HomeMy WebLinkAbout02/05/1986 CITY COUNCIL
TOM OF DOS ALTOS HUNS
26379 Fremont Road
los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, February 5, 1986
cc: Reel 175, Tr. I, Side I, 001-end, Tr. I, Side II, 001-127
Mayor Dronkert called the Regular Meeting of the City Council to order at 7:35 p.m.
in the Council Chambers at Town Hall. The Mayor commented on the artworks by Carol
Hake now on display in the Chambers. She thanked both Carol Hake and Marjorie Kellogg
for their contributions regarding this rhea exhibit.
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Mayor Dronkert and Councilmembers Allison and Elliman
Absent: Cauncilmembeis Rydell and van Tamelen
Staff: City Manager George Scarborough, City Attorney Frank Gillio, City
Engineer Michael Enright, City Planner Nancy Lytle and City Clerk
Pat Deal
Planning
Conn: Jean Struthers
Press: Jon Baker, San Jose Mercury
r B. CCNSENF CALENDAR:
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Fuhrnan and passed
unanimously by all members present to approve the Consent Calendar, speLifically:
1. Approval of Minutes: January 15, 1986, January 22, 1986 and January 29, 1986
2. Approval of Warrants: $6,440.54 (1/31/86) and $66,806.25 (2/5/86)
3. Resolutions for Adoption:
a) Resolution #10-86 setting the time and place of public hearing on an
application for a special land use permit (Lands of Dolen, 13445 Mandoli Dr.)
b) Resolution #11-86 approving final parcel map of Lands of Kava and approving
' and authorizing execution of subdivision agreement (Stonebrook Road)
c) Resolution #12-86 approving and authorizing execution of addendum to agree-
merit between the City of the Tban of Los.Altos Hills and William Cotton
and Associates, Inc. (Fremont Road S-Curve Project)
d) Resolution #13-86 approving and authorizing execution of agreement with
Nowack and Associates (Frenont Road S-Curve Project)
4. Actions of the Planning Commission: approved the following:
a) LANDS OF CHENG, FILE CAR #5-85, 11651 Jessica (addition in roof height
envelope)
CITY COUNCIL MINUTES - February 5, 1986
C. PRESENPATICHS FROM THE FLOOR:
Bea Brown, 485 Aspen Way, Ins Altos and Cherie Ignatius, 12871 Atherton Court,
members of the League of Wren Voters, addressed the Council concerning the
League's position on Space-Age Defense. They referred to a pamphlet prepared
by the League on this subject with particular emphasis on the League's position
that the the Strategic Defense Initiative was a dangerous proposition. They
noted that their comments were informational and thanked the Council for the
opportunity to address the subject.
D. REPORT FROM THE PLANNING COMMISSION:
PASSED BY CONSENSUS: To transmit the Site Development Ordinance to Santa Clara
County and to request that the County be aware of the Town's regulations when
examining projects in the 'Ibwn's sphere of influence.
E. PUBLIC HEARINGS:
1. LANDS OF RICK BELL, BUILDERS, INC., 27911 Black Mountain Road, request for
a special land use permit to allow construction of a new residence having
a height in excess of fifteen feet.
The Staff Planner referred to her 1/30186 report which noted that the Site Develop-
ment Committee recommended approval of the special land use permit for Lands of Rick
Bell laced on the project's conformancewith the guidelines of Ordinance #295. The
staff report further noted that a redesign of the driveway had been submitted as a
oordition of the site development permit for the new residence.
r hr Mr. Rick Bell, applicant, presented a brief background on the development plans for
the property and noted that the purchasers of the property, Mr. and Mrs. Roger
• Burnell, were present.
Mr. Roger Burnell, purchaser of lot, explained the redesign of the driveway. They
needed to work around the trees and wanted to avoid visual impact both to the ILant
of the house and to their neighbors on the side. They felt it was a good solution
to the problem and one that worked.
Allison oomented that while he felt Mr. Bell had done a good job on the house
design, he had concerns about the driveway. Council also advised the applicant
that they were practically at the limit of their development area and the applicant
noted that they were aware of this.
NOTION SECONDED AND CARRIED: Moved by FUhrnnn, seconded by Dronkert and passed by
the following roll call vote to grant a special lard use permit for the Lands of
Rick Bell based on the project's conformance with the guidelines for Ordinance #295.
AYES: Mayor Dronkert and Councih,wnher Fthrman
NOES: Councilnuter Allison
ABSENT: Councilmembers Rydell and van Tamelen
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CITY COUNCIL MINUI''ES - February 5, 1986
E. PUBLIC HEARINGS: (continued) :
2. LANDS OF HEPPICC, 28041 Horseshoe Court, request for a special lard use
permit to allow construction of a new residence having a height in excess
of fifteen feet
The Town Planner presented her 1/29/86 staff repurt which noted that the Site
Develogrent Ccnudttee remm:ended approval of a special lard use permit for the
proposed new residence based on the project's substantial conformance with the
guidelines for Ordinance #295. The report further wmanted that while the lot was
on a very visible ridgeline, the applicant had agreed with certain mitigating
measures to lessen the visual impact of the project.
Nr. Bob DoAnaral, ardlitect, explained the grading and landscaping of the project.
He also cemented on the small roof area which exceeds the height limit. Apparently
this was a misunderstanding and according to his estimates, the highest peak was a
triangle section 12" over the height limits. This peak was over the central stairwell
and he would be pleased to lower the triangle to the required 27'.
Mr. Charles Herpick, applicant, contented that he was building the home for himself
and explained why he sited the residence on the lot as shown on the plans. He
particularly noted that he wanted a view of Stanford and he wanted to avoid the
noise of 280.
Allison stated that he could not make the following findings regarding the application
for lands of Herpick: Section 5(c) (i) and (iii) : The City Council nay not grant a
special land use permit unless it finds that the following general conditions exist-
'The establishment and maintenance of the use applied for conform with the comprehen-
sive zoning and land use regulations being studied, or which the Council intends to
study within a reasonable time' . and 'The proposed use is not detrimental or injurious
to property and improvements in the neighborhood and is appropriate to the location,
the lot and the neighborhood' . Dronkert stated that she could not make the following
finding regarding the Lards of Herpick: Section 5(b) (i) : The effect which the proposed
use has on the comprehensive zoning and land use regulations which the Council
currently has under study. ' Dronkert did suggest a field trip with the applicant
to help clarify the application of these guidelines to the project under discussion.
1 MOTION SECONDED AND TABLED: Moved by Fuhrman, seconded by Dronkert and tabled to
grant a special land use permit for Lards of Herpick based on the project's sub-
stantial conformance with the guidelines for Ordinance #295
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Dienkert to continue
lands of Herpick, request for a special landuse permit to the next Council meeting
to allow the applicant the opportunity to review the plans. (AMENDED BY COUNCIL
modify 2/19/86)
3. LANDS OF I.ANIS, lot #3, Canario Way, request for a special land use permit
to allow construction of a new residence having a height in excess of fifteen
feet.
This item was continued at the request of the applicant.
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CITY COUNCIL MINUTES - February 5, 1986
E. PUBLIC HEARINGS: (continued) :
`y 4. LANDS OF GIGLI, 12321 Gigli Court, request for a special lard use permit
to allow construction of a new residence having a height in excess of
fifteen feet
The Town Planner referred to her staff rep.at dated 1/29/86 which noted that the
Planning Commission at its meeting on 1/22/86 nffa mraded that the Council deny
the Special Lard Use Permit for the Lards of Gigli at 12321 Gigli Court as they
mrld not find that the proposed residence was appropriate to the location, lot
and neighborhood.
Loren Nelson, Gerard Development Corporation, presented a color rendering of the
proposed house. He also wmentei on the proposed landscaping and noted that the
plans conformed to both the nee and old guidelines. Mr. Nelson presented a Mart
of four neighboring hates and compared their development area with that of the
proposed new residence. In his opinion the ccmparison was favorable and he did not
see how this proposed house visually impacted any of the neighbors. Mr. Nelson
read a letter from Mr. Johansen stating that he would terminate his contract to
purchase said lot if Gerard was unable to build the type of home he wanted. Mr.
Nelson requested approval of the special land use permit and the site development
permit for 12321 Gigli Court.
Mary Hardy, 12101 Dawn Lane, stated that although their view was not being impacted
she felt the proposed house was inappropriate to the neighborhood. Mr. Hardy also
read a letter from Mrs. Andy Perga, 12100 Dawn Lane, who urged the Council to place
tighter restrictions on the sizes of hares in relation to the size of building lots
E and to form a design apprval committee to evaluate the appropriateness of dwellings
�I proposed.
Mrs. Joyce Clark, 12544 Corbelta Lane, did not think the Town should legislate
styles. The 'rural' nature of the Town was protected by the one acre minimum and
slope density regulations. Mrs. Clark cemented that there was no divine right of
those governing and minimal governmentwas important. Most importantly, she stressed
a reasonable approach. The issue was quite subjective and the results could be quite
divisive.
Mr. Frank Blum, Jr., applicant's attorney stated that he had reviewed the files,
studied the ordinances and listened to the tape of the Planning °omission Meeting.
He could find no factual findings and the denial of the project appeared to be quite
subjective. Mr. Blum cemented that the character of the Town permits individuality.
Mr. Blum also noted that while the Town does not have architectural control, Mr.
Gigli did in the CC&Rs of his subdivision. It was also stated that Gerard Development
had an option to purchase the remising five lots. However, if this project was not
approved, Gerard has stated they will not pick up their option.
Both Dronkert and Allison stated that they could not make the findings for a special
land use permit for the Lands of Gigli according to Ordinance #295. The proposed
house was not appropriate to the location of the lot. The proposed residence was
oriented to the street rather than to the view and had been designed to be seen.
YCTION SECONDED AND TABLED: MDve3 by Foilrnman, seconded by Allison and tabled to
grant a special land use permit for Lards of Gigli based on the project's conformance
with the guidelines for Ordinance #295, subject to the issuance of a site development
permit.
MYTION SECONDED AN) CARRIED: Moved by,Allison, seconded by FUhrmepaenx�and passed
uunani-
t applica t theopportunity tevil th yplanss. (AMENDED BY 1NCII. x/19/86) allow
CITY COUNCIL MINUTES - February 5, 1986
E. PUBLIC HEARINGS: (continued) :
lir 5. LANDS OF NAGPAL, 28555 Matadero Creek, appeal of Site Developnent's
decision regarding swinning pool outside of building site circle
Mr. and Mrs. Nagpal, applicants presented slides of their property to the
Council and explained why they wanted to construct the swimming pool further
beyondthe limits of the site circle. They noted that they were trying to
preserve the trees which accounted for their original request to go outside
the site circle. In so doing however they now realized that a been was
directly over the spa. Their present request would allow the pool to be
moved slightly beyond the site circle to prevent this frau happening.
Peter Wright Shaw, landscape architect explained the proposed plans for the
Nagpals' pool and landscaping.
Dronkert noted that the site circles for the Matadero Creek Subdivision had
been carefully planned. However, while she did not see any problems with the
request before Council she was concerned that with the proposed plans the
pool would be ten feet closer to the oak trees and there may be the danger of
losing the very trees they were trying to save.
M7TION SEIXJNDID AND CARRED: Moved by Fuhmman, seconded by Allison and passel
unanimously to grant the Nagpals' request to construct a swimming pool at
28555 Matadero Creek beyond the limits of thesite circle approved by the Council
in September 1984.
ISW 6. LANDS OF PICCWICU, 14975 Page Mill Road, appeal of Planning Commission's
denial of conditional use permit
•
This iter was continued at the request of the applicant.
F. OID BUSINESS:
1. Request from Mr. James Barrow for a one-year extension of installment note
on Lot #5, Matadero Creek Subdivision
MOTION SEOJEIDID AND CARRIED: Moved by Fnhnran, seconded by Allison and passed
unanimously by all members present to direct the City Attorney to prepare the
appropriate documents for a one year extension of the installment note for Lot #5,
Matadero Creek Subdivision.
2. LANDS OF CHEN, 26870 Taaffe Read, request for encroachment permit to build
two brick pillars.
The City Engineer referred to his staff report dated 1/30/86 which included the
recommendation that Oauicil deny the request for an encroachment permit. The
Engineer further noted that the applicants had received no permits for the cement
walkway or pillars on their property.
Mrs. Chen, applicant, addressed the Council and stated that she was unaware that
she had needed a pernit for the work done. She explained that their front yard
tat sloped rather steeply to the streetand to facilitate walking toward Taaffe they put
in a walkway. In addition, it was very difficult for their friends to find their
house, so they wanted pillars with lights clearly slowing the house number.
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CITY COUNCIL MINUTES - February 5, 1986
F. OID BUSINESS: Iter 2 - lands of then (continued) :
Dronkert thought it unfortunate that the contractor doing the work for Mrs. then
had not advised her of the necessity to get permits for certain work done in
Town. While Mayor Dronkert understood a need for a pillar for house identification,
she did not agree with improvenents made into the right-of-way.
MYTION SEC:NEED AND CARRIED: Moved by Allison, seconded by Fuhnhan and pacced by
the following roll call vote to deny the request of Mrs. then at 26870 Taaffe Road
for an encroachment permit and to request the Pathway Oannittee to neeL and advise
Dr. and Mrs. then regarding actions necessary to restore the pathway link along
Taaffe Road
AYES: Cnnncilrarbers Allison and Fuhrman
NOES: Mayor Dronkert
ABSENT: Councilmanbers Rydell and van Tamelen
3. LANDS OF DEL COSMIC, 28540 Matadero Creek Lane, request to build fence in
open space easement
As no information had been received fran the applicant, this item was removed from
the agenda. It was noted, however, that the fence under discussion was already in
place on the property.
PASSED BY CONSENSUS: To direct staff to enforce the Town's fence regulations
and to so inform Mr. Del Coatel to at 28540 Matadero Creek Lane.
(, 4. Request to name a small hill in Town "holler's Knoll" aid to have it placed
on the appropriate maps
PASSED BY CONSENSUS: To approve the request to name a small hill in Town "Noller's
Knoll", to have it placed on the appropriate mads and to so inform Mr. Steward of
the approval of his request.
G. MIR BUSINESS:
1. Request from the Peninsula Water Agency for support to enlarge the Agency to
include allcustomers of the City and County of the San Francisco Water
Department
PASSED BY CatENSUS: To ask the Purissima Water District if they would reaanrend
the Tenn participating in this agreement and if so to bring this matter back at a
future meeting.
H. COMER BUSINESS:
1. Reports fruit Standing Carmittees:
2. Reports fran Ad Hoc Committees:
a) Heritage House
Full/man referred to her retort dated 215/86 which included various options regarding
`
`. development area at the Town Hall complex. Fuhnaan contented that a decision
regarding development area had to be made before the landscape plan for the Heritage
House could bedeveloped and the.Heritage House could not be used until the landscape
plan was approved by the Site Development Carmittee.
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CITY COUNCIL MINUTES - February 5, 1986
H. OTTER BUSINESS: Itan 2.a) Heritage House (continued) :
1, MDTION SETNDED AND CARRIED: Moved by Allison, seconded by Fuhnnan and passed
unanimously by all matters presentto interpret the zoning ordinance to include
institutional land uses in the provisions for Section 9-5.502(b) (4) to mean that
only driveway within 100 square feet of a primary building or secondary dwelling
counts toward Maximum Development Area.
3. Council Business:
a) Allison: Intergovernmental Council Meeting 2/6186
Allison rnporttd that at the next IOC meeting the following issues world be discussed:
appointment to the City Selection Ccmnittee, California Identification System and
Hazardous Waste Questionnaire. In addition, appointments would be made to the
following cannittees: Environnnental Safety, Lard Use and Legislation. It was agreed
that Mr. Allison would convey the Town's interest in participating on either the
Environmental Safety or land Use Cnmittees.
b) Dronkert: O nm,nity Teen Board
Dronkert noted that Los Altos had organized a Cmnunity Teen Board and was requesting
designation of a liaison frau the Town who will be on the Board's mailing list and
will be kept advised of events.
PASSED BY CONSENSUS: lb appoint City Clerk Pat Doral as liaison to the Care unity
Teen Board and to inquire anuuy residents if anyone has an interest in volunteering
Las liaison to this group.
c) Dronkert: Transportation Commission
PASSED BY CONSENSUS: To appoint Councilnwnher Allison as the Town's representative
to the Transportation Commission, thereby replacing Councilmenter Fnhnian on said
Commission.
d) Dronkert: Schedule of Council representation at Planning Cannission Meetings
Dronkert noted that a schedule had been prepared by the City Clerk through the
5128186 Planning Cannission Meeting. A reminder would be placed on each CUumcil
agenda and if a Cou ncilmenber could not attend a certain meeting, they should
make arrangements for a substitute.
e) Dronkert: American Rural Crime Prevention
Dronkert requrted that she had received correspondence urging support of American
Rural Crime Prevention.
I. STAFF PEPOIIIS:
1. City Manager:
CITY COUNCIL MINUTES - February 5, 1986
I. STAFF REPORTS: (continued) :
2. City Attorney:
a) Report on Black Mountain/Elena Road Path Faseient
This item was continued to the next neeting.
b) April 8, 1986 Election
The City Attorney reported that since only two nominees had filed for the two
Council seats, Council had the option of appointing the inaninees or holding
the election. There was a very limited time frame to do this, however, as a
notice of these facts needed to be published and the Regisrar of Voters Office
needed to be advised within a definite period of tine.
MYTION SECONDED AN) CARRIED: Moved by F1,hnnan, seconded by Allison and passes
unanimously by all members present to schedule an Adjourned Regular Council
Meeting at 4:30 p.m. on Tuesday, February 18, 1986 to determine whether to hold
the 4/8/86 Municipal Election or whether to appoint the two nominees, and to
direct the City Clerk to publish said findings.
3. City Clerk: Report on Council Correspondence
4. City Engineer: Fraiunt Road S Curve
The City Engineer referred to his 2/5/86 maid which addressed the subject of
underyroading of utilities along Fremont between Edith and Miranda. Due to
eost and time, the City Engineer did not forming an underground
utility district in conjunction with the S-Curve project. Amore detailed report
would be forthcoming frau PG&E.
J. CLOSED SESSION: LITIGATION (Pursuant to Government Code Section 54956.9(a)
This iter was continued to the next meeting.
A. ADJOURNMENT:
There being no further new or old business to discuss, the City Council adjourned
at 11:25 p.m. to an Adjourned Regular Meeting at 4:30 p.m. on Tuesday, February 18,
1986.
Respectfully sulndtted,
Patricia Dowd, City Clerk
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