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HomeMy WebLinkAbout10/07/1992 Minutes of a Regular Meeting lb October 7, 1992 Town of Los Altos Hills City Council Meeting Wednesday, October 7, 1992, 7:15 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Tryon called the Regular Meeting of the City Council to order at 7:25 p.m. in the Council Chambers at Town Hall. The Mayor noted that this Council Meeting was starting later than the regularly scheduled time of 6:00 p.m. in honor of Yom Kippur. Present: Mayor Tryon and Councilmembers Dauber, Hubbard, Johnson and Siegel Absent: None Staff: City Manager Les M. Jones, II, City Attorney Sandy Sloan, Director of Public Works Jeff Peterson, Town Planner Linda Niles and City Clerk Pat Dowd Press: None 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT Planning Commissioner Cheng reported that the following items had been discussed at the September 23, 1992 Planning Commission Meeting: 1) Lands of Ivy, 27281 Byrne Park Lane: request for a site development permit for a minor addition to an existing single family dwelling - approved; 2) Lands of Allegra, 26721 Taaffe Road: request for a site development permit for a minor addition to an existing single family dwelling approved; 3) Lands of Chown, 13822 Page Mill Road: request for a site development permit for a secondary unit - approved; 4) Lands of Doran, 24920 La Loma Court: request for a site development permit for a major addition and driveway modification - approved; 5) Lands of October 7, 1992 1 Packard, Altamont Road, request for a lot line adjustment - recommended `,g approval; and 6) Lands of Hoover, 13820 La Paloma Road, request for a tentative parcel map for a two lot subdivision - recommended approval. 4. CONSENT CALENDAR Items Removed: 4.1 (Dauber), 4.4 (Tryon) and 4.6 (Johnson) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.2 Approved Warrants: $118,638.81 (9/30/92) 4.3 Awarded Certificates of Appreciation: R. D. Aschenbrenner and William Stahl -- Safety Committee 4.5 Authorized bids for 1992-93 Paving Patching Project -- Reso #40-92 4.7 Agreed to send Congratulatory Letter in honor of Joseph H. Davila, Jr. and Olgalydia Soria Urbano who recently achieved the positions of California State Ambasador-Ambassador for the California State Fair and Miss California State - Ambassadress of the California State Fair Items Removed: 4.1 Approval of Minutes: September 16, 1992 Dauber noted that the Planning Commission Representative had made several comments at the September 16th meeting on the site development permit application for Lands of Packard and she believed these comments should be included in the minutes. PASSED BY CONSENSUS: To continue the minutes of the September 16, 1992 Council Meeting to the October 21, 1992 meeting for addition of the Planning Commissioner's comments on Lands of Packard. 4.4 Approval of Memorandum of Understanding to Fund and Create Santa Clara County Hazardous Materials Advisory Committee - Reso # October 7, 1992 2 ` Councilmembers questioned the benefit to the Town to participate in this program ar and also the cost. Johnson inquired why the cost would be the same for the Town and for the City of Los Altos. The City Manager responded that the application to the Town was minimal in that the Town had no industry. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously not to approval a Memorandum of Understanding to fund and create a Santa Clara County Hazardous Materials Advisory Committee 4.6 Authorization of bids for 1992-93 Striping Project -- Reso # Johnson asked that staff make certain that the contractor for this project does not paint over the reflectors. The Director of Public Works noted that this had been included in the contract. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously to adopt Resolution #41-92 authorizing bids for the 1992-93 Striping Project 5. PRESENTATIONS FROM THE FLOOR 6. PUBLIC HEARINGS bor 6.1 Application for tentative map for a five-lot subdivision, including review of environmental impact report, Lands of Eshner/Wong, Altamont Road and Altamont Lane (continued from 9/16/92 meeting) This public hearing has been continued to the November 4, 1992 City Council Meeting at the request of the applicant. 6.2 Request for a Site Development Permit for a new residence, pool and spa, Lands of Owen, 13040 Alta Lane North Johnson stepped down from the discussion of this item as he lives within 300' of the property. The Town Planner reported that in reviewing the records they had determined that on the adjacent property 15' of right of way had been dedicated and the Town would be requiring the same of this lot. The applicant was aware of this information and agreed. The Director of Public Works noted that the property next door, 13050 Alta October 7, 1992 3 Lane North, which was also owned by Mr. Owen was served by a 4" lateral sewer pipe. This sewer easement was recorded for the one lot but he believed it could be extended to the new lot. Dauber believed these were issues which were addressed at the time of subdivision but since these homes were being reviewed one by one the issues were being discussed on an individual basis. Bob Owen, applicant, commented on the mitigation measures they had taken to address the concerns of the neighbors. In part they had added a porch, moved the roof around and planned for planting of mature trees in the front of the house. They had also eliminated the secondary driveway from Alta Lane South and planned to remove the existing fence. Mr. Owen did not believe the house was visible to many residents and he had submitted to Council a packet of letters from residents who supported the project. With regard to the 15' right of way on Alta Lane North he stated that the maximum floor area and maximum development area figures would still be within the amount allowed. Mr. Owen stated that he did not have any objection to the pathway easement but they had not considered changing the garage doors around. He also agreed with 12" eaves but stated that 18" eaves would change the design of the house. Mr. Owen reported that they were planning on a new septic system with new leach fields. He had brought in experts who had met with representatives from the County and they believed the septic system would be appropriate for this property. In response to the suggestion of a condition requiring sewers on this lot, Mr. Owen stated that he would pursue this possibility but could not guarantee it. It would be an extreme hardship if this was a flov condition of approval for the project. He commented that the sewer line next door was close enough but not large enough. Kathy Freeman, member - Pathways Recreation and Parks Committee, commented on the path across a PUC easement and also the path along Atherton Court. In response to her comments, Tryon noted that there was some history from about 1984-85 concerning the residents on Atherton Court not wanting the path behind their property. Valerie Beatts, 13171 Alta Lane South, did not believe that the size of the proposed house was in keeping with the neighborhood. She was concerned about traffic, drainage and the construction of the project, specifically where they were supposed to park when all of the construction vehicles were there. Mrs. Beatts also noted that Mr. Owen had not discussed this project with her. Jim Flack, 13070 Alta Lane South, noted that he appreciated the way the Town was handling this application particularly in acknowledging the neighbors' input. He believed several of the issues which had been raised earlier had been fairly well addressed. In part he noted that the driveway to Alta Lane South was being kibr October 7, 1992 4 kir eliminated and the roof line had been revised. He did believe that the fence should not be removed at this time as it would help mitigate the house. He commented that many of the trees were dying and could not be counted on to mitigate the visual impact of the project. On the subject of trees, Mr. Flack recommended that the eucalyptus trees in the right-of-way be removed as he thought they were a fire hazard. Mr. Flack stated that he was not in favor of Alta Lane South being a wider road. Katalin Szabo, 13081 Alta Lane South, shared her concerns about what she believed was a hazardous traffic situation where Alta Lane North and Alta Lane South join. She noted it was a short corner and a fire hydrant was also there. Emergency vehicles would have to make the turn. Mrs. Szabo agreed with the second driveway being removed and also recomended that the construction company give notice when it would be blocking driveways. On the subject of construction, she urged that the construction company be responsible for repairing any damage they might do to the road during the project. Howard Lee, 12933 Atherton Court, noted that he was downhill from this project and he thanked Mr. Owen for discussing this project with him. He expressed two concerns, specifically the geologic report and the septic tank issue. Mr. Lee strongly rcommended a sewer line. Alan Beatts, 13171 Alta Lane South, noted that he had lived in Town for 25 years and valued the openness and sense of privacy. He believed this project was quite a departure from what was already there and he had concerns about parking and access. Janet Johnson, 12911 Atherton Court, stated that she supported this project but new information had been discussed about a pathway along Atherton Court and she did not know anything about this issue. She also commented that she supported a sewer connection and would like to be a part of it. Joe Szabo, 13081 Alta Lane South, stated that he was not in favor of widening Alta Lane South. Carol Seeds, 13801 La Paloma, noted her concerns about changing private roads and commented that this issue had not been discussed previously. She believed the neighborhood should be kept the way it was. Mrs. Phinney, owner of property, stated that she was concerned about issues raised at this meeting which could result in a redesign. She also found the assumption that traffic would be greater puzzling. October 7, 1992 5 Dauber believed that any type of a turnaround would be beneficial. She further described how the area on the property could be used for construction trucks and then later used as a turnaround. Dauber supported acquiring the pathway easement and suggested a sewer assessment district for the area. Siegel commented that a sewer assessment district could be a cumbersome process. He further referred to the proposed conditions from the Planning Commission (specifically condition #10) which requires this project to have sewers. Siegel believed the right of way was crucial and the Town should require 15' dedication on Alta Lane North and South. This would not be the last large house to be applied for in this area and he believed getting the land was important. Siegel further stated the fence should be removed and the parking issue should be addressed. Hubbard believed the project should be connected to sewer and a condition should be required for landscaping providing a buffer to the south. Tryon noted that this was a neighborhood in transition. She further referred to the pathway issue and reported that several years ago there had been an offer of land from the Simons to keep the pathway out of the backyards of the residents on Atherton Court. Dot Schreiner, former Chairman of the Pathways, Recreation and Parks Committee, referred to an easement on Atherton Court back to Robleda. She believed the easement had been rejected in the early 1980s and would have to be picked up. PASSED BY CONSENSUS: To amend the last two sentences of condition #5 to read: "Considerable attention should be placed on ensuring adequate screening from Alta Lane South and Alta Lane North. The existing fence on Alta Lane South shall be removed." PASSED BY CONSENSUS: To add Condition #5a to read as follows: "An irrevocable offer of dedication shall be made of a 30' half street right of way and dedication of area to achieve acceptable standards for parking and emergency vehicles on Alta Lane North and Alta Lane South with additional right of way to be dedicated at junction of Alta Lane North and Alta Lane South for turnaround. PASSED BY CONSENSUS: To amend condition #11 to include the following: the grading/construction operation plan shall address the issue of trash as well as those issues already mentioned and there shall specifically be no parking on Alta Lane North and South by construction related vehicles. PASSED BY CONSENSUS: To add a condition which requires a pathway easement to be dedicated along the eastern property line to the satisfaction of the City Engineer. ` October 7, 1992 6 iii . PASSED BY CONSENSUS: To add a condition stating that improvements will be made to the satisfaction of the City Engineer where Alta Lane North and South come together to faciliate the turn around capability of emergency vehicles. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Dauber and passed by the following roll call vote to approve the request for a site development permit for a new residence, pool and spa for Lands of Owen at 13040 Alta Lane North, subject to the conditions of approval as recommended by the Planning Commission and as amended by Council. AYES: Mayor Tryon and Councilmembers Dauber, Hubbard and Siegel NOES: None ABSTAIN: Mayor Pro Tern Johnson It was also agreed that staff would bring back the maximum floor area and maximum development area numbers recalculated as a result of the required dedications. 6.3 Request for a lot line adjustment, Lands of Packard, Altamont -- Reso #_ Dauber noted that the site development permit for a new residence had been approved at the September 16th Council Meeting and a condition of that approval had been that the driveway on Altamont be safe regarding site distance. In her opinion there was not enough visibility in the proposed location and if it could not be made safe the lot line adjustment was going to be in the wrong location. Frank Roberts, applicant's attorney, commented that he did not believe this issue could be raised concerning this application. Councilmember Dauber was referring to a condition of the site development permit and if this condition could not be met the building permit would not be issued and Mr. Packard's son would give him an easement. The Director of Public Works reported that the applicant's engineer had studied the driveway and determined that a safe site distance could be achieved. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to adopt Resolution #42-92 approving a parcel map for a lot line adjustment for Lands of Packard. 6.4 Request for approval of a negative declaration and tentative parcel map for a two lot subdivision, Lands of Hoover, 13820 La Paloma Road October 7, 1992 7 Mr. Bill Kull, applicant's engineer, stated that they agreed with all of the conditions except #24 concerning the deed restriction. He further addressed the swale issue, the slope of the property and erosion and supported the staff's original condition for #24. Mr. Hoover, applicant's son, commented that he had been raised on this property and he too addressed the swale issue, drainage, discing, slope of the property and the center line. Bill Whitney, 13890 LaPaloma, noted that he was very concerned about the Hoover's putting a huge house practically in his backyard and also concerned about the creek through this property. He supported the proposed language by the Planning Commission for a deed restriction on this property which stated in part that the development area on the lot could be reduced by one-third if that was the portion of the lot constrained by the required creek building setback lines. David Mooring, 13791 La Paloma, stated his concerns about the height restriction and the setbacks. Carol Seeds, 13801 La Paloma, commented that she understood the problem of where the house on this property had to be sited. She believed if the house was %by carefully done it could have little impact on the neighbors. Attention should be given to privacy, setbacks, a natural house and awareness of the ambiance of the La Paloma Corridor. Johnson stated that he did believe in larger setbacks for this property but noted that the one-third reduction in development area may be too much. He did not see a basis for reducing the size of the house by one-third just because this lot had some restrictions on it. Johnson did acknowledge that a 7% reduction as proposed by Bill Kull might be appropriate. Hubbard stated that if bulk was the issue on this flat lot then the ordinances should be changed. He thought it unfair to change the rules for this lot. He further referred to the existing site development ordinance and did not believe any additional wording was necessary. Siegel did comment that this was a new lot unlike other existing lots. He further asked staff for clarification on the geotechnical requirements in the conditions and the requirement for a Mitigation Monitoring and Reporting Program. Johnson noted that he agreed with Hubbard and believed that condition #24 as proposed by the Planning Commission created an undesirable precedent. Dauber also concurred that one-third reduction was too much and suggested 10% reduction in development area might be appropriate. She October 7, 1992 8 also recommended deleting condition #21 which required that the lot calculations be revised to reflect the changes in the area of the right-of-way of the public road off of La Paloma. Dauber noted that the floor area had not been reduced on the other lots on La Paloma due to increased setbacks (such as the Nelsons) and the only difference on this lot was the swale. She believed this lot should be treated as the other lots. Tryon suggested changing condition #24 as proposed by the Planning Commission to read as follows: "The applicant shall file a recorded restriction to run with the land, which may only be removed or modified with the approval of the Los Altos Hills City Council, as follows: Development to occur on Parcel 1 shall be designed to protect the openness of the La Paloma corridor. In order to accomplish this, development of any structures on this parcel shall be required to maintain at least a 100' building setback line from the edge of the ROW of La Paloma Road on the north side of the lot, and a 130' building setback line from the edge of the ROW of La Paloma Road on the south side of the lot. This restriction shall limit the height of the home to 23' and I story, and requires the fencing within this area to be 50% open. Additionally, due to constraints on the site that limited the available buildable area on Parcel 1, the Maximum Development Area and Maximum Floor Area allowed on the lot may be reduced through the Site Development process" PASSED BY CONSENSUS: To delete Condition #21 which required that the lot calculations be revised to reflect the changes in the area of the right-of-way of the public road off of La Paloma. kir PASSED BY CONSENSUS: To amend Condition #24 to read: "The applicant shall file a recorded restriction to run with the land, which may only be removed or modified with the approval of the Los Altos Hills City Council, as follows: Development to occur on Parcel 1 shall be designed to protect the openness of the La Paloma corridor. In order to accomplish this, development of any structures on this parcel shall be required to maintain at least a 60' building setback line from the edge of the ROW of La Paloma Road and not less than 20' from the top of bank on the north side of the lot, and not less than 20' from the top of bank on the south side of the lot. This restriction shall limit the height of the home to 23' and 1 story, and requires the fencing within this area to be 50% open. Additionally, due to constraints on the site that limited the available buildable area on Parcel I, the Maximum Development Area and Maximum Floor Area allowed on the lot may be reduced through the Site Development public hearing process." MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed by the following roll call vote to certify the negative declaration and approve the tentative parcel map with findings and conditions as recommended by the Planning Commission and amended by Council. October 7, 1992 9 AYES: Mayor Tryon and Councilmembers Dauber, Johnson and Siegel NOES: Councilmember Hubbard Hubbard stated that he agreed with the project but not with the additional wording of the condition on the deed restriction. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to go past the 10:30 p.m. hour of adjournment. 6.5 Ordinance amending Zoning and Site Development Code with regard to day care centers (FIRST READING) Siegel raised the issue of a large family day care center also being allowed in the secondary dwelling. He wanted to be sure that the ordinance clearly stated that a large family day care center could only be located in the primary dwelling. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unaimously to waive further reading of ordinance and introduce the ordinance amending the Zoning and Site Development Code with regard to day care centers with the amendment included that a large family day care home could only be located in the primary dwelling. 7. UNFINISHED BUSINESS 7.1 Request for recommendation for wording of amendment to the Zoning Code to allow specific encroachments into required setbacks MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon to direct the City Attorney to prepare an ordinance for Planning Commission review stating the following exceptions to the setback line requirements: 1) Portions of patios and decks may extend (5') feet beyond the setback line established in subsection (c) of this Section 10-1.505 if those portions are everywhere less than two (2') feet above natural grade.; 2) For additions and remodels to existing legally constructed structures with eaves that currently extend beyond (encroach into) the required setbacks, the addition or remodel shall be alllowed to be constructed so as to match the existing eave extension.; and 3) For new construction on properties where the options for siting of structures are substantially constrained by existing natural features of the lot (i.e. steep slopes, significant natural water courses, unusual lot configurations or size, mature oak trees, earthquake fault zones, or native vegetation) or by dedicated conservation, open space, or access easements; eaves may extend into any front, side or rear yard not more than four (4') feet. This exception may be granted in writing by the Town Planner citing the constraints or situation. October 7, 1992 10 8. NEW BUSINESS 9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 9.1 Sub-Committee on Quarry Hills Project Siegel reported that he and Councilmember Dauber had met on October 6th with John Vidovich concerning Neary Quarry issues. Mr. Vidovich advised them that he was continuing to seek a County General Plan Amendment. When asked by Siegel and Dauber if he would work with them on a pre-annexation agreement, Mr. Vidovich stated that he would rather go through the tentative map process and that if all went well, then he would annex. The Council sub- committee advised Mr. Vidovich that the Town would not want to go through another tentative map process but would annex. Council then discussed the wording of the motion from the September 30, 1992 Adjourned Regular Meeting on the discussion of the Environmental Impact Report for the Vidovich General Plan Amendment and other Neary Quarry Issues. PASSED BY CONSENSUS: To approve the following motion as a clear statement of what action took place at the September 30, 1992 Adjourned Regular Council lbw Meeting: "The Town of Los Altos Hills is opposed to the adoption by the County of Santa Clara of the Quarry Hills General Plan Amendment. It believes a residential subdivision of the quarry area should occur under the jurisdiction and in accordance with the regulations and standards of the Town. The Town is willing to negotiate with the owner, Mr. John Vidovich, a pre-annexation agreement setting forth major conditions for the subdivision and amendments to the reclamation plan. When such agreement is adopted, the Town will annex the property. " 9.2 Sub-Committee on Solid Waste Hubbard reported that the sub-committee had met (he and Mayor Pro Tern Johnson) to consider solid waste issues including a rate increase and also joining with Los Altos on a consultant's contract for solid waste. Financial information had been received just today from the Los Altos Garbage Company which showed a loss due to a significant transfer to the parent company. Hubbard further reported that another meeting was scheduled for 10/19/92 at which time they proposed to consider the entire package with Jon Angin of the Los Altos Garbage Company. In particular they planned to address the following: recommendation for proposed budget for coming year; proposed fee; allocation of portion of costs to Los Altos Hills only; and legitimate costs Town should be paying for. The sub-committee would be making another report to the Council after this meeting. October 7, 1992 1I 10. STAFF REPORTS 10.1 City Manager 10.2 City Attorney 10.3 City Clerk 10.3a Report on Council Correspondence dated October 1, 1992 11. COUNCIL-INITIATED ITEMS 11.1 Computer Data Base Johnson commended the City Manager on doing an outstanding job on the computer data base project. 11.2 Cable TV Tryon referred to information she had seen on cable tv rates and she believed the Town was paying too much for rates. 11.3 General Plan Elements Siegel asked the status of the Household Hazardous Waste Element and the Source Reduction Recycling Element and the Director of Public Works advised him that comments were being received and they would be submitted to the Planning Commision for review. 11.4 Letter to Denny Spangler Council asked that the Mayor send a letter to Denny Spangler on his recent resignation from the Los Altos City Council for health reasons. 11.5 Design Guidelines Handbook Council asked for a status report on the Design Guidelines Handbook and was advised by the City Manager that staff and the consultant for this project were working out some details regarding additional expenses and a signed contract was expected shortly. October 7, 1992 12 ►. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 11:35 p.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the October 7, 1992 Regular City Council Meeting were approved at the October 21, 1992 Regular City Council Meeting. thy October 7, 1992 13