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HomeMy WebLinkAbout11/01/19884W PLANNING COMMISSION MINUTES OF AN ADJOURNED REGULAR MEETING TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Tuesday, November 1, 1988 Reel 1J Side II, Track I, 569 -End; Side I, Track II, 000-729 Chairman Kaufman called the meeting to order at 7:40 p.m. in the Town Hall Council Chambers. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Emling, Noel, Patmore, Stutz and Chairman Kaufman Absent: Commissioners Carico & Jones Staff: Bill Ekern, Director of Public Works; Sally Lyn Zeff, Planning Director; Leslie Mullins, Planning Technician B. PUBLIC HEARINGS: 1. LANDS OF QUARRY HILLS, FILE #TM 1-87, Stonebrook Drive, Continued pub- lic hearings from October 26, 1988 Planning Commission Meeting, for consideration of General Plan Amendment, Zoning Ordinnace Amendment, Pre -Zoning, and approval of Tentative Map for a 43 lot subdivision on 358 acre site Commissioner Patmore informed Commissioners she met with Mr. Vidovich once prior to the City Council election to discuss his proposed map, noting he did not contribute to her campaign. Ms. Zeff referred to staff report dated November 1, 1988 informing Commis- sion this is a continued public hearing to consider a request for certifi- cation of an Environmental Impact Report, General Plan Amendment, Zoning Ordinance Amendment, pre -zoning, and approval of a tentative map for a 43- lot subdivision on a 358 acre site, noting further discussions since the October 26th meeting have brought up the issue of whether the intensity of development in the area to be zoned open space reserve should be less than in the R -A zone, as well as the density of development. Ms. Zeff noted staff has performed a revised zoning ordinance amendment that would use formulas specific to the OSR zone to calculate MDA and MFA for lots within the zone. Mr. Dan Wendin, 19997 Stevens Creek - Cupertino, informed Commission he was one of the initial directors of the Midpeninsula Regional Open Space District and its first president, and also served on Los Altos City Coun- cil during their adoption of the current general plan. Mr. Wendin noted V the proposed project is inconsistent with the Los Altos Hills General Plan Planning Commission Minutes - November 1, 1988 Page Two in a major way and cannot be corrected with shuffling of map designations proposed by Town staff in their report dated October 20th on page 3• Mr. \r Wendin further noted the proposed zoning ordinance changes add to the problem by allowing primary dwelliings on per lot on lots no smaller than 10 acres and under County zoning applicable to this property is R20-160 and allows development on lots 20 to 160 acres depending on slope and ex- isting lot splits, noting the EIR assumes 18 lots would be allowed without applying the slope density formulas thereby the applicant would be allowed fewer lots under the County. With regard to upzoning, annexation and in- verse condemnation, Mr. Wendin noted the applicant has no inherent right to an increase in density or to annexation or general plan amendment of the scope required. Mr. Wendin noted he believes the Commission has at least two options that are fair to applicant which will preserve the ridge and permanents creek valley, and noted it is difficult for him to under- stand any threat by the applicant (if in fact he has made one) to continue the quarry operation if he cannot develop the ridge and valley, unless he abandons all development until the quarry ceases operation at some future date: option 1) annex the entire parcel and allow 19 lots in the quarry, levaing the balance as open space; or option 2) annex only the quarry and surrounding area allowing 19 lots, as the ridge and permanents creek val- ley are a treasure that should be kept as open space for future genera- tions, adding it would be sad to see this land lost, especially when its development represents a windfall to applicant and only a minor economic benefit to Los Altos Hills. Mr. John Vidovich, Applicant, referred to map for Planning Commission and public view, noting most of the homes will be visible from open space dis- trict property, referring to siting of structures, and application cur- rently under review with the County to reclaim the Quarry to a lake which we feel would be a benefit to the homes in the area. Mr. Vidovich noted the reason we are proposing development on 10 acre lots or more on the up- per areas is to comply with general plan, adding he has prepared a map which would show development if the property were to remain within the County for Commissioners review. Mr. Vidovich questioned why annexation of the property is not being considered along with the public hearings being held on this application. With regard to open space area, in the old high meadow stables area we have been thinking perhaps a home -owner type facilities could be constructed. Mr. Vidovich commented on staff recommended conditions of approval: #2 noting he does not see a benefit to connection; #6 noting he generally agrees except in areas where disturbed and would like to get a little closer and will present at next meeting an- other route; with regard to conservation easement, Mr. Vidovich noted it is shown differently on map than written in staff report; #8 noting he would like to be treated as everyone else would with an application on file with regard to fire requirements; #22 noting the reconstruction of Hale Creek is being processed through the County, noting the Department of Fish & Game are involved; #28 noted is redundant and is written more clearly in condition #39; #32 noted the serpentine in the land does not have asbestos; #37.1. noted this is a CC&R and seems to be very subjective (asking if it should not be by the Site Development Committee instead). Mr. Vidovich commented he did not receive the updated staff report until five minutes ago, and is not prepared to discuss this report at this time. 4W Commissioners discussed processing of the tentative map prior to annexa- tion procedures through the County. Commissioners and Mr. Vidovich dis- Planning Commission Minutes - November 1, 1988 Page Three cussed Hale and Permanente Creek diversions, noting the State of Califor- nia Department of Water Resources is the lead agency on this matter, and %W environmental review being conducted by Santa Clara County. Mr. Richard Frisbee, Planning Consultant for Vidovich, informed Commission they have designed a project which in working with the Town's ordinances and review of environmental aspects of the project through Mark Trembley (EIP), to keep development on the property within areas which would be the least disruptive. With regard to the 24 lots on ridge, Mr. Frisbee noted the lots are minimum 10 acres with a road meandering through with houses located on each side of the roadway, trying to keep the areas not as visual and clustered. Mr. Frisbee noted they have also looked into the different types of houses which could be located on the lots and added he is hear to answer any questions the Commission may have. Mr. Ry Smith, 23230 Ravensbury Avenue, representing RURAL a land preserva- tion group opposed to the annexation of the upper 300 acres portion of Quarry Hills Development, noting over 700 people have signed a petition requesting that this land not be developed so that steps may be taken to preserve this beautiful and irreplaceable land in its present natural state. Mr. Smith informed Commission the City Council of Los Altos has passed a resolution which stated their support for the efforts of the Mid - peninsula Regional Open Space District to acquire this land, asking if the Town of Los Altos Hills could also pass such a resolution. Mr. Smith noted concerns over the development of this property are: preservation of the visual beauty, fire danger, diversion of Hale Creek, ridgeline devel- opment and traffic problems. Mr. Tom Lynch, 25701 Lomita Linda, informed Commission the people who are signing this petition mentioned by Mr. Smith do not all live within the Town of Los Altos Hills, asking if the anyone has seen this petition yet? Mr. Lynch noted the concerns raised so far with regard to environmental issues related to this project are from citizens who have enjoyed the openness of this property over the years and their use of the property as an extension of their own backyards. Mr. Lynch noted the trucks leaving the quarry are obnoxious, adding the proposed project is very low density (less than 2% of the property) and believes this will be a benefit to the Town, asking the Commission to recommend approval of the project to the City Council. Mr. David Roos, 12390 Hill Way, noted he would like to see this property to remain open space. Mr. David Hansen, Midpeninsula Open Space District, requested the Commis- sion recommend denial of the tentative map to the City Council. Mr. Hansen noted the project EIR states the existing oak clusters would screen the houses, noting the map presented by applicant this evening does not show the houses near the oaks and also notes the light green areas are grass land but in fact it is chaparral. Mr. Craig Britton, Land Acquisition - Midpeninsula Open Space District, informed Commission in the past the District tried to negotiate with Mr. Neary to purchase property for open space noting he did not want to sell %y to a public agency; then negotiated with Perrett/Semas Developers noting Planning Commission Minutes - November 1, 1988 Page Four they did acquire some land but Perrett/Semas went backrupt; and now as of ,{ three years ago Mr. Neary sold the property to Mr. Vidovich for a reported �r 3 million, noting negotiations with Mr. Vidovich are stimied while he goes through the application process with either the Town or the County. Mr. Britton noted the District is interested in adding portion of this proper- ty to the San Antonio Preserve, but not interested in the Quarry area it- self. Mrs. Cindy Hettinger, 12372 Priscilla Lane, informed Commission she represents a non-profit boarding and riding school, and has discussed her plans with Mr. Vidovich, noting she would like to use the Quarry area fill in with dirt and run a boarding and riding school if at all possible. Ms. Christine Cole, Ravensbury Avenue, noted her main concerns are over trails; through access to Olive Tree and Ravensbury; and creek diversions mentioned earlier. Ms. Cole informed Commission the petition referred to early by Mr. Smith has been signed by people using the Open Space District Lands and felt they could easily receive 700 signatures from citizens who do live within the Town limits, asking Commission the deny the requested application. Dr. Howard Martin, 11666 Dawson Drive, informed Commission he believes the EIR does not meet CEQA requirements, and does not address creek diversion, compounding of water, pumping of wells, and existing wells along Hale creek. Mr. Leo Keegan, 10997 Stonebrook Drive, questioned what is the legal status of Stonebrook Drive in this area, noting he feels it is private and never accepted by the County. Dr. Peter Schubert, 24624 Olive Tree Lane, noted concern over the develop- ment of this property as the density of the development is higher within the Town limits rather than the County, noting difficulties due to steep- ness of the property, access, fire, open space area conflicts with general plan, asking Commission to recommend denial of the proposed project to the City Council. Ms. Libby Lucas, 174 Yerba Santa Los Altos, noted concerns over fault areas on the subject property according to League of Woman Voters and USGS; restoration of Hale Creek, need for setbacks from creek areas. Ms. Linda Elkind, Committee for Green Foothills, asked Commission to recommend denial of the subject applications, noting need for protections of ridges and viewshed. Mr. Smith, 23230 Ravensbury, informed Commission the petition he referred to earlier was addressed the City Council and did have more than 350 sig- natures from Town citizens. Mr. Stu Farwell, Los Altos Fire District, noted this property is charac- terized by high fire areas, indicating the response time would be 7-10 minutes, noting the ideal response time is 4-6 minutes. Mr. Farwell in- formed Commission the Fire Department recommends approval of the tentative tow map subject to conditions of approval as outlined in his memo of October 17. 1966. Planning Commission Minutes - November 1, 1988 Page Five Chairman Kaufman questioned what the fire departments recommendation is on brush removal and Ravensbury Avenue access. Mr. Farwell indicated 30- 1001, depending upon the steepness of the slope. With regard to Ravens - bury Avenue, Mr. Farwell noted there are times during the winter months where the emergency road is not useable and if in an extreme fire danger there is need for access for the equipment and get the citizens out, noting that Road "A" terminates at lots 6 & 7 shall be extended via a pub- lic road to Ravensbury Avenue. Mr. Farwell added the fire department has not reviewed the water systems yet, but are asking for review by the fire department as a condition. Mrs. Jean Struthers, 13690 Robleda Road, noted her objections to diversion of Permanente Creek to fill lake, and concerned over water being pumped from one water shed to another, noting the Town has always been against this idea. Mr. John Vidovich informed Commissioners and public for a point of in- formation only, that Chairman Kaufman also serves on the Los Altos Fire District. Mr. Vidovich indicated he believes his reclamation plan is a benefit to the Town, thereby eliminating the Quarry truck traffic, etc., and noted his subdivision is very low density and feels it complies with the Town's General Plan if annexed. Mrs. Barbara Littati, Northcrest Lane, questioned if the opening of Stonebrook thru to Magdalena is a fire department request, and noted she does not feel this application is the best solution for development of the Quarry. Chairman Kaufman informed Mrs. Littati the Stonebrook access is proposed for access by staff, not the fire department. Commissioners questioned if the Fire Department concurs with this request. Mr. Farwell indicated they concur. The Public Hearing was then closed. Commissioner Patmore indicated the Commission has asked the City Council to have additional information provided on the EIR, noting she would like to go through notes from public hearings and see if there are any further comments to be addressed, i.e., geotechnicial map (fault) prepared by USGS; and water from permanente creek and downstream impacts, moving water from one shed to another; downstream impact on wildlife and seasonal lake and cumulative impacts of reclamation plan. Mr. Mark Trembley, EIP - EIR Consultant, informed Commission Mr. William Cotton, Town Geologist has no comment on the Black Mountain Fault men- tioned previously, noting it is not classified as an active fault. Commissioners discussed ownership of Stonebrook Drive; earlier comments by Dr. Martin regarding condemnation of wells - noting City Attorney will need to be contacted for comments; and possible alternatives to un- dergrounding of Hale Creek. Mr. Ron Simpkins, Engineer for Vidovich, informed Commission with regard to Stonebrook Drive, the information he has received shows a 40' right -of - 14w way from Magdalena around the Quarry, which was offered for dedication Planning Commission Minutes - November 1, 1988 Page Six around the turn of the century, noting he is not sure it was ever ac- cepted, also commenting that Stonebrook Drive is not accessible currently %W as it is overgrown. With regard to Ravensbury, Mr. Simpkins noted it has a 60' right-of-way and can be used for emergency access. Ms. Zeff informed Commission the Mayor did not place the additional items request for EIR on the City Council Agenda, noting staff met with the Con- sultant earlier this evening to address some of the concerns raised by Commission at the last public hearing. Ms. Zeff indicated some of the items discussed can be addressed, and should have been included into the EIR, and other items will need further review which will require more money to be approved by the City Council. Commissioner Patmore noted she spoke with Mayor earlier, he indicated he asked the City Manager to discuss these issues with EIP. Chairman Kaufman informed Commission, the following is the order of busi- ness for this project: 1) General Plan Amendment; 2) Zoning Ordinance Amendments - noting applicant and Commissioners have not had time to review latest proposal by staff; and 3) review of Tentative Map. Chairman Kaufman noted there is additional information needed on the EIR, Commis- sioners need more time to review the latest proposed zoning ordinance amendments, recommending that this meeting be continued. PASSED BY CONSENSUS: It was passed by consensus to continue the Lands of Quarry Hills to November 149 1988 at 6:30 p.m. ADJOURNMENT: This meeting was continued at 10:35 P.m. to November 14, 1988 at 6:30 P.M. Respectfully submitted, Leslie Mullins Planning Technician V