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Published on 10/19/1998 All articles from this issue

Subdivision request raises questions for LAH council

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By Carol Tiegs

Special to the Town Crier

Should the city pay for improvements to enable a private development? Should a developer bear the cost of problems created by an earlier development?

The Los Altos Hills Town Council grappled with these issues on Oct. 21 as it considered an application by new landowner Bob Blair to subdivide his land at 27161 Fremont Road.

Blair's property borders Barron Creek, with a portion included in the 100-year flood plain. The town planning commission had unanimously forwarded his subdivision to the council with a recommendation for approval. Blair was amenable to the conditions of approval recommended by the planning commission, except for one requiring that he construct a culvert to improve drainage on the property in the event of flooding.

"The creek can handle the 100-year flood," Blair told the council on Oct. 21, "but the (existing) culvert can't with the development that's taken place upstream."

Fixing the culvert problem would solve the flooding problem, Blair agreed. But, he said, the flooding that occurs now is the result of runoff caused by building and paving that has already been done, not by anything he will do on his property. Blair said he should not be required to bear the cost of solving the flooding problem.

The flood potential exists on a portion of the second lot Blair proposes to create. The planning staff noted that providing adequate drainage was a requirement for every lot development.

The council voted unanimously to grant approval of the subdivisions with the conditions submitted by the planning commission. City Manager Jeff Peterson estimated that the necessary culvert would cost approximately $10,000 to $20,000.

The council also directed the city manager to prepare resolutions to complete the acceptance of Summit Wood Road as a public street from Tepa Way to La Loma Drive. The resolutions will cover three distinct portions of the road.

Ownership of the road has been in question for some time, partly due to a lack of records dating back to the 1950s. Rights of way on these sections were dedicated, granted and recorded using a variety of different vehicles, Peterson said, and standards for acceptance and record keeping were different that those of today.

The council, on Oct 21, unanimously approved the variances and site permit for a new residence at 24700 Olive Tree Court on property owned by Dr. Elaine and Winston Lambert. The Lambert's original home was destroyed by fire two years ago.