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HomeMy WebLinkAbout04/06/1994L. Minutes of a Regular Meeting April 6,1994 Town of Los Altos Hills City Council Meeting Wednesday, April 6,1994,6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Pro Tem Dauber called the Regular Meeting of the City Council to order at 6:05 p.m. in the Council Chambers at Town Hall. Present: Mayor Pro Tem Dauber and Councilmembers Hubbard, Siegel and Tryon Absent: Mayor Johnson Staff: City Manager Les M. Jones, II, City Attorney Sandy Sloan, Assistant City Attorney Tom Murtha, Director of Public Works Jeff Peterson, Planning Director Linda Niles and City Clerk Pat Dowd Press: Jan Shaw, Los Altos Town Crier Dauber referred to an article in the Town Crier stating that the Neary Quarry Development was on tonight's agenda. This was incorrect information. 2. APPOINTMENTS AND PRESENTATIONS 2.1 Appointments to Joint Volunteer Awards Committee MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously by all members present to appoint Hazel Gibson, Ann Bjorklund and Carol Gottlieb to the Joint Volunteer Awards Committee each for a two year term. It was further agreed that this issue would be brought back to the next Council Meeting for clarification of recent appointments and terms. 2.2 Appointment to Community Relations Committee/Pathways Recreation and Parks Committee April 6, 1994 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously by all members present to appoint Diane Barrager to the Pathways Recreation and Parks Committee for a term of two years. 2.3 Pathways Recreation and Parks Committee: recommendation of committee member for appointment to the Westwind Board of Directors MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to appoint Carol Gottlieb to the Westwind Board of Directors as the representative from the Pathways Recreation and Parks Committee for a six month period. It was further agreed to request the Pathways Recreation and Parks Committee to make a recommendation on a job description for this appointment and also make a recommendation on the length of the term. 3. PLANNING COMMISSION REPORT (Commissioner Ettinger) Commissioner Ellinger reported that at the March 23rd meeting the following issues were discussed: Lands of Jue, 12896 LaBarranca - Site Development Permit approved; Lands of Draeger, 27811 Lupine - Site Development Permit continued; Lands of Inouye, 14250 Miranda - Site Development Permit continued; and Lands of Vucinich, 13826 Page Mill Road - tentative map - continued with a special Planning Commission Meeting scheduled to discuss the drainage issue on Moon Lane. Also discussed at the meeting were: 1) the procedure and requirements for conversion of kw a private road into a public road; and 2) how much of a house can be removed before it is no longer a house. 4. CONSENT CALENDAR PASSED BY CONSENSUS: To add Items 8.1.1 and 9.2 to the Consent Calendar Items Removed: 4.1 3/2/94 minutes and 3/30/94 minutes (Dauber) and 4.4 (City Manager. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously by all members present to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: March 16, 1994 (Adjourned Regular Mtg.) March 16, 1994 (Regular Meeting) 4.2 Approved Warrants: $62,826.16 (3/24/94) 4.3 Awarded Certificate of Appreciation -- Gail Solomon: Community Relations Committee April 6, 1994 4.5 Terminated Town Handbook Subcommittee and Design Guidelines Subcommittee 4.6 Terminated Subcommittee on Solid Waste and established a Subcommittee on Solid Waste Franchise Agreement Rate Review 4.7 Approved and authorized execution of agreement between the Town of Los Altos Hills and John Vidovich regarding environmental review -- Reso #13-94 4.8 Approved and authorized execution of agreement between the Town of Los Altos Hills and David J. Powers & Associates -- Reso #14-94 4.9 Approved recommendation on charge for Design Guidelines Booklet 4.10 Approved authorization to attend the Mayors and Councilmembers Institute -- May 11 - 13, 1994 in Sacramento (Mayor Johnson) Items Removed: 4.1 Approval of Minutes: March 2, 1994 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously to approve the minutes of the March 2, 1994 City Council Meeting with the following correction on page 7, first paragraph, second line "inappropriate" should be "appropriate". 4.1 Approval of Minutes: March 30, 1994 PASSED BY CONSENSUS: To send the minutes of the March 30th Joint Meeting to the Planning Commission for comment and corrections before they are brought to Council for final approval. 4.4 Approval of Lease Agreement, License Agreement and amendments to the By -Laws with Friends of Westwind -- Reso #__ This item was continued to the next Council Meeting. 5. UNFINISHED BUSINESS 6. NEW BUSINESS 6.1 Requests to rebuild houses demolished in 1989 Earthquake April 6, 1994 3 %, a) Request from Pat Rahn to allow rebuild of house demolished during the 1989 earthquake at previous non -conforming square footage, 25701 Lomita Linda Court b) Request from Pong Ng on behalf of Stephen Bethke to allow rebuild of house demolished during the 1989 earthquake at previous non- conforming square footage, 12894 LaCresta Drive and to waive fees Council had before them two requests for rebuilding houses demolished in 1989 earthquake now at previous non -conforming square footage. A discussion followed on the letters sent from staff stating the timeframes involved for rebuilding after the earthquake and the extensions granted at that time. Hubbard was concerned about the residents who had complied with the extensions and the inequity of now allowing such rebuilding. Tryon asked what the legally permitted square footage was for each of these lots but the Planning Director responded that there was limited information available on both lots. Dauber suggested that the applicants could come in for a variance. Siegel asked about the time limit for rebuilding non -conforming uses and also referred to the sewer issue for these lots as he believed this was a complex issue. Mr. Stephen Bethke, applicant, presented his case to the Council for rebuilding. He noted that he had not been in a financial position at that time to build but the �W maximum floor area restriction, if imposed on this lot now, would greatly impact the value of the house. Pong Ng, Mr. Bethke's architect, explained the configuration and the design of the lot. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously by all members present to continue these requests to the May 4th Council Meeting with the understanding that the applicants could begin the process of filing an application, paying the fees, working with staff on the options including a possible variance request. It was further decided to re-establish the subcommittee of the Council (Hubbard and Siegel) on planning issues to address the issues of remodels and non -conforming structures and bring a report to the Council on May 4th. 6.2 Discussion of Palo Alto Golf and Country Club Negative Declaration and Proposed Expansion Dauber reported that she had gone to the Palo Alto hearing on this issue and had raised her concerns as a resident of the Town. She believed this was an unusual piece of property and this expansion would have a direct affect on the Town and its residents. Hubbard did not agree with this process. He noted the applicant and April 6, 1994 ( consultants were before Council and he believed the appropriate forum for the V Town's comments was to go to the Palo Alto hearings. This was a costly and time consuming process for the applicant. Tryon shared Hubbard's concerns about the process and delaying the public hearing but since Palo Alto had agreed to continue the issue to April 11th she would like to proceed to hear comments from those present. Don Klages, President of the Palo Alto Hills Country Club, gave a brief history of the club and the improvements which had been made in the past. He also outlined what was currently being proposed: create a clubhouse for the members; create a spacious entrance and lobby; upgrade locker room and plumbing; upgrade seismic requirements; comply with ADA requirements; and allow the club to compete with the Los Altos Country Club and the Sharon Heights County Club. They also planned to create a safer entrance to the club and provide additional landscaping thus increasing the value of everyone's property. Mr. Klages referred to the traffic studies which had been done, the several meetings which had been held, the mitigation measures planned for noise, the use of non -glare glass and eaves, and the number of events proposed for each year. He further noted that this project had received the unanimous support of the Palo Alto Planning Commission. David Yazhari, traffic consultant, referred to the traffic studies done for this project and their determination that this project would not have a significant traffic impact on neighboring streets of the club. Linda Ludden Poncini, applicant's architect, explained the design of the project noting that the addition to the club was 4,800 square feet. She commented on the proposed use of high efficiency glass, use of deep overhangs and use of automatic shading systems. Ms. Poncini also commented that from 280 one did not see the club at all. Lynn Nelson, General Manager of the Palo Alto Country Club, addressed the design of the proposed additions, part of which were to be used by members only. She also commented on the issue of fire safety noting her belief that one of the safest places to be in a fire was on a golf course with the water areas. She also noted that the traffic on Page Mill was not just for the Club but also for Foothill Park. In conclusion she commented that the Club was very community oriented and often worked closely with the Little League. Julia Baigent, applicant's attorney, commented that this was a relatively small addition being proposed and some of the issues being discussed were not necessarily about the addition but about the club itself which had been there for a long time. She noted that this project had been discussed at length by Palo Alto and mitigation measures had been proposed. April 6, 1994 The following addressed the Council in opposition to this project: Joan Schlenz, 13551 Paseo del Roble, Jerry Schwartzman, 3077 County Club Court, Palo Alto and Donna Leanheart, 27885 Fawn Creek Court. They raised concerns about impact on the neighborhood, increased traffic including tour buses, increased number of events, safety, noise and negative visual impact from lighting. The following addressed the Council in support of this project: Anthony Kozy, Los Altos (submitted a petition in support), Thomas Fame, 27853 Lupine Road and Ingrid Jackson, 12455 Briones Way. They believed the concerns about traffic, noise, lighting, etc. had been adequately addressed by the club and the expansion project was appropriate and should be approved. Tryon stated that she trusted Palo Alto would listen to the Town's concerns especially relating to safety and traffic. Hubbard reiterated his comments about the Palo Alto public hearing being the appropriate forum for comment. He believed this was a relatively insignificant expansion on the part of the club. Seigel stated his concerns about increased traffic. Dauber stated that she was very concerned about this proposed development at the borders of the Town. She believed the Town was affected by this project and the traffic was a serious issue not just for Page Mill but also for the adjacent streets. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dauber and passed unanimously by all members present to send a letter to the City of Palo Alto from the Council stating their concerns about this project including traffic, lighting, glass and impact on side access roads and requesting that mitigation measures be taken. 6.3 Request from Joint Venture Silicon Valley Network for appointment of a Council representative to their Leadership Council PASSED BY CONSENSUS: To appoint Councilmember Tryon to the Leadership Council of the Joint Venture Silicon Valley Network. 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Quarry Subcommittee There was no report from this subcommittee but a discussion took place on whether this was a committee that met on a regular basis and needed to be noticed under the new Brown Act regulations. 8. STAFF REPORTS 8.1 City Manager April 6, 1994 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence dated 4/1/94 9. COUNCIL -INITIATED ITEMS 9.1 Request for a Legislative Review Subcommittee (Mayor Pro Tem Dauber) Dauber suggested the formation of a legislative review subcommittee to address the requests Council received on legislative issues. Council discussed this suggestion and believed it should be up to the Mayor to agendize any such issue as he/she deemed appropriate. Of course if any Councilmember wished to agendize a specific issue they could do so. No action was taken on this request. 9.2 Senior Coordinating Council (Mayor Pro Tem Dauber) Dauber reported that the County was taking over the Outreach and Escort Service and the Vantrans program would be ending. She noted that Los Altos was using their Community Development Block Grant funds to support Vantrans through the Community Services Agency and she suggested that the Town might want to also do this. It was agreed to agendize the the status of the CDBG funds for the next Council Meeting. 9.3 Soccer - Ribbon Cutting Ceremony (Mayor Pro Tem Dauber) Dauber noted that the Council had received an invitation to the ribbon cutting ceremony on Saturday, April 9th for the opening of the San Francisco Bay Area World Cup Soccer Center. Tryon stated that she thought she would be attending. 9.4 Reorganization of the Council (Councilmember Tryon) Tryon stated that it was her understanding the reorganization of the Council would take place at the second meeting in June. If there was any discussion about this perhaps the issue should be agendized for a Council Meeting. 10. PRESENTATIONS FROM THE FLOOR Carol Gottlieb, member of the Pathways Recreation and Parks Committee, reported that Ryan Oliver had completed his Eagle Scout Project of providing directional signs in Byrne Preserve. April 6, 1994 PASSED BY CONSENSUS: It was agreed that Council would send a letter and Certificate of Appreciation to Mr. Oliver. Dr. Howard Martin, 11666 Dawson Drive, referred to the article in the Town Crier on the quarry project particularly as it addressed the issue of sewers. Council reassured him that the article was incorrect but the Town did not have any control over what the applicant said he was going to do about sewers. Dr. Martin commented on the sewer options and believed if they went through the preserve it would be destroyed. Council noted that an agreement had just been approved at this meeting for an enviromental impact report and during this process Dr. Martin would have opportunity to voice his concerns. It was also agreed that Dr. Martin would be contacted when the environmental impact report was completed. 11. PUBLIC HEARINGS 11.1 Request for a Site Development Permit, Conditional Development Permit and a Variance to allow required parking in a setback and to exceed the allowable maximum floor area for a new residence, Lands of Twombly, 13621 Burke Road Lou Dorcich, applicant's architect, addressed the Council concerning the design of the project before them. He noted it was a 2,500 square foot, single level house with a Cape Cod design which was in substantial conformance with the Town's design guidelines. In response to an inquiry from Council, he noted that the top windows could be removed. Mr. Dorcich also addressed the issues of access, parking, path, and trees planted along Fremont as a mitigation measure. He commented that the exposure to the street was quite limited and screened by the existing trees. Carol Gottlieb, member of the Pathways Recreation and Parks Committee, commented that there was a type IIB path along Burke and a path on the other side of Fremont. Dauber expressed her concerns about this house particularly that it was tall enough to have two stories. Once approved as designed they could add another floor without it showing externally. She believed the roof should be lowered and the top windows removed. The three story element was raised and Tryon stated that single windows on the top would look more like an attic than another floor. Siegel raised the issue of the other lot sizes in this neighborhood. He believed this was a precedent setting decision and asked how the bulk of this house would look when the other homes in the neighborhood were being built. Hubbard stated that he thought the miscellaneous architectural features broke up the roof line. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dauber and passed unanimously by all members present to add the following conditions for the variance, conditional development and site development permits: Condition 18: 1' April 6, 1994 Four speciman evergreen trees shall be planted along Fremont Road prior to occupancy to the satisfaction of the City Engineer; and Condition 19: Prior to occupancy the accessory structures shall be demolished; and Condition 20: The windows on the top west elevation shall be removed. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed by the following roll call vote to approve the request for a Site Development Permit, Conditional Development Permit and a Variance to allow required parking in a setback and to exceed the allowable maximum floor area for a new residence, Lands of Twombly, 13621 Burke Road subject to the conditions of approval as recommended by the Planning Commission and amended by Council. AYES: Councilmembers Hubbard, Siegel and Tryon NOES: Mayor Pro Tem Dauber ABSENT: Mayor Johnson 11.2 Review of adoption of revised Household Hazardous Waste Element and Source Reduction and Recycling Element of the General Plan -- Redo #_ This public hearing has been continued to the May 18, 1994 City Council Meeting. 11.3 Review of adoption of revised Path and Trail Element of the Town's General Plan -- Reso # This public hearing has been continued to the May 18, 1994 City Council Meeting. 11.4 Adoption of Ordinance revising Sections 10-1.223 (floor area), 10-1.227 (height, structure),10-1.401 (non -conforming structures), 10-1.504 (height), 10-1.234 (natural ground level), 10-2.702(b) and (e) conservation easement setbacks from creeks) of the Zoning and Site Development Ordinances in the Town's Municipal Code (FIRST READING) Council discussed the following recommended definition of floor area which had been made by Dauber as a method of limiting bulk and providing a consistent way of measuring: "Floor area shall mean the gross horizontal area of the footprint of all buildings including garage space. Floor area is counted twice when the height of the structure is greater than or equal to 17 feet. Area that satisfies the definition of basement is not counted as part of the height." Hubbard and Tryon referred to the conventional method of counting and believed this could cause some confusion. The Planning Director when asked why this definition was not approved by the Planning Commission noted that the Commission felt it penalized residents with a one story eighteen foot house. Tryon too believed that by imposing this definition �' April 6, 1994 `J innocent parties would be punished for those who had abused the system. It was agreed that this issue would be brought back to Council with specific examples. On the subject of non -conforming structures Council discussed the issues of complete teardowns and grandfathering in all current structures. Hubbard believed that some non -conforming structures were actually better located in relationship to the neighboring properties than if they were required to be relocated after so many years. It was agreed to delete this section of the ordinance and send it to a subcommittee of the Council on planning issues (Hubbard and Siegel) for a recommendation to be brought back at the May 4th meeting. PASSED BY CONSENSUS: To make the following changes to the ordinance revising Sections 10-1.223 (floor area), 10-1.227 (height, structure),10-1.401 (non- conforming structures), 10-1.504 (height), 10-1.234 (natural ground level), 10-2.702(b) and (e)( conservation easement setbacks from creeks) of the Zoning and Site Development Ordinances in the Town's Municipal Code: Section 10-1.227 60 should read: "the grade indicated on an approved grading plan'; delete Section 4; and Section 7(b)(1) should read: "Single story buildings and height restrictions may be required on hilltops, ridgelines, and highly visible lots." MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously by all members present to waive further reading and introduce ordinance as amended. 12. ADIOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 10:25 p.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the April 6, 1994 City Council Meeting were approved at the April 20, 1994 City Council Meeting. 10 April 6, 1994