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HomeMy WebLinkAbout08/20/1986 (2)16279 FREMONT ROAD, LOS ALTOS MILLS, CALIFORNIA 14022 ?, .�^' 141.1222 O o (�9lifnrnil Jvn�°i CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, August 20, 1986 cc: Reel 180, Tr. I, Side I, 262 -end; Tr. I, Side II, 001-697 Mayor van Tamelen called the Regular Meeting of the City Council to order at 7:30 p.m. in the Council Chambers at Town Hall. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present; Mayor van Tamelen and Councilmembers Dronkert, Fuhrman and Tryon Absent: Councilmember Rydell Staff: City Manager George Scarborough, City Attorney Frank Gillio, City Engineer Michael Enright, City Planner Nancy Lytle and City Clerk Pat Dowd Planning Comm: Arthur Lachenbruch B. APPOINTMENT TO THE LOS ALTOS LIBRARY COMMISSION: MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Fuhrman and passed unanimously by all members present to appoint Elaine Dauber as the Town's representative to the Los Altos Li- brary Commission for a term of four years. Councilmembers thanked all those who had applied for the Library Commission. Noting the several tie votes that were taken, they commented on the excellent qualifications and expertise of all those who had applied and stated what a difficult decision it had been for them. Council further noted that there were several vacancies on other Town committees and if any of the applicants were interested in serving on these committees, they should con- tact the City Clerk. 6 ( C. PRESENTATION TO COUNCILMEMBER NAN FUHRMAN: �r Mayor van Tamelen, on behalf of the Council, thanked Council - member Fuhrman for her outstanding service to the Town as Mayor and presented her with a gavel plaque as a token of the Council's appreciation. D. CONSENT CALENDAR: Item Removed: D.1 (Tryon) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dronkert and passed unanimously by all members present to approve the balance of the Consent Calendar, specifically: 2. Approval of Warrants: $43,149.91 3. Resolutions for Adoption: a) Resolution #119-86 setting the time and place of pub- lic hearing on an application for a special land use perit (Lands of Tam, 14297 Saddle Mountain Drive - new residence) b) Resolution #120-86 setting the time and place of pub- lic hearing on an application for a special land use permit (Lands of Wubbels, 13831 LaPaloma - new residence) C) Resolution #121-86 setting the time and place of pub- lic hearing on an application for a special land use permit (Lands of Carneghi, Lot #5, Berry Hill Court - new residence) d) Resolution #122-86 setting the time and place of pub- lic hearing on an application for a special land use permit (Lands of LaLonde, 13770 Robleda Road - addition) e) Resolution 4123-86 ordering the performance of certain work (Westwind Barn Roof Repair) f) Resolution #124-86 urging the United States Postal Service to list the Town in the National Zip Code Directory, and to assign five -digit zip code 94024 to the Town 4. Actions of the Planning Commission: approved the following: a) LANDS OF ALHOUSE, FILE CUP 31-83, 26173 Rancho Manuella Road, modification to existing conditional use permit for secondary dwelling unit E. PRESENTATIONS FROM THE FLOOR: Pat Housden, San Jose, addressed the Council regarding the zip x code issue. She stated it was the right of all people to have S+ their own zip code. In her opinion the Post Office left a lot to be desired and she presented Council with examples of undelivered mail. Ms. Housden asked the City Attorney to file suit #11 against the United States mail in San Jose. Council referred the materials to the City Attorney for his reference. ■ F. REPORT FROM THE PLANNING COMMISSION: Commission Lachenbruch reported that at the 8/13/86 Commission meeting a public hearing was held on the zoning ordinance. In ad- dition the following applications were denied: Lands of Handley, 13818 Page Mill Road and Lands of Scarff, 26026 Scarff Way. Both of these applications involved substantial relaxation of the Town's secondary dwelling ordinance. (see page 12) G. PUBLIC HEARINGS: 1. LANDS OF CHANTALAT, 11681 Dawson Drive, request for a special land use permit to allow for a residence subject to Or- dinance #300. This item was continued as an appeal of the Site Development Com- mittee's approval of this project had been filed. 2. LANDS OF SULLIVAN, 13941 Campo Vista Lane, request for a special land use permit to allow for a new residence subject to Ordinance #300. The Town Planner presented her report dated 8/13/86 which in- cluded the Site Development Committee's recommendation that Coun- cil approve a special land use permit for Lands of Sullivan based on the project's substantial conformance with the guidelines for Ordinance #300. Dronkert questioned whether the number of evergreens planned for planting at the school end of the property was adequate but she did note that this matter would be addressed during the landscap- ing review. Dronkert also advised staff to be aware of project changes during building, specifically changes related to height. van Tamelen noted that the garage would be facing Fremont Road and hoped it would be adequately screened as it was not particu- larly aesthetically pleasing. John Sullivan, applicant, thanked all those who had worked on his project and commented he was looking forward to being a neighbor in the near future. Regarding landscaping, he noted that this was an important issue to them too and the job would be correctly done. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Fuhrman and passed unanimously by all members present to grant special land use permit for the Lands of Sullivan based on the project's substantial conformance with the guidelines for Or- dinance #300. 3. LANDS OF HORTON, 26000 Alicante, request for a special land use permit to allow for an addition subject to Ordinance iAw #300. The Staff Planner presented her report dated 8/13/86 which in- cluded the Site Development Committee's recommendation that Coun- cil grant a special land use permit for Lands of Horton based on the project's conformance with the guidelines for Ordinance #300. 3 Mr. Murray Horton, applicant, briefly explained the proposed ad- dition and stated he would be pleased to answer any questions Council may have on the application. Dronkert commented that this project was at the maximum limit of development and it was noted that the applicant was aware of this. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Fuhrman and passed unanimously by all members present to grant a special land use permit for Lands of Horton based on the project's con- formance with the guidelines for Ordinance #300. 4. LANDS OF BOB OWEN HOMES, INC., 26065 Bentley Court, request for a special land use permit to allow for a new residence subject to Ordinance #300. The Town Planner presented her report dated 8/13/86 which in- cluded the Site Development Committee's recommendation that a special land use permit for Lands of Bob Owen Homes be granted based on the project substantial conformance with the guidelines for Ordinance #300. Council discussed the project before them specifically concerning the issue of the setbacks and the conditions determined by Site Development Committee at their meeting on 8/6/86. Tryon also ex- pressed concern about the garage facing the main road. The Town Planner explained the interim policy regarding setbacks which was being followed until the new zoning ordinance was adopted. The policy states that the Site Development Committee can determine the setbacks unless a setback determination has al- ready been made on a property. Ken Pastrof, applicant's representative, noted that they con- curred with the conditions of the Site Development Committee. Regarding the setbacks, Mr. Pastrof noted that they were much further back from both Burke and Bentley Court than needed and if a future owner wanted to change setbacks, they would have to re- quest a change. They were amenable to the reversal of setback determinations as suggested by Council. Regarding the placement of the garage, Mr. Pastrof noted that his client wanted to insu- late himself as much as possible from the noise and visual glare off Burke; therefore, there were few windows on that side of the house and the garage was placed on that side. Mr. Pastrof did ask Council to consider allowing the height of the house to remain between 28' to 28.5' rather than the maximum height of 27' al- lowed by the Site Development Committee. Mr. Pastrof explained the confusion resulting from the Health Department's definition of leach lines. Iq Mary Stutz, Chairman - Pathways Committee, in response to a sug- gestion from Tryon that the Site Development Committee and Plan- ning Commission look at special screening for garages, noted that the Site Development Committee had considered placement of ga- rages for several years. Marc Kaufman, Planning Commissioner, asked if a setback could be changed after determined by the Site Development Committee. James Flack, Member - Environmental Design and Protection Committee, asked which organization - Site Development Committee or City Council - was the approving authority. It had been his under- standing that the Site Development Committee was a recommending body to the Council. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed by the following roll call vote to grant a special land use permit for Lands of Bob Owen Homes based on the pro- ject's substantial conformance with the guidelines for Ordinance #300, with the condition that the 40' setback be taken from Burke Road and based on the submitted plans showing the height between 28' and 28.5'. AYES: Councilmembers Dronkert, Fuhrman and Tryon NOES: Mayor van Tamelen ABSENT: Councilmember Rydell van Tamelen stated that she voted against this project based on the excess of the height limitation. The City Attorney reported that the Site Development Committee conditions would prevail. While the setback determination was not a condition of the committee, the height stipulation was. If the applicant wanted to change one of these conditions, it woud be necessary for the appliant to go back to the Committee with the requested change. Council could also ask the Site Development Committee to reconsider the application. Ken Pastrof, applicant's representative, stated that his ap- plicant was most anxious to start building and he, therefore, withdrew his request for a change in the height limit. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Fuhrman and passed by the following roll call vote to reconsider the previous motion. AYES: Mayor van Tamelen and Councilmembers Dronkert and Fuhrman NOES: Councilmember Tryon ABSENT: Councilmember Rydell MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Fuhrman and passed unanimously by all members present to amend the original motion by deleting reference to the submitted plans showing a height between 28' and 28.5'. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously by all members present to grant a special land use permit for Lands of Bob Owen Homes based on the pro- ject's substantial conformance with the guidelines for Ordinance #300 with the condition that the 40' setback be taken from Burke Road. 5. Ordinance # of the City of the Town of Los Altos Hills amending the Los Altos Hills Municipal Code by amending the text of Chapter 1 of Title 10 of the Los Altos Hills Municipal Code entitled "Zoning Law of the Town of Los Altos Hills" regulating the use of buildings, structures and land; the loca- tion, height, bulk, number of stories of buildings and structures; the size and use of lots, yards, courts and other open spaces; the percentage of a lot which may be occupied by a building or structure; intensity of land use; establishing re- quirements for off-street parking and building setback lines; and providing for the division of the Town into zones and amending Section 9-1604 of Chapter 1 of Title 9 of the Los Altos Hills Municipal Code entitled 'Subdivisions;' and amending Sections 10- 2.301, 10-2.1303 and 10-2.1309 of Chapter 2 of Title 10 of the Los Altos Hills Municipal Code entitled 'Site Develoment;' and repealing Ordinance #292, 295 and 300 Lori Scott, Planning Consultant, presented her report to the Council on the proposed amendments to the zoning, subdivision and site development ordinances. The major areas affected by these changes are as follow: 1) calculation of maximum development area; 2) building coverage; 3) minimum maximum development area and maximum floor area; 4) conditional development permits; 5) maximum height; 6) new height measurement; and 7) nonconforming structures. (This detailed report dated 8/7/86 is on file at Town Hall.) Dieter Kopal, Barley Hill Road, expressed his concerns about the proposed maximum development area. In his opinion, the proposed limits were quite restrictive and seriously affected what an owner could do with his land. Mr. Ray Fenn, Carillo Lane, agreed with Mr. Kopal. He had lived in the Hills for a long time in a modest home and would not be pleased if he decided to add on to his home and found he was unable to due to new ordinances. Wen Chen, Cupertino, reported on a lot in the Hills he was consider- ing purchasing. He noted the size of the lot and what development would be allowed under the old and new regulations. On this par- ticular lot, in his opinion, the change in development area was considerable. Mr. Marc Kaufman, Planning Commissioner, noted that smaller lots, resulting from subdivisions completed under previous regulations, could still be sold and developed but not to the limits of cur- rent lots. Mr. Kaufman also commented that the definition of a lot unit factor and what that allowed was confusing. Mr. Janklow, Carillo Lane, congratulated the Council on these restrictive measures. He was concerned about drainage and felt these regulations protected the neighborhoods from flooding. Mr. Jim Flack, 13070 Alta Lane South, appreciated the objective of the proposed ordinance but did not feel that it addressed any mitigating measures. He recommended that Council consider en- vironmental aspects which, in his opinion, would motivate a resi- dent to develop his property in a better fashion. Mr. Flack gave the example of appropriate plantings rather than removing a driveway. van Tamelen noted that landscaping was addressed by the Site Development Ordinance and Dronkert commented on the the dif- ficulty of insuring that the landscaping for a project is actual- ly installed. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously by all members present to adopt the nega- tive declaration concerning amendments to Chapter 1 of Title 10 entitled 'zoning' of the Los Altos Hills Municipal Code. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously by all members present to waive further reading of ordinance. Tryon thanked all those involved in working on the proposed zoning ordinance. While she thought it an excellent proposal, she was concerned about the older lots. Dronkert noted that the spe- cial land use permit process had been going on for about a year and a half and had given the Council an overview of the needs of the property owners and the impact on the neighbors. van Tamelen made some grammatical corrections to the proposed ordinance. In particular, on page 27, it was agreed that section (1) would state simply 'Town facilities'. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Fuhrman and passed unanimously by all members present to intro- duce ordinance # amending the text of Chapter 1 of Title 10 of the Los Altos Hills Municipal Code entitled 'zoning law of the Town of Los Altos Hills'. H. OLD BUSINESS: 1. Ordinance # amending Title 6 of the Los Altos Hills Municipal Code entitled 'sanitation and health' by adding thereto Chapter 5 entitled 'nuisances'. The City Manager noted that a report had been prepared which was dated 6/20/86 (on file at Town Hall) and addressed modifications to the nuisance ordinance which Council had received in their packet. Interested residents had also received copies of the mod- ifications. N Mr. Paul Borg, 13452 Carillo Lane, asked for clarification of the issue of boats in the proposed ordinance. He again showed the i► Council pictures of his neighbor's property which had on it a boat and a plane. In addition, Mr. Borg noted that his neighbor also had not finished his roof and this project had been going on for some time. Mr. Borg questioned when this ordinance would be in effect, if adopted. Mr. Janklow, 13464 Carillo Lane, suggested that a 90 day limit for outdoor storage of building materials or similar materials unless substantially screened was unreasonable. In his opinion, this figure should be 30. Also the term 'consecutive days' could be a loophole. Mr. Ray Fenn, 13428 Carillo Lane, suggested that the ordinance before Council was a good remedy to the problem. They could decide if materials on a property were properly screened. Mr. Fenn further noted that he had gone through the Town and had only seen approximately six instances which could be addressed by the nuisance ordinance. Marc Kaufman, 14100 Donelson, expressed difficulty with the pro- posed nuisance ordinance. What, for example, would be the action taken regarding horsetrailers. In his opinion, this ordinance was not workable and was being considered to address one particular situation in the Town. Mrs. Mary Stutz, 25310 Elena, noted that most residents would not be in compliance with the proposed or- dinance. She commented that they not only had a horsetrailer but also had a recreational vehicle which was only used on certain kmw occasions. Only if every resident in Town were made to comply would she undertake the steps to screen, etc. these vehicles. In her opinion, this ordinance was impossible to enforce. Fuhrman stated that she felt this ordinance was unenforceable. Dronkert felt that on balance the ordinance would allow Council to make fair judgements and Tryon felt that it provided a method to the residents to help lessen the impact from their neighbors' property. Council did note as a policy statement that horse - trailers were considered agricultural, not recreational, vehicles. The City Attorney, in response to a question by Dronkert as to whether Council had the obligation to make everyone comply with the ordinance, noted that an enforcement program would need to be formulated. This program would include a notice procedure, hear- ing, opportunity for resident to correct, and, if all else fails, abatement of the nuisance by the Town at the owner's expense. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously to waive further reading of ordinance. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed by the following roll call vote to introduce ordinance # entitled 'sanitation and health' by adding thereto Chapter 5 entitled 'nuisances'as modified by the City Attorney and with the following amendments made by Council consensus on 8/20/86: 1) change the term 'substantially screened' to 'adequately screened'; 2) page 1, section (a) Fire Hazards: Dry or dead shrub, dead tree, combustible refuse and waste, or any material growing on or into a public or private roadside. ; 3) page 3, section (d) insert '90' consective days; 4) page 3, delete sec- tion (3); page 4, section (5) should read: 'vehicles or other mobile equipment designed or used primarily for recreational pur- poses parked or stored inthe areas between setback lines and property lines; and 6) page 4, section (6) insert '30 out of 45' consecutive days. . . AYES: Mayor van Tamelen and Councilmembers Dronkert and Tryon NOES: Councilmember Fuhrman ABSENT: Councilmember Rydell 2. Ordinance # amending Title 5 of the Los Altos Hills Municipal Code -Sy -adding thereto Chapter 7 entitled 'construction of buildings and structures' regulating hours of work This item was continued to the next Council meeting. MOTION SECONDED AND CARRIED: Moved by Fuhrman, seconded by van Tamelen and passed unanimously by all members present to go past the hour of adjournment. 3. Request for Proposals for Storm Drain Master Plan - Status Report The City Engineer referred to his report dated 8/14/86 which noted that the storm drain master plan study would generate the following information: inventory of drainage facilities within the public domain; listing of drainage facilities that discharge onto private property; and determination of the hydraulic ade- quacy of the drainage facilities with recommended upgrades for any deficient facilities. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Fuhrman and passed unanimously by all members present to author- ize staff to proceed with request for proposals for storm drain master plan. 4. S -Curve Project - Status Report The City Manager gave his report dated 8/15/86 which noted that the contractor for the S -Curve project will be unable to complete the project by 9/10/86 as specified in the contract and has re- quested an extension to 9/30/86. The contractor has agreed to maintain a usable fenced path through the construction site from the date school starts to completion of the project. The pathway will remain open at all times except for an approximate three day period during which the retaining wall will be back filled. Dur- ing those three days the path will be open during school commute hours. N PASSED BY CONSENSUS: To direct staff to advise all of the local "qw schools of the status of the S -Curve project (specifically Egan, Bullis and Los Altos High) and to direct the contractor to post a sign at the project apologizing for the delay and giving the time of completion. 5. Item Removed from Consent Calendar: 8/6/86 Minutes MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Fuhrman and passed unanimously by all members present to approve the minutes of the 8/6/86 Council meeting with the following amendments: page 6, item 4.b) change name in resolution adopted from Berry Hill to Gerard and Lambert; page 7, item I.l.a) second paragraph, change reference to lot 27 to lot 26. Add the follow- ing paragraph: 'Dronkert noted the location of the sewer line was indicated on the site approval map for the adjoining lot, #26. Dronkert further noted that it was possible that the sewer line as shown was not entirely within the easement in question.'; page 8, item c) second paragraph, should read: . and is 118" higher than had been allowed under the special land use permit. . ; page 9, item c) motion should read: ' . . .issue of drainage swale and may require one if ; page 11, item g) should read: ' .adopt Financial Consultant Ed Coli's. . , page 14, item g) should read: District 5 North County Day Ceremonies. Tryon noted that she had attended the District 5 (. North County Day ribbon cutting and proclamation ceremonies as a representative of the Town. I. NEW BUSINESS: J. OTHER BUSINESS: Reports from Standing Committees: a) Community Relations Committee Council had received a report from the Community Relations Committee dated 8/1/86. Dronkert suggested that the following agencies be sent invitations to the 9/6/86 dedication ceremonies: Los Altos Garbage Company, Purissima Water District and PG&E. Thanks were extended to the committee for their report. b) Pathways, Recreation and Parks Dronkert thanked the Pathways, Recreation and Parks Committee for their report dated 7/15/86 on pathway maintenance. C) Environmental Design and Protection: landscap- ing plan for tree planting on Burke Road by Bob Owen Jim Flack, member - Environmental Design and Protection Commit- tee, presented Council with a conceptual landscaping plan as pro- posed by Bob Owen for plantings along Burke Road. It was the com- mittee's opinion that the suggested plantings were acceptable. Mr. Flack noted, however, that although the developer offered to provide the trees, he did not plan to take responsibility for long term care of them (pruning and watering). Mr. Flack offered 10 the following options: the Town could have a water meter installed; the neighbors could be asked to take responsibility; or the developer could be asked to install water wells. For Coun- cil's reference, Mr. Flack distributed a handout from Sunset Gar- den Book on street and shade trees. The possibility of using live oak or less urban trees was discussed. (AMENDED BY COUNCIL 9/3/86) MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously by all members present to accept with gratitude the offer of dedication of trees from Bob Owen, Inc., to request that the developer install water wells when planting the trees, and to direct Mr. Flack to take the landscaping plan to the Site Development Committee who will make the final determination of the types of trees. 2. Reports from Ad Hoc Committees: K. STAFF REPORTS: 1. City Manager: a) Five-year Capital Improvement Program This item was continued to the next Council meeting. b) Status report on drainage at Concepcion and Camino Hermoso ( The City Manager stated that his report dated 8/15/86 on this subject was informational only. C) Urban Service Area This item was continued to the next Council Meeting. 2. City Attorney: Dronkert thanked the City Attorney for his report dated 8/19/86 on Council vacancy and Council agreed this matter would be on the next Council agenda. 3. City Clerk: Report on Council Correspondence 4. Council Business: a) Designation of Voting Delegate for League of California Cities Annual Conference This item was continued to the next meeting. b) Request for support of Major League Baseball Stadium in San Jose This item was continued to the next Council meeting. C) Utility Tax It was noted that some residents of the Town were being charged a utility tax by PacBell and MCI. The City Manager was directed to send letters to these organizations on this subject. (Tryon agreed to assist in the drafting of these letters.) d) Telephone Directory Tryon reported that PacBell was looking into showing Los Altos Hills on the telephone directory. L. ADJOURNMENT: There being no further new or old business to discuss, the City Council adjourned at 12:15 a.m. Respectfully submitted, Patricia Dowd, City Clerk The following was added to Item F. by Council at their 9/3/86 meeting: 'Both of these properties involved secondary dwellings on large estates and although these applications did not meet the ordinances it was in the Town's interest to preserve the estates. The Planning Commission will be looking into possible approaches: 12