Loading...
HomeMy WebLinkAbout02/19/1997Minutes of a Regular Meeting February 19, 1997 Town of Los Altos Hills City Council Meeting Wednesday, February 19, 1997, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Hubbard called the Regular Meeting of the City Council to order at 6:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Hubbard and Councilmembers Casey, Dauber, Johnson and Siegel Absent: None Staff: City Manager/City Engineer Jeff Peterson, City Attorney Sandy Sloan, Planning Director Curtis Williams, Public Works Manager Ed Taylor, Finance Director Carol Ferrell and City Clerk Pat Dowd Press: Clyde Noel, Los Altos Town Crier 2.1 Presentation by Judge Leslie Nichols, Presiding Judge of the Superior Court, on matters related to the work of the Superior Court and the administration of justice in Santa Clara County. Judge Nichols thanked the Council for allowing him the opportunity to address them on court related issues. He noted that he had contacted each of the cities in Santa Clara County in an effort to educate and interact with city officials as well as the public. Judge Nichols explained the court system in Santa Clara County noting in particular that there were three separate divisions: civil, criminal and family resources. Judge Nichols also commented briefly on the establishment of the Family Law Clinic and the Trial Court Funding Issue. 3. PLANNING COMMISSION REPORT February 19, 1997 Regular City Council Meeting The Planning Director did not have a report as the Planning Commission did not meet on February 12th. 4. CONSENT CALENDAR: MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to approve the Consent Calendar, specifically: 4.1 Approved Minutes: February 5, 1997 (Adjourned Regular Meeting) February 5, 1997 (Regular Meeting) 4.2 Reviewed Warrants: $98,607.82 (1/31/97) 4.3 Accepted Investment Report for the Quarter ended 12/31/96 4. Approved Management Letter 5. UNFINISHED BUSINESS 5.1 Approval of Site Development Policy Statement Council reviewed the draft site development policy statement as prepared by the Planning Director. A discussion followed on the paragraph recommending that applicants share their plans with neighbors in advance of the hearings to identify and possibly resolve areas of conflict. Hubbard, with the concurrence of Casey and Dauber, expressed concern about too much emphasis on neighbor approval. It should not become a popularity contest with petitions being circulated. Siegel however agreed with the statement commenting that it encouraged the sharing of the project design with neighbors prior to hearings to help resolve potential problems. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously to adopt the Site Development Policy Statement as included in the 2/19/97 staff report (on file at Town Hall) with the following correction: Delete the fourth paragraph and replace with the following: "The Town will take into consideration the impacts of a project on neighbors. Public notice and hearings are a critical part of the review process." 6. NEW BUSINESS 6.1 Interpretation of nonconforming structures provision: 24700 Olive Tree Court (Lambert) February 19, 1997 Regular City Council Meeting Hubbard reminded all present that the focus of this discussion was the definition of `, nonconforming structures, not any individual project. The Planning Director noted that there was an increase in nonconformity which resulted in a situation more appropriately addressed by the variance procedure. Bob Logan, applicant's attorney, commented that his clients' home burned down in 1995. The Lamberts now were planning to rebuild and the question had been raised about'grandfathered nonconformities' and the phrase'increase in the nonconformities'. He and his clients concurred that any changes to floor area, development area, setbacks, design, location and footprint would be allowed as long as they did not result in an increase in the nonconformities of the lot. The issue not resolved was that of height. The Lamberts were planning a house that was in the original location but larger than the original house. They concurred that the resulting setback encroachment would require a variance. The Lamberts believed however that the Town's Code allowed the house to be rebuilt to the pre-existing nonconforming height even if the excess height was in a different location than for the original structure. Mr. Logan referred to the Town's Code and believed that any reasonable reading of it would allow his clients to build their proposed house. Elaine Lambert, applicant, commented that the proposed new home was in the same location as the original home as there really was no choice on this steep lot. It was a slightly larger home, however, to allow for the landslide problems on the lot. They had worked for some time now reviewing the Codes and working on a house design that would conform to the Codes. They were shocked to find they did not comply with the nonconformities issue and had never been told they would need a variance for the height request. Dave Anderson, 24696 Olive Tree Court; Richard Winkelman, 24692 Olive Tree; Ellen Bush, 24603 Olive Tree Lane; and Carol Curran, Los Altos, each addressed the Council in support of the Lambert's project. They all believed the proposed new home would fit in much better in the neighborhood than the original house. The Planning Director stated that in June of 1995 he had discussed with the Lamberts the possibility of shifting the house away from the landslide area. This also included the possibility of going into the setback to get away from the unstable area. However, the project that was proposed was totally different. The Planning Director further stated that the Lamberts were never told they met the nonconforming issue. Johnson believed the appropriate course was to apply for a variance and because of the unique features of the lot he believed it would have a good chance for a favorable review. Casey stated she thought the Lamberts' request should be allowed according to the Town's Codes. They were building in substantially the same location; the nonconformities were not being increased; and the Lamberts' project would have to go Vr+ February 19, 1997 Regular City Council Meeting through the public hearing and review process. Siegel concurred with Johnson that a variance not an ordinance interpretation was the correct option. This house already had rights other did not because it burned down. It could not be built today as it exceeded current allowed conditions. Dauber concurred with Johnson and Siegel. Hubbard too concurred with Dauber, Johnson and Siegel noting that this project was significantly different than the original house and the variance process would be the best way to deal with it. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed by the following roll call vote to uphold the Planning Director's interpretation of the Town's Code stating the following: nonconforming height and setbacks of demolished structures may only be retained if the structure is rebuilt substantially in the same location as the original structure, and that any new development outside of the original footprint would require compliance with current Code provisions for height and setback. AYES: Mayor Hubbard and Councilmembers Dauber, Johnson and Siegel NOES: Mayor Pro Tem Casey 6.2 Request for an Extension of Reimbursement Agreement for Sanitary Sewer The City Manager noted that the Town had entered into an agreement in 1977 with Donald and Beverly Robles (now Beverly Lewis) for reimbursement of a portion of the costs for the sanitary sewer main which they installed for their development. According to this agreement, the Robles would be reimbursed by residents connecting to the sewer line during the twenty year period of this agreement. At this time Mrs. Lewis was requesting a five-year extension of this agreement. The City Manager reported that in recent years such agreements were approved for a period of ten years which was considered to be a reasonable amount of time for reimbursement as well as administration by the Town of the agreement. Staffs recommendation, therefore, was to deny the claim. Beverly Lewis, applicant, explained her request for an extension, noting that Lot 1 hooked up to the sewer seventeen years into the agreement. She did not believe this would be precedent setting as there had been no other such requests. Siegel commented that such lengthy agreements were quite difficult to manage. He recommended that standards be outlined in the Town's Code for the length of time for such agreements. Dauber and Hubbard stated it should be fair for all residents and these agreements should not be extended for some and not all. Casey doubted this would be a major issue or precedent setting. She believed most residents would hook up to the sewer line in the amount of time allowed. 14W February 19, 1997 Regular City Council Meeting MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Siegel and passed by the following roll call vote to deny the request for extension of the reimbursement agreement for sanitary sewer for Lands of Lewis on DeBell Drive. AYES: Mayor Hubbard and Councilmembers Dauber, Johnson and Siegel NOES: Mayor Pro Tem Casey 6.3 1996-97 Mid -Year Financial Summary and Recommendation for Budget Amendment -- Reso # PASSED BY CONSENSUS: Show Sheriff Services and Animal Control as separate line items. PASSED BY CONSENSUS: A final report with final expenses shall be submitted for any committee project within two months of the completion of the project or at the end of the fiscal year. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to adopt Resolution #11-97 adopting the Mid -Year Budget changes for Fiscal Year 1996-97. 6.4 Acceptance of Comprehensive Annual Report for 1996 MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to accept the Comprehensive Annual Report for 1996. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Report from Communications Subcommittee Casey reported that the Communications Subcommittee had met on 2/18/97. Three issues were discussed. First, should there be an ongoing standing communications committee. It was noted that the Community Relations Committee had this as one of its charges and Duffy Price would get input from the Community Relations Committee on this issue. Second, agendize for Council discussion at budget time the issue of a new Town Survey. Third, develop a chart for Planning Commission and City Council with recommendations on the level of notification (i.e. Town -wide mailing) for projects. Siegel believed there should be specific reasons for notification, not just "affects property value". It was agreed that Casey would complete the Council Capsule on the Communications Subcommittee and it would be copied to Council for their information. February 19, 1997 Regular City Council Meeting 8. STAFF REPORTS 8.1 City Manager 8.1.1 City Managers' Association The City Manager reported that the County Assessor Larry Stone was going to address the City Managers' group at their April Meeting. If Council had any questions they would like to put forward, please let him know. 8.1.2 Parcel Data Base The City Manager apologized that the parcel data base presentation was not on tonight's agenda. It would be brought to Council in March. 8.1.3 LaPaloma Drainage The City Manager reported that he had met with the La Paloma neighbors on the drainage issue. It appeared the consensus was going toward an open channel. However, although progress was being made, construction might not begin this summer. `r 8.1.4 Moon Lane The City Manager commented that the Wythe/ Vitu subdivision was progressing with as much activity as could be taken at this time of year. 8.1.5 Page Mill Road The City Manager reported that part of Page Mill may have to be closed at some point in the spring to lay a sewer line. 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence 9. COUNCIL -INITIATED ITEMS 9.1 Warrant List (Councilmember Dauber) February 19, 1997 Regular City Council Meeting v Dauber asked for clarification of certain items on the warrant list. First, she asked if the addresses could be shown on the warrant list for return of deposits. Also Dauber inquired about the $9,400 claim cost and the warrant item for Santa Clara Valley Water District Pollution Prevention. Staff clarified these warrants. 9.2 March 19, 1997 City Council Meeting (Mayor Pro Tem Casey) Casey noted that she was unable to attend the 3/19/97 City Council Meeting. 9.3 San Antonio Hills (Councilmember Johnson) Johnson commented that discussions were underway among the residents of the San Antonio Hills area on annexation to the Town. 9.4 Fire Commission Meeting - 2/18/97 (Councilmember Siegel) Siegel reported that at the 2/18/97 Fire Commission Meeting authorization was given to proceed with a pilot project for free chipping of yardwaste. McClenahans Tree Service will go on the property and will either take the chips with them or leave them at the property owners request. 9.5 Los Altos Garbage Company (Mayor Hubbard and Councilmember Dauber) Hubbard and Dauber, as members of the Subcommittee on Solid Waste, stated that they had met with Bill Jones of the Los Altos Garbage Company and staff to discuss solid waste issues. One proposal was to begin curbside yardwaste pickup and to close the yardwaste center. Another proposal was to decrease the clean up days to three and to hold them in one location. Council discussed these suggestions and agreed that the yardwaste center should be closed and the clean up days reduced to three but did not agree with holding the clean up days in one location. Dauber stated that LAGCO staff had said at their meeting that it was mathematically impossible to allocate as stated in the contract with the Town. Hubbard and Dauber believed the allocation should be according to Schedule H in the contract. Additional meetings would be scheduled with LAGCO to discuss these issues. 9.6 Volunteer Dinner (Mayor Hubbard) Hubbard briefly reviewed the schedule for the Volunteer Dinner on 2/20/97. 10, PRESENTATIONS FROM THE FLOOR Lisa Sokolov stated for Council's information that she had submitted on this date a lkw construction permit for a new project. February 19, 1997 Regular City Council Meeting ja, 11. PUBLIC HEARINGS 11.1 Lands of Chao/Pang, 25701 Lomita Linda Court: request for a site development permit for a new residence, pool and spa Gary Ahern, Focal Point Design, explained the revised plans which were before Council and how these changes affected the impact from Magdalena and the impact on the immediate neighbors. Mr. Ahern noted that all but three of the rooms of the house had been changed; the balcony had been reduced from 156 square feet to approximately 100 square feet; there was now a ten foot offset from the garage and a roof would be added over this offset to soften the impact of the elevation. On the subject of landscaping, Mr. Ahern stated that they did not have room to move the house and even if they moved everything back ten feet it would not matter. Also they could not rotate the house because it would open onto the retaining wall. Concerning the second retaining wall, it was now felt a better approach was to plant in boxes and after the plants had grown to eliminate the boxes. Mr. Ahern described the proposed landscaping for this project. Brian Carrie, 25655 Fernhill, stated that they had lived next door since 1985. This proposed project had a major negative impact on their home and he did not feel the minor changes which had been made helped. He believed it was a footprint issue and a ten foot move would greatly benefit them. A peitition had been signed by about thirty neighbors who were against a two story home being built on the ridge line and their concerns had not been met. Mr. Carrie made the following suggestions: reduce the square footage of the house to reduce the impact of the house; get a variance to move the footprint of the house; or make the house one story with an underground garage. Bob Owen, The Owen Companies, commented that screening had been an issue but now he believed it had been addresssed with particular emphasis on the side of the house to help screen it from the Carrie's property. Mr. Owen stated that he had originally recommended the second retaining wall but now he believed the use of planter boxes was a better option. Jim Crowder, 11730 Magdalena, asked for clarification on where the house was going to be placed and what could be seen from Magdalena. Johnson noted that landscaping was an important issue when this project first came to the Council in December and the applicant was urged at that time to submit a landscape plan. Johnson was disappointed at the scale of the remodel for this project and the fact that no landscaping plan had been submitted prior to partial plans submitted at this meeting. However, after seeing the preliminary plans for landscaping, he supported the applicant's submittal. Casey believed the changes made to the project were significant and the landscaping issue had been addressed with the landscaping details iow February 19, 1997 Regular City Council Meeting [� to be worked out at a later date. Hubbard too believed the landscaping concerns had been addressed and supported the applicant. Siegel did not believe the height had been grandfathered for this project and he recommended the house be redesigned to one story. Dauber thought this was a difficult house to mitigate and they did not have enough information before them on the landscaping issue. She commented on the need for the terrace to have more landscaping as well as the side of the house. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Casey and passed unaimously to delete the following from condition #3: "In particular, a second wall shall be constructed along the west of the existing retaining wall to provide a planting area for trees and other landscaping which will screen the west elevation from the neighboring properties." PASSED BY CONSENSUS: To add a statement to condition #3 that particular emphasis shall be placed on landscaping the southwest and northwest comers of the west wall. PASSED BY CONSENSUS: To change the inspection date for the landscaping from two to three years. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Hubbard and passed by the following roll call vote to approve a site development permit for a new residence, pool and spa for Lands of Chao/ Pang, 25701 Lomita Linda Court, subject to the conditions of approval as amended by Council. AYES: Mayor Hubbard and Councilmembers Casey, Dauber and Johnson NOES: Councilmember Siegel PASSED BY CONSENSUS: To direct that the landscaping plan for the Lands of Chao/Pang, 25701 Lomita Linda Court, will be brought directly to Council for review. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 10:20 p.m. Re ectfull s matted, Patricia Dowd City Clerk The minutes of the February 19, 1997 Regular City Council Meeting were L. approved at the March 5, 1997 Regular City Council Meeting. L February 19, 1997 Regular City Council Meeting