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HomeMy WebLinkAbout01/14/1976PLA�h1 RJG CO'r'hil S_�10� TO:IPI OF LOS ALTOS HILLS 26379 Fre«.on; Road Los Altos Hills, California January 14-, 1976 pc: Reel 43, Side 2, Track 1; CourrF 5d0 o 1000; Sida 1, Traci 2, 1 to end. Chairman Carico called the meeting to ordar nt 8:30 p.m., In the Council Chambers of Town Hall. A. ROLL CALL Chairman Judith Carico Present: Commissioners Keith Drawn, Lucy Hillestad, wllliam A. Perkins,* David Proft, Theodora K. Schick, and Kenneth Young. Staff: Robert E. Crowe, City Manager Departure Time: 11:55 p.m. Alexander D. Russell, City Engineer Kenneth R. Pastrof, Town Planner Donna Pennington, Secretary B. PUBLIC HEARINGS: LANDS OF SCARFF File TM 2021-75 [. Mr. Pastrof presented a synopsis of the Staff Report of January 7, 1976. Commissioner Schick commented that the Town has no connecting path along- side the subject property, thus if Conditions 16 and 17 were imposed, there would be a four hundred foot long path, ten feet wide, going no- where. Commissioner Perkins observed that the path was more of a roadway -- horses, motor bikes, and bicycles use it too. Mr. Russell advised that the Civil Engineer's map was incorrect in that It showed the sewer connecting to the Bullis line. it was in fact to be connected to the City of Palo Alto's line; and the sewags will not flow through any line in which the Town has jurisdiction. Chairman Carico opened the public hearing at 8:45 p.m. Mr. Scarff objected to any public access being Imposed on the property., He showed the Commissioners a photograph of a piece of his property that was not supposed to be a road, which was rutted and marred by motorcycles and jeeps. He has endured many Instances of vandalism. More than once burglaries have occurred, causing lossess of several thousand dollars each time. He questioned whether the rationale for the request was to get access to the Esther Clark Park, and if so, that park was a nuisance. Furthermore, it was his understanding that the City of Palo Alto intended to replace the park with low income housing. *Departure Time: 11:00 P.M. PLANNING COMMISSION MINUTES - January 14, 1976 LANDS OF SCARFF - Continued The applicant did not like Staff Condition 11 which would prohibit vehicular access from Manuella Road for Lots i and 2. He pointed out that there were seven accesses to Manuella within one hundred yards. He thought It bazaar to require construction of a driveway up one hill then down that same hill in order to gain access to a lower lot, when there was Immediate access available from Manuella Road. Mr. Scarff did not understand the reason for imposing Conditlon 13 on this property. He Intends to omtinue living in his home so he certainly will not do anything that is unseemly or unsightly. He stated that he was not subdividing because he needs the money, but in order to get more privacy, get rid of the robberies, the burglaries. He wanted to do the subdivision in the best way possible, but he would not subdivide if "crazy"restrict[ ons were put on the property. The Chair recognized Mrs. Elizabeth Fiksdal, Chairman of the Pathway Committee. She stated that Fremont Hills School is being considered for closure by the Palo Alto School District. If it closes, the children attending It will have to go to another Palo Alto school. If there Is no access through on an off road path, the children will have to go down Fremont and over to Arastradero. She expressed concern about the safety of the school kids In that event. She noted that t Palo Alto would be amenable to path around Esther Clark Park and that Palo Alto has plans for developing the park as a park andnot for low Income housing. Mr. Scarff retorted that none of the Los Altos Hills children on the south side of the property line attend Palo Alto schools. Commissioner Schick agreed, and stated that If they used such a path, It would fzke them out of their way. Commissioner Perkins moved, seconded by Commissioner Young, -to - continue with the hearing until the business was completed. The 'motion carried unanimously. The Chairman recognized Steven Lexton, 4284 Manuella Avenue, .Palo Alto. His property adjoined the LANDS OF SCARFF to the north. He expressed concern that his property's drainage would be affected by this sub- division. Mr. Crowe commented that the Town cannot be responsible for the poor - planning of the City of Palo Alto which allowed that subdivision and Mr. Lexton's house to be built In that gully. He reminded the Commission that this is only a tentative map. If the Planning Commission recommends approval, and the City Council concurs, -then Improvement plans will be prepared that will adequately handle the questl on of drainage as well as other improvements, advised Mr. Crowe. - 2 - PLANNING COMMISSION MINUTES - January 14, 1976 LANDS OF SCARFF - Continued Mrs. Lucille Gould was recognized by the Chair. She lives next door to the Fremont Hills Elementary School. She had bEon advised by the Superintendent of the Palo Alto School District, that if the school closed, the children will be bused to the Nixon School which is near the Stanford campus. Mrs. Dominic Saviano was recognized. She stated that Manuella Road would be used by Junior and Senior high students going from all of Los Altos Hills to get to Gunn and Turman schools. There being no further comments from the public, the Chairman closed the Public Hearing. Mr. Pastrof read the conditions and the following actions were taken. CONDITION 8 Commissioner Young suggested the cul de sac be named Brcekhoff Way in honor of long time residents Harry and Helen Brcekhoff. Mr. Scarff agreed to consider the idea. CONDITION 11 Commissioner Perkins moved, seconded by Commissioner Schick, to delete Condition 11 pertaining to vehicluar access from Manuella Road. The motion passed by the following roll call vote: AYES: Chairman Carico, Commissioners Brown, Hillestad, Perkins, Proft, and Schick. NOES: Commissioner Young. Commissioner Young observed that Manuella Road was a very busy street and added vehicular access would only increase the danger. CONDITION 12 Commissioner Brown moved, seconded by Commissioner Hlllestad to insert the phrase "on Manuella Road or" so Condition 12 would read (In part): 1112, Lot i shall not be permitted vehicular access (driveway) on Manuella Road or closer than one hundred thrity feet (1301) " The motion passed unanimously by roll call vote. MM PLANNING COMMISSION MINUTES - January 14, 1976 %W LANDS OF SCARFF - Continued CONDITION 13 Mr. Scarff thought the requirement to have this condition, which pertains to the foundation design, recorded, was a bit much. In effect, he said, the Town was placing an architectural restriction on that lot. Mr. Russell pointed out It was below ground, and thus would not be architectural control, in his opinion. The Town was trying to cut down on the cutting and filling on the lot, and wanted to Insure that the person who contemplates buying that lot Is aware that there might be restrictions placed upon it when it comes to site development. . . Commissioner Perkins noted that this condition has been Imposed on other steep lots and the spirit of it was that a flat land house would not be built on a sloping lot. Commissioner Schick asked if the Staff note were part of the condition. Mr. Pastrof advised that it was not, that It was for clarification of the applicant and the Commission only. commissioner Schick moved that Condition 13 be deleted because she �r felt that when that particular lot comes before site development, that all important questions and problems could be addressed then and, hopefully, will be taken care of at that tine. The motion died for lack of of a second. Commissioner Perkins moved, seconded by Commissioner Hillestad, that a subsection 11d" be added to Condition 13: "d. or design equivalent thereto." The motion passed unanimously. CONDITION 15 Mr. Crowe corrected the wording of the beginning of the fourth line of Paragraph 15(a) to read "Lot 3 is Improved . . . " Commissioner Perkins hoped this could be done without a lot of cutting and filling. He stated for the record that he hoped development of this roadway, which ultimately will go up to the ridge, will be done with maximum sensitivity to the land and that a normal bulb which requires cutting into the property and tearing up the ground, would not be put at the end of this cul de sac. He suggested a backaround arrangement or something else that Is sensitive to the land. Commissioner Young asked if there were any danger of the LANDS OF METCALF's 1.1 acres being landlocked and Mr. Russe -I advised there was not. - 4 - PLANNING COMMISSION MINUTES - January 14, 1976 CONDITION 16 Commissioner Young moved, seconded by Commissioner Brown, to delete the first paragraph of Condition 16 and substitute: 1116, The construction of a type IA path within the westerly ten feet of the thirty foot right of way.' The motion passed unanimously. CD,a,nff'(DN 17 Commissioner Hillestad moved, seconded by Commissioner Perkins, that Condition 17 pertaining to a path easement along the south property line be deleted until Lot 4 Is further subdivided. The motion passed unanimously. ADDITIONAL CONDITIONS Commthat'there could be expressed concern made sotwaterdrainage. could discharge into Russel noted int a rock basis so it wouldn't run off at an abnormal velocity. He advised tht th that waters Isanot heIntany way tto betdischarged in�ai location t will enoted othethan what is being discharged now. Mr. Proft noted that the planning map shows parallel driveways and Staff had advised it didn't know whether they would be willing to go for parallel driveways. If they are not going to go for parallel et Into ot culvdeasac.th Hee hoped that theasible way to following motion would Lpreo off the preclude problems down the line. Commissioner Proft moved, seconded by Commissioner Schick, that Let 4 pan- handlehall retain a that serves Lothicular 3. This shall be s easement fortheppose of serving ng additional lots should Lot 4 undergo further subdivision at a future date. The motion passed unanimously. Commissioner Brown moved, seconded by Commissioner Proft, that the pumphouse located in the southwest corner of Lot 4 be exempt from Sections 9-5.504(b)(2) of the Los Altos Hills Municipal Code. When and If Lot 4 is submitted for future subdivision, the subject shall be readdressed and resolved. The motion passed unanimously. - 5 - PLANNING COMMISSION MINUTES - January 14, 1976 LANDS OF SCARFF - Continued CONDITIONS - Continued Commissioner Young moved, seconded by Commissioner Schick to continue the meeting until all business was completed. The motion carried by the following vote: AYES: Chairman Carico. Commissioners Brown, Hillestad, Perkins, Schick, and Young. NOES: Commissioner Proft. RECOMMENDATION Commissioner Schick moved, seconded by Commissioner Hillestad, that the Planning Commission recommend approval of the LANDS OF SCARFF, Tentative Map Request, File #TM 2021-75, to the City Council, with conditions one through eighteen inclusive of the Staff Report of January 7, 1976, and all the deletions, additions and corrections so noted. The motion passed unanimously. COMMISSIONER SCHICK moved, seconded by Commissioner Hillestad that The Planning Commission find that this project, the LANDS OF SCARFF, L will not have a significant effect on the environment, and recommends .. to the City Council that a Negative Declaration be filed with the Santa Clara County Recorder. Chairman Carico declared a short recess at 11:00 p.m. The meeting resumed at 11:05 p.m. Commissioner Proft moved, seconded by Commissloner Hillestad to limit debate to 11:30 on Agenda Item "Amendment to Section 9-5.301". If that item was not resolved by that time, it shall be continued to the next regularly scheduled meeting. AYES: Chairman Carico. Commissioners Brown, Hillestad, Proft, and Young. NOES: Commissioner Schick. ABSENT: Commissioner Perkins. Commissioner Young moved, seconded by Commissioner Schick that the agenda Item "Amendment to Section 9-5.301'1 be taken out of context and moved to the end of the agenda and -'hat agenda Item C, Exemptions From Moratorium Requests, be taken up immediately. ' The motion failed to carry by the following vote: AYES: Chairman Carico. Commissioners Schick and Young. NOES: Commissioners Brown, Hillestad and Proft. ABSENT: Commissioner Perkins. - 6 - PLANNING COMMISSION MINUTES - January 14, 1976 AMENOHENT TO SECTION 9-5.301 LOS ALTOS HILLS MUNICIPAL CODE Mr. Crowe explained the purpose ofthe proposed ordinance wasprimarily to give the Town control of public property's erty's use. If this proposed ordinance were adopted, it would zone various areas in the Town to a Public Facilities zone and would allow only certain uses within this par- ticular zone. The schools land, for example, is presently zoned Residential It co Agricultural. Under the present zoning uld be sn it ubdivided not under appro- e ed priate without rdinane,. i ftzoned o the Public riate cilzonethe Also only thoseuses that are specifically outlined in the proposed ordinance would be allowed In this zone. Chairman Carico opened the Public Hearing. Larry Giller, 25981 Bonita Lane, stated that this ordinance was Intended to give the Town control over property arced by the public facilityfrom taking that s to their propertiesgand selling thement for subdivision withoutheset Paying attention be to the desires and wishes of the citizens of the Town. The effect wu ld be has limited to require the Planning Commission and 1110 City CounclI tv .-.zone property If It became surplus to a public facility. Now the Town only control over use; this ordinance will give the Town authority over change In that use. Mr. Giller stated the citizens In the Town walo this kind of ordminority inancthee may Alto and the Los Altos school districts. enable the Town to Influence decisions on what can be done with the property. Chairman Carico asked If the ordinance would preclude the property from being subdivided. Mr. Crowe answered negatively. n needed this greater control. Commissioner Hillestad asked why the Tow Pastrof they bu tdings couldhat f behrazzed andses thewere distrrict couldcomeSeri) the in with division. siif the�sch oolandhdistrl diere strict lands were zoned be no Way the "PublicdFadlitles,ub- In order to subdivide, the school district landsTownn ouldation power ve to be rezoned "Residential -Agricultural' thus gig Commissioner Hillestad felt It would not be a stick. This wouAndld, she said, deter schools from selling property Land defilcltlby schoolit. money. In turn, the taxpayer would have to make up Lns °Itns and Commissioner Young noted the ordinance was In open tion in bec.use of it the school district last threo quarters of a million dollars. paying 81.4 million in taxes and Commissioner Schick said the Town was wthatould ben atdisservl ce tithe taxpayer to ht with thtakedmorel dilll money) out of the school `' budget. - 7 - PLAT-IiNINL, CC) ICF4I SSI ON MItJff'5 - January 14, 1476 ORDINANCE - Continuac _PROPOSED Chalrman Carlco opened tl:o Public Hoarin,, Jab, Almberg, 26731 1 =f r:. .poke. pe�. I) as far as the solo of the:--,- i o �c j[ would rnlv _ r- : the school .iii trict picp-rtles and mconven i once then a lid le bit. The fi ..- h , r could be a prii t., ` -t the drool vhich would noT b+ a _1,1ment to th ,, •ty. He states' not lo,n had .'.0 leverage iii : th ^_hool di iris ar nils ordinance se.ld give ii ar.y. Carol Amburg statod it mos extremely difficult to sell a hour^ here because of the school situation and that caul=_d lower property values. Commissioner Young observed that it seemed to him to almost be confisca- tion by zoning. blr. Crowe will refer the matter to the City Attorney. Commissioner Proft moved, seconded by Commissioner Young, that the Public Hearing on the proposed Public Facilities zoning ordinance be continued to the next regularly scheduled meeting of the Planning Commission; and further that the Staff be directed to prepare a summary of the possible advantages and disadvantages If the Town does, In fact, adopt this proposed ordinance as worded. AYES: Chairman Carico. Commissioners Hlllestad, Brown, Proft, and Young, NOES: Commissioner Schick. ABSENT: Commissioner Perkins Mr. Crowe lett the meeting at 11:55 p.m. C. EXEMPTIONS FROM THE MORATORIUM REQUESTS LIG'IDS OF -FRE -HI -11 Mr. Pastrof summarized the Staff Report of January 7, 1976. Commissioner Young asked if it would be desirable to contain the swale in a pipe. Mr. Russell thought it would behoove thein to look at that point when this comes In for subdivision. There would probably be a considerable amount of earth movement to Install the pipe, but 85e, could be replaced after the pipe Is installed. Commissioner Proft wanted to knoll why, if Arastradero Road is onned by Palo Alto, the Staff wants an additicnal ten foot right of way dedicated If this exemption is granted. I9r. Russell replied that as far as he could determine there was no require- �r ,,cut for widening when the use permit for the Beth -Am Church was issued; the subdivision to the west of the church had a ter, foot wldening strip; the one to the west had at least a 15' one. Commissioner Proft asked what benefit - 8 - PLANNING COMMISSION I=11NUTES - January 14, 1976 LANDS OF FREEMAN - Continued to the Town would there be to acquire an easement. Mr. Russell replied that Planning Commissions and Town Councils in the past have accepted the Idea that Arastradero Road will be widened someday. Commissioner Proft stated if Palo Alto were to widen the road, it would have to go to the northerly side rather than going into the Town. Mr. Russell advised that If Palo Alto wanted to widen the road, it could put a concrete curb, a burn, right up to the southerly boundary line. The only place the Town has any right of way is at the bend caning just before La Cresta-Arastradero Intersection. Palo Alto once said it was going to put In four lanes and the Town replied that It would put up barricades to stop them. Actually, the Town could not have stopped them. He thought that Palo Alto backed off simply because they didn't really have a plan of how they Intended to develop the property. Commissioner Hillestad asked if the Town owned a ten foot right of way, would that prevent Palo Alto from putting a burn right up to the property line? I•r. Russell replied that he thought that would mean getting Into a joint powers agreement between the two adjacent cities to accomplish that. If Palo Alto should put a curb right at the property line, a person would either have to walk in the street or across private property. Commissioner Brown Inquired what the ten foot right of way would be used for should it be granted. Mr. Russell replied road, path and public utility purposes. Mr. iraeman, the applicant, had no comments on this application, nor did any other member of the audience. Commissioner Schick moved, seconded by Commissioner Hillestad, that the Planning Commission recommend to the City Council that the LANDS OF FREEMAN be exempt from the subdivision moratorium,without recommendations. Commissioner Schick said that as far as addressing the recommendations, she would like to see more clearly defined the drainage, taking care of the road work, and would like to include in the motion the number of parcels In this 3.73 acre subdivision. Mr. Pastrof asked if Staff were to expend the time to gather the Information Commissioner Schick wanted, or wait for the subdivision application. He was 11wi without recommendations." the motion cut off after the phrase Mr. Pastrof advised that the applicant would like to know whether he has two or three lots. Commissioner Proft stated that since he did, he felt the Commission should try to give some direction at this time. Commissioner Schick pointed out the lateness of the hour, but Commissioner Proft reminded the Commissioners that the motion to finish all business had been passed earlier. Chairman Carico stated that the Commission will have another 'fir- opportunity to review this property. PLANNING COMMISSION MINUTES - January 14, 1976 6*1 The motion carried by the following vote: AYES: Chairman Carico. Commissioners Hillestad, Brown, Young, Schick. NOES: Commissioner Proft ABSENT: Commissioner Perkins LANDS OF SADDLE MOUNTAIN ESTATES Mr. Russell gave the staff report. He recounted that this application had been before the Town Council and the Planning Commission in various other forms. In all probability the lots shown on the applicants current map will be further subdivided. Quite a bit of grading will be necessary for the roads and homes; there will be scarring of the land. He reminded the Commission of the spirit of the moratorium and recommended dental of the request. Commissioner Schick examined the applicant's map and noted that a frontage road was not shown on 1t and the driveways were Indicated only by slashes. Mr. Russell commented that the applicant had told him a few minute=_ before that he was in the process of obtaining Moon Lane which would afford a backtrack and the possibility of servicing the lower lots. The slope in various parts of the property was discussed; the average slope was 25%, i.e., fairly steep. Commissioner Hillestad could not see any access to Lot 9 or 11. Mr. Eshoo stated this was just an exemption map, not the Tentative Map. The Chairman recognized John Clegg, engineer. He did not see how anyone could consider the cuts and fills for the driveways excessive. Nor was It true, he said, that these parcels could be further subdivided unless the present ordinance (which places a Amit of five hones on a private road) Is changed. The map was not deficient --it was in conformance with the Town's past requirements. He pointed out the access to each parcel. It was determined that the applicant would be amenable to abiding by the new ordinance that was presently being drafted, and that he could have a copy of It now for his edification. Mr. Clegg was warned that the draft ordi- nance might not be the one that the Council ultimately adopts. Commissl oner Schick moved, seconded by Commissioner Hillestad that LANDS OF Fi SADDLE MOUNTAIN ESTATES, le 182-07--007, be exempt from the Subdivision Moratorium with the condition that when the Tentative Map Is being drawn, that the ordinances 1n effect, that will be coming up, w1`H take precedent. Commissioner Young suggested the wording be amended to make It clearer: -'that the future development and subdivision map shall comply with the proposed subdivision regulations now under study by the Town." Mr. Russell cautioned that the ordinances under study might be changed after the Public Hearings, so the Commissioner's suggestion was not followed. - 10 - PLANNING COiMISSION MINUTES - January 14, 1976 11iiiii, LANDS OF SADDLE MOUNTAIN ESTATES - Conti nued Chairman Carico suggested amending the motion to read " with the condition that the new ordinances when approved will apply to development of this land." Commissioner Schick restated her motion, with the approval of her second: The Planning Commission recommends to the City Council that LANDS OF SADDLE MOUNTAIN ESTATES, File 182-07-007, be exempt from the Subdivision Moratorium with the condition that when the new ordinances, now being worked on are adopted and applicable, they will apply to this subdivision. The motion passed by the following roll call vote: AYES: Chairman Carico. Commissioners Brown, Hillestad, Proft, Schick and Young. NOES: None ABSENT: Commissioner Perkins NEW BUSINESS ( None ADJOURNMENT : 1:00 a.m. It was moved and seconded that the meeting adjourn. The motion carried unanimously. Respectfully submitted, Donna Pennington Secretary