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HomeMy WebLinkAbout04/12/2000Minutes of a Regular Meeting Approved 4/26/00 Town of Los Altos Hills PLANNING COMMISSION Wednesday, April 12, 2000, 7:00 p.m. Council Chambers, 26379 Fremont Road cc: Cassettes (2) #7-00 ROLL CALL AND PLEDGE OF ALLEGIANCE The Planning Commission meeting was called to order at 7:02 p.m. in the Council Chambers at Town Hall. Present: Commissioners Gottlieb, Jinkerson, Wong & Schreiner Absent: Commissioner Cottrell Staff: Curtis Williams, Planning Director; Ola Balogun, Associate Engineer, Carl Cahill, Associate Planner; Lam Smith, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR Harry Emerzian, 11670 Dawson Drive, stated on December 9, 1999, Lands of Barrata, 11675 Dawson Drive, requesting a pool, and variance to exceed the maximum development area was continued to the January 12, 2000 meeting to allow staff the necessary time to review the topographic survey and Worksheet #2 which were submitted on November 30, 1999. The staff had made a recommendation to deny the request. Last week tractors appeared on the site and started grading. A stop work order was issued. Now he understands they were granted a permit for retaining walls. The grading was started prior to proper permits being issued. He asked for clarification of this action as there is no room (development area) for a pool. Chairman Jinkerson stated the permit was only an administrative approval issued with instructions from the City Manager. He suggested Mr. Emerzian contact the City Manager and/or City Council for further clarification as this item will be before the Planning Commission at a future date and should not be discussed in depth. The Planning Director noted that the City Manager, the Associate Engineer, and Associate Planner were all involved in the approval process. He discussed the 10 day appeal period which is available to anyone. He will summarize the action taken to date with a copy to Mr. Emerzian. 3. PUBLIC HEARINGS kaw Planning Commission Minutes Approved 4/26/00 April 12, 2000 Page 2 %W 3.1 LANDS OF LE FEVRE & YANEZ, 26401 and 26411 Eshner Court (73 -00 -LLA); A request for a Lot Line Adjustment. The Planning Director introduced this item by stating that during the course of the subdivision improvements, the alignment of Eshner Court was adjusted slightly in the field, requiring a modification to the front property line of Parcel 1. This revision reduced the size of the parcel such that the lot unit factor was only 0.976 which is non conforming to the Town and is unacceptable to the new owner (Yanez). Upon determining this effect, the City Engineer and the applicant's engineer suggested that a lot line adjustment was the most appropriate route to clear up the discrepancy and to re-establish a lot unit factor of at least 1.0. The adjustment will not effect any conservation easement. He will also indicate on the plan that the 10 foot pathway easement will not be abandoned. OPENED PUBLIC HEARING Tom LeFevre, 14850 Manuella Road, applicant, reiterated the reason for the lot line adjustment. Luis Yanez, 26879 Moody Road, applicant, was satisfied with the staff report and was available for questions. Sandy Humphries, Environmental Design Committee, asked that the large trees including oaks kon Parcel 1 are protected. Gary Cleary, 26410 Silent Hills Lane, noted that the property line will be moved 17 feet. He would like to make sure that the 50 foot setback is not impacted. CLOSED PUBLIC HEARING The Commissioners voiced no problem with the lot line request although Commissioner Schreiner noted the inaccuracy of the Tentative Map requesting the wording "TO BE ABANDONED" appearing on two sides of Parcel 2 (relating to the pathway) be deleted. The Planning Director will red line the wording for now and will request corrected plans. MOTION SECONDED AND PASSED: Motion by Commissioner Gottlieb and seconded by Commissioner Schreiner to recommend approval of the lot line adjustment to the City Council, subject to the applicant's submittal of a grant deed and plat (prepared by a registered engineer or licensed surveyor) prior to the Town's recordation of a Certificate of Compliance, Lands of Le Fevre & Yanez, 26401 and 26411 Eshner Court. AYES: Chairman Jinkerson, Commissioners Wong, Gottlieb & Schreiner NOES: None ABSENT: Commissioner Cottrell This item will appear on the May 4, 2000 City Council agenda. Planning Commission Minutes April 12, 2000 Page 3 Approved 4/26/00 3.2 LANDS OF TAAFFE, 12060 Elsie Way (33-00 CUP Review) (formerly 12308 Concepcion Road, #72 -95 -CUP); A request for a Conditional Use Permit review for existing construction equipment and vehicle storage yard. Staff had nothing further to add to the report OPENED PUBLIC HEARING Ben Taaffe, 26850 Purissima Road, applicant, would like to remain on the site until the Use Permit expires and not have the expense of installing a permanent toilet facility connected to sanitary sewer as they plan to sell the property. They will not be re -applying for the Use Permit. Nicki Locker, 1248 Via Arline, asked when the Use Permit expires (6/19/01). She asked for screening trees between the two properties. However, it was noted that a request for trees is not a part of this application. Jim Sandman, 26545 Purissima Road, had brought to the Planning Director's attention that equipment was being operated at off times. He requested the applicants follow construction hours and days. He also requested residential use for the site in the future. The Planning Director suggested calling the sheriff if this happens on off time (nights and/or weekends). CLOSED PUBLIC HEARING MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Gottlieb to forward the application to the City Council with a recommendation finding that the applicant is in reasonable compliance with the attached Use Permit conditions of approval in Attachment 1 (72 -95 -CUP) subject to deletion of that part of condition #6 requiring the applicant to install permanent toilet facilities, Lands of Taaffe, 12060 Elsie Way. AYES: Chairman Jinkerson, Commissioners Schreiner, Wong & Gottlieb NOES: None ABSENT: Commissioner Cottrell This item will appear on the May 4, 2000 City Council agenda. 3.3 LANDS OF ASKARINAM, 27830 Elena Road (281 -99 -TM -GD -ND); A request to subdivide a 5.08 acre parcel into three (3) lots, and proposed Negative Declaration (continued from 6:00 p.m. site visit). The Planning Director introduced this item by noting the 6:00 p.m. site review and analysis at the property site. Discussion ensued regarding the proposed lift station. It was noted that a public sanitary sewer system, including a sanitary sewer lift station and a sewer main line, are required to be installed, at the applicant's expense, in order to provide sanitary sewer service for the three lots (the three lots have not obtained a Health Department approval for septic systems). With the sanitary sewer system and lift station, there is a potential for a number of properties to connect to Planning Commission Minutes Approved 4/26/00 April 12, 2000 Page 4 sewer. The Planning Director noted a discussion of the lift station at the City Council level with no conclusion made at that time. OPENED PUBLIC HEARING Behrooz Askarinam, 27830 Elena Road, thanked staff for their hard work on the subdivision. All residents who could connect to the sewer system are in agreement with the lift station. There will be no impact to any neighbors (no noise). The City Council, in their discussion, reviewed whether the station would be public or private and reasons for the location. He gave details regarding the lift station operation (with the potential for 125 lots to be connected) and back up system in case of power outage. Discussion ensued regarding the sewer line versus extensive leach fields on many of the properties. He reiterated that there would be minimal impact on neighbors and the environment. Harry Emerzian, Pathways Committee, requested the IIB path on Elena Road be restored. Commissioner Gottlieb stated from Gigli Court to Elena Road there is a pathway easement along the freeway fence. She felt an easement should be taken. Mr. Emerzian will have the Committee review the request. CLOSED PUBLIC HEARING Commissioner Gottlieb discussed the following: the dangerous access at the end of a steep curve; the use of a cul-de-sac would be better for the subdivision; suggested a lower development area; the constraints on Parcel C; protecting the oak trees; and problems with the access road. She would like to take out the conservation easements out of the properties and reduce the development areas. Commissioner Wong asked if the driveway to the road on Parcel C could be moved over more to get it away from the steep road. The response was no as it would be across someone else's property. The Planning Director discussed ways of improving the curb and site distance. Commissioner Schreiner shared the concerns regarding the driveway. It would be better to have one access with a cul-de-sac. She asked for more input regarding the sewer issue so it does not eliminate the possibility of having a septic system, if desirable and/or feasible. Another concern was the noise factor. The Planning Director suggested wording for the conditions of approval indicating all lots within the subdivision shall be connected to a sanitary sewer system to the satisfaction of the City Engineer or a septic system to the satisfaction of the County Health Department. The Planning Director discussed the lift station with the potential for 125 lots to be connected and the location of the lift station in near proximity to a creek which are environmental issues that the Negative Declaration has not addressed. He was uncomfortable going forward without more information and amending the Negative Declaration to include that information and a determination from the City Council regarding a private or public lift station. Chairman Jinkerson shared many of the concerns voiced. It is still not clear if there will be a septic system or a sewer system with a lift station (private or public). Based on this alone, the Negative Declaration is inadequate. They need more information. He further discussed the dangers on Elena Road which is heavily traveled and the increase in use with the subdivision. The traffic issues troubled him. He stated if the neighbors are all this cooperative in terms of the sewer proposal, he would like to see if they are cooperative enough to do an easement so they Planning Commission Minutes Approved 4/26100 April 12, 2000 Page 5 livir can use a cul-de-sac bulb. The bulb will eliminate the fire turnaround, reduce pavement and will be safer. He would like to know if this would be feasible before deciding on this project. He felt it would also improve drainage. Behrooz Askarinam lives on the property and uses the driveway. He does not have any problem seeing the angle of traffic, although if you raise the level of the driveway it would improve the sight distance substantially. Regarding the Negative Declaration, the sewer project, Fish and Game and the Water District will review the Negative Declaration independently. Chairman Jinkerson felt the Negative Declaration was troublesome and the project is not ready to be passed on to the City Council. Also, there appears to be a better way to access the property. Mr. Askarinam noted there is a 35 foot easement asking if it would be best for all three lots to use the easement. The Planning Director stated he would need to work with Jeff Peterson and Ola Balogun. MOTION SECONDED AND PASSED: Motion by Commissioner Gottlieb and seconded by Commissioner Schreiner to continue the request to subdivide a 5.08 acre parcel into three (3) lots, and proposed Negative Declaration to the May 24, 2000 meeting, Lands of Askarinam, 27830 Elena Road, to provide the following: work with planning and engineering regarding the lift station (provide more details regarding pumps, service area, engineers report, acceptance from neighbors along the sewer easement); exploring the option of coming off of the lower point Elena Road with the cul-de-sac bulb (working with engineering) or come up with a design for the improvement of the intersection (safety); and to have the Pathway Committee explore pathway options. AYES: Chairman Jinkerson, Commissioners Wong, Gottlieb & Schreiner NOES: None ABSENT: Commissioner Cottrell 3.4 LANDS OF BARTH, 14350 Manuella Road (305 -99 -TM -GD -ND); A request to subdivide a 2.27 acre parcel into two (2) lots, and proposed Negative Declaration. The Planning Director introduced this item by noting the receipt of a letter from Susan Roberts with Giuliani & Kull, requesting the deletion of condition #18, providing background information regarding the request. Commissioner Gottlieb questioned the advertising of Lot 2 prior to recording the Final Map, referring to Subdivision Act, Section 9-1.306. The Section states that it shall be unlawful for any person to offer to sell, finance, or lease, to contract to sell, finance or lease, or to sell, finance or lease any real property which constitutes a subdivision, as defined in this chapter or any part thereof, until a final map or parcel map thereof, in full compliance with the applicable requirements imposed under the provisions of this chapter and the Subdivision Map act, has been duly recorded or filed in the office of the County Recorder. The real estate community should be informed. The Planning Director will forward the information to the City Attorney to determine appropriate action. Further discussion regarding Lot 2 kw accessing Alicante Place ensued. Planning Commission Minutes April 12, 2000 Page 6 OPENED PUBLIC HEARING Approved 4/26/00 Richard Barth, 787 Los Robles Avenue, Palo Alto, applicant, discussed the impact to their lot and approved house plans if condition #18 is not deleted. He was told the lot could be 1.0 minimum. If the development is reduced on Lot 1, he would need to change his plans. He would be happy to do anything to re -assure the Planning Commission that Lot 2 would not be non -conforming. He discussed the subdivision improvements but did not understand why the utilities needed to be in at this time; site development time would be better. The Planning Director would not recommend a change in language but between now and when it goes to the City Council he would encourage the applicant to work with Susan Roberts (project engineer), Ola Balogun and Jeff Peterson for a better understanding of the subdivision improvements to see if the language needs to be changed prior to the City Council meeting. Harry Emerzian, Pathways Committee, re -iterated the pathway request (condition #12) on Manuella Road. There are no requests for Alicante Place. William Downey, 14330 De Bell Drive, requested that the building on Lot 1 be placed closer to the front of the property to preserve his view of Black Mountain. CLOSED PUBLIC HEARING Commissioner Gottlieb would like Lot 2 to be at least 1.01 acres and would like the development on Lot 1 set forward. She would also prefer Lot 2 access onto Alicanti Place and positioned so headlights do not effect the neighboring property. Commissioner Schreiner agreed. Regarding #18, she suggested a survey prior to the Final Map to verify Lot 2 at a minimum of 1.0 acres. Commissioner Wong agreed. Either 1.01 or certify 1.0 prior to Final Map. Chairman Jinkerson agreed. He also suggested that the Planning Director bring to the City Attorney's attention Section 9-1.306 of the Subdivision Code. MOTION SECONDED AND PASSED: Motion by Commissioner Gottlieb and seconded by Commissioner Schreiner to recommend approval to subdivide a 2.27 acre parcel into two (2) lots, and proposed Negative Declaration to the City Council subject to the conditions in Attachment 1, including adoption of the Mitigated Negative Declaration, Lands of Barth, 14350 Manuella Road, with the following additions/changes: condition #18, prior to Final Map approval and recording the project engineer shall provide calculations verifying contours and provide the calculations demonstrating that the net lot area and the lot unit factor are 1.0 or greater for Lot 2; condition #17, delete Pa -d- nffldl nPwfe __ fees; Parcel 2 shall access from Alicante Place with the entrance positioned so headlights do not reflect onto neighboring properties. AYES: Chairman Jinkerson, Commissioners Wong, Gottlieb, & Schreiner NOES: None �, ABSENT: Commissioner Cottrell Lei Planning Commission Minutes April 12, 2000 Page 7 This item will appear on the May 4, 2000 City Council agenda. 4. OLD BUSINESS Approved 4/26/00 4.1 Report from subcommittees. Commissioner Schreiner reported on the Land Use Element meeting and the possible use of a Town wide survey. NEW BUSINESS -none 6. REPORT FROM THE CITY COUNCIL MEETING 6.1 Planning Commission Representative for April 6'" - Commissioner Schreiner, reported on the following items: Councilmember Cheng sworn in; Lands of Ballard; Certificate of appreciation to Dexter Hake; discussion of election signs; adoption of Resolution in support of AB 14, as requested by ABAG, to amend rules for the replacement of overhead electric and communications facilities with underground facilities; policy regarding driveway width and development area calculations (continued); and recommendation for Council agreement to accept a proposed sanitary sewer lift station as public (continued). 6.2 Planning Commission Representative for April 20 - Commissioner Cottrell `r 7. APPROVAL OF MINUTES 7.1 Approval of February 23rd minutes PASSED BY CONSENSUS: To approve the February 23`d minutes. 7.2 Approval of March 8'" minutes PASSED BY CONSENSUS: To approve the March 8'" minutes. 7.3 Approval of March 22nd minutes PASSED BY CONSENSUS: To approve the March 22nd minutes. 8. REPORT FROM SITE DEVELOPMENT MEETING -MARCH 28 & APRIL 11 2000 8.1 LANDS OF MEHROTRA, 27645 Natoma Road (20-00-ZP-SD); A request for a Site Development Permit for a swimming pool, spa and landscaping. Approved March 28, 2000 with conditions. 8.2 LANDS OF MOZART, 13850 Templeton Place (9-00-ZP-SD); A request for a Site Development Permit for landscape screening. Approved March 28, 2000 with conditions. Planning Commission Minutes April 12, 2000 Page 8 Approved 4/26/00 8.3 LANDS OF LYONS AND WIESLER, 28012 Laura Court (42-00-ZP-SD); A request for a Site Development Permit for grading. Approved with conditions March 28, 2000. 8.4 LANDS OF GABRIELSON, 24230 Hillview Road (65-00-ZP-SD-VAR); A request for a Site Development Permit for a 150 square foot addition, and minor variance to encroach into the front setback two feet. Approved with conditions April 11, 2000. 8.5 LANDS OF SOHEILI, 11499 Summitwood Road (23-00-ZP-SD); A request for a Site Development Permit for a sport court. Approved with conditions April 11, 2000. 9. ADJOURNMENT The meeting was adjourned by consensus at 9:40 p.m. R ectfully submitted, ( ani Smit �r Planning Secretary