HomeMy WebLinkAbout10/10/1979PLANNING COMMISSION
4w Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, October 10, 1979
Reel 81, Side 2, Tr. 1, 001 to End; Side 1, Tr. 2, 001 to 356
Chairman vanTamelen called the meeting of the Planning Commission to order in the
Council Chambers of the Town Hall at 7:45 p.m.
ROLL CALL:
Present: Commissioners Kuranoff, Dochnahl, Stewart, Rydell, Carico, vanTamelen
Absent: Commissioner Lachenbruch
Also Present: City Engineer/Planner John Carlson, Assistant Planner Pat Webb,
Secretary Ethel Hopkins
Press: Florence Pallakoff, Los Altos Town Crier
CONSENT CALENDAR
The Minutes of the September 26th meeting were removed from the Consent Calendar,
and corrected as follows: On Page four, Lands of Steers public hearing, under
remarks made by Art Lachenbruch, correct the last line by deleting "and spoke
for the undergrounding requirement." and substituting 'and spoke against the under -
grounding requirement on the basis that undergrounding would encourage further
development.' Thereafter, the Minutes were declared approved as amended by Chairman
vanTamelen.
PUBLIC HEARINGS:
1. LANDS OF MELCHOR, File #TM 2100-79, Westwind Way, John Riley, Engineer,
Request fnr Recommendation of Approval of Negative Declaration and Tentative Map:
Mr. Carlson recommended that consideration be given to the Negative Declaration for
the above request. The public hearing was opened and closed, with no one speaking
for or against the Negative Declaration.
MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Dochnahl,
seconded by Commissioner Rydell and passed unanimously to recommend approval of
the Negative Declaration for the Lands of Melchor, File #TM 2100-79.
Planner Pat Webb discussed the Lands of Melchor request for subdivision as detailed
in her September 12 staff report. She noted that Item 4 of the Housing Element of
the General Plan (page 62) was applicable in the design and conditioning of the
Melchor subdivision, also that calculations on the amounts of impervious surface
each lot of the subdivision might contain,usinq the proposed ordinance on limitation
of impervious surfaces,had been completed.
4 l Commissioners noted various corrections to be made on the map and staff report:
Commissioner Stewart noted the need to place 'no vehicular access' notations on the
map along La Paloma and Westwind Way on Lots 2, 4, 5, and 6; and that the degrees,
minutes and seconds be placed along the northeast property line of Lot 3. Commissioner
PLANNING COMMISSION MINUTES - October 10, 1979
Page two
4W PUBLIC HEARINGS: (continued)
1. LANDS OF MELCHOR, File #TM 2100-79: (continued)
vanTamelen questioned whether the Tentative Map review could proceed when the
geologist had not reviewed the geotechnical report on the property and was told
by Mr. Carlson that the Town Geologist had not yet responded with his report on the
review of the geotechnical report, but that this would be completed before the Final
Map can be accepted. Commissioner vanTamelen asked that the Exhibit #5 be corrected;
on Lot 4 under "Yield - Yf" column, the figure was listed as 1.2 when it should be
listed as 1.33. Thereafter the hearing was opened to the public discussion.
John Riley Engineeer for theAppplicant, 66 Third Street, Los Altos, agreed to add
the non -access markings on t�map; discussed t e height of any building to be con-
structed on Lot 6, noted that he had moved the building envelope down on the lot
on development plan sheet of the Tentative Map, and asked that the thirty-foot
Municipal Code regulation be the only limitation imposed; and finally, questioned
why a limitation of impervious surface was being proposed on this subdivision, as
this was not a part of Town ordinances.
Commissioner Kuranoff pointed out that since each lot was not required tostand on its
own in slope density requirements (thereby automatically requiring larger lots) the
limitation on impervious surfaces was imposed as a wav to control development on hillside
subHividions such as the Lands of Melchor.
`. Fran Stevenson,Pathway Committee, discussed the pathway request, noting that it would
be a ink with maJ or pat ways on Lavaloma, Concepcion, and Alta Tierra.
The public hearing was closed, and a review of the conditions was begun, with the
following motions being passed by the Commission:
Condition 1.A: PASSED BY CONSENSUS: To amend Condition #1.A to read: The owner shall
dedicate a minimum of ten feet (10') for a pathway easement along the
southwestern boundary lines of Lots 2 and 3.
Condition 2.A: PASSED BY CONSENSUS: To amend Condition #2.A to read: A final report
shall be prepared and approved by the Town Geologist and Soils Engineer,
and the Town Engineer.
Condition 6.A: PASSED BY CONSENSUS: To amend Condition 6.A to read: A Type lA path
shall be installed along the southwestern boundaries of Lots 2 and 3
between Concepcion Road and La Paloma Road.
Considerable discussion occurred among Commissioners and the applicant Mr. Melchor
on appropriate ways of landscaping to protect views, and on ways to assess fees
for road -in -lieu fees. Commissioner Stewart suggested that the CC&Rs for the sub-
division provide for limitations on landscaping.
Jack Melchor, Applicant, noted his desire to protect views with appropriate land-
scaping; stated that he would not sell his subdivision lots for development as his
intention was keep the land within his family distributing lots to his children;
and asked that in lieu of this deferred development and the fact that he had re-
built much of Concepcion and all of Westwind Way with a previous development, that
road improvements on Concepcion be deleted from the conditions,
PLANNING COMMISSION MINUTES - October 10, 1979
Page three
PUBLIC HEARINGS: (continued)
1. LANDS OF MELCHOR, File #TM 2100-79: (continued)
Condition 8.A: PASSED BY CONSENSUS: To amend Condition 8.A by revising the second
sentence to read: Any tree removed must be replaced by two to one
in kind and be approved by the City Engineer.
Condition 8.B: PASSED BY CONSENSUS: All cut and fill areas shall be hydroseeded
before winter rains, but not more than three months after cut and
fill.
Commissioners discussed with Mr. Carlson the desirability of requiring road
improvements to Town standards, whether berms should be required in light of
the desire to have roads as rural as possible, and when the road improvements
would be required in view of the deferred development of the subdivision lots.
Condition 9.A: MOTION SECONDED AND FAILED: It was moved by Commissioner Carico
and seconded by Commissioner Stewart to delete the phrase "and
Concepcion Road" and to add the sentence "The curb will be an asphalt
berm." to the condition.
AYES: Commissioners vanTamelen, Carico, and Stewart
NOES: Commissioners Rydell, Dochnahl and Kuranoff
ABSTAIN: None
L MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner
`, Kuranoff and seconded by Commissioner Stewart that Condition 9.A be
amended to read: LaPaloma Road shall be improved to a width of
eighteen feet (18'), and drainage shall be improved to the satisfaction
of the Town Engineer.
Condition 10.A: MOTION PASSES BY CONSENSUS: It was moved by Commissioner Stewart and
the consensus that Condition 10.A be amended with the addition of the
following sentence: Driveway access to Lot 2 shall be limited to
Westwind Way.
Condition 10.B: MOTION SECONDED AND PASSED BY CONSENSUS: It was moved by Commissioner
vanTamelen and seconded by Commissioner Dochnahl that Condition 10.B
be amended to read: There shall be no variances along the setback on
Lots 5 and 6 because of the close proximity of previously built structures
Considerable discussion occurred on ways to limit development on Lot 6 and make
the condition enforceable. The consensus was to leave Condition 10.0 as written
since it is within the intent of the General Plan.
Condition 10.D: MOTION SECONDED AND CARRIED: It was moved by Commissioner Stewart
and seconded by Commissioner Carico to amend Condition 10.1) to read:
Building structures on Lot 6 shall be limited in height and location
so as to be visibly unobtrusive off site and to prevent intrusion on
neighbors' views.
AYES: Commissioners Carico, Rydell, Stewart, Dochnahl, Kuranoff
NOES: Commissioner vanTamelen
kme ABSTAIN: None
Conditions 10.E and 10.F: MOTION SECONDED AND PASSED BY CONSENSUS: It was moved by
Commissioner Stewart and seconded by Commissioner Rydell
PLANNING COMMISSION MINUTES - October 10, 1979
[ Page four
PUBLIC HEARINGS: (continued)
1. LANDS OF MELCHOR, File #TM 2100-79: (continued)
Conditions 10.E and 10.F: to add the following conditions: Condition 10.E: "No
continued vehicular access" designations shall be placed on the
Tentative Map. Condition 10.F: The direction of the north-
easterly property line of Lot 3 shall be indicated on the
Tentative Map.
Condition 11.B: MOTION SECONDED AND FAILED: It was moved by Commissioner Carico and
seconded by Commissioner vanTamelen that Condition 11.6 be left as
written on the September 12 staff report.
AYES: Commissioners Carico and Dochnahl
NOES: Commissioners vanTamelen, Rydell, Stewart, Kuranoff
ABSTAIN: None
MOTION SECONDED AND FAILED: It was moved by Commissioner Stewart and
seconded by Commissioner Dochnahl that Condition ll.B shall be removed.
AYES: Commissioners Stewart and Dochnahl
NOES: Commissioners vanTamelen, Carico, Rydell, Kuranoff
ABSTAIN: None
MOTION SECONDED AND FAILED: It was moved by Commissioner Kuranoff
and seconded by Commissioner Rydell that Condition ll.B be amended
by adding in -lieu fees for improvement of Conception Road: 217.81 feet
40 @ $3.50 = $762.34 for a total Road -in -lieu fee of $2,328.38.
AYES: Commissioners vanTamelen, Rydell, Kuranoff
NOES: Commissioners Carico, Stewart, Dochnahl
ABSTAIN: None
MOTION SECONDED AND CARRIED: It was moved by Commissioner Kuranoff
and seconded by Commissioner vanTamelen that because the applicant
built the roads, and because they are in relatively good shape, we
will collect a road -in -lieu fee for both Westwind and Concepcion because
they are not being improved; however, the road -in -lieu fee shall be
506 of the fee to be charged; i.e., 50% of $2,328.38 or $1,164.19.
(Total fees charged will be changed to $2,904.98.)
AYES: Commissioners vanTamelen, Rydell, Stewart, Kuranoff
NOES: Commissioners Carico, Dochnahl
ABSTAIN: None
MOTION SECONDED AND PASSED BY UNANIMOUS ROLL CALL VOTE: It was moved by Commissioner
Dochnahl and seconded by Commissioner Kuranoff that the Lands of Melchor, File #TM 2100-7s
be recommended for approval, with conditions as amended.
3. LANDS OF SNEDIGAR, File #A 4529, 26052 Fremont Road, Request for Planning Commission
approval of Request to Bui d a ennis Court:
At the consent of the representatives for Lands of Adobe Creek, and after the following
motion, the Lands of Snedigar was considered out of agenda order. MOTION SECONDED AND
L CARRIED: It was moved by Commissioner Kuranoff and seconded by Commissioner Dochnahl
fir' that the Lands of Snedigar be considered out of the order listed on the agenda. All
Commissioners present voted for the motion with the exception of Commissioner vanTamelen
who voted aoainst it. None abstained.
PLANNING COMMISSION MINUTES - October 10, 1979
Page five
PUBLIC HEARINGS: (continued)
3. LANDS OF SNEDIGAR, File #A 4529: (continued)
Mr. Carlson noted that the Snediqar request had been referred to the full Planning
Commission by the Site Development Committee because of the amount of the cut and
fill required to construct the proposed tennis court. He noted also that a letter
dated October 10 had been received from Edward and Jean Stiles protesting the building
of this tennis court. Commissioner vanTamelen added to Mr. Carlson's discussion by
noting that it was felt at the time of Site Development that the tennis court should
be lowered considerably and that there was more fill than presently proposed with
tennis courts.
Gordon Snediqar, Applicant, discussed ways that the cut and fill for the court might
be modified, saidt a�siderable expense would be incurred in re-aradina and re-locatin,
the court, discussed landscaping and ways of mitigating the effect of the court, his
desire to establish a location for the tennis court, and his desire to keep the pro-
posed driveway for the residence rather than re -locate the driveway to accommodate
a new tennis court location. He requested that the Commissioners approve the plan
before them.
Edward Stiles, 26012 West Fremont, stated his total opposition to the tennis court
proposed by Mr. Snediqar and noted that his reasons were stated in his October 10th
letter to the Planning Commission.
Commissioner Kuranoff noted that the tennis court could be conditioned in several ways
4 (1) balance the grading; and (2) if there were landscaping required to mitigate the
visual impact; and 3) if the retaining wall for the cut could be terraced to accommodate
additional landscaping. He noted that the request came very close to meeting Town re-
quirements.
Commissioners continued to discuss ways that the applicant might accommodate a tennis
court on his lot. Suggestions were to have more cut and fill and to eliminate the loop
of the driveway and move the court far over on the property.
MOTION SECONDED AND CARRIED: It was moved by Commissioner Dochnahl and seconded by
Commissioner Stewart to deny without prejudice the Snediqar request for a tennis
court, File #A 4529.
AYES: Commissioners Carico, Rydell, Stewart, Dochnahl
NOES: Commissioners vanTamelen and Kuranoff
ABSTAIN: None
2. LANDS OF ADOBE CREEK, File #CU 8037-79, Moody Road, Paul Nowack and Associates,
Engineers, Request for Recommendation of Approval of Conditional Use Permit:
Mr. Carlson discussed his October 10 staff report on the above request and noted
that Attachments #3, #4, and #5 had not been referred to in his staff report. He
noted that as a part of the Use Permit, the applicant proposes to sub -divide the
property. It was the feeling of Staff, however. that the application fnr the
Tentative Map should be, separate from the Use Permit. He noted that those matters
dealing with legal matters were left out of his report. He noted that Attachment #3
( was a letter dated June 8 from the City Attorney instructing the Planning Commission
`I on how it might proceed with the previously submitted Use Permit for Adobe Creek, and
that the overall tone of the letter was appropriate for use with the present application.
Attachment #4 was a letter from the Town's City Attorney to Mr. Zoller of the Pangaea
Corporation on how conditions could be arrived at for a Use Permit. Mr. Zoller's reply
PLANNING COMMISSION MINUTES - October 10, 1979
Page six
640 PUBLIC HEARINGS: (continued)
2. LANDS OF ADOBE CREEK, File #CU 8037-79: (continued)
to Mr. Gillio's August 7th letter is contained in the report filed by the Pangaea
Corporation. Finally, Attachment #5 is the reference from the Municipal Code on
Conditional Use Permit applications. Mr. Carlson noted that Mr. Gillio had seen
the report from the Pangaea Corporation but had not replied to it in writing.
Thereafter, the hearing was opened to the public.
Bill Zoller, President of the Panacea Corporation, Applicant, responded to questions
from omm ssioners on ow e o e ree]Z odge�iion—Club would be run. He
noted that Mr. Bellucci, the land owner, had given him (Mr. Zoller) the authority to
apply for the Use Permit for the Recreation Club. He noted that once the Club mem-
bership is formed, he would no longer be the manager. He noted that he had not had
time to approach neighbors on the question of approval of the Use Permit. He had not
had the time because he was preparing the blue document submitted with the Use Permit
application. Also discussed with Commissioners was how the club could purchase Lot 4
when the land was subdivided under the Tentative Map process, the placing of an ad
in the "Wall Street Journal" to sell the property indicating Mr. Bellucci's desire to
sell the property and the presumption that the buyer of the property will want to con-
tinue the use of the property on Parcel 4 as a recreation club, that the club would
be a mutual benefit club as opposed to a public benefit club (this, however, is a legal
point that the City Attorney can decide on), discussed the changes that might be made
in the Use Permit report written by Mr. Carlson, discussed the various legal steps to
g comply with State requirements on corporation matters, discussed the various ways
a non-profit corporation could operate, and finally, thanked the Commissioners for
their efforts to understand the blue document.
Stanley Peterson, 24737 Prospect, stated that he did support the application for the
Use Permit.
Jim Morley, Rancho Murrieta Subdivision, stated his interest in the progress of the
Use Permit. He did not know enough about the permit, however, to have further comment.
Commissioners' comments included the following: Commissioner vanTamelen that the
signatures of approval of the Use Permit should be obtained and that Mr. Gillio's
response to Mr. Zoller's letter should be obtained, All Commissioners felt that Mr. Gillic
should be prrsent to provide guidaoce for Planning Commission discussion on the Use Permit
It was also requested that Mr. Gillio comment on the possible sale of the property
in addition to the letter and report sent to him on August 17. Commissioner Stewart
asked that Mr. Carlson also confer with Mr. Gillio on his staff report. Commissioner
Kuranoff commended the Use Permit Application as a very feasible plan, and stated that
he would very much like to see the land remain in this recreational use rather than
be subdivided. Commissioner Carico concurred with him, and asked also that Mr. Gillio
clarify the provisions for outside promotional activities, and possibly to condition
the use permit on these outside activities until the club has "x" amount of members.
The following changes were made in the Staff report and Conditions of the Use Permit:
Page 1 of the Staff Report under "Staff Recommendation", change"The Adobe Creek Lodge
Recreation Lodge" to 'The Adobe Creek Lodge Recreation Club'.
On Page 1 of the Conditions, under "Automatic Termination", add l.a: Incorporation
within ten days after issuance of the Use Permit. Re -letter all subsequent sub conditions
b. through h.
PLANNING COMMISSION MINUTES - October 10, 1979
Page seven
#,W PUBLIC HEARINGS: (continued)
2. LANDS OF ADOBE CREEK, File #CU 8037-79: (continued)
On Page 1 of the Conditions, under "Automatic Termination", re -lettered Condition l.c.,
change to read: Obtain securities permits as required from the appropriate State and
Federal authorities within 150 days of the issuance of this permit.
On Page 2 of the Conditions, amend Condition 6.b. 2. to read: Evening family dinners
shall be prohibited until there are 200 proprietary members.
On Page 2 of the Conditions, under Condtiion 6.1b., add a new sub -three to read:
Monthly socials - once a month type dinner dances. Re -number the old 6.1b.3. to
6.b.4.
On Page 2, Condition 6.c., change the condition to read: The limit of the number of
family memberships for the Club to a maximum of five hundred (500) .... (the rest of
the condition remains as written.
On Page 3, under Item 7. (Operation:) MOTION SECONDED AND CARRIED: It was moved by
Commissioner Stewart and seconded by Commissioner Rydell to change Condition 7.a to
read:"Permittee shall: a. The club shall observe the following rules and hours of
operation:" Voting for the motion were: Commissioners Rydell, Stewart, Dochnahl,
Kuranoff. Against: Commissioners vanTamelen and Carico. There were no abstentions.
f On Page 3, Condition 7.iv.: Change to read: Permittee may conduct all food and beverage
�
✓ operations itself.
On Page 3, Condition 7.vi: Delete entirely and add instead Item H., page 4 of the
"Proposed Use Permit" in the blue binder submitted by Pangaea Corp.:
vi.: Outside terin Prohibited. Permittee shall not conduct or allow to be con-
ducted onCathe
above-mentioned real property functions or activities to members
of the general public, who are not members of the Permittee. Such prohibited
functions or activities, include any function or activity at which at least
50 percent of those persons attending such function or activity are not members
of Permittee. Notwithstanding the foregoing,until Permittee has sold all of its
proprietary memberships offered for sale, Permittee shall be allowed to conduct
functions or activities for the purpose of selling said memberships to members
of the general public; however, such functions or activities shall not be con-
ducted unless Town has been notified in writing at least 72 hours in advance of
the holding of such function or activity and Town, within that period has not
notified Permittee that it may not hold such described function or activity.
The above notice to Town or Permittee shall contain a description of the type or
nature of function and activity, the contemplated number of persons who are
not members who are expected to attend, and the hours the function or activity
will last.
Changes recommended in the Use Permit conditions were made with the consensus of the
Planning Commissioners. Mr. Carlson stated that he would revise the conditions as
recommended, consult with Mr. Gillio, and obtain a written statement on Mr. Zoller's
letter and other information requested by the Commissioners. The consideration of
44, the use Permit application was continued to the meeting of October 24.
At 12:00 p.m. a short break was taken; and on the motion of Commissioner Carico,
followed by a consensus, it was determined that Lands of Sander would be considered,
and then the meeting would be adjourned.
PLANNING COMMISSION MINUTES - October 10, 1979
Page eight
OLD BUSINESS:
1. LANDS OF SANDER, File #A 4418, 25440 Adobe Lane, Request for Approval of Site
Development for New Residence:
Mr. Carlson noted that the above item had been continued by the Planning Commission
in order for the applicant to provide certification of the safety of the foundations
for two silos that would be incorporated into the residence. He referred to an
October 1 letter from Kamboj Brothers certifying that the foundations of the silos
were safe and could be used in the residence. He noted, however, that with Planning
Commission approval, the matter should be referred back to Site Development for
site drainage plans and any other items that Committee felt it was important to consider.
Gerhard Sander, Applicant, discussed the condition of the silos, and noted that they
would be repaired and used either as dressing rooms or shed areas. They would not
be used as living quarters. He noted he has a problem with an easement on the property,
that it is on a steep area of the property, and asked if he could obtain release from
the Town regulation for grading within ten feet of the property line in this easement
area.
Commissioners commended Mr. Sander on this effort to incorporate these historic silos
in his building plans and advised him that a variance would have to be obtained to
allow his grading in the easement area. They advised him to pursue this further at
the Site Development Committee discussion.
t MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Kuranoff and
seconded by Commissioner Dochnahl that the Lands of Sander, File #A 4418, be referred
back to the Site Development Committee with the concerns noted by Mr. Carlson, namely,
1) Site drainage; 2) Code requirements on silos; 3) Grading within the easement ten
feet from the property line.
2. Discussion on Landscaping Policy: Postponed until October 24.
3. Workshop: The Planning Commission set Thursday, November 1, from 7:15 to 10:00 p.m
as the date of the Workshop.
4. Report of Subcommittee Considering Tennis Court Policy: No report.
5. Subcommittee on Pathways: Commissioner Carico felt that it would be good idea for
for the Pathway Committee to discuss for the Commission the pathways and overall
pathway plan. Commissioner Carico agreed to be the pathway liason between the
Planning Conmission and the Pathway Committee. Commissioners asked that they
be sent a copy of the new Pathway Map, and that the map be enlarged from the
eight by ten sheet.
NEW BUSINESS:
1. Setting of Dates of Public Hearings for Planning Commission and Variance and
Permit Commission Meetinq of cto er 24: T ere were no new items for t ese agendas.
2. Re ort from Cit Council Meeting of October 3: Commissioner Lachenbruch was absent
�10from t e Planning Commission meeting.
ADJOURNMENT:
There being no further new or old business, the meeting was adjourned on the motion
of Commissioner Stewart at 12:31 a.m. R RRTcthfopuplklhyssubmitted,
Secretary