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HomeMy WebLinkAbout04/03/1991 (2) Minutes of a Regular Meeting '"'ter April 3, 1991 Town of Los Altos Hills City Council Meeting Wednesday, April 3 , 1991, 7:15 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Siegel called the Regular Meeting of the City Council to order at 7:15 p.m. in the Council Chambers at Town Hall. Present: Mayor Siegel and Councilmembers Hubbard, Johnson, and Tryon Absent: Councilmember Casey Staff: Acting City Manager Richard DeLong; City Attorney Sandy Sloan; Director of Public Works Bill Ekern; Planning Consultant Margaret Netto and City Clerk Pat Dowd Press: Cristal Borlik, Los Altos Town Crier Mayor Siegel noted that Item 6.4 on the agenda had been continued to the next Council Meeting and Item 10.2a would be discussed with Item 6.3. 2. APPOINTMENTS AND PRESENTATIONS 2.1 Presentation by Assistant Chief Stu Farwell on Los Altos County Fire District Issues Stu Farwell, Los Altos Fire Department, addressed the Council concerning the options of upgrading the El Monte Fire Station or building a new fire station at the southwest corner of Parking Lot A at Foothill College. To upgrade would cost approximately $500-600,000 and even with the upgrade it would not meet today's earthquake designs. To build a new station would cost approximately $1 million. A public hearing would be held late May or early June to make a decision. On the subject of joint efforts, Mr. Farwell noted that a study was underway and the affected cities, Los Altos and Mountain View, would be contacted after the study was completed. 3. PLANNING COMMISSION REPORT iblorApril 3, 1991 1 Commissioner Pahl reported that the following issues were discussed at the 3/27/91 Planning Commission Meeting: 1) the visual impact and mitigation thereof of the cable tv site as related to color and structure. It was agreed Commissioner Ellinger would meet with representatives of Sun Country Cable to discuss these concerns. 2) Lands of Wong, approved variance to maximum development area to allow a 547 square foot deck addition. Commissioner Pahl noted that this approval was made in part because of the timing of the Wongs' plans (They had been submitted under the urgency ordinance.) and that the lot had no outdoor living space. Council questioned this issue of no outdoor space, noting that Mr. Wong had been advised and understood that his plans used all of his development area. Siegel stated that Council wanted to see every new home and major remodel. He cited the recent example of Lands of Yu which the Council had not seen and he believed the Council had the right to see every new home. Hubbard suggested the Town's ordinances be strictly adhered to but not impose another layer of bureaucracy. Tryon stated that she did not believe another two weeks was too much of a delay and believed it was a check and balance period. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously by all members present to provide the following L direction to staff: It shall be Council policy that every new primary and ` secondary dwelling and major remodel be placed on the Consent Calendar for Council review. This does not include denials, just approvals by the Site Development Committee and Planning Commission. 4. CONSENT CALENDAR Items Removed: 4.3a) (Tryon), 4.4 (Paul Nowack), 4.5 (Betsy Bertram) and 4.6 (Tryon) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously by all members present to approve the balance of the Consent Calendar: 4.1 Approval of Warrants: $77,556.46 (3/29/91) 4.2 Proclamation - Los Altos High School Main Street Singers Items Removed: 4.3 Consideration of Whether To Concur with or Review the following Planning Commission Action at Its Meeting on March 27, 1991: L April 3, 1991 2 ` 4.3a Approval of Variance to MDA, 547 square foot deck addition, Lands tar of Wong, 11675 Dawson Drive PASSED BY CONSENSUS: To appeal the Planning Commission's approval of a variance to the maximum development area to allow for a 547 square foot deck addition and to schedule for a public hearing at the next Council meeting to allow the Council the opportunity to review the project. 4.4 Acceptance of Conservation Easement on Lands of Eshner, Altamont Road Paul Nowack, applicant's engineer, referenced the conservation easement and noted that the map rejects the easement. The easement was never offered, accepted and has been rescinded. He suggested negotiation as they could offer more easement in better areas of the land. Tryon did not believe acceptance of the conservation easement was necessary at this time as the Town had the easement whether or not this action was taken. The City Attorney responded that she believed it would be more appropriate to accept the easement at this time and this would not preclude future Council actions. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Stir Johnson and passed unanimously by all member present to adopt Resolution #13-91 accepting conservation easement on Tract No. 4897. 4.5 Request from Bullis School PTA to use Westwind Barn for School Function Betsy Bertram, 11854 Page Mill Road, asked why this request was coming before the Council and if the Westwind Barn Board was aware of the request. Staff noted that according to the lease such requests needed to go before the Council and a letter had been received from the Board of Westwind Barn with their approval of the request. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously by all members present to approve the request from Bullis School PTA to use Westwind Barn for a Father/Daughter night on May 1, 1991. 4.6 Encroachment Permit for Construction of a Sanitary Sewer in L Purissima and Concepcion Roads, Lands of Wheatley -- Reso # 4 ir April 3, 1991 3 PASSED BY CONSENSUS: To continue this item to the April 17, 1991 Council ilraw Meeting and discuss it at the same time as the public hearing on Lands of Wheatley, appeal of Planning Commission's denial of a variance for a secondary unit to exceed the 1,000 square foot limitation of the zoning code by 100 square feet. 5. PRESENTATIONS FROM THE FLOOR 6. PUBLIC HEARINGS 6.1 Appeal of Planning Commission's Approval of a Driveway, Lands of Sun, 12444 Robleda Road Hal Nissley, applicant, commented that there were several aspects of this issue including the court order between he and his neighbors, the fact that he wants the Suns to be happy with the circular driveway and the legal issues. He stated that he had the easement rights to the property and the right to repave what was previously there. He had invited everyone to view the site for themselves but only Commissioner Pahl came. Paul Smith, applicants attorney, stated that no reference should be made to the litigation issue. He stated that the driveway serves the Nissley property and he was denied the opportunity to repave what was there. There were L three areas of concern: berms, width and location. Concerning the berms, �✓ they prevented two standard size vehicles from passing each other and they also created a runoff situation which was artificial rather than natural. They were requesting that the berms be removed. Regarding the width of the driveway they felt it should be 16' wide. It was narrower now and it was serving two houses. On the matter of location they believed the paved portions of the driveway should be close as possible to the driveway which is where they were before. They had no objections to the Suns using the driveway but they wanted it to be safe. Hal Nissley, applicant, stated that he was all in favor of the circular driveway but the question was what could be done in the easement. He wanted to repave what was paved before and did not care what the Suns did outside the easement. The City Attorney stated that the owner of the property needed to apply for the permit and the Suns were the owner. The easement was on top of the driveway. Max Blasch, previous owner of easement, stated that his neighbor wanted to go around the palm tree so he could not pave at the time. He supported the Suns' position. thie April 3, 1991 4 Jerry Clements, applicant's engineer, commented on the turning radius of the �lr driveway and asked for a practical field test with neutral parties driving vehicles which would result in a report on whether or not the 24' turning radius was appropriate. Hal Nissley, applicant, noted that the Planning Consultant had approved his request to pave the driveway but then had removed the approval. The Planning Consultant noted that she had been advised that only the property owner could apply for the permit. Paul Nowack, representing the Suns, commented on the berms and stated that they collected water and prevented erosion. On the subject of the turning radius, he noted that the Lincoln Town Car needed a 20' radius and their driveway had four more feet than that. Mr. Sun, 12440 Robleda Road, stated that they had moved in three years ago and had been trying since that time to complete the driveway and the landscaping but they had been blocked by their neighbor. They had submitted plans for the circular driveway but had been taken to court by the Nissleys. They believed the driveway was safe and sound and the neighbors and the city wanted them to complete the landscaping. Tim Hopkins, Suns' attorney, noted that the repaving of the driveway outside the easement would need a permit. Gordon Strom, Los Altos Hills resident, stated that he had a Lincoln Town Car and had no problem making the turn on the driveway under discussion. Council discussed the issues that had been raised and also reviewed the drawings of the driveway including the upper and lower portions. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to deny the appeal of the Planning Commission's approval of a driveway for Lands of Sun, 12444 Robleda. 6.2 Resolution Determining That a Major Remodel and New Construction Should Be Treated the Same As Far As Building Permits Are Concerned MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed unanimously by all members present to adopt Resolution #14- 91 determining that a major remodel and new construction should be treated the same as far as building permits are concerned and to change the fee schedule to reflect the treatment of major remodels as equivalent to new construction in terms of impact on public infrastructure. April 3, 1991 5 6.3 Ordinance Amending Chapter 1 (Zoning) of Title 10 (Zoning and Site Development) to clarify Article 4 (Nonconforming Uses and Structures) (FIRST READING) Council had before them an ordinance which would clarify that nonconformities must have been legal at the time of their construction. According to the Director of Public Works' staff report, the goal of this ordinance was to disallow people from covering their property with non- permitted structures, for example, and then claiming them as existing non-conformities when they go to redevelop. The Planning Commission made the following recommendations for changes to the proposed ordinance: Section 10-1.401 Nonconforming Structures: " . . .result in an increase in the nonconformity or change of use in the nonconformity." and Section 10-1.406 Nonconforming Uses: Maintenance: " . . .however, no structural alterations or change of use in the nonconformity." Timothy Tang, 26638 Purissima Road, referenced several sections of the Code including 10-1.401, 10-1.405 and 10-1.406 and recommended that the uses of the structures be looked at as well as the square footage. He also commented on structural alterations and repair to damage. He commented that the Wheatley request for a secondary unit to exceed the y1 1,000 square foot limitation was only two feet from his property line. Mr. Tang supported the Planning Commission's recommendations to the ordinance. Siegel suggested site development approval for non-conforming uses and Tryon stated that it was important to look at intent of Site Development Ordinance. It was clearly the intent that all primary and secondary dwellings go through Site Development as well as reconstructions. Johnson suggested deleting the words "in the nonconformity" in the recommendations from the Planning Commission. The City Attorney stated that she believed the changes in the ordinance were sufficient to cover site development being required for all new dwellings or reconstruction of non-conforming structures. Dan Siedel, 26642 Purissima, supported proposed changes to the ordinances. He referenced the Town's original "green sheet" and noted the ability for residents to walk around their property. He also shared copies of pictures of non-conforming structures in the Town. Stephanie Munoz, 13460 Robleda, stated that she believed the time to deal with nonconforming structures was when the house was sold. There were no controls over rental properties and this could be a major impact on a April 3, 1991 6 ( person's property if the secondary dwelling is near a property line. Mrs. ♦r Munoz also expressed her concerns about building out on a property and noted the importance of fairness. Betsy Bertram, 11854 Page Mill Road, asked if a change in the footprint or roofing of a secondary unit required site development and was advised that it did. She also supported the recommendations made by the Planning Commission. She did not agree with the policy that if a nonconforming structure was destroyed it could be rebuilt as it was even if that was in violation of the Town's ordinances. Hubbard commented that the Rebuilding/Building Out Subcommittee had not recommended such changes and had not discussed secondary dwellings. Shari Emling, 11853 Murietta Lane, recommended that the Council cover all the bases and use careful wording; the ordinances need to have integrity. Max Brown, 12670 Dianne Drive, supported the ordinance changes. He was not aware that units could be rented and expressed concern about what actions could take place on properties in Town. Bill Avalini, 26640 Purissima Road and Sue Tang, 26638 Purissima Road, stated that they were concerned about the Wheatley application and supported �r the ordinance changes. Ed Hager, 26656 Purissima, supported changes in ordinance and noted that they as well as many of their neighbors could conceivably change their barns to secondary dwellings. Mr. Wheatley, 26644 Purissima, believed it was unfair that his application was being discussed during this meeting but was not officially on the agenda. He objected to his being given direction by staff and then having the project objected to. He believed he was in line with the Town's ordinances and was willing to mitigate problems. Regarding the urgency ordinance Mr. Wheatley stated that if this were adopted, he would be deprived of what he could do on his property. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously by all members present to approve the following changes to the proposed ordinance: Section 10-1.401 Nonconforming Structures: " . . .result in an increase in the nonconformity nor change of use."; Section 10-1.406 Nonconforming Uses: Maintenance: " . . .however, no structural alterations nor change of use."; Section 10-1.405, change act of God to Act of God; and Section 10-1.406, amend to read as follows: " . . . .as 411/ April 3, 1991 7 required by law or ordinance or authorized by the Planning Commission by a conditional use permit." MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously by all members present to waive further reading of ordinance. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously by all members present to introduce ordinance amending Chapter 1 of Title 10 to darify Article 4 (Nonconforming Uses and Structures). 6.4 Site Development Permits for Conversions of Existing Buildings to Secondary Dwellings Council had before them the City Attorney's report dated 3/22/91 which included the following statement. "If a structure is allowed to remain in existence, even though it is nonconforming, and a secondary dwelling is a permitted use, then a nonconforming structure may be used as a secondary dwelling without a site development permit. If this conclusion is not one the Council intended, the Council might wish to consider adopting an urgency interim ordinance prohibiting the use of nonconforming structures as secondary dwellings while the Council and the Planning Commission study the matter." MOTION SECONDED AND FAILED: Moved by Johnson, seconded by Siegel and failed by the following roll call vote to add consideration of an urgency interim ordinance amending Chapter 1 (Zoning) of Title 10 (Zoning and Site Development) with regard to nonconforming structures to the agenda. AYES: Mayor Siegel and Councilmembers Johnson and Tryon NOES: Mayor Pro Tern Hubbard ABSENT: Councilmember Casey It was noted that a four-fifths vote of the Council was required to add an issue to the agenda as an urgency item. Hubbard stated that he voted against adding this ordinance to the agenda as he believed Mr. Wheatley should be allowed to be present at the meeting at which it was discussed as it directly affected his project. It was agreed the urgency ordinance would be placed on the next agenda at which time Mr. Wheatley's public hearing was scheduled to be heard. April 3, 1991 8 L 6.5 Appeal of Planning Commission's Denial of a Variance for a Secondary Unit to Exceed the 1,000 Square Foot Limitation of the Zoning Code by 100 Square Feet, Lands of Wheatley, 26644 Purissima Road This hearing has been continued to the April 17, 1991 Council Meeting. 7. UNFINISHED BUSINESS 7.1 Request from Larry Anderson for Reconsideration of Denial of Request For Waiver of Fees Mr. Anderson, 13021 West Sunset Drive, addressed the Council concerning his request for waiver of fees. He explained he had submitted his plans in September of 1989 and they were approved in November of that year. He had been unable to get the work done by the time the permit had run out and had requested and received an extension. He did not believe, however, that the additional staff work resulting from this extension should result in a $200 charge. 4` Siegel explained the fee schedule to Mr. Anderson and noted that the Town covers the cost of such applications. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously by all members present to not grant the request for waiver of fees for Lands of Anderson. 8. NEW BUSINESS 9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 9.1 Continued discussion of Pathway Issues: Review detailed mapping project for a specific area -- Presentation by Pathways, Recreation and Parks Committee Council had before them the area maps A and B covering on and off road paths in the Page Mill, Arastradero Road section of Town, as prepared by the Chairman of the Pathways, Recreation and Parks Committee. A discussion was held on the importance of signing these paths and Hubbard suggested labels for some rather than using the posts. The Director of Public Works stated he would look into this option. April 3, 1991 9 Betsy Bertram, 11854 Page Mill Road, noted that the paths for Hidden Villa are fie color coded. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed unanimously by all members present to approve the area maps for A and B as prepared by the Chairman of the Pathways, Recreation and Parks Committee, with the following amendments: Area A - delete the sign for the off road path behind 28001 Arastradero Road and add a sign for the Page Mill entrance to Matadero Creek; Area B - add a sign for 27840 Via Felice. (These reports are on file at Town Hall.) Dot Schreiner, Chairman - Pathways, Recreation and Parks Committee, raised the issue of the Carse easement on Taaffe Road and asked that this issue be discussed by Council. It was agreed this item would be agendized and the Carses and the neighbors would be notified of the meeting. 10. STAFF REPORTS 10.1 City Manager 10.1a Report on Current Status of Yard Waste Collection Program The Acting City Manager reported that a financial problem had resulted as r+ a result of the free yard waste dropoff. Under the terms of the contract with the Los Altos Garbage Company they would dispose of four debris box loads per week at no additional charge to the Town. Above that there is a $250 charge per box. The cost had steadily increased over the months with the February bill being $11,000. As there was no good way of assuring that the people using this free service were from the Town, it was difficult to control the costs. He did have several suggestions to help solve the problem, such as limiting the size of the trucks, changing the hours of operation, compacting the materials, using coupons and limiting free service to residents only (requiring a driver's license for identification purposes). John Angin, Los Altos Garbage Company, noted that while it was good to take so many boxes of debris away, he did not believe it was all generated from the Town. He also noted that the Town still had the four clean up days throughout the year. Mr. Angin commented that they could prepare a flyer with any changes to the program that Council might make. The Director of Public Works commented that the Town was really paying for air as the clippings took a lot of room but had little weight. 1111, April 3, 1991 10 ` He suggested that compacting the material would allow for or much more to be put in the boxes. Fred Montgomery, 27855 Black Mountain Road, noted that he did not know about this service but he was sure that if driver's licenses were required the costs would be cut in half. Fabian Garces, 26111 Elena, concurred with the recommendation that the materials be compacted and suggested that the Town chip the materials for residents use. In response to this it was noted that this had been discussed but there was no good place to put a chipper which was a noisy process. Stephanie Munoz, 13460 Robleda, asked that she be advised of a review of all solid waste programs. She believed there had been inadequate notice regarding the recycling program. She recommended contacting Palo Alto regarding their programs and also suggested a portable mulcher as a possible solution. Mrs. Munoz believed the Town would be better served if the garbage company picked up the clippings and residents took care of the bottles, newspapers, etc. Betsy Bertram, 11854 Page Mill Road, asked Council to review the recycling program as related to costs per can. PASSED BY CONSENSUS: To begin a program on Wednesday, April 17th for the free yard waste dropoff which would include the following: limited to residents only (driver's license required as proof of identification); days changed to Wednesday to Sunday; trucks limited to a certain size; and materials compacted to six foot lengths. A flyer would be prepared for all customers and a notice would be included in the environmental mailing going to all residents. In addition the Acting City Manager would report back to the Council the second meeting in May. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously by all members present to go past the 11:30 p.m. hour of adjournment. 10.2 City Attorney 10.2a Site Development Permits for Conversions of Existing Buildings to Secondary Dwellings This matter was discussed earlier in the meeting. April 3, 1991 11 10.3 City Clerk 11. COUNCIL-INITIATED ITEMS 11.1 Discussion of Potential Threat to the Health and Safety of Los Altos Hills Residents Imposed by the Possible Installation of Flow Restrictors by the Purissima Hills Water District, and Other Water Related Issues. Tryon stated that she brought this issue to the Council so that it could be discussed openly and because of her respect for the residents of the Town and her concerns regarding fire safety. Joan Schlenz, 13551 Paseo del Roble, commented that her home had been threatened in the 1985 fire and if they had had flow restrictors they would not have been able to wet the roofs and help their neighbors. The response time from the Fire Department was not particularly good and she thought the use of flow restrictors was a poor idea. Dan Seidel, Director - Purissima Hills Water District, addressed the water concerns and stated that flow restrictors would be used only for those who did not care about conserving water. He asked Council for their continued cooperation and noted that the next Board Meeting of the Water District was scheduled for Wednesday, April 10th at which time they would be discussing the issue of fire hazards raised by Councilmember Tryon. Fred Montgomery, 27855 Black Mountain Road, thanked Councilmember Tryon for bringing this problem into focus and noted that although they would never have a flow restrictor because they conserve their water, one never knew if all the neighbors were as careful and that was a concern. Fabian Garces, 26111 Elena, thanked Councilmember Tryon for bringing this issue forward and questioned how an arbitrary number of gallons of water could be set when there were variable factors involved such as amount of landscaping and the number of the people in the household. Shari Emling, 11853 Murietta Lane, commented on the punitive action and arrogance of the Purissima Hills Water District and suggested that if they had 500 flow restrictors they better have good liability insurance. Betsy Bertram, 11854 Page Mill Road, asked that a representative from the Purissima Hills Water District report to the Council at Council Meetings so that everyone could be kept up to date on the issue. She also inquired whether flow restrictors were legal and suggested that landscaping bond requirements be adjusted. April 3, 1991 12 Dennis Riches, 27874 Via Corita, stated that outside water was the issue not inside water use. He did not see a problem with people paying more if they used more water as the Town's percentage of the overall water use was so small. Siegel stated that flow restrictors would be used only as a last resort but he did question why the Water District had 500 of them on hand. Tryon stated that Los Altos Hills was not like other communities in that there was a real fire concern. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to ask the Purissima Hills Water District to reconsider use of flow restrictors because the potential of fire danger is high in Los Altos Hills and to ask them to consult with the Fire Marshall and Fire District in Los Altos. 12. ADJOURNMENT There being no further new or old business to discuss, the meeting was adjourned at 12:15 a.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the April 3, 1991 Regular City Council Meeting were approved at the April 17, 1991 Council Meeting. April 3, 1991 13