HomeMy WebLinkAbout07/09/1980 (2)PLANNING COMMISSION
t Town of Los Altos Hills
4r 26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, July 9, 1980
Reel 87, Side 1, Tr. 2, 615 to End; Side 2, Tr. 2, 001 to 553
The meeting of the Planning Commission was called to order by Chairman vanTamelen
in the Council Chambers of the Town Hall at 7:50 p.m.
ROLL CALL:
Present: Commissioners Lachenbruch, Rydell, Stewart, Dochnahl, Kuranoff and vanTamelen
Absent: Commissioner Carico
Also Present: City Manager Robert Crowe, Assistant Planner Pat Webb, Secretary
Ethel Hopkins
CONSENT CALENDAR:
Item No.l, the Minutes of June 25, were removed from the Consent Calendar for separate
consideration.
The remaining items on the consent calendar were approved on the motion of Commission-
er Stewart, seconded by Commissioner Kuranoff, namely, settinq of dates for public
hearings for the Planning Commission's meeting of July 25: Lands of Berry Hill Farms,
File #CU 8028-77 and Lands of Fremont Hills Country Club, File #CU 8010-76. Chairman
vanTamelen declared the Consent Calendar items approved as moved and seconded.
The Minutes of June 25 were amended as follows:
1) Commissioner Stewart requested that his name be added to those Commissioners
with excused absences listed under "Absent".
2) Commissioner Kuranoff requested that the last line of paragraph three of the
Lands of Commara, page three, be amended to read: "...screening proposed
would be adequate." He also requested that the last words of paragraph
two on page five under the Lands of Huth, (last line) be changed from
"bicycle wing." to '...bicycle lane.'
3) Commissioner Lachenbruch asked that Peter Wright Shaw's remarks be added
to with the additional comment (not recorded in the Minutes) at the
end of paragraph two under Lands of Commara. Add to the end of Mr. Shaw's
remarks "...and that it was qood for the Town because it would increase
the property values." The fourth paragraph, fifth sentence was to be amended
by deleting everything after "...be encouraged..." and addinq instead the
following: ..and that for developments such as the present request, at
least two acres would be required.' Lastly, heasked that the word '.'..travelled..
be chanced to '...separated..' in line two of the second paragraph on page five.
4) One last correction, on page six, parenthetical remarks under the second
motion "Passed by Consensus" should be amended to read: '(Add the impervious
limitation items listed under Condition 10.E...(the rest remains as written.))'
(Secretary's correction)
It was moved by Commissioner Stewart and seconded by Commissioner Dochnahl that the
Minutes of June 25 be approved as amended. Chairman vanTamelen declared the Minutes
approved.
PLANNING COMMISSION MINUTES - July 9, 1980
Page two
AW REPORT FROM THE VARIANCE AND PERMIT COMMISSION: Commissioner Rydell reported on the
recommendation app
of roval given for t e Lands of Smith, File #VAR. 5-80.
REPORT FROM THE CITY COUNCIL MEETING OF JULY 2: Chairman vanTamelen gave a report on
the July meeting of t e City Council. Items reviewed were reappointment of herself
and Commissioner Dochnahl for another four year term on the Commission, that the
Tennis Court Policy Statement would be drafted in resolution form, the report given
by Commissioner Stewart on the Palo Alto Planning Commission meeting, and the denial of
Negative Declarations for the Lands of Riggen and the Lands of Burdick.
PUBLIC HEARINGS:
1. LANDS OF AVILA, File #TM 2-80, 27881 Elena Road, Paul Nowack and Associates, Inc.,
Request for Recommendation of Approval of Negative Declaration and Tentative Map,
5 Lots:
Mr. Crowe recommended consideration of the Negative Declaration for the above request.
Thereafter the hearing was opened to the public discussion.
John Lynch Paul Nowack & Associates Engineers for the Applicants, discussed the
revised map dated "Revised July 3, 1980 .
MOTION SECONDED AND CARRIED: It was moved
Commissioner Rydell to recommend approval
of Avila, File #TM 2-80.
16 AYES: Commissioners Lachenbruch, Rydell,
NOES: Commissioner vanTamelen
ABSTAIN: None
by Commissioner Kuranoff and seconded by
of the Negative Declaration for the Lands
Stewart, Dochnahl and Kuranoff
City Manager Robert Crowe Thereafter reviewed
the
hearing was opened to detailed
discussion staff
the report
dated June 20, 1980. 9 P
public.
Don Avila, Applicant, responded to questions from Chairman vanTamelen on the location
of existing structures on the property, noting that all of these structures pre -dated
the Town's incorporation; stated that he had no further plans to resubdivide Lot 4;
and finally, in discussion on pathways, requested that Condition 1.B be amended by
reducing the path easement to fifteen feet and noted that he would try to pet adjacent
property owners Patnaude and Kinkead to dedicate a pathway area on their properties.
At any rate, Mr. Avila felt that a fifteen foot easement would be adequate for a path
in this area. He also noted the problems of steepness, dense landscaping, and near-
ness to the residence on Lot 4 for the path easement requested along the lot line
of Lot 4 adjacent to the Lands of Crist.
John L nch, Paul Nowack & Associates, 127 Second Street, Los Altos, discussed the
applicant's desire to keeD Lot 1 as the largest lot on the subdivision, slope density
and lot yield, and discussed with Commissioner Stewart how the line of the slope
easement on Lot 5 should be extended into Lot 3 to take care of the erosion area.
Commissioners discussed with the applicant, his Engineer, and the City Manager the
following matters: the possibility of reducing the size of Lot 4 so that it is
4�w no longer subdividable, drainage improvements in the subdivision, drainage improve-
ments on Lots 2 and 3, the Public Works Committee's recommendations on grading to
correct slippage, the slope easement on on Lot 5, path requirements extending to the
Lands of Brown, and the path and road alignment along Elena Road where a section of
Town -owned property is to be abandoned. Commissioner Lachenbruch commended the sub-
divider on the quality of the subdivision design.
PLANNING COMMISSION MINUTES - July 9, 1980
Page three
PUBLIC HEARINGS: (continued)
1. LANDS OF AVILA, File NTM 2-80: (continued)
A considerable amount of time was spent discussing pathways.
Fran Stevenson Pathway Committee, discussed pathway requests, noting that the
Pathway Committee would agree to the July 7th staff recommendation on a pathway
along Elena Road and through the Lands of Avila to the Lands of Brown, but also
spoke for a path to continue between the Lands of Brown and Lands of Avila out to
Elena Road. She spoke for the path easement on Lot 4 adjacent to the Lands of
Crist as a provision for the future of a pathway in the area when the Lands of
Brown and Kinkead come in for subdivision.
The public hearing was closed and a review of the conditions begun, with the following
changes being made:
Condition 1.B: MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner
Stewart and seconded by Commissioner Kuranoff that Condition l.B. be
amended to read: A fifteen foot (15') equestrian, pedestrian and
bicycle path easement shall be dedicated as shown on the Tentative
Map. (Amended 8/1"/80)
Mrs. Stutz Pathway Committee, spoke in favor of deleting some portion
of the path easement required in Condition 1.B, and in favor of obtaining
t a twenty foot easement from the Lands of Kinkead.
4r Commissioner Kuranoff, at this point in the meeting, reiterated his
convictions that the Planning Commission was spending too much time
planning pathways rather than planning for the development of the Town.
Pathways should be decided at the staff and Committee level, before the
matter is presented to the Planning Commission.
MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner
Lachenbruch and seconded by Commissioner Stewart to further amend
Condition 1.B with the addition of the following sentence: A portion
or all of this easement may be abandoned if and when an adequate right-
of-way to accommodate pedestrians.,equestrians and bicycles is obtained
from adjacent landowners.
Condition 1.C: PASSED BY CONSENSUS: It was moved by Commissioner Dochnahl and seconded
Dy Commissioner Lachenbruch to add as Condition 1.C: A ten foot (10')
pathway easement along the westerly lot line of Lot 5.
Condition 1.D: It was moved by Commissioner Stewart and seconded by Commissioner Kuranoff
to add as Condition 1.D: There shall be a twenty foot (20') slope ease-
ment, as shown on the Tentative Map, beginning on Lot 5 and going over
Lot 3 to the intersections of the lines of North 210 35' East and 410
West on the Tentative Map.
Condition 4.C: No change in this condition except to correct a typographical error
to make the condition read sensibly: strike "...the drainfield shall
be proposed lot line..."
Condition 5: Amendment to make the condition apply to all residences, should read:
"Proposed residences..."
PLANNING COMMISSION MINUTES - July 9, 1980
Page four
PUBLIC HEARINGS: (continued)
1. LANDS OF AVILA, File #TM 2-80: (continued)
Condition 6.B: MOTION SECONDED AND FAILED: It was moved by Commissioner Kuranoff
No condition and seconded by Commissioner Stewart to add as Condition 6.B: The
added) frontage along the westerly lot line of Lot 5 shall be excepted
from the pathway construction requirement.
AYES: Commissioners Lachenbruch, Stewart and Kuranoff
NOES: Commissioners vanTamelen, Rydell and Dochnahl
ABSTAIN: None
Condition 7.A: PASSED BY CONSENSUS: It was moved by Commissioner Lachenbruch to
amend Conditions 7.A. and 7.6 by combining them into a single con-
dition to read as follows: All fencing within setback lines alona road
right-of-ways shall be no hiaher than five feet (5') and shall contain
no more than 450 of opaque material. (Amended 8/13/80)
Condition 8.A: Amend the staff report to refer to residences from "Elena Road"
rather than Burke Road.
Condition 9.B: MOTION SECONDED AND CARRIED: It was moved by Commissioner Lachenbruch
and seconded by Commissioner Rydell to add as Condition 9.B the follow-
ing: Lot 4 shall be reduced to a slope density yield of not greater than
1.95 units by adjustment of the boundary lines between Lots 3 and 5.
AYES: Commissioners Lachenbruch, Rydell, Dochnahl, Kuranoff, vanTamelen
NOES: Commissioner Stewart
ABSTAIN: None
MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Lachenbruch and
seconded by Commissioner Dochnahl to recommend approval of the Lands of Avila, File
#TM 2-80, with conditions as amended.
2. LANDSOF AVILA, File #CU 2-80, 27881 Elena Road, Paul Nowack & Associates,
Request for Recommendation of Approval of Conditional Use Permit that Accompanies
Tentative Map
Mr. Crowe discussed the above request with reference to the City Engineer's staff
report, noting that the buildings on Lot 4 would be combined into a single dwelling.
The Use Permit under consideration referredto buildings on Lot 5. In response to
Commissioner Lachenbruch's question on when the buildings on Lot 4 would be combined,
he affirmed that this must take place before the subdivision is completed.
After a brief discussion regarding when buildings were constructed (before the Town's
incorporation), and ways that the conditional use might be inspected for conformance
to conditions, the following motions were passed:
MOTION SECONDED AND CARRIED: It was moved by Commissioner Rydell and seconded by
Commissioner Lachenbruch to add as Condition 5: The compliance with the terms of
this Use Permit shall be checked by Town Staff one year from the date of issuance.
The time for the inspection shall be at the discretion of the Staff, but shall be
not later than eighteen months after the issuance of the Use Permit.
AYES: Commissioners vanTamelen, Lachenbruch, Rydell, Stewart, Kuranoff
NOES: Commissioner Dochnahl
ABSTAIN: None
PLANNING COMMISSION MINUTES - July 9, 1980
Page five
PUBLIC HEARINGS: (continued)
2. LANDS OF AVILA, File #CU 2-80: (continued)
MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Stewart and
seconded by Commissioner Dochnahl to recommend approval fo the Lands of Avila, File
#CU 2-80, with conditions as amended.
At 10:05 a short break was taken, the meeting resuming at 10:17 p.m.
3. LANDS OF ZATKOVICH/WALKER, File #A 4742, 12410 Hilltop Drive, Dirk Design and
Construction Co., Request for Site Development Approval of Handball Court
Commissioner Dochnahl reported while the Site Development Committee had been informed
of the objections of numerous persons, no one had wanted to be identified. On that
basis, he had recommended that the matter be referred to the full Planning Commission.
Mr. Crowe noted that the request had not violated any of the Town regulations re-
garding height,etc.
The hearing was opened to the public discussion,with the following people speaking:
Glen Dirks Dirk, Design and Construction 10850 West Loyola Drive, Los Altos,
reiterated that there was no violation of Town ordinances with the proposed design,
t discussed the design of the addition combined with the handball court into a single
\r building, square footage and impermeable surface to be added to the property, and
requested approval of the request.
Lou Wilk 12440 '11"2Drive, spoke against the proposal, noting that a proliferation
of suc structures would indicate a decline in the values which underlie the Town's
philosophy of keeping the environment unspoiled. He suggested that the Town should
establish a minimum acreage for the addition of sport or handball courts.
Carol Gottlieb, 24290 Summerhill Avenue, spoke against the request as it would detract
from t e rural environment on Hilltop Drive and would obstruct the view of the hills.
Gar Zatkovich, A licant, noted that there was no violation of Town ordinances with
is request, teat neighbors who objected to the proposal should review the plans first.
He requested that the Commission grant approval of the request.
The public hearing was closed and Commissioners discussed the proposal.Commissioner
Lachenbruch expressed concern on the bulk of the building, notingi
. that t would be pro-
hibited by the (See below)" Commissioner Stewart noted that the applicant had
a property right and was abiding by the ordinances. Commissioner Kuranoff made com-
parisons of the Hilltop Drive area and adjacent developments such as Barley Hill Road
and Rossi Subdivision, and noted the need to be consistent with the application of the
ordinances. Commissioner vanTamelen noted that people who were concerned about the
development should make their feelings re the height of the structure and the amount
of impermeable surface known at the time the proposed ordinance limiting these matters
is heard at the City Council level. "impending heioht limitation ordinance. He noted
also the need for landscaping to screen the structure. (Amended by PC 8/13/80)
MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Lachenbruch and
seconded by Commissioner Kuranoff to approve the site development request for File
#A 4742, with the landscaping plan being reviewed again by the Site Development
Committee after the building has been completed.
PLANNING COMMISSION MINUTES - Duly 9, 1980
t Page six
` PUBLIC HEARINGS: (continued)
4. LANDS OF BELLUCCI, File #TM 2104-79, 26220 Moody Road, Paul Nowack and Associates,
Inc., Engineers, Request for Recommendation of Approval of Negative Declaration
and Tentative Map, 4 Lots:
Mr. Crowe reviewed background on the above request, noting that the Tentative Map
had been filed, and then placed in abeyance because the Town was considering
a purchase of the property. While negotiations were still going on, the applicant had
decided to reactivate his subdivision request. Mr. Crowe recommended the Commission
consider the Negative Declaration, noted that there were no mitigation measures pro-
posed, and recommended the Declaration be approved.
The public hearing was opened, and speaking for the approval of the Negative Declara-
tion was Paul Nowack Engineer for the Applicant. He noted that since no changes
were being made to the property except a division of the land into separate parcels,
there was no environmental impact to consider. The public hearing was closed.
MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Stewart and
seconded by Commissioner Rydell to recommend approval of the Negative Declaration
for the Lands of Bellucci, File #TM 2104-79.
Mr. Crowe discussed the subdivision request, noting that there was a problem with
compliance with slope density requirements and Lot 2. He noted that since the original
application had been filed, Ordinance 259 had been passed, and that the City Attorney
would have to make a decision on whether Ordinance 259 should be applied in this in-
stance. He recommended that the matter be continued until the necessary opinion was
obtained from the City Attorney or decide from information presented in the hearing
whether to recommend an exemption from the application of that ordinance.
Paul Nowack, Ee Applicant, recommended an exception to the ordinance
for Lot istninor othe
property is not a new house and the property was flat.
Commissioner Stewart asked about the open space dedication on the property and Mr. Crowe
noted that while the area above the 600 foot contour level is designated by the General
Plan as open space, he was not sure that the Town had ever received a dedication of
open space from the property owner. Commissioner Stewart spoke for an exception to
the ordinances in light of the amount of open space being donated to the Town. (Amended
8/13/80)
David Bellucci, Applicant, spoke for approval of the request and against the applica-
tion of present ordinances in this instance.
Commissioner vanTamelen wanted to see Mr. Cotton's statement regarding the four lot
subdivision, as his report dealt with Exhibit B and the ultimate development.
Paul Nowack noted his general agreement with the recommendations of the staff report
but a— sFed that Condition 1.B be delayed until the other road comes into the property,
and that Condition I.F. also be delayed until the property comes in for further
development.
(. PASSED BY CONSENSUS: It was moved by Commissioner Stewart and seconded by Commissioner
Rydell that the Lands of Bellucci, File #TM 2104-79, be continued until the next meeting
so that the following information can be available:
1.A legal opinion from the City Attorney on whether Ordinance 259 is applicable
to this subdivision,
PLANNING COMMISSION MINUTES - July 9, 1980
Page seven
4 PUBLIC HEARINGS: (continued)
4. LANDS OF BELLUCCI, File #TM 2104-79: (continued)
2. A legal opinion on the status of Parcel 4;
3. Confirmation from Mr. Cotton on whether he had reviewed the four lot sub-
division, and
4. A copy of the EIR for Adobe Creek Lodge made available for the Commission.
Lands of Bellucci was continued to July 23 and was to be the first item of business
on the agenda for that meeting.
NEW BUSINESS:
1. Commissioner van Tamelen designated Commissioner Rydell as Chairman for the
Planning Commission meeting for July 23, as both she and Acting Chairman Kuranoff
would be absent from the meeting.
OLD BUSINESS:
1. Proposed Fence Ordinance: This item was deferred to the meeting of July 23.
2. Discussion on Joint Meeting with Palo Alto Planning Commission: Commissioners
40 discussed recent happenings on rezoning hearings for the Arastradero Road area
but decided to wait before scheduling a joint meeting with the City of Palo Alto
until the mayors of Palo Alto and the Town had met and discussed the issues.
3. Lands of R1,,en Site Develo ment Violation Review: Commissioner vanTamelen re-
quested t at a c ec a made with
t e City Attorney on whether the Planning
Commission was still to review the above issue and make a decision on it for the
City Council,
4. Liohting Ordinance: Commissioners Kurano€f and Lachenbruch were to meet with the
City Engineer to discuss incorporating revisions into a proposal for a lighting
ordinance. This ordinance proposal was to be ready for discussion at the next
meeting.
NEW BUSINESS: (continued)
2. Proposed Ordinance on Architectural Review Board: Commissioner vanTamelen ack-
nowledged receipt of an ordinance proposal from Mr. Paul Reneau. She requested
staff to review the proposal and report back to the Planning Commission on it
at the first m00et'n9 t Pat Webb was instructed to contact Mr. Reneau
and find out the bVkgroung of his proposal.
Commissioner Lachenbruch asked to be informed on what Mr. Reneau's sources were
and how he put the ordinance proposal together.
ADJOURNMENT:
There being no further new or old business, the meeting of the Planning Commission
was adjourned at 12:00 p.m. by Chairman vanTamelen.
Respectfully submitted,
Ethel Hopkins
Secretary