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HomeMy WebLinkAbout04/25/1979 (2)AMENDED MINUTES PLANNING COMMISSION 40 Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, April 25, 1979 Reel 77, Side 2, Tr. 2, 574 to End; Reel 78, Side 1, Tr. 2, 001 to 531 Chairman Stewart called the meeting of the Planning Commission to order in the Council Chambers of Town Hall at 7:45 p.m. ROLL CALL: Present: Commissioners Rydell, vanTamelen, Dochnahl, Kurnaoff and Chairman Stewart Absent: Commissioners Carico and Lachenbruch (both excused absences) Also Present: City Engineer/Planner John Carlson, Secretary Ethel Hopkins APPROVAL OF MINUTES: The Minutes of April 11, 1979 were corrected on page five: Item 4 under "New Business", last line should read ..as when a permit is processed." Also under item 5 of the same section, the first line should read: 'Commissioner Lachenbruch requested that the...". MOTION SECONDED AND CARRIED: It was moved by Commissioner Dochnahl and seconded by Commissioner Kuranoff that the Minutes of April 11 be approved as amended. All Commissioners voted for the motion except Commissioner vanTamelen who abstained. PUBLIC HEARINGS: 1. LANDSOF HOM, File mmendatikTM 2084-78, Elena and Robleda Roads, John Riley, Engineer, Request for Recoon of Approval of Negative Declaration and Tentative Map, 4 Lots Mr. Carlson noted that the above item had been continued from the previous meeting in order to provide requested slope density information. He noted also that the developer's engineer had informed him that the applicant wished to retain the existing fence and stable on Lot 3, and therefore, recommended deleting Condition 11.A. Con- sideration followed on the Negative Declaration for the request. The public hearing was opened and closed, with no one speaking for or against the Negative Declaration. MOTION SECONDED AND UNANIMOUSLY CARRIED: It was moved by Commissioner Dochnahl and seconded by Commissioner vanTamelen to recommend approval of the Negative Declaration for the Lands of Hom, File HTM 2084-78, with mitigation measures as designated. Mr. Carlson discussed pertinent details of the subdivision as detailed in his staff ( report of April 11. Particular attention was given to the visual, noise and drainage `. problems on the subdivision. Commissioners discussed with Mr. Carlson questions relating to drainaae and noise. Chairman Stewart requested that the existing drainfield and expansion area for PLANNING COMMISSION MINUTES - April 25, 1979 Pane two PUBLIC HEARINGS: (continued) 1. LANDS OF HOM, File #TM 2084-78: (continued) Lot 1 be shown on the Tentative Lot Design and Development Plan sheet. He also questioned whether the six inch perforated pipe to be installed on Lot 4 would be able to daylight at the culvert near I.S.280 and whether this drain would be adequate to drain the accumulation of water from the area. Other questions asked by Commissioners concerned how contours on the map were checked and the accuracy of slope density calculations. The hearing was opened to the public discussion. BeverlyRudol h, 12445 Robl eda, discussed the history of the drainage problem, notion the prob em had come about as a result of the construction of a berm which stopped the natural drainage of the area at the time that I.S.280 was created. Mrs. Rudolph's concern was what water levels would be on Lot 4, since this lot was adjacent to her property. John Riley, Engineer, 66 Third Street, Los Altos, concurred with Mrs. Rudolph on the background of the drainage problem on Lot 4; referred Commissioners to the soils report as it related to the handling of drainage, discussed the twenty-five foot turn -around strip for Lot 3; agreed to show the driveways for Lots 2, 3, and 4 on the Tentative Lot Design and Development Plan sheet before it is sent to the City Council; discussed the size of the private driveway; and finally, stated that the private driveway would be maintained by maintenance agreement negotiated between Q the property owners involved. In response to Commissioner vanTamelen's question on �r the well on Lot 2, he noted that Mr. Hom wished to retain the well on Lot 2, and wished the option of retaining or demolishing the stable on the Lot 3. He responded to Commissioner Kuranoff's questions on setbacks for Lot 3, and aareed that the lot would be constrained by its proximity to I.S.280 and the need to provide adequate setback areas. The public hearing was closed, and discussion returned to the Commissioners. Commissioner Kuranoff expressed concern about the nature of the subdivision itself, pointina out that Lot 3 takes its maximum length along I.S.280 and such lot develop- ment had been discouraged with the Lands of Yelton. He felt that three lots were the most that could be hoped for with the Lands of Hom. Chairman Stewart inquired about whether there were in fact five acres gross area for the Lands of Hom and was told by Mr. Riley that the 4.30 acres noted on the BSA map is an assessor's error. Lands of Hom consists of 5.00 acres gross area. A review of conditions began, and the following changes and amendments were made: Condition 1.C: PASSED BY CONSENSUS: To amend Condition 1.0 to read: On the final map, the owner shall provide a common driveway easement across Lot 2 for Lots 1 and 3 as shown on the tenative map. Condition 2.A: PASSED BY CONSENSUS: To amend the final paragraph of the condition to read: The final soils report shall recommend minimum standards for development of the parcels, and the results of this investigation shall be reviewed by the Town Engineer and the Town Soils Engineer/Geologist prior to final map approval. Condition 2.B: PASSED BY CONSENSUS: To amend Condition 2.B, third line from the bottom, with the addition of: ..investigation in writing for approval by the City Engineer and the Town Soils Engineer/Geologist..." (The rest of the condition remains as written.) PLANNING COMMISSION MINUTES - April 25, 1979 Page three 16, PUBLIC HEARINGS: (continued) 1. LANDS OF HOM, File #TM 2084-78: (continued) Condition 4.D: PASSED BY CONSENSUS: To amend Condition 4.D to read: If the well is to be abandoned on Lot 2, the owner shall seal the well according to Santa Clara Valley Water District standards,pricr to t..�'�^ `dice gf: the --€iRal--mM. Condition 4.E: Commissioners were concerned about whether all Health Department requirements on surface and underground drainage had been planned for and were given assurance by the Town Engineer that Mr. Dunham's letter of January 24, 1979 provided a satisfactory solution to the problem. PASSED BY CONSENSUS: To amend Condition 4.E to read: No portion of the sewage disposal systems may be installed within fifty feet (50') of any creek, drainage ditch bank, french drain system, or any cut slope bank below the elevation of the disposal field. Pathways: Jean Struthers, Pathwa Committee and Fran Stevenson, Pathway Committee spoke e for the pathways requested and discussed the possibility of obtaining connecting links on the Lands of Hanson to the easement proposed on the northwesterly line of Parcels 2 and 3. L Beverly Rudolph spoke for retaining the pathway proposed on Condition 6.B. far As a result of discussion, no changes were made in the easements requested under Condition 1, or the pathways proposed in Condition 6. Condition 8.A: PASSED BY CONSENSUS: To amend Condition 8.A to read: The owner shall provide landscape plans, prepared by a licensed landscape architect... (the rest of the sentence remains as written). Condition 8.B: PASSED BY CONSENSUS: To revise Condition 8.B and summarize require- ments in added conditions. Condition 8.B: Delete the second sentence. Condition 8.C: Added: Landscaping required in Conditions 8.A and 10.B is not to encroach at any time in any pathway area. Condition 8.D: Added: All landscaping plans required by Conditions 8.A and 103 shall be reviewed by the Environmental Design and Noise Abatement Committees prior to the approval of the final map. Condition 8.E: Added: The applicant shall sign an agreement with the City Engineer, approved by the City Attorney, to provide for the installation of all landscaping required in Conditions 8.A and 10.B, and a bond shall be posted to guarantee the maintenance of the landscaping fortwo years to the satisfaction of the City Engineer. fir' Condition 9: PASSED BY CONSENSUS: To delete Condition 9.A. Condition 10.C: Condition 10.0 should be deleted as it is covered in Condition S.E. PLANNING COMMISSION MINUTES - April 25, 1979 Page four PUBLIC HEARINGS: (continued) 1. LANDS OF HOM, File #TM 2084-78: (continued) Condition ll.A: PASSED BY CONSENSUS: To delete Condition ll.A. Condition 12.A and 12.D: Commissioners requested the City Engineer to check with the City Attorney whether additional fees should be required for Storm Drainage and Park and Recreation in -lieu fees - in addition to those already paid by Lands of Hom, File #BSA 6074-76. (Mr. Carlson checked with the City Attorney and found that the fees charged on the Tentative Map were adequate and correct.) Chairman Stewart asked that the Tentative Lot Design and Development Plan sheet be amended by the applicant's engineer to reflect the existing drainfield and expansion area on Lot 1 and all driveway configurations on all lots before it is sent to the City Council. Commissioners discussed the disposition of the request for subdivision. Problems standing in the way of a recommendation of approval were: 1) the feeling that the subdivision was somewhat contrived, 2) Lot 3 wasnot of an adequate size, and 3) there were noise, drainaqe and visual problems on the proposed subdivision. MOTION SECONDED AND CARRIED: It was moved by Commissioner Kuranoff and seconded by Commissioner Dochnahl to recommend denial without prejudice for the Lands of Hom, File #TM 2084-78, because it does not meet with Ordinance 232, Section 9-4.102, subsections (d) and (e) requirements, and because it is contrary to the Subdivision Map Act provisions as cited in the memorandum dated December 27, 1977 by the City Attorney, specifically sections (a) and (d). AYES: Commissioners Rydell, vanTamelen, Dochnahl, Kuranoff NOES: None ABSTAIN: Chairman Stewart John Riley, Engineer for the Alicant, discussed noise problems resulting from pp I.S. 280 as they related to Lot 3 and mitigation measures provided for Mr. Hom's residence. Mr. Riley was informed by staff that he could appeal the recommendation of denial without prejudice to the City Council, or he could submit a new plan for a less dense subdivision. At 9:25 p.m. the Planning Commission was recessed; the meeting resumed at 9:40 p.m. 2. LANDS OF OLIVER, File #VAR. 7047-77, 25466 Adobe Lane, Oakley & Associates, Engineer, Request for Recommendation of Approval for Variance for Tennis Court Chairman Stewart acknowledged receipt of a letter from Ronald Woolworth, owners of adjacent property, recommending approval of the above request. Mr. Carlson reviewed the background of the request as detailed in his staff report of April 11, as discussed by the Variance and Permit Commission on April 11, and noted that the applicant has requested that the Planning Commission consider his variance request. There were no further comments, and the hearing was opened to the public discussion. PLANNING COMMISSION MINUTES - April 25, 1979 Page five q�w PUBLIC HEARINGS: (continued) 2. LANDS OF OLIVER, File #VAR. 7047-77: (continued) Dick Oliver, Applicant, discussed the problem he has with drainage flowing onto Tis driveways old easement on the back of his property, discussed the amount of encroachment into the setback area being requested, the fact that the area around his home is urbanized and has several tennis courts with variances, noted that neighbors are for the granting of the variance, noted the need for a court to provide family recreation, and requested that the Commission recommend approval of the variance request. Commissioner vanTamelen observed, after discussion with Mr. Oliver, that the solving of a drainage problem on the property was not entirely dependent upon whether Mr. Oliver obtained permission to build his tennis court. The building of the court was a way to correct the drainage, however, as proposed by Mr. Oliver. Variance and Permit Commissioners reviewed reasons for voting for or against the variance: Commissioner Dochnahl stated that while the property was of an exceptional shape, he voted against approval of the variance generally because of the amount of encroachment into the setback and the amount of impervious surface is just short of the Town limit for impervious surface. Commissioner Rydell noted he was not for denial of the variance request; his only concern was the effect of the court on the Howard property, but this had been satisfied to his satisfaction. Commissioner Kur- anoff stated that he had voted for denial because of the amount of encroachment e and the fact that other properties in the area had required variances. He wished to v protect the property rights of future residents of the Town. Commissioners discussed further reasons for voting for or against the request. Commissioner vanTamelen pointed to Resolution No. 694 and accompanying policy statement as an expression of the Town policy on the granting of variances for tennis courts. MOTION SECONDED AND CARRIED: It was moved by Commissioner Dochnahl and seconded by Commissioner vanTamelen to recommend denial of the request for variance for the Lands of Oliver, File #VAR. 7047-77, due to the lack of justification for Item #1 of Title 9, Article 5, Section 9-5.1107(b), Variance of the Planning and Zoning Ordinance. ABSTAIN: None AYES: Commissioners Dochnahl, vanTamelen, Kuranoff, Stewart NOES: Commissioner Rydell Mr. Oliver was informed that he could appeal this recommendation to the City Council. OLD BUSINESS: 1. LANDS OF PARNAS CORPORATION, File #TM 2065-77, Page Mill Road, Louis and Diederich, Engineer, Request for Planning Commission Approval of Improvement, Driveway and Landscape Plans Mr. Carlson reviewed past Planning Commission and staff action on the above request and discus -sed with Commissioners the present set of improvement plans submitted by Louis and Diederich. The hearing was opened to the public. �. Scott Carey, Cornish and Carey Realtors., wanted to verify with the Commission that the of the improvement plans for the subdivision had come down to two or three small items. This information was important to him and to Garrick Development Company as future purchasers of the property. PLANNING COMMISSION MINUTES - April 25, 1979 EE Page six V OLD BUSINESS: (continued) 1. LANDS OF PARNAS CORPORATION, File #TM 2065-77: (continued) The public hearing was closed, and the following motion made: MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Chairman Stewart and seconded by Commissioner Rydell to continue the Lands of Parnas Corporation, File #TM 2065-77, improvement plan review until written verification is received from the Town Geologist on the driveways to Lots 3 and 4 and from the Town Engineer on the whether Lots 2 and 7 can accommodate a building site, as well as written verification by the City Engineer that the subdivision meets all requirements stated by the list of conditions for the tentative map. Chairman Stewart asked that the Commissioners receive a copy of the approved tentative map along with written verification requested in the motion, and geological information on landslide areas with recommended setbacks from these areas. He asked that this information be sent out when the matter is next considered by the Planning Commission, and that Commissioners retain all previously submitted information. 2. Actions - PTanning Commission Committees: Chairman Stewart reminded Commissioners to remem er to submit progress reports on action taken to date, along with an estimate on what kind and how much outside help would be needed. 3. LANDS OF ALMON, File #BSA 6106-78: Mr. Carlson noted that the applicant has had a soils engineer on the site constantly and that this engineer will be reporting to the Town by letter on the work done at the site. Chairman Stewart requested that the report of the soils engineer for the Lands of Almon be submitted to the Planning Commission for review, and that staff check with Commissioner Lachenbruch as to what specifically he desires in the way of checking on this development. 4. Black Mountain and Altamont - Gutted House: Commissioner Dochnahl requested that staff check into a house at the corner of Black Mountain and Altamont - it has no roof, windows are missing and the house is gutted. Was there a permit issued to do this to the structure? NEW BUSINESS: 1. Resolution Setting Time and Place of Public Hearing on ve MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Stewart and seconded by Commissioner Dochnahl that the Resolution No. 79-5, setting the date of the public hearing for the above -listed item, be approved. Commissioners also requested that all affected neighbors be notified of the public hearing. 3. Setting_of Dates for Public Hearings for the Variance and Permit and Planning Commission Meetings: PASSED BY CONSENSUS: To set the public hearing for the Lands of Chu, File #7058-79, reviewed by the Variance and Permit Commission at their meeting of April 25. 4. amort from the City Council Meeting of April 18, 1979: Commissioner Dochnahl po rerted on his attendance at the April 18 City Council meeting. PLANNING COMMISSION MINUTES - April 25, 1979 t Page seven NEW BUSINESS: 5. Illness of former Planning Commission Member: Commissioner Dochnahl reminded T—ommissionersof former Commissioner Magruder, who was hospitalized with an inoperable brain tumor in Bend, Oregon where he had recently moved. He asked that friends and acquaintances remember Mr. Magruder in prayers or in any way possible. 6. It was noted that Lands of Oliver, File #VAR. 7047-77, would be appealed to the City Council at the meeting of May 16. The Minutes and the responses to the six conditions for granting of the variance should accompany the request. 7. Election of Officers for the Planning Commission: Chairman Stewart requested that the election of officers be sc hedUed as the last item of business for the meeting of May 9, according to the "Rules of Procedures for Planning Commissioners, Article II, Officers". Terms of office open are: Chairman, one year and Vice Chairman, one year. 8. Commendation of Staff Member: Commissioner Kuranoff commended Staff member Daryl Fazekas on the signs put up for site development locations as very helpful to the Commission to find where they are going and to be able to visualize the location of a buildino site more accurately. ADJOURNMENT: % There being no further new or old business, the meeting of the Planning Commission was adjourned by the Chairman at 11:29 p.m. Respectfully submitted, Ethel Hopkins Secretary on,