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HomeMy WebLinkAbout10/24/1984-kw TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Cr MINCPIES OF A REGULAR MEETING Wednesday, October 24, 1984 Reel 112, Side II, Tract I, 240 -End; Side I, Tract II, 000 -End Chairman Kuranoff called the meeting to order at 7:30 p.m. in the Town Hall Council Chambers. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Co missioners Gottlieb, Siegel, Struthers, Yanez and Chairman Kuranoff Absent: Co¢nissioners Carico and Lachenbruch Staff: City Manager George Scarborough; City Engineer Michael Enright; Staff Planner Nancy Lytle; Secretary Leslie Millin B. CONSENT CALENDAR: Item Removed - B.1. Rif Reiser Mr. Reiser questioned the minutes of October 2, 1984 Site Development and October 10, 1984 Commission minutes, questioning what types of development are intended to go to the full Commission? It was explained to Mr. Reiser that at the October 2, site development meting the cmmissioners made a too motion that all development proposals in the MdCP Study Area be forwarded for review by the entire CYmmussion rather than site development cert ttee, noting the Commission at their October 10, 1984 concurred with this request. On Page 2, Item C, October 2, 1984 site development minutes be amended to include "site" after future, for clarification. Mr. Reiser was concerned over the amount of time to process his site developnent application, noting the subdivision time period is about to expire, asking commission to act quickly on his application. Mr. Reiser was informed the public hearing for his site developrent application is scheduled for the full commission review on November 14, 1984. Chairman Kuranoff questioned if an extension could be granted if in case this item did go over the titre limit? Mr. Enright noted staff would need to check with the City Attorney on time extensions, noting however, if Commission approves on the 14th this would not be necessary. M7PION SECCBDED AND CARRIED: Moved by Gottlieb, seconded by Yanez and passed unan;m usly to approve minutes of October 2, 1984 Site Development as amended. MOTION SECONDED AND CARRIED: Moved by Yanez, seconded by Struthers and passed unanim usly to approve the remo nder of the Consent Calendar, specifically: Setting Public Hearings for November 14, 1984: Lands of Calvo, Lands of Reiser and Lands of Lewis. C. REPORT FRCM CITY COUNCIL MEETING OF OCTOBER 17, 1984: Commissioner Siegel reported the City Council on a 3 to 1 vote approved a new variance request for the Barbour pool equipment location; adopted the lot line adjustment refinement; included the Neary quarry into the Town's Urban Service Area; and continued the encroachment request by Horton's for pillars within road right-of-way, for additional information. Planning Co anission Minutes - October 24, 1984 Page Two D. PUBLIC HEARINGS: 1. LANDS OF PRMLK OD PRIVATE SCHOOL, FILE #CUP 8014-76, 26800 Fremont Road, Annual Review of Conditional Use Permit (continued from October 10, 1984) Ms. Lytle referred to her staff report of October 19, 1984, noting the item was cmtinued so that staff could provide the commission with: 1) City Attorney's recomiendation on the enforcement of Condition #8; 2) letter from Palo Alto Unified School District acknowledging the consistency of the proposed plans with the terms of the lease; 3) check for conformance of new construction to required setbacks; and 4) recamrnd a solution for concerns over public use of the school site, particularly with regard to Town 's pathway system. Ms. Lytle indicated the City Attorney recon ended that Condition #8 is outdated and should be revised. With regard to the building construction, the penmit'shows the fence to be located 17'x' within the property lire, and the classrooms 30'. Ms. Lytle informed cammission the pathway cammittee has requested a new pathway linkage be requested in the location identifed on Exhibit "A" to the staff report. Staff recomended approval of the Conditional Use Permit annual review with amendments to Conditions 7, 8 and 11, as in Staff Report dated October 19, 1964. The Public Hearing was then opened. Mr. Riches, Pinewood School, informed coamission as this property is private property we feel it necessary to lock gates when there is no one there to supervise as we are liable. With regard the new proposed location of the pathway, Mr. Riches indicated it was illogical, noting he would be happy kW to trim trees along the existing pathway for more improved use. Mrs. Riches, informed commission the vandalism has decreased by 608 since they have locked the gates. Mr. Lyn Riches, Headmaster, expressed concern over creating a new pathway when there is one already in existence all around the property. Mrs. Mary Stutz, Chairman Pathway Crn ttee, gave comnission a brief background on the pathway system in this area, indicating this new linkage would not be a hindrance to the school property in the proposed area. The Public Hearing was then closed. CamAssioners discussed the need for this type of facility to be open to the public as there are very few school yards and playgrounds in the area for public use; noting the conditional use permit was issued originally with this in mind. With regard to the locking of the pedestrian gates, there was discussion that time limits be set on when the gates are opened and closed. Passed by consensus to amend Condition #7 as follows: This Use Permit shall be reviewed annually in June, to insure compliance with the above conditions, and all conditions shall be subject to amendment and/or additional conditions deemed necessary by the Planning c=ission. This review shall be conducted at a duly noticed Public Hearing. Passed by consensus to amend Condition #8 as follows: The school grounds shall remain open to the general public during daylight hours, with all surrounding pedestrian gates remaining unlocked. The pedestrian gates will be open when vehicular gates are opened in the morning. Planning Camiission Minutes - October 24, 1984 Page Three D. PUBLIC HFARINGS:(continued) cr 1. Lands of Pinewood School Passed by consensus to add new Condition #13 as follows: A Landscape Plan referenced to the new construction, consistent with the Town's Landscape Policy, be submitted to the Planning Conmission prior to final of the building permit for the gymnasium. Planting and maintenance of required landscaping shall be a condition of this Use Permit. MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Gottlieb and passed by the following roll call vote, to approve Annual Review of Conditional Use Permit for Pinewood Private School with amendnents to conditions of approval. AILS. CALL: AYES: Caomissionners Gottlieb, Kuranoff, Struthers NOES: None ABSTAIN: Commissioners Siegel and Yanez 4. LANDS OF KAVA, FILE #TM 4-82, Stonebrook Drive, Request for Approval of Tentative Map and Negative Declaration, 2 lots The applicant requested this item be taken out of order, so that they may request the item be continued until the matter regarding illegal grading on the site be mitigated. MTION SDOONDED AND CARRIED: Moved by Siegel, seconded by Struthers and passed unanimously to continue the Lands of Kava, File #TM 4-82 to the November 14, 1984 meeting. 2. LANDS OF VOROS, FILE #CUP 5-84, 11800 Page Mill Road, Request for approval of Conditional Use Permit for secondary dwelling Ms. Lytle referred to her staff report of October 19, 1984, noting this is a request for a secondary dwelling per Ordinance #283 and Municipal Code Section 9-5.1107(a). Ms. Lytle indicated the second unit gross floor area measures 998 square feet, noting the proposal is consistent with Ordinance #291 and the revised definition of gross area. Ms. Lytle indicated the second unit is served off a common driveway with the primary residence, and appears to be architecturally compatible with the primary residence. All reviewing agencies have conducted their review and moments have re- sulted in the recomended conditions of approval. Ms. Lytle noted there was concern expressed by neighbors at the subdivision committee meeting with regard to drainage on and off site. Staff recumended the co mission make required findings for approval as stated in Municipal Code Section 9-5.1107; and adopt Resolution granting approval of the Use Permit as described subject to the recd mended conditions of approval. Cmmission questioned staff if there is a square footage limit inq-osed on the second unit; if this area included garage; and tiro of year percolation tests should be performed? Staff noted the square footage of the proposed unit is 998 sq.ft and is noted in the remmended conditions of approval; there is no garage included, and the time of year is at the descretion of the property owner. Planning Omission Minutes - October 24, 1984 Page Four D. PUBLIC HEARINGS: (continued) 2. Lands of Voros �. The Public Hearing was then opened. Mr. Joseph Doclnahl, 27980 Central Drive, expressed concern over the percolation tests that were performed, noting the tests were conducted in August the dryest time of the year, requesting the commission require the applicant to perform a new test during wetter ninths. Mr. Dochnahl expressed concern over the existing wells in the area that are used for irrigation and livestock. Mr. Bertram, 11854 Page Mill Road, was concerned over the need for two septic systems, noting the one for the second unit is in an area of (mown springs and is concerned over possible overflow of the septic leach field into the existing wells. Mr. Bertram asked commission to continue the subject hearing for applicant to perform a percolation test in the winter months. Mr. Joe Szabo, 13081 Alta Lane South, Engineer, informed commission a soils report has been prepared on the property, all necessary percolation tests have been performed with approval of the proposed septic tank and leach field location approved by the Health Department. Mrs. Betsy Bertrum, 11854 Page Mill Road, asked commission what the definition was for a secondary dwelling and read a memo to commission dated October 24, 1984 in relation to second units in other counties. Mr. Voros, 11800 Page Mill Road asked camAssion to approve his conditional Q use permit, noting he would like to have itis daughter and children living ` near. Mr. Hil Reiser, 27660 Fwd Rock Road, asked comussion to look carefully when considering this application, noting there is serious overflow in the area of the septic leach fields. The Public Hearing was then closed. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Yanez and passed ,man;nrv,sly to continue the public hearing for Lands of Voros, File #CUP 5-84, until November 28, 1984 meeting. The continuance was based upon neighborhood concern of ground water and natural springs in the area of the proposed septic leach fields for the second unit, as well as a possible contamination to existing wells in the general area which are used for livestock and irregation. The City Engineer was directed to contact the Environmental Health Services with concerns raised at the meeting and direct than to rake a determination and report their findings. `- Planning Commission Minutes - October 24, 1984 Page Five ( D. PUBLIC HEARINGS: LI 3, LANDS OF SIERRA CLUB FOUNDATION, Garth Lane, Request for Open Space Abandonment Ms. Lytle referred to her staff report of October 19, 1984, informing Commission the Sierra Club Foundation in a letter to the City Council dated September 25, 1984 has requested: 1) the City Council authorize the abandonment by the 'Town of an open space covenant entered into on October 8, 1971 for property on Gerth Lane, AIN: 182-31-064; and 2) authorization that the property is a separate legal parcel. Ms. Lytle indicated the City Council at their October 3, 1984 meeting, referred this item to the Camdssion for a reca dation on the land use issues related to the Foundations request. Ms. Lytle informed cawdssion the parcel has a General Plan designation of "Open Space Conservation Area". Ms. Lytle noted if the Cacmission recorended to Council the lifting of the covenant, that the property be re -zoned consistently with the General Plan designation, noting this would be necessary for historical record problems dating back to the previous General Plan revision. Mr. Scarborough informed Cornission that the Council has provided for Commission to review land use issues and should not involve negotiating fees with the applicant at this time. The Public Hearing was then opened. Mrs. Iris Hogle, 2000 Old Page Mill Road, informed commission she donated the land to the Foundation for open space in 1971, giving commission a brief background and history of the property. Mrs. Hogle indicated the foundation proposes to use monies received from the sale of this property to apply to other larger and more useful open space for the public, noting Mr. Jarvis (adjacent property owner) has bid on the property and she feels confident he will keep in open space and not subdivide. Mrs. Hogle asked comission to lift the covenant between Sierra Club Foundation and the Town. Mx. Stephen Stevick, Director Sierra Club Foundation, informed ocn ission they have an option to sell the subject property at fair market value if the covenant is lifted, noting they would make grants to other agencies to better serve the open space interest. Mr. Stevick indicated the open space value of the subject property has diminished in the last 13 years, noting the public is not very welcome in the area and there is an issue on hon to get to the property without violating any rights. Cammissioner Siegel noted as the 'Town keeps filling up there's not as much open space as is this 5 acre parcel that is not going to be subdivided; noting it's not mid -peninsula open space but it is important to keep. Mr. Siegel questioned if monies received for this 5 acre parcel could purchase another 5 acres? Crnmissicner Gottlieb indicated there could be a trail possibility that would lead to Stanford land. Mrs. Gottlieb suggested that the monies received be granted to IDs Altos Hills for our open space areas. There was some discussion regarding structures being built within the access easement on Gerth lane. Planning Camdssion Minutes - October 14, 1984 Page Six D. PUBLIC ..., RIW3S: ILW Lands of Sierra Club Foundation (continued) Mrs. Diana Miller, informed Commission she was on the Council waren this item came thru, indicating as this covenant benefits Gerth Lane property owners, that she feels Mr. Jarvis Mould leave the parcel in open space and place in Williamson Act. Mrs. Miller indicated the mranies received world go to other agencies to purchase better existing open space. Mrs. Margo Pratt, President Haneov+ners Association, 2215 Old Page Mill, Road asked commission not to lift covenant, concerned that a subdivision could have a considerable impact on area. Mr. Sneider, 2220 Old Page Mill Road, has been a resident for 25 years and would like to see the covenant remain; regarding the structures in easement, Mr. Sneider indicated they were there when he moved here. Mr. Robert Buss, 2265 Old Page Mill Road informed commission his property abuts the parcel and would not like to restrict the property owners rights, but if the covenant is lifted he would like development requirements restricted. Mrs. Barbara Eastman, as a long time resident NE's. Eastman says she's watched the Town grow, the Town is no longer quaint and rural. Mrs. Eastman indicated the property has changed in value greatly and landlocked, noting monies received world be beneficial to agencies that 40 can provide valuable open space, urging the commission to consider lifting covenant. Mr. Helliwell, 2240 Old Page Mill Road; Mr. Andy Cochran,2235 Old Page Mill Road; Mr. Pratt, 2215 Old Page Mill Road all asked that the covenant remain. Mr. Claude Looke, Los Altos Citizen, informed commission he works for a land conservancy noting one of the situations for open space is it is for public benefit, and the subject lard isn't. Mr. Looke indicated agencies do buy lard for a lot less, noting perhaps you racy wish to ask Sierra Club to help in maintaining of paths. There was discussion regarding open space definition and the General Plan designation. Commissioner Gottlieb questioned if the parcel is a legal lot? Ms. Lytle informed commission a staff analysis was being done by the City Attorney and the City Engineer. Mr. Stevick informed commission the property is in escrow and they do have a limited amount of time for a decision. Mr. Patrick NdGragen, Attorney for Jarvis, informed caumission Jarvis has lived in neighborhood for years and had enjoyed the parcel in open space. Mr. McGragen indicated property only benefits adjacent neighbors and Lmonies received could be used for maximum benefit to other open space projects. Mr. MCGragen noted the existing covenant is very restrictive and would not allow Jarvis to landscape, have a graden or construct a gazebo. We ask that the City support Sierra Club efforts to lift covenant. Planning COMnssion Minutes - October 24, 1984 Page Seven D. PUBLIC HEARINGS: Lands of Sierra Club Foundation (continued) Cmmnissioner Siegel indicated the covenant is very restrictive; asking Mr. McGragen if Jarvis would be willing to enter into another covenant that would allow landscaping and a gazebo? Commissioner Kuranoff asked if Jarvis intends to put parcel in Williamson Act?; and would Jarvis be willing to give access thru his property? Mr. MCGragen indicated Mr. Jarvis intends to place parcel in Williamson Act, but would not be willing to allow access; regarding the restrictive covenant Dhr. McGragen indicated he could not answer without asking Mr. Jarvis. The Public Hearing was than closed. Comnissimer Siegel noted as the commission is not hearing the full discussion on this item because we're not able to bargain on how proceeds would be used to benefit Los Altos Hills, i.e., what groups would receive funds and how it would be accomplished. I feel this is valuable open space, not regional, but neighborhood, and there is very little open space left in Los Altos Hills. It seems a very serious step to abandon. I think Mr. Jarvis is a good owner of open space and I would be willing to allow them to build a gazebo and landscape, but we should not abandon the open space easement. As the City Council has asked for coments on zoning, I feel this parcel should remain in open space. 4 Comissimer Gottlieb concurred with Conmissioner Siegel's comments, noting she would possibly consider the abandonment if she knew where w es were going, indicating just because this is a small pocket of open space in the Town, we should not let it go. Conmissioner Struthers indicated she would like to see something in writing, as to what the Sierra Club is going to do with the monies received, and how they would benefit the Town. Commissioner Ymez noted the covenant is the nest protective way to preserve open space and reflects the feelings of the community and suggested that Mr. Stevick review concerns made here this evening and return with another alternative. Co missimer Kuranoff noted the ideal open space is that you can look at, a gift the neighbors have had for many years, noting he would like to see it remain protected. Kuranoff noted we have no guarantee that it will be kept in open space if the covenant is lifted, however, me thing that hasn't been w ntioned here tonight is that several hundred feet away frau this parcel aue acres of open space. In hoping that the General Plan and our zoning laws would keep this property in open space for future, I would go along with lifting of the covenant. Crmnissimers asked that summaries of each of their coments be forwarded to y the City Council for their November 7, 1984 meeting. Planning Camission Minutes - October 24, 1984 Page Eight D. PUBLIC HEARINGS: 5. STUDY SESSION: DRAFT SITE DEVELOPMENT ORDINANCE AMENDMENTS TO I[YS ALTOS HTrJ MUNICIPAL CODE, TITLE 9, CHAPTER 3, PREPARED BY CONNERI.Y `" & ASSOCIATES As the hour is very late, the Mission unanimously decided to continue the public hearing on Site Development Ordinance Amendments to Tuesday, October 30, 1984 at 3:30 p.m.; which would also contain a 4:00 p.m. scheduled site development meeting for ccn ssicners to observe. A time deadline of 7:00 p.m. will be observed. I�It�5b79U. q��l>�$Y7 1. Ms. Lytle referred to m uo dated October 24, 1984 regarding the Lands of Steers Site Approval application. 2. Ms. Lytle questioned commission if monuments should be continued to be treated as fences in relation to the fence ordinance. Passed unanimously to continue to treat monuments as specified in the fence ordinance. F. NEW BUSINESS: Mlc•iia� There being no further new or old business, the meeting was adjourned at 12:30 p.m. Respectfully submitted, Leslie Mullins Engineering/Planning Secretary