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HomeMy WebLinkAbout10/26/1988PLANNING COMMISSION MINUTES OF A REGULAR MEETING TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday, October 26, 1988 Reel 128, Side I, Track I, 181 -End; Side II, Track I, 000-568 Chairman Kaufman called the meeting to order at 7:35 p.m. in the Town Hall Council Chambers. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Carico, Emling, Noel, Patmore, Stutz and Chairman Kaufman Absent: Commissioner Jones Staff: Bill Ekern, Director of Public Works; Sally Lyn Zeff, Planning Director; Leslie Mullins, Planning Technician Aw CONSENT CALENDAR: Item Removed - B.1. (Patmore) MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Patmore and passed unanimously to defer the approval of minutes from October 12, 1988 to the November 9, 1988 Consent Calendar. Commissioner Patmore requested the minutes of September 28, 1988 be amended as follows: On page Five, sixth paragraph, to indicate that she had not reviewed the proposed conditions of approval for the Lands of Ben- nett as staff had recommended denial of the application. MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Stutz and passed unanimously to approve the minutes of September 28, 1988 as amended C. REPORT FROM CITY COUNCIL MEETING OCTOBER 19, 1988: The report from City Council meeting continued to the November 9, 1988 Agenda. D. REPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF OCTOBER 18 & 25. 1988: Chairman Kaufmans report from Site Development Committee meeting of Octo- ber 18, 1988 continued to November 9, 1988 Agenda. kwCommissioner Carico reported the Site Development Committee on October 25th approved swimming pool for Cookingham on Anacapa; approved swimming pool for Meadows on Arastradero Road; approved swimming pool, barn and corral for Madlem on Burke Road. k. E. PRESENTATIONS FROM THE FLOOR: F. PUBLIC HEARINGS: 1. LANDS OF GAITHER, FILE #TM 7-88, 24837 Moody Road, Continued consider- ation of request for approval of Tentative Map for proposed three lot subdivison Ms. Zeff informed Commission this is a continued public hearing to consid- er a three lot subdivision, noting the item was continued to allow the ap- plicant to propose a design for the panhandle access for Lot #1, and to the upper slopes of Lot #3• The Public Hearing was then re -opened. Mr. Steve Gaither, 628 Westridge Dr, Portola Valley, noted there are several areas of clarification in conditons of approval with regard to: a) conservation easement; b) pathway easements and c) wells, referring to his memo dated October 26, 1988 to Planning commission. Mr. Bob Stutz, Pathway Committee, referred to pathway committee request dated September 15, 1988, noting alternatives to Commission and applicant. Mrs. Carol Gottlieb, 24290 Summerhill Avenue, suggested that pathway re- quested could be similar to the one constructed on Baleri Ranch Subdivi- sion, noting path could be placed on property line side of creek. Mrs. Libby Lucas, 174 Yerba Santa, Los Altos, informed Commission she has talked with Dept. of Fish & Game with regard to this subdivison, noting they do not believe 25' is adequate, asking Commission to obtain a recom- mendation in writing from Dept. of Fish & Game prior to making decision on this application. Mr. John Vidovich, 1307 S. Mary Avenue, Sunnyvale, informed Commission the requirement for Quarry Project is 50' from center of creek. Commissioners questioned Mr. Gaither as to reasons for keeping existing pool on the property as it is not located near building sites. Commis- sioners discussed safety of bridge access and design with applicant and Director of Public Works. Mr. Ekern noted the applicant should construct adequate crossing of Adobe Creek on Francemont Road to be approved by the Town. Commissioners discussed ridgeline definition and siting of struc- tures for construction, noting there are no structures to be built on ridge top. Mr. Gaither informed Commission as the pool is an existing improvement, he thought perhaps a pool house could be constructed, and possibly be used as a community pool area, noting he is aware the siting is not close to building locations. Mr. Gaither indicated he had asked neighbors if they would be interested in community pool, noting he did not receive comments (( /one way or another. With regard to sewer connections, Mr. Gaither again noted he believes Mr. Alan Lambert should be contacted to resolve the ex- isting situation. -2- The Public Hearing was then closed and commission began review of condi- tions of approval. PASSED BY CONSENSUS: It was passed by consensus to revise condition #1 as follows: A Conservation Easement, as shown on Tentative Map above the 575 foot contour, shall be recorded with the Final Map. PASSED BY CONSENSUS: It was passed by consensus to revise condition #2 as follows: Applicant shall dedicate: a) a twenty foot (201) wide meandering path easement from the Lands of Los Altos Hills along the top of the southern bank of Adobe Creek to Francemont Avenue and install an adequate culvert and fill to accommodate the wet weather spring water flow near the easterly end; b) a path easement from Modoy Road over the bridge and along the westerly side of Francemont Avenue to the top of the bulb and install a Type IIB path with header boards south of the bridge over this approxi- mately 375 ft. Continue the path easement over the road to the 575 ft. contour turning westerly with a 20' wide path easement to the property line between the 575 & 600 ft. contours. Construct a native path within this approximately 100' to the satisfaction of the Pathway Committee and Town Staff, note: this 100' segment is to access the paths in the Lands of Bellucci; and c) If Lot #3 above the 700 ft. contour is not developed, dedicate a 20' wide meandering path easement over the existing driveway cut between the 575 & 700 ft. contours and thence up the ridge to Wind Mill Meadow of MPROSD, if this lot is developed, dedicate path easement over the driveway and construct a native path within a 20' wide meandering path easement around the building site to the ridge top to the satisfac- tion of the Pathway Committee and the Town's Engineering Staff. PASSED BY CONSENSUS: It was passed by consensus to revise condition #4 as follows: Francemont Avenue shall be dedicated to the Town of Los Altos Hills as a public street as shown on Tentative Map with a road right-of- way of fifty feet (50'), as far as the end of the proposed bulb shown on the Tentative Map. PASSED BY CONSENSUS: It was passed by consensus to add new condition #6 to read as follows: Easements for existing and proposed sewer and water lines shall be shown on Final Map. PASSED BY CONSENSUS: It was passed by consensus to amend existing condi- tion #6 to remove "prior to recordation of final map". PASSED BY CONSENSUS: It was passed by consensus to amend condition #9 to remove "Two". PASSED BY CONSENSUS: It was passed by consensus to add new condition #10 as follows: Fire protection shall be provided for all lots to the satis- faction of the Los Altos Fire Department. PASSED BY CONSENSUS: It was passed by consensus to amend existing condi- tion 10 as follows: All wells on the property shall be properly regis- [ tered with Santa Clarea Valley Water District and either maintained or abandoned in accordance with their standards. -3- kw PASSED BY CONSENSUS: It was passed by consensus to amend condition #14 as follows: change "The" to "All"...designs are... PASSED BY CONSENSUS: It was passed by consensus to add new condition #16 to read as follows: Applicant shall construct adequate crossing for Adobe Creek from Francemont Road to the satisfaction of the City Engineer. PASSED BY CONSENSUS: It was passed by consensus to amend existing condi- tion #16 as follows: change "Two" to "Three Feet". PASSED BY CONSENSUS: It was passed by consensus to add new condition #19 as follows: The feasibility of development for Lot #3 shall be reviewed and approved by Town Geologist. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Noel and passed unanimously by those members present to recommend approval to the City Council of the Lands of Gaither, File #TM 7-88, 24837 Moody Road for a three lot subdivision subject to conditions of approval as amended. 2. LANDS OF QUARRY HILLS, FILE #TM 1-87, Stonebrook Drive, Request for Certification of Environmental Impact Report, General Plan Amendment, Zoning Ordinance Amendment, Pre -Zoning and approval of Tentative Map for a 43 lot subdivision on 358 acre site Chairman Kaufman informed public, applicant and Commissioners first a pub- lic hearing will be held on the certificaton of the EIR, and following AV with public hearing for general plan amendment, zoning ordinance amend- ment, pre -zoning and tentative map approval, noting there is a chance that the Commission will not finish all the required reviews this evening and will need to set aside a date for the continuance of public hearing. Ms. Zeff referred to Staff Report dated October 20, 1988 informing Commis- sion this a a public hearing to consider a request for certification of EIR, general plan amendment, zoning ordinance amendment, pre -zoning and approval of a tentative map for a 43 -lot subdivision on a 358 -acre site, recommending that the Planning Commission: 1) recommend to the City Coun- cil that the Council certify the adequacy of the Environmental Impact Report prepared for the project and find that adequate mitigation measures for all significant environmental effects identified in the EIR have been incorporated into the project as discussed in Appendix A; 2) recommend to the City Council that the Council approve the proposed general plan amend- ment, changing the project site general plan designation such that pro- posed lots 1-24 and the proposed lake parcel would be designated Open Space Preserve (OSP) and proposed lots 25-43 would be designated residen- tial very low to low density (R(v-1)), as shown on Exhibit A; 3) recommend to the City Council that the Council approve the proposed zoning ordinance amendment, amending the Open Space Reserve (OSR) district zoning regula- tions and additing an open space conservation combining zoning district (- c) as proposed in Appendix C; 4) recommend to the City Council that the Council pre -zone the project site as Residential/Agriculture (R -A), and L Open Space Reserve (OSR) zoning and open space conservation combining �W zoning district (-c) consistent with the General Plan and the proposed general plan designations for the project site, as shown on Exhibit B; and 5) recommend to the City Council that the Council approve the requested -4- 4r tentative map, with changes in road right -o£ -way and lot and road design, based on the findings set forth on pages 13-14 of the October 20th staff report, subject to the attached conditions of approval. Ms. Zeff reviewed the project with regard to: project description; general plan designation, general plan amendment - consistency and implementation; pre -zoning and zoning ordinance amendments; environmental impact report; services (i.e., sewer, water, fire protection, access (roads, road grades and design, ac- cess to subdivision, emergency access, road right-of-way, improvements of existing roads), pathways, adequate building sites, lot sizes and slopes of lots, site suitability for proposed density of development; proposed conservation easements and open space easements; potential land uses other than very low density residential; subdivision design; and creek cross- ings). The Public Hearing was then opened on the Environmental Impact Report. Dr. Howard Martin, 11666 Dawson Drive, raised concerns over: 1) maintenance and preservation of environmental aspects in Hale Creek, referring to positive efforts being made by developer at this time, but noted concerns over how water is proportioned referring to state water rights; 2) proposed negative declaration is inappropriate for Reclamation Plan being considered by Santa Clara County; 3) description of project, asking how lonw is developer responsible for hazards, wildlife drownings, etc., in lake area; 4) wells within Hale Creek should be addressed. Mrs. Carol Kleyensteuber, 27109 Adonna Court, speaking for League of Woman Voters, with regard to diversion of headwaters of the north forks of both Hale and Permanente Creek in order to fill Meary Quarry, noting the League has a constitutional position to "protect the natural environment in areas of both water origin and water use and to reserve stream flows for pro- tection of fish and wildlife habitat", as it still has not be proven to the satisfaction of the state that this diversion is for beneficial use. Mrs. Kleyensteuber also informed Commission the San Francisco Bay Region Water Quality Control Board is conducting a source pollution study that has a water guage on Hale Creek as a pilot check point that would be af- fected by this diversion, further noting the recommended 100 foot riparian setback limit by Dept. of Fish & Game as mentioned in the EIR is not shown on plans. Mrs. Kleyensteuber further noted the League hopes the Town can structure this development process within safeguards that best preserve this lovely ridge and its watersheds. Mr. David Hansen, Midpeninsula Regional Open Space District, prepared a slide presentation of the Quarry and Ridgelines adjacent to the Open Space District, noting the District feels the mitigation measures listed in the EIR are inadequate, vague and defer many specific mitigation measures un- til later in the development process, as the project has significant im- pacts upon the visual quality of the major ridgeline of the property and the adjacent open space preserves, in addition fire protection, noise abatement, wildlife and vegetation protection all continue to the affected by the impending development. 1r Ms. Linda Elkind, Committee for Green Foothills, recommended that the Planning Commission not recommend certification of the EIR as complete, due to insufficient discussion of the cumulative effect and relationship -5- �r between the reclamation plan and the Quarry Hills Subdivision project, we claim that the EIR must discuss the cumulative effects of both projects on Hale Creek, the ground water level, the downstream residents wells and the water table and wells and flow along Permanente Creek. Ms. Elklnd also referred to ridgelines and development recommending structures be built a certain k of feet below the ridge, and noted concern over the steepness of some areas and liability. Mr. Mike Weiss, 24301 Elise Court, noted the EIR failed to review "No Pro- ject", noting concern over noise, dust, etc., adding 24 houses on ridge is a cheap price to pay to get rid of the Quarry. Ms, June Dresie, 29802 Olive Tree Lane, addressed commission over "black- mail" by the developer with regard to the development proposed on the ridgeline if not approved, then the Quarry will continue operation. Ms. Christine Cole, 23219 Ravensbury Avenue, questioned how many years are left for the Quarry operation, noting concerns over noise from vehicular traffic from the new residences, more congested traffic with not only the Quarry Subdivision but also McCulloch subdivision. Ms. Susan Smith, 23230 Ravensbury Avenue, noted the EIR does not deal with people in Los Altos, roads will need to be widened, trees will need to be removed to accomodate the roadways, etc. Mrs. Carol Gottlieb, 24290 Summerhill Avenue, noted the EIR does not ad- dress the icy road conditions which do occur in this valley and could be considered in police and fire protection. Ms. Linda Callen, representing John Vidovich on Environmental issues, noted major concerns involved with Hale Creek diversion matters, explain- ing Quarry and state laws which are under the jurisdiction of the County, noting we are currently proposing and completing EIR and negative declara- tion on that particular issue, indicating the negative declaration at- tached to the reclamation plan does have mitigation measures which were included in the staff report and added the County requires a biotic report. Ms. Callen noted in terms of open space district and EIR it does speak to ridgelines, and does propose mitigation measures, as does the staff report prepared by Sally Lyn Ze£f addressing the creek protection, viewshed mitigations. The Public Hearing was then closed. Commissioners questioned the process involved with the County over the reclamation plan as they understand they have no control over this portion of the application, but questioned the lake management plan and how it could be addressed in the EIR. Ms. Zeff informed Commission the Town is a commenting Agency on the reclamation plan and we do need to address the negative declaration, taw noting the lake management plan is an element of the reclamation plan. Mr. Donald Dean, EIP - consultant on EIR, informed Commission and public he sees the lake management plan as an on going process, not under CEQA or -6- 4r EIR, adding the conditions of approval for the Subdivision should address the lake management plan. Mr. Dean noted with regard to noise and views on the ridge, this is a subjective issue and the EIR does consider it sig- nificant, but not unmitigatable, adding reports have been prepared to noise standards. Dr. Mullen, Senior Biologist with EIP, informed Commission and public that the EIR must deal with facts, and cannot deal with environmental pos- sibilities which might occur, adding they have reviewed and addressed the Harvey & Stanley reports prepared, but cannot deal with the lake manage- ment plan as it has not been certified. The Planning Commission and EIP staff discussed mitigation measures as listed in the Final EIR, noting the Draft EIR and Final EIR are two work- ing documents to address issues together on the Quarry Hills project. It was noted the purpose of the EIR is to identify problems and suggest ways to mitigate and identify those which cannot be mitigated. Commissioner Patmore indicated she had several comments on the EIR, noting all impacts should be identified in the EIR and the need to review and revise the summary, asking if the Commission could request additional in- formation and ask City Council to place this request for further review by EIP on their next Agenda as an Urgency item. Commissioner Patmore noted major items which need further review: 1) geologic study; 2) visual im- pacts (approximately 22 acrs in a narrow corridor) adding she would like to see an accurate map showing what areas will be covered with devel- opemtn, and need for Dept. of Fish & Game comments on wildlife within this area; 3) lake management - good arguement to show what should be expected flows to be sure that Hale Creek will survive; 4) creek crossings (roads, paths and driveways); 5) mention of second units in EIR is not accurage; 6) loss of pathways is an impact; 7) police and fire response times; 8) sewers; 9) pathways; 10) liabilities; 11) effect of pesticides in creek. Commissioner Carico noted the City of Los Altos' comments are not thoroughly addressed in the EIR, and would like further review of Hale Creek and safety of roadways. Commissioner Emling concurred with Carico & Patmore, adding concern over the creek undergrounding within culvert within certain areas of the sub- division. Commissioner Stutz noted it is very difficult to not address the reclama- tion plan as part of the EIR on this property, as the lake itself will have a significant impact. Chairman Kaufman noted if the Commission agrees there is a need for fur- ther information to be provided by EIP on the EIR, we must ask the City Council amend the Contract with EIP. Mr. Donald Dean, EIP, informed Commission he is overwhelmed with questions i tonight and cannot answer as to when SIP can get comments back, adding he [ does know time is of the essence. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Carico and passed by the following roll call vote to request the City Council place `r on their next Agenda an Urgency item, a request for additional information on specific items discussed this evening during the public hearing on the EIR for Quarry Hills Development from EIP, so that the Commission may review and recommend on the EIR appropriately. ROLL CALL: AYES: Commissioners Carico, Emling, Noel, Patmore and Stutz NOES: Chairman Kaufman Commissioner Patmore was appointed to prepare a list of the additional in- formation requested by EIP. G. NEW BUSINESS: Commission and staff discussed the reclamation plan review by the County, noting the commission should send a representative to the public hearing at the County on November 23rd. Ms. Zeff added perhaps the Commission representative would like to meet with staff and address a letter to go to the County on the Negative Decla- ration for the Reclamation Plan, noting the end of the review period is November 10, 1988. H. OLD BUSINESS: 1. Commissioners requested Commissioner Carico's report on Brown Act be [. r placed on the November 23rd Agenda. �2. Commissioners questioned what resulted with the County review of the house on Moody Road. Ms. Zeff informed Commission she has received the conditions of approval from the County and will forward to Commissioners. I. ADJOURNMENT: There being no further new or old business, the meeting was adjourned at 12:10 A.M. V SE Leslie Mullins Planning Technician