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HomeMy WebLinkAbout02/18/1998Minutes of a Regular Meeting February 18, 1998 Town of Los Altos Hills City Council Regular Meeting Wednesday, February 18, 1998, 6:00 P.M. Council Chambers, 26379 Fremont Road CALL TO ORDER AND ROLL CALL Mayor Casey called the Regular Meeting of the City to order at 6:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Casey and Councilmembers Dauber, Hubbard, Johnson and Siegel Absent: None Staff: City Manager/City Engineer Jeff Peterson, City Attorney Sandy Sloan, Planning Director Curtis Williams, Public Works Manager Jim Rasp and City Clerk Pat Dowd Press: None 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT The Planning Director reported on the following items discussed at the 2/11/98 Planning Commission Meeting: Lands of Congregation Beth Am, 26790 Arastradero Road: proposed conditional use permit and site development permit for the construction of a 7,050 square foot multi-purpose building, additions of 4,225 square feet of classroom and administrative buildings, and 142 new parking spaces, to an existing religious facility - continued; Lands of Chan, 12125 Oak Park Court: request for a site development permit for a new residence and pool - approved; and Lands of Chang, 12025 Adobe Creek Lodge Road: request for a site development permit for a new residence, cabana, pool and spa - approved. The Planning Director also reported that at the 2/11/98 meeting, Commissioner Cheng was appointed Vice -Chair and Commissioner Aurelio was welcomed as the newly -appointed Planning Commissioner. Casey asked that the application for Lands of Chang be reviewed by Council because of the driveway condition. Dauber expressed her concerns about the the number of appeals being filed and the overall appeal fee issue. It was agreed these issues could be agendized for future Council discussion. 4. CONSENT CALENDAR Item Removed: 4.4 (Siegel) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to approve the balance of the Consent Calendar, specifically: 46 February 18, 1998 Regular City Council Meeting p� 4.1 Approved Minutes: February 4, 1998 (Special Meeting) fit' February 4, 1998 (Regular Meeting) 4.2 Decided Not To Review the following Planning Commission Actions at its meeting on January 28, 1998: 4.2a Lands of Wilson, 11471 Page Mill Road: approved request for a Site Development Permit for a new residence with an attached garage and a detached one car garage. 4.2b Lands of Malek, 11972 Rhus Ridge Road: approved request for a Site Development Permit for a new residence and a variance to exceed the maximum development area. 4.3 Awarded Certificate of Appreciation: Michael Duffy, Safety Committee 4.5 Issued Proclamation: Congratulating the Santa Clara Valley Water District on 30 years of service as an integrated water resource agency Item Removed: 4.4 Amendment No. 3 to City Manager/City Engineer Employment Agreement - Reso # Siegel stated that the amendment should include a statement that it was effective January 1, 1998. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to adopt Resolution #9-98 approving and authorizing execution of an amendment No. 3 to City Manager/City Engineer employment agreement between the Town and Jeff Peterson. 5.1 Study Report on Fiscal Reserve Policy Jim Steiner, Chairman of the Finance Committee, presented an overview of the committee's report on the Town's fiscal reserve policy. The report listed the following required reserves areas: emergency funds, contingency funds and capital improvement funds. It also listed the following reserves areas which were not required: equipment replacement funds, insurance coverage, legal costs fund, pathways construction and enterprise funds. Of the total unreserved fund ($5,494,538) the Finance Committee recommended establishment of the following reserve levels: Emergency Fund Balance (General Fund only) _ $1,050,000; Contingency Fund Balance _ $350,000; and Capital Improvements Fund Balance = $1,985,000 for a total reserves of $3,385,000. The remaining fund balance of $2,109,538 would be designated for future operations. Mr. Steiner explained the rationale used for the emergency funds which included buildings and roads and the rationale used for the contingency funds which included revenue losses and unforeseen expenses. The need for Capital Improvements was analyzed over a ten year period beginning in 1998. February 18, 1998 Regular City Council Meeting Council thanked Mr. Steiner and the Finance Committee for their excellent report on the fiscal reserve policy. Dauber recommended that reserves be established for the replacement of Town Hall. It was an old building and too small for the Town's current needs; it was only a matter of time before it would need to be replaced. Hubbard noticed that the report recommended reducing the amounts allocated for both pavement management ($500,000 to $250,000) and pathways ($75,000 to $10,000) beginning in the yea 2003. He did not recommend lowering these figures based on the Town's history. Hubbard also believed the emergency reserves were on the low side. Dauber suggested the amount allocated for storm drain capital improvements be increased. PASSED BY CONSENSUS: Council agreed to send the report on Fiscal Reserves Policy back to the Finance Committee for incorporation of the Council's comments and to request the committee to bring the study back to Council at a future Council Meeting. 5.2 Approval of site development permits for new residences and pools and variances to allow grading over property lines at 13826 Moon Lane (Lot 2) and 13824 Moon Lane (Lot 3), Lands of Wythe/Vitu The Planning Director stated that the revised plans included the directions given to the applicants at the 2/4/98 City Council Meeting. For Lot #2 the attic still needed to be lowered but this could be done at building review. Glenn Cahoon, applicants' designer, responded to the input received at the 2/4/98 Council Meeting. He addressed the issues of height, skylights, retaining walls and drainage. Dauber referred to the skylights and recommended that whenever something new was added to the plans, they be highlighted. David Ewald, 13830 Page Mill Road and Ramona, Valerie and Tim Chown, 13822 Page Mill Road addressed the Council in opposition to the site development permit requests for Lands of Wythe/Vitu. They did not believe these projects conformed to the Town's design guidelines and Site Development Policy. They thought the houses were too big, did not fit into the neighborhood and should go back to the Planning Commission for redesign. In addition they believed the plans before Council contained inconsistencies and had not been appropriately reviewed by the Planning Commission. Dru Anderson, 27820 Saddle Court, expressed her concerns about the drainage and the skylights and in particular about not being informed about the status of these issues. Evan Wythe, applicant, stated that he was available to answer any questions the Council might have. He noted that this had been a long process and he believed they had addressed the earlier concerns and had simplified the design of the houses. He did ask for clear direction regarding Condition #21 concerning the road. Dauber stated that although she was within 2,500 feet of these projects, there was no financial impact on her property. Dauber inquired about the possibility of a road maintenance agreement for Moon Lane and was advised by the City Manager that apparently the neighbors were working on this but it would work only if there was unanimous agreement on the issue from the neighbors. Dauber also inquired about the option of a reimbursement agreement to WytheNim from future subdivisions in this area and was advised that this was also a possibility for future development. Referring to the stonework on the top of the garage, Dauber stated that she thought this was inappropriate. Hubbard reiterated his comments from the February 4' Council Meeting when he stated that he thought the applicant had followed the directions given by the Council and the Planning Commission's comments had been taken into consideration. February 18, 1998 Regular City Council Meeting The City Manager referred to the applicant's inquiry about the road and stated that the final surfacing of the road would be left to staff s discretion. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed by the following roll call vote to approve the the requests for site development permits for new residences and pools and variances to allow grading within ten feet of a property line subject to the conditions of approval and findings for the variance for Lands of WytheNitu, 13826 Moon Lane (lot 2) and 13824 Moon Lane (lot 3). AYES: Mayor Casey and Councilmembers Dauber, Hubbard and Johnson NOES: Councilmember Siegel 6. NEW BUSINESS 6.1 Presentation by General Plan Consultant of an outline and overview of the Circulation Element Chris Clark, representing Crawford, Multari & Clark, presented the an overview of the following circulation issues in the Town: maintenance and dedication of private roadways; emergency access; right-of-way widths; standards for drainage; guidelines to address the aesthetic design of roadways; level of service, roadway capacities, and average daily trips; regional traffic problems including Page Mill @ 280, Deer Creek and EI Monte @ 280 in the Foothill College area; and the importance of pathways to the Town's circulation system. Mr. Clark also outlined the following work program for the completion of the Circulation Element: review existing documentation; issue identification with Council and staff; community participation strategy; background study and mapping; draft circulation element update; environmental documentation; public meetings and hearings; and final circulation element. Siegel noted that environmental impact reports used inappropriate traffic standards for the Town. Adjustments to the National Traffic Standards needed to be made to correctly reflect traffic patterns in the Town. Siegel also recommended that the arterial road issue be addressed. He believed La Loma, Stonebrook and Summitwood should be identified as part of the major collector system. Siegel pointed out that the Town's records should be corrected to reflect that Stonebrook is no longer a truck route. Dauber suggested the option of sending out a one-page summary four times a year to residents giving them an update on the General Plan. Chris Clark thanked Council for their comments. Their next step in the process would be to investigate the roads and infrastructure of the Town and to prioritize issues. He also commented that they were looking forward to working with the Council, staff and residents on this project. 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 8. STAFF REPORTS 8.1 City Manager 8.1.1 Fremont Road Pathway Project The City Manager reported that letters had been sent to residents along Fremont Road concerning their interest in granting pathway easements. February 18, 1998 Regular City Council Meeting 8.1.2 FEMA Funding The City Manager noted that the Town was investigating obtaining FEMA funds for clean up of landslides from the storms. 8.1.3 Edgerton and LaCresta Landslides The City Manager noted that letters would be going out to affected residents on both Edgerton and LaCresta giving them a status report on the landslides. 8.1.4 Mid -Year Budget Report The City Manager commented that this report would be agendized for the March 4" Council Meeting. The landslide repairs would be handled with capital expenditures. 8.1.5 Los Altos Garbage Company The City Manager noted that the public hearing on solid waste issues was scheduled for Much 4". A mailing on this public hearing would be sent to all residents. 8.1.6 DeAnza Park The City Manager reported that the storm debris in the park would be cleaned up by the Santa Clam Valley Water District. ` 8.2 City Attorney 8.2.1 Landslides The City Attorney reported that she was working with staff on evaluating the landslides in Town. This evaluation included in part the issue of private vs. public property, geologist's reports, and the process. 8.3 City Clerk 8.3.1 Report on Council Correspondence 9. COUNCIL -INITIATED ITEMS 9.1 Letter requesting information regarding increased air traffic noise (Mayor Casey) It was agreed that Mr. Barton would be sent a copy of the letter written by Council earlier on this subject and that his letter would be sent to Marjorie Evans. 9.2 Internet (Councilmember Siegel) Siegel reported that he was taking a class on the internet at Foothill College and he might have some suggestions for the Town's webpage. He also recommended that the Town adopt a policy on the webpage. February 18, 1998 Regular City Council Meeting 9.3 Northwest Flood Control Advisory Committee (Councilmember Dauber) Dauber reported that she had attended a meeting of this committee earlier in the day. At that meeting there was discussion of whether to hold an election in November to continue benefit assessment countywide. 9.4 Cities Association (Mayor Pro Tem Johnson) Johnson reported that the Cities Association had received a report from the Santa Clara Valley Water District on their concerns about additives to gasoline. 9.5 Pathways Recreation and Parks Committee (Mayor Casey) Council agreed that the new liaison to the Pathways Committee would be Councilmember Hubbard. 9.6 Mr. and Mrs. Handley (Mayor Casey) Casey asked the City Manager to send a letter to the Handleys advising them of the Council's decisions regarding Lands of Wythe/Vitu. 9.7 Graffiti (Councilmember Hubbard) Hubbard requested the City Manager contact those responsible for removing the graffiti on the retaining wall at Saddle Mountain and the sound wall on Stonebrook. 10. PRESENTATIONS FROM THE FLOOR 11. PUBLIC HEARINGS 11.1 Request for a Site Development Permit for anew residence, Lands of Jain, 28510 Matadero Creek Lane The Planning Director referred to the following specific condition which was of concern to the applicants: "The applicant shall submit revised plans showing the main floor set back a minimum of five feet from the lower level wall plane, to the satisfaction of the Planning Director." He noted that this condition would reduce the floor area thereby giving the applicant more outdoor living area. Mr. Jain, applicant, noted that they had worked with the neighbors on their project and did not feel that the neighbors were impacted by the house. No one could see the back of the house particularly with the landscaping. He believed they had enough outdoor living area but did note that if the discussion of regulations pertaining to the Matadero Creek Subdivision determined that the second floor was not counted he would have more development area. Glenn Cahoon, applicant's designer, explained the design of the house noting that it stepped down or cascaded. He further noted it had been changed to a one-story house; the house had been narrowed; and the landscaping had been increased to lessen the visual impact on the neighbors. He also commented that the house was well articulated and there was no backyard exposure. February 18, 1998 Regular City Council Meeting The following addressed the Council in support of the Jain project without the requirement of setting back the main floor a minimum of five feet from the lower level wall plane: Mr. Finejad, 26650 Ascension Drive; Mr. Jim Basiji, 27880 Fawn Creek Court; Mr. Jim Noghrey, 27870 Fawn Creek Court and Mr. Mehta, 26677 Snell Lane. The following addressed the Council in support of the Jain project but with conditions as recommended by the Planning Commission which included the requirement of setting back the main floor a minimum of five feet from the lower level wall plane: Ruane Ernst, 28525 Matadero Creek Lane; Bob Lefkowits, 28515 Matadero Creek Lane; Charlie and Rick Ellinger, 28520 Matadero Creek Lane and Bill Riffle, 28525 Matadero Creek Lane. They believed the Planning Commission's recommendation followed the Town's design guidelines, addressed the neighbors' concerns, provided for the privacy of lot #4 (Lefkowits) and complied with the Town's regulations. Mrs. Jain, applicant, showed pictures of the proposed design. She noted that a complete redesign of their project would result if the condition was imposed to set back the main floor a minimum of five feet from the lower wall plane. In addition, no one could see the back of their home unless they were standing on their property. Mrs. Jain believed the issue of privacy should be a proactive one. She too understood the issue of privacy and they intended to increase landscaping, etc. However, she noted that Mr. Lefkowits had lived on his property for a couple of years and had not done any landscaping to protect his home from future development. Hubbard stated he could not see a good reason to impose the requirement of setting back the main floor a minimum of five feet from the lower level wall plane. He believed mitigation could be accomplished with landscaping. Concerning the issue of adequate outdoor living area, he noted that this would depend on the upcoming policy decision concerning regulations pertaining to the Matadero Creek Subdivision. Hubbard did note however that the plans showed different chimney heights and recommended that the lower side elevations be used. Hubbard also referred to the requirement for a deed restriction and recommended this be amended to pertain only to maximum floor area not maximum development area as there was a possibility this would be increased. Dauber believed the main issue was lack of outdoor living areas. There was an inappropriate proportion between house and outdoor living area. She believed the policy decision should be made first concerning the Matadero Creek Subdivision. Dauber believed the applicants were assuming they were going to be getting more development area when this policy decision was made and this may not be the case. Siegel supported the Planning Commission's recommendation. He also commented that the policy decision on Matadero Creek Subdivision may not be made for quite some time. Casey believed that because the Planning Commission had not seen a three dimensional rendering of the Jain's project they had misunderstood the issue. She thought the design of the house was well done and the Jams should not have to go through a redesign of the project. Casey also commented that the applicants believed they had enough outdoor living areas. Johnson did not see the necessity for the requirement of setting back the main floor a minimum of five feet from the lower level wall plane. He noted the applicants planned on increased landscaping and the owners of the lot next door (Lefkowits) could also put in extra screening. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed by the following roll call vote to approve the request for a site development permit for a new residence for Lands of Jain, 28510 Matadero Creek Lane, subject to the conditions of approval as recommended by the Planning Commission with the following changes: delete the following sentence in Condition #1: "The applicant shall submit revised plans showing the main floor set back a minimum of five feet from the lower level wall plane, to the satisfaction of the Planning Director." and in Condition #9 the deed restriction should apply only to maximum floor area, not maximum development area. February 18, 1998 Regular City Council Meeting y AYES: Mayor Casey and Councilmembers Hubbard and Johnson �r NOES: Councilmembers Dauber and Siegel 11.2 Discussion of the proposed Housing Element of the Town's General Plan and Adoption of Proposed Negative Declaration The Planning Director presented an overview of the Housing Element process. He noted that the Housing Element was required by State law to show how each city and county in California would attempt to meet region -wide targets for low, moderate, and above moderate income housing. The State's Department of Housing and Community Development (HCD) reviewed each proposed housing element and determined whether or not it complied with the statute. The Association of Bay Area Governments (ABAG) established targets for the Town of 224 new residential housing units for the 1988-1995 time period, with 99 of those to be affordable to low and moderate income households. According to State income level criteria, "affordable" units in Santa Clara County would need to rent for not more than $1,088 per month for a family of four to qualify as "low income" and not more than $1,288 per month to qualify as "moderate income". One emphasis of the draft Housing Element was to promote the construction of secondary dwelling units, which were currently permitted by the Town's Zoning Code, subject to certain restrictions. These units could be accommodated on most lots in Los Altos Hills with minimal impacts to neighbors, while providing a source of lower cost housing for rent, or for relatives, domestic workers, or guests. The Housing Element presumed that all secondary units are potentially affordable units, since they are limited to 1,000 square feet in size. Proposed programs in the Housing Element include: 1) an expedited review process for secondary units; 2) reduction or waiver of fees for secondary units; 3) low interest loans for building affordable secondary units; 4) for new home construction, reserving allowable floor area on each lot of sufficient size for a secondary unit, or requiring "in -lieu" fees for new home projects that do not include construction of secondary units; and 5) expanded public information regarding the Town's regulations for building secondary units. The Housing Element indicated that the Town produced close to the total number of housing units targeted by ABAG for the years 1988-1995, but not as many low and moderate income units as specified by ABAG. A stated objective of the Element was that the Town would encourage development of approximately 35 new secondary units to be created in the 1996-1999 time period. Casey asked if anything had been received from the State indicating they would accept secondary dwellings as affordable housing. The Planning Director noted that it appeared as though they would. Dauber stated that granny units were nationally accepted as affordable housing and the Town was a perfect community to use them as affordable housing. Amber Kelleher, 26970 Beaver Lane, inquired about changing the limitations on allowed square footage. They would be interested in a secondary dwelling but were maxed out on their development area. February 18, 1998 Regular City Council Meeting Jennifer Basiji, 27880 Fawn Creek Court, suggested altering the setbacks and conservation easements to accommodate secondary dwellings. Fred Osterland, 26238 Fremont Road, did not support exceptions being made for properties that had used all of their development area. He believed this would only result in a method to exceed allowed development on a lot. Hugh March, 13101 La Paloma, addressed the sewer issue and recommended expediting the process for secondary dwellings as an incentive. Tibor Fish, 26018 Todd Lane, recommended a change in the Town's Code to allow a secondary dwelling on a lot with one acre gross not net. Dot Schreiner, 14301 Saddle Mountain, supported the suggestion of a program that would further limit the size of secondary dwellings and would assure the relative affordability of secondary dwellings. Tom Sherlock, 27260 Sherlock Road, referred to existing structures on lots which were over the allowed 1,000 square feet for a secondary dwelling. He suggested those owners being allowed to use such structures as a secondary dwelling with the excess footage to be used for something like storage. He believed tearing down a structure was expensive and this would be a workable solution with little or no impact as the structure was already existing. Mr. Joachim Buchholz, 10450 Albertsworth Lane, asked for more information about the low interest loans. Lalla Carsten, 13761 La Paloma, recommended simplifying the secondary dwelling process and not making it such a hardship on residents. She referred to her own experience when her secondary dwelling was approved but she would not build it as it would result in making her lot less than one acre when the easements were taken. Jack Elmberg, 26731 Taaffe Road, recommended the process be made easier to obtain secondary dwellings including waiving fees and allowing encroachments into setbacks. Mr. Elmberg also recommended not obtaining input from neighbors on secondary dwellings. Council discussed the proposed programs in the Housing Element and agreed on the following programs: 1) an expedited review process for secondary units; 2) reduction or waiver of fees for secondary units; 3) expanded public information regarding the Town's regulations for building secondary units; 4) expanded public information program regarding secondary units to provide staff assistance in analyzing sites and reviewing files and plans in addition to providing brochures at the counter; and 5) modification of the Town's Codes to allow secondary units on lots of 1.0 gross acre rather than net acre with appropriate limitations on the net acreage size, slope of the lot, and the size of the secondary unit. Concerning number two above Council agreed that this should be a graduated reduction of fees depending on the size of the secondary unit thus encouraging the smaller units. Council did not agree with providing low interest loans for building affordable secondary units. They believed this was much too complicated a program for a small town to undertake. Dauber, Hubbard and Johnson supported the following program: "For new home construction reserving allowable floor area on each lot of sufficient size for a secondary unit or requiring `in -lieu' fees for new home projects that did not include construction of secondary units." Dauber suggested `of sufficient size' mean lots with maximum floor area greater than 6,000 square feet. February 18, 1998 Regular City Council Meeting Council agreed that the zoning ordinance should not be compromised to address the housing issue. Setbacks should not be changed nor should allowances be made in development area. In addition the option of allowing increased square footage for existing structures should not be allowed. Casey did comment that a resident could apply for a variance if there were special circumstances. Council also concurred on the following policy statement: "Assure that proposed secondary units would be subordinate to the main residence and are not located to give the appearance that the parcel has been subdivided." PASSED BY CONSENSUS: To direct staff to bring back the housing element and resolution at the March 18' Council Meeting with Council's comments incorporated in the document. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 11:45 p.m. Respectfully submitted, Patricia Dowd f City Clerk The minutes of the February 18, 1998 Regular City Council Meeting were approved at the March 4, 1998 City Council Meeting. February 18, 1998 Regular City Council Meeting 10