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HomeMy WebLinkAbout01/29/1976VARIANCE AND PERMIT CCMIIISSIC4 Town of Los Altcs ;!ills L 267: Fremont Ro-id 4I Los Altos Hills, California ADJOURNED f-�T ING Thursday, January 29, 1976 vpc: Reel 44, Sida 2, Tract 2, Count 1 to 950. Chairman Young called the meeting to order at 7:00 p.m., In the Council Chambers, Town Hall, Los Altos Hills, California. A. ROLL CALL Chai mon K. Young, Commissioners D. Proft and T. Schick Also Present: R. E. Crowe, City Manager; A. D. Russell, City Engineer; K. R. Pastrof, Town Planner; D. Pennington, Secretary. Chairman Young asked that the record show the meeting of January 28, 1976 was adjourned to this date to give the Commissioners time to study Information on the LANDS OF ROSSI that It received shortly before that meeting. Staff reviewed their report of January 7, 1976 and the proqress of the application. On January 14, 1976, the Staff advised the Commission the site chosen for the home was a State designated Historical Poln+ of Interest. The Public Hearing was continued to this meeting to give the Staff time to consult with State agencies and the City Attorney. After doing so, the Staff recommended that the applicant submit an Environmental Impact Report. The applicant appealed that decision to the City Council on January 26, 1976. The Council returned the matter to the Commission and asked for a recommendation on both the request for the building site approval and the EIR requirement. PUBLIC HEARING: LANDS OF ROSSI Chairman Young opened the Public Hearing at 7:35 p.m., and called upon the applicant, Ray Rossi, Mr. Rossi stated he had hired an archeologist and had given him freedom to dig where he wished, but asked that he concentrate the dig on the proposed building site. No evidence of historical or prehistorical remains were found, nor were there any physical signs that there were any under- ground. Mr. Rossi had consulted Mrs. Dorothy F. Regnery, a historian, and Katherina Kaiser, member of the Stale Historical Resources Corm ission, both of wham were present. Mrs. Kaiser was Chairman of the Historical Resources Com- mission when the Historical Point of Interest on the (Rossi) site was designated. Chairman Young thanked Mr. Rossi and called upon Mrs. Katherine Kaiser, 1441 Ben Roe Avenue, Los Altos. Mrs. Kaiser advised that the Historical Point of Interest Program was for those sites which did not meet the criteria for State landmarks. Since the State staff does not have the necessary time to devote to the program, it Intends to recommend that it be phased out. She noted that this particular application had been returned for more information because the archeological significance of it was questioned. After more documentation, It had been approved. She advised that an application for a 'Historical Point of Interest, unless It was poorly documented or contained a blatant error, was almost surely to be passed for approval to the concerned county's board of supervisors, who usually routinely approved the request for certification. The State commission and its staff do not have time to check applications. They worked on the theory that a Historical Point of Interest should be one that was Important to the people In the county, and If the county's board of supervisors approved of a site being designated a Historical Point of Interest, it was not the State's responsibility to question It. VARIANCE AND PERMIT COh1MISSI0N MINUTES - January 29, 1976 LANDS OF ROSSI - Continued Chairman Young asked on nhat the State com'rission based its decision. Mrs. Kaiser replied that the cl tiro , deciding factor was the signature of the chairman of the county board cf supervisors. With Chairman Young's permission, Planning Co, 1155101 Chairman Carico asked Mrs. Kaiser if she were questioning the validity of the designation of the historical site. Mrs. Kaiser answered she was not. She was saying, however, that the application for certification had been routinely processed; the staff had not checked the accuracy of the information given, and 1 oas not ^ her charge to question whether this was the site of the Juan Prado sa Adobc-- that is up to the local people to decide. Chairman Young thanked Mrs. Kaiser, and recognized Mrs. Florence Fava, To -..,n Historian. Mrs. Fava read her letter of January 28, 1976 and asked that It be Incorporated into the minutes of this meeting: ITEM: Lands of Rossi. File #BSA 6064-75 I hereby challenge the letter of January 20, 1976 to Manager Robert Crowe. The report signed by Miley Paul Holman, Assistant Curator, Treganza Anthropology Museum is a fair one considering what he had to work with. Read carefully his concluding paragraph. I was not surprised at his finding of a "chert cobble tool" as this site was indeed an aboriginal habitation long before the land was granted to Juan Prado Mesa. (All the more reason for the EIR) In my application to the State I did not pinpoint the exact spot on which the adobe once stood, but stated that It was on this parcel; taking for granted that the top of the knoll was the probable spot because of the proximity of the water nearby. (This Is now a reservoir on the neighboring former Keith land. He hlro- self documented the foundation of the adobe as well as a portion of tha wall surrounding the home.) Because the Rossi's are applying for a tentative subdivision map for the whole parcel (with application for only one dwelling at the present time) I feel that an EIR is definitely required. Particularly because more historical data would be beneficial to the Town's history of this site. The trenches for gas, water, etc., as well as the road will disturb more than just the knoll. I maintain that this site is the Juan Prado Mesa Adobe site and further decisions will be up to the Planning Commission and Council. I resent the Rossis' deliberate attempt to disqualify my historical work for their own selfish reasons (which they threatened me with It an EIR was required). 3. Regarding the report from Dorothy Regnery, Portola Valley historian, I challenge the statement made by the Rossi$ that she is a "quali- fied" historian. My research was done at the Bancroft Library, Berkeley, with early Land Case transcripts (of which I have cables). It did merit a State recognized Historical Point of Interest and it is my desire to file for a State Landmark in the future, which will require the owners' signatures. - 2 - VARIANCE AND_PER!4IT CQ',%41SSIOId 14INUTES - January 29, 1976. LANDS OF ROSSI - Continued 4W After Mrs. Favi finlshod reading her lei -ter, she stFhad that that she wanted vias to have someone present,when frenchln,i and gradin- woro done on the site, who was qualified to judge whether a finning was significant, Chairman Young complimented Mrs. Fava on her research, thou ccmmanted that her analysis showed the building was started in 1844, probably corpletod in 1845, observed to be crumbling In 1861, and razed in 1886. It seemed to him that the archeological ramification would be very, very thin. Chairman Young thanked Mrs. Fava, and called upon Mrs. Kaiser. Mrs. Kaiser stated that Mrs. Regnery had come before the Resources Commission many times to apply for state landmarks, Historical Points of Interest, and the National Register Program. Each time she had been successful. She is a very thorough researcher, and also the author o` a book the Junior League of Palo Alto and Stanford University Press is producing on the preservation of buildings on the San Francisco peninsula. Chairman Young thanked her and invited Mrs. Dorothy Regnery' 488 West Ridge, Portals Valley, to speak. Mrs. Regnery stated she had looked at all the infor- mation that the Town had before writing her fetter of January 22, 1976, and found that most of that Information was from the J. N. Bovman and G. W. Hendry manuscript. She had checked the Town's copy and found it differed slightly in wording and figures from the one In the Bancroft Library. She used an old atlas and the figures she had obtained from the Library's manuscript copy, all the while allowing for errors in measurement, to show that all indications were that the supposed Less site.was not on the Rossi hill. She did not knew exactly where the site was, but she didn't think anyone else, including historians Bowman and Hendry, did either. Mrs. Regnery stated If the Town asked for an Environmental Impact Report before granting this building site approval, it would set an unfortunate precedent. Chairman Young closed the Public Hearing at 8:35 p.m. He recessed the meting, then resumed it a'f 8:40 p.m. He announced that since the public hearing was closed, no further staterents would be heard from the public. Chairman Young stated that primarily there is insufficient evidence to prove beyond reasonable doubt that the LANDS OF ROSS[ site is indeed the site of the Juan Prado Mesa adobe. In any case, the evidence produced indicates that if Indeed Juan Prado built his adobe on this site In 1844, it was observed to be crumbling seventeen years later and razed forty-two years later. The builder, in the first case, has not produced any mark on history and his successors, who lived in the adobe, if they did so, have also not been recognized as having made a notable contribution to history. Commissioner Proft noted that the Municipal Code requires that an archeologist be present at the site. Chairman Young moved, seconded by Commissioner Schick,that the Varir;ncn, anal Permit lilw Commission recommend to the City Council that the requirement for an Envir"- mved, with the condition that prior to construction, ntal Impact Report be wai the applicant shall obtain the services of a qualified archeologist to examine_ the site during the course of excavation for any possible traces of archeological interest. Said archeologist upon finding any material of archeological or historical interest, shall inform the Town Vanager who shall take such necessary action to preserve any remains of historical interest to the Town as may be necesse VARI APJCE AND P -C, .IT CC CI `.SIO,: January LANDS OF ROSS - ContinuedSorin in tus Ton to.,,the following action on the Th Canmissi Cont''i� s Staff Report of Jamnary !, 1)'6• CCPJDITIoN 1 - Soils @-port Staff noted that this condition had hse n ma . CON01T1 CJ 4 - Town 1 torten to be notified prior to any excavation on property !hereto. to. The consensus yeas to delete the Staff trots and all .reference CONDITION 5 - Riaht If Way Easement Chairman Young moved seconded by Comiss•,oner Schick, to as�.e nd this Condition to read: The thirty foot (30`) vehicular right of waay eox�mate lyl sight hund red l Avenue the entire length of the property, pp urisdicttonal sixty two feet (8521), measured at right angles from +he j boundaries between 'rhe Tow of Los Altos Hills and other jurisdictions of Los Altos and the County of Santa Clara. This Condition to be deferred until subdivision application. The motion passed unanimously. CONDITION 6(a) - Pathway Easement MOT I ON: Commissioner r Schick deleted. seconded'by Commissioner Prof, that this ion DI SCUSSI C9J The Chairman of the Pathway Co,-mittee, Mrs. E. I'll dos: Gottlieb expladeferred to ined ',his Mrmbsr Mrs. B. Gottlieb, 25290 Summerhill Avenue. Ij,path is the gateway to others In the hills. Since EI ?Monte is a at O'Keefe and using the path up tosPob le date the horsemen have been crossing If they could Inky have the use of the existing asphalt path, s would be vary noted unpro cctedo lr.t�rse rsectl onrider- He Suggesteds the horsemenacrosss atfileBlights on aid EI Mcnto and Summerhill. _ add a ying Comm t soic'.Er that atl therrotio requestedecaon useher s there ais nd an asphalt g path t there � and the ten asphalt foot easement l the way do n to'Highway1280.+oCommissioner nProftintorefused 'to'ng pat allow the amendment. VOTE for the vote and the motion, unamended, passed by e Chairman Young called following vote: AYES: Chairman young and Commissioner Schick. NOES; Commissioner Proft CO'iDITION 6(b) - Pathway Easement �S. Gat N Ls. Gottlieb and fAr. Pete t-0cSweeney spoke in favor of this condition. They cited the need for a wider path to prevent horse and rider accidents. MOT IOH Chairman Young movad, seconded by Commissioner Schick that this o it be e approved as written, and that the Staff Note ar,d all reference to t be deleteC. The motion passed unanimously. _ q _ AW VARIAN --E AND PERl11T CUVISS'O.'1 - JLruiry 29, 191' LANDS OF ROSSI - Crntlnucd _ CONDITI6>1 6(c) - Pathway (leads to St. 1licholas C,.'ool) ACTION: The general consensus was to add the fo!Irniinc to Condition 6(c): The pathway shall ba li;ited to equestrian, pcde strian, and bicyclist traffic. DISCUSSION Pr. Rossi asked that the adjoining property o•,nr:rs be irformed of this condition. PCT I GN: The Staff was directed to contact all adjo int nq Property or;ners and inform them of the proposed ten foot easement adiacent to their property line, and the Council meeting at which this item will be a,,ended. ADDENDUM The general consensus was to amend the Staff Report's wording pertaining to the Los Altos Fire Protection District Condltlons.as follows: The Los Altos Fire Protection District recommends that all of their conditions be deferred until subdivision application. Reference file letter, Stu Farwell, Los Altos Fire Protection District, dated December 29, 1975. RECOMMENDATION TO COUNCIL - HOTION Commissioner Schick moved, seconded by Commissioner Proft, that the Variance and Permit Commission recommend that the LANDS OF ROSS] request for Building Site Approval, File BSA 6064-75, be approved with all the conditions listed in the Staff Report of January 7, 1976, incorporating all the changes made thereto, this date, by this Commission; and, further, this Commission, after a complete review of the proposed project has determined that it will not ha.e a significant effect on the environment and that no Environmental hepact Report is required, and recommends that a negative declaration be file, ni i;. the County Clerk of Santa Clara County. The Commission further directs Staff to send supportive documentation to the Council as follows: Letters of F. Fava al -ed December 11, 19 d 75, and January 28, 1976 with all the data accompanyi,:g it; Sunpieicental dada of January 27, 1976 received on Mr. Rossi's behalf; Mr. Roosl's ie+tar of January 20, 1975 to the Town Manager, The motion passed unanlmcasly by roll call vote. ADJOUPNh1'MT: 10:15 p.m. There being no further buslress, it was moved, seconded and unanimously carried that the meeting be adjourned. Respectfully submitted, - 5 - Donna Pennington Secretary