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