HomeMy WebLinkAbout09/22/1976L PLANNING COMMISSION
ftw Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING,
Wednesday, September 22, 1976
Reel 52, Side I, Tr. 2, 739 to End, Side II, Tr. 2, 001 to 623
Chairman Hahn called the meeting of the Planning Commission to order at 7:50 P.M.
in the Council Chambers, Town Hall.
ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Commissioners Carico, Perkins, Rydell, Stewart, Young, Schick,
Chairman Hahn.
Also Present: City Manager Robert Crowe, Town Engineer Alexander Russell,
Secretary Ethel Hopkins.
APPROVAL OF MINUTES: Minutes of August 25 and September 8, 1976.
Chairman Hahn requested that the following corrections be made in the Minutes of
t August 25, 1976:
` 1. On page two, third line, the figure 113.024 acres" should be changed
to '3.042 acres'.
2. On page two, the next to last paragraph should be deleted, and the
following two paragraphs should replace it:
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 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 to 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 that the last manhole
was at the edge of the Shriner property which borders the Cassara
property.
3. On page three, in the last two paragraphs before the motion, "LaLoma"
should be changed to 'Mira Loma Way'.
4. on page three, the paragraph beginning "Commissioner Schick..." should
�„ be deleted and replaced with the following paragraph:
MINUTES OF THE PLANNING COMMISSION MEETING - September 22, 1976
4 Page Two
APPROVAL OF MINUTES: Minutes of August 25 and September 8,1976 (Continued)
Corrections on August 25 Minutes (Continued)
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. He 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.
5..On page three, in the last paragraph before the motion, change the second
sentence to read as follows:
Mr. Nowack stated that Chief Farwell had agreed to back off his require-
ment 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.
6. On page four, in the first paragraph under Lands of Owen, at the end of
the first line, change "Lands of Cassara" to 'Lands of Owen'.
7. On page seven, delete the quotations referred to Commissioner Perkins and
substitute the following:
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 be treated under the special
category provision.
MOTION SECONDED AND CARRIED: It was moved by Chairman Hahn and seconded by
Commissioner Schick to hold over the Minutes of August 25 until October 13 when
Corrected Minutes would be reviewed for approval.
All present voted in favor of this motion.
Commissioner Hahn,referring to the Minutes of the September 8th meeting of the
Planning Commission asked that the following correction be made on page one.
Under "Lands of Cassara", second paragraph, add to the end of the first
sentence in the paragraph 'and City Engineer'.
Commissioner Carico requested that instead of the statement attributed to her
on page three, paragraph two, that the following should be substituted:
Commissioner Carico noted that she was concerned by the new Ordinance
revision and in particular the private road issue, and stated that
she wanted to see the Planning Commission take steps to review and
recommend changes to the Council.
MINUTES OF THE PLANNING COMMISSION MEETING - September 22, 1976
Page Three
APPROVAL OF MINUTES: Minutes of August 25 and September 8, 1976 (Continued)
MOTION SECONDED AND CARRIED: It was moved by Chairman Hahn and seconded by
Commissioner Carico to approve the Minutes of September 8 as amended by the
Planning Commission.
All present voted affirmatively on the motion.
PUBLIC HEARING:
1. LANDSOF CASSARA, Voorhees Drive, Paul Nowack, Engineer, Request for recommenda-
tion o approva of Tentative Map, File #TM 2038-76, Continued from meeting of
September 8, 1976.
Chairman Hahn opened the discussion on the Lands of Cassara by reviewing for
the Commission the documents they should have on the subject property. He then
stated that .one of the issues that needed clarifying was the matter of getting
adequate water for the Lands of Cassara as it related to Condition #3 in the
list of conditions on the August 23rd memorandum from the Town Planner. When
he asked the Planning Commissioners for other issues to be clarified, Commissioner
Perkins asked that the issue of an April 1970 checklist relative to the status
of Voorhees Drive be discussed.
Town Engineer addressed the Commission, showing a drawing which helped to illustrate
proposed solutions to the matter of obtaining water for the Lands of Cassara. He
(46W noted the different pressure zones and the problem of accommodating them in a
single connection. The problem was further compounded by having to make a connection
to satisfy Fire District demands by having to go through private property. The
Fire Chief had requested a loop connection:, but this would be difficult because
of having to obtain an easement across the Incerpi and Cassara properties.
Considerable discussion ensued at the introduction of a 1970 checklist referring
to action to be taken in the event of further subdivision of properties off
Voorhees Drive. The mattersof maintaining the rights of the Town, of satisfying
the requirements of Ordinance 232 relative to the number of homes that may be
served by a private road, of who shall have access to Voorhees Drive, and of
who shall pay for improvements to Voorhees Drive were issues under discussion.
At 8:55, Chairman Hahn declared a short recess. The meeting was resumed at 9:10,
at which time Chairman Hahn opened the hearing to the public.
Paul Nowack 220 State Street Los Altos En ineer for the A liSant addressed
t o omn ssron stating t o re arwe o t e ire rstr c was modifying
his requirement to extend the water main to the end of the cul-de-sac, and was
requesting that Lands of Cassara should dedicate an easement as far as they can
go. He stated also that he objected to the requirement of constructing a loop
for obtaining proper water pressure, since the great expense involved would
benefit the community as a whole but be paid for by Mr. Cassara.
It was stated by Mr. Russell, however, that Mr. Farwell had not come forth in
writing of this change in his requirements. He raised the question of who would
pdy for the water line at Mr. Cassara's end of the propertyy
Planning Commissioners Hahn and Perkins asked Mr. Nowack further about who would
pay for the water line along the easement, and if it was agreeable to Mr. Cassara
4
640
MINUTES OF THE PLANNING COMMISSION MEETING - September 22, 1976
Page Four
PUBLIC HEARING: (Continued)
1. LANDS OF CASSARA: (Continued)
to pay for the water line. Mr. Nowack stated that since the water line would
be on a private road, Mr. Cassara would pay for it.
Chairman closed the public hearing, and suggested that some solution seemed to
be at hand for the water problem referred to in Condition 3 of the August 23rd
staff report.
MOTION SECONDED AND CARRIED: It was moved by Commissioner Carico and seconded
by Commissioner Schick to amend Condition 3 of the August 23rd Staff Report,
and delete Condition 4. Condition 3 was to be amended as follows:
(b) Installation of a six inch (61 water main from its pre -terminus
in Voorhees Drive, southeasterly to the existing cul-de-sac as
shown on the Voorhees Drive Parcel Map, and the installation at
that terminus of a fire hydrant.
(c) The applicant shall make an offer of dedication of a ten foot public
utility easement along the easterly boundary of his property.
Motion passed by the following roll call vote:
AYES: Commissioners Carica, Perkins, Rydell, Stewart, Schick, Chairman Hahn.
NOES: Commissioner Young.
ABSTAIN: None
There was further discussion on the matter of who would pay for the loop connection
for obtaining proper grater pressure, Chairman Hahn noting that the reason for the
easement required in Condition 3(c) was to construct the loop. Was it to be future
subdividers, the Fire Department, or the Water Department. After considerable
discussion on the matter, Commissioner Carico requested that it be reflected
in the Comments from the Commissioners on the List of Conditions sent to the
City Council that "any future cost for obtaining water should be shared by those
who will be served by the loop connection."
The matter of whether Voorhees Drive should become a public road or remain a
private road was discussed further when City Manager Crowe noted that the
Town had the option of accepting the offer of dediction for Voorhees Drive which
would make it a public road, or petitioning the Council for an exception to
the Ordinance 232 requirement of five homes on a private road. If granted, Voorhees
Drive could then remain a private road.
MOTION SECONDED AND FAILED: It was moved by Commissioner Perkins and seconded
by Commissioner Stewart that a request for a conditional exception to Section 9-4.712
(a) and (b) of the Municipal Code be granted which would permit Voorhees Drive
to continue as a private road, provided:
(1) That the appropriate easements are granted for the benefit of
Lot 2 of the Cassara Subdivision.
(2) That there is a recorded maintenance agreement for Voorhees Drive
that is satisfactory to the Town Attorney and the Town Engineer, and
MINUTES OF THE PLANNING COMMISSION MEETING - September 22, 1976
Page Five
PUBLIC HEARING: (Continued)
1. LANDS OF CASSARA: (Continued)
MOTION SECONDED AND FAILED: (Continued)
(3) That the terms of the Checklist of the April 1970 Conditions remain
in force, particularly those additional conditions 1, 2, and 3.
Motion failed by the following vote:
AYES: Commissioner Perkins
NOES: Commissioners Cari co, Rydell, Stewart, Young, Schick and Chairman Hahn.
ABSTAIN: None
Several Commissioners expressed their reasons for voting against this motion.
Among them was Mrs. Schick who stated she was for private roads, but would rather
have the ordinance changed rather than vote for this exception. Commissioner Young
noted that the motion did not cover the reasons for making exception to the
private road regulation.
Commissioner Carico stated that she wished it reflected in the minutes that
that the City Council at its last meeting had denied a pathway request because
it was on a private road, one of the Town's most heavily travelled private
roads. It was stated by a Councilman, she observed, that he would not grant
an easement on a private road because a private road is for privacy, and an
E easement is an invasion of privacy on a private road. This is a dangerous area
�r when pathways come in. She noted that one of the conditions listed in the March 23,
1970 letter introduced by Mr. Perkins earlier was that ..."closing will not
take place until Voorhees Drive is improved as a public road and to the standards
prescribed by the Town of Los Altos Hills. (Condition a)"
MOTION SECONDED AND CARRIED: It was moved by Commissioner Schick and seconded
by Cortmissioner Rydell that Voorhees Drive become a public road in accordance
with the Municipal Code Subdivision Ordinance and 1970 agreement with Dr. Voorhees.
Road is to be brought up to Town Standards (to the satisfaction of the Town Engineer)
and dedicated to the Town.
Motion passed by the following roll call vote:
AYES: Commissioners Carico, Rydell, Stewart, Young, Schick and Chairman Hahn.
NOES: Commissioner Perkins
ABSTAIN: None
Discussion followed the Motion on who would improve the road (Voorhees Drive)
to Town Standards, and who would pay for this improvement. Commissioner Carico
suggested that the cost could be shared by future subdividers.
Mr. Paul Nowack En ineer for the Applicant spoke against Voorhees Drive becoming
a pubis road, stating tat in addition to extending the water main, if the road
must be brought up to Town standards, Mr. Cassara cannot afford to do this. Also,
Mr. Cassara does not own the access road to his property. It belongs to Mrs. Voorhees.
Mr. Alex Traficanti Attorne and resident of the Voorhees Drive area, spoke against
e mo on o ma a oor ees rive a public roa e s a e a was the original
intent of the agreement on Voorhees Drive for some of the road to be private and
some public. He stated that Mrs. Voorhees and he would both resist the effort to
MINUTES OF THE PLANNING COMMISSION MEETING - September 22, 1976
Page Six
PUBLIC HEARING: (Continued)
1. LANDS OF CASSARA: (Continued)
bring the road up to Town Standards,
Commissioner Stewart, asked if the Town could accept Voorhees Drive as a public
road if engineering -wise, it conformed to Town Standards, noting that the only
thing that prevents it from being up to Town Standards is that it is not wide
enough. A motion by Commissioner Stewart to accept Voorhees Drive as it is
was later withdrawn by him when Mrs. Carico pointed out that Mr. Stewart's
motion was in conflict with the recommendation on the staff report (paragraph
two) on page two of that reportand in conflict with the conditions referred
to in Appendix 3 of that same report.
MOTION SECONDED AND CARRIED: It was moved by Commissioner Schick and seconded
by Commissioner Rydell to recomamd approval of the Tentative Map for the Lands
of Cassara, File #TM2038-76 with Conditions as amended by the Planning Commission.
Motion passed by the following roll call vote:
AYES: Commissioners Carico, Lydell, Stewart, Young,Schick, and Chairman Hahn.
NOES: Commissioner Perkins
ABSTAIN: None
Commissioner Perkins stated that as a"Comment from the Commissioners" he wished
the following statement to be sent with the approved conditions and recommendations
on Lands of Cassara to the City Council: "I am not voting against this because I
am opposed to the subdivision per se, but because I am opposed to the conditions."
MOTION SECONDED AND CARRIED: It was moved by Commissioner Schick and seconded
by Chairman Hahn that a negative declaration be filed with the Santa Clara County
Clerk for the Lands of Cassara, File #TM 2038-76.
Motion passed with all present voting aye.
NEW BUSINESS:
Chairman Hahn noted that due to the lateness of the hour, none of the items under
New Business would be discussed but would be put off to a later date. He noted
that the reason the first two items (Study Session on Review of General Plan and
Discussion of Open Space Acquisition Plan) were on the agenda was that they were
requested to be placed there for Planning Commission discussion by Councilman Brown.
Chairman Hahn noted the progress of the third item under New Business, Commissioner
Perkins' Memorandum on Slope Density Change in Ordinance 232. After some discussion
on the action of getting through to the Council, it was disclosed by Mr. Crowe that
the Ad Hoc Committee had finally provided the four affirmative votes to get the
matter on the next Council agenda.
Chairman Hahn noted the recent action by the City Council of voting against a
recommended path easement on a private road. He noted that this issue, Paths on
Private Roads,was another issue that needed clarification by the Planning Commission
on a later agenda.
There being no further new business, Chairman Hahn adjourned the meeting at 11:00 P.M..
Respectfully submitted,
Ethel Hopkins