HomeMy WebLinkAbout06/13/2002\r
Minutes of a Regular Meeting Approved 7/11/02
Town of Los Altos Hills
PLANNING COMMISSION
Thursday, June 13, 2002, 7:00 p.m.
Council Chambers, 26379 Fremont Road
cc: Cassettes (1) #06-02
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
The Planning Commission regular meeting was called to order at 7:00 p.m. in the Council
Chambers at Town Hall.
Present Chairman Wong, Commissioners Clow, Cottrell, Gottlieb & Vito
Staff: Carl Cahill, Planning Director; Bob Graham, Planning Consultant; Angelica Herrera,
Assistant Planner; Debbie Pedro, Assistant Planner; Lam Smith, Planning Secretary
(( 2. PRESENTATIONS FROM THE FLOOR -none
rr 3. PUBLIC HEARINGS
4 3.1 ORDINANCE AMENDMENT TO THE TOWN'S ZONING CODE WITH
REGARD TO HEIGHT (SECTION 10-1.504) (continued from May 9, 2002).
The Planning Director introduced this item by noting the changes made to the draft ordinance
(#2 "no portion of the primary dwelling structure shall be located between the property line and
the setback line"). He asked if the Commission wanted to discuss this additional setback to see if
it applies to all structures, any structures or only the primary dwelling which is taking advantage
of the increased height. Discussion ensued regarding where the setback line should start,
whether it applies to all structures; is the setback universal or does it apply just to the primary
dwelling? Commissioner Gottlieb felt it should apply to all structures, keeping them behind the
setback line otherwise you defeat the purpose of increased setbacks.
OPENED PUBLIC HEARING
CLOSED PUBLIC HEARING
Commissioner Vita supported the change as written. She did not feel they needed to apply it to
secondary units. Commissioner Gottlieb felt if it was not applied to all structures, they would be
creating a look of two homes on a lot. Commissioner Cottrell could see Commissioner Gottlieb's
point. Chairman Wong suggested only applying the increased setback to the main house and
restrict other structures to the back area. It was suggested changing #2 "No portion of the
VFim�y ElwelItng any structure shall be located between the property line and the setback line."
Planning Commission Minutes Approved 7/11/02
June 13, 2002
( Page 2
MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded by
Commissioner Gottlieb to amend #2, second sentence to read "No portion of `:e—pFiffiary
dwelling any structure shall be located between the property line and the setback line."
AYES: Chairman Wong, Commissioners Vito, Cottrell, Gottlieb & Clow
NOES: None
Commissioner Gottlieb suggested a change to the Negative Declaration, item XIII, changing
"less than significant impact" to "Potentially Significant Unless Mitigation Incorporated" so the
house would have to he sited on the lot so that the neighboring homes would not lose a portion of
their significant view corridor. Discussion ensued. It was suggested to make this comment an
attached comment to the Negative Declaration which will be forwarded to the City Council.
MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded by
Commissioner Clow to recommend to the City Council approval of the Initial Study and
Negative Declaration and recommend that the City Council approve the proposed zoning
ordinance amendment to Section 10-1.504 (Height) with comments from Commissioner Gottlieb
as noted above.
AYES: Chairman Wong, Commissioners Vitu, Cottrell & Clow
NOES: Commissioner Gottlieb
This item will be scheduled for a City Council agenda.
3.2 LANDS OF DORRIAN & SCHMIDT, 13113 & 13061 Byrd Lane (58 -02 -LLA);
A request for a lot line adjustment.
Staff (Angelica Herrera) introduced this item. It was noted worksheet #2 indicates the Schmidt
property, after the adjustment, would have a lot unit factor less than 1.0, making it non -
confirming. Staff proposed an amendment to their recommendation asking the Planning
Commission to recommend approval, conditioning the correction to the tentative map indicating
both lots have a lot unit factor of over 1.0.
OPENED PUBLIC HEARING
Brad Bening, 50 W. San Fernando, San Jose, attorney representing the applicants, stated they
would be happy to accept the amendments.
CLOSED PUBLIC HEARING
MOTION SECONDED AND PASSED: Motion by Commissioner Clow and seconded by
Commissioner Vitu to recommend approval of the lot line adjustment to the City Council subject
to the applicant's submittal of a legal description and plat map for review and approval by the
city engineer and recordation of a certificate of compliance. The tentative map much indicate
both lots have a lot unit factor of over 1.0.
Planning Commission Minutes Approved 7/11102
June 13, 2002
Page 3
AYES: Chairman Wong, Commissioners Gottlieb, Cottrell Vita & Clow
NOES: None
This item will be scheduled for a City Council agenda.
3.3 LANDS OF CINGULAR WIRELESS, (APN 175-44-015, Lands of Purissima
Hills Water District) La Cresta Drive (66 -02 -CUP); A request for a Conditional
Use Permit renewal.
Staff (Angelica Herrera) introduced this item by noting the receipt of a letter from R. Douglas
Moffat, 12869 La Cresta Drive who voiced concern regarding signage by his property.
OPENED PUBLIC HEARING
Tony Kim, Cingular Wireless representative (formerly Pac Bell Wireless), 930 Montgomery
Street, San Francisco, noted there are no proposed changes and available for questions. After
reviewing Mr. Moffat's letter, he commented on the signage which is company policy.
Mr. R. Douglas Moffat, 12869 La Cresta Drive, lives directly in front of the water district site.
Their driveway is also his driveway. There are signs going up to the site cautioning "radiation
hazards". It gives the impression of a dangerous invisible hazard and which would scare away
families who might want to live in the neighborhood. According to the application for renewal
of the Site Use Permit, the space within the tank site fence (behind the antennas) provides no
radiation hazard and the area outside the fence to the south and west (in front of the antennas)
was found to be less than 5.8 percent of the allowed level for unrestricted uncontrolled
continuous occupancy by people. It appears there is no need for the "radiation hazard" signs on
the site gate.
Tony Kim was asked why they could not move the signs to the actual hazard area. He responded
they posted the signs were visible. They can move the signs further onto the site for warning to
maintenance works. There is no health hazard to the public.
Dane Erickson, registered professional engineer with Hammett & Edison, Inc. stated the reason
for the warning sign is for occupational exposure (for people working within five feet of an
antenna). The need for the sign is for maintenance workers to not inadvertently get within five
feet of the antenna and at the same level. The sign can be relocated.
CLOSED PUBLIC HEARING
Commissioner Clow could support the applicant with the moving of the sign where a
maintenance worker could see it and the general public would not (not visible from off site).
Mw
Planning Commission Minutes Approved 7/11/02
June 13, 2002
e Page 4
MOTION SECONDED AND PASSED: Motion by Commissioner Vita and seconded by
Commissioner Cottrell to recommend approval to the City Council for the renewal of the
Conditional Use Permit for an existing/previously approved wireless communications facility,
Lands of Purissima Hills Water District, 12863 La Cresta Drive, adding a condition of approval
that any "hazardous" signs be relocated so not visible off site.
AYES: Chairman Wong, Commissioners Clow, Gottlieb, Cottrell & Vita
NOES: None
This item will be scheduled for a City Council agenda.
3.4 LANDS OF CINGULAR WIRELESS, (Lands of California Department of
Transportation) 2350 Old Page Mill Road (68 -02 -CUP); A request for a
Conditional Use Permit renewal.
Staff (Angelica Herrera) introduced this item with nothing further to add.
OPENED PUBLIC HEARING
Tony Kim, Cingular Wireless representative (formerly Pac Bell Wireless), 930 Montgomery
Street, San Francisco, noted that the site has been in operation since the original operation and
there are no proposals to change or modifications to the site.
4W CLOSED PUBLIC HEARING
MOTION SECONDED AND PASSED: Motion by Commissioner Gottlieb and seconded by
Commissioner Clow to recommend approval to the City Council for the renewal of the
Conditional Use Permit for an existing/previously approved wireless communications facility,
Lands of California Department of Transportation/Cingular Wireless, 2350 Old Page Mill Road,
adding a condition of approval that any "hazardous" signs shall be relocated so not visible from
off site.
AYES: Chairman Wong, Commissioners Cottrell, Vito, Gottlieb & Clow
NOES: None
This item will be scheduled for a City Council agenda.
3.5 LANDS OF CINGULAR WIRELESS, (St. Luke's Chapel) 26140 Duval Way
(67 -02 -CUP); A request for a Conditional Use Permit renewal.
Staff (Angelica Herrera) introduced this item with nothing further to add.
OPENED PUBLIC HEARING
Planning Commission Minutes Approved 7/11/02
June 13, 2002
Page 5
4W Tony Kim, Cingular Wireless representative (formerly Pac Bell Wireless), 930 Montgomery
Street, San Francisco, noted that the site has been in operation since the original operation and
there are no proposals to change or modifications to the site. They concurred with the staff
report and are available for questions.
CLOSED PUBLIC HEARING
MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded by
Commissioner Clow to recommend approval to the City Council for a conditional use permit for
an existing/previously approved wireless communications facility, St. Lukes Chapel/Cingular
Wireless, 26140 Duval Way, adding a condition of approval that any "hazardous" signs shall be
relocated so not visible from off site.
AYES: Chairman Wong, Commissioners Gottlieb, Vitu, Clow & Cottrell
NOES: None
This item will be scheduled for a City Council agenda.
3.6 LANDS OF HORTON, Chaparral Way (8 -01 -TM -ND -GD); A request to
subdivide a 16.13 acre parcel into four (4) lots, and consideration of a proposed
4 Negative Declaration.
Bob Graham, Planning Consultant, introduced this item and provided the history of the
application to date. He reviewed Exhibit 1, 'Proposed Conservation Easements & Public Right
of Way", and site constraints (slide area, slopes). He further discussed access, lot design and
building sites, conservation easements (fragmented), geotechnical review, and drainage. The
Planning Director felt there were two options: either establish a comprehensive conservation
easement throughout the subdivision or reject the easements altogether and require Park and
Recreational fees for the new subdivision (the Town does not charge fees if people donate
conservation easements). If they accept the fragment conservation easements as shown, they
will serve neither a conservation easement purpose or benefit from the Park and Recreational
fees. The fee is not known as it depends on the value of the land. Bob Graham discussed
another issue involving the private roadway and cul-de-sac. The question is, should it be private
or public? The City Engineer/Public Works Director is requesting it be private. The final issue
involved clarification as to the actual location of the recommended pathway. If it is
recommended by the Catholic Church side, staff would recommend not requiring the pathway.
If it is recommended on the northwest side (Horton property) it would be a question whether it
should be on the northwest property line along lot 4 and provide it now or wait and have it
provided later across the Horton property. Further discussion ensued regarding grading and
engineering.
OPENED PUBLIC HEARING
L
Planning Commission Minutes Approved 7/11102
June 13, 2002
Page 6
Nancy Horton, applicant, referred to the three items of concern: they would prefer paying the
Park and Recreation fee, working out the dollar amount with staff; they would prefer a private
road so they can control the access as they do not plan to sell the lot; and a pathway anywhere
would not be suitable (no meaningful pathway). She noted that there will be many trees that will
need to be removed to make way for the improvements. They will replace any trees that need to
be removed and will try to save as many as possible when working on site (move roads, etc.).
Ken Olcott, Sandis Humble Jones, 605 Castro Street, Mountain View, project engineer,
discussed rededicating the private water line which will show on the Tentative Map. There is a
public water line going up the Horton driveway. He further discussed mitigation and
replacement of trees. He felt for short distances they can pop the road out to save some of the
trees, working with the Fire Department.
Bruce Chu, Saudis Humble Jones, answered questions regarding drainage and the culvert, stating
they will not be altering the existing condition so there should not be any impact on the former
Proft property.
Jim Green, 27369 Chaparral Way, asked who would be maintaining the private road as the
neighbors have been maintaining it. Bob Graham responded regarding the public portion of the
road
Sandy Humphries, Environmental Design Committee, indicated a critical area on lot 1 over old
oak trees which should be included in the conservation easement. This is a water shed area and
vital to the Town.
Bob Stutz, 25310 Elena Road, reviewed the site and noted there was not a good fire access. A
good emergency access would be the portion from the parking area for lot 2 which is very close
to Old Snakey Road which would be a very good emergency area.
Ginger Summit, 13390 Lenox Way, stated there was a wonderful path that was dedicated on the
Sister's property. She would like to see a way to walk up the road way and cross over to the
Sister's path to get over to Altamont Road. She understood Mrs. Horton's concern regarding the
use of the cul-de-sac (probable skate board track). Right now there is no way to get to Altamont
Road. She would also like to see a way for the public to get from Deersprings to Moody along
Chaparral.
Dot Schreiner, 14301 Saddle Mountain Drive, discussed open space requirements, the General
Plan, the Open Space Element, and the Land Use Element She did not feel it was a good idea to
give people choices regarding paying Park and Recreational fees or dedicating conservation
easements.
Ken Olcott noted the following: the Fire Department signed off of the plan; the applicants
kW preferring no conservation easements (whatever Park and Recreational fees are appropriate); and
private street not public which would require a modification to condition #10.
Planning Commission Minutes
June 13, 2002
Page 7
4 CLOSED PUBLIC HEARING
Approved 7/11/02
Commissioner Vim discussed the challenging site and the work the applicants have done to get
to this point. The Public Works Director and the applicant want the street to be private. She felt
the oak trees were protected under current ordinances. Commissioner Clow disclosed he had
spoken to the applicants regarding how the oak trees could be saved. The applicants plan to have
their engineers work with the site to move roads slightly to accommodate the trees, whenever
possible. He also felt the terrain protects the area and the trees. He could support taking the
fees. Commissioner Cottrell supports the private road but disagrees with the removal of the
conservation easement. This is a water shed area which needs protection. They should not allow
applicants choices between conservation easements and paying a fee. Regarding the pathway,
the north east pathway should be discontinued. Commissioner Gottlieb felt the type foundation
should be placed on the Tentative Map and they should take a conservation easements (thinking
of the future). Also she would like public access to walk over the private driveway. Suggested
staying private until homes were built, then change it to a public road. The Planning Director
indicated that the Public Works Director/City Engineer does not want the cul-de-sac public road.
She further discussed taking an additional 10 foot pathway easement for the trails which is
important to get around the quarry area.
RE -OPENED PUBLIC HEARING
fir' Nancy Horton noted that the areas mentioned by Commissioner Gottlieb are not on the
4 subdivision property.
Ken Olcott discussed the public access over the roadway asking them to be specific regarding
defining public access as the applicants prefer none. In answer to the type foundation on the
Tentative Map, he did not feel it was appropriate at this time.
CLOSED PUBLIC HEARING
Commissioner Gottlieb supports the staff conservation easements as the site should be preserved.
The Commission has never not taken a conservation easement for areas of 30% slope or more.
She reiterated her previous concerns. Chairman Wong felt this was a well thought out
development and the questions raised have been answered by the applicants regarding
easements, fire department regulations, and private or public road issues. He felt the road should
remain private, the access to the public should be qualified (emergency access upon necessity
only). He recommended approval with the conservation easements as shown by the staff. Staff
should work with the applicants to save as many oak trees as possible (modification of the road).
koo
Planning Commission Minutes Approved 7/11/02
June 13, 2002
( Page 8
MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded by
Commissioner Gottlieb to recommend to the City Council approval of the Negative Declaration
and Tentative Map for a four lot subdivision, Lands of Horton, Chaparral Way, with the
following changes/additions: the road remain private; the conservation easement shown by staff;
the developer take measures to protect oak trees wherever they are on the property; any reference
to "public road' in the conditions of approval be removed; pathway to retain on existing
easement; 24" box tree replacement, one for one; and any areas less than 30% can be taken out of
the conservation easement.
AYES: Chairman Wong, Commissioners Vita (does not agree with the conservation
easement), Clow, Gottlieb & Cottrell
NOES: None
This item will be scheduled for a City Council public hearing.
4. OLD BUSINESS
4.1 Report from subcommittees -none
5. NEW BUSINESS -none
F 6. REPORT FROM THE CITY COUNCIL MEETING
6.1 Planning Commission Representative for May W, Commissioner Clow, reported
on the following: adoption of resolution amending the General Plan Pathway Master Path Map
by deleting the off road pathway route designated on the map for the property at 27125 Taaffe
Road and adoption of resolution ordering the vacation of the pathway and Vail easement on
27125 Taaffe Road, Lands of Carse; and proposed Planning Commission recommendations for
amending the Site Development and Subdivision Ordinance with regard to conservation
easements, driveways and fences.
6.2 Planning Commission Representative June 0, Commissioner Gottlieb, reported
on the City Council study session regarding the 1981 Master Path Map update.
6.3 Planning Commission Representative for June 20th — Commissioner Wong
APPROVAL OF MINUTES
7.1 Approval of May 9, 2002 minutes
MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded by
Commissioner Gottlieb to approve the May 9, 2002 minutes.
AYES: Chairman Wong, Commissioners Vito, Cottrell, Gottlieb & Clow
NOES: None
Planning Commission Minutes Approved 7/11/02
June 13, 2002
( Page 9
8. REPORT FOR FAST TRACK SITE DEVELOPMENT MEETING OF MAY 14 & 28
AND JUNE 4 & 11 2002
8.1 LANDS OF CHOW, 12590 Miraloma Way (1-02-ZP-SD); A request for a Site
Development Permit for a new residence, pool and cabana. Approved with
conditions.
8.2 LANDS OF SINHA, 14317 Miranda Way (166-01-ZP-SD); A request for a Site
Development Permit for a new residence. Approved with conditions.
8.3 LANDS OF BLAIR, 27161 Fremont Road (36-02-ZP-SD-GD); A request for a
Site Development Permit for a new residence and pool. Approved with
conditions.
8.4 LANDS OF COTE, 24970 O'Keefe Lane (34-02-ZP-SD-GD); A request for a Site
Development Permit for a secondary dwelling and rebuild of existing bam.
Approved with conditions.
8.5 LANDS OF WIDMAN, 26871 Moody Road (159-01-ZP-SD-GD); A request for
a Site Development Permit for a new residence. Approved with conditions.
4tW 9. REPORT FOR THE SITE DEVELOPMENT MEETING, MAY 14 & 21, 2002
9.1 LANDS OF BARKHORDARIAN & YAZDANI, 27861 Baker Lane (26-02-ZP-
SD): A request for a Site Development Permit for an addition. Approved with
conditions.
9.2 LANDS OF DORRIAN, 10285 Magdalena Road (30-02-ZP-SD): A request for a
Site Development Permit for a new driveway and a landscape screening plan.
Approved with conditions.
10. ADJOURNMENT
The meeting was adjourned by consensus at 8:50 p.m.
Respectfully submitted,
Lam" Smith
Planning Secretary
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