Loading...
HomeMy WebLinkAbout11/23/1988` PLANNING COMMISSION MINUTES OF A REGULAR MEETING TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday, November 23, 1988 Reel 129, Tr. II, Sd. I, 000 -End; Tr. II, Sd. II, 000-450 Acting Chairman Emling called the meeting to order at 7:32 p.m. in the Town Hall Council Chambers. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Commissioners Carico, Emling, Jones, Noel, Patmore & Stutz Absent: Chairman Kaufman Staff: Bill Ekern, Director of Public Works; Sally Lyn Zeff, Planning Director; Leslie Mullins, Planning Technician; Sam Nash, City Engineer City Council Representative: Councilman Siegel B. REPORT FROM CITY COUNCIL MEETINGS OF NOVEMBER 10th & 16th, 1988: Commissioner Noel reported the City Council on November 10th continued consideration of General Plan; George Scarborough announced his resig- nation and Bill Ekern has been made Acting City Manager. Commissioner Emling reported the City Council on November 16th ap- proved Tentative Map for Lands of Gaither with pathway modification; Aymerich variance appeal upheld; discussed Hidden Villa proposed Use Permit to build new structure (200 sq.ft.), old pool & shed to be removed, noting comments from City Council will be addressed to the County; discussion by Dr. Martin regarding water from Hale Creek. C. REPORT FROM SITE DEVELOPMENT COMMITTEE MEETING OF NOVEMBER 15, 1988: Commissioner Patmore reported the Site Development Committee approved landscape plans for Munsey Development on Hillview and Summerhill; ap- proved landscape plan for Northwoods Properties on Middle Fork Lane; approved grading plan for Lisac Templeton Place; approved earth berms for Lotus property on Elena Road; approved new residence for Varsanyi on Mira Loma. D. PRESENTATIONS FROM THE FLOOR: E. PUBLIC HEARINGS: Commissioner Emling informed public and Commission the Lands of Planning Commission Minutes - November 23, 1988 Page Two Clausen has been removed from Agenda. 1. LANDS OF BELLDCCI, FILE STM 1-86, 26220 Moody Road, Request for recommendation of approval of Tentative Map and Negative Declara- tion for 11 lot subdivision Ms. Zeff referred to Staff Report dated November 18, 1988 informing Commission this is a public hearing to consider a negative declaration and tentative map for the subdivision of a 56.3 acre parcel into 11 lots. Ms. Zeff informed Commission this application was heard by the Commission on October 12, 1988, adding at that time the map as sub- mitted did not meet the standards of the Town in several ways and was recommended by Commission to the City Council that the applicant's consent be sought to continue the hearing back to the Commission to allow the applicant time to correct any problems, and to allow staff and Commission adequate time to review the corrected application, noting the Council followed the recommendation of the Commission, ad- ding the item is scheduled to be heard by the Council on December 7th to allow Commission time to review and make recommendation back to Council. Ms. Zeff noted staff believes that the map as now submitted meets the requirements and standards of the Town and recommends that the Commission: 1) Recommend to the City Council that the Council certify the Negative Declaration; and 2) Recommend to the City Council that the Council approve the requested tentative map subject to the conditions of approval attached to the November 18, 1988 staff report. Commissioner Stutz noted the Pathway Committee has a new recommenda- tion on this application. Commissioner Patmore questioned if the con- cerns of the Town Geologist have been met. Commissioners discussed right-of-way necessary for the bridge access, staff indicated it is recommended an additional 10' be taken, as there would be 10' from Bellucci and 10' from Gaither subdivisions. Commissioner Carico in- formed Commissioners she had met earlier in the week with Bill Kull, applicant's engineer and Paul Meyers, applicant's attorney, noting she believed a new map was to be submitted showing the major trees on the property. Commissioner Patmore added she was also included in this meeting. Commissioner Emling noted he also had met earlier with Bill Kull and Mr. Meyers and it proved to be very helpful in understanding this subdivision application. The Public Hearing was then opened. Mr. Paul Meyers, representing Mr. Bellucci informed Commission they have attempted to try to address all concerns raised by Commission at the last review and have prepared some additional information for Com- missoners review at this meeting, i.e., path map, tree mapping, etc. Mr. Bill Kull, Civil Engineer for Mr. Bellucci, informed Commission they basically agree with staff recommendation with exception to a couple of the conditions of approval: #12, asking if the wells can be registered or sealed; H15•b. should be "drop" not "draw"; H22 noted they have met with Pathway Committee and have re -written the descrip- tion of pathways requested, presenting Commission with new wording; N23 informed Commission there is no fuel storage system to be abandon- Planning Commission Minutes - November 23, 1988 Page Three ed; and#37 questioned if the applicant should pay these fees again, as he has in past had subdivision map on the subject property, asking Commission to recommend approval of the subject tentative map to the City Council. Mr. Bob Stutz, Pathway Committee, informed Commission recommendations made by the Committee were included in the packet, but were not a part of the recommended conditions of approval, further noting the condi- tions listed by the applicant this evening do not match what we pre- viously discussed, referring to recommendations by Pathway Committee dated September 15, 1988. Mr. Dave Bellucci, 26220 Moody Road, informed Commission there are 2 trails on the proeprty currently, noting one goes to the Midpeninsula Open Space District and the other goes 10' above water tanks and it contiguous to the Emling property and Town property, adding he has no objections to pathways and is willing to dedicate as said during other tentative map applications to give anything above the 600' contour. Ms. Zeff informed Commission the 575' contour is currently dedicated open/conservation/pedestrian easements, noting pathways should be clearly identified. Mr. Ekern noted the existing pedestrian/equestrian easement within the open space easement should be abandoned and a new easement re -written and re-recorded with final recorded map for this current subdivision. Commissioners, staff, pathway committee and applicant discussed exist- ing pathway locations and those recommended by committee. Mr. Tom McReynolds, 26045 Moody Road, informed Commission he has spoke with Mr. Paul Meyers regarding his water easement which crosses Bel- lucci property between proposed lots 3 & 4 has been resolved since he brought it up at the last Commission public hearing, noting he believes the situation will be resolved. Mr. McReynolds briefly de- scribed past actions involving pathway requests on this subject prop- erty. Commissioners and staff discussed the creek channel construction and maintenance, noting the design is to be approved by the Town, Santa Clara Valley Water District and Dept. of Fish & Game . The Public Hearing was then closed, and Commission began review of the conditions of approval. MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Noel and passed unanimously by those members present to recommend to the City Council that the Council certify the Negative Declaration for the Lands of Bellucci, File #TM 1-86 PASSED BY CONSENSUS: It was passed by consensus to amend Condition #1 to change "parameters" to "boundaries". MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Stutz and passed unanimously to add new Condition #7.a and 7.b.. as follows: Planning Commission Minutes - November 23, 1988 Page Four 7.a. The applicant shall dedicate a ten foot (101) wide pedestrian/equestrian easement along Moody Road at the north bound- aries of lots 4,5 and 6 and connect it to the existing ten foot (101) pedestrian/equestrian easement to the west. 7.b. All property south of the 575 contour as shown on the tentative map shall be dedicated as open space conservation easement and and pedestrian/equestrian ease- ment. MOTION SECONDED AND CARRIED: Moved by Jones, seconded by Carico and passed by the following roll call vote to add new condition # with regard to open space - conservation easement. ROLL CALL: AYES: Commissioner Carico, Emling, Jones and Noel NOES: Commissionres Patmore and Stutz ABSENT: Commissioner Kaufman PASSED BY CONSENSUS: It was passed by consensus to amend Condition #8, as follows: Provisions... to all lots,, including existing residence... PASSED BY CONSENSUS: It was passed by consensus to amend Condition #12 as follows: All wells on the property shall be registered or sealed... PASSED BY CONSENSUS: It was passed by consensus to amend Condition C( #15.b. to change "draw" to "drop". rr MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Jones and passed unanimously to amend Condition #22 as follows: The applicant shall install a Type IIB path within the road right-of-way of the new street and cul-de-sac. MOTION SECONDED AND CARRIED: Moved by Stutz, seconded by Noel and passed unanimously to add new condition #22.a. The applicant shall install a Type IIB construction off road along Moody Road. PASSED BY CONSENSUS: It was passed by consensus to amend Condition #23 by changing "The" to "Any". PASSED BY CONSENSUS: It was passed by consensus to add to Condition #25, regarding gravity drainage system shall be installed as de- scribed in Bill Kull's letter of October 5, 1988 and to be approved by the City Engineer and Town Geologist. PASSED BY CONSENSUS: It was passed by consensus to amend Condition #27 by changing "reflect" to "include". PASSED BY CONSENSUS: It was passed by consensus to amend Condition #30 as follows: Fifth sentence, A planting scenario illustration ...November 3, 1987 report shall be prepared. MOTION SECONDED AND FAILED: Moved by Carico and failed due to lack of second that all groves of trees as designated on Exhibit "C" be preserved. Planning Commission Minutes - November 23, 1988 Page Five L MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Noel and V passed unanimously to recommend to the City Council that the Council approve the Lands of Bellucci, File NTM 1-86, 26220 Moody Road, Tenta- tive Map for 11 lots subject to conditions of approval attached to the November 18, 1988 staff report and as amended. 2. LANDS OF ELMBERG, FILE NTM 12-84, Taaffe Road, Request for recom- mendation of approval of Conditional Exception on road right-of- way Mr. Ekern referred to Staff Report dated September 29, 1988 informing Commission it is the recommendation of staff that the request to modi- fy the conditions of approval of the tentative map be granted subject to conditions of approval listed in the staff report. Mr. Ekern noted staff believes that a 40' private road with a fully improved roadway surface will provide adequate safe access to the three lots in ques- tion. Mr. Ekern informed Commission the Fire Department has requested installation of a fire hydrant at the end of the private road. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Noel and passed by the following roll call vote to recommend approval of the conditional exception based on required findings as per Municipal Code Section 9-1.1501, for road right-of-way dedication, subject to condi- tions of approval as listed in the September 29, 1988 staff report and including new condition as follows: A fire hydrant shall be installed at the end of the private road to the satisfaction of the Fire Dis- trict. LANDS OF ESHNER, FILE NTM 8-88, 26410 Altamont Road, Request for recommendation of approval of Tentative Map and Negative Declara- tion for a four lot subdivision Ms. Zeff referred to Staff Report dated November 18, 1988 informing Commission this is a public hearing to consider a Negative Declaration and Tentative Map for the subdivision of a 16.19 acre parcel into four lots, recommending that the Commission: 1) Recommend to the City Coun- cil that the Council certify the Negative Declaration; and 2) Recom- mend to the City Council that the Council approve the the requested Tentative Map subject to conditions of approval as outlined in the No- vember 18th staff report. Ms. Zeff presented background of the sub- ject property, and discussed project description: sewers, water, ac- cess, environmental review, lot sizes and slopes. Mr. Ekern informed Commission he would like roadwday to be a con- tinuance of the Horton driveway, (public), and will reluctantly go along with private as indicated by applicant. The Public Hearing was then opened. Mr. Nowack, Civil Engineer, informed Commission he is in agreement `, with most of the staff report, with exception to: giving 30' half street dedication, noting they are willing to give an additional 10' Planning Commission Minutes - November 23, 1988 Page Six and the Daughters of Charity could give the other 101, noting they have drawn the map as a private road serving 4 lots with a 40' right- of-way, asking for a conditional exception for right-of-way. Mr. Nowack also noted #16 should reflect comments by Town Geologist to be 30'. Mr. Richard McGowan, Attorney for Eshner Estate, Juliette Lane, in- formed Commission of the background of this property, noting Ms. Julie Eshner will continue to live on the property and will have an electric gate for her own privacy. Mr. McGowan indicated the Conservation Easements mentioned in Condition #4 take up too much of the property, also noting they are restricted to not even plant within these areas. With regard to #5, this condition would prohibit building and thought it had already been abandoned. With regard to Condition #6, pathways connections already exist to the Quillici property on Juliette, noting he sees no need for continued pathways through this proposed subdivi- sion, due to privacy. Mr. McGowan noted all of the property is not to be sold off, noting it will remain under Ms. Eshner's Estate. Mrs. Dot Schreiner, Pathway Committee, informed Commission they have prepared a revised pathway easement request. Mr. Tom McReynolds, 26045 Moody Road, informed Commission he was in- volved with planning of pathways for 14 years in this Town, noting there is currently an existing pathway going up fire access road, noting perhaps rather than having pathways surrounding each individual property, that at the time of site development permits for the residences, the Committee could ask for pathway connections at that time. Mr. McReynolds noted one the proposed pathways is 17' from his bedroom and he noted objection to this request. Mr. Bob Stutz, Pathway Committee, noted we thought we were asking for a compromise to our earlier request. Commissioners questioned why the property is being subdivided if there is no intention of selling. Mr. McGowan noted Ms. Eshner plans to place Parcel "B" as open space, and place one house on Parcel "A", and fence the entire property for security. Commissioners noted concern over fencing of the property, and the re- quest for subdivision of Parcel "B" is not necessary, noting perhaps a three lot subdivision would be more appropriate. Commissioners and application discussed continuance of this item for clarification of the number of lots being requested. Mr. Leo Quillici, Juliette Lane, informed Commission Mr. and Mrs. Spohr could not attend this evening and would like to address all of our concerns: pathways will severely intrude on our privacy, noting this is our backyard, and noted concerns over safety and security, as- king Commission to not approve pathway request and keep pathways on traveled roadways. With regard to Conservation Easement, Mr. Quil- lici noted he would like easement to be retained on upper part of Par- Planning Commission Minutes - November 23, 1988 Page Seven cels "A" & "C", and questioned how much more could be subdivided on these parcels. Ms. Zeff informed Commission and public: Parcel "A": 2 lots; Parcel "C": 8 lots theorectically; and Parcel "D": 2. The Public Hearing was then closed. Commissioners discussed the proposed number of lots requested by ap- plicant and confusion by the applicant as to what he is required to subdivide and road right-of-ways (private and public roads). Mr. McGowan consulted Mr. Nowack and concurred to continuance of the tentative map for clarification on the number of lots being requested. MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Jones and passed unanimously to continue the Lands of Eshner, File #TM 8-88, to December 28, 1988 Planning Commission Meeting with the approval of the applicant. 4. LANDS OF CLAUSEN, FILE #TM 9-88, Voorhees and E1 Monte Roads, Re- quest for recommendation of approval of Tentative Map and Negative Declaration for a six lot subdivision Ms. Zeff informed Commission and public that this item is requested to be continued by the applicant. F. NEW BUSINESS: PASSED BY CONSENSUS: It was passed by consensus that the Staff Reports when double sided be copied to read like "book style". G. OLD BUSINESS: 1. Discussion Reclamation Plan - Quarry Hills Commissioner Patmore asked if Commissioners have any other items for discussion prior to Wednesday nights public hearing. Commissioner Carico noted she thinks we need to wait until we know what we're deal- ing with. Commissioner Noel noted he feels we need to see the revised EIR. Ms. Zeff noted concern that the Commission seems to be saying let's hold off on acting on the project until we receive further in- formation on the EIR and reclamation plan, noting the City Council must act on the EIR by January 21st, unless the applicant gives a 90 day extension, and noted we must act on this application by middle of January. Mr. Ekern reminded Commission the reclamation plan is not germaine to the tentative map and noted the lead agency on the reclamation plan is the County, and outside of the control of the Town. Mr. Vidovich informed Commissioners he is willing to work with the Town to make a subdivision and reclamation plan which is desirable to the Town. 2. Ms. Zeff referred to Clayton Woods property within the County on Moody Road between Sherlock and Page Mill Roads, informing Commission this item is being appealed to the County by neighbors. P lanning Commission Minutes - November 23, 1988 Page Eight H. ADJOURNMENT: There being no further new or old business, this meeting was adjourned at 12:05 A.M. Respectfully submitted, Leslie Mullins Planning Technician �W