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HomeMy WebLinkAbout02/28/1990APPROVED 4 PLANNING COMMISSION MINUTES OF THE REGULAR MEETING TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD LOS ALTOS HILLS, CALIFORNIA WEDNESDAY, FEBRUARY 28TH, 1990 cc: Reel #4-90 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Chairman Emling and Commissioners Comiso, Carico, Jones, Noel, Pahl, Stutz. Absent: None. Staff: Bill Ekern, Director of Public Works; Ann Jamison, Planning Director. 2. CONSENT CALENDAR 2.1 Approval of the Minutes of February 14th, 1990. Commissioner Carico removed the Minutes of February 14th, 1990 from the Consent Calandar to clarify her disclosure under LANDS OF THE TOWN OF LOS ALTOS HILLS Planning Commission Disclosures that she had been on the Site Development Committee when the application for the Page Mill Road site was under consideration. She also wished to clarify under item 6.1, paragraph two of the Public Hearing that they had been looking for a site for 2-1/2 years. She also wished to include in the minutes, under LANDS OF QUARRY HILLS Planning Commission Disclosures on page 8 regarding social contacts with Mr. John Vidovich, the disclosures of the social contacts of each of the commissioners as stated at that meeting. MOTION SECONDED AND PASSED: Moved by Stutz, seconded by Carico, and passed to approve the minutes of January 24th, 1990. AYES: Chairman Emling and Commissioners Carico, Comiso, Jones, Pahl, Stutz. NOES: None ABSENT: None g i ABSTAIN: Commissioner Noel PLANNING COMMISSION MINUTES February 28th, 1990 Page 2 Approved 3. REPORT FROM THE CITY COUNCIL MEETING OF FEBRUARY 21ST. 1990 Chairman Emling reported that at Council Member van Tamelen's request he updated the Council on LANDS OF QUARRY HILLS, noting the Planning Commission had requested information relative to the geotechnical issues of the proposal necessary for making recommendations to the City Council. 4. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETING OF FEBRUARY 27TH, 1990 January 27th: Ann Jamison reported that one application was reviewed and approved: Gutshall - Landscaping, swimming pool, decking, bridge for a new residence recently constructed in the vicinity of a creek. She noted concerns related to the site, and outlined the conditions, including requirement to repair pathway damage, obtain Fish & Game approval, return with a landscape plan for Staff review addressing native and riparian plantings concerns of the Site Development Committee. ` 5. PRESENTATIONS FROM THE FLOOR �+ There were no presentations from the floor. 6. PUBLIC HEARINGS 6.1 LANDS OF FE TN ANNEXATION, Prospect Avenue and La Loma Drive, A proposal to establish Residential -Agricultural (R -A) zoning for this 35 acre annexation. Ann Jamison introduced this item, referring to the Staff report. In response to a concern that the staff report was misleading, she clarified that R-vl is a General Plan designation, R -A is a Zoning Code designation, as is OSP, and the General Plan does call for the property to be used as very low residential. The R -A zoning designation is appropriate for that. Planning Commission Disclosures Commissioner Pahl had visited the site prior to consideration as a subdivision and spoke with the applicant last Wednesday evening regarding the plan and zoning. Commissioner Noel visited the site and had no contact with the applicants. Commissioner Stutz had no contact with the applicants since the Tentative Map was L considered by the Commission. Chairman Emling visited the site at the Tentative Map ker stage and spoke with Mrs. Morgan last Wednesday evening about her concerns. Commissioner Jones drove by the site and had been involved in some of the hearings PLANNING COMMISSION MINUTES Approved 4 February 28th, 1990 Page 3 for the site previously. Commissioner Comiso had been by the site and spoke with Mr. Finn last Wednesday evening, but not about this application. She also spoke with Sallie Morgan who had concerns regarding lots in the subdivision, not relative to this application. Commissioner Comiso had nothing to disclose and hadn't been on the property since the Tentative Map stage. The Public Hearing was opened. Ed Willi, 24488 Prospect Road, questioned possibilities for undergrounding utilities on properties adjacent to the Finn property. At the commissioners request, Ann Jamison clarified that the utilites on the Finn property will be underground. Bill Ekern clarified that pole undergrounding is not a requirement in general, and only within the subdivision itself would the utilities be placed underground. The Public Hearing was closed �✓ MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Emling to recommend to the City Council adoption of Staff Recommendations for the establishment of Residential -Agricultural (R -A) zoning for the entire 35 acres that comprise the LANDS OF FINN Annexation noting that the zone does comply with the R-vl (residential -very low) General Plan designation for the property in alignment with the guidelines of the General Plan. AYES: Chairman Emling and Commissioners Carico, Comiso, Jones, Noel, Pahl, Stutz NOES: None 6.2 LANDS OF BROWN, 11470 Summit Wood Road, a request for variances to the 30' sideyard setback and maximum floor area requirements of the Zoning Code. Ann Jamison introduced this item, outlining the application and Staff's concerns. She noted that if the Planning Commission could make all four findings necessary for the variance, they would need to define the conditions of approval. Planning Commission Disclosures Chairman Emling visited the site and spoke with Mrs. Brown before walking the 4W property that afternoon. Commissioner Stutz visited the property and spoke with Mrs. Brown regarding the application that afternoon; she had no further contact with the applicants. Commissioner Noel drove by the site and had no contact with the PLANNING COMMISSION MINUTES Approved February 28th, 1990 Page 4 applicants. Commissioner Pahl visited the site. Commissioner Jones visited the site and spoke with Mrs. Brown regarding the application. He received additional information, which he noted may or may not be relevant, regarding family hardship, problems with the house. He also spoke with Commissioner Comiso regarding structural difficulties. Noting he is not a structural engineer, Commissioner Jones offered to relate additional information he had obtained and more of his conversation with Commissioner Comiso if the Commission wanted. Commissioner Comiso spoke with the Browns and visited the site many times. She had spoken with Mrs. Brown regarding the foundation. The Browns had told her that when they bought the property, they were aware they would have to do structural work. And, Commissioner Comiso called the Browns shortly after the earthquake and found there had been a great deal of damage. Commissioner Comiso suggested the Browns call the Town Building Official for an inspection. Commissioner Comiso also reported that she had contacted the building department in the City of Van Nuys, California, to see what had been done with split level houses in that city after they had experienced earthquake related damages. She noted she would bring up relevant information with staff in the discussion of this item. Commissioner Carico visited the property and had not spoken with the Browns. The Public Hearing was opened. Mrs. Brown, 11470 Summit Wood Court referred to her letter to the Town dated January 10th, 1990 and explained that she wanted a three -car garage and wanted to improve the home so that people could find the front door. She and her family moved to the Hills just over a year ago and and had considered adding a one -car garage, but their first priority was to put a foundation under three-quarters of the home. A structural engineer had told them the home was not constructed correctly originally, and suggested the second story, which ends in the middle of the garage door opening, be supported with a pole. The pole is in place on the left side of the garage and with a deck in the way of entrance to the left side, they are limited to parking on the right side of the garage only. She further explained that after the earthquake, the house was inspected by the Town Building Official who found the garage to be unsafe. The engineer they hired concurred and noted that the garage is the weakest, most vulnerable portion of the house, built on loose fill. Mrs. Brown noted that the children's rooms are in the second story above the garage. The engineer suggested the wall be closed up and sheer wall constructed. Mrs. Brown noted that she had gone to the neighbors adjacent to the proposed construction and with the neighbors concluded they were unable to see the proposed addition. She further noted her neighbors had written to the Town in support of the project. ker Mrs. Brown also related the hardships her family is experiencing relative to the October earthquake. She outlined time constraints for insurance purposes: doing the driveway PLANNING COMMISSION MINUTES Approved 4460 February 28th, 1990 Page 5 is dependent on garage approval and the insurance company will limit reimbursement for the driveway to 50% if work hasn't begun within 180 days of the earthquake. Her family continues to feel the emotional affects of the earthquake and are very concerned that the home will collapse with another earthquake. Commissioner Pahl questioned Mrs. Brown regarding possibilites for a two -car adjacent garage that wouldn't go into the setback and would only exceed the MFA slightly. He suggested a two -car detached garage and a single -car garage within the existing structure. Mrs. Brown responded that because the garage is built on fill, they are very concerned with safety and she feels the best way to address the problem is to close the existing garage off. Commissioner Carico questioned what options the Town had provided for consideration. Mrs. Brown responded that a two -car garage on existing paved area was suggested. 4 Commissioner Comiso questioned whether they would have been allowed an additional one -car garage and turret without requiring any variance prior to the earthquake. Ann Jamison responded that it probably would have been allowed, but couldn't respond definitely without further review. The Public Hearing was closed. Commissioner Comiso questioned what could make the garage safe. Ann Jamison responded, noting she is not an engineer, but that as had been suggested, options involving reduction of the open area on the garage, and foundation and structural beam alternatives could improve the safety of the existing garage area. Commissioner Comiso noted that per her conversation with Mr. Tinly, a structural engineer with the City of Van Nuys Building Department, correcting this type of damage to split level homes where the two levels were not tied from exterior wall to exterior wall requires the use of numerous straps, or an inverted frame which is major remodeling. A house built on poorly compacted fill, with an opening for the garage and no continuous line of sheer -wall to hold the house together, would be impossible to make safe. Bill Ekern noted that building the one wall does not address all the issues relevant to the site and residence that can be addressed with current technology. If the house is to be upgraded to current seismic standards, major substantive structural modifications to PLANNING COMMISSION MINUTES Approved February 28th, 1990 Page 6 the foundation are necessary, requiring very specific data involving soils, structure, and additional information for a comprehensive engineering analysis. Commissioner Carico noted her appreciation of Commissioner Comiso's efforts to obtain information regarding earthquake damage to this type of house, but felt only a professional could tell the applicants how to address the problems with this home. She also noted her preference for continuing this item to a meeting in which the applicant's engineer can respond to any questions the Town Engineer had regarding the proposal. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Noel to approve the variances to the setback and MFA requirements of the zoning code, including a turret, based on the following Finding 1: that due to the exceptional circumstance of the October 17, 1989 earthquake, strict application of the Zoning Code deprives the owners of something they would have been entitled to, that is an additional one -car garage; and with Findings 2, 3, and 4; and conditioned on the following: that the applicant's structural engineer provides correspondence to Town Staff indicating that, in his opinion, reducing the current garage to a single -car garage door opening would not adequately satisfy the structural integrity of the garage and structure, however, in the event that it is possible to leave the single -car opening, the applicant is required to reduce the detached garage to a two -car garage of no more than 550 square feet, and no setback variance is included in this alternative. AYES: Chairman Emling and Commissioners Comiso, Jones, Noel, Pahl, Stutz NOES: Commissioner Carico MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Jones that the application not be required to go through the Site Development Committee level process, but return to Staff for review and determination of Site Development conditions. AYES: Commissioners Comiso, Jones, Noel, Pahl NOES: Chairman Emling and Commissioner Carico, Stutz 6.3 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, continued from the February 14th, 1990 Planning Commission meeting, noting the issues Staff has proposed for review generally relate to the steep slope, geotechnical hazards, native vegetation, potential visual and aesthetic environmental impacts. He introduced William Cotton, Town Geologist. ( PLANNING COMMISSION MINUTES Approved February 28th, 1990 Page 7 Mr. Cotton presented a history of his involvement with this application, and noted two prominent issues regarding slope instability that need to be addressed. 1) Stability of the Quarry walls, primarily on the Stonebrook side of the quarry, is in question. This issue may be resolved if basic geological assumptions relative to the Quarry walls can be agreed upon with the applicant and his consultants. 2) Landslides: The South and Southwestern portions of the development, lots 2, 4 - 16 and 18 are at the bottom of steep topography. These debris flow hazards are difficult to mitigate and the possibility exists of a high probability of personal injury or death. Mr. Cotton has determined that with the terrain, slopes, and material deposits there and clear geologic evidence, the area is one of debris flow. His findings were confirmed by Professor Dietrich of the University of California, Berkeley an expert in debris flow, who studied the site at Mr. Cotton's request. Mr. Cotton has asked the applicant's geologist to address these findings. Mr. Cotton presented a series of photographs of debris flows in the Bay Area to help define his concerns. He explained these soil failures are liquid -like, flow downhill at high speeds, and have great mobility, flowing great distances. He also noted that it has been suggested that once the vegetation and trees have been established there will be no flows, but in his experience, this is not the case. Commissioner Pahl questioned the commonalities between the slides and what exists in the quarry. Mr. Cotton responded that the materials and steepness of the hills are the same. He clarified that he was not saying the hazards cannot be addressed, but that it is necessary to understand the problem and conceivably the debris flow hazards could be mapped and built around or failure could be planned for and devices built to catch the debris as it comes off. Commissioner Jones questioned the extent of effort necessary to contain the debris flows. Mr. Cotton responded that, while he is not necessarily advocating it, that is how these concerns are addressed with present technology. Planning Commission Disclosures: Commissioner Noel was absent from the Planning Commission meeting of February 14, 1990 when the other commissioners made their statements of disclosure, and disclosed that he had no conflict of interest, noting he had visited the site with other commissioners (publicly noticed), and had no social contact with Mr. Vidovich. MOTION SECONDED AND PASSED: Motion by Noel, seconded by Pahl and passed by consensus to re -open the Public Hearing. The Public Hearing was opened. PLANNING COMMISSION MINUTES Approved 4, February 28th, 1990 Page 8 Dr. Howard Martin, 11666 Dawson Drive referred to the instability of walls around the site and questioned whether the walls around the lake would be particulary hazardous. Mr. Cotton responded that the applicant's geologist has been asked to address concerns relative to when the lake is filled. He noted that the tailings and loose gravel off the walls have been addressed preliminarily, but that the major concerns relate to possible more massive failure of the walls. He noted the applicant had been asked to address the failure of the quarry walls just beyond Stonebrook Libby Lucas, 174 Yerba Santa, Los Altos, further questioned the grading of the quarry walls and whether all geotechnical issues would be addressed before the City Council heard the proposal. Mr. Cotton noted that the applicant's geologist has been asked to analyze existing conditions and present proposals to address the issues involved. When the information would be available was dependent on the applicant's geologist. Dr. Martin expressed concerns relative to the layout of the sewer system, that it had 4 changed from the original proposal, and the possibility that the sewer will go a considerable distance, through open space and through a greenbelt. He noted there were apparently plans to pave an existing dirt road for maintenance access, per Los Altos Sewer. Bryan Crynes, 11665 Dawson, felt there had been redefinition of the rules for easements in allowing a 15 -foot wide road, and this sewer proposal would have a significant negative impact. He noted that he had spoken with Bill Ekern, who wasn't aware of this plan. At Commissioner Carico's request, Bill Ekern explained that the plans for the sewer had come to the Town and been reviewed, the site studied for potential impacts. He clarified that the Town had no intention of paving, nor, did he believe, had Mr. Vidovich. He noted that the Town has considerable involvement in defining the terms with Los Altos Sewer and resident's and Staff's concerns would be addressed. He also clarified that the subdivision sewer proposal allows for gravity flow out of the subdivision to connect with upper Dawson, rather than pumping up onto Stonebrook. This has been the proposal since the 43 -lot subdivision proposal was submitted. Ms. Lucas noted that at the EIR stage, the proposal was to pump up to Stonebrook. She expressed concern with running sewers near the creek and suggested economic consideration were the motivation to run the lines down hill. PLANNING COMMISSION MINUTES Approved thr February 28th, 1990 Page 9 Mr. Crynes noted he was told Los Altos Sewer would designate how they were going to serve the proposed line. Mr. Harry Emerzian, 11670 Dawson noted the rapidly changing information regarding this development. He felt much of the beauty of the area had been lost and hopes it can be returned to its former state. He also expressed concerns that residents at the low point of the topography could be "wiped out" if anything happened. Carol Gottlieb, 24920 Summerhill, encouraged preservation of the open space, noting its beauty, and noting the homes along the stream are some of the nicest in Town. John Vidovich, DeAnza Properties, responded to issues raised. He noted one condition of his reclamation plan was to provide sewers to assist the lake in maintaining its purity. He noted his belief that the sewer proposal was logically placed. He further agreed that a paved maintenance road would be detrimental. Mr. Vidovich also indicated his intent to ask the City Council for an extension on the project. And he clarified that he has hired a new geologist, one of several recommended to him at his 4� request by Mr. Cotton. The Commission questioned how much time Mr. Vidovich expected his geologist might require to address the various geotechnical issues and return to the Planning Commission. Mr. Vidovich noted he hoped to have information within 45 days. The commissioners reviewed the recommendations defined at the last Planning Commission meeting and discussed possibilities for redefining recommendations. Commissioner Carico noted legal counsel would be necessary before the annexation issue, which passed unanimously, could be readdressed. She also noted objection to any pressure to take action based on what the applicant said he might or might not do. The commissioners discussed the information they felt was necessary for consideration in making a recommendation to the City Council. Commissioner Noel noted that they wouldn't have enough information to make recommendations until Mr. Cotton reviewed the project. Bill Ekern clarified Staff's recommendations that the commissioners review the essential concepts of what is involved and define recommendations based on these concepts, to direct how the particular conditions that come back should be addressed. Commissioner Comiso noted she agreed with Commissioner Noel, and was opposed to making assumptions on issues without the geotechnical information. PLANNING COMMISSION MINUTES February 28th, 1990 Page 10 Approved Chairman Emling noted he felt it was appropriate for the Commission to request an extension and that Mr. Vidovich was asking for an extension. Commissioner Pahl noted he was offended that Staff and others would have the Commission speculate and assume certain criterion regarding the project in making recommendations to the Council. He further noted that Mr. Cotton doesn't know the conditions existing on the property and he felt the photographic presentation was inappropriate. He noted the geotechnical issues should be looked into in more detail. Mr. Pahl noted that what Mr. Cotton says could change the opinion of commissioners, and they would be making a decision without all geotechnical information. He noted that speculating as to what could happen down the road was not reasonable, and would not be a fulfilment of their responsibility as commissioners. Commissioner Carico noted Mr. Pahl was a new Planning Commissioner. She also noted that Mr. Cotton is an outstanding professional. She clarified that Mr. Cotton didn't say that debris flows might exist, rather that they do exist, and the photographs he presented were to show what debris flows looked like. She also thanked Staff for a job well done. Karen Emerzian, 11670 Dawson, expressed concern regarding the proposed sewer line and the pathway previously discussed. She noted the proposed junction of the sewer lines is where her property is, and expressed preference for having the line go up to Stonebrook. Evelyn Martin, 11666 Dawson Drive, expressed concern that the present pathway is designated for emergency vehicle access, only. If the sewer is placed there, construction trucks will also have to go through. Commissioner Stutz noted that the Town did have vehicular access from the top of the hill that goes down through the lot already. The property owners are already aware of this designation, so no vehicles should access from the pathway in question. She also noted that she had seen the flags for the sanitary sewer in April of 1989 and was concerned that the trees would be damaged; she understood from Staff that any damage to the path would be repaired. Virginia Crynes, 11665 Dawson, expressed concerns that heavy equipment would be going across their property. There is a 10' sewer easement on the property to maintain the existing sewer, and she understood that if the sewer was extended, the road would have to be paved to allow large trucks access as the soil is very soft. John Vidovich noted he couldn't see the need for a paved road and questioned whether this was a way for Los Altos Sewer to stop his reclamation plan. In response to PLANNING COMMISSION MINUTES obw February 28th, 1990 Page 11 Approved questions from Ms. Lucas, Mr. Vidovich also outlined his rationale for the proposed sewer line, that the existing septic system was not the best system as nutrients could leak out and more sewer properly placed would be of benefit. He also noted that pumping up to Stonebrook would require long-term maintenance, which is not desirable. The Public Hearing was closed. MOTION SECONDED AND PASSED: Motion by Comiso, seconded by Jones to recommend the City Council grant an extension and that discussion be deferred until the Commission has the necessary geotechnical information. AYES: Chairman Emling and Commissioners Comiso, Jones, Noel, Pahl, Stutz NOES: Commissioner Carico 7. NEW BUSINESS 7.1 Review of an application referred from Santa Clara County, Lands of Gorham/Shuler, 15829 Stonebrook Road, a request to Santa Clara County for a variance to the required 30 -foot setback requirement for an existing structure and a new addition. Ann Jamison introduced this item, referring to the Staff Report and noted the County was trying to get all non -conforming structures to go through variance proceedings. MOTION SECONDED AND PASSED: Motion by Carico, second by Pahl and passed by consensus to recommend to the County that this property be required to annex to the Town and further develop in conformance with the Town regulations and via Town processes. Commissioner Stutz noted that she had visited the site. She questioned whether any other commissioners had been to the site. She noted that as none of the other commissioners had visited the site they should not vote on recommendations. MOTION SECONDED AND PASSED: Motion by Noel, seconded by Carico to recommend to the County that the new addition be required to comply with the 30' setback requirement. The motion passed with Commissioner Stutz dissenting. No action was taken regarding directing comments to the County relative to the variances the County is requiring for the existing structures. L PLANNING COMMISSION MINUTES `„ February 28th, 1990 Page 12 Approved 7.2 Discussion of a proposal by Commissioner Carico to tape Site Development meetings. Commissioner Carico noted that in the event that a commissioner was unable to attend Site Development, tapes would afford them the opportunity to hear what had transpired. The commissioners discussed the benefits of taping the meetings and at Ann Jamison's request, clarified that minutes would not be expected. PASSED BY CONSENSUS to tape Planning Commission Site Development meetings and retain the tapes for a two year time period. 7.3 Planning Commission chair appointments to the newly created sub- committee to address issues related to rebuilding and building out. Chairman Emling asked for volunteers for the subcommittee. Commissioners Carico and Pahl volunteered. 7.4 Discussion of Planning Commission Rules of Order. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Carico and passed by consensus to adopt Roberts Rules of Order so long as the Town's Municipal Code provided for that option. Chairman Emling referred to the Joint Meeting scheduled for Saturday, March 10th, 1990 to note that he was unable to attend on this date until after 11:00 a.m. Commissioners Carico and Stutz also noted schedule conflicts. The commissioners and City Council representative Mayor Toni Casey discussed possibilities for rescheduling; Monday evening April 2nd or 9th, or Saturday, April 7 were possibilities referred to Ms. Casey for discussion at the next City Council meeting. 8. OLD BUSINESS 8.1 Discussion of Site Development controls related to the color of structures. The commissioners discussed non -reflective earthtones, the relevance of the characteristics of the site to dictating certain colors, and the effects of surface materials, like stucco. Staff was directed to establish a color chart denoting which colors were 4 appropriate for various types of topography. 8.2 Discussion of the Planning Commission Work Program. PLANNING COMMISSION MINUTES 4 February 28th, 1990 Page 13 Approved PASSED BY CONSENSUS to defer this item to a future Planning Commission meeting. 9. ADJOURNMENT Commissioner Stutz asked that a walkway on the corner of Concepcion and Purissima be inspected to verify its placement,as it was conditioned to be adjacent to the property line. Commissioner Pahl noted a new silver cyclone fence and suggested it is time to consider a fence ordinance. Ann Jamison noted that Staff does attempt to impose conditions on applicants for green vinyl covering on cyclone fencing and adequate mitigation. Ms. Jamison also asked for clear direction from the Commission relative to fences. Commissioner Pahl asked that this be agendized for a subsequent Planning Commission meeting. Chairman Emling noted that Chaparral Road at Moody needed attention due to recent rains. Bill Ekern noted this was a private road and he would contact the association 4 responsible for maintenance of the road. The meeting was adjourned by consensus at 10:45 p.m. Respectfully submitted, Laura Johnson Planning Secretary 4