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HomeMy WebLinkAbout09/28/1988PLANNING COMMISSION MINUTES OF A REGULAR MEETING TOWN OF LOS ALTOS HILLS 26379 Fremont Road I W Los Altos Hills, California �ti.9 p Wednesday, September 28, 1988 iReel 1N, Sd. II, Tr. II, 250 -End; Sd. I, Tr. I, 000-781 Chairman Kaufman called the meeting to order at 8:35 p.m. in the Town Hall Council Chambers. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Carico, Emling, Jones, Noel, Patmore, Stutz and Chairman Kaufman Absent: None Staff: Bill Ekern, Director of Public Works; Sally Lyn Zeff, Planning Director; Leslie Mullins, Planning Technician JB. CONSENT CALENDAR: ' Commissioner Patmore requested the minutes of August 31, 1988 be amended as follows: On page eleven, references made to 20" shall be 20" circum- ference. On page eight, seventh paragraph, should be "talked". The minutes of August 24, 1988, on page six to be amended to read "Commis- [ `sioner Patmore will make comments in writing". MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Patmore and passed unanimously to approve the minutes of August 24, and 31, 1988 as amended. C. REPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF SEPTEMBER 20th & 27th: Chairman Kaufman reported the Site Development Committee on September 20th approved addition for Klughaupt on Quail Lane; approved remodel/addition for Aveillino on Purissima Road; approved new residence for Woo on Wright Way; approved new residence for Henning on Altamont Road; and approved second unit for Handley on Page Mill Road. Commissioner Patmore reported the Site Development Committee on September 27th approved swimming pool for Owen Homes on Matadero Creek, noting neighbors raised concern over the color of the house; and approved grading plan for Tam on Saddle Mountain. D. REPORT FROM CITY COUNCIL MEETING OF SEPTEMBER 21, 1988: Commissioner Noel reported the City Council on September 21, 1988 schedul- ed hearing for review of Pinewood Private School Annual Review for their I first meeting in November; appointment of a committee for Westwind Barn land management to consist of three people: Mayor Johnson, staff member and Chairman of the Site Development Committee; Lands of Poor Clares Use Permit approved; Lands of MacKenzie Variance and Conditional Development approved; McCulloch Tentative Map continued to October 5th, for further review of concerns raised by Commission; approved temporary stop sign at 4wPurissima and Arastradero Roads; approved agreement between Town and The Owen Companies for demolition of Frampton residence on Magdalena, noting a historic marker will be placed on the property to commemorate the home; and appointed new Mayor and Mayor Pro Tem: Mayor Robert Johnson, and Mayor Pro Tem Toni Casey. E. PRESENTATIONS FROM THE FLOOR: F. PUBLIC HEARINGS: 1. LANDS OF VARSANYI, FILE HTM 4-88, 12631 Mira Loma Way, Request for ap- proval of Tentative Map with conditional exception and Negative Decla- ration for a two -lot subdivision (continued from last meeting) Chairman Kaufman informed Commission and public this item is continued from the September 14, 1988 meeting, due to incorrect notification to residents within 3001. Mr. Ekern informed Commission since the last hearing some of the residents who raised concerns over roadway and drainage have contacted the County, noting the County has contacted us and we are forwarding the tentative map to them for review. Mr. David Gielow, 12595 Mira Loma Way, concerned over easement dedication: 1) with regard to utilities, whey only Pacific Bell and not PG&E; 2) con- cerned over cost to applicant to undgerground utilities; and 3) Mira Loma ay right-of-way. Mr. Melvin Hill, Civil Engineer, discussed existing drainage improvements within County portion of roadway, and proposed drainage improvements as part of this subdivision. Mrs. Elizabeth Rizzi, 12516 Mira Loma Way, indicated the existing swale has never worked properly. Mr. Ekern noted he has not seen specific design plans, noting it should be an asphalt lined ditch. Mr. Hill added either 4" concrete or 2" asphalt. Mr. Risner, 12720 Summerhill, informed Commission he is concerned over the location of proposed buildings. Mrs. Carol Gottlieb, 24290 Summerhill, questioned if the pathway would be within the 30' right -o£ -way. The Public Hearing was then closed. Chairman Kaufman expressed his concern over a 30' right-of-way, noting 40' - 50' would be more appropriate. Y Commissioner Patmore noted again her concern of inconsistency with road right-of-way dedications, giving examples of other subdivisions and the right-of-way obtained, noting 30' is inappropriate. Commissioner Stutz indicated right-of-way should be at least 40', noting 4,she could not recommend subdivision of this property. Commissioner Carico also noted she could not go along with 3019 noting 50' is better. Mr. Ekern informed Commission the LUF is 1.03 with 30' right -o£ -way. MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Jones and passed unanimously to recommend to the City Council that the Council certify the Negative Declaration. MOTION SECONDED AND FAILED: Moved by Jones, seconded by Noel and failed by the following roll call vote to recommend to the City Council that Council approve a Conditional Exception in the width of road right-of-way to allow the road right-of-way to be 40' rather than 60' ROLL CALL: AYES: Commissioners Jones, Noel and Chairman Kaufman NOES: Commissioners Carico, Emling, Patmore and Stutz MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Patmore and passed unanimously to recommend to the City Council that the Planning Com- mission does not approve a Conditional Exception for road right-of-way MOTION SECONDED AND CARRIED: Moved by Jones, seconded by Stutz and passed by the following roll call vote to recommend to the City Council denial of the Lands of Varsanyi Tentative Map, File #TM 4-88, 12631 Mira Loma Way OLL CALL: AYES: Commissioners Carico, Emling, Jones, Patmore, Stutz and Chairman Kaufman NOES: Commissioner Noel Commissioner Noel clarified his No vote, due to the fact that sufficient information was not provided by staff to make a clear decision, noting he is not opposed to the subdivision, we just don't have all the information. The Commission then reviewed the conditions of approval for the Lands of Varsanyi, so that if the City Council does decide to approve this subdivi- sion, the conditions have been reviewed by the Commission. PASSED BY CONSENSUS: It was passed by consensus to change conditions N7, from 12" to 24". PASSED BY CONSENSUS: It was passed by consensus to add new condition 10.A. A Type IIA pathway shall be installed along Mira Loma Way. Commissioner Carico expressed concerns over reviewing conditions of ap- proval, noting the map if revised should return to the Planning Commis- sion, noting she would much rather try to help the applicant by continuing this item for further review by staff than to deny the application. I 2. LANDS OF PACKARD, FILE #VAR 17-88, 26580 Taaffe Road, Request for a variance to allow a fence within the setback area to exceed allowed height limit along Altamont and Taaffe Roads Ms. Zef£ referred to staff report dated September 22, 1988 informing Com- 4mission this is a public hearing to consider a request for a fence within the setback area to exceed the allowed height limit, informing commission the appicant is requesting a 7' fence for protect newly planted apricot orchards from deer. Ms. Zeff recommended that the Planning Commission based on findings presented in the September 22, 1988 staff report approve the requested variance to allow the proposed fence to exceed the allowed fence height per Municipal Code Section 10-1.504 (d) Mr. Ekern informed Commission there are a couple of areas where the pro- posed fence is on the wrong side of the reference line, noting these areas would require the applicant to obtain another variance prior to construc- tion. The Public Hearing was then opened. Ms. Pat Webb, Brian Kangas & Foulk, informed Commission Mr. Packard has historically had his property planted with apricots, noting we acquired a variance in March for 7' fence on Elena, noting we desire the same fence to be located along Altamont and Taaffe Roads. Ms. Webb informed Commis- sion the Title report prepared indicates the property line on Altamont goes to the center of the road, noting she was not aware until this eve- ning that she would need another variance. Ms. Webb indicated they do in- tend to keep the stream corridor open. ( The Public Hearing was then closed. `'Commissioners asked that staff work with applicant to see that fence will not restrict deer from stream. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Jones and passed unanimously to approve the Lands of Packard, File #VAR 17-88, based on findings presented in the September 22, 1988 Staff Report to allow an open wire mesh fence to exceed the allowed fence height per Municipal Code Section 10-1.504 (d) 3. LANDS OF LLOYD, FILE #CUP 13-88, 12824 Brendel Drive, Request for Con- ditional Use Permit for a secondary dwelling unit Staff informed Commission a letter has been received from the applicant's architect requesting continuance of this item to allow time to resolve the negative comments received from the County Health Department. PASSED BY CONSENSUS: It was passed by consensus to continue the Lands of Lloyd, File #CUP #13-88, to allow applicant to work with County Health De- partment 4. LANDS OF BENNETT, SELLS & VALDEZ, FILE #TM 2-88, 12100 Hilltop Drive, Request for approval of Tentative Map and Negative Declaration for three lot subdivision Ms. Zeff informed Commission staff has been receiving additional informa- tion all week on this application for tentative map, noting staff has not yet determined if the lots proposed meet the required Lot Unit Factor. Ms. Zeff referred to staff report dated September 22, 1988, informing Com- mission this is a public hearing to consider a request for approval of �Lentative map and negative declaration for three lot subdivision, noting staff recommends that the Commission seek the written concurrence of the subdivider to continue this item to allow time for staff and applicant to thoroughly review the size and slope of the entire parcel as now proposed to be subdivided, and of each of the three proposed lots or alternatively, if the written concurrence of the subdivider cannot be obtained, recommend to the City Council denial of the requested tentative map, based on the findings presented in the September 22, 1988 staff report. Ms. Zeff gave Commission a brief background on this subdivision request, and referred to sewer, water, access, lot sizes and slopes, net acreage,, average slope and lot unit factors, dedications and improvements required. The Public Hearing was then opened. Mrs. Carol Gottlieb, 24290 Summerhill Avenue, questioned how Commission could act on an application which takes two lots and now makes three without the proper notification process and a lot line adjustment, noting the need for thirty foot right-of-way. Mr. Paul Oxfelt, 12161 Hilltop Drive, noted concern over allowing lot sizes to decrease under the required 1 acre in order to obtain additional right-of-way, noting if they do not meet the requirements, it is not a subdividable parcel. Mrs. Karen Bella, 11921 Hilltop Drive, informed Commission she has no con- cerns over a subdivision of the property, but only if it meets the Town's awsubdivision requirements. Mr. Ron Bennett, 12100 Hilltop Drive, informed Commission he could not subdivide this property if a 60' right-of-way is required, asking what benefit is there is the total right-of-way is dedicated. Mr. Bennett in- formed Commission there is a sight distance problem on the property, noting he intends to grade down a sufficient amount of the property to mitigate this problem, and intends to install a 10' pathway. Mr. Wang, 12045 Hilltop Drive, informed Commission Mr. Bennett approached him to help with his subdivision, noting he would like to be as neighborly and friendly as possible to help Mr. Bennett obtain his subdivision ap- proval from the Town. The Public Hearing was then closed. Commissioner Patmore informed Commission because of the staff recommenda- tion for continuance in the staff report she did not make a site visit to the property, noting she is not comfortable taking action on this applica- tion this evening. Chairman Kaufman indicated that in granting conditional exception to the required right-of-way to allow the creation of two lots is not ap- propriate. Commissioner Noel added we just acted on Varsanyi application and did not take the required right-of-way, noting perhaps taking right-of-way on this `,application would be inappropriate. Mr. Ekern informed Commission the property has a 3.00 LUF, noting however, staff has not yet had an opportunity to review each individual lot. Ms. Zeff informed Commission she spoke with Mr. Bennett, noting he does not wish to give any more time extensions on the application and would like action taken this evening, recommending that the Commission make a recommendation to the City Council on the proposed subdivision. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Jones and passed unanimously to recommend to the City Council approval of the Nega- tive Declaration for the Lands of Bennett, File #TM 2-88, 12100 Hilltop Drive. MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Stutz and passed by the following roll call vote to recommend denial of the conditional ex- ception for road right-of-way dedication to the City Council on the Lands of Bennett, File #TM 2-88 ROLL CALL: AYES: Commissioners Carico, Emling, Noel, Patmore, Stutz and Chairman Kaufman NOES: Commissioner Jones MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Carico and passed L unanimously to recommend to the City Council denial of the tentative map for the Lands of Bennett, File #2-88, 12100 Hilltop Drive, based on find- ings as presented in the September 22, 1988 staff report Commissioner Patmore requested the City Council be informed that because of the recommendation in the staff report, one of the Planning Commis- sioners did not review the application, and if the City Council wishes to approve this subdivision, it should be returned to the Planning Commission for review prior to action being taken. Commissioner Carico indicated she does not wish to review the conditions of approval of the tentative map for the Lands of Bennett as the Commis- sion has recommended denial of the application, noting if the City Council wishes to approve the tentative map, then it should be returned to the Commission for recommendation. Commissioners discussed the need for additional condition to require the installation of drainage facilities along Hilltop Drive. 5. LANDS OF GAITHER, FILE #TM 7-88, 24837 Moody Road, Request for ap- proval of tentative map for three lot subdivision Ms. Zeff referred to Staff Report dated September 22, 1988 informing Com- mission this is a public hearing to consider a request for approval of A tentative map for a 3 lot subdivision, recommending that the Planning Com- mission: 1) Recommend that the City Council approve the Negative Declar- tion; 2) subject to the following conditions, recommend that the City Council approve the tentative map subject to the attached conditions of approval: a) prior to the City Council hearing on the tentative map, the applicant shall show the extent of the 100 year flood zone on the tenta- `,tive map; and b) prior to the City Council hearing on the tentative map, the applicant reconfigure lots 1 and 2 to provide access to lot 1 via a pandhandle to Francemont Avenue, so that all lots shall have direct access to Francemont Avenue, and there shall be no ingress/egress easements for any of the lots in the subdivision. The applicant shall further show that lots 1 and 2, after this reconfiguration, will each have a lot unit factor of at least 1. Commissioners were informed the applicant submitted a revised tentative map in the late afternoon prior to the hearing, staff did not have suffi- cient time for review of the new submittal. The Public Hearing was then opened. Mrs. Dot Schreiner and Mr. Bob Stutz, Pathway Commission, informed Commis- sion and applicant of their requested pathway easements, noting they have given the applicant 3 alternatives. Mrs. Jean Struthers, 13690 Robleda Road, concerned over no comments received from Santa Clara Valley Water District or Department of Fish & Game, referring to the need for restoration and preservation of the creek area. Mrs. Struthers referred to requirement of conservation easement as required for the Fawn Creek Subdivision - 25' on each side of creek. Ms. Zeff informed Commission staff is recommending 201. (` 40%7r. Steven Gaither, 628 Westridge Drive - Portola Valley, informed Commis- sion he spoke with Santa Clara Valley Water District earlier in the day, noting they are asking for additional cross sections for further review. Mr. Gaither informed Commission with regard to the staff report he had concerns over: panhandle, preferring common driveway, object to conserva- tion easement, suggesting it be the same location as the storm drainage easement, and noting concern over sewer requirements listed in conditions of approval, noting Mr. Alan Lambert should be responsible, and that he would probably apply for a variance to keep the garage on the property. Mr. Gaither informed Commission he does not intend to futher subdivide the property, and would very much like to have a swimming pool and pool house at the top. Commission and staff discussed building site location at top lot, noting the building does not have to occur within the 160, circle. Mr. Steve Bobricken, 25330 Moody Road, noted no objections to the lot at the top, adding the roadway has been there for about 20 years. The public hearing was then closed. Commissioners noted all the necessary information for acting on a tenta- tive map is not received (i.e., comments from Santa Clara Valley Water 7 District and Department of Fish & Game) therefore an adequate review and recommendation can not be made. Commissioners: 1) requested the Harvey & Stanley reports be made available for review; 2) questioned why areas over 30% were not dedicated to Open Space; 3) noted the importance of pathway easement to the Windmill Pasture; 4) noted need to restrict building on top lot, possibly to single story structure; 5) access to top lot; and 6) `„onservation easement at creek, noting it should be from centerline of creek and can be recorded and described as part of the final map. MOTION SECONDED AND CARRIED: Moved by Jones, seconded by Stutz and passed by the following roll call vote to recommend that the City Council approve the Negative Declaration with exception of building site area and road ac- cess to top lot. ROLL CALL: AYES: Commissioners Carico, Jones, Noel, Patmore, Stutz and Chairman Kaufman NOES: Commissioner Emling PASSED BY CONSENSUS: It was passed by consensus to continue public hear- ing for the Lands of Gaither, File #TM 7-88, 24837 Moody Road, to October 12, 1988 Planning Commission meeting with the applicant's concurrence to allow re -design to show access to upper lot and conservation easement. This item shall be placed first on public hearings for the 10/12/88 meet- ing. NEW BUSINESS: 1. Discussion of role taken by Environmental Design and Protection Com- mittee It was a consensus of the Commission that the input of the Environmental Design Committee at site development committee meetings was very helpful in respect to color, siting, landscaping, etc., noting a memo from the Chairman of the Commission to the City Council to request an update be made of the charges for the Committee be done. Commissioner Patmore will prepare a memo for the Chairman's signature and a memo also be prepared to the Committee from the Chairman indicating the commendation of the efforts on the part of the Committee at site development meetings. 2. Pathway Discussion Mr. Ekern informed Commission this item is going before the City Council at their next meeting, noting a sub -committee will be set up to address such issues as: time and place for dedications of pathway easements, etc., requesting this item be continued until after Council action. Staff and Commission discussed the availability of site development plans for Pathway Committee and Environmental Design Committee, commission re- quested maps be made available again for their use. Staff noted the plans are and have always been available at Town Hall prior to the date of site development hearings. 3. County of Santa Clara General Plan Conformance and Con- tiguity/Annexation Statement - Da Rocha N Ms. Zeff referred to September 22, 1988 staff report noting Mr. Da Rocha owns a 6.3 acre parcel of land on Ravensbury Avenue, adjacent to the City Limit, noting as the lot is within the Town's Urban Service Area, the County requires that the Town indicate whether or not the Town intends to require annexation prior to development on the lot, recommending that be- L.ause the zone change from argiculture would allow the lot to be devel- oped, and probably to be subdivided, staff recommends that the Town re- quest annexation of this land prior to any construction on the land or subdivision. Mr. Da Rocha, informed Commission he applied for Site Approval with the County and they have directed me to Los Altos Hills for a review and recommendation, noting his intention to subdivide the property into 2-3 lots. Commissioners discussed possible subdivdability of this parcel under the County's regulations and Town, noting it may not be possible. MOTION SECONDED AND CARRIED: Moved by Emling, seconded by Patmore and passed by the following roll call vote to propose annexation of the Lands of Da Rocha, Ravensbury Avenue, if he can build more than one residence on the subject property, if he can only build one residence, then �Ao not recommend annexation of the property. G. OLD BUSINESS: ADJOURNMENT: There being no further new or old business, the meeting was adjourned at 12:45 A.M. 4 L Respectfully submitted, Leslie Mullins Planning Technician