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HomeMy WebLinkAbout07/25/19904W PLANNING COMMISSION MINUTES OF THE REGULAR MEETING TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD LOS ALTOS HILLS, CALIFORNIA WEDNESDAY, JULY 25TH, 1990 cc: Cassette #1490(1) 1. ADMINISTRATION OF OATH OF OFFICE TO THE NEW PLANNING No action was taken on this item as the two new commissioners were unable to attend this meeting. 2. ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Vice -Chair Jones and Commissioners Carico, Comiso, Noel, Pahl Absent: Commissioners Ellinger, Stutz Staff: Bill Ekern, Director of Public Works; Ann Jamison, Planning Director 3. CONSENT CALENDAR 3.1 Approval of the Minutes of the July IIth,1990 meeting. MOTION SECONDED AND PASSED: Motion by Noel, seconded by Comiso, and passed by consensus to approve the minutes of July 11th, 1990. Vice -Chair Jones noted Items 5.2 and 5.3 had been withdrawn and public hearings would not be held. He suggested any questions regarding the yard waste recycling program be asked under Presentations From the Floor. He noted the Town is no longer considering the two sites discussed in 5.2 and 5.3. Ann Jamison referred to Item 5.1 Lands of Wiedman, noting she received a facsimile from Mr. Peterson's attorney regarding a dispute relative to ownership of this property. She noted the City Attorney and acting attorney were not available for discussion to determine what the most appropriate action would be. She noted the Planning Commission's advisory capacity to the City Council and that any action they took would not be a final determination on this tentative map application. 4W PLANNING COMMISSION MINUTES July 25th, 1990 4 Page 2 4. PRESENTATIONS FROM THE FLOOR Approved In response to a question from Commissioner Carico, Bill Ekern noted that Staff was looking at the whole spectrum of yard waste recycling, sites are one aspect of the program presently under review. Commissioner Comiso requested Staff forward a request to the City Council for a legal opinion on Byrne Park and uses, how the Town stands legally, and a description of parks, recreation, and open space. Jack Weissman, 12119 Foothill Lane, expressed concerns with the garbage and recycling program and questioned the status of the Town's contract with LAGCO. Vice -Chair Jones explained that as of the City Council meeting of July 24th, 1990, the contract was approved. He noted the possibility a general discussion of the recycling program would be agendized for the September 12th meeting of the Commission. John Geramino, attorney representing the Peterson estate, noted there was no issue over ownership on this property at this time. A petition was filed for the decedent kw by Mr. Geramino. The estate will be distributed to the heirs of Mrs. Peterson in a remainder fee interest, with a life estate for Mr. Peterson. He noted there is a dispute as to Mr. Peterson's life estate, which has nothing to do with the title or subdividing. He noted they had filed in good faith and hoped to complete the subdivision as efficiently as possible to pay off estate taxes. Commissioner Pahl noted the faxed letter appeared to indicate that under a life estate, Mr. Peterson is entitled to the entire property for his life estate. If that is correct, any action of the Commission would be set aside as Mrs. Wiedman didn't have legal right to the property. Mr. Geramino noted the issue is Mr. Peterson's life estate and whether he has a right to any money resulting from sale of a portion of the property. Ann Jamison noted Staff was not questioning anyone's integrity. She further noted she would confer with the City Attorney as soon as possible to find out what the disposition of this issue would be and if the Commission heard the application, she would make certain a legal determination was made prior to it proceeding any further through the process. The Commission voted to consider the application by the following vote: 4 Ayes: Jones, Comiso, Pahl; Noes: Carico, Noel. PLANNING COMMISSION MINUTES Approved July 25th, 1990 4 Page 3 5. PUBLIC HEARINGS 5.1 LANDS OF WIEDMAN, 13930 La Paloma Road, A request for a Tentative Map, Conditional Exception, and certification of a mitigated negative declaration. Planning Commission Disclosures: Vice -Chair Jones asked whether there were any objections to adopting Commissioner Pahl's suggestion for this and future Planning Commission Disclosures for Public Hearing: it will be assumed each Commissioner has visited the property and not spoken with the applicant, and anyone with any further disclosures should state them. There were no objections. Ann Jamison introduced this item, outlining the quantitative analysis. She noted key issues of concern included access to the rear lot and the Turek's property and a conditional exception to the 30' half street right-of-way, preservation of the sense of openness along La Paloma Road and setbacks, and parking and fencing in the setbacks. She noted the overall subdivision is in accordance with the Town's ordinances. Commissioner Pahl expressed concern that if all residences along La Paloma Road are required to have an 80' setback, the houses will line up 80' back from the road. Ann Jamison responded that variation of setbacks by about ten feet would probably no prevent line up, and with an 80' setback, any line-up would not be as apparent as if it were at the 40'foot setback. The Public Hearing was opened. Susan Popylisen, Giuliani and Kull, civil engineer for the project, requested the Commission's consideration of allowance of parking within the second 40' of the setback. The parking would be for visitors, so they would prefer it to be in the front of the house where it is more usable. She referred to Staff's option for an open space easement on the property and noted they would prefer to record a deed restriction on the property, as had been done on the Nelson property. In response to a question from Commissioner Pahl, Ann Jamison noted during the discussion of the Nelson subdivision and site development permit, Commissioner Stutz noted the setback established for openness would allow a solid six foot wall or fence with the 80' setback that would impact the sense of openness along the street. Ms. Jamison suggested this as one way to address that concern. Vice -Chair Jones questioned whether the applicant had any concerns with the Staff `r recommended conditions. Susan Popylisen responded their only concerns related to Condition #15, as she had outlined. PLANNING COMMISSION MINUTES July 25th, 1990 Page 4 Approved Jacquie Wiedman, applicant, thanked the Commission for hearing the application at this meeting. The Public Hearing was closed. MOTION SECONDED AND PASSED: Motion by Carico, seconded by Noel to recommend certification of the mitigated negative declaration for the subdivision. AYES: Vice -Chair Jones and Commissioners Carico, Comiso, Noel, Pahl NOES: None ABSENT: Commissioners Ellinger, Stutz MOTION FAILED: Motion by Carico, failed due to lack of a second, to substitute dedication of an Open Space Easement for Staff Recommended Condition #15 Bill Ekern noted the open space easement and deed restriction have the same language and effect, the former shows up on the map, and the latter shows up as a recorded instrument subsequent to the map and can be problematic in tracking. `, MOTION SECONDED AND FAILED: Motion by Pahl, seconded by Noel to recommend adoption of Staff recommended conditions 1 - 18 with the following Condition #15, and approval of the Tentative Map to the City Council. 15. The applicant shall record a deed restriction to run with the land, which may not be removed without the approval of the Los Altos Hills City Council, outling the following: Development to occur on lot 1 shall be designed to protect the openness of the La Paloma Road corridor. In order to accomplish this, development on this parcel shall be setback 80' from the right-of-way of La Paloma Road and shall be no greater than 23 'in height. All other setbacks and other restrictions shall be in accordance with code requirements in place at the time of development. AYES: Commissioners Comiso and Pahl NOES: Vice -Chair Jones and Commissioner Carico ABSENT: Commissioners Ellinger, Stutz ABSTAIN: Commissioner Noel Commissioner Pahl noted the motion did not extend to allowance of parking within the setback but the issue may deserve consideration when the Site Development Permit for the new residence is reviewed. `. Vice -Chair Jones explained he voted 'no' as he felt the fence restriction should be included. PLANNING COMMISSION MINUTES July 25th, 1990 4 Page 5 Approved Commissioner Noel noted his abstention was due to the legal problems presented, and the lack of an official recommendation from the City Attorney relative to how to proceed with consideration of the application. MOTION SECONDED AND FAILED: Motion by Carico, seconded by Jones to recommend approval of the Tentative Map to the City Council with the Conditional Exception, noting the findings of Staff, with Staff Recommended Conditions 1 - 18. AYES: Vice -Chair Jones and Commissioner Carico NOES: Commissioners Comiso, Pahl ABSENT: Commissioners Ellinger, Stutz ABSTAIN: Commissioner Noel MOTION: Motion by Carico, failed due to lack of a second that when the legal issues are resolved, the application return to the Planning Commission. MOTION SECONDED AND PASSED: Motion by Noel, seconded by Comiso to forward the application to the City Council without any recommendations. 4 AYES: Vice -Chair Jones and Commissioners Comiso, Pahl, Noel NOES: None ABSENT: Commissioners Ellinger, Stutz ABSTAIN: Commissioner Carico 5.2 LANDS OF THE LOS ALTOS FIRE DISTRICT, Arastradero Road at Horseshoe Lane, A request for a Conditional Use Permit to allow a yard waste recycling collection facility and a Site Development Permit. This item was withdrawn at the request of Staff. 5.3 LANDS OF LOS ALTOS HILLS, Altamont Road (Westwind Barn), A request for a Conditional Use Permit to allow a yard waste recycling collection facility and a Site Development Permit. This item was withdrawn at the request of Staff. 6. NEW BUSINESS 6.1 Discussion of the location of Council and Site Development Committee Reports on the agenda. #AW Vice -Chair Jones asked whether there were any objections to moving the Council and Site Development reports to follow 'Old Business' on future agendas. PLANNING COMMISSION MINUTES Approved July 25th, 1990 4 Page 6 Commissioner Pahl requested the Consent Calendar also follow 'Old Business'. The Commission agreed by consensus to adopt this ordering of items. 7. OLD BUSINESS 7.1 Selection of the 1990/91 Chair and Vice -Chair Commissioner Comiso noted there were no Planning Commission meetings in August and suggested waiting until September to make the selections. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso, and passed by consensus, with Commissioner Carico dissenting, to continue selection of the 1990/91 Chair and Vice Chair to the first meeting in September. Commissioner Carico noted it might be easier to vote in the new Chair now. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Noel and passed by consensus to reconsider the motion to continue selection of the Chair and Vice - Chair, and appoint Vice -Chair Jones as Chair for 1990/91. Commissioner Carico made and withdrew a motion to select Commissioner Noel as Vice -Chair. In response to a question from Commissioner Noel, the Commission discussed Commissioner Stutz's interest in the position. 8. REPORT FROM THE CITY COUNCIL MEETING OF JULY 24TH, 1990 Commissioner Comiso reported Mary Stutz was reappointed and Rick Ellinger was newly appointed to the Planning Commission. She noted the City Council denied without prejudice the Lands of McDonald request for a Conditional Development Permit, Variances, and a Site Development Permit for a new residence to allow the applicant to return to the Council sitting as the Site Development Authority with a request for a residence less than 3500 square feet in size. She also reported an appeal by a neighbor of Lands of Saviano Site Development Permit for a new residence, swimming pool, and tennis court was granted to delete the tennis court with acknowledgement that future development of a tennis court is not precluded. 9. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETING OF JULY 17TH AND JULY 24TH, 1990 July 17th, 1990: Ann Jamison reported two items were reviewed and approved: McLaren, minor driveway and addition, there were no significant concerns. Kam, paint color, two samples were approved, one gray, one grayish -beige. PLANNING COMMISSION MINUTES July 25th, 1990 4W Page 7 It! Approved July 24th, 1990, Ann Jamison reported one item was reviewed and approved: Stanley, swimming pool, decking, landscaping, there were no significant concerns. 10. ADJOURNMENT MOTION SECONDED AND PASSED: Motion by Noel, seconded by Jones and passed by consensus to adjourn the meeting at 8:50 p.m. Respectfully submitted, Laura Johnson Planning Secretary