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HomeMy WebLinkAbout04/28/1976VARIANCE AND PERMIT COMMISSION Town o` Los Altos HT is �.' 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGJLPP. °AFETING Wednesday, April 28, 1976 re-! 50, Side 1, Tract 1, Count 1 to 820. Cha;tura a=rk!ns called the meeting to order at 6:45 p.m., in the Gouncll Chamberc., "(cwn Hnll, Lis Altos Hills, California. A, ROLL CALL: Chairman William Perkins Commissioners Judith Carico and Theodora Schick* P-c_arrF: A. D. Russell, City Engineer; K. R. Pastrof, Town Planner: D. Pennington, Secretary; R. E. Crave, City Manager. Absent: Commissioner William Hahn *Substituting for Comilssloner Hahn. B. CONSENT CALENDAR The approvalof the minutes of the meeting of April 14, 1976 was co�ltinued because of the absence of Commissioner Hahn. Chairman Perkins asked that those minutes be amended to show the key argument for the Commission's decision. Mr. Russell requested that any person making a motion, state the reason for it. C. PUPLIC HEARINGS: LANDS OF BRORS Chairman Perkins opened the Public Hearing. Mr. Pastrof gave the Staff Report and emphasized that this parcel had six plus acres, yet there was only one hcmeslte possible due to the steepness of the land. The property's road frontage Is extraordinary --about 1,068'-- which ' borders Moody Road and Chaparral Way, a private road. Slope density would not be In favor of a I�r �ubd�vlslon of any of the neighboring properties, but ultimately there will be more than the five parcels currently bei.„g served by Chaparral Way. Mr. P*,,tre; told the Commission the majcri?y cr the CounclI was not In favor of private roars. He advised that he and the applicant had reviewed the Staff Report and the applicant objected to Conditrbns 11, 12, 14(c) and 14(d). Chairman Perkins thanked Mr. Pastrof and called upon the applicant, Dan Bror:. Mr. Beers emphatically stated he was not in favor of the Conditions that Mr. Pastrof had noted. He particularly objected to the road in lieu fees for Chaparral Way. He thought the fees should be based on the number of people who use the road, rather than the number of feet of frontage. Chairman Perkins thanked him for speaking. Commissioner Carico Indicated that what Mr. Pastrof had said about the majors h/ opinion of the Council towards private roads was surprising. She was under the impression the majority of the Planning Commission and the City Council were in favor of private roads. She herself is very definitely for private roads In this Town and for a realistic approach towards their maintenance. She stated she will do everything she can to work towards that end. VARIANCE AND PERMIT COMMISSION MINUTES - April 28, 1576 LANDS OF BRORS - Continued, Commissioner Schick stated Page 2 of the Staff Report reflected her belief that the road in lieu fees were exorbitant, In that 810,000 is a large sum to be paying for fees for a building site that can only accommodate one home and can never be further subdivided. Cl:e suggested that since that was the case, the parcel be considered as an acre square and the fees based on that configuration. Chairman Perkins recognized former Councilman, T. McReynolds, who advised ghat a number of studies had been made of the area. He was in favor of the unit of measurement for road in lieu fees suggested by Commissioner Schick. He pointed out 'rhe odd shape of the Brors property gave It Inequitable frontage on both I400Cy Road and Chaparral Way. Chairman Perkins thanked him and called upon R. W. Poole, 26041 Moody Road. Vr. Poole recounted the history of the Immediate area and expressed concern .hat Chaparral Way was to be made a public road. Chairman Perkins wondered if the whole Planning Commission shouldn't be Involved in the discussion of this application since this Commission would be taking action on a very small fraction of a road which is an important entry way to a number of properties; also, this Commission did not have the benefit of the Information from the studies mentioned by Mr. McReynolds. Commissioners Carlco and Schick stated that Inasmuch as the property was ( not further subdivldable, they were prepared to make a decision. fir' Chairman Perkins closed the Public Hearing. REVIEW OF CONDITIONS Commissioner Carlco moved, seconded by Commissioner Schick, that Condition 10 be deleted. The motion carried unanimously. CONDITIONS 11 and 12 (Pathwa ) Commissioner Schl ck stated the land on Moody Road has as high as ten foot vertical upness. There was no safe way children can get up there and trans- verse It. There Is one flat portion on the Brors property and that Is where the proposed path is supposed to go. The Town has a ten foot easement on the Sisters of Charity property. She failed to see why there was a need for anothsr tan feet coming Inside the Brors property where the terrain Is very steep and hazardous. In her opinion, a native path would cause erosion, not Impede It. Chairman Perkins called upon Mrs. E. Fiksdal, Chairman of the Pathway Com- mittee. Mrs. Flksdal advised that the proposed path was steep but not Impossible, with beautiful views. The Committee would like to contlnue the path up to the Horton property because they wanted throughness to Aitamont. .Although their request was for a ten foot easement, actually they wanted a gentle, curving path which would follow the terrain and wind around obstacles. They did not want the path to continue down to Moody Road to the sharp corner. What they wanted was to come back along Moody Road, staying as low as possible to the road, but still to be on that shelf, and continue the pathway along to a point about where the McReynolds mailbox Is on Moody Road where there Is a very nice, flat place to gently switch back down. It was studied, It was walked, and it is quite feasible. This would give horses and pedestrians a safe place to stand and see if it Is safe to cross. After they crossed Moody Road, they would be on the Belucchl 51de of Moody and would be able to use that path to no up Moody Road. VARIANCE AND PERMIT COMMISSION MINUTES - April 28, 1976 / LANDS OF BRORS - Continued \/ Commissioner Schlcl: common'ed that if thhe p-ih vire Installed as Mrs. Fiksdal had Indicated she wanted it io �e, Mr. Brors would lose the flat area he planned to use for his own horse ring. Mrs. Fiksdal did nct think the path would Interfer with Mr. Brors' plans. If pedestrians and horsas do not have this access, they will have to go all the way back to Snakey Road to cross the road there and come up the other side. She felt the pathway request was an Important one. Mr. Russell agreed inat the pathway request was feasible, however, he didn't think It should encroach that much on an Individual's property. The Brors property had only that one flat place at the bottom. Commissioner Carico commented the pathway on the southerly side of Moody Road is heavily used at the present time. She knew it was the policy of the Path -- wry Committee to get foot and horse traffic off roads but she felt what they were recommending was a steep and dangerous path. Mr. McReynolds advised that there was a path that goes all the way from "body to Altamont now. He, too, cited the fact that the applicant's property has very little flat area, and stated that in order for the path, described by Mrs. Fiksdal, to be useable, It would have to encroach on that flat area. In his opinion, the Condition deprived the property owner and duplicated a path currently in use. Mr. Paul Nowack, an engineer representing the neighboring LANDS OF BELUCCHI, suggested a path In lieu fee assessment which wourd help pay the cost of developing a path on the southerly side of Moody Road. MOTION - Re Condition 11 Commissioner Carico moved that Condition 11 be deleted and the following substituted: 11. The Variance and Permit Commission recommends no path be Installed along said property along Moody Road, but that an in lieu fee of $1.00 a foot for seven hundred eighty feet be recommended for the paths in that area along Moody Road. Commissioner Schick seconded the motion, which passed unanimously by Roil Call vote. MOTION - Re: Condition 12 Commissioner Schick moved that Condition 12 be deleted. Commissioner Carico seconded the motion, and stated that her reason for doing so was that there is a path on the Sisters of Charity property that does connect to Altamont; there is also a path either on the Ferrari or Moody Springs property that connects to Altamont, going from Moody Springs through to the old Altamont Stables property. Chairman Perkins stated he was not in favor of deleting this Condition because the path coming down towards Moody was very steep and a switchback arrange- ment would be a good thing. If the switchback couldn't be achieved in the present ten foot easement, an additional easement on the subject property is appropriate for the distance necessary --maybe Its full length. - 3 - VARIANCE AND PERMIT COMMISSION MINUTES - April 28, 1976 kw LANDS OF BRORS - Continued Chairman Perkins called for the vote by Rolf Call: Commissioners Carico and Schick Aye Chairman Perkins No CONDITIONS 14c and 14d Commissioner Schick commented that this property Is not further sub dividable. If It were, she for one would never question the road in Iieu fees pro - that the f rromdthistsite, so that wascherhe Staff. Tfat s rationale foapplicant stating ashe n felly t then fees use were exorbitant. mmii tom mthes comisSchick ioner that the that road in lieu fees totals 9 36feet at $3.50maend foot. Mr. Crowe advised that if the Commission desires to have Chaparral Way remain a private road, it was Inappropriate to levy road In lieu fees on a private road. Commissioner Schick withdrew her motion, and substituted: The Variance and Permit Commission recommends to the City Council that Condition 14 dbe deleted because It is the Intent of this body to recommend to the City Council that Chaparral Way be kept as a private road. Commissioner Carico seconded the motion, which passed unanimously on Roll Call vote. Commissioner Schick moved that the road in lieu fees for Moody Road be 365' at $3.50 per g for, ands the lotus neverus subdividablis e excessive motion length to be paying died for lack of a second. It was noted the foregoing motion, If adopted, would not cover the cost Road Sto thown of taffe's recommendation mwass basedonaRtwo Inch) overlay d they bwith necessary. to someleveling courses Inbetween. Chairman Perkins stated the Commission was not here to adjudicate how to on the roads. That is a tough problem and there proportion In lieu fee's are Inequities. This may be a case In point but It is not this group's problem to solve, It Is the City Council's. He encouraged a motion to acknowledge the recommendation of the Staff, which was based on precedent, misslonerw Caricotstatedashe ewas not acknowledge ding to s recommend us irsquItY. � the sme nd Condition 14c as it was written. MOTION Commissioner Carl w moved that the Variance and Permit Commission Is not to the City Council that inasmuch as this parcel (LANDS OF BRORS) Is not Couno I for roadInlieut a fees for Condition policy of bedeveloped applicatiothe n. Commissioner Schick seconded the motion. - e - VARIANCE AND PERMIT COMMISSION MINUTES - April 28, 1976 LANDS OF BRCRS - Continued Lr Mr. Crowe advised that the Commisslon should also recommend a fee, because It would take time to formulate a policy. Commissioner Schick moved that the motion be amended by adding: "That road In lieu fees for Moody Road be $1,500." Commissioner Carico seconded the amendment to the motion. The vote was: Commissioners Carico and Schick Aye Chairman Perkins: No Chairman Perkins then called for the vote on the main motion. It passed un- animously. Commissioner Carico asked that the record stipulate that the amount the Commission voted on and the amendment to the motion was in order to facilitate this application. MOTION Re Variance Length and number of Darcels served by private road oner Schick Commission commented that the more private roads there are in this Town, the happier she will be. She moved that the Variance and Permit Com- mission recommend to the City Council that It grant a variance from Municipal Code Section 9-4.601(c) and (1) Inclusive. Commissioner Carico seconded the motion, which carried unanimously by Roll Call vote. 4,+ MOTION Re BSA C—anmf ssf oner Carico moved, seconded by Commissioner Schick that the Variance and Permit Commission recommend to the City Council that the But lding Site Approval application of the LANDS OF BRORS be granted subject to Conditions, as amended, listed In the Staff Report of April 23, 1976. The motion passed unanimously by Roll Call Vote. MOTION Re E I R Commissioner Schick moved, seconded by Commissioner Carico, that the Variance and Permit Commission recommend that a Negative Declaration be fl led for the LANDS OF BRORS. The motion passed unanimously. C. PUBLIC HEARINGS: LANDS OF ANTUNES AND MC CANDLESS Commissioner Schf ck moved, seconded by Commissioner Carico, that the LANDS OF ANTUNES be continued Indefinitely, and that the LANDS OF MC CANDLESS be con- tinued to the meeting of May 26, 1976. The motion carried unanimously. D. NEW BUSINESS Mr. Russell expressed the opinion that It would be beneficial if some member of the Pathway Committee could attend the Subdivision Committee meetings. Due to the lateness of the hour,discusslon on this subject was not pursued. Mr. McReynolds thought certain policy matters,ssuch as the basis for road in Ilei lieu fees, should originate with this Commission or the Planning Commission. He also suggested that the Town provide monuments which can be Imbeded In the roadway, to persons doing surveys. Mr. Crawe noted that the Town did require that for subdivisions. Chairman Perkins thought these were good Ideas, but the hour was late and it was not an Issue before the Commission at the moment. E. ADJOURNMENT: 8;17 P.M. was move It d, seconded, and unanimously carried that the meeting be adjourned. - 5 -