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HomeMy WebLinkAbout12/08/19764 VARIANCE AND PERMIT COMMISSION Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, December 8, 1976 Reel 54, Side 2, Tr. 1, 925 to End; Side 1, Tr. 2 001 to 214 Chairman Carico called the meeting of the Variance and Permit Commission to order in the Council Chambers of Town Hall at 6:35 P.M.. ROLL CALL: Present: Commissioners Carico and Young Absent: Commissioner Perkins Also Present: City Engineer Alexander D. Russell, Town Planner/Engineer John Markl, Secretary Ethel Hopkins; City Manager Robert Crowe arrived at 7:25 P.M.. APPROVAL OF MINUTES: MOTION SECONDED AND CARRIED: It was moved by Commissioner Young and seconded by Commissioner Carico to approve the Minutes of November 10, 1976 for the meeting `,. of the Variance and Permit Commission. Motion passed by unanimous consent. PUBLIC HEARING: 1. LANDS OF CALVO, File #BSA 6081-76, Elena and Taaffe Road, John Riley, Engineer, TeoriRecommendation of Approval of Building Site Approval Application. Town Planner/Engineer John Markl reviewed pertinent information on Lands of Calvo, referring to his Staff report to the Commission dated December 2, 1976. The applicant wished to develop the southerly 1.5 acre corner of the subject parcel. He noted that the northern portion of the area is fairly steep, but that the southerly part is fairly flat. There are few trees and little existing foliage, and a swale that runs into a culvert on the property. He referred the Commission to the conditions listed in his staff report. Commissioner Young questioned if the application for Lands of Calvo was in reality a subdivision, calling attention to a line drawn across the lot on the map that was before the Commission. He stated that according to the new Ordinance #232, the line drawn across the parcel constituted a division of the land. He could not, therefore, give his consent to the building site approval request. John Rile En ineer for the A licant, addressed the Commission and apologized for e -nes penci a -n on a map a ore the Commission. He stated that he had no intention of proposing a subdivision, that this was merely an attempt to show where future subdivision would take place. He noted that he had shown future subdivision intentions on the Rossi property. He complained that this was the first time he had been "hung" for two pencil lines, and stated he would be glad to bring in new maps without the pencil lines. He stated further that the applicant, Mr. Calvo, is in MINUTES OF THE VARIANCE AND PERMIT COMMISSION - December 8, 1976 Page Two PUBLIC HEARING: (Continued) 1. LANDS OF CALVO, File #BSA 6081-76: (Continued) Guam and that he had been instructed to begin subdivision proceedings as soon as the building site approval is granted. Commissioner Young stated that since he was Planning Commission representative to the Council and that since this automatically would be forwarded to the Council, he would state his point about the BSA map. At that time, subject to the removal of the lines on the map, he would consent to recommend approval of the BSA. The Commissioners continued to discuss other conditions on the application. Commissioner Carico expressed concern on the extenuating circumstances with Mr. Calvo in Guam and the need to work out a compromise. She stated she felt very strongly that the BSA should be granted. There was discussion on Condition 8, the relocation of an existing fire hydrant. Commissioner Carico stated that she did not see why one dwelling should bear the expense of relocating the hydrant at this time when the cost could be shared among future subdividers. Commissioner Young noted the increasing number of homes in the area and pointed to the need for adequate water pressure in case of fire. Commission- er Carico's motion to delete Condition 8 died for lack of a second. 6 There was discussion on deletion of Condition 6 on the recommendation of the City Engineer. He noted that if this pathway request is taken now, it will get lost in the shuffle. The pathway request can be made again when the whole parcel comes in for subdivision. MOTION SECONDED AND CARRIED: It was moved by Commissioner Young and seconded by Commissioner Carico to delete Condition 6 as recommended by the City Engineer. Motion passed by the unanimous consent of the Commissioners. It was recommended by Engineer Russell that Condition 9 be deleted, since it served no effective purpose, and since Planner/Engineer noted that it was more correctly a "no response" statement from the Highway Department. MOTION SECONDED AND CARRIED: It was moved by Commissioner Young and seconded by Commissioner Carico to delete Condition 9 on Lands of Calvo. Motion passed by the unanimous consent of the Commissioners. MOTION: It was moved by Commissioner Young and seconded by Commissioner Carico that the application for Lands of Calvo, File #BSA 6081-76, be not recommended . The motion was defeated by a split vote between the two Commissioners with Commissioner Young voting for the motion, and Commissioner Carico against it. Commissioner Carico's nation to recommend approval with the condition that the line be deleted from the map died for lack of a second. It was noted that the application would automatically go to the City Council for their action, and the matter was left at that. At the end of the Variance and Permit meeting, however, John Riley, Engineer for the Applicant, stated he wished to formally withdraw the application at the present time and would re -submit it for the next meeting. MINUTES OF THE VARIANCE AND PERMIT COMMISSION - December 8, 1976 Page Three PUBLIC HEARINGS: (Continued) 2. LANDS OF CHAN File #BSA 6083-76, E1 Caminito Road, John Riley, Engineer, Request o commendation of Approval of Building Site Approval Application. Town Planner/Engineer Markl reviewed background information on the subject site, noting that all the surrounding properties have been developed, and that the site is located on a private road that is maintained by a private maintenance agreement. Commissioner Young, who had asked earlier for a copy of the maintenance agreement on the private road, asked if a four and one-half line document could be a legally binding document. John Riley, Engineer for the Applicant, stated that the maintenance agreement was not an adequfe ocumen u was submitted to show to the Commission and Council that the subject parties, Chan and Jackson, did agree. Commissioner Carico,noting Mr. Russell's statement that the Town had no jurisdiction over private road agreements, reiterated this in response to Commissioner Young's questioning. Mrs. Fiksdal Pathwa Committee, responded to Commissioner Young's question on where the pa way reques on on r ion 6 would go. She stated that she was surprised to learn that E1 Caminito is a private road because the path was at present used quite 40 frequently. She still recommended the pathway request. Mr. Markl stated that there was an error in the list of conditions, stating that since the Town required a $300.00 pathway fee on all BSA requests, it could not also request that the applicant construct the paths. At this point in the meeting, City Manager Crowe arrived and explained that the Town would no longer be requiring pathways to be placed on individual lots. Instead, it would charge a flat fee that would be in - lieu of paths and then install the paths as needed. A resolution (Resolution No. 1006) had been adopted to this effect. MOTION SECONDED AND CARRIED: It was moved by Commissioner Young and seconded by Commissioner Carico that Condition 6 be deleted. Motion passed with the consent of both Commissioners. Commissioner Young wanted to add a condition requiring a maintenance agreement to be legally constituted on the private road. He expressed concern for public employees who operate emergency vehicles on unimproved private roads and expose themselves to unnecessary dangers. Mr. Crowe, however, stated again that the Town could not en- force such an agreement. It could, however, recommend that the parties concerned get together and draw up a legally binding agreement. Commissioner Carico, with the concurrence of Commissioner Young, requested that the maintenance agreement already submitted to the Commission be forwarded to the Council. MOTION SECONDED AND CARRIED: It was moved by Commissioner Young and seconded by Commissioner Carico to recommend approval of Lands of Chan, File #BSA 6083-76, ,W, with conditions as amended by the Commission and with a request that the maintenance agreement be forwarded to the Council with the application. Motion passed by unanimous consent. MINUTES OF THE VARIANCE AND PERMIT COMMISSION - December 8, 1976 Page Four PUBLIC HEARINGS: (Continued) 2. LANDS OF CHAN, File #BSA 6083-76: (Continued) MOTION SECONDED AND CARRIED: It was moved by Commissioner Carico and seconded by Commissioner Young that a notice declaring Lands of Chan, File #BSA 6083-76, "categorically exempt" from the Environmental Quality Act be filed with the Santa Clara County Clerk. Motion passed unanimously. 3. LANDS OF KUHN, File #BSA 6082-76, Fremont and Burke Road, Paul Nowack & Associates, ngineF ers, quest for Recommendation of Building Site Approval. City Planner/Engineer Markl reviewed pertinent information on the subject parcel, referring the Commissioners to his December 3 memorandum. Noting that the lot existed prior to the incorporation of the Town, he called attention to the provision to dedicate the necessary rights -of way to widen Fremont Road. There was discussion among Commissioners and Staff on the taking of additional land from Lands of Kuhn to widen Fremont and Burke. Engineer Russell noted that only an additional .034 of an acre would be taken to widen the roads the necessary amount. Commissioner Young noted a soils report was not being required; and Mr. Crowe referred him to page three of the report, stating that since the lot was flat few problems were expected. Commissioner Young noted that the applicant should be aware of the expansive condition of the soils on the lot and retain a designer who would he aware of this problem. Mrs. Fiksdal, Pathway Committee, spoke for the necessity of the pathway request. Commissioned r Carico ci e e need for paths in a precarious area, and noted that if the Commission accepts Conditions 6 and 7, they should delete item (c) on fees. Again, Mr. Crowe,informed the Commission on the now mandatory charge for paths on BSA requests. Commissioner Carico's motion to retain Conditions 6 and 7 on Lands of Kuhn and to delete Condition 8(c) died for lack of a second. When told by Mr. Crowe that future BSA requests would have path recommendations but not requests, and that a flat fee would be charged instead and the Town construct the paths, Commissioner Carico stated she would protest this to the Council. Two motions were made to the effect that Conditions 6 and 7 be deleted, and that the Lands of Kuhn be forwarded to the Council to be amended as they wished, died for lack of seconds to the motions. MOTION SECONDED AND CARRIED: It was moved by Commissioner Carico and seconded by Commissioner Young to recommend approval of Lands of Kuhn, File #BSA 6082-76, as presented. Motion passed with aye votes from both Commissioners. MOTION SECONDED AND CARRIED: It was moved by Commissioner Young and seconded by Commissioner Carico to file a notice of "categorical exemption" for the Lands of Kuhn. Jw Motion passed by unanimous consent. ADJOURNMENT: There being no further new or old business, the Variance-andPermit Commission meeting was adjourned at 7:55 P.M.. Respectfully submitted, Ethel Hopkins