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HomeMy WebLinkAbout01/18/1995 (2)Minutes of a Regular Meeting January 18, 1995 Town of Los Altos Hills City Council Meeting Wednesday, January 18, 1995, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Dauber called the Regular Meeting of the City Council to order at 6:07 p.m. in the Council Chambers at Town Hall. Present: Mayor Dauber and Councilmembers Casey, Hubbard, Johnson and Siegel Absent: None Staff: City Manger Jeff Peterson, City Attorney Sandy Sloan, Planning Director Linda Niles, Assistant Engineer Sheryl Kolf and City Clerk Pat Dowd Press: Jan Shaw, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 2.1 Appointment to Los Altos Library Commission Roger Summit, 13390 Lenox Way, commented that wanted to contribute to the community, that he now had the time and that he believed serving on the Library Commission would be an important area in which to participate. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously to appoint Roger Summit to the Los Altos Library Commission for a four year term. 3. PLANNING COMMISSION REPORT Planning Commissioner Gottlieb reported on the January 11, 1994 Planning Commission Meeting. At that meeting the application for a Site Development January 18, 1995 Regular City Council Meeting Permit for grading and a variance to allow grading within ten feet of the property �. line for Lands of Wise at 24301 Elise Court was approved. However, there seemed to be some confusion with one of the neighbors of this project and the hearing process so Council may wish to address this application. Presently the Commission was also reviewing the General Plan Elements, specifically roadway, open space and scenic highway. These should be going to Council for direction in the near future. It was agreed that Commissioner Gottlieb's comments on the Brockway subdivision would be more appropriate during the public hearing. Clarification of the recently adopted appeal period and which items should be included in which Planning Commission reports was discussed. It was agreed that the Commissioner should report on the planning items on the Council's Consent Calendar for that particular meeting. 4. CONSENT CALENDAR Items Removed: 4.1 - 11/30/94 minutes (Hubbard), 4.6 (Casey) MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: December 9, 1994 (Special Meeting) December 14, 1994 (Special Meeting) January 4, 1995 (Regular Meeting) 4.2 Approved Warrants: $49,664.73 (12/20/94) $47,620.95 (12/30/95) 4.3 Issued Proclamation: Celebrating the League of Women Voters' 75th Birthday 4.4 Issued Proclamation: Vietnamese Community Week - January 22-29,1995 4.5 Approved Certificate of Compliance, Lands of Fitzpatrick, 27451 Altamont Road - Reso #5-95 4.7 Approved contract with Jeff Peterson as City Manager - Reso #6-95 Items Removed: 4.1 Approval of Minutes: November 30, 1994 (Adjourned Regular) January 18, 1995 Regular City Council Meeting MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson Land passed unanimously to approve the minutes of the November 30, 1994 Adjourned Regular City Council Meeting with the following corrections: page 1 - Tryon should be shown as absent and Casey should be deleted from present -- she had not been sworn in yet; and page 3, first paragraph, delete the following sentences: "On the subject of appeals, it was agreed that Council should not get involved in redesigning projects. They should either support or deny the application and they should see exactly the application that had been reviewed by the Commission." 4.6 Accepted dedication of right of way adjacent to Altamont Road, Lands of Fitzpatrick, 27451 Altamont Road - Reso # Casey commented that her question on this item had been resolved. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Hubbard and passed unanimously to adopt Resolution #7-95 accepting dedication of right of way adjacent to 27451 Altamont Road from Lands of Fitzpatrick. 5. UNFINISHED BUSINESS 5.1 Approval of variance findings and clarification of maximum development area for Lands of Roley, 12200 Winton Way Dauber asked the following question: "If it is not possible to get a 4,700 square foot, one story house that did not block the neighbors' (the Baileys) view, which issue took priority in everyone's mind -- 4,700 square feet or one story? Council agreed that the main issue was single story. Council approved a single story house uo to 4,700 square feet, and one which would not block the Baileys view. If the Roleys' complied with these restrictions, they would be given their variance. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed by the following roll call vote to approve the variance findings to exceed the allowable maximum development area and maximum floor area for the rebuild of a fire damaged residence and construction of a major addition at 12200 Winton Way, as proposed by the Planning Director in her staff report dated 1/18/95 with the change to finding number two to state the reference to 'this section of Town' rather than 'into this neighborhood'. In addition it was agreed that the maximum development area would be proportionate to the maximum floor area (4,700 square feet) and this number would be determined by staff. The applicant was to be advised of this decision and it was further noted that as agreed at the last Council Meeting, the Roley's Site Development Permit application would come directly to the Council for public hearing. January 18, 1995 Regular City Council Meeting AYES: Mayor Pro Tem Siegel and Councilmembers Casey and Johnson NOES: Mayor Dauber and Councilmember Hubbard 5.2 Adoption of Ordinance amending the Municipal Code to add provisions relating to Code compliance (SECOND READING) Council discussed various aspects of the proposed ordinance including the reference to 'abandoned, discarded or unused objects or equipment. Casey was concerned farm equipment could fall into this category and she believed such equipment was part of the rural nature of the Town. Council noted that this would really be up to the good judgment of the Council and the City Attorney noted that this was already in the Code and it had not been abused. Concerning the reference to property values in Section 6-5.01(k), the City Attorney stated that this referred to an opinion of a real estate agent not an appraisal of the property. Mr. and Mrs. Cornelius Stevenson, Palo Alto, noted they stored farm equipment on the property at 26240 Fremont Road and questioned the impact of this ordinance on them. They commented that what was a nuisance to one person may not be a nuisance to another. Richard Harman, the caretaker of the property at 26240 Fremont, stated that 12 people lived on the property which was the reason there were so many vehicles. PASSED BY CONSENSUS: To amend Section 6-5.02(b) to reflect 30 days to abate and to state the Town "may" abate the nuisance, not the Town "will" abate. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously to waive further reading of ordinance and to adopt Ordinance #374 amending the Los Altos Hills Municipal Code to add and amend provisions relating to code compliance with changes as recommended by Council. 6. NEW BUSINESS 6.1 Request from Historical Society for support of proposal to County for funding for Town Shed Project for farm equipment at Heritage House MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously to adopt Resolution #8-95 regarding construction of a farm equipment shed at the Heritage Preserve. 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES January 18, 1995 Regular City Council Meeting 8. STAFF REPORTS 8.1 City Manager 8.2 City Attorney 8.2.1 Nuisance Complaint received for 26240 Fremont Road The City Attorney noted that the nuisance complaint received for 26240 Fremont Road would be processed under the code compliance ordinance adopted at this meeting. The resident filing the complaint should be advised of this and staff should proceed with their investigation of the property under discussion. 8.3 City Clerk 8.3.1 Report on Council Correspondence dated January 13, 1995 9. COUNCIL -INITIATED ITEMS 9.1 Housing Survey (Councilmember Johnson) L Johnson reported that the tabulations were being prepared on the recent housing survey taken in the Town. The response to this survey had been excellent and it appeared that the statistical analysis was going to show affordable housing units in the Town (secondary dwelling units) well over the required amount. The Council subcommittee on housing planned to meet later in the month and a report would be forthcoming to Council. On the subject of housing, Dauber noted that she would be attending a meeting on January 28th with Senator Tom Campbell and the Mayors of Los Altos and Cupertino to discuss housing issues, specifically how the housing element should be changed. Some of the issues Dauber planned to raise were shared housing, consideration of larger geographic areas and shared resources. 9.2 January Storm (Mayor Pro Tem Siegel) Siegel stated his concerns about the role of the Los Altos Firefighters in the recent storm. He understood that due to the slow response time of PG&E, the firefighters were called out to guard downed power lines until PG&E arrived. In addition to the slow response time, the inability of anyone to get through to PG&E during the storms was not in everyone's best interest. Siegel recommended contacting the Public Utilities Commission and asking them to investigate these issues. Johnson suggested contacting PG&E first and asking them to attend a Council Meeting to January 18, 1995 Regular City Council Meeting discuss these concerns. Casey was concerned about staff not having any information for the residents. There should be better communication between Town Hall, PG&E and the residents. The City Manager further noted that there were some drainage problems and pathways damage with the worst flooding damage occurring at Fremont and Edith. He did not recommend applying for assistance from FEMA however as the damage was due mostly to erosion and required new not repaired systems. Concerning the traffic signal at Voorhees, this appeared to be a PG&E problem and was being investigated. In response to the concerns raised by Dauber regarding the ditches forming on Page Mill, the City Manager noted that the present budget did not allow for this work to be done but it could be addressed in next year's Pavement Management Program. It was agreed that PG&E representatives would be asked to address the Council within a month on the storm concerns. 9.3 Compost Sub -Committee (Mayor Dauber) Dauber reported that the compost subcommittee would be meeting in the near future. 9.4 Community Development Block Grant Citizens' Advisory Committee (Mayor Dauber) Dauber reminded Council that representatives needed to be appointed to the Community Development Block Grant Citizens' Advisory Committee. Both Ray Rooker and Donna Bartelink had resigned. 9.5 Garbage Services (Councilmember Casey) Casey thanked the Mayor for handling the recent phone calls from residents concerning garbage services. 9.6 Farmers' Market (Mayor Dauber) Dauber reminded Council that the Farmers' Market was going to be discussed at the next Council Meeting and if anyone knew of someone interested in participating in such a market they should call Town Hall. 9.7 Technology Improvement Committee (Councilmember Johnson) Johnson noted that he was preparing a letter for the Technology Improvement Committee which should be ready for mailing in a couple of days. 10. PRESENTATIONS FROM THE FLOOR January 18, 1995 Regular City Council Meeting 11. PUBLIC HEARINGS 11.1 Request for a six lot subdivision and certification of negative declaration, Lands of Brockway, 25525 Moody Road Shelley Doran, Planning Commissioner, stated for the record that she had been unable to attend the Planning Commission Meeting at which this subdivision had been voted upon. However, she was in full support of the project and would have voted favorably for the project. Planning Commissioner Gottlieb thanked Bev Brockway, the applicant, for being cooperative, courteous and hospitable during this application process. Gottlieb reported that the Commission had addressed several issues regarding this subdivision including, conservation easements, heritage trees and configuration of lots. Regarding the size of the lots, staff's review resulted in accurate figures substantiating six lots in this subdivision. In addition, Gottlieb noted that the conditions were worded in such a way to make the constraints on the lots perfectly clear to purchasers. Bev Brockway, applicant, thanked everyone for their assistance during this process. She noted that in addition to engineering and architectural consultants for the f� project, the arborist Barrie Coates had also been contacted. On the subject of trees, �r quite an effort had been made to save the trees. Of the 165 significant trees (8"+) on the property, approximately 13 were being removed, some of which were smaller than 8" and others which were dying. There was an 18" oak on Hidden Springs Road which was being removed to preserve the remaining cul-de-sac trees. Ms. Brockway thought the lots were naturally laid out and the lots would be screened from the neighbors. The drainage problems had been resolved with three homes draining toward Altamont and three toward Moody. On the subject of the street vs. cul-de-sac Ms. Brockway stated that because of the narrowness of the property it would have to be a long narrow street through the property. This could be done but they recommended cul-de-sacs which would result in saving more trees. Ms. Brockway commented on the sewer system and the lot stipulations which would be included in the conditions covenants and restrictions. Ms. Brockway suggested removing some of the conservation easements as they were not necessary for the protection of the trees and would make the lots less complicated. She further suggested deleting the reference in the conditions to continuing the path along Altamont around the cul-de-sac as a cleared native path. January 18, 1995 Regular City Council Meeting Raymond Miller, applicant's architect, referred to the proposed conditions of approval particularly those addressing specific constraints on the lots. He suggested that the wording for lot 1 be the same as for lot 5 (It may be possible for a partial two story section at the lower portion of the hill, however, only a one story will be allowed at the upper portion of the hill.) Concerning lot 6, Mr. Miller commented that the garage might not be on the same level as the house and he would suggest referring to a split level house rather than one story. Planning Commissioner Doran stated that the Planning Commission had carefully studied the conservation easements on this property and she would not agree with any changes being made at this time regarding these easements. Planning Commissioner Gottlieb strongly supported the conservation easements especially along Moody to maintain the scenic roadways. Jean Struthers, Chairman of the Environmental Design and Protection Committee, noted that she had supported this subdivision in part because of the conservation easements. She commented that they were very important toward saving the oak trees whose roots went far beyond the drip lines. She further suggested that posts be placed to protect the trees in the cul-de-sacs. Planning Commissioner Dot Schreiner stated that she was opposed to this subdivision because she believed it should be five lots instead of six. Joseph Diaz, Los Altos, commented that he was a member of Santa Clara County's Flood Control Commission and he had reviewed the Brockway subdivision. In his opinion the water flowed well over this property Jeff Lea, applicant's engineer, addressed the issue of the cul-de-sacs and the possibility of moving them to save the 18" tree on Altamont. He noted that the cul- de-sac was located close to the road to achieve more rural area and moving the cul- de-sac would result in more constraints on Lot 1. While it was possible to move the cul-de-sacs, he did not believe it was beneficial. Dauber stated her major concern about this project was the lack of parking which in her opinion resulted in traffic problems for Moody and Altamont. There was also no off-site parking for the residents and guests of this subdivision. Dauber recommended a long street through the subdivision or a longer neck to the cul-de- sacs. Johnson and Siegel did not believe traffic was a concern. In fact traffic was being diverted to both Moody and Altamont thereby minimizing the traffic from the subdivision. January 18, 1995 Regular City Council Meeting PASSED BY CONSENSUS: To amend condition #7 to include sanitary sewers. PASSED BY CONSENSUS: To amend condition #8 as follows: to add the statement that there were further restrictions on the lots as set forth in condition #31 (include condition #31 in its entirety); to add the statement (in the conditions and the CC&Rs) that the owner shall be responsible for carrying out a plan of protection for the heritage trees; and to add the following statement: "The recorded restriction and the CC&Rs shall also include a statement as set forth for each lot in condition #31 that the development area and floor area for each lot SHALL be restricted further from Maximum Development Area (MDA) and Maximum Floor Area (MFA) due to lot constraints such as the Human Habitation Setback (HHSB) from the existing fault trace crossing lots 1 and 6; conservation easements; topography; existing swales; significant stands of trees; and required development setbacks." PASSED BY CONSENSUS: To amend condition #31, Lot #1 by deleting the following: "It may be possible for a partial two story section at the western portion of the lot, however, only a one story will be allowed at the eastern portion of the lot." PASSED BY CONSENSUS: To amend condition #31, Lot #6 by adding the following: "except for allowing a garage on the east side of the lot". PASSED BY CONSENSUS: To state that condition #33 shall be included in the CC&Rs. PASSED BY CONSENSUS: To amend condition #35 as follows: delete the phrase "Heritage Oak trees" and replace with "Heritage trees"; and add the following: "dated 12/14/94. Heritage trees require a plan of protection which shall be provided by the subdivider for these six trees prior to the recordation of the final map. This plan shall be attached to the CC&Rs. PASSED BY CONSENSUS: To include a reduced copy of the 12/14/94 map as well as a list of the conservation easements in the CC&Rs. MOTION SECONDED AND CARRIED: Motion made by Siegel and seconded by Casey and passed by the following roll call vote to certify the negative declation and approve the tentative map for a six -lot subdivision for Lands of Brockway, 25525 Moody Road, subject to the conditions of approval as recommended by the Planning Commission and amended by Council. AYES: Mayor Pro Tem Siegel and Councilmembers Casey, Hubbard and Johnson NOES: Mayor Dauber January 18, 1995 Regular City Council Meeting Dauber stated that she objected to this subdivision and voted against it because of �W the lack of road attached to the cul-de-sac. L 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 10:10 p.m. fullitted, Patricia Dowd City Clerk The minutes of the January 18, 1995 Regular City Council Meeting were approved at the February 1, 1995 City Council Meeting. 10 January 18, 1995 Regular City Council Meeting