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HomeMy WebLinkAbout03/10/1976 (2)PLANNING COMMISSION Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, March 10, 1976 PC: Reel 47, Side One, Tract One, Count 25 to end; Side Two, Tract One, 1 to 800. Chat rman Carico called the meeting to order at 7:35 p.m. In the Council Chambers, Town Hall, Los Altos Hills, California. A. ROLL CALL: Chat man: Judith Carico Commissioners: William Perkins, Theodora Schick, and Kenneth Young Also Present: R. E. Crowe, Citv Manager, K. R. Pastrof, Town Planner; and 0. Pennington, Secretary. B. CONSENT CALENDAR• Approval of the Minutes of February 25, 1976. The minutes were corrected as follows: Page 2 Last paragraph. Strike eighth word (illegal). Page 4 Seventh paragraph. Strike sixth word; substitute "appropriate." Commissioner Young moved, seconded by Commissioner Perkins that the Minutes of the Meeting of February 25, 1976 be approved as submitted. The motion passed by the following vote: AYES: Chat man Carloo; Commissioners Perkins and Young. NOES: None ABSENT: None ABSTAIN: Commissioner Schick" Commissioner Schick abstained from voting because she was not present at the meeting. C. SOLAR ENERGY PRESENTATION: Professor Don Aitken Chairman Carlco Introduced Dr. Aitken to the audience and the Planning Cammissloners, then turned the meeting over to him for his presentation. Dr. Aitken was at Stanford for eleven years. After he left there he founded the Department of Environmental Studies at San Jose State where he has been teaching ever since. It is a very personal, albeit underfunded program with about one hundred fifty majors. He happily resigned as Department Chairman In 1973 so that he could go Into solar energy with an emphasis on using It In residential design. He found that solar energy has a fundamental value for the community --it can help alleviate inflation, unemployment and the kw energy crisis. PLANNING COMMISSION MINUTES - March 10, 1976 C. SOLAR ENERGY PRESENTATION - Continued According to Dr. Aitken, a fundamental cause of unemployment In this country is the trade off of energy for labor. Studies have revealed that activities that create more employment require a low amount of energy and vice versa. Asphalts, cements, primary aluminum, and building papers take a lot of energy to make, and provide little employ- ment. He believed that the gas and oil saved by the light rail system, BART, can never compensate for the energy used to make the systema' aluminum cars, the rails, and the cement for Its pillars. Dr. Aitken explained that the basic solar system Is a series of reflectors delicately balanced to catch the sun's rays, which in turn heats the water, which runs through the pipes to heat the hone. The cost to convert a home to solar energy can run from $700 to $8,000 depending on how much work the homeowner wishes to do himself. There is no place In this country where solar energy cannot be generated, nor where It cannot be economically feasible to have, and where there is no market for it. A dormitory at San Jose State was converted to solar energy by Dr. Aitken and his students. The cost of $125,000 has an estimated pay back period of twelve years, and since gas prl ces are expected to rise one hundred and fifty percent over the next three years, the University will realize, In addition, a savings of $164,000 at least for the remaining eight years life of the system. In the past It has taken about sixty years to go from one energy era to another. Because of today's tremendous demands for energy, there can't be this sixty year lag if the economy Is to be supported at Its present level. Dr. Aitken believed a long range, stable energy future can be engineered that would be good for the people and the economy. He warned that It Is the speed with which people are trying to enter the new energy era that Is causing problems more than anything else, and that that speed 1s not needed. Chairman Carlco thanked Dr. Aitken and Invited him and the public to use the Committee Room for a question and answer session. Chairman Carl oo called a recess at 8:55 p.m. The meeting resumed at 9:05 p.m. D. PUBLIC HEARINGS: LANDS OF MJYER, FILE NO. 2029-76, TENTATIVE MAP. Chairman Carl co opened the Public Hearing. Mr. Pastrof advised that the applicant had asked the Santa Clara County Health Department to allow him to use the present leach lines until they failed, and his request had been granted. Therefore, Staff Condition Two was amended to read: "2. Connect all proposed residences on Parcels 1 and 2 to sanitary sewers." and Conditions Three and Four were deleted. `, Cornnssioner Young revealed that he had had one exciting adventure already at the Campo Vista Lane -Fremont Road Intersection. He felt It was essen- flal to have a stop sign put In to prevent an accident. He noted that directly across from Campo Vista Lane, on Miranda and on Fremont, there were three way stop signs already in place. - 2 - PLANNING COMMISSION MINUTES - March 10, 1976 LANDS OF MOYER:DISCUSSION - CONTINUED MOTION Commissioner Young moved that another condition be added to the ones listed In the Staff Report of March 8, 1976: 1118. Install a stop sign on Campo Vista Lane and Fremont Road." Commissioner Perkins seconded the motion for purposes of discussion. He didn't think the Commission had enough Information to determine the effectiveness of such a sign and what traffic flow It would control. He questioned whether the Town could Install such a sign on private property. Mr. Crowe advised It would be Inappropriate to attach that condition to a Tentative Map recommendation. Commissioner Schick suggested the matter be referred to the Traffic and Public Safety Committee for evaluation. Commissioner Young was amenable to doing so, provided It did not delay in any way the procedures Involved In the map and development of the land; and that the Committee got their answer Into Staff within ten days. Commissioner Young then withdrew his motion, and Commissioner Perkins with- drew his second. Commissioner Perkins suggested that when the slope density calculations point to a slope of less than 10%, they should be cut off at that point. He also said It was not necessary to present slope density ca lculatlons for Individual lots. Mr. Crowe and Mr. Pastrof both advised that it was appropriate for the Commission to Include a recommendation on the Conditional Use Permit for the secondary dwelling with this application, even though the applicant had not yet applied for It. Commissioner Schick noted the verbiage of the second paragraph on Page 2 of the Staff Report was Identical to the wording In the Staff Report made for another appllcati on the Commission had reviewed in the past (" the two parcels should be considered as one . . . "). In that particular case, after considering the application as a one parcel situation and making a recommendation on that basis, the one parcel became two. Commissioner Schick asked for reassurance that would not happen in this Instance. Mr. Pastrof re -affirmed his statements In the Staff Report of March 8, 1976. Commissioner Schick questioned the necessity for Condition 15 which pertained to removal of vegetation. She was advised that the undergrowth In that area was considerable and caused sight Impairment. She asked that the condition be reworded so that It didn't imply carte blanche authority to remove trees, shrubs and other growth. MOTION Commissioner Perkins moved, seconded by Commissioner Young, that If there is a need for any major removal of vegetation, that the issue be brought back to the Corrlsslon for review. The motion passed unanimously. Chairman Carlco noted her request for a ruling from Mr. GI I Ilo regarding the legality of attaching a condition which would allow the Commission to recommend a fee for roads to be applied when future subdivision occurs. Mr. Crowe advised her that the answer was "yes." - 3 - PLANNING COMMISSION MINUTES - March 10, 1976 LANDS Of MOYER: DISCUSSION - Continued ♦, Commissioner Schick asked whether corner parcels Incurred road in lieu fees for both frontages. She was advised that those fees were calculated for one street only. John Humber, of Sandis Engineers, representing the applicant, objected to two Staff recommended Conditions: 16 and 17.c.2. He reminded the Commission there were precedents for levying a road in lieu fee after dedication. He stated the Campo Vista Lane is currently twelve to fifteen feet wide and no further grading Is requl red. There Is no need for it to be a forty foot right of way. A thirty foot width, gradually tapering to twenty fleet, would be more than adequate. Chairman Carica thanked him for speaking. Commissioner Schick stated, for the record, that she considers each case on Its own merits. Commissioner Perkins commented that the Lands of Moyer was in an area where throughness was not a major problem. He felt the applicant's engineer's suggestion worthy of consideration. He asked if there would be any objection to the Commission continuing the application to another meeting so It could be given further study. Mrs. Penny King, the prospective buyer of the property, did not want a postponement. Chal man Car)co closed the Public Hearing. The Conditions listed In the Staff Report of March 8, 1976 were reviewed and the follow Ing actions taken: Condition 10 he consensus was to change the wording to read: 1110, The setback line for all future Improvements to all parcels shall be computed from the westerly boundary of the irrevocable offer of dedication." Condition 15 (Removal of vegetation) Commissioner Young moved, seconded by Commissioner Schick, that Condition 15 be deleted. The motion passed by the follow Ing vote: AYES: Chairman Carico, Commissioners Young and Schick. NOES: Commissioner Perkins. Condition 16 Commissioner Schick moved, seconded by Commissioner Perkins, to change the wording of Condition 16 to read: 1116. Dedication of a right of way easement along the entire easterly boundary of Parcel 3, commencing at the lot line of Parcel 2. The right of way to be thirty feet (301) in width at the junction kaw of Parcels 2 and 3. Said easement to decrease to twenty feet (201) In width within one hundred feet (1001) while traversing In a southerly direction. Said easement to remain twenty feet In width to the southerly boundary of Parcel 3." The motion passed unanimously. - 4 - PLANNING COMMISSION MINUTES - March 10, 1976 Condition 17.c.2. The consensus was to change the wording to read: 17.0.2. The applicant to enter Into a binding agreement, satisfactory to the City Attorney, to guarantee the installation of their share of street improvements fronting Parcel 3 on Campo Vista Lane at such time as other properties using Campo Vista Lane for ingress and egress are further subdivided." RECOMMENDATIONS TO THE COUNCIL Commissioner Schick moved, seconded by Commissioner Perkins, that the Planning Commission recommend that the Council APPROVE the Tentative Map application of the LANDS OF MOYER, File 2029-75, with conditions as modified by this Commission, this date. The motion passed unanimously. Commissioner Perkins moved, seconded by Commissioner Young, that the Planning Commission recommend that the City Council grant conditional exceptions to Section 9-5.504 of the Los Altos Hills Municipal Code (Setbacks) for the following structures: the primary residence, the water tank at the southeast corner, the bath house located south of the primary dwelling, the water tank serving the secondary dwelling, and the carport adjacent to the secondary dwelling. The motion passed unanimously. Commissioner Perkins moved, seconded by Commissioner Young, that the Planning Commission recommend that the City Council grant a Conditional Use Permit for the secondary dwelling, in accordance with Section 9-5.703, inclusive, of the Los Altos Hills Municipal Code. The motion 4 passed unanimously. Chairman Carico moved, seconded by Commissioner Young, that the Planning Commission recommend to the City Council that the Tentative Map of the LANDS OF MOYER be declared exempt from the provisions of the California Environmental Quality Act, and that a "Negative Declaration" be filed with the Santa Clara County Clerk. The motion passed unanimously. Chairman Carico recessed the meeting at 10:45 p.m.; resumed it at 10:55 p.m. 0. PUBLIC HEARINGS: LANDS OF TAAFFE, File No. CU8009-76 . Cnairman Carico opened the Public Hearing. Commissioner Schick stated the only reason she was looking at the applica- tion was because it appeared to fall under the provisions of the Civil Disaster Act. She thought it should be spelled out from the beginning that the application for a Conditional Use Permit would be viewed from that angle and the Commission would act on it accordingly. Commissioner Perkins stated that the Local Civil Disaster Council, set up by the Act, should make a recommendation on this application before the Commission considered it. Mr. Crowe advised that the application was being made under Municipal Code Section 9-5.703H which allows for public utility and service uses. This was new and uncodified legislation, and the Commission did not have a copy of it. - 5 - PLANNING COMMISSION MINUTES - March 10, 1976 LANDS OF TAAFFE - Continued Chairman Carico asked whether it would be within the Commission's puMew to recommend another location for the storage yard. She was advised that could be done, however, the Installations exist as shown on the map. A new location would require construction of new facilities. Commissioner Young stated that since the Commission didn't have the recommendation from the local Disaster Council nor the Code Section on which this application was based, it was futile to go on. MDT I ON Commssioner Young moved, seconded by Chairman Carico, that the Staff obtain a statement from the Local Disaster Council saying in fact that the equip- ment now in the Taaffe area is essential to the Town in case of an emergency. The motion passed unanimously. Chairman Carico stated that this action was for the protection of the Town and for the applicant. It was noted that there were a number of other prospective applicants for a conditional use permit who could tali under the provisions of the Civil Disaster Act, and that it was entirely possible the Commission would be acting on others In the future. The general consensus was that If the Commission considered an application in the light of the Civil Disaster Act, the fact that it had been In business for over twenty years or less than one year would be immaterial. MDT I ON r Commissioner Schick moved, seconded by Commissioner Young, that the LANDS OF TAAFFE application for a Conditional Use Permit be continued to the next regularly scheduled Planning Commission Meeting. The Staff was directed to provide copies of the Disaster Council recommendation and the applicable Municipal Code Section 9-5.703H to the Commission in ample time for review. The motion passed unanimously. Commissioner Young moved, seconded by Commissioner Schick, to continue the meeting to 12:00 a.m. The vote on the motion was: AYES: Commissioners Schick and Young. NOES: Chairman Carico ABSTAIN:Commissioner Perkins. Mr. Crowe advised that the meting would have to adjourn. Whereupon, Chairman Carico called for the vote again: The motion passed by the following vote: AYES: Commissioners Perkins, Schick, and Young. NOES: Chairman Carico. Commissioner Schick asked to be provided with information that this new Disaster Act legislation does not apply to new business In Town. Commissioner Young thought that if the Disaster Council found deficiencies in the Town which are notable, they will somehow recommend that the Town obtain the required whatever It is --whether it be an ambulance service or bandages. PLANNING COMMISSION MINUTES - March 10, 1976. E. APPLICATION FOR EXEMPTION FROM MORATORIUM : LANDS OF LA PERA Mr. Pastrof hadnothing to add to the Staff Report. It was noted that the new subdivision ordinances draft will be presented to the City Attorney libv In about a week. Mr. Paul Nowack, speaking for the applicant, said he realized this, that they were just seeking time to accumulate all the data required. Access and drainage is a problem In the area, and It will take a little time to work out. RECOMMENDATION TO CITY COUNCIL Commissioner Young moved, seconded by Commissioner Schick, that the Planning Commission recommend that the City Council APPROVE the application for Exemption from the Moratorium entitled LANDS OF LA PERA, APN 175-21-76, subject to the condition that the applicant: 1) comply with the new subdivision ordinances as and when they are brought into effect; and 2) be made fully cognizant that severe drainage and access problems exist on this parcel; and 3) sign a waiver of the fifty (50) day required action period mandated by the Subdivision Map Act. The motion passed unanimously. MOT I ON Commissioner Young moved, seconded by Commissioner Schick, that Agenda Items F., G., and H. be continued to the next regularly scheduled meeting of the Commission. The motion carried unanimously. I. ADJOURNMENT: 11:36 p.m. There being no further business, it was moved, seconded, and unanimously carried that the meeting be adjourned. go - 7 - Respectfully submitted, Donna Pennington