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HomeMy WebLinkAbout06/09/1976 (2)PLAONING COMHISSION Cal Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, California Minutes of a Regular Meetino liednesday, June 9, 1976 Reel 52, Side 1, Track 1, 371 to End; Side 2, Track 1, 001 to 4W Chairman Hahn called the meeting to order in the Council Chambers, Town Hall, Los Altos Hills, California. A. ROLL CALL - PLEDGE OF ALLEGIANCE: Chairman Hilliam Hahn, Commissioners Perkins, Rydell, Stewart and Young Commissioners Carico and Schick were absent. Staff Present: R. E. Crowe, City Manager; Alexander Russell, City Engineer; Kenneth R. Pastrof, Town Planner; and Ethel Hopkins, Secretary Chairman Hahn called the Commissioners' attention to the fact that they had received new sheets showing assignments to the Variance P, Permit Commission and Council meetings. He would send out shortly assignments to Site Development and Subdivision Committee meetings. B. APPROVAL OF MINUTES - Meeting of May 26, 1976. Commissioner Perkins requested the addition of the following comment on Page four of the May 26th Minutes. He asked that prior to his motion on the Historical designation,the statement "It appears that whether or not the Historical designation is removed, the Rossi property can be developed within our Town Ordinance." be inserted. Chairman Hahn asked that a typed statement given him by Mrs. Irma Goldsmith be inserted into the May 26th Minutes in place of the remarks ascribed to her. There was some discussion as to whether this was correct procedure in correct- ing minutes, and whether this in fact was exactly shat Mrs. Goldsmith said. The result was to add a statement to the remarks existing in the Minutes. MOTION: Commissioner Stewart moved, seconded by Chairman Hahn, to amend the remarks ascribed to Mrs. Goldsmith on pace five of the Minutes, with the statement "She felt the intersection at Hatoma should be a four-way intersection." fir Motion passed by the following roll call vote: AYES: Commissioners Perkins, Stewart, Young and Hahn NOES: Commissioner Rydell MOTION: Commis^ioner Young moved, seconded by Chairman Hahn, that the Minutes of the meeting of May 26th stand as written and corrected. Motion passed by the following roll call vote: AYES: Commissioners Perkins, Stewart, Young and Hahn. it NOES: None ABSTAIN: Commissioner Rydell abstained because he was absent from the May 26th meeting. PLANNING COMMISSION MINUTES - June 9, 1976 ay C. CONSENT CALENDAR - No items. D. REPORTS AND COMMUNICATIONS: Mrs. Bets Fiksdal, ks dal, Chairman, Pathwa Committee, addressed the Commission with er report of t e propose proce ure o t e Path�.vav Committee in developing a Master Pathway Plan. She noted that all candidates for the City Council election had called for the development of the plan. She noted that the first three tasks outlined on the list prepared for the Commission were basically fact-finding tasks (the preparation of an Easement Map, an In -Use Path Map, and a listing of Missing Links). Other tasks the Committee would work on were a Statement of Purpose and a list of Proposed Path Corridors. Mrs. Fiksdal said she could not give a timetable as to when these proposals would be completed. Chairman Hahn noted that Mrs. Fiksdal was to thanked for this very needed piece of work, and that every time the Planning Commission considered a piece of legislation on land much discussion was given to oaths. Chairman Hahn referred the matter to members of the Commission for discussion. Commissioner Young raised the question of De -Facto and In -Use Paths, asking if these paths were recorded on official maps, would this be prescribing an easement over someone's land? Mr. Crowe, City Manager, addressed himself to this question, stating that 420 there were no rights by prescriptive rights since prescriptive rights could not be proved in the case of trespassinq over someone's private property. Mrs. Fiksdal noted that an example of an "in -use path" was the path across the Rossi property, and Commissioner Young noted that he was mentioning this as a warning, and that another path that was an "in -use path" from Manuella to Fremont near the school. Ccmmissioner Perkins raised the question of fiscal support, notinq that the City Manager had mentioned earlier that the Council had tentatively approved funds for development of Master Pathway Maps and other maps the Commission had requested. Commissioner Perkins further noted that the Statement of Purpose should be first in priority and was greatly needed because he feared the Town was running out of time to develop a Master Pathway Plan. Commissioner Hahn summed up the feeling of the Commissioners that Mrs. Fiksdal and her Committee were to be commended for their logical and practical efforts to develop the Master Pathway Plan. E. PUBLIC HEARINGS: I. LANDS OF STONEBROOK, Stonebrook, Oneonta, Request for Approval of Tentative ?lap. Mr. Ken Pastrof, Town Planner addressed the Commission concerning the 4W Lands of Stonebrook, calling the Commission's attention to a correction on the Staff Report, Page 2. Condition 1 should read "A soils report on all parcels..." in place of "A soils report on Parcels #1 and 02...". -2- PLANNING COIRIISSION MINUTES - June 9, 1976 `/ E. PUBLIC HEARINGS: (Continued) 1. LANDS OF STONEBROOK: (Continued) Mr. Pastrof told the Commission the soils report has been done. He noted that the corner parcel on the map had been excluded when the first subdivision on Stonebrook had been considered. This left the remaining parcels which were not be be subdivided until the Commission accepted the Tentative flap. Condition 12 had been completed with a very good type lA Path surrounding the property, making the area a very safe one. All trees and a sprinkler system for maintenance had been installed. This left only only item lc under Condition 13, maintenance for two summers, to be com- pleted. Nr. Pastrof noted that staff and applicant have worked a long time on the property. Chairman Hahn opened the discussion to Commissioners: Commissioner Perkins questioned the property opening on a private road with Mr. Pastrof replying that the road is half public and half private. the applicant side being on a public road. Pyr. Crowe noted further that all five lots in the pro- posed subdivision would exit on a public road. Chairman Hahn opened the discussion to the public: P1r. Bill Crowll, Inwood Cor oration addressed the Commission stating t a e was aevfl a e or urt er questions, noting that the report from Staff had covered all work done. There being no further addresses from the floor, the public hearing was closed by Chairman Hann. 110TION: It was moved by Commissioner Young, seconded by Commissioner Hahn, that the Lands of the Church of Jesus Christ of the Latter Day Saints, Stone - brook #2, Request for recommendation of approval for Tentative �±ap, be recommended to the Town Council with the conditions as amended and shown in the report dated Play 2.0, 1976. The motion passed by the unanimous roll call vote of the Commission. POTION: It was moved by Commissioner Young, seconded by Commissioner Hahn, that negative declaration be filed in respect to the Lands of Stonebrook 42. The motion was passed by unanimous consent. Chairman Hahn at this point in the meeting called a ten minute recess. Chairman Hahn, in calling the Planning Commission to order after the recess, noted that due to an oversight, the Lands of Russell, File #CUP8012-76, Request for Recommendation for Approval of Conditional Use Permit, was not agendized as directed at the Planning Commission meeting of May 26. 2. LANDS OF NORTH, Via Ventana, Request for Recommendation for Approval of Ten a f ve 7iT Town Engineer, Mr. Alexander Russell, reviewed the background on the property, calling the Commission's attention to the information con- tained in his staff reports to them. He noted that the two lots have limited frontage on Ilia Ventana. Mr. Russell discussed thoroughly, referring to his memo to the Commission on roads, the issue of the private road that gives access to Dr. North's property, as well as to those of other residents bordering on the Lands of North, specifically -3- PLANNING C011MISSION MINUTES - June 9, 1976 4W E. PUBLIC HEARINGS: (Continued) 2. LANDS Of NORTH: (Continued) Lands of Jones and Lands of Corbus. He referred to Staff Mena of May 21, noting that in addition to Storm Drainage and Park and Recreation in lieu fees, Pathway fees should also be added in accordance with Council Resolution of the meeting of June 2. He then read Mr. Harry Sella's letter stating his preference that the road to Dr. North's property remain a private driveway. ("1r. Sello is a potential purchaser of one of Dr. North's lots.) Mr. Russell stated that one of the conditions for Lands of North is that the subdivision be carried forth and com- pleted in accordance with the then -proposed subdivision ordinances. There was nothing in the new subdivision ordinance relating to private roads. Mr. Crowe, City Manager, commented that the Council discussion wanted some provision made for private roads. Considerable discussion ensued on the issue of private roads, and how access could be gained to all properties ccncerned. Chairman Hahn clari- fied that access was gained to lots through deed easements. Commissioner Perkins wanted to make sure that adequate access to °11 properties was provided for and shown on the map. Vr. Russell said that he would take some responsibility for this not being more clearly shown. Chairman Hahn opened the discussion for public discussion. fir. John Clegg,1plicant_ s Engineer discussed further the issues ve access to is client ient's property and urged approval of Dr. North's Tentative flap. Ms. Cherie Millward Caldwell Banker, Realtorfor, theAPplicant spoke for approval of the request for approval oP Tentative Map. Mr. Carey Jones Owner of Lands of Jones, spoke for approval of the private road agreement and Lands of North. f1r, Robert North, Owner of Lands of North, spoke for approval of Lands a or . Mr. Hermanoff, Attorney for Mrs. Robert North, spoke for approval. _ . -A minhhnr to Dr. North,urged The agreement on the private road was submitted to the Commission by Mrs. Cherie Millward spelling out the terms of maintenance and use. Chairman Hahn closed the public hearing. MOTION: Commissioner Stewart, seconded by commissioner Perkins moved that if Toto Ordi- he jointly shared road remain a private roadway; however. nances as finally adopted for subdivisions set a set of specifications L for private roadways, that the Lands of North will have to conform to Car specifications. This motion is to replace Condition 5 on the List of Conditions.R dell, Motion passed by the following aye vote: Commissioners Perkins, y Stewart, and Chairman Hahn. Commissicaer Young voted against this motion- -4- PLANNING CONNISSION MINUTES - June 9, 1976 4W E. PUBLIC HEARINGS; (Continued 2. LANDS OF NORTH: (Continued) There was still discussion on the kind of road to be allowed for Lands of North with Commissioner Young noting that a private road for the full length of the road for all persons concerned would be overkill for this situation, Mr. Russell noted that once you have a private agreement recorded, the Town is out of the picture. The Town can't enforce a pri- vate agreement. commissioner Stewart noted that Commissioner Young desired that the Commission should consider a private road to the inter- section and a driveway the rest of the way on the North property, and where it hits Parcel "2 going over the Corbus property. Cocnissir,ner SCeeia.rt trieL' to change ms crigin+ l notion by ,vending it, then he moved to reconsider the motion making the jointly -shared road a private roadway. NOTION: Commissioner Stewart, seconded by Commissioner Younp, moved to reconsider the motion just passed. Rydell and Hahn. Notion failed with Noes by Commissioners Perkins, y Aye votes were cast by Commissioners Stewart and Young. NOTION: Chairman Hahn moved, seconded by Commissioner Rydell, to approve the Lands of North as amended on Condition 5 and to recommended approval of the Tentative Map by the City Council Aye votes were cast by Commissioners Perkins, Rydell and Chairman Hahn. No votes were cast by Commissioners Stewart and Young. !lotion passed. NOTION: Commissioner Perkins moved, seconded by Chairman Hahn, to declare a negative declaration with Santa Clara County for the Lands of North. Notion passed with a consensus by all members. There being no Old Business or New Business, Chairman Hahn declared the meeting adjourned at 10:50 p.m.. Respectfully submitted, Ethel Hopkins, Secretary -5-