HomeMy WebLinkAbout09/28/1983PIAMING C0n1HSSION
Town of Ins Altos Hills
26379 Fremont Road
Ins Altos Hills, California
Wednesday, September 28, 1983
Reel 106, Side I, Tract II, 700 -End; Side II, Tract II 000-Et1d
Chairman Rydell called the meeting to order at 7:30 p.m. in the Town Hall
Council Chambers.
A. ROLL CALL:
Present: Ca ssicners Cariao, Dochnahl, Lachenbruch, Struthers
and Chairman Rydell
Absent: Commissioners Kuranoff arca Lachenbruch
Staff: City Engineer/Planner John A. Carlson; Assistant Planner
Pat Webb; Secretary Leslie Mullins
B. CONSENT CALENDAR:
MCYrION SBOD= AND CAR=: Moved by Carico, seconded by Struthers
and passed unan=usly to approve the Consent Calendar, namely:
1. Minutes of September 14, 1983 - Variance & Permit and Planning
Commission
2. Setting Public Hearings for October 12, 1983:
a) Lands of Berry Hill Farms, Annual Review
b) Lands of Fremont Hills Country Club, Annual Review
c) Lands of Westwind Barn, six month review
d) Lands of Korpcntinos, Site Approval
e) Lands of Salbu, Site Development Appeal
f) La Paloma Drainage Study
Commissioners Carico and Lachenbruch abstained from approval of minutes.
C. REPORT FROM CITY COUNCIL =ING OF SEP MMM 21, 1983:
Commissioner Dochnahl reported the City Council approved the variance
for the Lamas of Marcus; site development for Lands of Ersepke.
Mr. Carlson added the Council approved the Final Map for Lands of Huth
and placed a Hold Harmless Agreement on the Lands of Marcus variance.
D. PUBLIC HEARINGS:
1. Lands of Pinewood School, File #CUP 8014-76, Annual Review of
Conditional Use Permit
Ms. Webb referred to her staff report of September 23, 1983, noting
( the last annual review was November 8, 1982 which included an amend-
�w meat to the Conditions to reflect changes in Pinewood's program,
specifically, the transitioning from a K thru 10 to K thru 12. Ms.
Webb noted there have been no written or verbal objections to this
use permit since the last review, therefore, staff recommends approval
Planning Comnission Minutes - Septentier 28, 1983
Page Two
D. PUBLIC HFARINGS• (continued)
E 1. Lands of Pinewood School (continued)
�
/ of the annual review for the Pinewood School Conditional Use Permit
with an a.mrv7nwnt to the Conditions of Approval as follows: All
requirements of the Fire Department and Health Department shall be
colied with as part of the use permit.
The Public Hearing was opened and closed with no one speaking for or
against this item.
A question was raised by coimiission regarding Condition #1. of the
Conditions of Approval relating to the nacre of the school.
tor. Lyn Riches, Pinewood School, indicated the name on the sign at
the school site is: Pinewood's Fremont Hills School.
MOTION SECOMDED AND CARRIED: Moved by DDchnahl, seconded by Carico
and passed unanimously to reconwend approval of the Annual Review for
Pinewood School, Conditional Use Permit, File #8014-76, with amendrent
to Conditions of Approval as recctirtended in staff report dated September
23, 1983.
2. Lands of Groswith, File #SA 1-83, 27340 Julietta Lane, Request for
approval of Site Approval
Mr. Carlson referred to his staff report of September 26, 1983 noting
both items on the agenda D.2 and D.3 are both owned by Mr. & Mrs.
Groswlth and have similar considerations and Conditions. Mr. Carlson
informed oamtission they could handle both items under one public
hearing, taking independent action. Mr. Carlson indicated there were
three items of concern relating to street dedication, path easements
and construction and stone drainage. With regard to street dedication,
Julietta lane is 40' wide, noting an additional 10' of right of way
is needed on each side of Julietta Lane to bring the right of way
width in conformance with Municipal Code. Mr. Ahlgren in a letter dated
September 20, 1983 is requesting waiving of the street dedication
requirement, staff is recommnding that this not be waived. Mr. Carlson
indicated staff is requesting that a type IID path be installed
within the easement in Condition I.A. including installation of
drainage swales which would contain storm waters. Mr. Carlson noted
the Roads and Drainage Committee recommends that the Town develop a
storm drain study to address erosion and capacity for storm drain system
along Altaront Road; noting Condition 6.A. has been included as
follows: As part of the building permit fees a storm drain fee shall
be collected to pay for storm drainage iniprovements and studies
along Altamont Toad downstream of this lot. The fee shall be based
on a fair share basis for the lots within the tributary area for
Altaarmt Road.
The Public Hearing was then opened.
Mr. Terry Croswith, requested a Conditional Exception for roadway dedication
noting that Julietta Lane is fully developed with 40' dead end, and don't
believe that it will be widened, asking if the Town could also be asking
property owners to also dedication 10'? Mr. Groswith indicated he is
willing to pay the Town $300.00 per lot for path installation, if the
installation is a Type IA instead of IID, noting he has been informed
planning Co mission Minutes - Septenber 28, 1983
Page Three
D. PUBLIC HEARINGS: (continued)
2. lands of Groswith (continued)
the type IIB path causes mach nore erosion downstream than the native
type path. Mr. Groswith also informed commission he was in concurrance
with Condition 6.A. relating to storm drainage.
Mrs. Mary Stutz, Pathway connittee, noted they requested a Type IID
path to be installed in the event in the future when the properties
are sold there will be sone indicatation of the pathway.
The Public Hearing was then closed.
Commission, staff and applicant discussed the pathway condition, with
regard to best suited path, when to install path, and if to collect
the fees.
MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Carico
and passed to accept Condition S.A. as written in staff report dated
September 26, 1983.
Coanission and staff discussed the roadway dedication, noting there
would be no detrimental change to the lots if the additional 10' was
dedicated, or we could consider a 50' setback frau the front property
line.
MOTION SECONDED AND CARRIED: Mowed by lachenbruch, seconded by
Struthers and passed unani sly to accept Condition l.B. as written
in staff report dated Septenber 26, 1983.
PASSED BY CONSENSUS: It was passed by consensus to approve Condition
6.A. as amended.
MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Iachenbruch
and passed unanimously to recamiend approval of the Lands of Groswith,
File #SA 1-83 with conditions of approval as amended.
MOTION SECONDED AND CARRIED: Moved by Lacbenbruch, seconded by Rydell
and passed wnani�ously to recamend approval of the lands of C oswith,
File #SA 2-83 with conditions of approval as amended.
3. Lands of Korpontinos, File #SA 4-83, 26565 Alta ont Road, Request for
approval of Site Approval
This item has been continued to the October 12, 1983 by staff, all
required information was not available at tine of meeting.
4. Lands of Cochran, File #TM 1-82, Page Mill Road and Gerth Lane,
Request for approval of Tentative Map and Negative Declaration, 3 lots
Mr. Carlson referred to his staff report dated September 27, 1983 noting
` the first action the comussion should take is a motion recamending
approval of the Negative Declaration with a mitigation measure to read
as follows: Installation of Conservation Easement on Lot #2, and that
the Negative Declaration be filed with the Santa Clara County Clerk.
Mr. Carlson noted there is no significant effect on the environvrent.
planning Commission Minutes - September 28, 1983
Page Four
D. PUBLIC HEARIIrGS: (continued)
4. Lands of Cochran (continued)
The Public Hearing was opened and closed with no one speaking for or
against the Negative Declaration.
MOTION SBCONDED AND CARRIED: Moved by Carico, seconded by Dochnahl
and passed unanimously to approve the Negative Declaration with
mitigation measure to include Conservation Easement.
Mr. Carlson referred to his staff report of September 27, 1983, noting
there are six areas of concern regarding this subdivision: development
on lot #2, storm drainage, pathways, road dedication, sanitary sewers
and noise. With regard to Lot #2, staff is requesting a 60' wide
conservation easement be dedicated along the southerly and southwesterly
property line, thus preserving some of the steeper portions of the lot
and would allow development in the graded areas. Mr. Carlson noted
storm craters currently are collected on north side of Garth Lane,
the owner is proposing to widen pavement by 3' and install aAC Berm
from the subdivision to bridge at Matadero Creek, this is acceptable
to staff. Referring to the road right of way the owner has requested
diversion from policy which would require road right of way dedication
to center around the existing read. Mr. Carlson indicated Lot #3 will
be subjected to noise from freeway and requests landscape screening
which would include noise abatement plantings. Mr. Carlson referred
to a letter dated September 26, 1983 from Mr. Fa (neighbor) who is
very concerned over some messy eucalyptus trees on Lot #3. Mr. Carlson
recammended approval of the subject map with conditions of approval.
The Public Hearing was then opened.
Mr. Fa, 28263 Christophers lane, referred to his letter of September
26, 1983, noting these eucalyptus trees are very messy, fire hazard
and a public safety hazard and should be required to be removed.
Mrs. Bernan,28307 Christophers Lane, supportive in the removal of the
existing eucalyptus trees and asked that the plantings for noise
abatement not be eucalyptus.
Mr. Cochran, 2235 Page Mill Iniad, indicated he is willing to trim
tree if it becomes a hazard, noting there is only one eucalyptus tree
on his property at this location.
Mr. Carlson informed commission they are dealing with the subdivision
of land, relating to improvements, easements,etc., and suggested the
commission deal with this concern over the eucalyptus tree only if it
is a health and safety problem.
Mr. John Riley, Civil Engineer, informed commission over his and his
clients concern of Condition 1.A. and 1.B. , noting there is no offer
for dedication for public use. Mr. Riley noted there is an existing
road maintenance agreement for Gerth Lane.
Mr. Carlson indicated the reason for the road dedication is to facili-
` tate future acceptance by the Town, it is suggested than an irrevocable
offer be dedicated, but not accepted at this time.
planning Commission Minutes - September 28, 1983
Page Five
D. PUBLIC HFARIW-S: (continued)
`r 4. Lands of Cochran (continued)
Mr. Riley asked commission to leave the conservation easement as shown
on the tentative map that was submitted, instead of as suggested in
Condition I.C.
Commission and staff discussed the slope of the lot, noting the Building
Site Circle is 33% and in most subdivisions this whole region would be
looked upon as Conservation Easement.
Mr. Riley asked if the sanitary sewer to Lot #1 could be extended at
the time the existing septic tank fails (in the event); that at this time
Mr. Cochran be allowed to extend to Lot #2.
Mr. Carlson informed cm mission the sewer should be installed for the
whole subdivision.at the time the improvements are installed.
Mr. Cochran informed commission the existing septic tank is working fine,
and would like to eliminate some of these upfront costs.
Mr. Riley further informed conni.ssion there is an existing Road Maint-
enance Agreement. Mr. Carlson indicated it will need to include the
new property owners.
Mrs. Margo Pratt, 2215 Gerth Lane, asked questions regarding the height
limitations on the residences; guarantees of road maintenance and bridge
maintenance during the construction process; and drainage concerns.
Mr. Carlson indicated the drainage concern is standard policy to handle
the storm drain waters by taking to the street for Lots 2&3, noting this
is one of the reasons the berm is being constructed as part of the improve-
ments. Mr. Carlson noted there is a 30' Might limit and this would be
dealt with at the time of site development.
The Public Hearing was then closed.
Commissioner Lachenbrvch addressed the fact that the lots are at minanum
development area now, suggesting to the applicant that he might consider
[roving some of the lot lines taking advantage of the larger parcel remain-
ing so that the development area on the lots would increase, therefore,
eliminating the need for variances in the future.
Mr. Oscar Sobel, Christophers Lane, informed commission the eucalyptus
trees on the property are very messy and that Mr. Cochran should have
to remove then.
Commission felt this problem had been resolved earlier in the meeting
and went on to review the conditions of approval.
MOrION SECONDED AND CARRIED: Moved by Iachenbruch, seconded by Carico
and passed by the following roll call vote to delete Condition l.A.
ROLL CALL:
AYES: Carioo, Lachenbruch, Struthers, Rydell
NOES: Dochnahl
Planning Comission Minutes - September 28, 1983
Page Six
D. PUBLIC HEARRUS: (continued)
V 4. Lands of Cochran (continued)
NOTION SBCONDED AND CARRIED: Moved by Carico, seconded by Lachenbruch
and passed unanimously to recce end approval of the Lands of Cochran,
File #TM 1-82 with Conditions of Approval as amended.
5. Lands of Rizzi, 12615 Miraloma Fay, Site Development Permit Referral
for tennis court
Mr. Carlson referred to his staff report dated September 23, 1983
noting this item is a site development referral because of the grading
required for the proposed tennis court which exceeds the limits in
the Town's tennis court policy.
Commissioner Struthers indicated she was on the site development
committee and feels that the court could be turned which world not re-
quire as ankh grading and would be much more sensible with respect to
the tennis court policy, however, the applicant does not wish to change
his request.
Commissioner Dochnahl indicated he also was in attendance at the site
development committee meeting, noting this item was referred to the
cammission because of the cut and fill; grading in violation of the
tennis court policy.
(� Mr. Carlson indicated that since the site development committee
�W meeting, the applicant has worked on reducing the cut and fill; however,
the location has not been changed because the applicant wishes to
keep the north -south orientation, noting this is the best for tennis
courts.
Commissioner Lachenbruch indicated there is some difficulty in distin-
guishing between the finished and actual lines on the grading plan.
Mr. Lachenbruch indicated there are certain items the commission should
take into account with this application: 1) drainage; 2) visual aspect;
and 3) noise, noting this is a very large amount of grading, probably
second largest next to the Horton property and asked commission if they
felt this could be skillfully landscaped and if so should this be allowed.
Commissioner Lachenbruch felt the applicant should present a full land-
scape plan that would break up the facade of the retaanang wall and the
large amounts of grading and the court itself from offsite, noting if
these can be achieved he felt this court could be approved.
The Public Hearing was then opened and closed with no one speaking for
or against this item.
MOTTCN SECaOED AND CARRIED: Moved by Carico, seconded by lacherdr ch
and passed unanimously to continue the Lands of Rizzi application in order
for the applicant to return with a landscape plan. The following are
guidelines in which the applicant should follow while preparing the plan:
The Planning Commission is looking for a Landscape Plan that CoVlies
with the Town's landscape Policy, Resolution # 1256, it is important that
all fills, paved surfaces and retaining wall are softened from off site
vantage points - to break up geometric regularity with the use of trees,
shrubs, etc.
Planning Commission Minutes - September 28, 1983
Page Seven
a�
( 6. lands of Bhame, 28530 Matadero Creek Lane, Site Development
�r Permit Referral for new residence
Mr. Carlson referred to his staff report of September 23, 1983
noting this item has been referred from the City Coumil acting as
the Architectural Review Committee to the Site Development Committee
which held a meeting on August 30, and could not make a favorable
finding on the application. Mr. Carlson reported the camiittee
found deficiencies with 1) storm drainage; 2) excessive grading; and
3) the residence does not step down with the land as required by the
Tentative Map. Mr. Carlson indicated the applicant has submitted
new plans which eliminates the fill along the northern face of the
residence and provides additional drainage facilities; landscape
plans have also been provided for the commissions review. Mr. Carlson
indicated that the storm drain should be connected to the catch
basin in the street; the grading plan still indicates cut very visible
from off site; and the residence does not step down with the land.
Mr. Carlson indicated the development is not acceptable to staff.
Chairman Rydell questioned staff as to why this item was before the
commission, if it still has the same deficiencies as the site devel-
opment dealt with.
Commissioner Struthers explained that the oonmittee and applicant
seemed to reach a point of not being able to go any further and thought
a referral would obtain nore input.
Comnissioner Lachenbruch indicated the plans as submitted are not
adequate and would not be able to act on this item as they are not
in compliance with the Tentative Map, noting he feels the next step
the applicant should take would be appeal to the City Council if the
applicant wishes to remain with the plans they have submitted.
The Public Hearing was then opened.
Mr. Ron Harris, Triangle Associates, informed commission that the site
development committee meeting was confusing and we didn't know which
way to turn and that is the reason we are here tonight before the
commission for input and suggestions. Mr. Harris indicated they have
addressed drainage, fill, have eliminated same cut; with regard to the
type of residence, this is what the applicant wants and is in hopes
of resolving sore of these problems.
Mr. Walt Hoskins, Engineer, indicated in preparing the grading plans
one of the difficulties he had was with the height limitation imposed
on this lot, noting in order to step dawn the house they would have
to increase the amount of cut for this specific house that the applicant
wishes.
Commission and staff indicated that the house selected for this site is
not cmpatible to the constraints on this lot.
Mr. Ray Soloman, owner lot #2, pointed out his objections to this site
plan: 1) drainage issue has not been solved; 2) must be screening for
cut and retaining wall; 3) referred to CC&R's that house must follow
contours of land, noting if they did so, the house would benefit greatly
and the whole house would have a view. Mr. Soloman expressed concerns
over the grading and cuts and asked that these be minimized.
Planning Coamission Minutes - September 28, 1983
Page Eight
D. PUBLIC HEARINGS: (continued)
6. Lands of Bhamre (continued)
�I Mr. Ellinger, owner Lot #3, expressed his concern over the existing
catch basin for Matadero Creek, stating it is not adequate for the
runoff and should be looked at carefully before the winter rains.
Mr. Ellinger indicated the drainage as presented by Mr. Carlson to
run to the street will be adequate for this development.
The Public Hearing was then closed.
YOPION SECONDED AND CARRIED: Moved by Tach nhr,rh, seconded by
Dochnahl and passed unanimously to continue the Lands of Shamre
application to the Architectural Review Camiittee for Matadero
Creek and then on to the Site Development Committee for their
review and consideration.
7. Amendment of Section 9-5.1110 of the Municipal Code, concerning
City Council review of Planning Commission actions relating to
applications for variances, use permits and ordinance interpretations
Mr. Carlson informed Commission this ordinance change is a request by
staff to formalize actions which world allow the City Council to
discuss approvals of variances, conditional use permits or appeals, and
ordinances by the Planning Commission at the Council's next regularly
scheduled meeting. Staff recommends approval of the ordinance
amendTent with a minor change to include "Planning Commission, or"...
4A/ as shown in script on page one of the ordinance.
The Public Hearing was then opened and closed with no one speaking for
or against this item.
Staff and cormission discussed the reasons why this item was before the
crnmission; eonrtmission expressed they would like more information
before they could consider this amendment.
MOPSON SECONDED AND CARRIED: Moved by Rydell, seconded by Struthers
and passed unanimously to continue the proposed ordinance change on
procedures for variances, use permits, etc., for further information
to enable more discussion on this subject.
E. OLD BUSINESS:
F. NEW BUSINESS:
1. Planning Commission Report for conformity of trail easement
abandonment with General Plan, Lot #26, Tract #6297
Mr. Carlson referred to his staff report of September 28, 1983
noting the property owner of Lot #26 is requesting abandonment
of the existing trail easement. Mr. Carlson reported the
Pathway Committee has agreed to the abandonment with the condition
�/ that a new trail easement be dedicated along the westerly lot
line, the property comer has agreed to this requirement. Mr.
Carlson informed oo mission they are to review the abandonm t
and report to the City Council that it is in conformance with
the General Plan.
Planning Commission Minutes - Septe¢ber 28, 1983
Page Nine
F. NIN BUSINESS:
k1. Planning Coa fission Report for conformity of trail easement (continued)
Conmission and staff reviewed the request and discussed the
abazidoimient with Mary Stutz of the Pathway Comattee.
MOTI0N SBCONDED AND CARRIED: Moved by Carico, seconded by Lachen-
bruch and passed unanimously that the trail easement on Lot #26,
Tract #6297 abandorn t is in conformance with General Plan, which
includes Master Path Plan, as long as a new trail easare t is
dedicated along the westerly lot line.
G. ALUOURZENP:
There being no further new or old business, the meeting was adjourned
at 12:20 p.m.
Respectfully submitted,
Leslie Mullins
frigineering/Planning Secretary
`"�
V