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i MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed by the following roll call vote to approve the request for approval of landscape screening plan and modification of tentative map conditions to permit development area of 9,716 square feet for Lands of Jain, 28510 Matadero Creek Lane, subject to the conditions of approval recommended by the Planning Commission at their 5/10/00 meeting with the deletion of condition 1 a), the correction to the amendment to the final map to reflect 9,716 square feet not 9,000, and the findings for approval of the final map amendment as shown in Attachment 3 with the addition of finding #9 as follows: "The proposed modification is unique to the site and will not set a precedent of allowing additional development in the Matadero Creek Subdivision." AYES: Mayor Pro Tem Finn and Councilmembers Casey, Cheng and Johnson NOES: Mayor Dauber Dauber stated that lots are advertised with the allowed development numbers and this translates to increased property value. This would be precedent setting. Furthermore, the Jains have known all along that they used almost all of their allowed development on their house. 11.3 Request for approval of a site development permit for a new residence and detached garage with an office studio above, on the lower level, Lands of Kerns, 11890 Francemont Road • Bill Maston, applicant's architect, explained how they were reducing the development area and saving additional oak trees on the property. They were also eliminating a large amount of the retaining walls. Mr. Maston asked Council to accept these revised plans and also to address conditions #16 regarding the path and #19 regarding a fire sprinkler system. Harry Emerzian, Co-Chairman of the Pathways Committee, noted that this was a very steep lot and the committee had not decided on an alternative way to get a path in where it would be less steep. Michael Marshall, Los Altos, expressed his concerns that this secondary dwelling was being built without a primary residence being in place. Council referred to the questions raised about condition #19 and noted that the requirements in this condition would be based on the recommendation from the Fire Department. Dauber commented that this was a lovely modest home on the lower lot but the applicants might want to modify these plans if the upper lot did not get approved. In her opinion there was not an acceptable driveway to the upper lot. Johnson stated that he had no difficulty with the lower lot but there were problems with the upper lot. June 1, 2000 Regular City Council Meeting 9