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HomeMy WebLinkAbout11/10/1976 (2)4W PLANNING COMMISSION Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, November 10, 1976 Reel 54, Side 1, Tr. 1, 1008 to End; Side 2, Tr. 1, 001 to 923 Vice -Chairman Carico called the meeting to order at 7:55 P.M. in the Council Chambers of Town Hall. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Carico, Perkins, Rydell, Stewart and Young Absent: Commissioners Hahn and Schick Also Present: City Manager Robert E. Crowe, Town Planner/Engineer John Markl, Secretary Ethel Hopkins Vice -Chairman Carico introduced the new Town Planner/Engineer John Markl to the Planning Commissioners. CONSENT CALENDAR: MOTION SECONDED AND CARRIED: It was moved by Commissioner Young and seconded by Commissioner Rydell that the item on the Consent Calendar, the Minutes of October 13, be'approved. Motion passed with the consensus of the Commissioners. PUBLIC HEARINGS: 1. LANDS OF McDONALD File #TM 2040-76, Toyonita Road, Kier & Wright, Engineers, eques or ecommen a ion OT Approval of Tentative Map. City Manager Crowe reviewed pertinent information on the Lands of McDonald, referring the Commissioners for specific recommendations to the City Engineer's staff report on the subject property. Discussion ensued among Commissioners and staff on the issue of whether Toyonita Road, as a private road, could be considered a cul-de-sac with the automatic limit of five lots per cul-de-sac imposed by Subdivision Ordinance 232. There was also a question on why cuts were seen on the property when no permits for cutting had been issued. Vice -Chairman Carico opened the meeting to the public hearing. Dick Kier Kier & Wri ht En ineers for the Lands of McDonald explained that cuts were ma a on a su UF proper y or a purpose OT per orming required percolation tests. He stated further that he concurred with Staff recommendations for the Lands of McDonald. To the discussion on the issue of Toyonita Road, he stated that it is a private road and has been chained off in the past. He noted the poor condition of the road, and A6 4W PLANNING COMMISSION MINUTES - November 10, 1976 Page Two PUBLIC HEARINGS: (Continued) 1. LANDS OF MdDONALD: (Continued) stated that no formal agreement for maintenance existed. Any maintenance agreement was an informal one. Commissioners Perkins and Young voiced the concern of the Commission about the num- ber of properties served from Toyonita Road and the maintenance of the road. Mr. Crowe, however, stated that the Town had no jurisdiction to force a maintenance agreement be made among property owners. To Commissioner Perkins' questioning on the number of lots that may be served from a private road, Mr. Crowe noted that Toyonita Road was an exception to the role because it is really a through road and does not really fit the rule of five homes to a cul-de-sac. Commissioner Carico closed the public hearing. Mr. Crowe stated that since the McDonald property was the only property on the private road that is further subdividable, he was not recommending that Condition 11 on the List of Conditions be approved. This condition called for a 30 foot dedication of a right-of-way for the full length of Toyonita Road where the property adjoins that road. His reason was that there was no opportunity to obtain dedication from other property owners there. Discussion among Commissioners and Mr. Crowe was resolved by the determination by the Commissioners that Condition 11 was asking for a dedication which the Town may or may not accept. The fees on the dedication may be picked up in the future. It was not making Toyonita a public road. Commissioner Carico concluded the discussion with a request for motions and vote on the issue. Several statements were made by Commissioners, which Commissioner Carico stated would be included as separate documents when the Commission's recommendations were sent to the Council for final action. MOTION SECONDED AND CARRIED: It was moved by Commissioner Stewart and seconded by Commissioner Perkins to recommend approval of Lands of Grace M. McDonald, File NTM 2040-76, subject to conditions; and that therebe a conditional exception to Section 9-4.712 of the Los Altos Hills Subdivision Ordinance 232. AYES: Commissioners Carico, Perkins, Rydell, Stewart NOES: Commissioner Young ABSTAIN: None Comments from the Commissioners included the following: 1. It was requested by Commissioner Perkins.that there be a conditional exception granted to Section 9-4.712 of the Los Altos Hills Subdivision Ordinance 232 for the Lands of McDonald. 2. Commissioner Stewart noted the Commission's quandarybecause the private road where Lands of McDonald is located is not a cul-de-sac road referred to in the Subdivision Ordinance section 9-4.712. PLANNING COMMISSION MINUTES - November 10, 1976 4 Page Three PUBLIC HEARINGS: (Continued) 1. LANDS OF McDONALD: (Continued) Comments: (continued) 3. Commissioner Young requested that the following quote from the Municipal Code, quoted also in the City Engineer's memorandum of October 21 (page one) be included in the comments: Any lot or parcel which does not front on the public road system of the City and/or that of an adjoining jurisdiction shall have recorded and free access to such system over a road or roads, im- proved to the City Standards or such other standards as are accept- able to the Commission. In voting against the approval of the Tentative Map, Commissioner Young stated that Toyonita Road is in admittedly poor condition, and that he did not think that it justified approving the subdivision at this time. MOTION SECONDED AND CARRIED: It was moved by Commissioner Perkins and seconded by Commissioner Stewart, to direct that a Negative Declaration be filed with the Santa Clara County Court for the Lands of Grace M. McDonald, File #TM 2040-76. L Motion passed with the consensus of all Commissioners. �r 2. LANDS OF BAUMGARTNER (formerly LANDS OF MORGAN), File #TM 2013-74, Page Mill Road, ri act $ 6 , Lots an o n Ri ey1n-mer, Request for Recommendation of Approval of Tentative Map. City Manager Crave stated that the subject property which was formerly Lands of Morgan is on Old Page Mill near Christopher Lane. He noted that when the property came up for consideration in 1974, the 100 foot swath through the subdivision made the issue a moot question. Nothing was done, and since that time a lot line change was accomplished without going through proper subdivision procedures. The subdivision request before the Commission, however, was one that the staff recommended that the Commission give favorable consideration to. Commissioner Carico opened the hearing to the public. John Riley En ineer for the Applicant noted the two ears of meetinos and effort in working wi t e Town. e— concurred in the recommendations made with the exception of the section on the "Santa Clara Valley Water District (Flood Control)" of the City Engineer's Staff report. He stated he unshed to clarify that what -was being re- ferred to was not a dedication of land (paragraph 4) but a dedication of an easement. He wanted it made clear there were no implied fees. The owner retains ownership of the land and grants use to the Town. Commissioner Perkins noted his dismay at the land transfer accomplished for this parcel outside of Town regulations. He also noted that with the taking of easements, Parcel B with the 50 foot line running through it,would be substandard. PLANNING COMMISSION MINUTES - November 10, 1976 000 Page Four PUBLIC HEARINGS: (Continued) 2. LANDS OF BAUMGARTNER (formerly LANDS OF MORGAN): (Continued) City Manager Crowe noted that there was no requirement to take the flood control easement, and disagreed with Commissioner Perkins that these parcels were substandard. John Rile En ineer stated that an easement going through a lot does not reduce the TM a i ,ty o t e site anymore than a setback does. He noted that the reason for the request was that there was no freeboard on the creek there. This request would allow all other uses but structures, he noted. In further discussion, Commissioner Stewart stated that the flood control easement had been discussed at the Subdivision Committee meeting, and an easement in any other place on the property does not take away from the land area of the lot; and that the applicant does have an adequate building envelope. Commissioner Carico was concerned that this request did not become a matter for a variance request. Mr. Crowe, however, stated that the applicant must declare at the time of site development what he wants on his lot. Commissioner Young noted that the City Engineer had recommended an additional condition on setback requirements, and introduced the following motion: MOTION SECONDED AND CARRIED: It was moved by Commissioner Young and seconded by Commissioner Carico that Condition 9 read: The setback for any structure, as structure is defined in the Los Altos Hills Municipal Code, Section 9-5.227, shall be not less than fifty feet measured at right angles from the center line of Matadero Creek. Motion passed with an affirmative vote from all Commissioners present. At 9:15 P.M., Vice -Chairman Carico called a five-minute recess. The meeting was resumed at 9:22 P.M.. MOTION SECONDED AND CARRIED: It was moved by Commissioner Young and seconded by Commissioner Rydell that Condition 10 be added to read as follows: The applicant shall dedicate to the Town a fifty-five (55) foot easement for flood control purposes as delineated on Exhibit 4 attached to the City Engineer's memorandum dated November 5, 1976. Motion passed with an affirmative vote from all Commissioners present. MOTION SECONDED AND CARRIED: It was moved by Commissioner Young and seconded by Commissioner Stewart to recommend approval of the Tentative Map request for the Lands of Baumgartner, File #TM 2013-74, subject to the Conditions as amended by the Planning Commission. AYES: Commissioners Carico, Rydell, Stewart, Young NOES: Commissioner Perkins ABSTAIN:None 0 MOTION SECONDED AND CARRIED: It was moved by Commissioner Carico and seconded by Commissioner Stewart to direct that a Negative Declaration for the Lands of Baumgartner, File #TM 2013-74, be filed with Santa Clara County. Motion passed with the consensus of all Commissioners. PLANNING COMMISSION MINUTES - November 10, 1976 Page Five PUBLIC HEARINGS: 3. LANDS OF McGOWAN, File #TM 2042-76, 27150 Julietta Lane, John Riley, Engineer, Request for Recommendation of Approval of Tentative Map. City Manager Crowe noted that this request was actually a lot line change, a pro- cedure which would be much simpler than the present way after January 1st of next year. The purpose of the request is to add three tenths of an acre to Mr. McGowan's property for the purpose of building a tennis court. The added property would not create two lots for the McGowans, nor would the land given by Mr. Eshner make his property substandard in acreage. Vice -Chairman Carico opened the hearing to the public. Richard McGowan, 27150 Julietta Lane stated that he was available to answer questions. Commissioner Perkins wanted to know why a soils report was being requested as a condition, and Commissioner Carico answered that tennis courts are considered structures and therefore must have a soils report. MOTION SECONDED AND CARRIED: It was moved by Commissioner Perkins and seconded by Commissioner Young that Condition 1 on the Lands of McGowan be deleted. AYES: Commissioners Carico, Perkins and Young NOES: Commissioners Rydell and Stewart ABSTAIN: None Mr. John Riley, En ineer for the Applicant wanted to know why road -in -lieu fees we e�ingTe c , an re�comnend� tTia this condition be deleted. Commissioner Young stated that the reason for the road -in -lieu fee request was be- cause the Eshner property is not yet developed. Julietta Lane has already had the proper fees charged, but the Eshner lands have not. MOTION SECONDED AND CARRIED: It was moved by Commissioner Young and seconded by Commissioner Perkins that the Planning Commission recommend approval of the Lands of McGowan, File #TM 2042-76, with the condition as amended by the Commission. All present voted for the motion. MOTION SECONDED AND CARRIED: It was moved by Commissioner Young and seconded by Commissioner Carico that a Negative Declaration be filed for the Lands of McGowan, File #TM 2042-76. All present voted for the nation. None were against, and none abstained. NEW BUSINESS: A. Li ghting Co�tTi Wo r Young addressed the Commission with a request the City Council had given him when he attended the November 3rd Council meeting. The Council had turned down a request made by a resident on Altamont Road to put glareless lighting, not visible from outside the property, on his tennis court. Council had then directed PLANNING COMMISSION MINUTES - November 10, 1976 Page Six NEW BUSINESS: (Continued) A. Lighting: (Continued) Commissioner Young to discuss the issue of tennis court lighting and other areas of outdoor lighting and come back as soon as possible to the Council with some sort of recommendation on outdoor lighting. Did the Planning Commission think an ordi- nance would be needed? Discussion followed among Commissioners concerning the matter of lighting pollution, the need for lighting in an essentially dark community, and the fact that the issue of lighting tennis courts could provoke problems that would result in a donnybrook with private clubs requesting lighting for night tennis. City Manager Crowe stated that he would bring a draft of a proposal on lighting to the next meeting of the Planning Commission, and the matter could be discussed in detail then. B. December 22nd Meeting: The issue of whether there would be a Planning Commission meeting on December 22 was discussed, and it was tentatively agreed that there would be a December 22nd meeting. C. Land Use Map: 4W Mrs. Betsy Fiksdal presented her Land Use Map to the Planning Commissioners. After the presentation, she was commended by the Commissioners for her diligent efforts in compiling this map. Commissioner Carico expressed the hope that a permanent place would be found for displaying this map so that the Commission would be able to make use of it. Mrs. Fiksdal stated that she would bring it to the next Planning Commission Meeting so that the Commissioners could comment and make recommendations on it. OLD BUSINESS: Vice -Chairman Carico turned the meeting over to Commissioner Perkins who addressed the Commission in a Study Session on Ordinance 232. ADJOURNMENT: Vice -Chairman Carico adjourned the meeting at 11:03 P.M.. Respectfully submitted, Ethel Hopkins Secretary