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9 <br /> City Council Regular Meeting Minutes <br /> June 16, 2022 <br />ABSENT: None <br /> <br />C. Appeal of the Planning Commission Imposed Conditions of Approval for a Site <br />Development Permit for Landscape Screening at 12869 La Cresta Drive – File <br />#SD21-0079 (Resolution #TBD) (Staff: S. Mangalam) <br /> <br />Assistant Planner Areli Perez presented the staff report. <br /> <br />Council discussion ensued. <br /> <br />Mayor Tyson opened the Public Hearing. <br /> <br />Matt Francois, Attorney, respectfully asking the Council to grant the appeal to <br />allow for the fence for their pets and growing family. He presented his case and <br />introduced his clients Nick and Heidi Sutardja, who spoke on their behalf. <br /> <br />Birgitta Indaco, Los Altos Hills, said this house was an abandoned site and they <br />restored the land in 2018 and the photos they are showing are a good 10 to 20 feet <br />below the back of the house. You have to step down 10 feet down to get to the dining <br />area. The views from the house are not impeded by this open space easement. <br /> <br />Kit Gordon, Los Altos Hills, said she requested that the Open Space Committee <br />review the design of the fence being proposed. It is unusual to have a fence in the <br />easement. <br /> <br />Carol Gottlieb, Los Altos Hills, commented that the house being constructed has a <br />slope the same configuration that has been required on this. They are not asking for <br />anything different than is being approved on other properties. <br /> <br />Mayor Tyson close the Public Hearing. <br /> <br />Council discussion ensued. <br /> <br />MOTION MADE AND SECONDED: Mayor Tyson moved to grant the appeal and <br />direct staff to accept the compromise solution having to do with the new fence design <br />as well as the location and the no-build covenant and at the same time direct staff to <br />proceed with developing an improved fence ordinance. The motion was seconded by <br />Councilmember Mok. <br /> <br />City Attorney Mattas read revised conditions into the record. The revised conditions <br />included the following additions: <br /> <br />1. Prior to the issuance of a certificate of occupancy for the house, the property owner <br />shall record against the property a 30-foot no-build covenant, in a form acceptable to <br />the City Attorney and that is enforceable in perpetuity by the Town, commencing from <br />the eastern property line parallel to La Cresta Drive. No structures, grading, or fill shall