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HomeMy WebLinkAbout06/27/1966PLANNING COMMISSION TO'J'N OF LOS ALTOS HILLS MINUTES OF 9, REGUL.^_R MEETING June 27, 1966 The Regular Meeting of the Planning Commission of the Town of Los Altos '-fills was called to order by Chairman Don T. Hibner at 9:50 FX. at the Town Hall, 26379 Fremont Road, Los Altos Hills, California. ROLL CALL: PRESENT: Commissioners Ashby, Benson, Minckley, Chairman Hibner ABSENT: Commissioners Hawley, Prentice, Sherlock COUNCIL REFRESSENTATIVE: Councilman 11m. Ross Aiken APPROVAL OF MINUTES: June 13, 1966. ACTION Adopt Minutes of June 13, 1966 as submitted. COMMUNICATIONS: 1. Council Referrals - To be taken up at the end of the Agenda. 2. AEenda of Santa Clara Countj�Flanning Commission - Proposed zoning amendment in area of St. Jose^h ss College, Los Altos. nT.n RTTF,T NF..Cft 1. Rose Hill Estates - Fath Plan. Chairman Hibner met with Firs. E. L. Ginzton, Vice -Chairman of the Pathways Committee and Lr. T. Gamboa, developer of Rose Hill ^states, and the following recommendations for paths are submitted for Planning Commission approval: 1) Paths to be built to Town standards along the periphery of Altamont Road; 2) A ten foot (10') recorded easement along the southerly and easterly boundaries of the subdivision; 3) Eliminate the path requirement on the internal road, Rose Hill Lane; 4) Right of way along Taaffe Road cleared for natural path, since Master Path Plan calls for path on opposite side of the road. (In lieu path Payment for Taaffe was not considered necessary) 5) A ten foot (10') easement along the common boundary of lots #13 and i'=14 from Rose Hill Lane to easterly edge of property, which will extend to the integrated Master Path Plan. RECOnIENDATION: j That the Path Flan for Rose Hill Estates (322-66) as recommended by the Pathways Committee be accepted. MOTION: Benson; SECOND: Ashby; VOTE: Passed unanimously. NEMA BUSINESS: 1. Lincoln Park Subdivision, 19 lots - City of Los Altos. Since the subject subdivision abuts property within Los Altos Hills (corner of Edith and Fremont), Commissioner Benson will contact the Secretary of the Planning Commission of Los Altos to suggest that larger parcels be required and determine to what effect the realignment of the creek will have on the Town's boundaries. V-?RILNCES: 1. Corbett, Stanley (V-261-66) - Request for Overhead Utilities. Property located at 26440 Anacapa Drive was inspected by Map Committee. Request is for overhead utilities from an existing pole to connect to a new pole which will be installed across the street on Mr. Corbetts property line. It was the opinion of the Planning Commission, as well as Council Representative Aiken, that this request violated the criteria as set forth in Ordinance No. 104, namely, that no new poles may be added and that the installation crosses no roads, either public or private. Mr. Corbett submitted photographs and stated it was his understanding from the Staff that at the time of Purchase last October he would be allowed to place a new pole. Hardship in crossing the road and distances were discussed. RECOMH'ENDATION: That the request of Stanley Corbett (V-261-66) for overhead utilities be denied, based on Town policy. IiOTIOS?: Benson; SECOND: Ninckley ROLl CALL: AYES: Benson, Minckley, Chairman Hibner NOES: None ABSTAINED: Ashby AT,SENT: Hawley, Prentice, Sherlock Chairman Hibner advised Mr. Corbett of his right to appeal to the Council. -2- USE PERMIT: L. Episcopal Laymen's Group of Los Altos. BUILDING SITE ATSROVAL: Mrs. Rita S. Duval (BS^. -29-66) 1 lot. Since the two items were related, building site approval was considered first: The condition of Duval Way, a private road, was discussed. The portion fronting the Duval site has been improved by the State to Town Standards for the full width, however, the back portion of the road is in very bad condition, and Chairman Hibner was of the opinion a maintenance agreement was needed. The Deputy Clerk indicated the re -built portion owned by the State will be offered for dedication to the Town and probably accepted. A Check List was prepared. Since there will be an eo_uestrian trail adjacent to the Freeway, no path was required. Landscaping was required. RI,COMNEP?D n TI ON : That the request of Rita S. Duval for building site approval be granted, subject to the Check List. MOTTON: Benson; SECOND: Minckley; VOTE: Passed unanimously. The Use Permit was then considered, Chairman Hibner reading the following communications: 1) Letter dated June 22, 1966 from Frank G. DeWitt, 26122 Duval Way, requesting the use permit be denied for reasons stated therein; 2) Letter dated June 12, 1966 from Willis D. Stinson, 26066 Duval Way, opposing the use unless provisions are made for the repair and maintenance of Duval Way. Hr. G. McNeeley, representing the Laymen's Group, stated their desires to cooperate with the residents and stated their intentions as follows: to place a six foot fence with ap-ropriate plantings to separate the Duval and Dei'itt properties; a twenty foot extension for an altar will be added to the building; extensive interior remodeling and a basement excavated, however, the exterior will remain unchanged; parking facilities for 40 cars with a membership. of 60 people and not sixty member families. There will be a Sunday School pertaining to the Church only and should the Group grow toolargefor the building facilities, then another Mission will be established, since it is their intention for the Church to remain a small chapel in the hills and to preserve and improve this historical site. Chairman Hibner opened the lublic Hearing at 8:50 F. M. Messrs. Casper and Hausewald, of Duval Way, spoke on the traffic hazards and needed improvements to Duval 'May. -3- USE FERMIT: laymen's Group (Cont'd.): Mrs. N. Coulter, 26541 Furissina Road, a member of the Laymen's Group spoke in favor of the permit. P`rs. R. S. Duval, owner of the subject property, commented. she has a maintenance contract for the road, but it was never carried out. Chairman Hibner suggested Mrs. Duval submit the contract to the Deputy Clerk for review by the City Attorney and strongly urged a working mainten- ance agreement for this private road, since he failed to see it is the responsibility of the Duval property or the Church to improve the upper road section and turnaround. -=t 9:08 F. M., the Public Hearing was closed. Matter was further discussed by the Commission and all concurred that such a use would be a part of a residential community, but only with certain conditions. The parking area proposed by the Church was deemed adequate. RECOMMENDATION: That the Use Permit of the Episcopal Laymen's Group of Los Altos (UF -259-66) be approved, subject to the following conditions: 1) A site development plan, to include a landscaping plan; 2) An architectural plan; 3) it six foot fence on the joint property lines between the Duval and DeWitt properties; 4) Church School is permissible, but only limited to a church school as related to the use of the property; 5) Use Permit is granted for the exclusive use of the Episcopal Laymen's Group of Los Altos; and 6) Arproval of all agencies. MOTION: Benson; S^GOND: Minckley Councilman Aiken stated the Council had discussed some years ago, approximately 1963, since there was no Protestant Church in the Hills, that a small country -type, rural church would be welcome. It was his opinion that this use would be appropriate. The Question was called: VOTE: Passed unanimously. -4- ( DIVISIONS OF LAND: Tentative Naps; Champagne Heights, Unit,/,2, 11 lots (323-66) Target Engineering Chairman Hipper read letter from City Engineer dated 6/24/66 regarding the Commission's request to investigate the feasibil- ity of a "through road". 'rhe City Engineer suggested two possible locations, the more desirable being easterly of the row of eucalyptus trees and northerly along the property line between lands of Riggs and Unit No. 3. Mr. A. Lambert, developer of the property, submitted two additional maps - 1) an alternate plan, for exhibit only,. showing the developront of proposed units #'2 and #3 by Mr. Soares alone, should Hr. Lambert not -go through with the development of Unit ;#2 - Dir. Lambert contended this map showed a through road was not feasible; and 2) a revised map dated. June 20, 1966 of Unit #2, showing proposed fire road and plantings in the turnaround. Should Unit #2 not be developed, the subdivisionwill remain as approved in Unit �Vl; if Unit 412 is approved with fire road, there will be a redivision of lots {V+, 5, and 6 of Unit ;;`l. Fire Chief Bassett was present and, as stated in his letter of 6/23/66, objected to the extended cul-de-sac and that an emergency access road would not be acceptable. He did not believe a fire road to be good planning, not only because of lack of maintenance, but for access of residents themselves when the fire trucks come through. Chairman Hibner agreed with this thinking. PIr. Lambert stated he had a petition si:,ned by the owners of lots in Unit #1 requesting the cul-de-sac remain as such and if he cannot obtain their unanimous approval for a through road, he must of necessity forego the development of Unit �'2, leaving Mr. Soares to develop his property according to the exhibit map mentioned above. Councilman Aiken suggested a full width fire road within the boundaries of the subdivision, but half width to the boundaries of iIatoma Road, with the thought it could become a public road when the lands of Riggs and Lee are developed. Commissioner Mi*kley suggesteda naster road study of this area be made, and, in view of this suggestion, the maps were withdrawn by the appliccnt, without prejudice. Commissioner Hinckley and Engr. Ho, of Target Engineering, will work together on this study for present^tion at the July 11th meeting. -5- DIVISIONS OF LAND: BUILDING SIT, APPROVAL:. 2. Feschon_John (BSA-27-.66) 1 lot. Inspected by Map Committee. Property is located on Fremont Road, opposite Manuella Road, and will be served by the Iurissima Hills County Water District and connected to sanitary sewers available on Fremont Road. There were no objections to approval. A Choc',- Dist was prare.red, but only dedication was required. RFCOMI9FNDlr.TION: That the request of John Peschon (B:;C.-27-66) for building site approval of lot '=3, Lynnda_le Knolls, Tract 1<281, be unproved, subject to the conditions of the Check List. MOTION: Benson; --COND: ^:shby; VOTE: Passed unanimously. 3. S:=.1£en� r.fid. (BSA-28-66) 1 lot - Ener. I•Iol£f. Chairman Hibner read the following letters pertaining to the subject site located at 26779 Elcna Road: letter of City Engineer dated 6/23/66, with three conditions of engineering �. approval; letter received 6/27/66 from L. H. Price, Jr., favoring approval of the request; letter rated 6/16/66 from Fire Chief (no objection); Health Department letter dated 6/20/66, with five conditions of approval; and receipt showing in lieu payment for road improvements by Fremont Hills Develop- ment Company. Chairman Hibner analyzed his inspections and measurements of the subject lot, with the conclusion there is a net acreage Of 1.05+, excluding that portion beyond 350' and a breadth of 35' on which to build a house within the required setback requirerients. Since this is a difficult lot, the main concern of the Commission was whether this was an adequate building site as prescribed by Ordinance No. 69 and whether the site could be built upon without a variance. At 10:30 P. M., Chairman Hibner opened the Public Hearing. Mrs. D. A. Miller, 13076 Vista Del Valle Court, read a pre- pared statement requesting the Planning Commission to be mindful that the property rights of others should be protected and posed questions to the Commission. Mrs. Miller also sub- mitted Title Company PIaps, reprinted from Book 182, Page 5, of the Office of the County Assessor.. Comments were heard. from L. Powell, 26540 rurissina Road, regarding the 1600 circle, and T. W. Kendall, 27961 Central Drive, regarding the Master Path Flan requirements. SZ BUILDING SITE APPROVAL: Selfen, 7. !,f. (Cont'd.): Councilman Aiken stated in response to airs. Millers inquiry that an exhaustive investigation had been rade on this lot regarding every facet of the ordinance and made clear there had been no violation and that the Commission is legally bound to look at this lot impartially. Discussion by the Commission followed in that this site could be built on without a variance, but, in all probability the services of an architect would be recuired and a variance requested. C=issioner dshby opposed approval of any site which would require a variance. However, the majority of the Commission present believed that if a variance were desired, a reasonable variance would not impingeupon any other property; that the fact the 1601 circle cannot be inscribed was not significant in this case since it is only required for separation of houses; and that the stringent restrictions imposed by the City Engineer, which included a site develop- ment plan before a building permit can be issued, would be sufficient protection. At 10:55 F. IT., the Public Hearing was closed. Chairman Hibner a:cd for the preparation of a Check List. Commissioner Ashby opposed this sten reouesting further time for inspection, but it was the majority s opinion that in view of the above information, a Check List should be prepared. Check List required the present owner to present recorded etidence of the access easement from the Cowden parcel; that there be an in lieu payment for path, approximately 717.4' along Elena Road since the lot will be realigned; dedication of 30' from the centerline of the road; and the additional condition of complying with the City Engineer's letter of 6/23/66, and all approving agencies. Deputy Clerk pointed out it was not clear who is to prepare the site development plan - the present owner or a future owner. RECOI'[F-3TTD.':TION : That the request of Paul W. S<.lfen (BSA -28-66) for building site approval of lot at 26777 Plena Road be granted, subject to the conditions of the Check List. MOTION: Benson; I MTD : Mi.nckley Mr. 3.. H. Lachenbruch, 11820 Buena Vista Drive, pointed out the Master Fath 'l.�n provides for a psth on the easterly side of the property, as well as on the westerly side. Chairman Hibner stated an in lieu payment for 714'+ of path is required by the Check List end that the requirement of two paths would be unreasonable. The Question was called: ROLL CALL: AYES: Benson, l7inckley, Chairman Hibner NOES: None ABSTAINED: Ashby AB'ENT : Sherlock, Hawley,Prentice Chairman Hibner adjourned the meeting at 11:10 F. N. for recess. At 11:15 F. M., the meeting was reconvened. DIVISION -3 OF L_:7D: Tentative Mans: Janssn,_ David (326-66) 3 lots - Engr. Riley. Property, consisting of 6.5+ acres, is located between Central Drive and Sherlock Road. Mr. D. Janss:n was present and re- quested approval of lot §2 as a_ building site, lots h'1 and {5 to remain "Not a Building Site", under the subdivision proce- dure. Mr. Janssen has offered t,, improve with double seal coat and widen to 16' three hundred feet on Sherlock. Road of that portion which intersects at the Edison and Neuenburg properties; the balance of the road is gravelled and maintained by the property owners. Becnusq of an error in the first Blanco Subdivision, Cir. Janssen s deed is the only one which does n_t record the twenty foot easement, however, he has now bad the road surveyed and is asking for signatures for ingress and egress across this easement. Since there would be more than 5 lots on a private road, Commission was of the opinion it could fall :within the recommendations of Councilmen Fowle's Committee Report on rrivate Roads for pre-existing private roads with the conditional exception that there be road improvements. Commissi=- Hibner read certification d. -^.ted March 19, 1966 from Jesse I{endall, 27761 Pioody Road, that he is willi4g to abandon his driveway to Sherlock Road so that Mr. Janssen s split lot subdivision could be approved since he has a new driveway con- necting his property to Moody Raad, thus the traffic will remain the same. Letter from Fire Chief Bassett dated June 23, 1966 requested 700' of road improvement from Lot i2 to Sherlock Road. Chairman Hibner opened the Public Hearing at 11:38 T. I'�. The following residents questioned the future development of the road for subsequent subdivisions, legality of the right of way and maintenance of the private road: Ilessrs. Kendall, Spencer, Lowe, and 'euenburg. Commissioners Ninckley and Hibner believed an assessment district would be the proper way to handle this particular and unusual property, taking into account the proportional amount for periphery and acreage, however, °r. Janssen opposed an assessment district because of the ioany holders of small acreage. A Check List was prepared with additional conditions requiring proof of quiet title and road improvements and Commissioner .-,shby moved approval of the Tentative Map, subject to the Check List; however, Motion died for lack of a Second, since it was felt the Check List did not sufficiently define the road improvements. -8- TP�NTCTIVE NAP: D. Janssen (Cont'd.): It was the Commissions opinion that it should be definitely defined as to what the Fire Chief will require beyondthat which Mr. J2nsson has offered. RECON"."END!.TI ON: That the Tentative flan of D. Janssen (326-66) be held over until the July lit meeting and that specific recommendations be received from the Fire Chief. MOTION: Mineklay; SECOND: Menson; VrT-,,,: Fassed unanimously. COUNCIL REFE'.RR,,IS: 1. Iagemont rst=rtes and Stephen James Subdivision. Deferred to July llt meeting due to the late hour. l.DJOURNMENT: MOTION: Hinckley; G1'CCND: Benson r+7ETING ADJCUPNED: 12:23 . E. PLE.NNING COMP'IS,SIONER LT CITY COU ?CIL T".FETING OF JULY 5h: Commissioner Walter (_.__Benson XT REGULf:R I,7ETING: Monday, July 11, 1966 at 7:45 F. H. at the Town Hall. Respectfully submitted, WLLTER Li. BET?SON Secretary 6/27/66-mam planning Commission -9-