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HomeMy WebLinkAbout10/24/1979PLANNING COMMISSION Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, October 24, 1979 Reel 81, Side 1, Tr. 2, 361 to End; Side 2, Tr. 2, 001 to 280 Chairman vanTamelen called the meetino of the Planning Commission to order at 7:50 p.m. in the Council Chambers of the Town Hall. ROLL CALL: Present: Commissioners vanTamelen, Carico, Rydell, Stewart, Dochnahl, Kuranoff Absent: Commissioner Lachenbruch (excused) Also Present: City Engineer/Planner John Carlson, Assistant Planner Pat Webb, Secretary Ethel Hopkins Press: Ann Gibbons, Peninsula Times Tribune CONSENT CALENDAR: Lands of Philbrick, File #TM 2102-79, Item 2(b) was removed from the Consent Calendar �\ for separate consideration. MOTION SECONDED AND UNANIMOUSLY APPROVED: It was moved by Commissioner Carico and seconded by Commissioner Dochnahl to approve the balance of the Consent Calendar, namely: 1. Minutes of October 10, 1979 2. Acceptance for Filing of Tentative Map: (a) LANDS OF MANUEL, File #TM 2101-79, Elena Road, Paul Nowack and Associates, Engineer In response to Planning Commissioners' questions on the adequacy of the Lands of Philbrick Tentative Map, Mr. Carlson noted that the applicant decided to submit his map in conformance to minimum requirements for slope density. MOTION SECONDED AND APPROVED UNANIMOUSLY: It was moved by Commissioner Dochnahl and seconded by Commissioner Stewart that the Tentative Map for the Lands of Philbrick, File #TM 2102-79, be accepted for filing. PUBLIC HEARINGS: 1. LANDS OF ADOBE CREEK LODGE RECREATION CLUB, File #CU 8037-79, Moody Road, Paul Nowack and Associates, Inc., Engineers, Request for Recommendation of Approval of Conditional Use Permit: Mr. Carlson reviewed the City Attorney's October 20 letter on the above request, and G \ noted that the Plannina Commission had received a revised list of conditions. There- after the hearina was opened to the public discussion. Stanle Peterson, 24737 Pros ect Avenue, spoke in favor of the use permit application, ut requested that he, as an adjacent landowner, be given access across the Lands of Adobe Creek for his own land -locked parcel of land. PLANNING COMMISSION MINUTES - October 24 , 1979 Page two PUBLIC HEARINGS: (continued) 1. LANDS OF ADOBE CREEK LODGE RECREATIONAL CLUB File OCU 8037-79: (continued) Commission and Staff reponse to Mr. Peterson's request was that this request for access should be considered at the time of the Tentative Map discussion, and that Mr. Peterson should at that time submit some background information for his request, i.e., whether any attempt has been made in the past to obtain an easement across the property, etc. Discussion continued between Staff and Commissioners on precisely what issues the Planning Commission should deal with in reviewing the subject Use Permitin view of the first paragraph of Mr. Gillio's October 20 letter, and ways to provide that the operation of the recreational club shall not be controlled by the property owner or his agent (re paragraph three of Mr. Gillio's letter). Bill Zoller, A ent for Adobe Creek County Club, P. 0. Box 748, Los Altos, discussed measures o prove e or con ro o e u a airs, re erring o age Item A 1.(e) of the Proposed Use Permit; discussed the need to have an approved use permit in order to begin soliciting club memberships; discussed the terms of incorporation of the Club and expressed concern for Mr. Gillio's statement that the application would probably not be completed until December 31, 1979; supported the deletion of Condition 9(b); and finally, discussed parking facilities for the Club. David Bellucci 26220 Moody Road, declared his intention to sell the Adobe Creek `,1 property and stated that he had no wish to be a part of the Board of Directors for the Adobe Creek Recreational Club. Carol Gottlieb Pathway Committee, spoke for some provision in the conditions of the Use Permit for the path along Moody Road. She was told, however, that a more appropriate vehicle for requesting the path easement would be the tentative map. MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Rydell and seconded by Commissioner Carico that the following should precede the listing of the conditions of the Conditional Use Permit: The control over the operation of the recreational club shall be solely vested in the Board of Directors of the Corporation and be divorce,) totally from the property owner or his agent from the effective date of the Conditional Use Permit. In discussion on the above motion, Commissioner Carico cited the City Attorney's memo of June 8, 1979, page two, questioning whether the property owner could in fact sit on the Board of Directors and be a part of the club's operation in light of the ruling cited with the second paragraph beginning "A Use Permit...". The overall concern stated, however, was that this provision would be made for any future owner in addition to the ownership at the present time. Commissioner Dochnahl expressed his concern, and noted that he had consulted with Mr. Gillio on this matter, that the Planning Commission was being asked to approve a use permit for a club that does not exist on property that the club does not own. He noted that he had been assured by Mr. Gillio that legal means would be provided 401 to automatically void the use permit, should the property owner be in control of the club. A roll call vote was taken on the above motion (see paragraph six) and the motion passed by a unanimous roll call vote. PLANNING COMMISSION MINUTES - October 24, 1979 Page three PUBLIC HEARINGS: (continued) 1. LANDS OF ADOBE CREEK RECREATIONAL CLUB File NCU 8037-79: (continued) PASSED BY CONSENSUS: On the motion of Commissioner Stewart, the Commission decided to send a note to the City Council and. to Mr. Frank Gillio, City Attorney. In reference to paragraph four of the City Attorney's letter to the Planning Commission dated Octo- ber 20, 1979, stating as follows: Since it is unlikely that the application will be finally disposed of before December 31, 1979, the application for incorporation should be filed under the new Corporation Law as a Mutual Benefit Corporation. The Commission feels that this is not a Planning matter but should be worked out between the applicant's attorney and the City at the Council and City Attorney level. PASSED BY CONSENSUS: To amend Condition 7. b. vi. title to read: 'Outside Activities, Prohibited'. It was the feeling of the Planning Commission that Condition 7.1b.vi. effectively addressed the top statements on page two of Mr. Gillio's October 20 letter, 'regarding activities at the club. Discussion on whether to include all documents with the Use Permit list of conditions (Condition 9.1b.) resulted in the decision to recommend deletion of the condition. MOTION SECONDED AND CARRIED: It was moved by Commissioner Dochnahl, seconded by Commissioner Kuranoff, and carried to delete Condition 9(b). AYES: Commissioners vanTamelen, Carico, Dochnahl, Kuranoff NOES: Commissioners Rydell and Stewart ABSTAIN: None MOTION SECONDED AND PASSED UNANIMOUSLY: To add to the list of conditions (after the statement on the control over the operation of the recreational club) the following statement: The form of the Articles of Incorporation, By -Laws, and Lease shall be subject to the approval of the City Council upon the recommendation of the City Attorney. (as recommended by paragraph two of Mr. Gillio's October 20 letter) John Carlson requested that Condition 7.d. be amended to reflect the decreased amount of land available for parking area for the club, with the subdivision and proposed subdivision of adjacent areas (Rancho Murtta and Lands aofdatelmore). Het discussed parking the need for the applicant to show that the places that are already in existence so that in the event that there are a greater number of cars than the amount of parking spaces available, no traffic will overflow onto Moody Road. Mr. Zoller agreed with the limitation of cars to the number of parking spaces available but could not address the number of people the club could accommodate. Mr. Zoller discussed the actual area included in the previously issued use permit and contested that the area of the Rancho Murietta Subdivision had ever been included in the parking area. jb;1 MOTION SECONDED AND CARRIED: It was moved by Commissioner Rydell and seconded by Commissioner Dochnahl to amend Condition 7.d. to read: Limit number of persons or motor vehicles on the property at any given time to a maximum of one thousand persons (1,0 and one hundred forty-one (141) vehicles, respectively. PLANNING COMMISSION MINUTES - October 24, 1979 Page four PUBLIC HEARINGS: (continued) 1. LANDS OF ADOBE CREEK RECREATIONAL CLUB, File NCU 8037-79: .(continued) Mr. Carlson suggested that the Planning Commission review the Adobe Creek Use Permit for its compliance with the findings for the granting of the Use Permit. The Planning Commission reviewed the requirements of Section 9-5.1107 of the Municipal Code and determined the following: (7) (i): The proposed use and facilities are properly located in relation to the community as a whole, land uses, and transportation and service facilities in the vicinity. (ii) The Commission agreed that "the site for the proposed use is adequate in size and shape to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping, and such other features as may be required to assure that the proposed use will be reasonably compatible with land uses normally permitted in the surrounding area. (iii) The Commission agreed that"the site for the proposed use will be served by streets and highways of adequate width and pavement to carry the quantity and kind of traffic generated by the proposed use. (iv) Commissioners generally agreed that "the proposed use will not adversely affect the abutting property or the permitted use thereof", however, Commissioner vanTamelen pointed out that the signatures of property owners in the area had never been obtained by the applicant. It was pointed out by Commissioner Carico and other Commissioners that they were satisfied that this condition had been addressed when property owners were notified of the public hearing. (2) Commissioners were in agreement that the following had been met: Every conditional use permit granted may be subject to such conditions as are deemed necessary to protect the public health, safety and general welfare and secure the objectives of the General Plan. MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Dochnahl and seconded by Commissioner Rydell to recommend approval of the Conditional Use Permit for the Adobe Creek Lodge Recreational Club, File NCU 3037-79, with conditions as amended. OLD BUSINESS: I. Im ervious Surface Limitation Discussion: Assistant Planner Pat Webb discussed computations made on Commissioner Lacnen ruch's formula to limit the amount of impervious surface allowed in the development of lots in the Town. Commissioners noted that Commissioner Laclienbruch should be present for any further consideration on impervious surface limitation, and then passed the following motion: MOTION SECONDED AND PASSED BY UNANIMOUS ROLL CALL VOTE: It was moved by Commissioner Rydell and seconded by Commissioner Dochnahl that the secretary request the City e1 Attorney to write an ordinance on impervious surface limitation, and to schedule \r' the matter for a public hearing. 2. Discussion on Landscaping: Carol Gottlieb, Pathway Committee, requested that the staterent on Landscape Policy be ai.2ndc' to include a statement on plantings along paths and travelways. PLANNING COMMISSION MINUTES - October 24, 1979 Page five PUBLIC HEARINGS: (continued) OLD BUSINESS: (continued) 2. Discussion on Landscaping: (continued) MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner van Tamelen and seconded by Commissioner Kuranoff to add as guideline No. 4 the following: Plants and shrubbery shall be planted so as not to encroach on roads and pathways. (All subsequent guidelines shall be re -numbered.) Consensus also was to amend the Policy statement, paragraph 2 of the first section, by adding the line left out by the typist, i.e., to add the line 'abate..."unnatural noise, to protect wildlife habitat, and to retain aesthetic"...quality'. The Planning Commission also amended the October 5 memo titled "Procedure for Imple- mentation of Landscape Policy and General Guidelines", items 2. a. and b. on page two of the memo to read as follows: a. It is proposed that a checklist be formed for the committee's use which would itemize areas of concern and provide specific usggestions for mitigation, (i.e., native vegetation for minimally developed areas, blending schemes for more highly developed areas, appropriate cover and screening for cut and fill areas, fire resistant plants for high fire hazard areas, etc.) (The Environmental Design Committee should be consulted.) L .1 b. Enforcement at this level would be the same as the past - bonding; but it is _+ recommended that the bond be increased to be more commensurate with the property's value and costs to the Twon for enforcement, and subject to payment after owner occupancy. JoAnne Morris, Resident of Los Altos Hills, pointed to the problem of preserving oak ees w en trgrading andfilling on properties. Comissioners discussed various ways that this might be dealt with, but no concrete solution was arrived at except that the Site Development Committee should be aware of the need to make arrangements for preserving existing trees on properties under development. MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Commissioner Dochnahl and seconded by Commissioner Kuranoff that the Landscape Policy Statement and accompanying memo on implementation be recommended to the City Council for approval. 3. Report of Subcommittee Considering Tennis Court Policy: No report was given. NEW BUSINESS: Public anni Vari PASSED BY CONSENSUS: To set for Planning Commission hearing on November 14: LANDS OF WESTWIND, File #CU 8022-77, Altamont Road, Review of Conditional Use Permit for the Lands of Westwind Co-op for Westwind Barn. Commissioner Stewart requested that hereafter the setting of public hearings be a matter that is listed on the Consent Calendar. Regarding this matter, Mr. Carlson noted that all items that were ready when the agenda was made up would be listed on the agenda. Additional items received could be added at the time of the Planning Commission meeting. PLANNING COMMISSION MINUTES - October 24,1979 Page six �j NEW BUSINESS: (continued) C 4~ 2. Report from City Council Fleet inq of October 17: Commissioner Kuranoff reported on the progress of Three Forks Lane improvements, and noted that the office of Paul Nowack would be looking at the traffic problems in the area and would be coming back to the Council with suggested solutions. 3. Planning Commission Study Session: Commissioner vanTamelen discussed agenda items to be included for the November 1 Study Session. 4. Death of Former Plannin Commissioner Bill Magruder: Commissioner Dochnahl informed Commission men of the death of former Planning commissioner Bill Magruder of inoperable brain cancer. He asked that the Planning Commission meeting be adjourned in his memory. Commissioer Carico requested that the secretary write a note of sym- pathy to the Magruder family on behalf of the Planning Commission, ADJOURNMENT: There being no further new or old business, Chairman vanTamelen adjourned the meeting at 11:00 p.m. to the Study Session on November 1st. The meeting was adjourned to the memory of Bill Magruder, former Planning Commissioner. Respectfully submitted, Ethel Hopkins Secretary