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