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HomeMy WebLinkAbout09/02/1999 (2) i Minutes of a Regular Meeting September 2, 1999 Town of Los Altos Hills City Council Regular Meeting Thursday, September 2, 1999, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER AND ROLL CALL Mayor Dauber called the Regular Meeting of the City Council to order at 6:10 p.m. in the Council Chambers at Town Hall. Present: Mayor Dauber and Councilmembers Casey, Finn, Johnson and Siegel Absent: None Staff: City Manager William Norton, City Attorney Sandy Sloan, Planning Director Curtis Williams, Public Works Manager Jim Rasp and City Clerk Pat Dowd Press: Leslie Martin, Los Altos Town Crier Dauber noted that a request had been received from a resident to agendize as an urgency item consideration of recent decisions made b the Santa Clara Count Zonin • Y Y g Administrator taken at their 8/31/99 meeting concerning the Kennedy property at the end of La Loma Drive. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed by the following roll call vote to add to the agenda as an urgency item the 8/31/99 decisions made by the Santa Clara County Zoning Administrator on the Kennedy property. AYES: Mayor Dauber and Councilmembers Finn Johnson and Siegel Y � g NOES: Councilmember Casey Casey stated that she could not vote to add this as an urgency item as she did not have enough information about the subject. 2. APPOINTMENTS AND PRESENTATIONS 2.1 Appointment to the Finance Committee James Patmore, 27650 Central Drive, stated his interest in serving on the Finance Committee and also his interest in getting involved with the community. In response to Dauber's question, he �I noted that he would be willing to serve as chairman of this committee when asked. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed unanimously to appoint James Patmore to the Finance Committee for a two-year term. September 2 1999 Regular City Council Meeting 1 3. PLANNING COMMISSION REPORT The Planning Director reported on three Planning Commission Meetings held since the last Council Meeting. At the 7/28/99 Commission Meeting the following applications were heard: Lands of Kelly, 24143 Hillview Road: approved request for a site development permit for a 971 square foot secondary dwelling unit; Lands of Weiler, 26089 Fremont Road: denied request to modify a condition of approval for an approved site development permit for a major addition and remodel requiring the exterior color to have a light reflectivity value of 50 or less; Lands of Fong, 25721 La Lanne Court: continued request for a site development permit for a new residence and a two-car carport; and Lands of Gorman and Cheng,24004 Oak Knoll Circle: approved request for a site development permit for a new residence and swimming pool. At the 8/11/99 the following applications were heard: Lands of Fong, 25721 La Lanne Court: approved request for a site development permit for a new residence and a two-car carport; Lands of Wang, 27581 Samuel Lane: continued request for a site development permit for a new residence with attached garage; Lands of Chase and Arnold, 12180 Kate Drive: approved request for a site development permit for a new residence with attached garage; and Lands of Kerns, 11890 Francemont Court: denied request for a site development permit for a new residence, a secondary dwelling unit with detached two-car garage, and an exception to an existing conservation easement to allow part of the driveway and rear yard to encroach into the easement. At the 8/25/99 Planning Commission Meeting the following applications were heard: Lands of LeFevre, Altamont Road and Eshner Court: recommended approval of one of the two lot line adjustments and denied request to abandon a pathway easement between the Lands of LeFevre and the Lands of Cleary; and Lands of Vameghi, 25705 O'Keefe: continued request for a site development permit for a new residence and attached garage. • 4. CONSENT CALENDAR Items Removed: 4.1 -- 7/15/99 Regular Meeting (Dauber) and 4.6 (Dauber) MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Siegel and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: July 15, 1999 (Special Meeting) July 16, 1999 (Special Meeting) July 26, 1999 (Special Meeting) July 29, 1999 (Special Meeting) August 12, 1999 (Special Meeting) 4.2 Approved Warrants: $690,648.49 (7/1/99 -- 8/23/99) 4.3 Approved Site Development Permit(Fast-Track) for new residence at 13769 Wildflower Lane, Lands of Bariteau 4.4 Accepted Investment Report for the Quarter ended June 30, 1999 4.5 Issued Proclamation-- Indonesian Independence Day --August 17, 1999 4.7 Approved eleventh amendment to agreement to provide local law enforcement agency access to the California Identification System-- Reso #50-99 September 2, 1999 Regular City Council Meeting 2 • Items Removed: 4.1 Approval of Minutes: July 15, 1999 (Regular Meeting) MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed unanimously to approve the minutes of the July 15, 1999 Regular City Council Meeting with the following correction: page 2, Item 3, insert following after third paragraph: "Dauber stated that she could not believe there were issues that could affect Councilmembers such as a house next door and you could not speak on it."; and page 7, first paragraph, change the last word 'streets' to 'driveways'. 4.6 Proclamation--Lawsuit Abuse Awareness Week-- September 20-24, 1999 Dauber asked that this item be removed from the Consent Calendar. When she had put it on she had understood that the request was coming from the Mayor of Saratoga. However, she then realized that Mr. Wolfe was making this request as Executive Director of the Citizens Against Lawsuit Abuse. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously to delete item 4.6 from the agenda. 5. UNFINISHED BUSINESS 5.1 Adoption of Resolution authorizing grant of easement to Pacific Bell on Town • Land for installation of an underground vault and letter of agreement-- Reso #_ Tracie Wright, right of way agent; Randy Okamura, External Affairs; and Trent VanWormer, Planning Engineer-- Pacific Bell addressed the Council on this request for an easement. They stated that their primary responsibility was to provide phone service to everyone in Town and currently some did not have it. They commented on the exclusivity issue and also noted that the issue of DSL services was very competitive. They were therefore reluctant to comment on when they would be available in the Town. Rick Ellinger 28520 Matadero Creek Lane and Robert Fenwick, 28011 Elena each addressed the Council stating the recommended approval of this application by the Utility and Information Systems Committee. Mr. Ellinger also referred to a detailed letter he wrote to the Council on the subject of vaults, DSL services and access and the high level of interest in the Town for DSL services. Les Earnest, 12769 Dianne Drive, commented that he was a current subscriber to DSL services. He was concerned about the structure of this proposal however in that it was open only to Pacific Bell and not competitive. Dauber raised the issue of the two year landscape maintenance agreement and did not think this was long enough for the landscaping to become established. She recommended a three year maintenance agreement. Casey commented on the recommended approval of this request from the Utility and Information Systems Committee and the importance of this as a public benefit. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Siegel and passed by the following roll call vote to amend the agreement from a two year to a three year landscape maintenance agreement. September 2, 1999 Regular City Council Meeting 3 AYES: Mayor Dauber and Councilmembers Johnson and Siegel NOES: Mayor Pro Tem Finn and Councilmember Casey PASSED BY CONSENSUS: To adopt Resolution#51-99 approving and authorizing execution of arant of easement to Pacific Bell and a letter of agreement between the Ci and Pacific Bell g g t3' 5.2 Adoption of Resolution authorizing grant of easement to Purissima Hills Water District on Town land for installation of water well --Reso # MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously to adopt Resolution#52-99 approving and authorizing execution of an easement agreement between the Purissima Hills Water District and the Town of Los Altos Hills. 5.3 Report on development fees This item was continued to the next Council Meeting. 6. NEW BUSINESS 6.1 Recommendation to request proposals for geotechnical services MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously to direct the City Manager to request proposals forg eotechnical services. 6.2 Introduction of Ordinance enabling the Town to provide for reimbursement agreements for sewer main extensions in the public right of way (FIRST • READING) This item was continued to the next meeting. 6.2 Decisions made by the Santa Clara County Zoning Administrator on 8/31/99 Concerning the Kennedy property at the end of La Loma Drive Sid Hubbard, 25228 La Loma Drive, addressed the Council on the issue of the Kennedy property. He noted that this had formerly been the Merrill property and when they had received a building permit one of the conditions of approval was the granting of a pathway easement to the Town. However, final permits had been given by the County to the Merrills without getting a signed easement. The new owners,the Kennedys,had now received approval for a secondary unit and a pool house with kitchen facilities. Mr. Hubbard noted that several of the neighbors objected on the basis that these structures were not in compliance with the Town's ordinances. He was asking Council to file an appeal of these County decisions. This was urgent in that there was a fifteen-day appeal period. Casey stated that she could not support this request. In the first place the Merrills had asked to be annexed to the Town and the Town had decided not to annex this property. She believed the Town had had their opportunity for control of such decisions and had not taken it. Furthermore, this was an off-road path which she did not support. Dauber pointed out that this was not a new path the Council was asking for but rather one which had been approved and required of the Merrill property for its building permit. • September 2, 1999 Regular City Council Meeting 4 MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed • by the following roll call vote to direct Town staff to pursue obtaining the pathway easement and to file the appropriate appeal with the County on their 8/31/99 decisions regarding the Kennedy property. The Town's appeal would deal with the pathway issue only and not address the approvals for a secondary unit and pool house. AYES: Mayor Dauber and Councilmembers Johnson and Siegel NOES: Mayor Pro Tem Finn and Councilmember Casey 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Joint Volunteer Awards Committee Membership This item was continued to the next Council Meeting. 8. STAFF REPORTS 8.1 City Manager 8.2 City Attorney 8.2.1 Report on Conflict of Interest Regulations The City Attorney, apologized.again for giving Council the incorrect information during the last Council Meeting when asked if an official could speak on their own behalf when having a • conflict of interest. The City Attorney referred to her report on this subject dated 8/27/99. In part this report states: ". . .Specifically, an official is not attempting to use his or her official position to influence a governmental decision of an agency...where that person solely represents himself/herself on a matter pertaining to an interest in real property which is wholly owned by that official or members of his or her immediate family.. . .The policy behind this exception is that people, despite serving as public officials, have a right to speak out to represent their own personal property interests (as distinguished from business interests). In general the Fair Political Practices Act allows local agencies to adopt stricter regulations than the Act. . ... However, having a policy prohibiting someone from participating in a decision is very different from having a policy prohibiting someone from speaking about a matter affecting a fundamental property right(i.e. the official's own residence). . .The City Attorney did not believe the Town could adopt such a prohibition without running afoul of the First Amendment's protections of free speech." 8.3 City Clerk 8.3.1 Report on Council Correspondence i 9. COUNCIL-INITIATED ITEMS 9.1 Request that Solid Waste Subcommittee review driveway rates (Mayor Dauber) This item was continued to the next Council Meeting. • September 2, 1999 Regular City Council Meeting 5 9.2 Discussion of Mildred Gallo's letter of allegations against Planning Commissioner Charles Wong; City Manager's Report on these allegations, and letter from Planning Director to City Council regarding the allegations (Mayor Pro Tem Finn and Councilmember Casey The City Manager referred to his staff report dated 8/12/99 which outlined the allegations made by Mrs. Gallo against Mr. Wong, staff s findings and Mr. Wong's responses. The four allegations made were as follows: 1)working without a permit on a pool house structure and continuation of work after a stop work order was placed; 2)refusal to cooperate with County Environmental Health officers regarding a complaint about the septic system and water flowing on Mrs. Gallo's property; 3)removal of a 15" diameter oak tree without Town approval; and 4)placement of a drainage pipe and fill to the rear fence. The City Manager also referred to a chronology of events concerns the Wong property, meetings with Mr. Wong, etc. (Copies of both of these reports are available at Town Hall.) Mildred Gallo, 25720 La Lanne Court, addressed the Council concerning activity on Mr. Wong's property. She stated that she attended the July 28"'Planning Commission Meeting because she was concerned about drainage problems on her neighbors's property from an application under discussionat that Commission Meeting. She realized at that meeting that Mr. Wong was serving on the Commission and expressed her concerns in a letter to the Council. Mrs. Gallo referred the allegations she related including building activity on an unpermited structure on Mr. Wong's property as well as the removal of an oak tree and grading which had negatively affected her property. She not only believed these problems as well as others should be corrected but also recommended that Mr. Wong be removed from the Planning Commission. Mr. Wong, 14250 Miranda Road, commented that all of these issues had taken place before his • appointment to the Planning Commission and he had been working with staff. He had responded to staff on raised issues, if not in writing,then verbally. He had done his best to comply with the Town's regulations. Furthermore, he had received his finals so he did not quite understand how he could be in violation. Mr. Wong responded to each of the allegations made. First, he stated that he did have a tree removed in his yard but it was not an oak, it was dead and it was deemed unsafe for his children to play on. He also referred to the grading done and said this was done to protect his property. He had a steep slope and according to his soils engineer corrective measures were necessary as a result of the heavy rains. He had received a letter from Environmental Health concurring with the steps being taken. Mr. Wong stated that the pipe near the property line was not connected to anything and had been left by a contractor. Concerning the pool structure, Mr. Wong stated that his wife had handled this project and there had been a misunderstanding with the contractor she had hired. They had gone out of Town and upon their return realized the contractor's error in starting this project. He had received a stop work and planned on removing it. However, staff had advised him at this time not to remove it, so therefore it was still in place. Mr. Wong believed he had been treated unfairly. He had been working with the Town on these issues and there had been no due process as a result of the allegations made by one person. The following addressed the Council in support of Mr. Wong: Emily Cheng, 24595 Voorhees Drive; Diane Wong, 14250 Miranda Road; Cyrous Gheyri, 27400 Elena; Stan Mok, 25690 Chapin; Ceila Wong, 14250 Miranda Road; Patrick Ng, 12700 Leander; and Kathleen Weiler, 26089 W. Fremont. They did not believe that he had intentionally violated the Town's regulations which they believed could be quite confusing. They further commented that Mr. Wong had explained the allegations raised in Mrs. Gallo's letter. Jim Steiner, 14195 Wild Plum; and Fred Osterlund, 26238 Fremont Road each stated the necessity for a Planning Commissioner to be above question and they suggested that Mr. Wong step down as a �. Planning Commissioner at this time. Jim Abraham, 12831 Viscaino Road, agreed that a Planning Commissioner should be above question and suggested this matter go to an arbitrator. September 2, 1999 Regular City Council Meeting 6 Casey stated that she had put this item on this agenda because she felt it should be discussed at a public meeting. Council had received a complaint against Mr. Wong from a resident and since then rumors had been circulating in Town. Casey thought it fair that all issues be discussed and resolved in a public forum. In her opinion Mr. Wong had complied with Town regulations and had not intentionally violated any rules. Johnson stated that he did not believe this was questioning Mr. Wong's integrity or character. However, he did believe that there should be no question about a Planning Commissioner upholding the Town's rules. If not, he thought it would be difficult to serve on a Commission which required others in Town to obey the rules. Johnson thought it would be appropriate if Mr. Wong voluntarily resigned from the Planning Commission at this time. Siegel concurred with Johnson's comments. Finn referred to cultural differences and stated that issues could be confusing and subject to different interpretations. He supported Mr. Wong and believed that he should remain on the Planning Commission and resolve the issues on his property. Dauber commented that anyone could make a mistake but the issue was what you did to correct it and how quickly you did it. She believed Mr. Wong had not been cooperative with the Town in resolving these issues. She suggested he might want to step down from the Commission and serve on another Town Committee as a method of learning more about the Town's regulations. Council did not take any action on this matter. 10. PRESENTATIONS FROM THE FLOOR Cyrous Gheyri, 27400 Elena, complained that he had been trying to get a permit from the Town • for two years. He had been mistreated by staff and unfairly charged for City Attorney services. Council agreed that the Mayor and City Manager should arrange a meeting with Mr. Gheyri to discuss this matter. Betsy Bertram, 11854 Page Mill Road, asked who would be responsible if Central Drive had a slide? Edwin Dobbs, 13815 Barton Court, referred to the sewer reimbursement agreement issue specifically as it concerned Templeton Place and John Mozart. Mr. Dobbs explained that Mr. Mozart needed nine participants in this reimbursement agreement. However,he noted that had lived in Town for 26 years and at his location at the end of the street this would be very costly. Council explained that this item was on the agenda and would be discussed at a later time. Michael Scott, 27856 Black Mountain, recommended that Council adopt a proposal which would outline a set of rules about what the Town could not do, such as not place requirements without defining what they were; not placing requirements without adequate notice and not setting unrealistic time limits. Mr. Scott referred to his project on putting in a pond as an example of how a project could get confusing and prolonged. 11. PUBL IC HEARINGS 11.1 Request for a site development permit for a new residence and for a variance to exceed allowable maximum development area, Lands of Burger, 25850 Westwind Way Johnson stepped down from consideration of this application. September 2, 1999 Regular City Council Meeting 7 • Casey explained why she had appealed the Planning Commissions approval of this project. The Burgers were not sure they were going to be able to reduce the development area to meet the conditions of approval but they were working with staff. She had appealed with the understanding that if the applicants worked everything out with staff,the appeal could be withdrawn. However, she had been advised by the City Attorney that once an appeal had been filed it could not be withdrawn. Mr. Alfinito, 25870 Westwind Way, expressed his oppostion to this project. He referenced the Hills 2000 newsletter and their support of the Town's Municipal Code and regulations. He did not think that variances should be easily given. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Siegel and passed by the following roll call vote to deny the appeal and approve the request for a site development permt for a new residence and for a variance to exceed allowable maximum development area, Lands of Burger, 25850 Westwind Way. AYES: Mayor Dauber and Councilmembers Casey, Finn.and Siegel NOES: None ABSTAIN: Councilmember Johnson 11.2 Request for a conditional development permit and a site development permit for a new residence, and variances to exceed the allowable maximum development area and maximum floor area to allow required parking within the setback, Lands of Quinn, 25691 Chapin Road • Request for a lot line adjustment, Lands of Quinn and Panofsky, 25691 and 25671 and Chapin Road Tom Quinn, applicant, gave an overview of their plans for a new home emphasizing how it would fit into the setting. He noted they had excellent support from their neighbors for this proj ect. Lou Dorcich, applicant's architect, distributed handouts of pictures of the original house on this lot. He then proceeded to outline the plans for the Quinn's residence. Mr. Dorcich specifically addressed how the house would be sited, the use of eaves,the adequacy of the lot line adjustment with the neighbors and the compliance with ordinances specifically those related to height and setbacks. Wolfgang Panofsky, 25671 Chapin; Stan Mok, 25690 Chapin; Frank Lloyd, 12824 Brendel Drive; and Jeff Twombly, 13621 Burke Road each addressed the Council in support of this project. They referred to the rundown condition of the lot which had been an eyesore for years as well as a health hazard. They further noted that the house had seen quite a bit of Sheriff s activity. They praised the Quinn's for their plans for building a new home and for so quickly demolishing the structure which had been on the lot. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Finn and passed unanimously to approve the request for a conditional development permit and a site development permit for a new residence, and variances to exceed the allowable maximum development area and maximum floor area to allow required parking within the setback, Lands of Quinn, 25691 Chapin Road. September 2, 1999 Regular City Council Meeting 8 MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Finn and passed unanimously to approve the request for a lot line adjustment,Lands of Quinn and Panofsky, 25691 and 25671 Chapin Road. 11.3 Request for a site development permit for a new residence, a secondary dwelling unit with detached two-car garage and an exception to an existing conservation easement to allow part of the driveway and rear yard to encroach into the easement, Lands of Kerns, 11890 Francemont Court Jeff Peterson, representing the Town's engineering consultants Wilsey and Ham, stated that several meetings had been held with the applicants and the constraints of this property had been discussed. The Town had agreed to relax certain criteria if all other conditions were met. However, in his opinion, what was before Council was not acceptable. There were five foot walls on five feet of fill; 980 feet of retaining wall to build driveway; removal of two oaks and construction near seven others; and substantial grading. Mr. Peterson recommended denial of project to redesign the driveway. Finn commented that there were hundreds of trees on this property and Casey noted that there were streets in Town with more than a 15% grade. She also noted that this driveway had been approved by the Fire Department. Bill Maston, applicant's architect, commented that this property was twenty acres, eighteen of which would remain in conservation easements. He stated they had tried to balance the technical and aesthetic aspects of the project. He distributed handouts on offsite views -before and after-; site geology and seismic safety; and neighborhood support- statistics,map and petition. Mr. Maston referred to the two • models of the project before Council. He commented on the interlocking key product they planned to use for the retaining wall for aesthetic purposes and also referred to the landscaping planned for mitigation. The serpentine road was also a benefit in that it was easier to plant on both sides. Mr. Masten referred to the house model explaining the modifications they had made to fit it in better with the site. He also noted that the neighbors preferred the home on the top lot and the smaller guest house on the lower lot as this would have less impact on them. Mr. Masten referred to the 1988 subdivision which created two lots. Since the General Plan was already in place,this subdivision then must have been in compliance with the General Plan. Concerning soils stability he deferred to the geology experts they had consulted for this project and he also noted that other smaller lots had comparatively more retaining walls than they were asking for this project. Susan Roberts, applicant's engineer- Giuliani& Kull,reported on the main issue which was the slope of the road. Presently the slope of the majority of the road was 16.7%which had been 20% in the previous plans. They had realigned the road and resolved the safety issues. She also explained that the five feet of fill was to bring the road up to its natural grade. Ms. Roberts referred to the letter from Ray Morneau, arborist, concerning the removal of trees and she further noted that they had had great success with work on projects being done in the vicinity of oak trees. These plans before Council showed 50% less linear feet of retaining wall and 80%reduction of export of fill. The following addressed the Council in support of the project: Sylvia and Raymond Leung, 25386 La Loma Drive; Stephen Boboricken, 11870 Francemont; Elaine and Winston Lambert, 24700 Olive Tree Court; James McCleery, 11860 Francemont; Carmen Colet, 11630 Jessica Lane; Vijay Vaidyanathan, 11910 Rhus Ridge Road; Jim Abraham, 12831 Viscaino Road; Marc Ferrari, 12100 Old Snakey Road; Lala Carsten, 13761 La Paloma; and Bob Stutz, 25310 Elena. They noted that this was twenty acres and the house was well sited so that it did not impact anyone. Furthermore,they believed there would be much more impact if the house was put on the lower site. Carsten and Stutz also noted that this upper lot was a legally created lot in 1988. September 2, 1999 Regular City Council Meeting 9 • The following addressed the Council in opposition to this project: Randy Anderson,representing the Midpeninsula Regional Open Space District; Liz Dana, 25700 Bassett Lane; Michael Marshall, Palo Alto; Charles Knowles, 25725 Bassett Lane; Sid Hubbard, 25228 La Loma Drive; Roger Spreen, 11970 Rhus Ridge Road and President of the Rhus Ridge Homeowners Association; Sandra Humphries, 26238 Fremont Road and Jean Struthers, 13690 Robleda. Randy Anderson referred to a letter submitted from the Midpeninsula Regional Open Space District. In this letter the District stated their concerns that this project would have significant adverse impact on the resource values in the surrounding community and adjacent open space and would set an unsupportable precedent in compromising the Town's environmental standards. The speakers also addressed the steepness of the driveway,the size of the home and the visual impact. They believed this project violated the Town's General Plan and the Council had the role of defending the Town's ordinances and policies as well as preserving the ridgelines. This project would also have a negative impact on the unique plant materials and trees on the property some of which could be 100 years old. The City Attorney referred to the following section of minutes from the September 17, 1997 City Council Meeting: "The City Attorney commented on the references to building sites and stated that having two areas available for building did not mean that the Town was required to allow development in a specific area. She noted that building envelopes were not shown on final maps and the Town's Site Development Ordinance was not preempted. She also referred to the history of this lot and certain of the conditions of approval. In particular she noted conditions of the 1988 Parcel Map that indicated.the necessary analysis of the appropriateness of building on the lot. In reference to a question from Mrs. Kerns asking if the Council could state they could not build on the upper site,the City Attorney responded that yes that was the case." Johnson stated that he could not support this project primarily because of the driveway issue. Both the • Planning Director and Engineering Consulting Firm(Wilsey and Ham) recommended denial and he was accepting their expert opinion. Siegel also stated he could not support this project. He noted that although this driveway design was better than before it would still require a large amount of tearing up of the property. Casey referred to the creation of legal lots with the 1988 subdivision and also the adoption at that time of a negative declaration which meant that the project would not signficantly impact the environment. She also commented that since the General Plan was dated 1975,this subdivision clearly was in compliance with the General Plan. She referred to the letter from Robert Smithwick stating his geologic concerns about the lower lot and support for the house on the top lot. There were no safety issues and if need be the proposed house could be reduced in size. She supported the application. Finn stated that this project was 20 acres with 80% of it open space. The cut and fill were minimal and the project including the driveway had been approved by the Fire Department. Finn also believed that the neighbors were rather self-serving: those near the lower lot wanted the house on top and those who could see the house on the upper lot from a distance wanted it on the lower lot. Dauber did not support the project referring to the driveway issue and the need to preserve ridgelines. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed by the following roll call vote to deny the request for a site development permit for a new residence, a secondary dwelling unit with detached two-car garage and an exception to an existing conservation easement to allow part of the driveway and rear yard to encroach into the easement, Lands of Kerns, 11890 Francemont Court based on the Planning Commission's findings dated 8/11/99. Casey suggested that Council consider approving the house on the lower lot and allowing the Kerns to place a trailer on the lower lot while they were working on their plans. Council did not vote to reconsider their motion on this project. AYES: Mayor Dauber and Councilmembers Johnson and Siegel • NOES: Mayor Pro Tem Finn and Councilmember Casey September 2, 1999 Regular City Council Meeting 10 s 12. ADJOURNMENT There being no further new or old business to discuss,the City Council Meeting was adjourned at 1:30 a.m. in memory of Town resident, Mary Anne McCready who passed away suddenly this week. Mrs. McCready was an active,vibrant, generous member of the community and particularly active in St.Nicholas Parish. The services were scheduled for Friday, September Pat St.Nicholas Church. The family asked that donations or flowers be sent to St. Nicholas School. Respectfully Dowd City Clerk The minutes of the September 2, 1999 Regular City Council Meeting were approved at the September 16, 1999 Regular City Council Meeting. • • September 2, 1999 Regular City Council Meeting 11