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HomeMy WebLinkAbout12/28/1988PLANNING COMMISSION MINUTES OF REGULAR MEETING TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday, December 28, 1988 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 Emling, Jones, Noel, Patmore, Stutz and Chairman Kaufman Absent: Commissioner Carico Staff: Bill Ekern, Public Works Director; Sally Lyn Zeff, Planning Commission; Sam Nash, Consulting Engineer B. CONSENT CALENDAR: 4W Commissioner Patmore requested the minutes of November 9, 1988 be amended as follows: On page one, first motion change, "Siegel" to "Patmore"; on page five, first paragraph, 10th sentence, change "mount" to "movement"; on page six, fourth paragrah, change "Siegel" to "Patmore"; on page nine, check if there were two motions and their wording. Commissioner Jones requested the minutes of November 14, 1988 be cor- rected on page two, first paragraph, to add: . indicated he toured the property on April 7, 1988 and noted he did not contribute to his campaign. Chairman Kaufman requested the minutes of November 14, 1988 be corrected on page two, second paragraph, twelvth sentence to change "X., to Commissioners requested the minutes of November 30th to include com- ments made on the Lake Maintenance District; roll call vote on last motion; and vote totals of Alternatives. Commissioner Patmore noted the staff report prepared by Ms. Zeff to the City Council on Quarry Hills did not relfect correctly Alternate N4 as reported in the minutes, asking that staff update report to Council. Commissioner Jones requested the minutes of December 8, 1988 be cor- rected on page two to revise motion as follows: That the Planning Commission recommends to the City Council that the revised staff report dated December 6, 1988 reflects the alternative which received the most votes at the meeting of November 30, 1988. Commissioner Patmore noted the staff report prepared by Ms. Zeff to the City Council on Quarry Hills did not reflect correctly Alternate N4 as reported in the minutes, asking that staff update the report to Council. Planning Commission Minutes - December 28, 1988 Page Two kw MOTION SECONDED AND CARRIED: Moved by Jones, seconded by Stutz and passed unanimously to approve the Consent Calendar, specifically: Minutes of November 9, 1988, November 14, 1988, November 30, 1988 and December 8, 1988 as amended. The minutes of December 14, 1988 will be placed on the January 11, 1989 Consent Calendar for approval. REPORT FROM CITY COUNCIL MEETING OF DECEMBER 20, 1988: Chairman Kaufman informed Commissioners this was the first of public hearings with the City Council on the Quarry Hills Development pro- ject, noting it was a full house, no decisions reached, public hearing continued. Mr. Ekern noted the next meeting is scheduled for January 91 1989, noting the item on the January 4th Agenda is a request from John Vidovich for City Council to consider: a) Resolution of applica- tion to LAFCO for change in 1) Urban Service Area Boundary and 2) An- nexation to Town of Los Altos Hills; b) Vesting Tentative Map; c) pro- cedures for appliction for development agreement (Development Agree- ment Ordinance); and d) Application for a development agreement for Quarry Hills (Development Agreement). D. REPORT FROM SITE DEVELOPMENT COMMITTEE MEETING OF DECEMBER 20, 1988: Commissioner Emling reported the Site Development Committee on Decem- ber 20th approved landscape plan for Charvez on O'Keefe; and continued t consideration of Kim/Chung on Robleda Road for Health Department ap- proval. Chairman Kaufman informed Commissioners there is an applicant here this evening to ask Commissioners for review and report of his application within the County, asking to place this item on the Agenda prior to Presentations from the Floor. Ms. Zeff informed Commission Mr. Scot Mitchell, has an application with Santa Clara County for proposed subdivi- sion on Berkshire Drive, noting this item was previously discussed by Com- mission on November 9, 1988. MOTION SECONDED AND CARRIED: Moved by Jones, seconded by Stutz and passed by the following roll call vote to add Lands of Mitchell as an Urgency Item. ROLL CALL: AYES: Commissioners Emling, Jones, Stutz and Chairman Kaufman NOES: Commissioners Noel & Patmore ABSENT: Commissioner Carico MOTION SECONDED AND CARRIED: Moved by Stutz, seconded by Emling and passed unanimously to hear the Lands of Mitchell prior to Presentations from the Floor and the Public Hearings. Mr. Scot Mitchell informed Commission he had thought the Commission al- ready made a decision to not annex this property and has proceeded with Tentative Map through the County. Commissioners noted the minutes of November 9, 1988 are not complete as to their action on this item, but do recall they did not intend to require annexation of this parcel. Planning Commission Minutes - December 28, 1988 Page Three MOTION SECONDED AND CARRIED: Moved by Stutz, seconded by Emling and passed by the following roll call vote to Not Annex the Lands of Mitchell, Berkshire Drive. ROLL CALL: AYES: Commissioners Emling, Jones, Stutz and Chairman Kaufman NOES: Commissioners Noel & Patmore ABSENT: Commissioner Carico E. PRESENTATIONS FROM THE FLOOR: PUBLIC HEARINGS: 1. LANDS OF ESHNER, FILE #TM 8-088, 26410 Altamont Road, Request for recommendation of approval of Tentative Map and Negative Declara- tion for three lot subdivision Ms. Zeff referred to Staff Report dated December 21, 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 3 lots with a remainder parcel. Ms. Zeff noted the parcel proposed to be subdivided was created as Lot #14 and Parcel #1 of Tract #4897, re- corded in 1970, on which a covenant was recorded that the land would not be further re -subdivided "except upon the express written approval of the Town given by Resolution of the City Council of the Town". Ms. Zeff noted since approval of a tentative map is by resolution of the City Council this application would not be inconsistent with the re- corded agreement. Ms. Zeff described the project description with regard to: lot acreages; sewer availability through Los Altos Sewer; Water service by Purissima Hills County Water District; Access: access to the remainder parcel will be from Altamont Road, access to parcels 1,2, and 3 would be from a private road leading of the public street known as Horton's driveway, the applicant is requestingta conditional exception to allow this private road serving 3 parcels have 40' right-of-way rather than the required 601; Environmental Review - a negative declaration has been prepared for this project; and lot sizes and slopes: net area, average slope, lot unit factor, maximum develop- ment and floor areas. Ms. Zeff recommended that the Planning Commis- sion request that the applicant re -design the subdivision to more ade- quately plan for future development of the land. If the Commission chooses to recommend to the City Council that the Council approved the requested tentative map, staff recommends that it be subject to con- ditions of approval attached to the December 21, 1988 staff report. The Public Hearing was then opened. Mr. Richard McGowan, representing Ms. Eshner, presented Commissioners with a copy of a Order of the Santa Clara County Superior Court ap- proving settlement agreement, accepting resignation of trustee, set- tling final account and report of administration; and court approved agreement for purchase and sale of real property, with co -trustees of the Jules Eshner and Margaret Harkins Eshner unitrust. Mr. McGowan informed Commission he has written a letter to the City Manager and City Attorney with regard to the Eshner Land Covenant Agreement, as we Planning Commission Minutes - December 28, 1988 Page Four are now asking for three lot subdivision with a remainder parcel. Mr. McGowan noted his applicant in anticipation of this hearing has prepared a new plan, asking if Commission could review and approve at this hearing. Commisssioners, staff and applicant discussed logical subdivision and configuration of the lot lines, possible change in lot lines between lots 2 & 3, road access beneficial to subdivision, agreement and need for clarification and opinion from City Attorney as to what the Town is bound to and what we can work with. With regard to new plan prepared by Nowack, Commissioners noted staff has not reviewed plan and Commissioners have not reviewed the plan, therefore action could not be taken on the new submittal. Mrs. Dot Schreiner, Pathway Committee, informed Commission and ap- plicant the Pathway Committee has modified the request since the last hearing. Mrs. Schreiner referred to the Town's General Plan - Recrea- tion and Path & Trail Elements with regard to path requests. Mr. Leo Quilici, 27350 Juliette Lane, with regard to pathway requests, Mr. Quilici noted concerns over safety, security and privacy. Mr. Quilici added he does not consider that his property is "Recreation Area", as referred to by Mrs. Schreiner, and feels that pathways are a benefit to the Town, but should run along roadways. 4W Mr. Tony Spohr, 27340 Juliette Lane, concurred with Mr. Quilici's statements. Mr. Terry Oldberg, 27250 Juliette Lane, informed Commission he is very much in favor of pathways within the community. Mr. Tom McReynolds, 26045 Moody Road, informed Commission he is strongly in favor of pathways, although there is a security problem with four wheel drivers and motocycles using some of the pathways, i.e., emergency access roads used as pathways, noting the need for barriers and enforcement. Commissioners commented they do not know of any burglaries caused by people using paths as they would tend to keep closer to roadways than travelling into the property too far off roads, noting pathway system is great for keeping children off the main roadways. The Public Hearing was then closed. MOTION SECONDED AND CARRIED: Moved by Noel, seconded by Jones and passed by the following roll call vote to continue (with applicant's cnsent) the Lands of Eshner, to public hearing on January 25, 1989, File #TM 8-88, 26410 Altamont Road, to allow applicant to re -design proposed subdivision. ROLL CALL: 46 (. AYES: Commissioners Emling, Jones, Noel, Patmore, Stutz r NOES: Chairman Kaufman ABSENT: Commissioner Carico Planning Commission Minutes December 28, 1988 Page Five kw 2. LANDS OF CLAUSEN, FILE #TM 9-88, Voorhees Drive and E1 Monte Road, Request for recommendation of approval of Tentative Map and Nega- tive Declaration for a six lot subdivision Ms. Zeff referred to Staff Report dated December 21, 1988 informing Commission this is a public hearing to consider a negative declaration and tentative map for the subdivision of a 7.84 acre parcel into 6 parcels for resisdential development. Ms. Zeff informed Commission this item was continued from the November 23, 1988 Commission meeting, and since that time the applicant's engineer has re -designed the sub- division and the noise mitigation measures to the satisfaction of staff. Ms. Zeff reviewed the subdivision with regard to: sewer availability from Los Altos Sewer Basin; water from California Water Service; access to the site is proposed by the applicant to be pro- vided by Voorhees Road, off of E1 Monte with a new cul-de-sac "Clausen Court", noting the traffic study for the project recommends a 32' paved roadway for a portion of Voorhees from El Monte to allow for a left turn and right turn lane, in addition the City Engineer recom- mends that St. Nicholas School be encouraged and assisted in taking access off an improved Voorhees Road rather than directly from El Monte Road; Fire Access - the applicant proposes a 20' emergency ac- cess easement from the end of Clausen Court to the end of Barley Hill Road; Environmental Rview - a negative declaration prepared for this project has been revised and is attached to the December 21, 1988 staff report, noting the most significant impact of the proect would be the exposure of residents of the subdivision to high noise levels from the freeway, noting the applicant has proposed a 10' sound wall as a measure to mitigate the impacts of noise; Lot sizes and slopes, maximum development and floor areas given for each proposed lot. Ms. Zeff recommended 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 aprpove the revised Tentative Map, based on the findings presented in the December 21, 1988 staff report and subject to the recommended conditions of approval. The Public Hearing was then opened. Mr. Paul Nowack, Engineer, informed Commission he concurs with staff report with exception to noise mitigations from I-280, asking if the mitigation measures could be established at the time of site develop- ment committee review with the residences. Commissioner Patmore indicated that she has several ideas on this and would like to bring up for discussion under conditions of approval review. Mr. Bill Owen, 24601 Voorhees Drive, informed Commission Voorhees Drive is maintained by property owners, and would prefer to keep the extra traffic off of Voorhees, or get road widened and dedicated as a public roadway. Mr. Owen questioned what is an emergency access ease- ment. Chairman Kaufman informed Mr. Owen the easement would be graveled and rolled and chained at each end to be used for emergency access use only. Ms. Zeff added the area where Voorhees crosses to this subdivision it is being requested to be public. Planning Commission Minutes - December 28, 1988 Page six Lei Mrs. Dot Schreiner, Pathway Committee, informed Commission and ap- plicant the pathway committee they have revised their recommendations. Mr. Dieter Kopal, 12530 Barley Hill Road, informed Commission he has no objections to this subdivision, asking Commission to recommend ap- proval of the tentative map to the City Council. Mr. Kopal noted that Barley Hill traffic uses his driveway as a turnaround, questioning if there would be a turnaround. Mr. Ekern informed Commission and Mr. Kopal there would be a bulb at the end of Barley Hill. Mr. Gene Ravizza and Mrs. Diane Ravizza, 24700 Voorhees Drive, ques- tioned if a traffic study was performed to review an increase traffic from Voorhees onto El Monte Road, suggesting perhaps through traffic should go Barley Hill Road rather than Voorhees. Mr. Ravizza also noted the stop light does not function properly. Ms. Zeff informed Commission and public that a traffic study has been prepared. Father Jack LaRoque informed Commission no one has contacted him with regard to combining access with school, noting concern over number of children that flow in and out of the school grounds, and noted the combining would cause delays to residents. The Public Hearing was then closed. Commissioners discussed building setbacks for proposed sites, noise mitigation measures to be conducted at site development process, noting a note on the Final Map indicating that specific noise mitiga- tions be made to require houses be built at 45 dbldn. At time of site development, noise mitigation measures shall be conducted to reduce below Town Standardss and to be verified on lots 1, 5 and 6; interior noise to 45 dbldn and verified. PASSED BY CONSENSUS: It was passed by consensus to add new condition #4 as follows: An Emergency Access and Pathway Easement shall be dedicated as shown on the Tentative Map, and the Final Map shall reflect these easements. PASSED BY CONSENSUS: It was passed by consensus to amend condition #7 as follows: Two fire hydrants shall be installed, and locations to be approved by the Los Altos Fire Department as per their letter of De- cember 27, 1988, and shall be shown on improvement plans. PASSED BY CONSENSUS: It was passed by consensus to amend condition #9 as follows: ..Voorhees Road "where the road runs through the sub- division to El Monte"... PASSED BY CONSENSUS: It was passed by consensus to add new condition #13 to read as follows: Design and construction of the Emergency Vehicle Access shall be approved by the Los Altos Fire Department and the Town. Planning Commission Minutes - December 28, 1988 Page Seven kwe PASSED BY CONSENSUS: It was passed by consensus to amend condition #13 as follows: Each of the following restrictions shall be set forth in the Declaration of Conditions, Covenants and Restrictions to be ex- ecuted and recorded by the Subdivider concurrently with the recording of the Final Map, and the form of which shall be aprpoved by the Town. No amendment of the Conditions, Covenants and Restrictions shall be made without the approval of the Town. a) The construction of houses on all lots must be such that interior noise levels do not exceed 45 db ldn. Noise measurements performed by a noise consultant chosen by the application and approved of by the Town and verifying that this has been accomplished shall be submitted to the Town for approval prior to issuance of Final Occupancy Permits. b) Noise mitigation measures shall be constructed on lots 1, 5 and 6 that reduce noise levels at the building site to Town Standards. Noise measurements performed by a noise consultant chosen by the ap- plicant and approved of by the Town and verifying that this has been accomplished shall be submitted to the Town for approval prior to the issuance of Final Occupancy Permits. PASSED BY CONSENSUS: It was passed by consensus to add new condition #20 as follows: If the eucalyptus trees currently lining Voorhees Drive are removed as a result of this subdivision, they are to be re- placed with trees approved by the Town. This planting is to be a por- tion of the improvement plans of the subdivision. MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Stutz and passed unanimously to recommend to the City Council that the Council certify the Negative Declaration; and recommend to the City Council that the Council approve the revised Tentative Map, Lands of Clausen, File #TM 9-88, Voorhees and E1 Monte Roads, based on revised findings presented at the December 28, 1988 meeting by Ms. Zeff and subject to the conditions of approval as amended. 3. LANDS OF FRAMPTON, FILE #TM 10-88, 11480 Magdalena Road, Request for recommendation of approval of Tentative Map and Negataive Dec- laration for four lot subdivision Ms. Zeff referred to Staff Report dated December 20, 1988 informing Commission this is a public hearing to consider a negative declaration and tentative map for the subdivision of a 5.05 acre parcel into 4 lots. Ms. Zeff informed Commission the project site is described as an historic site in the General Plan, noting the house was demolished last month, and the City Council required as a condition of issuing the demolition permit for the house, that a plaque noting the historic nature of the site be placed on the site. Ms. Zeff gave Commission project information relating to: sewer, water, access, environmental review, and lots sizes and slopes. Ms. Zeff recommended that the Com- mission: 1) recommended to the City Council that the Council certify kw the Negative Declaration; and 2) recommend to the City Council that the Council approve the requested Tentative Map subject to the condi- tions of approval attached to the December 20, 1988 staff report. Planning Commission Minutes - December 28, 1988 Page Eight Commissioners questioned status of pine trees on the property, can they be saved? The Public Hearing was then opened. Mr. Bill Kull, Giuliani & Kull - Engineers, informed Commission with regard to the Monterey Pine Trees, they are all shown on plans. Mr. Kull informed Commission they have no problems with staff report or conditions of approval recommended. Mr. Ekern informed Commission and applicant that Mr. Fowler (adjacent neighbor) would like a sewer easement to his property, noting if the easement is granted, some of the trees would need to be removed for construction. Mr. Kull added that if we do ask for sewer, then we would like to re- quest at sewer reimbursement agreement. Mr. Ekern noted at this time we are only asking for a 25' easement and not construction of the line. Mr. Fred Smith, 11460 Magdalena Road, noted concern over existing pine trees and their possible removal, noting they serve as a screen. Mr. Smith further added the trees and drainage ditch are not mapped cor- rectly. Mr. Smith questioned if lot #1 is taken up with earthquake 460 fault, does the allowed building square footage get reduced. Staff informed Commission and Mr. Smith the development and floor areas for the lot are based on the total net acreage of the lots. Mr. Catton, 11310 Magdalena Road, noted concerns over: serious water problems; trees already been removed with demolition of house; need for retaining wall due to cul-de-sac location; and status of horse trail as shown on original master plan, asking if it will be upgraded; and questioned the name of the street, noting it should be named after Boyle the original owner of the property. Mr. Catton also noted con- cern over hours of construction and the amount of dust from trucks, etc. Mr. Catton also asked that the oak trees be preserved. Mrs. Dot Schreiner, Pathway Committee, informed Commission of the Pathway Committee's revised pathway recommendations. Staff informed Commission they recommend against any pathway which needs construction of a culvert within the Conservation Easement. The Public Hearing was then closed, and Commission began review of the Conditions of Approval. PASSED BY CONSENSUS: It was passed by consensus to add new condition #5 as follows: A storm drain easement shall be dedicated to the Town in the location shown on the Tentative Map on Lots #1 & 2. This storm %w, drain easement shall be 25' wide. The Final Map shall reflect this easement.. PASSED BY CONSENSUS: It was passed by consensus to add new condition #6 to read as follows: A sewer easement shall be dedicated along the Planning Commission Minutes - December 28, 1988 Page Nine 4W northeast property line of Lot #1, to connect to the adjacent Lands of Fowler, the final map shall reflect this easement. PASSED BY CONSENSUS: It was passed by consensus to add new condition #7 as follows: A 15' pathway easement shall be dedicated along the northwesterly boundary of Lot #3 from Magdalena Road. A 20' wide pathway easement shall be dedicated from the end of the 15' easement along the property line to connect with the existing 30' wide easement on the west side of the property at 25599 Fernhill Drive, the final map shall reflect these easements. PASSED BY CONSENSUS: It was passed by consensus to amend condition #14, as follows: Protect all trees with a circumference greater than 20" (at 4' above the ground)... PASSED BY CONSENSUS: It was passed by consensus to add new condition #17 as follows: A five foot wide native pathway shall be cleared along the alignment described in condition #7 above. The creek cross- ing for this pathway, if required, shall be approved by the Town of Los Altos Hills and, as applicable, by the SCVWD and the Department of Fish & Game. Improvements shall be completed prior to recordation of the Final Map, or a bond to the satisfaction of the Director of Public Works posted to ensure the completion of the required work prior to issuance of Site Development Permits. 4a, MOTION SECONDED AND CARRIED: Moved by Commissioner Noel, seconded by Stutz and passed unanimously to: 1) recommend to the City Council that the Council certify the Negataive Declaration; and 2) recommend to the City Council that the Council approve the Tentative Map, Lands of Frampton, File #TM 10-88, 11480 Magdalena Road, for four lot subdivi- sion, subject to findings as presented in the December 20, 1988 staff report and subject to conditions of approval as amended. 4. LANDS OF YELTON, FILE #VAR 22-88, 14100 berry Hill Lane, rEquest for approval of Variance and Site Development Permit for new residence This item was requested by the applicant to be continued to January 11, 1989 Planning Commission Agenda. NEW BUSINESS: 1. LANDS OF WEISS, 12541 Corbetta Lane, Request for interpretation of Floor Area Ms. Zeff referred to Staff Report dated December 21, 1988 informing Commission the Weiss house currently exceeds the maximum floor area for the lot, and the applicant is proposing to convert the attic to living space, noting the attic does not have a finished floor, and un- der the zoning ordinance definition of floor area, only those portions of the attic where the distance from the top of the floor to the un- �r derside of the roof is 8' or more will count as floor area. Ms. zeff informed commission, that staff and applicant cannot come to an agree- ment on interpretation of this section of the ordinance, and therefore Planning Commission Minutes - December 28, 1988 Pag a Ten 4 requests the Planning Commission to determine that the proposed addi- tions would increase the amount of floor area in the house by the amount of floor area of the proposed addition, the dormers. Ms. Zeff noted staff believes that otherwise the intent of the ordinance will be violated by allowing the building to actually increase the bulk by the addition of the dormer areas, but considering that means a reduc- tion of floor area. Mr. Scott Cunningham, Scott Design Associates, informed Commission it is not floor area that we are over, but development area, handing out a diagram of the proposed addition area and existing residence for Commissioners review. Commissioners discussed applicants submittal, interpretation of or- dinance with this subject application, and it's affect on development and floor area. MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Jones and passed unanimously for the purposes of this application, Lands of Weiss, 12541 Corbetta Lane, the proposed application does not increase Floor Area. 2. Commissioner Emling questioned who is responsible for signal lights. Mr. Ekern informed Commissioners the Town has a contract with 4 Signal Maintenance for maintenance of the Town's signals. 3. Commissioners and Ms. Ze£f discussed briefly a new state law with regard to implementatin plans for any mitigation measures. H. OLD BUSINESS: I. ADJOURNMENT: There being no further new or old business, the meeting was adjourned at 1:10 A.M. Respectfully submitted, Leslie Mullins Planning Technician I