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HomeMy WebLinkAbout10/13/1993Minutes of a Regular Meeting Town of Los Altos Hills PLANNING COMMISSION Council Tc Cas: October 13,1993, 7:00 P.M. nbers, 26379 Fremont Road 1. ROLL CALL AND PLEDGE OF ALLEGIANCE The Planning Commission meeting was called to order at 7:05 p.m. in the Council Chambers at Town Hall. Present: Chairman Comiso and Commissioners Cheng, Ellinger (arrived at 7:28), Stutz, Takamoto Absent: Commissioners Schreiner, Simmu Staff: Linda Niles, Town Planner; Jeff Peterson, City Engineer; Suzanne Davis, Assistant Planner 2. PRESENTATIONS FROM THE FLOOR None 3. CONSENT CALENDAR None 4. REPORT FROM THE CITY COUNCIL MEETING OF OCTOBER 6.1993 Linda Niles reported Commissioner Sinunu sent a written report for distribution to the Planning Commission. He was unable to attend the Planning Commission meeting to present the report as he is recovering from a serious injury and subsequent surgery. The Town had sent Flowers and a card. Chairman Comiso reported that Rosemary Meyerott, the Town Historian is recovering from a stroke and wished her a rapid recovery. t 5. PUBLIC HEARINGS V Planning Commission Minutes October 13, 1993 Page 2 5.1 LANDS OF JABBOUR, 24704 Voorhees Drive: A request for a Site Development Permit for a New Residence, Pool, and Tennis Court (continued from September 29, 1993). Staff had nothing further to add to the Staff Report. OPENED PUBLIC HEARING Mark Robinson, architect representing the applicant, referred to Page 2 of the Staff Report to clarify the pad elevation proposed is 319 ft./320.5 ft., a revision from the 325 ft./327 ft. shown on the previous plans. They had shifted the house 25 feet down hill, which dropped the pad elevation about four feet and brought down the ridge line of the house. A sight line taken from the second floor of the house above shows there is an 11 foot view above the proposed ridge of the house. There will still be a view over the house under construction on the property below the subject property. Chairman Comiso noted the sight section provided by the applicant was informative and might be valuable to include a sight section on any future projects that may have line -of -sight issues with neighboring properties. 4 CLOSED PUBLIC HEARING Commissioner Takamoto disclosed he had visited the site, and although he missed the previous meeting at which this item was discussed he had listened to the tapes of the meeting. He noted the proposed solution addressed a number of concerns. Even from the first floor of the uphill property there is a view over the rooftop of the proposed residence. In response to a question from Chairman Comiso, Mr. Robinson noted the staff recommended conditions of approval were acceptable. MOTION SECONDED AND PASSED: Motion by Commissioner Cheng and seconded by Commissioner Takamoto to approve the Site Development Permit for a New Residence, Pool, and Tennis Court with the staff recommended conditions. AYES: Chairman Comiso and Commissioners Cheng, Ellinger, Stutz, Takamoto NOES: None ABSENT: Commissioners Schreiner, Sinunu v Planning Commission Minutes October 13,1993 Page 3 6 5.2 LANDS OF YANEZ, 26879 Moody Road: A request for a New Residence (continued from September 8 and 22,1993). Staff had nothing further to add to the Staff Report. OPENED PUBLIC HEARING Luis Yanez, 1082 Eastwood Court, Los Altos, applicant, thanked staff for fairly portraying the complexities of the proposed project. He pointed out the subject property does not include issues of hillside/ridge line, does not contain hazards common in hillside development, and the building pad location is on bedrock. Mr. Yanez referred to the Staff Report to clarify regarding the basement floor area calculation policy that the City Council had changed the interpretation on March 3, 1993, that he had actually submitted this project in 1992, and that the proposed project would fully conform to the requirements in effect prior to March 3. Commissioner Takamoto inquired whether the Yanezes had looked into subdividing the property. Mr. Yanez noted they would consider deeding the property to open space. Ms. Niles clarified that if the property was a private conservation easement, the area would still be counted into the slope density calculations as on other similar 4W properties in the Town. Chairman Comiso noted that in excess of 60% of the properties coming before the Commission for consideration have very steep topography. She had spoken with former Planning Commissioners about their understanding when the slope density formula went into effect that having more land would never decrease the allowable development on the property. However, as this is the case on many other properties in Town, making findings based on the uniqueness of the property is a problem. Mr. Yanez noted that he felt it was a flaw of the slope density formula that when a slope in the area of 40% is involved, the calculation assumes that the slope is across the entire property, rather than an average of a gently sloping portion and a steeply sloping area. It is important to evaluate the topography of each site. In response to a question from Chairman Comiso, Linda Niles noted there is a timeline for activity on the proposed project in the Planning file. The Yanez's home burned in March, 1992. In November, 1992 the applicant submitted a proposal for Planning Department review, however it was incomplete and did not include a soils report. Even as late as March, 1993, the Planning Department had not received plans that met Town standards for counting floor area before or after the change in policy. Ms. Niles clarified the applicant's engineer originally submitted a topography map showing the grading for the house and there was a delay in getting the extrapolated map showing natural grade used for this submittal. Planning Commission Minutes October 13, 1993 Page 4 4 CLOSED PUBLIC HEARING Commissioner Ellinger noted he lived in an area with larger than usual lots, some containing open space easements. The MDA/MFA requirements are the same for every lot in Town. The Commission is not evaluating the ordinance, and whether or not they agree with it they are not able to set it aside except where there are exceptional circumstances associated with the property. Chairman Comiso noted that because she is aware people can get caught in the planning process she looked at making finds for changes in the requirement during the lengthy processing time. The City Council made it clear to the Planning Commission that all projects coming before the Commission prior to approval of the current polity were to be evaluated under the old requirements, and any subsequent projects under the new policy. In response to a question from Commissioner Takamoto, Linda Niles clarified that the Planning Department did not receive a plan that met the old interpretation until after Council had changed the policy. She also clarified that the current project would not have met the previous requirements for counting floor area because the retaining wall was removed. The plan with the retaining wall would have met the standards. Commissioner Takamoto noted that if it was true that with a retaining wall the project would have been allowed prior to March, 1993 then there are grounds for a variance. The home being burned constitutes a hardship. The applicant was in the process when the interpretation changed. Also, the property is hidden, and there is no influence on other properties. MOTION SECONDED AND PASSED: Motion by Commissioner Ellinger and seconded by Commissioner Stutz to deny the request for a Site Development Permit for a New Residence as submitted. AYES: Chairman Comiso and Commissioners Ellinger, Stutz NOES: Commissioners Cheng, Takamoto ABSENT: Commissioners Schreiner, Sinunu Mr. Yanez expressed his objections to the Commission's action. Commissioner Ellinger suggested that it would be worthwhile for staff to prepare calculations for two typical properties in Town, one representing a site with a steeply sloping portion and a flat area and another with a more constant slope, both averaging 40% slope. There may be instances where the Town wants to allow for this kind of situation. Planning Commission Minutes October 13,1993 Page 5 4 5.3 LANDS OF WONG, 28368 Christophers Lane: A request for a Site Development Permit for a Second Story Addition. Chairman Comiso referred to Staff Recommended Condition of Approval #1 and suggested simplification of the condition to refer to the 133 square feet of allowed floor area remaining on the property rather than enclosure of the screened porch in particular. In response to a question from Commissioner Ellinger, Suzanne Davis clarified that the screened porch is counted as development area and constitutes several hundred square feet. This gets into a gray area in counting floor area as well as development area because the patio area is roofed and screened -in but the walls are not solid. OPENED PUBLIC HEARING Bob Schwenke, 595 Park Avenue, San Jose, representing the applicant, noted they accepted the staff recommended conditions of approval. In response to a question from Commissioner Ellinger, Mr. Schwenke clarified that a deed restriction referencing the remaining floor area was acceptable. The Commission discussed Condition #1. CLOSED PUBLIC HEARING MOTION SECONDED AND PASSED: Motion by Commissioner Stutz and seconded by Commissioner Takamoto to approve the Site Development Permit for a Major Addition with staff recommended conditions and the following Condition #13: 13. It shall be noted that there is very little floor area remaining on this property (133 square feet of floor area remaining of the Maximum Floor Area of 5,718 square feet allowed). AYES: Chairman Comiso and Commissioners Cheng, Ellinger, Stutz, Takamoto NOES: None ABSENT: Commissioners Schreiner, Sinunu MOTION: Motion by Chairman Comiso, agreed by consensus to move Item 5.5 LANDS OF ARDEN to precede Item 5.4 LANDS OF THE TOWN OF LOS ALTOS HILLS. 4 4 Planning Commission Minutes October 13, 1993 Page 6 5.5 LANDS OF ARDEN, 24911 Prospect Avenue: A request for a Site Development Permit for a Major Addition and Remodel. Linda Niles introduced this item, noting the applicant proposes to cantilever a portion of the house over the human habitation setback line, to a maximum of 6 - 7 feet in one area. The Town Geotechnical Consultant agreed with the applicant's consultant that the house could safely be constructed to cantilever over the human habitation setback. Staff has recommended the project comply with Town policy, which requires a 25 foot human habitation setback. The Commission may wish to consider whether there is adequate information to allow the proposed project, as conditioned to be reviewed and approved by the Town Geotechnical Consultant. In addition, Ms. Niles noted staff recommended requirement of dedication of a 10 foot right-of-way. This was initially overlooked by the Engineering Consultant and noted by the Town Engineer at the end of the previous week. There are only three other properties on Prospect Avenue that do not have an offer of dedication. This results in the need for a variance to exceed the maximum development area. The calculations have not yet been completed but it appears this will be a minor amount that would fall within the category of administrative variance. Due to the constraints on the lot, the human habitation setback line and the significant amount of dedication that needs to be made, Ms. Niles felt staff could make the findings for the administrative variance. In response to a question from Chairman Comiso, Ms. Niles clarified that the project as submitted did fall within the maximum development area prior to recognition of the need for dedication. Jeff Peterson discussed the geotechnical review process and Town policy regarding the 25 foot human habitation setback. OPENED PUBLIC HEARING Michelle Belden, 171 Forest Avenue, Palo Alto, architect representing the applicant, distributed a letter in response to the requirement for dedication and staff's recommendation regarding the 25 foot human habitation setback requirement, and their geotechnical and soils engineers response to staff's comments. The Town Planning Consultant had notified them of the need for geotechnical review, but the Town policy regarding the human habitation setback was not clear. Their geologist's reports indicated that it was acceptable to build up to 20 feet, and the Town Geotechnical concurred that this was acceptable. Ms. Belden clarified that they had moved and redesigned the addition forward once they understood locating building the addition within 20 feet was acceptable. She expressed concern that these issues would delay the project. Planning Commission Minutes October 13, 1993 Page 7 Commissioner Ellinger requested information on what was being done to engineer safer than ordinary construction. Ms. Belden responded that typically the engineer will proceed with the structural details once planning approval is obtained. The Engineer will then have to design the structure to fulfill his own professional and legal obligations as well as the Town requirements. Morton Ball, 171 Forest Avenue, project architect, noted that their geotechnical consultant did other work in Los Altos Hills and was aware of the 25 foot human habitation setback, but they felt that if there were special findings it might be possible to locate construction closer to the fault area. He clarified that both the geotechnical engineer and soils engineered had reviewed the proposed project, and that he had contacted their structural engineer to determine that the proposed project was feasible. Jeff Peterson noted the City Council was looking at setbacks in general as the Town received an application to put a non -habitable structure within the fault setback. Council directed staff to meet with William Cotton and Associates, the Town Geotechnical Consultant, which they had done that morning, and bring back recommendations for Council discussion. (P Commissioner Stutz suggested turning the variance portion of the project over to 4r staff at this point. Morton Ball clarified that the road easement was not a critical issue, as they can accommodate for now by removing pavement and perhaps returning for a variance later. CLOSED PUBLIC HEARING The Commission discussed Town policy regarding human habitation setbacks, safety, engineering requirements, and conditions of approval. Chairman Comiso noted the Commission, as a recommending body to the City Council, should discuss recommending change to a policy that has been in effect if the Commission agrees a situation warrants this consideration. Commissioner Stutz observed requests for cantilevering were rare and it can be a very attractive feature. She noted that when a geologist is hired for professional solutions, it is practical to follow his recommendations. MOTION SECONDED AND PASSED: Motion by Commissioner Stutz and seconded by Commissioner Ettinger to approve the Site Development Permit for a Major Addition with staff recommended conditions and the following Conditions 1 and 13: In u Planning Commission Minutes October 13, 1993 Page 8 1. Revised plans shall be submitted to the Planning Department for approval prior to submittal of construction drawings to the Building Department. No portion of the structure may encroach into the 25 foot fault setback, except for those cantilevered portions of the building shown on the plan received by the Town on October 6, 1993 that are within the 20 foot setback and those specific foundation elements that are built up to the 20 foot setback and supported by the Town Geotechnical Consultant's (William Cotton and Associates) and applicant's consultant's (Baker) recommendations. 13. The project is required to dedicate ten (10) feet of additional road right-of- way on Prospect Avenue. The maximum development area and maximum floor area shall be re -reviewed for conformance with the allowed MDA and MFA after dedication. AYES: Chairman Comiso and Commissioners Cheng, Ellinger, Stutz, Takamoto NOES: None ABSENT: Commissioners Schreiner, Sinunu 5.4 LANDS OF TOWN OF LOS ALTOS HILLS, Purissima Road & Viscaino Road: A request for a Site Development Permit, Conditional Use Permit, and Conditional Use Permit Modification, and for Certification of a Negative Declaration for a Cellular Radio/Telephone Facility on Town Property, and a Tentative Map for a Merger of Town owned land (continued from September 8,1993). Jeff Peterson introduced this item, noting a revised parcel map was distributed to the Commission that more clearly shows the two parcels (as shown by the grant deeds that conveyed the property to the Town) being merged. Four super -imposed parcels are in the background to show the removal of old remainder lot lines between parcels 41, 42, 43, 44 to clarify the records. Commissioner Stutz suggested moving the proposed Cellular One building back to the 30 foot rear setback line as it is currently very difficult to back around and this would allow more room for a T-shaped turnaround. The Commission agreed to divide consideration of this item into: 1) Certification of the Negative Declaration; 2) Lot Merger; 3) CUP Modification, CUP, Site Development Permit. OPENED PUBLIC HEARING FOR NEGATIVE DECLARATION A. Richard Jones, 12660 La Cresta Drive, noted concerns regarding radiological safety and requested the Commission make sure adequate mitigation is in place as 4 Planning Commission Minutes October 13, 1993 Page 9 the Negative Declaration identifies this as a possible side effect. The report does not compare the safety to the allowable levels for microwave ovens and there is no ongoing program of radiological monitoring. He referred to #17a and 17b in the Initial Study, both marked'maybe.' Mike Mangiantini, representing Cellular One, noted the Initial Study was prepared prior to the report by Hammett & Edison. The classification staff made might not take into account the findings they submitted. These show that the exposure levels are less than 100,000 times less than the applicable safety standards. Given the low level of radiation, it is unnecessary to have the monitoring suggested. Ms. Niles confirmed that the Negative Declaration did not address the new report and it would be appropriate to add the new findings to the Initial Study. The report contains more information more clearly showing minimal impact on surrounding properties. She also clarified that due to a copying oversight, the Planning Commission packet did not include all of the information of the negative declaration addressing the'maybe' and'no' answers. Mr. Jones noted the letter does not reference the U.S. Bureau of Health standard for microwave radiation leakage, the standards they are supposed to adhere to. Chairman Comiso noted concerns for public safety as the facility will radiate 24 hours a day, rather than the hour or two microwave ovens are typically used. And suggested it was important to know whether the standards were the same for children as for adults given the current uses of the site. Commissioner Takamoto noted this wasn't the first antenna to go up, asking whether others have asked for written verification. Mr. Mangiantini noted reports similar to the submitted report from Hammett & Edison have been requested, and they all conclude that the exposure levels are extremely low. There have been a few cases where they have gone to the site after it has been activated and measured the signal from the site. They show the exposure levels are in fact lower than what is calculated in these reports because worst case scenarios are used in the reports. Sites usually operate at about 10% of capacity. They have sent scientists out to test, and find they can't pick up the signal because it is so small. Commissioner Stutz suggested the possibility of yearly testing. Ms. Niles responded that it would not be inappropriate to require periodic reports. The company will be checking the facility at least once or twice a month. They make certain the facility is operating within the standards because they are concerned about the community, about their employees, and about the facility. L CLOSED PUBLIC HEARING FOR NEGATIVE DECLARATION Planning Commission Minutes October 13, 1993 Page 10 Commissioner Ellinger reported he contacted the Surgeon General's office, CTIA, the FCC, and received a report from NSIA. In general the response was that this was an issue that they had already gotten past. In terms of actual health hazards, the attitude of the Surgeon General's office was actually a sort of 'no news is good news they had never seen a problem' response. The radiation level for the facility was so far down in radiation level that the liver of a person wearing a Walkman around his waist would receive more radiation than would an individual standing out on the playing field next to the transmitter for months. He was satisfied that the people charged with doing epidimiologic studies have concluded that it's safe. The industry report quoted the same standards that he obtained in his research. He was satisfied with the information presented and that it was a complete report. In regard to monitoring, he did learn that if the facility started transmitting at a power level significantly higher than neighboring cells, it causes interference and the system doesn't work well. Chairman Comiso suggested some additional monitoring to satisfy those who will question the Commission's knowledge of the safety of the facility. MOTION SECONDED AND PASSED: Motion by Chairman Comiso and seconded by Commissioner Stutz to recommend certification of the Negative Declaration with the following conditions: 1. Measurements of exposure conditions shall be taken on facility installation, after one (1) year, and after two (2) years. 2. Measurements of exposure conditions shall be taken upon any changes in the industry standard. AYES: Chairman Comiso and Commissioners Cheng, Ellinger, Stutz, Takamoto NOES: None ABSENT: Commissioners Schreiner, Simmu OPENED PUBLIC HEARING FOR LOT MERGER CLOSED PUBLIC HEARING FOR LOT MERGER MOTION SECONDED AND PASSED: Motion by Commissioner Cheng and seconded by Commissioner Ellinger to recommend approval of the Lot Merger. AYES: Chairman Comiso and Commissioners Cheng, Ellinger, Stutz, Takamoto NOES: None ABSENT: Commissioners Schreiner, Sinunu 4 C9 Planning Commission Minutes October 13, 1993 Page 11 OPENED PUBLIC HEARING FOR CUP The Commission discussed Staff Recommended Condition #10 regarding the length of time proposed for the approval to remain in effect. Mr. Mangiantini noted they had no problem with a shorter time frame for the approval of the CUP to remain in effect. He also noted their awareness of the conditions of approval for the Sun Country Conditional Use Permit. Chairman Comiso clarified the Commission's understanding that the specifications presented by the applicant were a true and fair representation of what was going to be constructed. She clarified that nothing other than what is shown in the enhanced picture submitted by the applicant will be acceptable to the Commission. In response to a question from Commissioner Stutz, Mr. Mangiantini clarified that relocating the building to the rear of the property line was acceptable. The Commission discussed safety standards and provisions for monitoring radiation emission. CLOSED PUBLIC HEARING FOR CUP MOTION SECONDED AND PASSED: Motion by Commissioner Ellinger and seconded by Commissioner Stutz to recommend approval of the Conditional Use Permit Modification, Conditional Use Permit, and Site Development and Zoning Permit with the following conditions: 1. All conditions of the Sun Country Cable Conditional Use Permit approved by the City Council on February 15, 1990 shall be conditions of this approval. 2. The site drainage must be designed to meet the goal of reducing the rate of run off associated with the proposed development. A grading and drainage plan shall be submitted to the City Engineer for review and approval prior to issuance of a building permit. 3. Fire retardant roofing is required. 4. Paint color shall match the color of the existing Sun Country building. 5. Prior to final inspection and release of final building permits a landscape planting plan must be submitted to and approved by the Planning Commission. No trees are shown to be removed. If trees are damaged or removed they may be required to be replaced. The replaced trees shall be re lJ Planning Commission Minutes October 13, 1993 Page 12 equal in size to the removed or damaged trees up to a maximum 24" box size tree. The landscape plan shall take into consideration adequate screening of the equipment shelters and the existing dish antennas and fencing. A landscape maintenance agreement shall be recorded in the office of the County Recorder prior to final building permit approval, agreeing to install and maintain in good condition all required plantings. All planting required for mitigation screening that does not establish itself within one year shall be replaced. A $5000.00 landscape deposit shall be posted prior to final inspection. Required plantings shall be installed within one year, 50% of the bond shall be returned following the date of the inspection to ensure adequate maintenance. The remainder will be released two years later if the plantings remain viable. 6. Prior to beginning any grading operation, all significant trees are to be fenced at the dripline. The fencing shall be of a material and structure to clearly delineate the dripline. Town staff must inspect the fencing and the trees to be �. fenced prior to commencement of grading. The fence must remain throughout the course of construction. No storage of equipment, vehicles, or ` debris shall be allowed within the driplines of these trees. 7. The location of the foundation is to be re -certified in writing by a registered Civil Engineer or licensed Land Surveyor after the foundation has been poured as being in the approved location and elevation established by this permit. 8. The property owner shall inform the Town of any damage and shall repair any damage caused by the construction of the project to pathways, private driveways, public and private roadways prior to final inspection and shall provide the Town with photographs of the existing conditions of the roadways and pathways prior to issuance of building permits. 9. The pathway shall remain open at all times. 10. CUP will be reviewed by the Planning Commission every three years for safety. At that time an application for extension of the use shall be re- reviewed by the Planning Commission for determination of modifications necessary for allowance and continuance of the approval. This permit does not authorize the applicant to intensify authorized activity beyond that which is specifically described in this permit. 4 95 Planning Commission Minutes October 13, 1993 Page 13 11. In the event that any of the conditions of this permit are not satisfied, the Planning Department may cause a noticed public hearing to be sent to review whether the permit should be continued; and upon a showing of compelling public necessity demonstrated at the noticed public hearing, the Town may add, amend, or delete conditions and regulations contained in this permit. 12. Upon completion of the construction, a final inspection shall be required to be set with the Town Planner and the City Engineer two weeks prior to final building inspection approval. 13. Measurements of exposure conditions shall be taken upon facility installation, after one (1) year, and after two (2) years. 14. Measurements of exposure conditions shall be taken upon any changes in the industry standard. 15. Maintenance on the building and grounds including weed abatement is required. AYES: Chairman Comiso and Commissioners Cheng, Ellinger, Stutz, Takamoto NOES: None ABSENT: Commissioners Schreiner, Simmu Chairman Comiso noted she would like to see that this is all that is put on the property, and requested this be agendized for discussion under New Business. She suggested taking a look at the wording used when the property was deeded to the Town. 6. NEW BUSINESS None 7. OLD BUSINESS 7.1 Report from the Design Guidelines Subcommittee - Continued 7.2 Circulation Element - Continued 7.3 Land Use Element - Continued 7.4 Conservation Element - October 26, 1993 at 5:30 p.m. 7.5 Noise and Scenic Highways Elements - November 9, 1993 at 5:30 p.m. 4 Planning Commission Minutes October 13, 1993 Page 14 7.6 Safety and Seismic Safety Elements - January 18, 1994 at 5:30 p.m. 7.7 Open Space Elements - January 26, 1994 at 5:30 p.m. Chairman Comiso left the meeting at 11:15 p.m.; Commissioner Ellinger took over as chair. Ms. Niles noted items 7.1 through 7.7 were informational. 8. APPROVAL OF MINUTES 8.1 Approval of the September 22, 1993 Minutes Commissioner Stutz referred to Page 15, paragraph 3, sentence 2 and requested it be changed to read: She discussed the loss in property size if restricted to no use of the land by the HHSB. MOTION SECONDED AND PASSED: Motion by Commissioner Takamoto and seconded by Commissioner Stutz passed by consensus to approve the minutes of (�. September 22, 1993 as amended. �r 8.2 Approval of the September 29, 1993 Minutes MOTION SECONDED AND PASSED: Motion by Commissioner Stutz and seconded by Commissioner Cheng passed by consensus to approve the minutes of September 29,1993. 9. REPORT FROM THE SITE DEVELOPMENT COMMITTEE MEETINGS 9.1 LANDS OF BECKER, 14271 Miranda Road: A request for a Site Development Permit for a Pool and Solar Panels plan. Approved with conditions September 28,1993. 9.2 LANDS OF MORRISON, 14494 Liddicoat Circle: A request for a Site Development Permit for an Addition plan. Approved with conditions September 28,1993. 9.3 LANDS OF CHOWN, 13822 Page Mill Road: A request for a Site Development Permit for a Landscape plan. Approved with conditions October 5,1993. Commissioner Stutz asked staff for clarification regarding pathway requirements Lalong Moon Lane for the Lands of Chown. Ms. Niles responded the issue involved 4 Planning Commission Minutes October 13, 1993 Page 15 wording for the private status of Moon Lane that resulted in a situation where residents ownership in the road did not specifically refer to the area along their property, but provided for joint ownership of Moon Lane by all the property owners. Asking for the pathway on a private road wasn't feasible because all the property owners would have had to agree. Commissioner Stutz noted Mrs. Chown's willingness to give a pathway easement and requested that dedication be a condition of the landscape plan so a pathway could be developed along Moon Lane in the future. Ms. Niles noted she would check with the City Attorney as to how to word the dedication. 9.4 LANDS OF RIBNER, 13140 Byrd Lane: A request for a Site Development Permit for a Pool, Spa, and Landscape plan. Approved with conditions October 5, 1993. 9.5 LANDS OF MOVASSATE, 12581 Zapettini Court: a request for a Site Development Permit for a Pool and Landscape plan. 9.6 LANDS OF DOWDELL, 25594 Elena Road: A request for a Site Development Permit for a Pool plan. 9.7 LANDS OF POLSTER: A request for a Site Development Permit for a Pool plan (meeting scheduled for October 12,1993). Commissioner Cheng requested staff include the Planning Commission representative to upcoming City Council meetings on the Planning Commission agenda. She also noted she would be unable to attend the Planning Commission meetings on October 27 and November 10, 1993. Commissioner Ellinger referred to a letter from the Mayor regarding the appearance of Planning Commissioners before the Council specifically either in favor of or against applicants and noted Chairman Comiso requested that this topic be agendized for Planning Commission discussion. A. Richard Jones, noting he missed Presentations From the Floor, requested the Planning Commission increase the area of notification for the Fremont Hill Country Club CUP coming up for review. There are a number of properties in his area on La Cresta Drive that will be impacted by any changes. Planning Commission Minutes October 13, 1993 Page 16 10. ADJOURNMENT MOTION SECONDED AND PASSED: Motion by Commissioner Takamoto, seconded by Commissioner Stutz passed by consensus to adjourn the meeting at 11:25 p.m. Laura Johnson for Lani Lonberger, Planning Secretary