HomeMy WebLinkAbout08/17/2000 Minutes of a Regular Meeting
August 17, 2000
Town of Los Altos Hills
City Council Regular Meeting
Thursday, August 17, 2000, 6:00 P.M.
Council Chambers, 26379 Fremont Road
1. CALL TO ORDER AND ROLL CALL
Mayor Finn called the Regular Meeting of the City Council to order at 6:10 p.m. in
the Council Chambers at Town Hall.
Present: Mayor Finn and Councilmembers Casey, Cheng, Dauber and
Johnson
Absent: None
Staff: Acting City Manager Bob Quinlan, City Attorney Sandy Sloan,
Acting Planning Director Carl Cahill, Public Works Manager
Jim Rasp,Associate Engineer Ola Balogun and City Clerk Pat
• Dowd
Press: Shobha Rao, Los Altos Town Crier
2. APPOINTMENTS AND PRESENTATIONS
2.1 Appointment to the Safety Committee
Nobuko Cleary, 26410 Silent Hills Lane, expressed her interest in serving on the
Safety Committee. She wanted to contribute to the Town and she also had some
experience in dealing with earthquakes which she thought might be beneficial to
share.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and
passed unanimously to appoint Nobuko Cleary to the Safety Committee for a four
year term.
3. PLANNING COMMISSION REPORT
The Planning Director reported on the following items from the August 9, 2000
Planning Commission Meeting: 1) Lands of Campbell and Ligeti, 13902 Campo
Vista: approved request for a site development permit for an addition, remodel, pool,
tennis court, workshop and secondary dwelling unit and a variance to exceed the
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maximum height; and 2) recommended approval of ordinance amending Sections 10-
1.1109
0-1.1109 and 10-2.1313(b) of the Municipal Code regarding appeals from decisions.
4. CONSENT CALENDAR
Items Removed: 4.1 (Dauber), 4.2 (Dauber) and 4.7 (Public Works Manager)
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Cheng
and passed unanimously (with Dauber abstaining on Item 4.9) to approve the balance
of the Consent Calendar, specifically:
4.3 Approved grant of Conservation Easement, Lands of Montebello
Development, 27855 Moody Road—Reso#56-00
4.4 Approved response to Civil Grand Jury Report
4.5 Awarded contract for the sanitary sewer repair project—Reso #57-00
4.6 Awarded contract for the pavement and storm drainage improvements
project CIP99-00 and amendment to capital improvement budget
—Resolutions#58-00 and#59-00
4.8 Adopted Resolution establishing standing committees and adopting
general and special rules pertaining thereto—Reso#60-00
4.9 Approved site development permit for a new two-story residence,
Lands of Noghrey, 27935 Roble Blanco Court(Fast Track)
Items Removed:
4.1 Approval of Minutes: July 20, 2000 (Regular Meeting)
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Casey and
passed unanimously to approve the minutes of the July 20, 2000 City Council
Meeting with the following corrections: page 2, Item 2.2, add the following to the first
paragraph: "Dauber expressed a desire to first interview the applicants noting that the
committee would not be able to meet until there was a third applicant anyway."; page
4„ Item 4.9, add the following to the second paragraph: "The City Attorney reported
that the applicants had opted to dedicate the same amount of land that they were
removing from conservation easement when they learned that to vacate an easement
was a complicated process but to relocate an easement (a summary vacation) was
relatively simple. The Acting Planning Director noted that according to the
applicants' engineer the area where they were planning to put in the conservation
easement was 30% slope. In addition he noted that in the absence of Planning
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Commission findings and discussions and in the absence of mitigating measures
regarding the particular size of the conservation easement over the drainage swale,
there seemed to be no basis for the size of the conservation easement and it seemed
reasonable to move it. Also, the Acting Planning Director pointed out that the intent
of the applicants was to free up the front of the lot which was flat land and the
conservation easement would remain over the drainage swale just reduced in size.
The City Engineer stated there were two reasons why the conservation easement was
originally requested: slope over 30% and areas over drainage swales."; and page 11,
add the following to the end of the first motion: "Dauber pointed out that in case of
fire, access would most likely be from the bottom of the hill and it might be possible
to have a narrower driveway from the top if fire access was available from the
bottom."
4.2 Approval of Warrants: $524,793.68 (7/1/00—8/10/00)
Dauber inquired about the microfiche charge and asked if this information was also
being retained on disks. The Public Works Manager responded that this microfilming
was being done of the sewer records which was a different process than the other
microfilming at Town Hall. Dauber also inquired about the business cards and was
advised that blank card stock was ordered in bulk which reduced the cost when
ordering individual cards. She also noted that staff had been requested to highlight
the consulting costs for Wilsey and Ham and she asked if Council thought this was
still necessary. Council did not. Casey asked what SMS Consulting stood for and
was advised that it was Susan Stevenson's consulting firm who did planning
consulting for the Town.
PASSED BY CONSENSUS: To approve the warrants in the amount of$524,793.68.
4.7 Adoption of resolution adding a fee to the Town's fee schedule for an
in-lieu payment when pathway construction is required—Reso #
The Public Works Manager commented that the proposed $33.00 in lieu fee did not
cover the actual costs that the Town incurred when putting in a path. The actual cost
was $66.00 per lineal foot. Casey stated that she thought the impact fee and the in lieu
fee should be the same. The Acting City Manager noted that this was a temporary
measure and he would be bringing a complete report back to the Council at the second
meeting in September or the first meeting in October.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and
passed unanimously to adopt Resolution #61-00 adding a fee to the Town's fee
schedule for an in-lieu payment when pathway construction is required.
5. UNFINISHED BUSINESS
5.1 Request from Planning Commission for clarification of direction
concerning the community survey
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Carl Cottrell, Chairman of the Planning Commission, asked Council for clarification
concerning the Town Survey. He asked if Council could be more specific as to what
they would like to see in the survey and what the objective of the survey was. He
also asked if the Land Use Committee which had been established to formulate such a
survey was still active.
Casey stated that the objective of the survey was to find out what residents thought
about land development issues. She felt the present survey was biased. Casey
suggested that the Planning Commission test the present survey on ten people to
ascertain if it was a useful working document. Did the answers help? Did they make
sense? Finn concurred stating that the answers should be measurable and quantifiable.
Dauber thought that the comments on the draft survey from the Council and the
Commission were going to go back to the Land Use Committee. Council agreed that
the primer was a good educational tool whether used with the survey or at Town Hall.
Council also agreed that local demographics were not needed in the survey.
MOTION FAILED DUE TO LACK OF A SECOND: Moved by Dauber and failed
due to lack of a second to send the comments of the Council and the Planning
Commission on the survey back to the Land Use Committee.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and
passed by the following roll call vote to bring the draft survey back to the Council
after Planning Commission review.
AYES: Mayor Finn and Councilmembers Casey, Cheng and Johnson
NOES: Councilmember Dauber
Sharyn Brown, member of the Land Use Committee, stated that per the Council's
direction the Town had hired a consultant to work on this issue with the committee
and the committee was comprised of representatives from different groups as well as
appointments made by Council. She was surprised that Council now did not appear
to think the Land Use Committee was representative of the Town's interests.
5.2 Approval of goals and objectives for Fiscal Year 2000-01
Council discussed the objective of beginning an annual council/staff weekend retreat
and was advised by the City Attorney that according to State regulations this retreat
would have to take place within the Town's jurisdiction and would have to be open to
the public.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and
passed unanimously to adopt the following goals and objectives for Fiscal Year 2000-
01.
s
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Goal#1: The timely and cost effective delivery of necessary and desirable services
for the residents.
Goal#2: Maintenance of a set of codes and policies that preserve the desirable
attributes of the Town,provide for prudent, orderly growth and contribute
to good
government.
Goal#3: Maintenance and improvement of the infrastructure consistent with the
character of the Town.
OBJECTIVES:
a) Fill positions authorized by the budget of city manager,planning director
and city engineer. (6 months)
b) Remodel or rebuild town hall. (2 years)
c) Begin annual council/staff weekend retreat. (This should be done after the new
city manager is hired.)
d) Develop a long range sanitary sewer replacement including a specific five year
plan of replacement and projected funding. (2 years with 5 year CIP)
e) Develop a long range sanitary sewer extension plan with strategy developed to
make the process of creating reimbursement districts understandable and easy to
implement. (1 year)
f) Reduce maintenance costs and improve roadside paths through use of better
materials. (1 year)
g) Develop a plan for new path construction each year along the side of roads where
no paths now exist. This should also be in a five year capital improvement
program including financing for one year and projected funding for the
remainder. (2 year with five year CIP)
h) Determine the feasibility of undergrounding utilities throughout the town by
supporting the Utility and Information Systems Committee. (No time limit has
been set for this objective. Town Council may have to appropriate additional
funds.)
i) Investigate, propose and enact ways to reduce time and costs related to the
building process. (Staff could perform this task once a full complement of
staff is appointed.) (1 year)
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j) Complete update of General Plan Land Use Element. Evaluate and revise as
necessary the Town's land use and development ordinances, policies and design
guidelines for objectivity and consistency with the General Plan goals, objectives,
principles and standards. (1 to 2 years)
k) Complete the General Plan Housing Element and Circulation Element
Implementation Programs by adopting the recommended ordinances and
amendments (1 year)
1) Review all planning and building fees in conjunction with objective (i)
above. (1 year)
m) Complete the town survey. (6 months)
n) Facilitate the provision of quality cable and highspeed dsl service. (No projected
timeline)
o) Update Town address map. (Staff— 1 year)
p) Develop Storm Drain Master Plan. (2 year with CIP)
q) Develop a Five Year CIP (Capital Improvement Program)that will provide
• funding projections as well as specific improvement projections. The plan should
include storm drains, sanitary sewer replacement, street maintenance and pathway
construction and maintenance. (Consultants would probably be necessary in the
beginning but once underway a full complement of staff should be able to update
the program each year.) (2 years)
6. NEW BUSINESS
6.1 Request from the City of Los Altos for Library Commission Survey
Funding
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Cheng
and passed unanimously to approve the request from the City of Los Altos for $2,050
to participate in the Library Commission Survey.
7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
7.1 Discussion of Joint Volunteer Awards Committee — Letter to Los Altos
Mayor Moss
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• Johnson referred to his 4/00 letter to Los Altos Mayor Moss asking that Los Altos
Council reconsider the proposed amendment of the charter of the Joint Volunteer
Awards Committee deleting the limitation on committee members that they may serve
for a maximum of two years on the committee. He asked Council for support in
contacting Los Altos and urging their action on this matter. The volunteer luncheon
was approaching in December and he was concerned that it the charter was not
changed there would be few committee members to put the event together.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber
and passed unanimously to ask the Mayor to contact the Los Altos Mayor as soon as
possible and ask him to reconsider the amendment to the charter without delay. The
Mayor was also asked to reaffirm the Council's approval of this amendment.
7.2 Safety Committee
Johnson reported that an article was going into the newsletter on the recent incidents
of check robberies from mailboxes in Town.
7.3 Valley Transportation Authority Policy Advisory Board
Cheng reported that she had attended a meeting of the Board earlier in the month.
The major topic of conversation had been the subject of BART extending from
Fremont to San Jose. In addition the Board discussed the phasing out of diesel buses
by 2010.
7.4 Recreation and Parks Committee
Cheng noted that she had attended the Recreation and Parks Committee Meeting.
They were making great accomplishments in implementing the summer recreation
programs.
8. STAFF REPORTS
8.1 City Manager
8.2 City Attorney
8.3 City Clerk
8.3.1 Report on Council Correspondence
Council asked staff to provide more information on the letter from the American Lung
Association's requesting support of a wood smoke ordinance as proposed by the Bay
Area Air Quality Management District.
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MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Casey and
passed unanimously to endorse the Valley of the Heart's Delight October 28th
community event.
PASSED BY CONSENSUS: To direct the City Clerk to send letters to the Los Altos
Hills members of the Los Altos Senior Center notifying them of a vacancy on the
Center's Board of Directors resulting from the resignation of Ramona Chown.
9. COUNCIL-INITIATED ITEMS
9.1 Discussion of whether or not carports should count in floor space
(Mayor Pro Tem Casey)
PASSED BY CONSENSUS: To send this item to the Planning Commission for a
public hearing.
9.2 Discussion of increased setbacks for homes with a maximum floor area
greater than 6,000 square feet(Mayor Pro Tem Casey)
Joseph Limber, 26498 Ascension Drive, asked Council to consider what happens
when lots are combined and the large home is then placed all on one lot. He noted
concern about the potential impact on the neighbors.
PASSED BY CONSENSUS: To send this item to the Planning Commission for a
public hearing and to direct that a Town-wide mailing be sent notifying residents of
the hearing.
10. PRESENTATIONS FROM THE FLOOR
Roy Woolsey, 26649 Snell Lane, reported on a noise problem coming from an air
conditioning unit on his neighbors property. The unit had not been on any plans his
neighbor had shown the neighbors of his project and it extended into the setback. Mr.
Woolsey stated that it was quite loud and could clearly be heard when they were on
their patio and other places on their property. He asked that the Council clarify the
current ordinances to make sure that such pieces of equipment could not be located in
setbacks. The Planning Director reported that he was aware of this issue and the
neighbor was willing to correct the situation. He would report back to Council on the
status of this matter.
Paul Simon, 12271 Windsor Court, commented on the land use and development
issues and questioned where you stopped allowing increased development.
Dr. Howard Martin, former resident of Los Altos Hills, commented that he believed
the actions being taken by Council now would impact what the Town would look like
twenty to forty years from now. Would the emphasis still be on open space, setbacks
and wonderful waterways?
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Victor Vanduzer, 12177 Winton Way, asked Council if they would review the issue
of parking on paths or shoulders of roads. He lived on a steep lot and had received a
ticket when parking some equipment on the lower part of his lot where his garden was
located. He had pulled the vehicle over to the side of the road but it was considered
to be on the path. Council asked staff for a report on this at the next Council Meeting.
Richard Lamparter, member of the Land Use Committee, commented that the
committee had been charged to put a questionnaire together to find out how the
residents felt about the Town. Although there were differing opinions on the
committee they had worked together to attain their goal. He now questioned why he
had bothered to volunteer at all with the Council disbanding the committee.
11. PUBLIC HEARINGS
11.1 Request for approval of a two-lot subdivision and proposed mitigated
negative declaration, Lands of Cottrell, 13480 North Fork Lane
Dauber raised the issue of the permissive path on this property and suggested a path
link to Middle Fork.
Diane Barrager, member of the Pathways Committee, referred to the narrow path on
Page Mill Road and the need for a path in this area.
Council agreed that this path issue could be discussed when the large bottom lot came
in for subdivision.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and
passed unanimously to adopt the mitigated negative declaration and the mitigated
monitoring program for the Lands of Cottrell, 13480 North Fork Lane
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and
passed unanimously to approve the proposed tentative parcel map for a two-lot
subdivision, Lands of Cottrell, 13480 North Fork Lane, subject to the conditions of
approval as recommended by the Planning Commission and based on the findings
made by the Planning Commission.
11.2 Resolution ordering the reorganization of certain inhabited territory
designated as Amigos Court (24460 Summerhill Avenue, 24480, 24490
and 24510 Amigos Court) to the Town of Los Altos Hills—Reso #
and adoption of an ordinance amending the Zoning Ordinance to prezone
the properties at 24460 Summerhill Avenue, 24480 Amigos Court, 24490
Amigos Court and 24510 Amigos Court to R-A (residential-agricultural)
(SECOND READING)
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• MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and
passed unanimously to adopt Resolution#62-00 ordering the reorganization of certain
inhabited territory designated as "Amigos Court" to the Town of Los Altos Hills and
to waive further reading and adopt Ordinance #408 amending the Zoning Ordinance
to prezone the properties at 24460 Summerhill Avenue, 24480 Amigos Court, 24490
Amigos Court and 24510 Amigos Court to R-A(Residential-Agricultural)
11.3 Introduction of Ordinance amending Section 9-1.306 (Acts Prohibited:
Sale of Lots) of the Subdivision Code (FIRST READING)
The Acting Planning Director reported that this ordinance brought the Town into
compliance with a change made to the Subdivision Map Act which removed the
prohibition on offering to sell a future lot.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and
passed unanimously to waive further reading and introduce an ordinance amending
Section 9-1.306 (Acts Prohibited: Sale of Lots) of the Subdivision Code.
11.4 Request to plant a vineyard in a conservation easement, Lands of
WytheNitu, Lot#3, Moon Lane
Sandy Humphries, member of the Environmental Design and Protection Committee
• commented that conservation easements were used for animals and protection of food
for animals. She did not believe a vineyard met this use.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and
passed unanimously to adopt Resolution #63-00 approving the request to plant a
vineyard in a conservation easement, Lands of WytheNitu, Lot#3, Moon Lane
11.5 Interpretation of setback requirement from Hale Creek, Lots 5-10 of the
Quarry Hills Subdivision, Stonebrook Drive
Sandy Humphries, member of the Environmental Design and Protection Committee,
asked if this was in compliance with the CEQA requirements for the subdivision. She
also asked if this was a violation of the fast track process in that two applicants who
had gone through fast track and received their approvals were now coming back with
new requests for changes.
The Planning Director responded that this was not a modification of the
environmental impact report on the quarry subdivision and he referred to the City
Attorney's opinion on this subject dated 8/4/00. In that opinion, she stated in part that
"After examining all the documents and background to the subdivision, my
conclusion is that there is no specific requirement about the width of the reclamation
plantings from the top of the bank and therefore the existing 25 foot conservation
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• easement can satisfy the Fish and Game requirement, as well as the Conditions of
Approval and the CC&Rs. Therefore, if the Council wishes to remove the
requirement for the additional 10 foot conservation easement, a reasonable
interpretation would be that it could do so." The Planning Director further stated that
the fast track process had not been violated.
Harry Emerzian, member of the Pathways Committee, stated that he did not think this
was the correct course of action. He believed if Fish and Game and the Regional Air
Quality Board were advised of this change they would require another environmental
impact report.
Shelley Detrick, owners of lots in the Quarry Subdivision, referred to his letter to the
Council in which he supported the removal of the additional ten feet of setback from
Hale Creek.
Dr. Harry Mittelman, owner of lot in the Quarry Subdivision, asked Council to apply
logic and rationale when considering their request that this additional ten feet of
conservation easement be deleted.
Dauber stated that this action would not follow the spirit of the law even if it followed
the letter of the law. She stated that an environmental report was done on a project to
estimate the impact it would have on the community and mitigating measures were
• required if necessary. She felt that the honor and credibility of the Town was at stake
if mitigation measures were now changed after assuring all those interested and
concerned at the time that they would not be changed. Johnson stated that he wished
he could vote both ways. He understood the environmental impact report process but
referred to the City Attorney's report and her legal opinion on this matter. He noted
that the ten foot area under discussion was actually quite small and the twenty five
foot area was already in place. Johnson believed it would be cumbersome to go back
through the entire process all over again for ten feet and he doubted that everyone
involved would not agree with the City Attorney's report. Cheng concurred with
Johnson.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and
passed by the following roll call vote to delete the dedication of an additional ten foot
conservation easement along the Hale Creek Bypass Channel for Lots 5 — 10 of the
Quarry Hills Subdivision.
AYES: Mayor Finn and Councilmembers Casey, Cheng and Johnson
NOES: Councilmember Dauber
11.6 Request for a site development permit for a new residence and a pool, Lands
of Nijenhuis and Broering, 12175 Hilltop Drive
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Councilmember Cheng stepped down from consideration of this application.
The Acting Planning Director noted that the issue of access needed to be resolved
before this project could go forward. The current access had been used for years but
the issue was now in court.
Ms. Broering, applicant, stated that the driveway issue was in court and they were
asking for a prescriptive easement from the neighbor. She confirmed that the
driveway had been used for the past twenty one years without a problem. Roland
Nijenhuis, applicant, also commented that they had neighbor support for this project.
Jade Lum, applicant's architect, went through the proposed conditions of approval
and addressed their concerns. They were asking for a height of 25.6' rather than 24',
noting that their project was one story and they were surrounded by two-story homes.
She also did not agree with the proposed screening from the neighbors in that they
had already planted over 100 plants. Ms. Lum stated that the house was not visible
therefore they should not have to comply with the color board. She also asked that
sprinklers be eliminated and the conditions regarding fire turnarounds and driveway
widths and materials for fire equipment be eliminated as these issues had been
addressed.
Marvin Kirkeby, applicant's engineer, commented on the driveway issue and noted
• that they were in court on the one driveway but there were other viable options for a
driveway on the property. He also explained where the parking stalls would be
located. On the issue of the drainage from the Stewart's property, they were asking
Mr. Stewart to take care of this situation.
Harry Emerzian, member of the Pathways Committee, noted that the path connecting
Hilltop to Voorhees was an important one for the children at St. Nicholas. They were
not asking the applicants to put in the path at this time but rather to give an easement
for future use.
Peggy and Al Stewart, 12165 Hilltop, stated that this application should be postponed
until the driveway issue had been resolved. Mr. Stewart further commented that the
drainage issue on his property was, in his opinion, resolved.
Bob Brenner, 12173 Hilltop, noted that he was the next door neighbor and involved in
the driveway issue. He stated that he had been talking with the applicants about the
driveway and was sorry that the matter had been taken to court.
Roger Cruickshank, 12179 Hilltop, expressed his concerns about the current
driveway. He believed there was no visibility and it was a real safety issue. He also
referred to the alternative plans for a driveway but noted there were no plans for such
alternatives. Mr. Cruickshank stated that the story poles were in the wrong location
and as this house was highly visible to him he wanted to know what color it would be.
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• Steve Harrari, Miraloma Way, noted that project was very visible to them and they
supported it. He commented that in 1998 they had gone through this same process
and after an additional $75,000 for changes they got an approval. He urged Council
to consider that this house was within the ordinances and the applicants should not
have to bear adverse scheduling and cost impacts.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and
passed by the following roll call vote to approve a height of 25.6 feet.
AYES: Mayor Finn and Councilmembers Casey,Dauber and Johnson
NOES: None
ABSTAIN: Councilmember Cheng
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and
passed by the following roll call vote to: delete condition #3 on paint colors and add
that the color will be determined at time of site development; delete condition #7 on
the pathway easement; delete condition#1 (1) 24' height restriction; (3) driveway in a
straight line; (4) off street parking; (5) landscape plan for screening for the Stewart's
property; and (5)resolution of drainage issue with the Stewarts.
AYES: Mayor Finn and Councilmembers Casey,Dauber and Johnson
• NOES: None
ABSTAIN: Councilmember Cheng
PASSED BY CONSENSUS: To amend condition #4 to read: "The applicant shall
submit documentation showing that the applicant has access rights to the existing
easement paralleling the northeast property line or submit an alternate driveway plan
connecting to existing legal access. The required documentation or alternate
driveway plan shall be submitted for review and approval by the Town prior to
acceptance of plans for building plan check."
PASSED BY CONSENSUS: To delete conditions #23, 24 and 25 concerning
sprinklers, fire turnarounds and driveway widths and materials for fire equipment
access subject to the approval of the Fire Department.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and
passed by the following roll call vote to approve a site development permit for a new
residence and pool for Lands of Broering &Nijenhuis at 12175 Hilltop Drive, subject
to the recommended conditions of approval as amended by Council.
AYES: Mayor Finn and Councilmembers Casey, Dauber and Johnson
NOES: None
ABSTAIN: Councilmember Cheng
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11.7 Request for a site development permit for a new residence and an exception
to an existing conservation easement to allow part of the driveway to encroach
into the easement, Lands of Kerns, 11890 Francemont Court
William Maston, applicant's architect, stated that he believed the project now before
Council was a better project than earlier proposed. This application included no
variances, complied with the ordinances and had been approved by the Town
Engineer, Fire Department and Planning Commission. Mr. Maston also noted that in
1988 the tentative map application which was approved allowed development on the
top lot. He further commented that of the 21 acres, 18 were going to be in
conservation easement.
The following addressed the Council stating their opposition to the Kerns project: Sid
Hubbard, 25228 La Loma Road; Tom Fisher, representing Midpeninsula Regional
Open Space District; Sandra Humphries, 26238 Fremont Road; Fred Osterlund,
26238 Fremont Road; Dorothea Schreiner, 14301 Saddle Mountain; Scott Janek, Los
Altos; Pete and Sherri Shume, 25765 Bassett Lane; R. Prescott Jaunich, representing
his client Los Altos Hills resident Peter Nieh; Liz Dana, 25700 Bassett Lane; and
Lysbeth Goodman, 11989 Rhus Ridge Road. They stated that the ridgelines and open
space should be protected; the Town ordinances should be upheld and the visual
• impact on others should be considered. They also commented that there was another
site on this lot on which the Kerns could build. In reference to the 1988 subdivision
approval of this lot, they stated that this involved a subdivision approval not a site
approval. They believed this project was precedent setting in that it ruined the
panoramic view presently in place. They believed the height limit of 27' was violated
in sections of the house, the retaining walls were in violation of the Code and the
driveway was steep enough to cause concern for fire safety.
The following addressed the Council stating their support of the Kerns project: Evan
Wythe, 13828 Moon Lane; Steve Brubricken, 11870 Francemont Road; Cyrous
Gheyri, 27400 Elena; Betty and Patrick Ng, 12700 Leander; Mr. Jain, 28510
Matadero Creek; and Lalla Carsten, 13761 La Paloma. They stated that houses had
been built all over Town on ridgelines and the Kerns had a right to build their home
where they planned. It was unfair to deny them this right.
Casey stated that she was on the Council in 1988 and at that time potential
development on the upper lot was approved. She also stated that other homes in
Town had been approved to be built on ridgelines. Cheng also supported the project.
She noted that it was a unique lot which included no variances. She also stated that it
had the approval of the Fire Department, staff and the Planning Commission. Dauber
stated that she thought the findings made for approval of this project were hypocritical
and the house was not in the spirit of the General Plan.
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MOTION SECONDED AND FAILED: Moved by Johnson, seconded by Dauber and
failed by the following roll call vote to reject the staff recommendation to approve the
site development permit for Lands of Kerns.
AYES: Councilmembers Dauber and Johnson
NOES: Mayor Finn and Councilmembers Casey and Cheng
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and
passed by the following roll call vote to deny the appeal and approve the site
development permit for a new residence with attached garage and exception to an
existing conservation easement to allow a driveway to encroach for Lands of Kerns at
11890 Francemont Road subject to the findings drafted by staff and the recommended
conditions of approval as amended by Council as follows: condition #3 should read:
"The applicant shall work with the Pathway Committee and Midpeninsula Open
Space District to locate an appropriate pathway that routes to the Duveneck Open
Space Preserve."; condition#23 modify to allow the road to be narrowed to 10' - 12'
in sections in order to save large trees, subject to the approval of the staff and the Fire
Department; and delete condition #5 as follows: "The applicant shall revise the
secondary unit to match the proposed architectural style (Spanish Colonial) of the
main residence subject to the review and approval of the Planning Director. Any
increase in height, floor area or development area shall require review and approval
by the Planning Commission."
• AYES: Mayor Finn and Councilmembers Casey and Cheng
NOES: Councilmembers Dauber and Johnson
11.8 Consideration of Nuisance Abatement (Section 6-5.01 — 6-5.06 of the
Municipal Code)—Rooster located at 12681 Miraloma Way
This public hearing was been cancelled because the rooster had been moved.
12. ADJOURNMENT
There being no further new or old business to discuss, the City Council Meeting was
adjourned at 11:30 p.m.
Respectfully submitted,
Patricia Dowd
City Clerk
The minutes of the August 17, 2000 Regular City Council meeting were approved at
• the September 7, 2000 Regular City Council Meeting.
August 17, 2000
Regular City Council Meeting
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