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HomeMy WebLinkAbout02/26/1992APPROVED Minutes of a Regular Meeting Town of Los Altos Hills PLANNING COMMISSION February 26th, 1992, 7:30 P.M. mbers, 26379 Fremont Road cc: Cassettes SS-Yz lt/, 5-Yz tz/, 0—W) 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Chairman Noel called the Planning Commission meeting to order at 7:30 p.m. in the Council Chambers at Town Hall. Present: Chairman Noel and Commissioners Cheng, Comiso, Ellinger, Jones, Pahl, Stutz Absent: None Staff: Linda Niles, Town Planner; Jeff Peterson, City Engineer; Laura Johnson, Planning Secretary L. 2. PRESENTATIONS FROM THE FLOOR There were no presentations from the floor. 3. CONSENT CALENDAR MOTION SECONDED AND PASSED: Motion by Jones, seconded by Pahl and passed to approve the Consent Calendar, specifically: 3.1 LANDS OF HOOVER, File #335 -91 -TM, APN 175-23-002,13820 La Paloma Road: Acceptance of an application for a tentative subdivision map 3.2 Approval of the minutes of January 22, 1992 AYES: Chairman Noel and Commissioners Cheng, Comiso, Ellinger, Jones, Pahl, Stutz NOES: None 4. PUBLIC HEARINGS Planning Commission Disclosures: Commissioner Comiso noted that she had spoken with Mr. and Mrs. Komo. 1*20 4.1 LANDS OF SEELEY, 27501 Black Mountain Road: A request for a Site Development permit for an Addition/ Remodel and Pool House Planning Commission Minutes APPROVED February 26, 1992 Page 2 4 MOTION SECONDED AND PASSED: Motion by Comiso, seconded by Pahl and passed by consensus to continue this item to the Planning Commission meeting of March 11, 1992. 4.2 LANDS OF SYKES, 26932 Beatrice Lane: A request for a Site Development permit for an Addition/ Remodel and Swimming Pool Linda Niles introduced this item, outlining the quantitative information and noting the proposed development conforms with the Zoning and Site Development Ordinance, requires minimal grading, and the addition is designed to match the existing residence. The Public Hearing was opened. Lou Dorcich, project architect, noted he concurred with the conditions recommended in the Staff Report, and would answer any questions from the Commission. In response to a question from Commissioner Comiso, Mr. Dorcich noted the property had been surveyed and a copy forwarded to the Planning Department. 6 The Public Hearing was closed. Commissioner Jones referred to Staff Recommended Condition #6, to make it clear to the applicant that certification is required after the foundation is poured. Mr. Dorcich noted they would prefer to have the survey when the forms are set. Ms. Niles clarified that Staff Recommended Condition #6 allows for the survey to be done at the time the forms for the foundation are placed, and thereafter prior to the building permit final. Commissioner Comiso explained that the Commission is concerned with projects located right at the setback particularly because the Commission had just reviewed a project where the foundation was poured in the setback. MOTION SECONDED AND PASSED: Motion by Comiso, seconded by Cheng and passed to approve the Site Development permit for an Addition/Remodel and Swimming Pool with Staff Recommended Conditions 1 - 8. AYES: Chairman Noel and Commissioners Cheng, Comiso, Ellinger, Jones, Pahl, Stutz kbW NOES: None Planning Commission Minutes APPROVED February 26, 1992 (� Page 3 The Commission requested that Town planning Worksheets 1 and 2 not be included in the Staff Reports. 4.3 LANDS OF KOMO, 23225 Ravensbury Avenue: A request for a Site Development permit for an Addition Linda Niles introduced this item noting the applicant brought in plans (distributed to the Commission at their seats) that show the correct square footage of the addition. The applicant requests removal of 136 square feet of the residence and reconfiguration of the shed so it will not count as floor area. The addition was originally submitted at 471 square feet, on a site visit, Staff noted the horse shed, and the applicant subsequently offered to remove the two walls so the amount of floor area would conform with what it allowed on the site. Commissioner Pahl noted difficulty moving forward with the application at this time. He noted he disliked receiving plans just before the meeting. Ms. Niles clarified that if the applicant removed the shed, it doesn't need to be shown on the plans, just clarified in the conditions that it is to be removed. The Public Hearing was opened. John Komo, applicant, apologized for the late submittal of the plans. He noted he thought they would be able to work out the issues tonight, and the working drawings would also reflect the changes. Commissioner Jones noted he had the same problem as Commissioner Pahl. When he went out to the site, he didn't know what the project was. Jeffrey Bate, 23344 Camino Hermoso, noted he and his wife found the plans pleasing. He did note that two years ago the applicant had done another addition and had said it would be the last one. Commissioner Comiso noted the applicant was removing a portion of the existing residence. Chairman Noel noted the applicant had built to the maximum floor area allowed on the site with this project. If anything, the Town's requirements would become more restrictive and a variance for floor area was not likely. The Public Hearing was closed. MOTION: The Commission agreed by consensus to review the application at this meeting. Planning Commission Minutes APPROVED February 26, 1992 Page 4 Commissioner Comiso noted the Commission had come up against a situation they did not wish to have. She noted the Commission needed completed plans well ahead of time. MOTION SECONDED AND PASSED: Motion by Ettinger, seconded by Cheng and passed to approve the Site Development permit for an Addition with Staff Recommended Conditions 1 - 7 and the following Condition 8: 8. Two walls of the enclosed shed shall be removed so it is no longer counted as floor area. AYES: Chairman Noel and Commissioners Cheng, Comiso, Ellinger, Jones, Stutz NOES: None ABSTAIN: Commissioner Pahl Commissioner Pahl noted that the project he reviewed at the site was not the project that was approved. He noted he would continue to abstain when the information submitted for an application is incomplete. 4.4 LANDS OF LIU, 26751 Almaden Court: A request for a Site Development permit for a New Residence and Swimming Pool Linda Niles introduced this item, noting the applicant proposed considerable grading to set the structure into the site. To address traffic safety concerns in regard to trucks required for the 2460 cubic yards of export, Staff included Condition #8. The proposed project is at the maximum floor area allowed for the site at 5337 square feet, and 719 square feet of development area remain. The property to the south of the subject property is currently undeveloped, and most of the neighboring houses views are directed away from the subject property. Staff had drainage concerns which the applicant has addressed. The Public Hearing was opened. Bob Owen, representing the applicant, noted the project had begun some time ago with previous Town staff. The site is difficult, located at the end of a cul-de-sac. With this submittal, the residence has been redesigned in a mediterranean style to eliminate some of the bulk, and they will be using a clay tile roof. The house follows the contours of the site as best possible with the constraints of the site. Mr. Owen noted he had spoken with Linda Niles regarding truck traffic from the export of materials. The process would probably take about a week, and use of a flagman would be smart. Ms. Niles noted an additional condition of approval that might be appropriate, requiring the limitation of the height of landscaping along the south and east sides of the property. Planning Commission Minutes APPROVED February 26, 1992 Page 5 to Terry McDaniel, 10417 Lone Oak Lane, noted the house was massive and she felt the neighbors would disappointed when the house was built. 'Owen' houses are appropriate for flat lots, and there are problems with adapting the design to hilltop sites. Mr. Owen noted they concurred with the Staff Recommended Conditions of Approval. Mr. Arnold, 26951 Almaden Court, noted he appreciated the landscape height limitation as they have enjoyed the view for 25 years. He noted he had reviewed the plans and felt the house was acceptable. Carol Gottlieb, representing the Pathways Committee, noted there was no notation on the plans of the emergency access road, that is held in reserve until the neighboring property is developed; this access road also contains a pathway easement. Ms. Niles clarified that the 40 foot street easement was abandoned, but a 20 foot pathway and emergency access easement is still reserved. Ms. Gottlieb requested a pathway over the easement. If the emergency road is resurfaced, she requested that it be done in such a way that it does not become impassable for horses and that any damage from construction trucks be repaired. Carol Gottlieb, resident, noted she felt the subject site was a ridgeline, and that the proposed development would block the views of the undeveloped property. It appears to be three stories in the interior. She felt the neighbors would be shocked at how the house will stand up on the hill. The Public Hearing was closed. In response to a question from Commissioner Stutz, Mr. Owen noted that he had looked at the site with Staff and the geology constrains the buildable area. They looked at construction of a single story residence that stepped up the hill and found it couldn't be done. Commissioner Pahl noted Staff Recommended Condition #10, requiring containment of construction vehicles and equipment on site, had never been applied before. Commissioner Ellinger asked whether Staff had assured themselves that a one story residence is not workable on the site. Ms. Niles responded that she had considered the proposed residence. obw Commissioner Stutz noted the proposed development did not meet the intent of the General Plan as it is a two story residence on a hilltop. 4 Planning Commission Minutes APPROVED February 26, 1992 Page 6 Commissioner Pahl noted the General Plan doesn't prohibit a two story residence on a hilltop, but allowed consideration with appropriate mitigation. Two properties overlook the site, and one of the owners of the property spoke tonight. He felt the site was not visible, located almost in a meadow. He noted he did not like three story houses, but the site analysis letter from Staff specifically says to put the garage under the house. Staff took it upon themselves to set policy, and while it may be inappropriate, there is no Staff remaining at Town Hall that participated in the review. Commissioner Noel noted his agreement with Commissioner Pahl. Commissioner Comiso noted that she recalled the Commission participating in a site analysis some time ago, and one suggestion made was to put the garage under the house. She questioned with the geologic and geotechnical constraints on the property whether they should suggest anything but placing the garage under the house. Commissioners Jones and Ellinger noted concerns with the safety of the lower patio and the proposed pool. Jeff Peterson clarified that the stability of the house is required to be reviewed by a structural engineer as a part of the building permit, and can be built to withstand considerable seismic and lateral forces. Commissioner Comiso noted the residence had been referred to as a three story house. Many houses in Town have basements which don't count into floor area as they are six feet below grade. In addition, no one will see the garage as it will be hidden by the earth. The Commission discussed construction of a pathway. Ms. Gottlieb noted it is better to have a constructed pathway to ensure it will stay there. The Town can ask for the pathway to be constructed anywhere within the easement. MOTION SECONDED AND FAILED: Motion by Ellinger, seconded by Stutz and passed to continue this item for re -design on the basis that it is too much house for the property. AYES: Commissioners Ellinger, Stutz NOES: Chairman Noel and Commissioners Cheng, Comiso, Jones, Pahl Mr. Owen noted that spreading the house over the site will result in more water draining off the site, as well as making a more visible structure. Only the neighbor to the right can see the residence, when entering his garage. It is not a hilltop lot, neighboring properties can look over it. MOTION SECONDED AND PASSED: Motion by Comiso, seconded by Jones and passed to approve the Site Development permit for a New Residence and Planning Commission Minutes February 26, 1992 Page 7 APPROVED 6 Swimming Pool with Staff Recommended Conditions 1 - 8, and with the following Conditions 9 - 14: 9. No building permit final will be issued until any damage to Almaden Court and to the fire access road caused by construction of the project is repaired to the satisfaction of the City Engineer. 10. The fourth required parking space proposed to be located on the driveway apron shall be a minimum dimension of 10' by 20'. 11. Retaining wall designs and calculations shall be reviewed and approved by the City Engineer prior to issuance of a building permit. 12. Pool water shall be neutralized prior to draining or shall be routed through the septic system. Pool water shall not be allowed to drain into the storm drain system. 13. The height of landscaping, including plantings, shall be limited to preserve view corridors of properties along the south and east sides of the subject property . 14. Pathway shall be constructed within the 20' right-of-way of the emergency access easement. AYES: Chairman Noel and Commissioners Cheng, Comiso, Jones, Pahl NOES: Commissioners Ellinger, Stutz The Commission took a brief recess at 9:05 p.m. 4.5 LANDS OF FLACK, 13070 Alta Lane South, #280-91-ZP-SD-CUP: A request to establish a Conditional Use Permit for a cellular telephone "Cell Site" facility and a Site Development Permit for a Remodel, Pool House, and Decking Commissioner Comiso noted she had spoken with Staff regarding the cell -site. She felt property owners were not duly noticed as the notice did not state that the cell - site was operating as a public utility. Commissioner Pahl noted no picture of the proposed equipment was provided for the Commission's review. MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso and ( passed to continue this item to the Planning Commission meeting of March 11, 1992, for a complete application and because residents were not duly noticed. Planning Commission Minutes APPROVED February 26, 1992 Page 8 AYES: Chairman Noel and Commissioners Cheng, Comiso, Ettinger, Jones, Pahl, Stutz NOES: None Commissioner Pahl disclosed that he was a client of Cellular One. Commissioner Jones noted that a complete application requires radiological safety information. He requested that the applicant provide a copy of the U.S. Bureau of Radiological Health Standard for microwave radiation leakage." Linda Niles clarified that elevations are shown on sheet A-2, and on both the last two sheets submitted for the Commission's review. Commissioner Pahl noted he would like to see how the equipment will be attached, what it will look like, how it will be painted, and the view from off-site. MOTION: The Commission agreed by consensus to allow residents who were unable to attend the next Planning Commission meeting to speak at this time. The Public Hearing was opened. Jim Flack, applicant, noted they had been renovating their home for a number of years. Working on outbuildings was the last phase. He noted he was surprised when Cellular One approached him about housing a cell-site, but had felt that if it was going to be somewhere in the neighborhood, he would prefer to oversee it. He noted his concern with anything that would detract from the originality of his home. The antennas are the same size as some canister lights on his home, and are difficult to see from off-site. Bob Sobel, 13081 Alta Lane South, noted he was incredulous that there was going to be an antenna tower. He noted he would feel unsafe living near a transmission source, even if experts came in with statistics saying how safe it was. In addition, future homeowner may not have any idea what is there. He felt the fire protection system proposed for the equipment room also indicated there are fire safety issues. Mrs. Szabo, 13080 Alta Lane South, noted the area was strictly residential. She raised her children there, and hoped to be able to have grandchildren visit her there. Mrs. Szabo has health problems and her doctor has great concern relative to the transmission. She noted they made the effort financially to live in a rural environment, and she was concerned the property value would be impacted. Valerie Beatts, 13171 Alta Lane South, noted her property gets drainage from this ( property already. She is concerned with the septic leachfield and water seeping from the hillside. She also wished to add her concerns regarding the microwaves, noting she is 100% opposed to the cell-site. Planning Commission Minutes APPROVED February 26, 1992 Page 9 Jerome Bishop, 13031 Alta Tierra, noted concern with the intrusion of a commercial interest in a rural area. He suggested a report from an uninterested third party regarding the safety of the antenna. Joe Szabo, 13080 Alta Lane South, noted concern with equipment accessing the cell - site as there is no public turnaround. A truck would have to back uphill to get out. He noted he would like to see an EIR, more extensive than the review entailed in a Conditional Use Permit. The Public Hearing was continued to the next Planning Commission meeting. The Commission took a brief recess at 9:50 p.m. Commissioner Stutz left the meeting. 4.6 LANDS OF LAUB, File #344 -90 -TM, APN 175-32-012, 27210 Fremont Road: A request for approval of a Tentative Map for a four -lot subdivision Linda Niles introduced this item, giving a brief history, outlining issues that were addressed with this new submittal. Flood plain issues have been addressed and a letter from the Federal Emergency Management Agency (FEMA) has been provided. She noted Staff concern with the design of the bridge in the area of the existing Oak trees, as well as with the access easement width and whether it should be public or private. Staff was advised by the Assistant Fire Marshall that 'Ramon' Lane was not workable as there is already a street with this name in the City of Los Altos; the Town Historian was contacted for a recommendation. The existing residence lies on proposed lot 3, and lot 4 is open for development but the swimming pool and equipment for the existing residence on lot 3 lie within lot 4's setback. Staff recommends recordation of a covenant requiring removal of the pool and equipment when either lot is sold. The applicant has requested that building permits be allowed on lot 3 for the existing residence. A conservation easement is required along Barron Creek along Fremont and Arastradero Roads. The lot lines for proposed lots 2 and 3 were extended to address Oak tree driplines. The Commission should address the issue of pathways as there is no space along the subject property on Fremont Road with Barron Creek, and there is an existing pathway across the street. In addition, the master pathway plan shows a pathway proposed on Old Trace Lane. Commissioner Pahl referred to Staff Recommended Condition #21, noting concerns with enforcing the removal of the pool on lot 4 as the condition was not self enforcing and could require the Town to force compliance. He clarified that he had no problem with the concept, only with the process. Jeff Peterson, City Engineer, noted that a bond could be placed with the Town. Ms. Niles noted that she had spoken with the City Attorney about this condition, but would get a formal opinion on the issue. Planning Commission Minutes February 26, 1992 Page 10 6 The Public Hearing was opened. APPROVED Carol Gottlieb, 24290 Summerhill Avenue, representing the Pathways Committee noted there were designated pathways on both sides of Fremont Road. If the guard rail was moved closer to the road, a pathway could be constructed along the subject property. The Committee requested a path on the new road, even if it only serves this new cul-de-sac. She noted the Committee had also spoken with the City of Palo Alto regarding putting a pathway through the Esther Clark property, undergoing subdivision, to the Esther Clark Park. The Committee requested that a path across the subject property be held for two years to see if a path getting through to the park can be worked out. The Commission discussed possibilities for pathways. Jean Struthers, 13690 Robleda Road, also suggested moving the existing guard rail. She suggested an in -lieu fee be charged to the subdivider for the cost of a regular pathway, with creative funding for the remainder cost of construction of a path in this difficult area. Ms. Gottlieb also suggested a pathway inside of the creek, as is the case on Baleri Ranch. 4 Donald Laub, applicant, noted he had come to the Los Altos Hills for the rural environment and to plant trees and kiwi vines, and intended to continue to live here. He noted that with this submittal, they responded to all of Staff and the Commission's concerns. Two bridge possibilities were engineered to address the problem of preserving Oak trees. The lot lines were reconfigured to address concerns with slopes. The lot constrained by the flood plain was enlarged, and the letter obtained from FEMA. He introduced his consultants on the project. In response to a question from Commissioner Ellinger regarding pathways, Mr. Laub noted the existing pathway gets a great deal of use on weekdays and weekends. He felt a pathway on the side of the subject property would be dangerous as the creek encroaches on the road right-of-way. Pat Webb, project planner, presented a series of overheads, including a map overlay depicting the lot configuration of the previous and current submittals. Regarding, lot #1 , a conditional determination was obtained from FEMA indicating that the buildable area of the lot is less constrained by 100 -year flooding. The creek is further contained than shown on the FEMA map of 1978. Lot 2 is larger to improve developability. Lot 3 was reconfigured to include the existing residence. The areas shown are artificial, from benches for the kiwi tree planting, and the applicant requests that this not be placed in a conservation easement as the actual slope is between 25 and 28%, and they wish to retain the option of continuing the kmw agricultural use or removing the kiwi trees. Lot #4 is open for development and has a slope of about 10%. They have worked with the Santa Clara Valley Water Planning Commission Minutes APPROVED February 26, 1992 Le Page 11 Le District, and the Department of Fish and Game to ensure compliance with each of these jurisdictions. Ms. Webb presented an overhead of three alternatives for the right of way alignments. She noted the Town Geotechnical Consultant accepted the report from the project geotechnical consultant and there were no major issues. Geotechnical setback from the creek will be shown on the final drawings. A photograph of Fremont Road, along the guard rail was presented. Ms. Webb noted that neighbors at the last Planning Commission meeting were not interested in sole access through the road when Old Trace Lane can take pathway users right into Clark Park. Ms. Webb referred to the Staff Recommended Conditions of Approval, noting that generally all conditions were acceptable. They were looking at alternate names for the new road. She referred to Condition #5, requesting the new road be private so the Laub's could retain control. They would like to leave the option open for Seiger and Simon to access their properties through this new road. It is to be built to Town Standards, and could be dedicated later. She requested deletion of Condition #14. Kent Mitchell, applicant's attorney, addressed Condition #21, noting they were looking for a quick and law -suit free method to ensure removal of the pool and pool equipment. He suggested a deed of trust in favor of the Town, securing the obligation of the owner, that they would be required to remove nonconforming structures. Commissioner Pahl noted his opposition to putting the Town to the difficulty of suing or noticing default to ensure the removal of the nonconforming structures. He suggested a performance bond which the Town could draw upon in the event of non-compliance. Mr. Mitchell suggested that a combination of a deed of trust and a performance bond might be appropriate. Ed Boscaci, project hydrologist, referred to Condition 15, requiring the rate of runoff not be increased. He noted that in this case they are discharging by storm drain directly into the creek and SCVWD has a detention basin at Gunn High School. Detaining water for this minimal reach of channel serves no technical good. He noted SCVWD has expressed no concern about the increase in the rate of run off and requested this sentence be removed. They plan to put in a drainage system along the creek as required. Jeff Peterson clarified that this standard condition requires that the rate of runoff not be increased, 'or volume' should be removed. There are ways to achieve this besides a detention system or piping. Increasing pervious surfaces could conceivably minimize the rate of run-off. Having the applicant strive to reduce the runoff by natural means, like vegetation, would be a reasonable condition. Planning Commission Minutes APPROVED February 26, 1992 Page 12 %W Mr. Boscaci, in response to a question from Commissioner Pahl, noted the storm drain system is designed for a ten-year storm, which they are in accord with. The issue is whether methods should be looked at on site for reducing from the level of runoff that will occur with these buildings in place, down to the level of runoff that is currently occurring. Given the location near the detention system, there really is no benefit to do it. Mr. Peterson noted that on past development where a system to keep the rate of runoff at pre -development levels was not possible, the Town has requested in -lieu fees. Joe Seiger, 27017 Old Trace Lane, noted his support of the subdivision. He explained that pathway users use the pathway on the Palo Alto side of Arastradero Road and cross Arastradero Road onto Fremont Road on the side opposite the subdivision. The pathway on the subdivision side of Fremont Road ends at Old Trace Lane as the creek abuts the road, and creation of a pathway along the creek would create problems. He also requested sound attenuation measures be taken in regard to house siting and outdoor living area. Jack Simon, 27075 Old Trace Lane, noted he was in favor of the subdivision as it improved the area tremendously. He felt the applicant was responsive to neighbors 4 needs in the development of the tentative map. Commissioner Pahl suggested a condition, that on the sale of lot #4, the owner of lot #3 shall be required to remove the nonconforming structures and to complete a bond in favor of the Town. The Town shall be granted an easement over lots 3 and 4 to remove these structures. Joe Szabo, project engineer, noted both lots 3 and 4 had a LUF in excess of 1.0, and a lot line adjustment could be considered in the future. MOTION SECONDED AND PASSED: Motion by Comiso, seconded by Jones and passed by consensus to go past 11:30 p.m. The Public Hearing was closed. Commissioner Pahl commended the applicant and his agents on a great presentation, noting the re -submittal was a much better project than the project previously before the Commission. Mr. Peterson recommended the addition of condition 12A: The existing creekbank rip -rap shall be repaired to the approval of the SCVWD. He noted concerns regarding the bridge and the proximity to a 12" and a 24" Oak tree. He noted the C bridge would require excavation, as well as the permanent structure, and it appears there is very little area between the tree and the concrete structure. Also the 12" Oak tree appears to be about one foot off of the U -channel of the structure. Le Planning Commission Minutes APPROVED February 26, 1992 Page 13 The applicant's landscape architect was not available. Pat Webb clarified they had construction guidelines from a landscape architect who was an expert in this area, and any digging work done close by the trees would be done by hand. If the roots are clean cut, the tree can survive. The applicant is aware this will require very careful construction, and will probably by costly. Mr. Peterson noted that if the roots are cut within 1 - 2 feet of the tree, it will lose stability, especially with the wet soil along the creek. Pat Webb noted they would not undertake the work without the direction of an arborist and a landscape architect. They are committed to preserving the trees, but if something happened they would replace at a ratio of 3:1. Mr. Szabo noted the retaining wall will help the tree stay erect. Commissioner Jones noted concern with allowing lots 3 and 4, as it may establish a precedent. He suggested leaving a remainder parcel, which the applicant could apply for a lot split on at such time as he wished to develop the property. The Commission discussed requirement of a public versus a private road. There was discussion of whether Town policy dictated that new roads serving more than four residences should be required to be public. Commissioner Comiso noted that if it was a public road, the Town would have to maintain the bridge as well. Pat Webb suggested the Town consider dedication of the road at such time as access to the other two properties (currently 27017 Old Trace Lane and 27075 Old Trace Lane) is requested. MOTION SECONDED AND PASSED: Motion by Ellinger, seconded by Pahl and passed to recommend approval of the Tentative Map, with the exception of the public/private road issue, with the following conditions: LAND AND EASEMENT DEDICATION 1. A Conservation Easement for the protection of riparian habitat on Barron Creek shall be dedicated as shown on the Tentative Map. This dedication noting the restrictions shall be made in the Owner's Certificate on the Final Map. No grading or structures of any kind shall be allowed within this easement and no tree or other vegetation removal shall be allowed within this easement without prior approval of the Site Development Authority of the Town of Los Altos Hills. 2. A Conservation Easement for the protection of Oak trees and slopes in excess of 30%, excluding the artificially bench marked area, shall be dedicated on Lot 3, as Planning Commission Minutes APPROVED February 26, 1992 Page 14 shown on Exhibit "A", the red -lined Tentative Map, attached. No grading or structure of any kind is allowed within this easement. This dedication noting these restrictions shall be made in the Owner's Certificate on the Final Map. 3. The Final Map shall note the Geotechnical Hazard Setback along the creek bank, as shown on the Tentative Map. The location of this line shall be verified by the applicant's Geotechnical Consultant on the Final Map. 4. An easement for Creek Maintenance shall be granted to the Santa Clara Valley Water District for the maintenance of Barron Creek. This easement must clearly state that no work may occur within the area of the Conservation Easement without prior approval from the Site Development Authority of the Town of Los Altos Hills. This easement shall be recorded on the Final Map and the restrictions shall be noted in the Owner's Certificate. 6. All utility easements, including sanitary and storm sewer, are to be twenty feet in width. 6.A. Per Municipal Code, the property lines at the Fremont Road and Arastradero Road intersection shall be rounded with the curve having a radius not less then 35 feet. 4 PUBLIC UTILITIES 7. All lots shall be connected to sanitary sewer prior to recordation of the Final Map. Or a bond shall be posted prior to recordation of the map for the construction of the sanitary sewer, to the satisfaction of the Director of Public Works. Said construction shall be completed prior to issuance of any building permits for the lots within the subdivision. 7.A. All existing septic tanks shall be abandoned or shall be bonded. 8. All lots shall be connected to the Purissima Hills Water District facilities. 9. All utilities located within the subdivision shall be placed under ground, in accordance with Municipal Code §9-1.1105. Cable television is included in this requirement. 10. One fire hydrant is to be installed at a location selected by the Los Altos Fire Department. The hydrant shall be installed and ready for use prior to issuance of any building permits. 11. All wells on the property shall be properly registered with Santa Clara Valley 4 Water District and either maintained or abandoned in accordance with their 46r standards. Planning Commission Minutes February 26, 1992 Page 15 IMPROVEMENTS APPROVED 12. A free -span bridge shall be constructed across Barron Creek to provide access to the subdivision. No oak trees shall be removed for the construction of this bridge or any appurtenant structures. The design of the bridge, including acceptable materials, shall be approved by the Town. Permits and approvals must also be obtained from the Santa Clara Valley Water District and the Department of Fish and Game. Any additional creek modification required to construct the bridge must also be approved by these agencies. Improvements are to be completed prior to recordation of the Final Map. Or a bond shall be posted prior to recordation of the map for the construction of the bridge, to the satisfaction of the Director of Public Works. Said construction shall be completed prior to issuance of any building permits for the lots within the subdivision. 13. The proposed road shall be constructed to Town standards with a travel width of 20'. Improvements are to be completed prior to recordation of the Final Map. Or a bond shall be posted prior to recordation of the map for the construction of the road, to the satisfaction of the Director of Public Works. Said construction shall be completed prior to issuance of any building permits for the lots within the subdivision. 4W 15. The storm drainage system shall be designed to meet the Town's goal of not increasing the rate of run off because of the development of this land. Alternate Plans for the drainage system along the creek shall be required to be submitted for review and approval along with the other improvement plans. Improvements are to be completed prior to recordation of the Final Map. Or a bond shall be posted prior to recordation of the map for the construction of the improvements, to the satisfaction of the Director of Public Works. Said construction shall be completed prior to issuance of any building permits for the lots within the subdivision. 16. The sanitary sewer, water, and all other utilities shall be constructed within the road rights-of-way or within appropriate easements. Improvements are to be completed prior to recordation of the Final Map. Or a bond shall be posted prior to recordation of the map for the construction of the improvements, to the satisfaction of the Director of Public Works. Said construction shall be completed prior to issuance of any building permits for the lots within the subdivision. 17. The planting plan is to be approved by the Town and shall incorporate native and drought tolerant plantings along the Southern boundary. GEOLOGY AND SOILS 18. The limits of the 100 -year flood shall be shown on the Final Map. Planning Commission Minutes APPROVED February 26, 1992 Page 16 19. The limits of the Creek Bank Building Setback, as defined by the applicant's geotechnical consultant, shall be shown on the Final Map. No construction is allowed beyond this setback. 20. Site development plans shall be reviewed and approved by the Town Geotechnical Consultant prior to issuance of building and/or grading permits on individual lots. PLANNING AND ZONING 21. All structures made non -conforming by the lot lines created by the subdivision shall be removed prior to recordation of the Final Map. Or an agreement shall be required to be recorded on Lot 3 and on Lot 4 requiring the removal of all structures made non -conforming by the lot lines created by this subdivision (such as, but not limited to the pool, deck, and pump house) prior to the sale of Lot 4, or prior to issuance of any building permits on Lot 4. Upon the sale of lot #4, the owner of lot #3 shall be required to remove the nonconforming structures. A completion bond in favor of the Town is required. The Town shall be granted an easement over both lots 3 and 4 for the express purpose of removing these structures. 22. Any oak trees that are removed during the construction of subdivision improvements shall be replaced at a rate of 3:1, at a size and location to be determined by the Town. AYES: Chairman Noel and Commissioners Cheng, Comiso, Ellinger, Jones, Pahl NOES: None ABSENT: Commissioner Stutz MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Ettinger and passed to recommend the following condition: 5. Ramon Lane, or a name acceptable to the Los Altos County Fire District, shall be a private road built to Town standards, with an appropriate maintenance agreement and modified to accommodate the saving of four Oak trees along Fremont Road. Notwithstanding, there shall be an easement over the private road and continuing the entire length of the property line on the southwest side for a pathway. AYES: Chairman Noel and Commissioners Cheng, Comiso, Ettinger, Jones, Pahl NOES: None kW ABSENT: Commissioner Stutz Planning Commission Minutes February 26, 1992 Page 17 APPROVED MOTION SECONDED AND PASSED: Motion by Pahl, seconded by Comiso and passed by consensus to continue Items 5. through 8. to the next Planning Commission meeting: 5. NEW BUSINESS 5.1 Discussion by Town Planner of Planning Commission adopted Town Color Board guide 5.2 Discussion of Joint Planning Commission and City Council meeting for April 29, 1992 6. OLD BUSINESS 6.1 Standard Site Development Conditions 7. REPORT FROM THE CITY COUNCIL MEETING OF FEBRUARY 19TH, 1992 8. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETING OF FEBRUARY 18TH, 1992 4 9. ADJOURNMENT The meeting was adjourned by consensus at 12:10 a.m. Respectfully submitted, Laura Johnson Planning Secretary M