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HomeMy WebLinkAbout02/04/1998 (2)Minutes of a Regular Meeting February 4, 1998 Town of Los Altos Hills City Council Regular Meeting Wednesday, February 4, 1998, 6:00 P.M. Council Chambers, 26379 Fremont Road CALL TO ORDER AND ROLL CALL Mayor Casey called the Regular Meeting of the City to order at 6:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Casey and Councilmembers Dauber, Hubbard, Johnson and Siegel Absent: None Staff: City Manager/City Engineer Jeff Peterson, City Attorney Sandy Sloan, Planning Director Curtis Williams, Public Works Manager Jim Rasp and City Clerk Pat Dowd Press: Carol Tiegs, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 2.1 Interviews and Appointment to Planning Commission Council had received seven applications to fill an unexpired term on the Planning Commission ending on June 30, 1998. Richard Aurelio had not been able to attend this meeting so he had addressed the Council at the 1/21/98 Council Meeting. The following applicants spoke to the Council on their interests in serving on the Planning Commission: Katharine Alexander, 11600 Summit Wood Court, commented she was recently retired and now had the opportunity to contribute back to the community. She had read the General Plan and the Town's Codes and had attended Planning Commission Meetings. She and her family had lived in Town for 28 years and she wanted to keep the Town's standards in place for future generations. Harry Emerzian, 11670 Dawson Drive, noted that he had lived in Town for 20 years and was now semi -retired. He bad background experience in engineering and had built his home. He now had the time and wished to make a contribution to the community. Sandra Humphries, 26238 Fremont Road, commented that she had been a resident of the Town for 22 years and was self-employed. She currently served as a member of the Environmental Design and Protection Committee. Michael Schoendorf, 13145 Byrd Lane, stated that he had lived in Town for 27 years. He believed the Town should make the codes even stricter. The houses should fit on the lot and lot mergers should be discouraged as a method to get bigger homes. Mr. Schoendorf did not support the huge trophy homes. Gloria Shiff, 12111 Old Snakey Road, supported preserving the integrity of the Town and believed the homes should blend in with the rustic nature of the Town. February 4, 1998 Regular City Council Meeting `, Bob Stutz, 25310 Elena Road, noted that he had lived in Town for 37 years and referred to his background involvement over the years with Town Committees and his interest in the Planning Commission. Council thanked all of the applicants for their interest in serving on the Planning Commission. In June this process would be repeated for two Planning Commission terms. In addition if any of the applicants were interested, they could apply for the Town's Standing Committees. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to appoint Richard Aurelio to the Planning Commission to fill an unexpired term ending June 30, 1998. 3. PLANNING COMMISSION REPORT The Planning Director reported that the following items were discussed at the 1/28/98 Planning Commission Meeting: Lands of Wilson, 11471 Page Mill Road: request for a site development permit for a new residence with an attached garage and a detached one car garage - approved; Lands of Malek, 11972 Rhus Ridge Road: request for a site development permit for a new residence and a variance to exceed the maximum development area - approved; Lands of Jain, 28510 Matadero Creek Lane: request for a site development permit for a new residence - approved; and Lands of Congregation Beth Am, 26790 Arastradero Road: proposed conditional use permit and site development permit for the construction of a 7,050 square foot multi-purpose building, additions of 4,225 square feet of classroom and administrative buildings, and 142 new parking spaces, to an existing religious facility and proposed negative declaration - continued. 4. CONSENT CALENDAR 11 MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed unanimously to approve the Consent Calendar: 4.1 Approved Minutes: January 21, 1998 (Regular Meeting) 4.2 Decided Not To Review the following Planning Commission Actions at its meeting on January 14, 1998: 4.2a Lands of Godinho, 12250 Menalto Drive: approved request for a site development permit for a new residence and pool 4.2b Lands of Silvestri, 13935 La Paloma Road: approved request for a site development permit for a new residence and pool 4.3 Accepted resolutions to vacate summarily a storm drain easement and accepted grant of storm drain easement, Lands of Hughes, 13535 Country Way — Resolutions #7-98 and #8-98 5. UNFINISHED BUSINESS 6. NEW BUSINESS 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES '` February 4, 1998 Regular City Council Meeting 7.1 Finance Committee: 7.1.1. Study Report on Fiscal Reserves Policy Council agreed to continue this item to a future Council Meeting. 8. STAFF REPORTS 8.1 City Manager 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence It was noted that the letter from Mr. Fish concerning secondary dwellings had been responded to by the Planning Director. In addition the Mayor would be sending a letter to the Danahers who recently lost their home to fire. 9. COUNCIL -INITIATED ITEMS 9.1 Appointments to Santa Clara Valley Water Commission and Northwest Flood Control Advisory Committee (Mayor Casey) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed ` unanimously to reappoint Councilmember Dauber the representative to the Santa Clara Valley Water Commission and to reappoint Councilmember Dauber and Public Works Manager Jim Rasp (alternate) to the Northwest Flood Control Advisory Committee. 9.2 El Monte Mud Slide (Councilmember Siegel) Siegel inquired about the mud slide on EI Monte and was advised that it was in the Town's right of way. 9.3 Woodland Library (Councilmember Dauber) Dauber reported that the Woodland Library had flooded with about three inches of rain. She noted that this was even more unfortunate since the library had just been recarpeted last year. 9.4 Library JPA (Councilmember Dauber) Dauber reported that the Joint Powers Authority had established a subcommittee on internet issues and she was the newly appointed chairperson of this subcommittee. 10. PRESENTATIONS FROM THE FLOOR 11. PUBLIC HEARINGS 11.1 Request for a modification to the tentative map conditions of approval (Tract 7187 — Matadero Creek Subdivision) to exceed the allowable development area for the lot at 28500 Matadero Creek Lane, Lands of Ratner February 4, 1998 Regular City Council Meeting The Planning Director outlined the background information on this item for the Council. He noted that the applicant proposed to construct a new two-story residence (with a basement) and cabana, with a total square footage of 8,825 square feet, on a 4.40 acre lot. The applicant was requesting that the Matadero Creek subdivision conditions of approval be modified to allow a maximum development area of 12,983 square feet, rather than the 9,340 square feet currently permitted for Lot 7 (the Town's Zoning Code would allow 47,345 square feet). On January 14'h the Planning Commission voted to deny this request. The Planning Director noted that when the Matadero Creek Subdivision was approved in 1981 the approval included conditions restricting the development area and the roof height for each of the twenty lots. The development area for each lot was based on the unencumbered area of the lot (not counting conservation and open space easements). These conditions were included in the conditions covenants and restrictions (CC&Rs) for the subdivision. The CC&Rs also created an Architectural Review Committee to review and approve the design of the homes in the subdivision. According to the CC&Rs, when the last lot was sold (this occurred in 1984) the Town would no longer be involved in the Architectural Review Process or in the enforcement of the CC&Rs. The City Attorney had notified the City Council that while they had no authority or obligation to enforce the CC&Rs, they did have the authority and responsibility to enforce the subdivision conditions of approval. In 1986 the City Council adopted Ordinance #305 which modified the definition of development area. The new definition included the second floor area in the calculation of development area. Confusion resulted in 1997 when the applicants submitted plans which included the second floor thus increasing the development area from 9,340 square feet (the amount allowed by the subdivision conditions of approval) to 12,983 square feet. The Planning Director noted that according to their review of the subdivision the second floor area had not been counted in the past and therefore should not be counted for the remaining two undeveloped lots in the subdivision. The Planning Director referred to the following options for the Council's consideration: 1. Deny the amendment and determine that the Town's current definition of development area should be applied to this and all subsequent development requests in the subdivision. This would require redesign of the project to comply with the development area and building coverage requirements. 2. Approve the applicant's request to amend the MDA allowable under the subdivision conditions of approval, but only to the extent of the second floor area approved for the site development permit; and direct the applicants back to the Planning Commission for site development review of the house. This would allow the applicants to move forward with review, and would also accommodate some increase in building coverage, depending on how much second floor area is approved. 3. Approve the request as per #2, but limit the building coverage to the limitations of the subdivision conditions (44% of 9,340 = 4,110 square feet), or as allowed by Resolution No. 1559, which provides for additional building coverage if second floor area is limited to less than 2,000 square feet. This approach would assure that the original intent of the building coverage provisions would be met. 4. Direct the City Attorney to review the issue further to determine whether a map amendment is necessary. This would allow additional input m to whether the Council could "interpret" the subdivision conditions to apply the 1981 definition of "development area" to the subdivision MDA restrictions in Matadero Creek. February 4, 1998 Regular City Council Meeting 5. Approve the applicant's request to amend the allowable development area to 12,983 square feet, which then increases the allowable building coverage to 5,713 square feet; and direct the applicants back to the Planning Commission for site development review of the house. Staff is concerned that this option allows additional development area even if the second story of the house is required to be reduced in size, contrary to the original intent of the subdivision, and would also increase building coverage accordingly. Staff recommended either option three or four as being consistent with the original intent of the subdivision and with subsequent site development approvals. Bob Lefkowits, 28515 Matadero Creek Lane; Jerrell Thomas, 27933 Via Ventura; and Nick Ward, 27947 Via Ventana each stated that they supported counting the second floor as development area. Mrs. Jain, 28510 Matadero Creek Lane expressed her opinion that the second floor area should not be counted. Mr. Romer, applicant, explained that when they had purchased the lot two years ago they had reviewed the files including Resolution #1559 and Ordinance #305. They had mitigated the impact of the proposed house on the neighbors, had kept within the Town's design guidelines and the subdivision's CC&Rs. Pong Ng, applicant's architect, presented an overview of their application with the Town. He referred to Resolution 91559 and their requested development area and further commented that they had tried to work within the Town's design guidelines. Rick Ettinger, 28520 Matadero Creek Lane, presented a brief history of the Matadero Creek Subdivision, a summary of the regulations adopted by the Town concerning the subdivision and a history of the development area adjustments in the subdivision. He noted that Resolution #1559 which was adopted in 1985 granted up to a 2,000 square foot shift of floor area from the second to first floor with an expansion of building coverage. According to his records most of the subdivision's residents building two story homes ignored this resolution. Mr. Ettinger acknowledged that the history of this subdivision had included confusion over the regulations. The conditions of approval of the subdivision were stricter than the regulations in the Town's Codes. In addition over the years adjustments to the allowed development area had been approved. He suggested that the following procedure be adopted at this time for all the lots in the Matadero Creek Subdivision: 1) Per the original subdivision plan development in the Matadero Creek Subdivision would be based on the unencumbered portions of the lots; 2) Calculation formulas that determine allowable development area (MDA), building coverage (BC) and allowable floor space (MFA) will be made using current Town Codes. These figures will be maximums per the Town Code; and 3) Should the above calculations result in increases of MDA beyond what was established at Matadero Creek and amended from time to time by resolution, additional amounts may only be used for outside development, not increases in floor area. Should the calculation result in a reduction of MDA from what was established at Matadero Creek, each property would retain the MDA figures listed by lot in the tentative map for the subdivision. Edwina Course, 27933 Briones Way, asked if the request before Council for Lot 7 was actually a variance and staff responded that it was not. Viole McMahon, 27975 Via Ventana, asked if this amendment would go with the lot and was advised that it would. February 4, 1998 Regular City Council Meeting Ruann Ernst, 28525 Matadero Creek Lane, noted that she was a resident in the subdivision and a member of the Architectural Review Committee. She commented that they had tried to be consistent in their review of projects but there was the legal and technical side of the issues as well as the practice and intent of them. They had always assumed that the second floor was counted. Bill Riffle, supported applying Ordinance #305 to the subdivision and thereby counting the second floor which he believed had always been the intent. Council discussed the various regulations for both the Town and the Matadero Creek Subdivision and the need for a consistent approach. Dauber thought that Rick Ettinger's suggestion was a good one and should be reviewed by staff to ascertain its impact on the lots. PASSED BY CONSENSUS: To direct staff to bring an analysis back to the Council at the March 4" Council Meeting on the impact of the following issues on the last two lots in the Matadero Creek Subdivision: application of Ordinance #305 to the unencumbered portions of the lots; map amendment; current conditions plus Resolution 91559; and application of regulations applied to the Matadero Creek Subdivision since 1986. 11.2 Request for a Site Development Permit for a new residence and pool and variance to allow grading over a property line, Lands of WytheNim, 13826 Moon Lane (Lot 2) (Page Mill Road) 11.3 Request for a Site Development Permit for a new residence and pool and variance to allow grading over a property line, Lands of Wythe/Vitu, 13824 Moon Lane (Lot 3) (Page Mill Road) Since many of the issues were the same for both of these lots, Council agreed to hold both public hearings together. Glenn Cahoon, applicants' designer, explained to the Council the changes that had been made to this project as a result of Planning Commission and staff comments. These changes included: stepping house to fit more into the natural grade, eliminating second story element, reducing project by about 500 square feet, reducing basement and putting it underneath house and increasing screening. The following addressed the Council in opposition to this project: Valerie, Ramona and Tim Chown, 13822 Page Mill Road; Nancy Bavoy 13816 Page Mill Road; Dot Schreiner, 14301 Saddle Mountain Drive; Erica Bredo, 13820 Page Mill Road; and Dru Anderson, 27820 Saddle Court. Nancy Bavor also referred to letters submitted by David Ewald, 13830 Page Mill Road, stating his opposition. They did not believe these houses fit into the Moon Lane neighborhood in that they were too large. They did not comply with the Town's design guidelines and Site Development Policy and there was far too much grading. In addition they did not meet with the spirit of the approved subdivision and included excess cut and fill. They recommended that the Planning Commission's denial be upheld and the applicants be requested to redesign the homes. This redesign should include smaller homes, lower roof lines and use of design materials which would fit better in the Moon Lane neighborhood. In addition they questioned that staff had not had an opportunity to specifically review these proposed changes to the project. John Germino, representing Mr. and Mrs. Handley of 13818 Page Mill Road, commented that the Handleys thanked Council for requiring a 14 foot road in the subdivision conditions but noted that they would like to see the road even larger. February 4, 1998 Regular City Council Meeting LIM Janet Vitu, applicant, addressed their project and noted that they were not using the maximum amounts of development on these lots. They had redesigned the homes and believed they would fit in well when completed. Hubbard noted that when this project had been before Council at an earlier meeting Council had given clear directions to the applicants. He believed these directions had been followed and Council and Planning Commission comments had been taken into consideration. Hubbard commented that they had reduced the square footage of the houses, reduced the height of the retaining walls, stepped the houses, followed the design guidelines, used materials that were appropriate, reduced size of pool and eliminated cut. The variance was also reasonable in that it was grading over the driveway area which was beneficial and appropriate. Casey and Johnson concurred with Hubbard's comments but Johnson did state that he felt the outside materials did not fit in with the neighborhood very well and asked the applicants to use less stone, more wood, etc. Dauber expressed disappointment that Hubbard had appealed these projects as she felt it undermined the decisions of the Planning Commission. She £other noted that staff had not had the opportunity to review the changes and it did not appear that the houses fit into the neighborhood. Siegel stated that he believed the facades of the homes were inappropriate. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously to continue these applications to the next meeting for submittal by the applicants of the corrected drawings to reflect the following changes: Lot #2: lower the highest section of the house to 23 feet maximum; limit the basement to be located directly beneath only one house level, preferably the middle level; modify facade; and modify the courtyard to be in compliance with the basement definition; Lot 93: lower the highest section of the house to 23 feet maximum; raise the garage elevation two or three feet; pull back the front elevation or lower the floor level of the front section of the house so that the finished floor does not exceed the existing grade by more than 4 '/z feet; modify the bedroom wing behind (above) the garage by reduction of square footage and/or changes to the floor plan so that there is no two-story element; modify facade; and delete the pool and relocate the spa to the pool location. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 12:10 a.m. Respectfully ` Patricia Dowd City Clerk The minutes of the February 4, 1998 Regular City Council Meeting were approved at the February 18, 1998 City Council Meeting. February 4, 1998 Regular City Council Meeting