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HomeMy WebLinkAbout12/08/1976 (2)PLANNING 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 1, Tr. 2, 215 to End; Side 2, Tr. 2, 001 to 519 Vice -Chairman Carico called the meeting of the Planning Commission to order at 8:09 P.M. in the Council chambers of Town Hall. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Carico, Rydell, Stewart, Young and Schick Absent: Commissioners Perkins and Hahn Also Present: City Manager Robert Crowe, City Engineer Alexander Russell, City Planner/Engineer John Markl, and Secretary Ethel Hopkins The Pledge of Allegiance was omitted, probably due to the late start of the meeting. CONSENT CALENDAR: Before voting on the items on the Consent Calendar, there was a request from the floor for clarification of what the Lands of McFadden were. City Engineer Russell stated that this subdivision request was to divide the subject parcel into two parcels. Lands of McFadden was a portion of the former Chesarek property. The frontage for Lands of McFadden is on Vinedo Lane. MOTION SECONDED AND CARRIED: It was moved by Commissioner Young and seconded by Commissioner Rydell to approve the items on the Consent calendar, namely the following: 1. Minutes of November 10, 1976 2. Acceptance of Tentative Map Application, LANDS OF McFADDEN, File #TM2047-76, Vinedo Lane, Paul Nowack & Associates, Engineers. 3. Acceptance of Tentative Map Application, LANDS OF WILD BARLEY HILL, File #TM2046-76, Hilltop Drive, Sandis & Associates, Engineers. All present voted for the Motion except Commissioner Schick who abstained.on Minutes, City Manager Robert Crowe addressed the Commission concerning his December 1st memorandum, noting that the matter of the Site Development Committee had been before the Planning Commission earlier in the year, and that the Commission had indicated C that it would agree to some modification of the Site Development Committee responsi- V bilities that could be handled by Staff rather than a complete Committee. This was the proposal that was now before the Commission. Basically,the proposal was PLANNING COMMISSION MINUTES - December 8, 1976 E Page Two W DISCUSSION ITEM: (Continued) that any site development application that required an exposed cut and fill of six feet or more would go before the Site Development Committee. Anything less than that amount would be handled by Staff. Discussion followed Mr. Crowe's presentation with the following remarks made by various Planning Commissioners: Commissioner Schick stated that she wished to go on record as being opposed to the deletion of a Planning Commission representative on the Site Development Committee. Commissioner Stewart noted that while he did not disagree with Commissioner Schick, there was much work that could be done without Commissioners present. Commissioner Young stated that he did not like such a rigid rule such as a rule of six. He felt that a Planning Commissioner ought to have some idea of what a house on a site would look like beyond the Site Development Committee time. Other Commissioners voiced their opinions, and it was the considered opinion that a rule of six was too rigid a breakoff point for determining what was to go before the Site Development Committee. It was also pointed out that there were conflicting statements in the memo about abolishing the Site Development Committee entirely or �, deleting some of its responsibilities. City Manager Crowe stated that he was acting at the direction of Council who wished to effect some economy in government. MOTION SECONDED AND CARRIED: It was moved by Commissioner Carico and seconded by Commissioner Schick that the Town Ordinance regarding the Site Development Committee remain as it is. All present voted for the motion. MOTION SECONDED AND CARRIED: It was moved by Commissioner Young and seconded by Commissioner Rydell that the city Staff make further recommendations to the Planning Commission regarding procedures of the Site Development Committee, making such recommendation on site development applications that have no problems of any sort or appear to have no problems the applications that could be handled by Staff, and noting that problem sites should be passed on to the Site Development Committee with a Planning Commissioner present. All present voted for this motion. Larry Giller, Vinedo Lane, spoke for retaining the present procedures. PUBLIC HEARINGS: 1. LANDS OF WOOLWORTH, File #TM 2044-76, Elena and Altamont Road, HMH, Inc., Engineers, Request for Recommendation of Approval of Tentative Map. City Engineer Russell reviewed pertinent information on the subject parcel, noting that the property was formerly occupied by the Purissima Elementary School. It had been owned by the Los Altos School District which, after terminating its use of the site, had placed it up for sale in July. It had been sold to the present owner, Mr. Woolworth. PLANNING COMMISSION MINUTES - December 8, 1976 Page Three PUBLIC HEARINGS: (Continued) 1. LANDS OF WOOLWORTH: (Continued) Mr. Russell stated that the conditions stated on the Staff report were the recommenda- tions of various concerned agencies and noted that these conditions may or may not be what Staff recommended. He then reviewed the conditions, noting the staff and applicant's concurrence with them. Particular recommendations were made on the following conditions: Condition 6 should be deleted. The following condition (Condition 7) renaming the cul-de-sac made Condition 6 unnecessary. He noted that Condition 8 on constructing a path within the property line should be decided by the Commission. On Condition 9 and 10, he noted that these conditions should be considered together. He stated that the applicant was opposed to these conditions. He urged adoption of Condition 15 on rolled concrete gutters. Discussion among Commission members followed. with Commissioner Young voicing some concern for later homeowners' landscaping problems on land that was formerly covered with fill and asphalted. Commissioner Carico concurred in the problems homeowners could have with foundations being built on areas that had formerly been asphalted. Commissioner Stewart inquired about the removal of all conduit pipes under former structures. He voiced concern also about underground storm drains and other underground structures. Commissioner Schick noted that unquestionably a great deal of effort had been expended to determine site stability when the original Purissima School had been built and inquired if in asking for another soils report, the Town were not dealing with overkill in this area. Commissioner Stewart noted, however, that a soils report was a State requirement for sites. MOTION SECONDED AND CARRIED: It was moved by Commissioner Stewart and seconded by Commissioner Schick that the words "underground and surface" be added to Condition #16. The motion passed by the unanimous consent of the Commissioners present. MOTION SECONDED AND CARRIED: It was moved by Commissioner Stewart and seconded by Commissioner Young to amend Condition #15 to read "Rolled concrete gutters are required...". Motion passed by the unanimous consent of the Commissioners present. MOTION SECONDED AND CARRIED: It was moved by Commissioner Stewart and seconded by Commissioner Young to delete Condition #6. Motion passed by unanimous consent. Vice -Chairman Carico opened the hearing to the public. Mrs. Betsy Fiksdal, Pathway Committee Chairperson responded to Commissioner Schick's request for clarification o pathway requests on Lands of Woolworth. She called attention to an error in the original pathway request (Condition #8) noting that the request should not be for a pathway "within the property line." She noted that they were asking for a good pathway on Elena, and that the pathway along the cul-de-sac and through the property was a bone of contention, but these were paths that they desired very much. She noted the dangerous conditions along Elena and Altamont, and stated that these were what the pathway requests were trying to alleviate. PLANNING COMMISSION MINITES - December 8, 1976 Page Four PUBLIC HEARINGS: (Continued) 1. LANDS OF WOOLWORTH: (Continued) Mr. Russell called the attention of the Commission to Appendix 2A which accompanied his staff report.which delineated the Pathway Committee's requests, as well as well as a ten foot pathway acquired ten years or so ago when General Chesarek's property was subdivided. Mr. Woolworth Subdivider addressed the Commission, voicing his strenuous objection to a pat way etween t e omes of his subdivision. He noted the problems with children and people riding hoseback. He also noted the problems of sanitation with horses. He stated, however, that he had no objection to requested improvements requested on Elena and Altamont sides of the property. Several of the Commissioners discussed the path situation, namely Commissioner Schick and Commissioner Carico, with Commissioner Schick calling attention to the need for privacy on individual homesites, and Commissioner Carico noting the need for paths for the safety of school children go get from one point to another in the Town. Jim Har er, HMH Civil En ineer for the A licant noted that while Mr. Woolworth Rad iscusse pat s, a wou iscuss o er i ems. He referred to Condition #16, noting that the swale or paved ditch that had been under discussion should be left as much as possible as is or be modified so that it could still be used for .surface drainage. He noted that the underground storm drains going into Adobe Creek were possibly being blocked by Adobe Creek sluffing and possibly there should be maintenance by the Santa Clara Valley Water District. He noted he had no objection to other requirements, specifically Condition #13, removal of pavement. Larr Giller Vinedo Lane inquired if the property division was in complete compliance M s ope ens ty or finances. He stated further that it was totally out of order to discuss a pathway across General Chesarek's property since Vinedo Lane is a private road, that no easement exists as a way to gain access to the existing path, and that residents would not permit a pathway on a private road area. Carol Gottlieb, 24290 Summerhill noted the dangerous conditions for such as a steep embankment an a erm on oo y road, and questioned if there was a way to provide a path on General Chesarek's land. A.M. Laws, Ho 11210 o er Lane spoke in favor of the Woolworth Subdivision, noting that e welcoFed property in the Town. MOTION SECONDED AND CARRIED: It was moved by Commissioner Stewart and seconded by Commissioner Carico to amend Condition 18 by inserting "and Lot 8" after "Lot 1". All Commissioners present voted for the motion. MOTION SECONDED AND CARRIED: It was moved by Commissioner Schick and seconded by Commissioner Stewart to amend Condition 8 to read: 'Construct a Type IA path along Elena Road within the road right-of-way adjacent to Lot 1. All present voted for the motion. PLANNING COMMISSION MINUTES - December 8, 1976 Page Five PUBLIC HEARINGS: (Continued) 1. LANDS OF WOOLWORTH: (Continued) MOTION SECONDED AND FAILED: It was moved by Commissioner Schick and seconded by Commissioner Young that Condition 9 be deleted. Voting for the motion was Commissioner Schick. Voting against the motion were the following Commissioners: Carico, Rydell, Stewart and Young. Commissioner Schick questioned a path going down the middle of a subdivision, but CommissionerStewartargued that he lived on a cul-de-sac with a Type lA pathway between the properties, that horses use the path and it is not an intrusion of privacy. Mr. Russell questioned if the Commission would restrict the path through the subdivision to pedestrians only. MOTION SECONDED AND CARRIED: It was moved by Commissioner Young and seconded by Commissioner Rydell that Condition 9 be changed to read: 'Construct a Type lA path along the one side of the cul-de-sac street within the road right-of-way.' Voting for the measure were Commissioners Carico, Rydell, Stewart and Young. Voting against the measure was Commissioner Schick. Jim Har er, Hh1H, En ineer for the A licant stated that on Condition #10, that T e at way ommittee a recommen ed tat the three options on the pathway be left to the developer. He asked the Commission to recommend this also. He asked that pedestrians only be allowed on the path from the cul-de-sac to the Altamont right of way. He also suggested another alternate path if the path were for pedestri- ans only. City Manager Crowe noted that the determination on the path on Condition #10 would have to be made before filing of the final map. MOTION SECONDED AND CARRIED: It was moved by Commissioner Carico and seconded by Commissioner Young to change the wording on Condition #10 to read 'A Type lA path' rather than a'Type 2A path". All Commissioners voted for this motion. Several people pointed out the problems of slope as potential problem areas for horses, among those pointing to this problem were Commissioner Young and Penny King, Realtor, Los Altos. At 10:40 a five minute recess was called. Mrs. Fiksdal Pathwa peC ommittee spoke very strongly against restricting the path on Condition 0 to destrians only. MOTION SECONDED AND CARRIED: It was moved by Commissioner Stewart and seconded by Commissioner Rydell to accept Condition #10 as a condition and to give the choice of which of the three alternate possibilities would be used to the developer. Voting for the motion were Commissioners Carico, Rydell and Stewart. Against the motion, Commissioner Schick, None abstained. PLANNING COMMISSION MINUTES - December 8, 1976 Page Six PUBLIC HEARINGS: (Continued) 1. LANDS OF WOOLWORTH: (Continued) Vice -Chairman Carico asked for a consensus of opinion on whether the Commission wished to restrict the use of the path between the private properties to pedestrians only? All Commissioners present were opposed to this restriction, except for Commissioner Schick who was for the restriction. MOTION SECONDED AND CARRIED: It was moved by Commissioner Young and seconded by Commissioner Schick to to delete "including" on Condition 15 and replace it with 'within the cul-de-sac area.' Motion passed by the unanimous vote of the Commissioners. MOTION SECONDED AND CARRIED: It was moved by Commissioner Stewart and seconded by Commissioner Schick to amend Condition 13 by adding after "structures" the phrase 'and appurtenances thereto as determined by the City Engineer.' Motion passed by the unanimous vote of the Commissioners. MOTION SECONDED AND CARRIED: It was moved by Commissioner Schick and seconded by Commissioner Rydell to recommend approval of the Lands of Woolworth, File #TM2044-76 with conditions as amended by the Planning Commission. 4W Motion passed with the consent of all Commissioners present. MOTION SECONDED AND CARRIED: It was moved by Commissioner Schick and seconded by Commissioner Carico that a Negative Declaration be filed with Santa Clara County for the Lands of Woolworth, File #TM 2044-76. Motion passed by unanimous consent. 2. LANDS OF CROW, File #TM 2043-76, Hilltop Drive, Paul Nowack & Associates, Engineers, Request for Recommendation of Approval of Tentative Map. Engineer Russell reviewed pertinent information on the subject property, referring the Commission to his Staff memorandum of November 29. He called the attention of the Commission to the small material shed on Parcel A; and to Condition 7 on a path request made by the Pathway Committee. He noted the difficulty of putting in a path and also the fact that there is no path for the proposed path to link up with. Commissioners began discussion on the property under discussion. Commissioner Young noted that the slope density calculations seemed to be incorrect. However, Mr. Russell noted that the calculations where made on the whole parcel. Commissioner Schick asked about the material shed, and Mr. Russell noted that as lona as the shed could be moved, it should be, stating that in discussion on the matter in the Subdivision Committee meeting he had voted for the removal of the shed. MOTION SECONDED AND CARRIED: It was moved by Commissioner Schick and seconded by Commissioner Rydell to add as a condition that the shed, the metal building 6' by 10' in area,be moved back to conform to the ordinances on our setback requirements. Motion passed by the unanimous consent of the Commissioners. Engineer Russell noted that a conditional use permit should be applied for on the PLANNING COMMISSION MINUTES - December 8, 1976 Page Seven fir' PUBLIC HEARINGS: (Continued) 1. LANDS OF CROW: (Continued) garage structure, noting that this structure should be used for sleeping purposes only. MOTION SECONDED AND CARRIED: It was moved by Commissioner Schick and seconded by Commissioner Carico that prior to the filing of the parcel map, a conditional use permit shall be applied for and issued for the use of the garage as a secondary dwelling. Motion passed with the consent of all Commissioners present. Vice -Chairman Carico opened the hearing to the public. Paul Nowack, Inineer for the Applicant asked to have the soils report on Condition 1 ma e a pa o e requiremen s Tor Parcel A. He noted that the applicants have al- ready filed for the use permit on the garage structure. Engineer Russell concurred that the soils report should be made on Parcel A only, since this is essentially a lot split, and a structure already exists on Parcel B, noting that also as a part of the condition, there is the requirement that the soils report for Parcel A shall be made available to the Town prior to the filing of the Parcel Map. MOTION SECONDED AND CARRIED: It was moved by Commissioner Schick and seconded by Commissioner Carico to add as Condition 1(e) the statement 'Condition 1 shall pertain to Parcel A only.' Motion passed by the unanimous consent of the Commissioners. Mrs. Carol Gottlieb, Pathway_ Committee spoke for the Pathway Committee request on ParcelA. S e state t at t ere might be a possibility of picking up the needed link sometime in the future from the Bahr property. There was considerable discussion on the pathway request, with Commissioner Carico stating that there was no room to connect the path to another link, and Mr. Russell noting that the Hilltop Drive area where the property fronts has only a 30 foot right-of-way, and that the path would go along where the driveway on the property comes out, and that there was no pathway on the adjacent property. Commissioner Carico requested that this be clarified when the matter appeared before the City Council. MOTION SECONDED AND CARRIED: It was moved by Commissioner Carico and seconded by Commissioner Schick that Condition 7 be deleted. Motion passed with the following Commissioners voting for the motion: Commissioners Carico, !Lydell and Schick. Voting against it were Commissioners Stewart and Young. Mr. Dayl Crow, 12011 Hilltop Drive spoke against the pathway request. *Ar MOTION SECONDED AND CARRIED: It was moved by Commissioner Rydell and seconded by Commissioner Schick to recommend approval of the Lands of Crow, File #TM2043-76 with conditions as amended by the Planning Commission. Voting for the motion: Commissioners Carico, Rydell'Stewart and Schick Voting against the motion: Commissioner Young. None were abstaininq. PLANNING COMMISSION MINUTES - December 8, 1976 Page Eight PUBLIC HEARINGS: (Continued) 1. LANDS OF CROW: (Continued) MOTION SECONDED AND CARRIED: It was moved by Commissioner Schick and seconded by Commissioner Carico that a negative declaration be filed with Santa Clara County for the Lands of Crow, File #2043-76. Motion passed with the unanimous consent of Commissioners present. NEW BUSINESS: There was a request added to the agenda on setting the date of a public hearing on Outdoor Lighting. MOTION SECONDED AND CARRIED: It was moved by Commissioner Rydell and seconded by Commissioner Stewart to adopt Resolution No. 76-2 setting the date of a public hearing on January 26, 1976 to consider a proposed amendment to the text of Chapter 5 of Title 9 of the Los Altos Hills Municipal Code. Motion passed by the unanimous consent of the Commissioners. OLD BUSINESS: Commissioner Schick requested that for the next agenda, the matter of use permits be considered, noting that in a number of instances, the Commission is as far as four years behind in reviewing them. ADJOURNMENT: There being no further new or old business, Vice -Chairman Carico adjourned the meeting of the Planning Commission to a joint meeting of the Planning Commission and City Council to be held on January 4, 1977. The purpose of that meeting was to examine procedures of the Planning Commission in relation to the City Council and to find out the status of the Town's Committees, and to express Planning Commission opinions to the the City Council. The meeting was adjourned at 12:15 P.M.. Respectfully submitted, Ethel Hopkins Secretary