101-79, 40 to the meeting of February 27. The applicant consented to the continuation. OLD BUSINESS: 1. LANDS OF LYNCH, File #A4438, Review of Landscape Plans for Tennis Court: As Mr. Lynch was not present for the discussion, it was the consensus that the above matter be continued to the next meeting. Before going further with other business, however, Commissioner Kuranoff noted that when the Planning Commission approved the tennis court they had requested the applicant to break up the deck area and provide some planting between the tennis court and the caboose. The Commission suggested that Mr. Lynch be contacted with this information and that he have his landscape architect present for the discussion. Commissioner Lachenbruch seconded this suggested and noted that the plan was a good one but that the wanted the area broken up with more planting if they can do it. NEW BUSINESS: 1. LANDS OF BINDER, File #VAR. 7055-79, 26250 Catherine Court, Recommendation on Violation of Site Development Chapter of the Municipal Code: Mr. Carlson discussed the Lands of Binder as noted in his memo dated February 1, recommending that Dr. Binder be fined five times the site development fee and that a misdemeanor be filed against him. He illustrated the site by showing slides of the area. He noted that site development plans and fees had been paid on February 13, the day of the Planning Commission meeting and that no previous site development review had taken place. Commissioners discussed previous tennis court proposals discussed at the time of the variance request, the elevation of the graded surface, and the time that the area was graded, i.e., after a site development permit had been obtained for a swimming pool but before Dr. Binder's variance request for a tennis court had been denied by the City Council. After defining the area on the property where the illegal grading had been done, the hearing was opened to the public discussion. PLANNING COMMISSION MINUTES - February 13, 1980 Page seven NEW BUSINESS: (continued) 1. LANDS OF BINDER, File #VAR. 7055-79: (continued) Rudy Hoffmann, Attorney, 212 Sutter Street, San Francisco, representing Dr. Binder, discussed site development of Dr. Binder's property, noting that Dr. Binder had applied that very day for a site development permit for a tennis court, noting that the area being discussed was landscaped for a play area for Dr. Binder's children and that the site development permit applied for on February 13th was to cover the area where the alleged violation of the Code had occurred. He noted that Dr. Binder had nothing to do with the earth moving, and that the grading that had been done was for the purpose of removing water and preserving the property. Dr. Binder, 26250 Catherine Court, noted that he was unaware of a violation of the Code and tat his contractor ndU not informed him of this possibility. Victor Riches, Catherine Court, spoke for Dr. Binder and noted that a water problem existed on his of and t at t e lawn area installed on Dr. Binder was to deal with the problem of standinq water and with the long delay in the consideration of his tennis court variance request. The public hearing was closed and discussion continued among Commissionerson how best to deal with the alleged violation of the Municipal Code and whether a fine should be imposed. Commissioners felt greatly handicapped without the advice of the City Attorney and therefore passed the following motion: `, MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Kuranoff and seconded by Commissioner Dochnahl that the Planning Commission had determined that a violation of the Municipal Code had occurred for the Lands of Binder, File #VAR. 7055-79. In discussion after the motion, the Commissioners asked that Commissioner Stewart as representative to the City Council meeting of February 20, inform the Council of the handicap the Planning Commission is under when the City Attorney is not present to advise them on matters of legal import. ADJOURNMENT: There being no further new or old business, the meeting was adjourned by Acting Chairman Dochnahl at 12:50 p.m. Respectfully submitted, Ethel Hopkins Secretary W