HomeMy WebLinkAbout02/14/1990APPROVED
PLANNING COMMISSION
MINUTES OF THE REGULAR MEETING
TOWN OF LOS ALTOS HILLS
26379 FREMONT ROAD
LOS ALTOS HILLS, CALIFORNIA
WEDNESDAY, FEBRUARY 14TH, 1990
cc: Reel #3-90
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Present: Chairman Emling and Commissioners Comiso, Carico, Jones, Pahl, Stutz.
Absent: Commissioner Noel.
Staff: Bill Ekern, Director of Public Works and Ann Jamison, Planning Director.
2. CONSENT CALENDAR
2.1 Approval of the minutes of January 10th and 24th, 1990.
January 10th: Commissioner Comiso removed the minutes of January 10th, 1990. She
wished to clarify Item 6.1 LANDS OF PAULNOCK under Planning Commission
Disclosures that the last line is Commissioner Comiso's disclosure, not Commissioner
Carico's. Commissioner Carico was absent from the January 10th meeting.
Dot Schreiner, 14301 Saddle Mountain Road, Chairman of the Pathways Committee
wished to clarify her statement on Item 6.1, LANDS OF PAULNOCK, Page 3. She
wished to say that as one example, Oleanders should not be planted as Oleanders would
be too obstructive.
January 24th: Commissioner Stutz removed the minutes of January 24th, 1990 to clarify
the Report From the Site Development Committee Meeting of January 16th, 1990. The
Ashman's application was for an addition, remodel, and swimming pool, not
landscaping, and Commissioner Stutz noted the Ashman's are not to the stage of
development where a landscape plan is apposite.
PLANNING COMMISSION MINUTES Approved
February 14th, 1990
Page 2
MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso, and passed
to approve the minutes of January 10th, 1990.
AYES: Chairman Emling and Commissioners Comiso, Jones, Pahl, Stutz
NOES: None
ABSENT: Commissioner Noel
ABSTAIN: Commissioner Carico
MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso, and passed
to approve the minutes of January 24th, 1990.
AYES: Commissioners Comiso, Jones, Pahl, Stutz
NOES: None
ABSENT: Commissioner Noel
ABSTAIN: Chairman Emling, Commissioner Carico
3. REPORT FROM THE CITY COUNCIL MEETING OF FEBRUARY 7TH, 1990
Commissioner Comiso noted that the City Council had presented a proclamation
designating the week of February 5th as 'Scouting Recognition Week'. She reported that
the Public Hearing for LANDS OF RAMAN a City Council appeal of a Planning
Commission action had been denied and the City Council upheld the Planning
Commission approval by a 3-1 vote. She also reported on the Public Hearing for
LANDS OF NG, a City Council appeal of a Planning Commission action. At
Commissioner Comiso's request, Ann Jamison explained that the motion to uphold the
Planning Commission action had failed, and the City Council could bring the item up at
the next City Council Meeting. However, the two Councilmembers who had voted
against the motion had indicated they did not expect to bring this issue up again.
Commissioner Comiso further reported on LANDS OF CLAUSEN access and
intersection design. The City Council voted that St. Nicholas school does not have to
change the driveway, and that Town Hall Staff work with the appropriate organizations
to address safety concerns related to the area's design. Commissioner Comiso reported
that LANDS OF FINN annexation proposal had been approved. She also noted that
rescheduling of the Joint City Council - Planning Commission meeting has been
continued to the next full City Council meeting so all councilmembers could participate
in the decision making. She further noted that City Manager Tom Frutchey has
presented information on the Town recycling program scheduled to commence in July,
1990.
Chairman Emling noted that the LANDS OF BELLUCCI Final Map had also been
\r reviewed. Commissioner Comiso reported that the Final Subdivision Map had been
approved.
PLANNING COMMISSION MINUTES
February 14th, 1990
Page 3
Approved
4. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETINGS OF
JANUARY 30TH AND FEBRUARY 6TH
January 30th: Ann Jamison reported that three applications were reviewed and
approved. Steinmetz - Pool and Pool house, Pacific West Investments - Landscape
Plantings, Borrall - Minor Remodel. And the Subdivision Committee reviewed two
subdivision applications. Nelson - two lots: Conditional acceptance of driveway
encroachment, curvilinear nature of the driveway was found to be beneficial and
conditions for approval were established. Fowler - two lots: Staff outlined concerns
with the 27% average slope of one proposed lot and its lack off viability as a building
site. Realignment of the lot line was recommended. The Town Geologist had noted
concerns with the property, that a 60 foot wide public right-of-way was not possible; a
conditional exception would be required to decrease the public right-of-way down to 40
feet.
February 6th: Ann Jamison reported that Marcin - Landscape Plantings, Pool, and Pool
House Remodel was approved.
Commissioner Comiso questioned Staff on the status of the Henning's chimney, which
is too tall. Ann Jamison reported that the Building Official had notified the owners that
the chimneys must be brought into compliance before a certificate of occupancy will be
issued.
MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Emling and passed
to agendize as an urgency item under 7.1 a discussion of the Staff Report to the City
Council regarding the Burger variance, and to move the existing item 7.1 to 7.2.
AYES: Chairman Emling and Commissioners Carico, Comiso, Jones, Pahl, Stutz
NOES: None
ABSENT: Commissioner Noel
5. PRESENTATIONS FROM THE FLOOR
There were no presentations from the floor.
6. PUBLIC HEARINGS
6.1 LANDS OF THE TOWN OF LOS ALTOS HILLS, Purissima Road at
Viscaino Road, A request by Sun Country Cable for a Conditional Use
L Permit to allow a cable television head -end site.
�r Ann Jamison introduced this item, outlining the proposal and noting that Staff has
reviewed several other sites, that this site can best accomodate this use, and this usage
PLANNING COMMISSION MINUTES Approved
February 14th, 1990
Page 4
will blend well with the existing conditions of the site. She also outlined the minimum
conditions recommended by Staff.
The commissioners discussed the application relative to having only the one site
agendized for consideration. Commissioner Emling noted that a proposal for the one
site was the applicant's decision. Commissioner Carico suggested that it was not up to
the Planning Commission to choose which sites the applicant should request
consideration of. Commissioner Comiso expressed concerns that the Commission was
only reviewing one site when there were apparently three viable sites deserving their
consideration.
Planning Commission Disclosures
Commissioner Carico had not spoken to anyone regarding the site and had been on the
Site Development Committee when the Page Mill Road site was considered.
Commissioner Comiso noted she has been attending activities at the Little League field
over the last seven years. She noted she had spoken with Staff at length and had
requested a chart of all sites considered. Commissioner Jones had met with a
representative of Sun Country Cable during the election campaign but hadn't discussed
the sites. He noted that some properties neighboring the proposed site received
notification of the Public Hearing. And also noted he had visited the site that afternoon.
Commission Pahl had been to the site and that he was not aware of any other sites being
considered. Commissioner Stutz noted she is familiar with the site, that she had not
spoken with Sun Country Cable and has only received general correspondence from the
company. Commissioner Emling had been in touch with Sun Country Cable, was on
the Water District Committee that reviewed the Water District site and noted his
attendance at Water District meetings. He further noted he had spoken with Lynn
Simpson in November and had gone to seven different sites to look at other
alternatives.
The Public Hearing was opened.
Lynn Simpson, Sun Country Cable, introduced herself and explained Sun Country
Cable's criterion for choosing a site including cable television signal reception, service
access, minimum visual impact and appropriate land use, and noted Sun Country
Cable's sensitivity to neighbors' concerns. She also reviewed the problems and concerns
with other proposed sites; these sites included the maintenance yard, Bullis School, the
Bertram' and Gaither's properties, Foothill Junior College. Her conclusion was the
proposed site met all their criterion, including considerations for timely installation,
and she noted Sun Country's willingness to take into account safety, liability, and any
other conditions relative to siting the cable equipment.
PLANNING COMMISSION MINUTES
February 14th, 1990
Page 5
Approved
Commissioner Carico noted they had been looking for a site for 2-1/2 years and
questioned whether the equipment would cause interference with any other types of
reception. Ms. Simpson responded that it would not.
Commissioner Comiso questioned whether Westwind Barn had been given
consideration as a possible site. Ms. Simpson responded that a major problem with the
site was compatibility of use as it is an open space preserve and there was concern that
allowing this use would set a precedent for other requests for usage of this area.
Commissioner Comiso also questioned whether Little League had been contacted
regarding the proposal, and she expressed concern for the safety of the children when
they were at the field as it would interrupt a path heavily used by the children during
Little League activities. Ms. Simpson responded that no one from Little League had
been contacted. She noted that every conceivable safety measure had been built into the
proposal and parking accomodations and a walkway were included in the design.
Fred Pilster, 12002 Old Snakey, President of the Los Altos Hills Little League and
representing the families involved with Little League, announced and invited
attendance at the Little League season's Opening Day and parade scheduled for March
31st, 1990. Mr. Pilster noted that the Little League organization had not been consulted
and had only heard about the proposal the preceeding night. He requested that the
Planning Commission reject the proposal in order for Little League to have their
concerns addressed by Sun Country Cable.
Claire Lewis, 12723 Canario Way, noted she has been a Town resident for 32 years and
that she lives within the 300 foot circle of the proposed site but has no objections to this
use of the site.
Mary Compton, 27855 Via Ventana, Member - Environmental Design Committee,
voiced concerns with issues of safety and mitigation. She suggests the Commissioners
not rush into a decision, but look at all the options for siting the cable equipment.
Bob Stutz, 25310 Elena, Vice -Chairman - Pathways, President - Horseman's Association,
suggested alternative sitings of the equipment on the proposed Purissima Road at
Viscaino site. John Dolan, Sun Country Cable, responded with some of the problems
and possibilites for siting the equipment.
Commissioner Pahl questioned Sun Country Cable relative to moving the equipment
once it was built. Mr. Dolan responded that the building could be moved, however the
cable system could require readjustment and this could be a significant expense.
Commissioner Jones questioned possibilites for moving the satellite dish back and
resultingly closer to the ground relative to siting the equipment most effectively.
PLANNING COMMISSION MINUTES
February 14th, 1990
Page 6
Approved
Marie George, 12881 Viscaino, expressed concern for neighbors uphill who were
appalled to have to look down on the antennae. She suggested restrictions on height
and felt there are already enough existing eyesores.
Vic Hesterman, 12715 Canario Way, noted he owns the site across from the maintenance
yard, and expressed concerns regarding the increase in traffic at the site, noting the
increase in traffic, equipment, materials associated with maintenance yard usage.
Bill Nielsen, 12168 La Cresta Court, spoke in favor of the proposal. He suggested there
will never be a site that no one objects to and that the vast majority of the people in Los
Altos Hills are in favor of this site.
Nancy Cuparis, Westwind Barn, noted that the problems with Westwind Barn as a
potential site include the fierce wind and inaccessibility during rains. She stated there
are inherent problems with the Barn site, and the problem was not that Westwind Barn
opposed consideration as a site.
Commissioner Comiso questioned the possibilities for putting in a paved road. Bob
Stutz responded that it is possible, but perhaps not desirable as it is a mud bog.
Bob Holms, Architect for the project, addressed concerns regarding the site and noted
that relative to childrens' interest in the equipment, while it is not possible to stop
children from climbing the eight foot walls surrounding the equipment, there is better
protection when it is in site than when it is in a hidden location.
Commissioner Comiso further outlined her concerns relative to the childrens' getting
to and from each field and to the snack bar without creating a safety hazard in the
adjacent area of the park's entry way
The commissioners questioned Mr Holm relative to siting the equipment.
Elizabeth Piers, 13721 Robleda, expressed concern for the safety of children using the
fields. She noted her support for the Westwind Barn site, fearing the site proposed will
become crowded and ugly.
The Public Hearing was closed.
Commissioner Pahl questioned Staff regarding possibilites for siting the equipment near
the corporation yard barn. Bill Ekern responded that space is at a minimum on one side
of the barn, with barely enough room for maintenance equipment. The side of the barn
facing the Little League fields holds the fuel tanks.
PLANNING COMMISSION MINUTES
tar February 14th, 1990
Page 7
Approved
Commissioner Carico noted that while there are concerns with this site, the alternative
sites aren't suitable. She noted the proposed site is accessible and with conditions
should be recommended to the City Council.
Commissioner Pahl expressed concerns with siting a permanent structure in the middle
of the site and the future of the property, that flexibility will be taken away from the
Town.
Commissioner Comiso noted her concern with safety and suggests that the CUP not be
granted until it is ascertained that mitigation can be accomplished satisfactorily. She
also noted her dissatisfaction with not being afforded the opportunity to review the
Westwind Barn site.
Commissioner Comiso questioned Staff regarding guarantees that safety concerns be
addressed. Ms. Jamison responded that the Town will initiate a lease agreement with
Sun Country Cable for the site and also that the Site Development Committee will
review these issues if so conditioned by the CUP.
Lar MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Stutz to recommend
the site based on Staff findings 1, 2 and 3, but that the actual siting of the structure shall
be referred to either a Site Development Committee or a subcommittee of the Planning
Commission for concerns regarding visual and physical mitigation, siting, safety, and
the needs of Sun Country Cable; and with the following conditions:
1. The material used to construct the wall surrounding the facilities shall match the
materials of the adjacent structures and facilities. The backs and structural supports
of the dishes shall be painted to blend with the buildings and surrounding
vegetation. The "bowls" of the dishes shall be painted a light, yet non -reflective,
color. The fencing enclosing the antenna tower shall be black vinyl chain-link
without batts.
2. A landscape plan shall be submitted with the Site Development application for
approval by the Site Development Committee. This plan shall include tree and
shrub landscaping adequate to mitigate the views of the walls and dishes from
Purissima Road.
3. The exterior materials of the equipment building within the enclosure shall be
compatible with the wall and other building materials.
4 4. An arborist, approved by the Town, shall prepare a report outlining
�r recommendations for addressing any potential impacts on trees on the site.
Specifically, the tree cluster surrounding the tower antenna site and the tree
immediately south of and adjacent to the "snack bar' building. Should the arborist
PLANNING COMMISSION MINUTES Approved
` February 14th, 1990
Page 8
note significant concerns with the placement of the tower within the tree cluster
on the knoll then alternative sites for the tower antenna shall be pursued.
5. The specific siting and structure design shall be approved by the Site Development
Committee. This review should consider a full range of issues related to safety,
compatibility with existing and future uses of the site, appropriate mitigation of the
facilities from surrounding areas and quality of signal to the cablevision facilities.
AYES: Chairman Emling and Commissioners Carico, Comiso, Jones, Pahl, Stutz
NOES: None
ABSENT: Commissioner Noel
6.2 LANDS OF QUARRY HILLS, Stonebrook Drive, continuation of a Public
Hearing for consideration of a General Plan Amendment, Zoning
Ordinance Amendment, Annexation, Pre -zoning, and Tentative Map for a
21 lot subdivision on a 358 acre site.
Bill Ekern introduced this item, noting Staff's willingness to answer any questions, and
suggesting the issues be addressed in the order they are listed in the Staff Report as this
will result in an orderly build-up of facts on which to base well-defined
recommendations.
Commissioner Carico questioned the time -frame for reviewing the project. Mr. Ekern
responded that the City Council will be taking action on March 7th, 1990.
Planning Commission Disclosures
Commissioner Pahl has visited the site, spoken with John Vidovich, and walked the
site with the commissioners at a publicly noticed meeting. He has met Mr. Vidovich
several times socially and had no further contact with the applicant or any of his agents.
Commissioner Stutz has had no contact or conversation with John Vidovich and has
not visited the site this year, but went several times last year. Commissioner Emling
had not visited the site since last year. Commissioner Jones visited the site previous to
the last public hearing, and has seen John Vidovich socially on one or two occassions.
Commissioner Comiso noted she had been to the site three or four times: twice on her
own and once at a publicly noticed meeting. Commissioner Carico has had no contact
with John Vidovich socially, and has been to the site three times but not since last year.
Chairman Emling expressed interest in referring to the political sphere to ask a question
kW of Commissioner Comiso. Commissioner Pahl responded that there are no provisions
in the Rules of Disclosure for allowing questioning of the commissioners and noted his
objections to Chairman Emling's actions.
The Public Hearing was opened.
PLANNING COMMISSION MINUTES
6 February 14th, 1990
Page 9
Approved
John Vidovich, DeAnza Properties, outlined the history of the project. He noted that
relative to the outcome of Measure B, he is not interested in annexing the property
above the Measure B line at this time. He explained that Staff Conditions to allow 300
square acres of Open Space are unreasonable in light of what is required of others
developing in the Town, and development of 13 lots is not economically feasible. Mr.
Vidovich noted his sorrow for controversy generated with the proposal to develop the
top of the ridge. Mr. Vidovich outlined the current proposal for consideration, noting
lower volume of water, more road, the addition of two lots, common tennis court.
Mr. Vidovich questioned the legality of annexing a portion of a lot. Bill Ekern
responded that this is being looked into by the City Attorney.
In response to commissioners question, Mr. Vidovich explained his considerations
relative to the configuration of the creek parallel to the pond.
Mrs. Stutz questioned Mr. Vidovich relative to filling the lake with water and outflow
from the lake. Mr. Vidovich noted he wants to do what is environmentally correct and
E explained the conceivable time frame for establishing the lake and outflow in light of
�r the present drought. Commissioner Stutz further questioned the applicant regarding
animals' use of the creek and possibilities for problems should the creek be
underground. Mr. Vidovich responded that improvements proposed for the lake result
in a more gradual grade down to the lake which would be beneficial to the animals.
Libby Lucas, representing the League of Women Voters, questioned dropping the lake
down to 700 acre feet. Mr. Vidovich responded that with this proposal for an enclosed
pipeline, he could commit to not digging the lake as deep, and the surface area would
remain the same.
Chairman Emling questioned Mr. Vidovich as to whether he is a known contributor to
Measure C. Mr. Vidovich replied that he was.
Charles Locatti, 10933 Northcrest Lane, questioned that there is one more Planning
Commission Public Hearing and then to the City Council on March 7th, 1990 and noted
this seemed a short amount of time.
Ed Emling, 11853 Murietta stepped down to speak as a citizen. Mr. Emling questioned
Commissioner Comiso as to whether she was a campaign manager for Measure C.
Commissioner Comiso responded she was not a campaign manager for Measure C or
Measure B and had no conflict of interest relative to this request.
Vice Chairman Jones noted the Planning Commission had not adopted Rules of Order
and without the City Attorney's advice questioned the competence of the Planning
PLANNING COMMISSION MINUTES
6r February 14th, 1990
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Approved
Commission to respond to questions of a political nature. He noted that Mr. Emling
could ask his questions and if any commissioners wish to respond, they may do so.
Mr. Emling noted he was not asking how the Commissioner voted, but is asking
Commissioner Comiso to make a decision on conflict of interest and the appearance of
conflict of interest.
The Public Hearing was closed.
Commissioner Carico reassured Mr. Vidovich that he was not being punished for
proceeding with the project in the way he chose relative to the outcome of Measure B.
She questioned Mr. Vidovich, in reference to his estimation that it would take a year to
annex, regarding additional time for the Planning Commission. Mr. Vidovich
requested waiting until the end of the next Planning Commission meeting to see how
productive the meetings are.
Commissioner Pahl questioned Mr. Vidovich relative to his intent should the upper
ridgeline be designated open space. Mr. Vidovich responded that if the land is zoned as
jW open space, the Park system does not compensate him; if the land is zoned something
else, the Parks have funds to buy it from him. However, he has no specific intention.
MOTION SECONDED AND PASSED: Motion by Carico, seconded by Stutz to
recommend to the City Council annexation of all 360 acres of the Lands of Quarry Hills
Subdivision as proposed by Staff.
AYES: Chairman Emling and Commissioners Carico, Comiso, Jones, Pahl, Stutz
NOES: None
ABSENT: Commissioner Noel
Mr. Vidovich noted his objection to this recommendation. Regarding Issue 2, Mr.
Vidovich felt the Staff recommendation to change zoning went against the intent of
Measure B. He felt it unreasonable to decrease the number of lots from four to one, and
noted he could stay with the County, with the existing lots.
Bill Ekern clarified that geotechnical reasons limit the development of individual lots
regardless of the zoning. He noted the Commission can leave the General Plan as it
exists but believes, as outlined in the Staff Report, that the broad implications of
modification of the General Plan would be advantageous.
Commissioner Comiso noted she sees little advantage in changing the General Plan.
LAv
MOTION SECONDED AND FAILED: Motion by Pahl, seconded by Comiso to
recommend to the City Council that there be no modification of the General Plan as it
relates to the Lands of Quarry Hills Subdivision.
PLANNING COMMISSION MINUTES Approved
041W February 14th, 1990
Page 11
AYES: Commissioners Comiso, Jones, Pahl
NOES: Chairman Emling and Commissioners Carico, Stutz
ABSENT: Commissioner Noel
MOTION SECONDED AND FAILED: Motion by Carico, seconded by Stutz to
recommend to the City Council for amendment of the Land Use and Circulation
Elements of the General Plan of the Town of Los Altos Hills to accomodate the proposed
development of the Lands of Quarry Hills; and the formal submittal to the City Council
those specific recommendations for the General Plan designations as made by the
Planning Commission as outlined in Staff recommended steps 1 and 3.
AYES: Commissioners Carico, Stutz
NOES: Chairman Emling and Commissioner Comiso, Jones, Pahl
ABSENT: Commissioner Noel
MOTION SECONDED AND PASSED: Motion by Jones, seconded by Carico to continue
Lands of Quarry Hills to the Planning Commission meeting of February 28th, 1990.
AYES: Chairman Emling and Commissioners Carico, Comiso, Jones, Pahl, Stutz
NOES: None
ABSENT: Commissioner Noel
NEW BUSINESS
7.1 Discussion of Staff Report to the City Council regarding Planning
Commission consideration of the LANDS OF BURGER variance request.
Commissioner Pahl clarified his concern that the Staff Report to the City Council did
not accurately reflect the findings made by the Planning Commission regarding the
LANDS OF BURGER variance request but only presented the Staff recommended
findings for the variance. Ann Jamison responded that she had in no way intended to
imply any Staff modification of the Planning Commission's recommendations for
approval of this variance. Her intention was to supply the City Council with a brief
summary of the Planning Commission action and that a copy of the Staff Report was
attached for distribution to the City Council along with a copy of the findings made by
the Planning Commission.
Commissioner Pahl questioned whether the Planning Commission findings had been
included in the City Council's packets, and suggested that if Staff viewed the Planning
,60 Commission's findings as immaterial, then the commissioners wouldn't struggle to
make the findings.
PLANNING COMMISSION MINUTES Approved
4r February 14th, 1990
Page 12
Commissioner Stutz noted that Staff reports to Council were too brief, and unless
individuals attended both meetings, they couldn't be certain what was said. She also
referred to Ms. Jamison's report on the Site Development meeting of January 24th, 1990
on the LANDS OF ASHMAN, which were corrected in the minutes of that meeting
under item 2.1. Ms. Jamison apologized, noting that in the future she would be certain
to bring the agendas for the Site Development meetings.
Commissioner Jones requested that versions of documents, specifically minutes, be
demarcated as draft or approved.
Commissioner Emling commented on Ms. Jamison's thoroughness and helpfulness.
Bill Ekern noted that the Staff Summary was a staff initiated document. He further
noted that a Planning Commission representative makes a presentation at each City
Council meeting of the issues that have been raised at each Planning Commission
meeting and the Planning Commissioner can expand upon the Staff summary at their
discretion.
Commissioner Jones noted it was almost unnecessary to have a Planning Commission
representative at each meeting, and referred specifically to the excellence of her report to
the City Council at the meeting just after the earthquake.
Commissioner Carico expressed her thanks to Ms. Jamison.
MOTION SECONDED AND PASSED: Motion by Stutz, second by Emling and passed by
consensus to refer items 7.2 and 8.1 to the next Planning Commission meeting.
Chairman Emling requested that effective utilization of Staff time and how to be
effective as Commissioners working with Staff be agendized for the next Planning
Commission meeting.
Commissioner Carico requested that consideration of taping Planning Commission Site
Development Committee meetings be agendized for the next Planning Commission
meeting.
9. ADIOURNMENT
The meeting was adjourned by consensus at 11:23 p.m.
Respectfully submitted,
Laura Johnson
Planning Secretary