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HomeMy WebLinkAbout08/25/1976 (2)CORRECTED MINUTES FOR AUGUST 25, 1976 PLANNING C017MISSION Town of Los Altos Hills [ 26379 Fremont Road �r Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, August 25, 1976 Reel 53, Side I, Tr. 2, 323 to End, Side 2, Tr. 2, 001 to 152 Chairman Hahn called the meeting of the Planning Commission to order in Town Hall, Council Chambers, at 8:05 P.M.. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Perkins, Stewart, Young, Schick, and Hahn Absent: Commissioners Carico and Rydell Also Present: Town Planner Pastrof and Secretary Ethel Hopkins CONSENT CALENDAR: Chairman Hahn asked that the minutes of August 11 be removed from the Consent Calendar. t•DTION: It was moved by Commissioner Hahn and seconded by Commissioner Perkins to approve the remaining item on the Consent Calendar, namely, Lands of 4b, Motion File aTM 2040-76, acceptance of Tentative Map Application. tlotion passed with aye votes from all present. ITEM REMOVED FROM THE CONSENT CALENDAR: Chairman Hahn requested that the Minutes of August 11 be corrected as follows: Page 2, next to last paragraph, the sentence beginning "The applicant is protesting Condition k6 which would require a path being built all the way up Nicole..."after Nicole the sentence should read "and taken down the property between Lots 5 and 6." Commissioner Stewart requested that"$16.00" on Page 6, Lands of Rossi, first motion, fourth line be replaced with"$1600.00". MOTION: It was moved by Commissioner Stewart and seconded by Commissioner Hahn to accept the Minutes of August 11 as corrected by the Planning Commission. Motion passed by the following vote: RYES: Commissioners Stewart, Young and Hahn. ABSTAIN: Commissioners Perkins and Schick PUBLIC HEARING: 1. LANDS OF CASSARA, Voorhees Drive, Paul Nowack, Engineer, Request for Recommendation of Approval of Tentative Flap, File €TF1 2038-76. PLANNING COMMISSION MINUTES OF AUGUST 25, 1976 Page Two PUBLIC HEARING ON LANDS OF CASSA.P,A (Continued) 4 Mr. Pastrof began the discussion with a staff presentation of background material on Lands of Cassara: He noted that the action under consideration was really only a lot split. The property is 3.042 acres with one structure on it served by Voorhees Drive, a private road. There would be few problems with subdivision. However, during the Subdivision Committee meeting when the new Subdivision Ordinance was not available, Staff was under the impression that the City Council had lifted the condition of five parcels on a private road. Mr. Pastrof noted that this was an error in thinking on the part of Staff and Subcommittee. Council had reinserted the condition of five parcels to a pri- vate road, but the road must be a cul-de-sac and must serve no more than five lots. Currently, Voorhees Drive serves six parcels: the lands of Traficanti, applicant Cassara, Incerpi, Johnson, Voorhees, and passed by the Claussen property. The lot split under consideration would make a seventh parcel. served by a private road. Mr. Pastrof noted that all of the surrounding properties were capable of fur- ther subdivision. fie drew attention to staff research into Parcel Man 273 which created the Voorhees Subdivision, calling attention to Appendix 3 and the list of Conditions relative to Voorhees Drive. He noted that Item 2.A(3) was specifically applicable to Mr. Cassara's application for subdivision. After discussion with the City Engineer and City Manager, it was decided that the Commission could grant the subdivision with the conditional acceptance of Voorhees Drive as a public road, or the Commission could grant the sub- division and the City Attorney would contact Mrs. Voorhees for dedication of the public road. At the Subdivision Committee meeting, however, Mr. Pastrof stated, there was a strong desire to keep Voorhees Drive private and not to widen it. Mir. Pastrof finished his discussion with a map demonstration of possible sub- division of surrounding properties, noting that a portion of Voorhees Drive was left to the discretion of the recommendation of the Planning Commission, the City Council, or the City Attorney, but that the matter of the road was a separate and distinct issue from subdivision. Discussion followed among Commissioners on Lands of Cassara in relation to Ordinance 232 requirements in Section 9-4.712, "Dedication of Roadways. Exceptions." Hilltop Drive was mentioned as a possible access to the Voorhees Drive area, but Mr. Perkins stated that he had doubts that Hilltop would in fact be used by area residents. Discussion continued on the matter of granting the subdivision and determining the status of the public road. It was determined that the power of granting egress and ingress belongs of Mrs. Voorhees at the time the road is declared a public road. Mr. Young asked Mr. Pastrof to locate the sewer line serving the area. The applicant's engineer, Mr. Paul Nowack, stated thatthelast manhole was at the edge of the Shriner property which borders the Cassara property. Commissioner Hahn stated that the Commission was under a hardship at the present time to make a decision since they had received their packets late, and there PLANNING COMMISSION MINUTES OF AUGUST 25, 1976 Page Three PUBLIC HEARING ON THE LANDS OF CASSARA (Continued) naa peen no time to contact JIUTT or otner Planning Commission members to inves- tigate thoroughly the problems presented with the subdivision and the private - public road issue. Comm. -Perkins proposed continuing Lands of Cassara for two weeks with the following questions to be researched and presented to the Commission by Staff: Commissioner Young requested that Staff study the full implications of retaining the private road known as Voorhees Drive, and the fact that the former Shriner property is absolutely at the mercy of Claussen and the Voorhees Drive owner as far as development is concerned. It is no feasible to develop the Shriner property with the one and only access at Hilltop Drive. He did not wish to be a party to a hold-up of any piece of property. Property owners, Mr. Young felt should get together and come in with a comprehensive plan for development. Commissioner Schick questioned Mr. Nowack on whether Mrs. Voorhees was aware of the 1970 Conditions on Voorhees Drive, (Appendix 3) Mr. Nowack stated that the matter was not discussed at the Subdivision Committee meeting, fie did state, however, that even though residents had expressed a desire to keep Voorhees Drive private, all had expressed a desire to subdivide. Therefore, the matter of whether Voorhees Drive would remain public or private would be coming up again with ample time to discuss the conditions and Mrs. Voorhees' concurrence. t Mr. Nowack, Engineer for the Applicant; asked that Chief Farwell's conditicn that Mr. Cassara extend his water supply pipe to the end of the cul-de-sac and all the way down Mira Loma be changed. -Mr. Nowack stated -he.kneV the water supply has to come from E1 Monte and go through the nineteen acres to Hilltop, and saw no reason to ask Mr. Cassara to meet an impossible condition since Mrs. Voorhees will grant an easement to connect a water meter. He saw no reason for one property to solve all the water problems in the area, and at trenTridous expense obtain a water supply from an area over which he has no easement. He felt that development of the Shriner property would solve the water problems there. - In discussion on Mr. Nowack's request, Commissioner Schick clarified that what was being discussed were Conditions 4,5, and 6. Mr. Nowack stated that Chief Farwell had agreed to back off his requirements if he (Mr. Nowack) would get a written statement from the Town that they will require the Shriner property to tie their water supply in with the Cassara property. Mr. Nowack stated that his request for the written statement is an absolute necessity because California Water Service has decreed that the water service must come from Mira Loma Way. Commissioner Stewart asked Nr. Nowack to locate the fire hydrant that is on the property, and it was noted that the hydrant is about midway to the cul-de-sac. Commissioner Perkins noted that the water line was paid for originally by the Voorhees at great expense and with much contention, MOTION: It was moved by Comm. Perkins, seconded by Comm. Young, and carried by unanimous roll call vote to continue the Lands of Cassara at i #4W least taro woeks, It was stated at by Joseph Cassara, 24627 Voorhees Drive, thhe concurred In ne co - vnience. Motion passed with aye votes from Commissioners Perkins, Stewart, Young, Schick and Hahn. PLANNING COMMISSION MINUTES OF AUGUST 25, 1976 Page Four PUBLIC HEARING ON THE LANDS OF CASSARA (Continued) Commissioner Young requested that the engineer or staff phase in on the map the sever line existing on the property. This could be of importance in the development of the whole area. (Sewer line referred to on page 2 of the report.) Commissioner Perkins raised the possibility of retaining the private road status at some point - possibly southerly of the suggested intersection. He stated that it may be that some part of the drive could be private, but not the full length of Voorhees Drive. Commissioner Perkins noted he felt very sympathetic to this. Commissioner Perkins also raised the question that needed to be cleared up, namely, that if the road were to remain private, would the residents have to bring it up to Toon standards, or if it were offered for dedication, who would pay for the improvements. Commissioner Hahn mentioned tor. Incerpi's letter asking for an easement over the Cassara property in order to develop the Incerpi property, but concluded that this was something Mr. Cassara and Mr. Incerpi would have to work out between themselves. If they cane to an aqreenent, it could be recorded on the final map, but the matter of an easement would not have to be acted on by the Planning Commission. Commissioner Stewart wanted staff to investigate two sumo holes that have been drilled for roof and driveway drainage on Lot 2. Hater drains into Lot 2, but because of erosion the sumps are not working. He noted that even the slight rain we had had caused considerable erosion. Chairman Hahn closed discussion on the Lands of Cassara for August 25. 2. LANDS OF OMEN, Nestridge Court, Paul Nowack, Engineer, File ,`,'TI12039-76, RequeSt for Recommen ation of Approval of Tentative Map. Town Planner Ken Pastrof reviewed pertinent information on Lands of Owen most of which is contained in hisstaff report to the Planning Commission of August 20. He called attention to the unusual configuration of the lot, notino_ that the area has been a quarry site where heavy excavation has taken place. He stated that what is being requested is actually a lot split. Parcel R will be 1.79 acres out of the original 5.92+ acre parcel. Parcel A is in the process of being developed with a house and otFer amenities being constructed. Fr. Pastrof stated that he doubted if the parcel was further subdividable. Mr. Pastrof noted the steep and unusual shape of the terrain, stating that Staff was requiring a Type II foundation for the dwelling, and great care orould be exercised in seeing that no more cut and fill than is necessary would be used in constructing the driveway. Also, a redwood wall would be required the whole length of the bank along the driveway. In discussien that followed among Commissioners, Commissioner Hahn drew attention to Condition 6, to request for a fire hydrant by the Fire Departnent, and J PLANNING COMMISSION MINUTES OF AUGUST 25, 1976 Page Five PUBLIC HEARING ON THE LANDS OF OHEN (Continued) Condition 9, the matter of the two parcels granting each other reciprocal easements. Chairman Hahn stated his concern for the road washing out in rains and soil washing down on Parcel B. Mr. Pastrof stated that the road was to be compacted. Commissioner Perkins referred to the history of Tract 4020, the initial legislation that established the subject parcels. He questioned the slope density calculations submitted for the Lands of Owens, questioning both Mr. Pastrof and Mr. Nowack, the Civil Engineer for the Lands of Owens on their accuracy. Mr. Nowack stated to Mr. Perkins and the Commissioners that his ink calculations on slope density for the Lands of Owens were correct. The site, he stated, was good for not quite three lots. Commissioner Perkins said that he wanted it stated in the record that slope density calculations for the Lands of Owen are properly carried out with existing ordinances apart from uncertainties in number. Commissioner Schick stated her concern for Conditions 4,5,6,7 and 8 which all have to do with the Fire Department requirements. She also referred to a letter from Fir. and Mrs. Morita. She stated that these conditions and the Morita letter all had bearing on one another. Chairman Hahn opened the public hearing. Mrs. T. Morita, 27955 Briones Ha' inquired about erosion control on the new road to the property, stating er concern for water drainage and dirt falling onto her property, as well as debris from construction. Mr. Pastrof stated that drainage would be carried with underground drains which would keep drainage from running onto the Morita driveway, and that either land- scaping or a steep deposit guaranteeing proper measures against erosion would be required of the developer. Mr. PaulNowack, Engineer for the Applicant guaranteed that he would build a fence to protect against fa iniig debris from construction. Chairman Hahn closed the public hearing. After discussion on soil, drainage and erosion control provisions, it was decided to add as comments from the Commission the following statements: Parcel 'B' as proposed can take advantage of the already existing driveway, thus reducing part of the necessary cut and fill operations associated with hillside lots in excess of 20% slope. This is not to say that some additional excavation will not be necessary at the tire of site development application. The total foundation design should result in the least amount of contour alteration possible as required by Condition Flo. Since Parcel 'B' is uniformly in excess of thirty (30) percent slope, common amenities such as swimming pool without retaining walls a„ and flat lawn areas may not be accepted by the Site Development Committee if excessive grading is required for their accommodation,,' (Commissioner Perkins)- PLANNING COMMISSION MINUTES OF AUGUST 25, 1976 Page Six PUBLIC HEARING Otl THE LANDS OF OMEN (Continued) Nhoever is on the Site Development Committee should really take a hard look at the landscaping with the viewpoint of erosion prevention. (Commissioner Schick) LOTION: It was moved by Cormissioner Perkins and seconded by Commissioner Younq to add as Condition 15: Parcel A is not further subdividable and shall be noted as such on the Final Map. Motion passed by the following aye vote: Commissioners Perkins, Young, Schick and Hahn. Commissioner Stewart voted no. NOTION: It was moved by Commissioner Perkins and seconded by Commissioner Young to recommend approval of Lands of Owen, File ffM2039-76 subject to the Conditions set forth and amended by the Planning Commission. Motion passed with all Cormissioners present voting aye. MOTION: It was moved by Commissioner Hahn and seconded by Commissioner Perkins that a Negative Declaration, be filed with the Santa Clara County Clerk for the Lands of Owen, File FTM2039-76. Motion passed with aye votes from all Commissioners present. OLD BUSINESS: Chairman Hahn stated that he wanted to express his admiration for the naps and aerial photographs the Planning Commission has been receiving for subdivisions. Also, we acknowledged that Ordinance 232, the naw Subdivision Ordinance, has been received. NEW BUSINESS: 1. Discussion on Staff Performance: Chairman Hahn opened discussion on the needed improvement in the preparation of information presented to the Planning Cormissicn. He noted that some Commissioners serve both on the Variance and Permit and Planning Commissions, as well as on related cor^nittees. They are considerably handicapped by Staff performance in the following areas: 1) Information that does not arrive in time (i.e., the packet material for the August 25 meeting did not arrive until August 24.); 2) Not enough background material is presented to make an adequate decision; and 3) Poorly prepared maps and other material relating to site developrent. The Commission requested a checklist he prepared to assure that information is ade- quately presented for Site Development Committee meetings, In the case of Packet preparation or agenda preparation, if the material needed for preparation is not at hand at the time of preparation, items should be left off the agenda or trot held until the next meeting until the material is complete. Commissioner Hahn suggested that he and the City Manager, Mr. Crowe get together and streamline the procedure to assure things are more thoroughly prepared. There was discussion among Commissioners on the long-standing nature of the problem. end the fact that the Town was handicapped by both lack of staff and money for en adequate staff. The PLANNING COMMISSION MINUTES OF August 25, 1976 4 Page Seven NEU BUSINESS: (Continued) result of the discussion was that Chairman Hahn directed that a memorandum be prepared to the City Council and City Manager listing the comments made by the Commissioners and asking that they take some action to provide a checklist for things for better information for Cor;nissioners and/or adequate staff, to provide what is needed. Discussion en Staff was concluded by an expression by Commissioners of their appreciation for the Staff work done by resigning Town Planner Pastrof. 2. Ordinance 232: In a discussion on the recently received Ordinance 232, Commissioner Perkins stated that the Commission should look seriously at the new ordinance. Commissioner Stewart asked for a breakdown on what specific changes were being made in Ordinance 232 over the old ordinance it replaced. Mr. Pastrof, Town Planner, stated that 1) Staff did not have time or money to produce a study on specific changes; and 2) that Ordinance 232 was a complex re::orking of the older ordinance with new information. It was practically impossible to sort out specifically what had and had not been changed or included from the previous ordinance. In response to a request by Commissioner Schick for a clarification by Commissioner Perkins of his memorandum on Slope Density requirements for Ordinance 232, a memo dated August 25 and given to the Commissioners at the beginning of the meeting, Commissioner Perkins explained his request for immediate changes in the ordinance with the following remarks, warning the Commission that the present ordinance was going to be very troublesome if it stands as written. He referredto page 25 of the ordinance. Subsection (2)(b) of 9-4.604 states that properties with average slopes greater than 45% are in a special category. For these properties, the applicant must demonstrate that development is possible. However, if you say that any slope greater than 45% is 45%, then automatically there are no properties in Town with average slopes greater than 45%, and the special category is eliminated. Obviously, there are properties that do exceed 45% average slope, and they should he treated under the special category provision. Commissioner Perkins cited technical calculations to buttress his argument that Ordinance 232 should be changed immediately to take into account the ability to deal with steep slopes in their true light. His arguments may be referred to by listening to the tape on this meeting. Discussion was concluded among Commissioners with Chairman Hahn directing that a memorandum be prepared and sent with Mr. Perkins' previous memo to all Staff and Council and Planning Commissioners, asking for the immediate change. AW There being no further new business, Chairman Hahn adjourned the meeting at 10:50 P.M.. Respectfully submitted, Ethel Hopkins J i Mi