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HomeMy WebLinkAbout07/17/1991 (2) Minutes of a Regular Meeting his July 17, 1991 Town of Los Altos Hills City Council Meeting Wednesday, July 17, 1991, 7:15 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 7:20 p.m. in the Council Chambers at Town Hall. Present: Mayor Hubbard and Councilmembers Casey, Johnson, Siegel and Tryon. Absent: None Staff: City Manager Les Jones, II; City Attorney Sandy Sloan; Director of Public Works Bill Ekern; Planning Consultant Margaret Netto and City Clerk Pat Dowd Press: None `' Mayor Hubbard noted that Item 4.13 on the Consent Calendar had been withdrawn and Item 6.3 had been continued. In addition a request had been received from Westwind Barn to display a banner advertising the September Hoedown. If Council agreed this item could be agendized as an urgency item. (Council agreed to discuss this at the end of the meeting.) Mayor Hubbard also thanked everyone, especially the Pathways, Recreation and Parks Committee for their work on the dedication of the Artemas Ginzton Path. 2. APPOINTMENTS AND PRESENTATIONS 2.1 Presentation by Will Kempton on the 1991 Draft Strategic Plan for the Santa Clara County Traffic Authority Mr. Kempton presented an overview of the 1991 Draft Strategic Plan and noted that there had been a serious decline in the revenue stream. They were working with local jurisdictions to find more funds. The Authority was also encouraging local jurisdictions to donate public lands to the Measure A Program. One suggested course of action to alleviate the shortfall was to establish a 'pay as you go' basis for Measure A. Mr. Kempton noted that there had been a change in the proposed completion dates and now the completion of 101 was scheduled for the end of 1992 and the completion of 85 and 237 was scheduled for the Fall of 1994. July 17, 1991 Regular Meeting 1 2.2 Presentation on Library Expansion Elayne Dauber and Carol Tefft presented a report on the proposed library expansion. Issues addressed were parking, budget and timetable. Diagrams were shown of the project and it was noted that the expansion would result in double the amount of parking. It was further noted that they had encountered an asbestos problem so the project was slightly over budget. In August bids were due for the expansion, in September bonds would be sold, in October the groundbreaking would take place and hopefully in September of 1992 the expansion would be completed. While the expansion was going on, the Woodland Library would be open full time. 3. PLANNING COMMISSION REPORT Commissioner Jones reported that the following issues had been addressed at the July 10th meeting: Lands of Witwer, Thompson and Fong had been approved and were on the Council's Consent Calendar; Clyde Noel was named the new Chairman of the Commission with Stephen Pahl named Vice- Chairman; Emily Cheng had been appointed to the Planning Commission for a four-year term and an ordinance regarding setback lines had been discussed and would be addressed by Council at a later meeting. 4. CONSENT CALENDAR Items Removed: 4.1 - Regular Meeting (Tryon); 4.4c (Hubbard); 4.11 (Siegel) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: July 3, 1991 (Adjourned Regular Meeting) 4.2 Approved Warrants: $80,277.45 (7/2/91) 4.3 Adopted Ordinance #348 amending Title 10 (Zoning and Site Development) by Amending Provisions Regarding Appeals 4.4 Concurred with the following Planning Commission Actions at Its Meeting on July 10, 1991: 4.4a Lands of Witwer/Tangney, 27030 Elena Road, approved request for a site development permit for an addition/remodel 4.4b Lands of Thompson, 13730 Wildflower Lane, approved request for a site development permit for a new residence 4.5 Approved Encroachment Permit, Lands of Bettencourt, 12501 July 17, 1991 Regular Meeting 2 Stonebrook -- Reso. #36-91 4.6 Awarded Certificate of Appreciation -- Judy Duque, North County Library Authority 4.7 Authorized City Manager to approve requests from the Los Altos Fire Department for Weed Abatement During the August Council Recess 4.8 Awarded Contract for the 1991 Pavement Management Road Improvements -- Reso #37-91 4.9 Award Contract for the 1991 Street Striping Project -- Reso #38-91 4.10 Approved request from the Tax Collector of the County of Santa Clara to levy certain charges against real properties (weed abatement) — Reso #39-91 4.12 Approval of Revised County Hazardous Waste Management Plan -- Reso #40-91 4.14 Adoption of written report for Interim Ordinance #347 Items Removed: 4.1 Approval of Minutes: July 3, 1991 (Regular Meeting) MOTION.SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to approve the minutes of the July 3, 1991 Regular Council Meeting with the following corrections: page 2, delete the last sentence of first paragraph; page 4, insert the following statement before the motion: "A straw vote was taken by the City Council."; and page 9, correct the roll call vote to show Mayor Pro Tern Tryon as abstaining, not Hubbard. 4.4c Lands of Fong, 25889 Fremont Road, approved request for a site development permit for a new residence, tennis court and swimming pool Tryon asked the Planning Commission representative if the design of the house had been discussed as it had a flat roof. Commissioner Jones responded that the architect had explained why they thought a flat roof was a good idea and Jones also stated that, personally, he did not believe the Commission was there to decide on design. He also noted that the transcript from the Council meeting was available at which time the height limit for Lands of Oshima (now Lands of Fong) had been increased. July 17, 1991 Regular Meeting 3 Jones believed that Council knew that with this height increase the result j`, could be a two story house with a flat roof. Mike Meyer, 26007 Torello Lane, commented that he and other neighbors had been in discussions with the applicant regarding this project and they had reached a verbal agreement. He stated that they would get this agreement in writing and document it with the staff. Therefore, Mr. Meyer asked that Council not appeal this application. MOTION SECONDED AND WITHDRAWN: Moved by Johnson, seconded by Tryon and withdrawn to appeal the Planning Commission's approval of a request for a site development permit for a new residence, tennis court and swimming pool for Lands of Fong at 25889 Fremont Road. The City Attorney commented that although staff could make minor modifications to an approved site development permit, if there were major changes the project would have to be scheduled for a public hearing. Peter Duxbury, applicant's architect, stated that they had discussed the application with the neighbors and were planning to move the house five feet. He also commented that they were trying very hard to complete this project. Mike Meyer, 26007 Torello Lane, commented that he understood the house was going to be moved eight feet. Council discussed what changes to an approved site development permit could be made by staff. Johnson commented on the efforts of the applicant and the neighbors to work this out and Tryon noted that although certain of the neighbors were now discussing the project with the applicant in an effort to address their concerns, there were many neighbors who had been at the Planning Commission Meeting and who had approved the project as presented at that time. MOTION FAILED DUE TO LACK OF A SECOND: Moved by Casey to schedule a special meeting of the City Council for July 31, 1991 to hold a public hearing on the appeal of the Planning Commission's approval of a request for a site development permit for a new residence, tennis court and swimming pool for Lands of Fong at 25889 Fremont Road. Carol and Mike Meyer, 26007 Torello Lane, noted that the neighbors could not be present at a meeting on July 31, 1991 if Council decided to hold a special meeting at that time. They personally had vacation plans for that time July 17, 1991 Regular Meeting 4 which would be very expensive to cancel but this was so important to them that they would do that if they had to. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed by the following roll call vote to appeal the Planning Commission's approval of a request for a site development permit for a new residence, tennis court and swimming pool for Lands of Fong at 25889 Fremont Road and to schedule the public hearing for September 4, 1991. AYES: Mayor Hubbard and Councilmembers Johnson, Siegel and Tryon NOES: Councilmemer Casey 4.11 Approval of Second Addendum to Agreement for Audit Services with C.G. Uhlenberg and Company -- Reso # Siegel commented that he believed the audit firm should be changed every three years and suggested that a request for proposals be sent out next year. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to adopt Resolution #41-91 approving second addendum to agreement for audit services with C.G. Uhlenberg and Company with the instruction to the City Manager that he send out an RFP next year for audit services. 5. PRESENTATIONS FROM THE FLOOR Ginger Summit, Chairman - Community Relations Committee, thanked everyone for working on and contributing to the dedication of the Artemas Ginzton Path and also noted that the party for the new City Manager, Les Jones, and his family was scheduled for September 20th at the Heritage House. This event was now in the planning stage and if anyone had any recommendations or suggestions, please let her know. Shari Emling, 11953 Murietta Lane, thanked the Town for installing the bicycle signs above Foothill College and also commented that the sign done for the Artemas Ginzton Path was beautiful. 6. PUBLIC HEARINGS 6.1 Appeal of Planning Commission's Denial of Request for a Site Development Permit for a New Residence, Cabana, Tennis Court and Swimming Pool, Lands of Choo, 12581 Miraloma Way Council had before them the Director of Public Works' staff report dated 7/17/91 which included the recommendation that Council deny the requested site development permit as the modification did not meet the ItSr July 17, 1991 Regular Meeting 5 directions previously given by Council. He noted that at their meeting on Shir June 5, 1991 the Council had directed that the Choos lower their house six feet. They had lowered it four feet. The Director of Public Works further commented that as presently designed the house could not be lowered by six feet. This project had not gone through site analysis. Pong Ng, applicant's architect, explained that this was the Choo s second design of the house and they did not want to redesign again. They had made every effort to lower the house but the problem in attaining the six feet was the driveway approach and the garage. Bill Owen, 24601 Voorhees, reiterated his concerns about the privacy issue. He did not believe they could depend on landscaping to fix the siting problem. The Choos should take advantage of the natural slope and lower the house. He believed the Choos could site the house differently and make everyone happy. The residents on the uphill side all agreed with him. Kathleen Pickett, 24555 Bella Ladera, noted that their house overlooked the Choos and there were already two story houses in the area. She believed the Choos had attempted to do what the Town wanted. Elizabeth Rizzi, 12615 Mira Loma, supported the Choos application and believed it was unfair that this project had been going on for a year. 6ir John Nicholson, Deer Springs Way, commented that he thought the Choos believed they were abiding by the Town's ordinances and he believed the issue of privacy was a minor concern. He stated that it appeared to be an interpretation of the ordinances and if the Choos were in conformance with the ordinances then their project should be approved. Casey stated that the neighbors had approved the Choos application and she believed they had worked within the ordinances in redesigning the house. Casey also believed they had genuinely tried to address the privacy issue and it was unfair to ask them to redesign again. Siegel did not believe the Choos had redesigned the house and it was a highly visible two-story house on a hillside. Hubbard believed the Choos had made an effort by lowering the house by four feet and noted that the more it was moved the vertical element came into play and the whole purpose of moving it was defeated as the house became more prominent. Johnson noted that it was a difficult decision but they had lowered the house four feet. Tryon questioned the three story facade on the house and reiterated that the purpose of the site development ordinance was site location and configuration. While she did not believe the Choos had had the proper guidance from the Town in the beginning, she also stated that she probably would never vote again for anything with a three story facade. July 17, 1991 Regular Meeting 6 Regarding color Tryon recommended that the Choos use a less obtrusive darker color and also that they give the closest uphill neighbor a fence a their expense. MOTION SECONDED AND CARRIED: Moved by Casey,seconded by Hubbard and passed by the following roll call vote to approve the request for a site development permit for a new residence, cabana, tennis court and swimming pool for Lands of Choo, 12581 Miraloma Way, based on the applicant's proposal reducing the height of the roof by up to four feet from elevation 350' to elevation 346' and subject to the recommended conditions of approval for site development permit dated April 24, 1991. AYES: Mayor Hubbard and Councilmembers Casey, Johnson and Tryon NOES: Councilmember Siegel 6.2 Request for a Site Development Permit for Demolition and Reconstruction of an Existing Residence, Lands of Mooring, 13791 La Paloma Council had before them the Planning Consultant's staff report which included the recommendation that Council approve the requested site development permit for Lands of Mooring subject to recommended conditions. The report also included the notation that the Planning Commission had been unable to reach a decision on the Moorings' site development permit application for the demolition and reconstruction of an existing residence. The applicant proposed to reduce the square footage of the primary structure (original 1,160 square foot structure demolished due to extensive termite damage) to 995 square feet and to decrease the existing nonconforming setback from 7 feet to 16 feet. Section 10-1.401 of the Town's Zoning Ordinance states: "The provisions of this chapter shall not prevent the reconstruction, repairing or rebuilding of any nonconforming structure, so long as the reconstruction, repair or rebuilding does not result in an increase in the nonconformity that existed prior to the damage or reconstruction" Siegel stated that he assumed the Council was dealing with a secondary dwelling and he believed the applicant needed to apply for a site development permit that met the standards for secondary dwellings. Siegel stated he was trying to do what was right for the Town because this was now a vacant lot. A new secondary dwelling should observe the setback regulations and new construction should be in line with current policies. He recommended the application be sent back to the Planning Commission to deal with the entire lot. July 17, 1991 Regular Meeting 7 Casey asked if this application came under the non-conforming ordinance and the City Attorney responded that it did. Tryon commented that there was some merit in what Councilmember Siegel had said. She noted that the Council as the Site Development Authority could turn down Mooring's request at a later date for the primary dwelling because the secondary dwelling was not sited properly. David Mooring, applicant, explained what had happened to his property due to extensive termite damage and stated that the house had been demolished at the direction of the Town. He believed he was gettting caught in the middle and was willing to compromise. He stated that he was planning to rebuild outside the 30' setback and reduce the square footage to 995 square feet to conform to the secondary dwelling unit ordinance. Mr. Mooring noted that he was planning a two-story house for the primary dwelling and would mitigate the project as he knew the neighbors were concerned. For one thing he planned to set the primary dwelling even further back than the required setbacks. John Glathe, 13801 La Paloma, gave a brief history of the LaPaloma area including the comment that a flag lot was created next to him. He believed Mr. Mooring had improved his application but was still concerned about going about the project piecemeal. He believed the Council should consider the entire project at one time. Carol Seeds, 18801 La Paloma, was encouraged to hear of Mr. Mooring's willingness to compromise but was still concerned about how the whole lot was going to be developed. She too commented on La Paloma's feeling of 'neighborhood' and their feelings about open space and she urged Council to look at the entire project. Lalla Carsten, 13761 La Paloma, stated that she was glad that Mr. Mooring had compromised but also noted that the ordinance should be corrected. Tryon stated that she was disappointed in what was happening to the LaPaloma area; she believed it was indicative of what was happening to the Town. She also noted that she wanted to see increased setbacks required for larger houses in the Town's ordinances but to date she had not been successful in getting this adopted. Hubbard also expressed his concerns about the LaPaloma area. A discussion followed on the fees already paid by Mr. Mooring and whether new permit fees should be charged or credit given. July 17, 1991 Regular Meeting 8 Siegel asked that the City Attorney clarify the ordinance language regarding demolition of dwellings, non-conforming structures and secondary dwellings. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously to grant the site development permit for the demolition and reconstruction of an existing residence for Lands of Mooring, 13791 La Paloma subject to the following conditions: 1) The site drainage must be designed to meet the goal of reducing the rate of run off and the volume of run off associated with the proposed development; 2) Prior to final inspection and release of occupancy permits a landscape planting plan must be submitted to and approved by the Site Development Committee. Drought tolerant and native plantings are recommended; 3) Color of the structure is to be approved by staff and shall be in conformance with the Town's adopted color board; 4) Fire retardant roofing is recommended; 5) No permanent utility permits will be released until sanitary sewers are available for sewage disposal; 6) The Site Development Permit for the primary dwelling will be brought before Council for public hearing; 7) The structure will be moved to 30' setbacks; 8) Grading and site plans signed by a civil engineer for relocated dwelling need to be reviewed by City Engineer and architectural plans need to be reviewed by the Planning Consultant and 9) applicant shall be credited for all fees paid. 6.3 Appeal of Planning Commission's Approval of a Request for a Site Development Permit for a New Residence and Swimming Pool, Lands of Shockley, 27781 Edgerton Road This item has been continued to the September 4, 1991 Council Meeting at the request of the applicant. 6.4 Request for a Lot Line Adjustment, Lands of Harrington/Hwang, 12100 and 12045 Hilltop Drive Council had before them the Director of Public Works' staff report which included the recommendation that Council approve the negative declaration of environmental impacts and approve the requested lot line adjustment for Lands of Harrington/Hwang subject to recommended conditions of approval. Tom Harrington, applicant, noted that the two lots were oddly shaped and it was sensible to apply for a lot line adjustment. He did however object to the conditions of approval as recommended. He did not believe he should have to pay for something which the Town should be encouraging. July 17, 1991 Regular Meeting 9 MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed by the following roll call vote to approve the negative declaration of environmental impacts and to approve the requested lot line adjustment for Lands of Harrington/Hwang subject to the following conditions of approval: I) The Final Map shall reflect the dedication of street right-of-way to the Town of Los Altos Hills such that the half-street width of Hilltop Drive along the frontage of Parcel 2 is 30'. The legal description of this dedication shall be provided to the Town,with any exhibits necessary for recordation, for the preparation of the documents required to accept this offer; 2) The lot lines shown on the Final Map shall be adjusted so that Parcel 2 has a lot unit factor of at least 1.00 after the dedication of the right-of-way; and 3) The final parcel map shall be recorded. AYES: Mayor Hubbard and Councilmembers Johnson, Siegel and Tryon NOES: Councilmember Casey Casey stated that she did not agree with requiring condition number 2. 6.5 Adoption of the Town's Appropriation Limit for Fiscal Year 1991-92 and Resetting the Town's Appropriation Limit for Fiscal Year 1990-91 -- Redo. #__ MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to adopt Resolution #42-91 setting the Town's appropriation limit for fiscal year 1991-92 and resetting the Town's appropriation limit for fiscal year 1990-91. 7. UNFINISHED BUSINESS 7.1 Design Approval for Fencing of Byrne Preserve PASSED BY CONSENSUS: To continue this item pending receipt of additional information such as bids on project. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously to go past the 11:30 p.m. hour of adjournment. 7.2 Request for Amendments to Tentative Map - Lands of McCulloch, Stonebrook Drive Bob Saxe, applicant's attorney, asked Council to give conceptual approval to the noise mitigation plan which they had received for this meeting and to allow the filing of the final map for phase three which would include the July 17, 1991 Regular Meeting 10 elimination of one lot and the reconfiguration of the parcels for the four lot alternative. Mr. Saxe gave a brief history of the project noting that the final maps had been recorded for phases one and two of the thirty one lot subdivision and there were now five lots left. In light of the fence issue and after meeting with the Council's subcommittee on this subdivision, they were requesting approval of the final map for four lots in phase three in order to allow for an acre of land on the protected side of the fence. Tryon stated her concerns about the development of the area under discussion including the issue of noise. She urged that the lots be looked at carefully as it was an extremely dense subdivision and she would like to see a dedication of open space. Casey commented that the lots under discussion would not be visible and the noise had been mitigated according to the Town's standards. Johnson noted that he was uncomfortable at not having noise contours available. Russ Carter, applicant, explained the noise contours, the setbacks, the fence options, the possibility of bonding the improvements, the noise mitigation measures, the proposed development of Lot D, the review of this project by Wilsey and Ham and the problem of running equipment during sound tests. PASSED BY CONSENSUS: To approve submittal of a final map for phase three of the Lands of McCulloch based on the four lot configuration as reviewed by Council on July 17, 1991; to direct that the noise mitigation plan for Lot D is to be constructed and tested prior to the filing of the final map; to direct that the improvements for Lots A, B and C be bonded; and to state that staff will review and approve landscaping plans. 8. NEW BUSINESS 9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 10. STAFF REPORTS 10.1 City Manager 10.2 City Attorney The City Attorney apologized for not being present at the Adjourned Regular Meeting and it was agreed her presentation would be rescheduled for a September Meeting. 10.3 City Clerk July 17, 1991 Regular Meeting 11 10.3a Report on Council Correspondence dated July 11, 1991 Siegel noted that letters had been received requesting undergrounding on Taaffe and he inquired what was being done about these requests. Staff responded that approximately three families were in favor of undergrounding; the issue was being reviewed; and these requests would not delay the Taaffe project. 11. COUNCIL-INITIATED ITEMS 11.1 Approval of Attendance at the League of California Cities Annual Conference - October 13-16, 1991 in San Francisco MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and passed unanimously to authorize attendance at the League Conference for any Councilmembers who wish to attend. 11.2 Request from Westwind Barn To Display Banner for September Hoedown MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to add the request from Westwind Barn to display a banner for the September Hoedown as an urgency item to the agenda. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously to approve the request from Westwind Barn to display a banner on the barn announcing the September Hoedown with the condition that the banner be no larger than last year's. 11.3 Request from Santa Clara County Planning Department to use Council Chambers on August 14, 1991 for a Scoping Meeting for the Quarry Hills General Plan Amendment EIR. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously to add the request from Santa Clara County Planning Department to use Council Chambers for a Scoping Meeting for the Quarry Hills General Plan Amendment EIR to the agenda as an urgency item. Council commented that they would like to see the documentation prepared for this meeting and stated that the Town should have input on the issue. titor July 17, 1991 Regular Meeting 12 kit MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and passed unanimously to approve the request from Santa Clara County Planning Department to use Council Chambers on August 14, 1991 for a Scoping Meeting for the Quarry Hills General Plan Amendment EIR. 12. ADJOURNMENT There being no further new or old business to discuss, the meeting was adjourned at 12:40 a.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the July 17, 1991 Regular City Council Meeting were approved at the September 4, 1991 Council Meeting. July 17, 1991 Regular Meeting 13